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Home My WebLink AboutRegular Council Agenda Packet 04-04-2017Marana Regular Council Meeting 04/04/2017 Page 1 of 219 Marana Regular Council Meeting 04/04/2017 Page 2 of 219 Marana Regular Council Meeting 04/04/2017 Page 3 of 219 Marana Regular Council Meeting 04/04/2017 Page 4 of 219 Marana Regular Council Meeting 04/04/2017 Page 5 of 219 Marana Regular Council Meeting 04/04/2017 Page 6 of 219 Marana Regular Council Meeting 04/04/2017 Page 7 of 219 Marana Regular Council Meeting 04/04/2017 Page 8 of 219 Marana Regular Council Meeting 04/04/2017 Page 9 of 219 Marana Regular Council Meeting 04/04/2017 Page 10 of 219 Marana Regular Council Meeting 04/04/2017 Page 11 of 219 Marana Regular Council Meeting 04/04/2017 Page 12 of 219 Marana Regular Council Meeting 04/04/2017 Page 13 of 219 Marana Regular Council Meeting 04/04/2017 Page 14 of 219 Marana Regular Council Meeting 04/04/2017 Page 15 of 219 Error! Unknown document property name.100306390_1 NORTHWEST RECHARGE, RECOVERY, AND DELIVERY SYSTEM (NWRRDS) INTERGOVERNMENTAL AGREEMENT The Parties to this Northwest Recharge, Recovery, and Delivery System (NWRRDS) Intergovernmental Agreement (“Agreement”) are the Metropolitan Domestic Water Improvement District, an Arizona domestic water improvement district (“MDWID”); the Town of Marana, an Arizona municipal corporation (“Marana”); and the Town of Oro Valley, an Arizona municipal co rporation (“Oro Valley”). RECITALS A. Each of the Parties has stored water underground or has utilized a groundwater savings facility for later recovery and use as provided by Arizona law. B. Each Party desires to recover the water stored underground or credited through a groundwater savings fac ility and utilize that water as provided by Arizona law. C. Each Party desires to work together with the other Parties in good faith to recover and deliver renewable water to foster water resource stability regionally and in each Party’s respective service area. D. To allow for the transportation and use of the recovered water, each of the Parties desires to participate in the design, construction, operation, and maintenance of the NWRRDS in the manner described in this Agreement. E. MDWID has stored water underground at certain recharge fac ilities and desires to recover that water from recovery wells pursuant to Arizona law. F. MDWID further desires to deliver the recovered water to the NWRRDS, which will transport the water to the Herb Johnson Reservoir, which will be MDWID’s Point of Entry. G. Marana desires to recover its water stored underground at the Lower Santa Cruz Replenishment Project or through a groundwater savings fac ility, deliver the recovered water through the Marana Airport water system to the NWRRDS, and transport its water to the Marana Water Service Area. H. Oro Valley desires to recover the water stored underground at the Lower Santa Cruz Replenishment Project, the Avra Valley Recharge Project and the BKW Farms Ground Water Savings Fac ility, deliver the recovered water to the NWRRDS, and transport the water to the Oro Valley Water Service Area. I. Pursuant to A.R.S. § 11-952, the Parties have the right to enter into agreements and contracts with other public agencies to further their common interests. Marana Regular Council Meeting 04/04/2017 Page 16 of 219 2 AGREEMENT In consideration of the premises and mutual covenants and agreements herein set forth, the Parties agree as follows: 1. DEFINITIONS: As used in this Agreement, the following terms, when capitalized, have the meanings indicated: 1.1. “ADWR ”" means the Arizona Department of Water Resources. 1.2. “Allocated Capacity” means the amount of Operating Capacity in acre feet (AF) allocated to each Party as specifically set forth in Exhibit B. 1.3. “Annual Report” means a summary of all expenditures incurred throughout the year, a reconciliation based on each Party’s usage and calendar year payments and the quantity of metered water delivered to each Party compared to the Party’s requested annual delivery. 1.4. “Authorized Representative” means an individual, as set forth in Section 6.1, who will serve on the NWRRDS Committee and render decisions on behalf of a Party on matters, including, but not limited to, approval of contractual change orders, annual operating costs, annual delivery orders and any other matters that the NWRRDS Committee has authority to determine. 1.5. “Booster Station” means a facility located along the NWRRDS pipeline that will pump the water to allow the water to reach its higher elevation destination(s). 1.6. “Central Arizona Project” or “CAP” means the water delivery works of the CAP including, but not limited to, the CAP canal, its turnout structures, pumping plants, and associated measuring devices. 1.7. “Construction Insurance” means the i nsurance coverage applicable to Design and Construction Work for the NWRRDS, procured and maintained as provided in Section 15 and Exhibit D. 1.8. “Design and Construction Work” means all work associated with constructing, expanding or improving the NWRRDS, including but not limited to, all planning, engineering, design, permitting, construction, reconstruction, contract preparation, purchasing, supervision, inspection, accounting, software development and implementation, testing and start-up for the NWRRDS prior to the In-Service Date, and for cancellation of the NWRRDS if the Parties decide not to complete it. 1.9. “Design and Construction Costs” means the costs of performing Design and Construction Work, as described in Section 7. Marana Regular Council Meeting 04/04/2017 Page 17 of 219 3 1.10. “Force Majeure Event” means any event beyond the reasonable control of a Party, including but not limited to failure of or threatened failure of facilities, flood, earthquake, storm, fire, lightning, epidemic, war, riot, civil disturbance or disobedience, labor dispute, labor or material shortage, sabotage, restraint by court order or public authority, and action or non-action by or failure to obtain the necessary authorizations or approvals from any governmental agency or authority not a Party to this Agreement, which by exercise of due diligence such Party could not reasonably have been expected to avoid and which by exercise of due diligence it shall be unable to overcome. 1.11. “Herb Johnson Reservoir” means the 5,000,000 gallon reservoir owned by MDWID located near Shannon Road and Linda Vista Blvd. 1.12. “In -Service Date” means t he date on which the Operating Agent determines the NWRRDS to be operational at its then current designed capacity. 1.13. “NWRRDS” or “Northwest Recharge, Recovery, and Delivery System” means the water delivery system, which is composed of, but not limited to, a pipeline, certain land rights, certain well sites, and the forebay site, all as described on Exhibit A. 1.14. “NWRRDS Committee” means a committee established pursuant to Section 6 of this Agreement. 1.15. “Operating Agent” means t he Party responsible for the performance of Design and Construction Work and Operations and Maintenance Work in accordance with this Agreement. 1.16. “Operating Capacity” means t he annual amount of water in AF that can be transported through the NWRRDS. 1.17. “Operating Insurance” means i nsurance coverage applicable to Operations and Maintenance Work for the NWRRDS, to be procured and maintained in accordance with Section 15 and Exhibit E. 1.18. “Operations and Maintenance Costs” means the costs of performing Operations and Maintenance Work as described in Sections 8 and 9 and Exhibit C. 1.19. “Operations and Maintenance Work” means the work occurring after the In- Service Date associated with operations and maintenance of the NWRRDS and administering the terms of this Agreement. 1.20. “Parties” shall mean collectively, MDWID, Marana, and Oro Valley. Each may be referred to as a “Party”. 1.21. “Point of Entry” means the point where water transported through the NWRRDS exits the NWRRDS for delivery to the applicable Party in compliance with applicable drinking water standards. The Point of Entry for Marana Regular Council Meeting 04/04/2017 Page 18 of 219 4 each Party is located approximately fifty (50) feet south of the reservoirs and is specifically located at the valve downstream from the meter to measure deliveries to each Party, as described on Exhibit A. 1.22. “Source ” means the point(s) where a Party’s water is received by the NWRRDS for delivery to the Party’s Point of Entry. The Source for each Party is set forth in Exhibit A. 1.23. “Third Party Liability” means any liability arising from a claim brought by a third party not a Party to this Agreement in relation to the Design and Construction Work, Operations and Maintenance Work, or the NWRRDS. 2. TERM AND WITHDRAWAL. 2.1. This Agreement shall become effective upon recordation with the Pima County Recorder (“Effective Date”) and shall remain in effect through June30, 2075, unless earlier terminated in accordance with the terms of this Agreement. On or before June 30,2070, the Parties shall commence negotiations in good faith to address the renewal of the Agreement. 2.2. The Parties may terminate this Agreement at any time by written agreement of all Parties. 2.3. Upon expiration or termination of this Agreement, ownership of the NWRRDS shall remain with MDWID. Each remaining Party shall share in all costs for decommissioning of the infrastructure not owned by MDWID and payment of any expenses remaining under this Agreement in proportion to the Party’s Authorized Capacity percentages as set forth in Exhibit B. 2.4. Upon ninety (90) days ’ written notice, a Party may withdraw from this Agreement subject to the following and Sections 2.5 and 2.6. 2.4.1. Subsequent to a P arty’s withdrawal under this section, the remaining Parties shall have the option to assume the withdrawn Party’s Allocated Capacity and future obligations related thereto (except as provided by Section 2.5) as agreed to by the Parties without compensation to the withdrawing Party; provided, that if the Parties cannot agree to a new allocation of the withdrawn Party’s Allocated Capacity within thirty (30) days, the withdrawn Party’s Allocated Capacity and future obligations shall be either re-allocated in the ratio of each remaining Party’s Allocated Capacity in the NWRRDS to the sum of all the remaining Parties’ Allocated Capacity in the NWRRDS or will not be allocated to any remaining Party, as determined by the NWRRDS Committee. Exhibit B shall be revised to reflect the effect of any withdrawal. 2.4.2. Notwithstanding anything to the contrary in this Agreement, (i) if a Party, at the sole discretion of the Party, withdraws from this Agreement prior to the award of construction contract for the Design and Construction Marana Regular Council Meeting 04/04/2017 Page 19 of 219 5 Work of the NWRRDS, the Party shall be responsible for any and all additional costs related to the revised and modified design of the NWRRDS to reflect the change in capacity and any other changes to the design made necessary at that time by the withdrawal; and (ii) if a Party withdraws from this Agreement after the award of construction contract for the Design and Construction Work of the NWRRDS, the withdrawing Party shall be responsible for its share of all Design and Construction Costs and other costs due from such Party prior to the effective date of the withdrawal regardless of its withdrawal from this Agreement. 2.5. Each Party shall remain bound by the terms and conditions set forth in Section 16.7 following either withdrawal from participation in or termination of this Agreement. This Section 2.5 shall survive expiration or termination of this Agreement. 2.6. A Party withdrawing from this Agreement pursuant to Section 2.4 shall be obligated to pay for its share of all costs due from such Party during the period in which it participated in this Agreement even if such costs or expenses are allocated after the effective date of the Party’s withdrawal. 3. OWNERSHIP OF NORTHWEST RECHARGE, RECOVERY, AND DELIVERY SYSTEM 3.1. MDWID shall own all title, interest and rights to the Northwest Recharge, Recovery, and Delivery System, excluding each Party’s contractual right to its Allocated Capacity in the NWRRDS and each Party’s other rights and obligations in relation to the NWRRDS. The Allocated Capacity rights of Oro Valley and Marana are intangible assets with the ability to capitalize and depreciate independently by Oro Valley and Marana in accordance with the Government Accounting Standards Board at the time of the approval of this Agreement. MDWID will only capitalize and depreciate MDWID’s contributed portion to the NWRRDS. 4. ALLOCATED CAPACITY 4.1. Each Party shall have the contractual right to its Allocated Capacity in the NWRRDS as set forth in Exhibit B. Exhibit B shall be revised by the Operating Agent to reflect any changes in Allocated Capacity during the term of this Agreement in accordance with the terms of this Agreement. 4.2. This Agreement entitles each Party to use certain segments of the NWRRDS based on proportional capacity as described further in Exhibit B at any time after the In-Service Date for receipt of water into the NWRRDS at the Party’s Source and delivery from the NWRRDS at the Party’s Point of Entry, subject to the conditions specified in this Agreement. 4.3. Subject to Sections 4.4, 4.5, 16.2 and 16.3 and the provisions of this Section 4.3, a Party may make available to a Party or non-party, a portion, or all, of its Marana Regular Council Meeting 04/04/2017 Page 20 of 219 6 Allocated Capacity; provided, that, if a Party withdraws from or otherwise ceases to be a Party to this Agreement for any reason, the lease or other conveyance shall also terminate. Any lease or other similar conveyance of a Party’s Allocated Capacity shall include language making such agreement immediately terminate upon a Party’s withdrawal or other termination of its participation under this Agreement. 4.4. Notwithstanding anything to the contrary in this Agreement, any lease or other similar conveyance shall be subject to the Party seeking to make all or part of its Allocated Capacity available to another party offering such capacity to the following parties in the following priority: (a) other Parties to this Agreement; (b) other local water providers in the Tucson metropolitan area; and (c) other third parties. 4.5. Any further sub-lease or other similar conveyance by a Party described in Subsection (b) or (c) of Section 4.4 shall be subject to prior approval by the NWRRDS Committee. 4.6. In the event of a conflict between the terms and conditions of a lease, assignment or conveyance of interest and this Agreement, this Agreement shall control. 4.7. The Parties are not obligated to use their Allocated Capacity, but must continue to pay the Base Usage Rate per acre foot of the parties Allocated Capacity as required under the agreed-upon methodology in Exhibit C even if the Party’s Allocated Capacity is not used. 4.8. Each Party shall be responsible for the design, construction and maintenance of its own infrastructure after the Point of Entry, which is not part of the NWRRDS infrastructure required to deliver its water to its service area, including, but not limited to, all source delivery points and delivery systems. 5. OPERATING AGENT DUTIES 5.1. General Duties 5.1.1. The Operating Agent shall be MDWID; if MDWID assigns its rights in this Agreement to another entity (including ownership of the NWRRDS), the Operating Agent shall be determined by a vote of the remaining Parties and new assignees pursuant to Section 6.5 within thirty (30) days of the effective date of the assignment/transfer by MDWID. In the event that only one of the original Parties remain, then that remaining single party shall have first right of refusal to become the Operating Agent. 5.1.2. The Operating Agent shall administer and monitor the NWRRDS in accordance with all applicable laws. The Operating Agent shall conduct all duties under this Agreement in accordance with industry standards and shall provide to all Parties the information required under this Agreement in Marana Regular Council Meeting 04/04/2017 Page 21 of 219 7 accordance with the timeframes required under this Agreement and with such level of detail as to allow each Party to fulfill its obligations under this Agreement. 5.1.3. The Operating Agent shall act as agent for the Parties and on its own behalf to administer the Design and Construction Work as well as the Operations and Maintenance Work of the NWRRDS and perform other functions consistent with the purpose and terms of this Agreement not otherwise provided for herein. The Operating Agent shall perform its duties and responsibilities in accordance with Section 5.2 and 5.3 below (as applicable). 5.2. Design and Construction Work Duties 5.2.1. The Operating Agent, up to the Points of Entry, shall: 5.2.1.1. Complete all Design and Construction Work, including managing all bids and procurement in accordance with applicable law. 5.2.1.2. Obtain all permits, licenses, approvals, contracts and insurance as required to perform and complete all Design and Construction Work. 5.2.1.3. Manage the bidding process for all Design and Construction Work including the award of all Design and Construction Work. 5.2.1.4. Provide bidding and contract documents to the NWRRDS Committee for review. 5.2.1.4.1. Comments on the bidding and contract documents shall be discussed during regularly scheduled meetings during the design, construction, and operation of the NWRRDS and approved as set forth in Section 6.7. 5.2.1.5. Enter into and, following execution, administer all contracts associated with the NWRRDS (not including leases or other similar conveyances described in Section 4) subject to Section 6.7. 5.2.1.6. Approve change orders in accordance with this subsection. 5.2.1.6.1. All change orders shall be discussed during regularly scheduled meetings during the design, construction, and operation of the NWRRDS. The meetings shall be attended by a representative of each Party appointed by the Authorized Representative for that Party. The frequency of the meetings shall be determined by the representatives of the Parties. 5.2.1.6.2. The Operating Agent may authorize change orders if the increased cost of the change order is less than five percent (5%) of the total contract price. Marana Regular Council Meeting 04/04/2017 Page 22 of 219 8 5.2.1.6.3. If the increased cost of a change order (or design amendment) is greater than five percent (5%) of the total contract price, the Operating Agent, if feasible, shall provide notice of the change order to the other Parties in advance of the meeting where the change order will be considered. The Operating Agent shall authorize such change orders if the change order is approved by those representatives of the Parties in attendance at the meeting where the change order is considered (provided that a Party may provide written approval of or objection to the change order in lieu of attendance at the meeting). 5.2.1.6.4. Notwithstanding subsection 5.2.1.6.3, if the Operating Agent determines that a change order involves a safety issue, an emergency or that allowing time for consideration of the change order at a meeting would cause a significant increase in costs associated with the change order, the Operating Agent may authorize the change order prior to the meeting. 5.2.1.7. At each meeting of the NWRRDS Committee, supply the NWRRDS Committee with information on any matters which may substantially affect the design or construction of the NWRRDS. 5.2.1.8. Obtain and maintain all required regulatory permits and approvals. 5.2.1.9. Follow generally accepted accounting principles and standard engineering practices. 5.2.1.10. Prior to each construction phase of the NWRRDS, the Operating Agent shall provide a proposed budget for that phase to the other Parties. The budget shall include each Party ’s estimated share of the costs. Each budget shall be submitted to the NWRRDS Committee for approval. 5.2.2. The Operating Agent shall maintain records, documents, plans and information directly or indirectly pertinent to the performance of Design and Construction Work and Operations and Maintenance Work under this Agreement in accordance with applicable Arizona records retention schedules. The Parties shall have access to all records for the purpose of inspection, audit and copying during normal business hours for as long as the records are maintained. 5.2.3. Notwithstanding anything to the contrary in this Agreement, if the Operating Agent determines that any issue during the construction of the NWRRDS involves a safety issue or an emergency, as determined by the Operating Agent in its reasonable discretion, the Operating Agent may take Marana Regular Council Meeting 04/04/2017 Page 23 of 219 9 action to address such issue. Such action will be reported to the Authorized Representative for each Party in a timely manner. 5.2.4. The Parties agree that any development projects submitted for review within Marana or Oro Valley within the vicinity of proposed facilities or pipelines associated with the NWRRDS project will be provided to the Operating Agent for the purposes of identifying necessary easements or rights-of-way necessary to preserve and protect the NWRRDS project. 5.3. OPERATIONS AND MAINTENANCE WORK DUTIES. 5.3.1. The Operating Agent shall: 5.3.1.1. Once construction of the NWRRDS is complete and water deliveries commence, conduct all Operations and Maintenance Work in accordance with regulatory requirements, industry standards and the terms of this Agreement, subject to payment by the Parties. 5.3.1.2. Obtain all permits, licenses, approvals, contracts and insurance as required to perform and conduct all Operations and Maintenance Work. 5.3.1.3. Manage procurement and bids for the Operations and Maintenance Work in accordance with applicable law. 5.3.1.4. Provide administrative, technical, and ADEQ certified operational staff to the extent required to conduct operations of the NWRRDS. 5.3.1.5. Deliver each Party’s water as described in Exhibit B in accordance with the operating procedures for the operations of the NWRRDS. However, any Party may request a change for operational reasons subject to agreement by the Operating Agent; provided that such change does not adversely impact other Parties to this Agreement. The Operating Agent shall have no responsibility to operate or maintain booster pump(s) owned or operated separately by a Party, other than to allow access to the NWRRDS of the applicable Party’s water. 5.3.1.6. Provide cost and operational information to the NWRRDS Committee and/or any Party within ten (10) business days of a written request. 5.3.1.7. Conduct operations in accordance with all applicable federal, state and local regulatory requirements. Marana Regular Council Meeting 04/04/2017 Page 24 of 219 10 5.3.1.8. Provide each Party in a timely manner with water quality information to meet any ADEQ regulations and reporting in accordance with Section 13.2, and water accounting information to meet any required ADWR regulations and reporting in accordance with Section 12.8. 5.3.1.9. Prepare and revise necessary operating procedures for the operation of the NWRRDS. 5.3.2. The Operating Agent shall have the sole discretion in determining whether a curtailment or stoppage of water flows to the NWRRDS is required and/or made necessary by circumstances existing at any time (including, but not limited to, failure to meet primary drinking water quality standards, main breaks, and power outages). Operating Agent shall promptly notify each of the Parties of any curtailment or stoppage. Each Party will be responsible to provide the Operating Agent with up-to-date contact information for this notification. 6. NWRRDS COMMITTEE. 6.1. Upon the complete execution and recording of this Agreement, a committee will be formed known as the NWRRDS Committee. Each Party shall have one Authorized Representative to act as a member of the NWRRDS Committee. The Authorized Representatives of the Parties shall be as follows: A. MDWID: General Manager of MDWID B. Oro Valley: Director of Oro Valley Water Utility C. Marana: Director of Town of Marana Water Department Each Authorized Representative shall also designate an alternate (“Alternat e Representative”) to act in the absence of the Authorized Representative. In the event that a Party’s Authorized Representative and Alternate Representative cannot attend a meeting of the NWRRDS Committee, the Authorized Representative of the Party may provide in writing the Party’s proxy to another Party to this Agreement. 6.2. The chairman of the NWRRDS Committee shall be the Authorized Representative of the Operating Agent commencing on the Effective Date and continuing for three years after the In-Service Date. Thereafter, the position of chairman shall rotate on an annual basis in the order set forth above (i.e., Oro Valley, Marana, MDWID). The chairman shall be responsible for administrative functions of the meeting, but otherwise shall have the same rights and obligations of the other members of the NWRRDS Committee. 6.3. The NWRRDS Committee may, at its choosing, participate in the following: Marana Regular Council Meeting 04/04/2017 Page 25 of 219 11 6.3.1. Selection of the consultants for the Design and Construction Work. 6.3.2. Review of design prior to finalization for construction. 6.4. The Operating Agent shall provide for the time, place and manner in which the NWRRDS Committee will conduct its meetings. Prior to the In-Service Date, the NWRRDS Committee shall meet at least monthly unless otherwise agreed.. Following the In-Service Date, the NWRRDS Committee shall meet at least quarterly unless otherwise agreed by the NWRRDS Committee. Notwithstanding the foregoing, any Party may request a meeting of the NWRRDS Committee at any time. 6.5. Each Party shall give written notice to the other Parties of the name of its Alternate Representative within thirty (30) days after execution of this Agreement. Notice of any change of Authorized Representative or Alternate Representative shall be provided in writing to the other Parties in accordance with the notice provisions of this Agreement. 6.6. Unless otherwise specified in this Agreement, NWRRDS Committee decisions shall be by vote of the Parties; provided, that if a vote solely concerns a part of the NWRRDS for which a Party does not participate or contribute, the Party shall not be entitled to vote. Each Party to this Agreement shall have one vote. Decisions must be authorized by a majority of the Parties present at the time of the vote. Such majority shall be determined on the basis of the entire number of Parties and not by the number of Authorized Representatives (or Alternative Representatives) present at a particular meeting. In the case of a tie, there shall be no alteration to the status quo. 6.7. Among other items, the NWRRDS Committee shall be provided with the following information and will vote on: 6.7.1. The final design, specifications and bid documents for the construction of the NWRRDS. 6.7.2. Concurrence of the final bid for the construction of the NWRRDS prior to governing body of the Operating Agent awarding such work. 6.7.3. Annual Operations and Maintenance Costs for each Party calculated in accordance with Exhibit C. 6.7.4. Operating procedures prepared by Operating Agent (if any). 6.7.5. Other matters as set forth in this Agreement or as brought to the NWRRDS Committee by the Operating Agent. 6.8. Each year on or before January 1st, the Operating Agent shall provide the Parties with an annual operating plan with initial estimates of the Operations and Maintenance Costs for the following year and estimates of costs for the Marana Regular Council Meeting 04/04/2017 Page 26 of 219 12 Operations and Maintenance Work to be conducted during the following year. Within thirty (30) days of the submission of the plan, the NWRRDS Committee shall meet to vote on approval of the Operations and Maintenance Work set forth in the plan for the following year; provided, however, that no vote shall be required for Operations and Maintenance Work that must be completed in order to remain in compliance with any permits or other applicable laws, and the Operating Agent shall have the authority to take any such action that it reasonably determines is essential to maintaining compliance with such permit or law. 6.8.1. By March 31st (or other date determined by the NWRRDS Committee) of each year, the Operating Agent shall reconcile the Operations and Maintenance Costs for the prior calendar year and the NWRRDS Committee shall determine whether to refund any overpayment or bill the Parties for any underpayment. 6.9. The NWRRDS Committee will vote on any planned Operations and Maintenance Work exceeding a total of $50,000.00 in a calendar year that is not included in the annual Operations and Maintenance Work plan described in Section 6.8 above. 6.10. Notwithstanding the submission of information to the NWRRDS Committee and the right to vote in accordance with the sections of this Section 6 above, the Operating Agent shall retain sole responsibility and authority for decisions during the design and construction of the NWRRDS and operating and maintenance practices, including maintenance scheduling and the selection of periods when maintenance will be done. 6.11. Each year, the NWRRDS Committee shall estimate future deliveries for the next five (5) years. The Parties are not restricted to the deliveries in each 5-year plan, rather this conjunctive management activity will efficiently utilize NWRRDS capacity. 6.12. Notwithstanding the provisions of Section 6.6 regarding a majority vote, prior to the initial commencement of Design and Construction Work activities that would result in financial obligation by the Parties, the NWRRDS Committee shall vote on whether to commence such Design and Construction Work. This initial, one-time determination to commence Design and Construction Work activities that would result in a financial obligation by the Parties shall require a unanimous vote of the Parties. 6.13. The NWRRDS Committee shall have no authority to amend this Agreement and any amendment will require the approval of each of the governing bodies of the Parties. Marana Regular Council Meeting 04/04/2017 Page 27 of 219 13 7. DESIGN AND CONSTRUCTION COSTS 7.1. Design and Construction Costs shall consist of, but not be limited to, the following direct costs: 7.1.1. Costs of contracts entered into by the Operating Agent, for equipment, material, labor, services and studies performed in connection with Design and Construction Work. 7.1.2. Costs of structures and improvements, equipment, and temporary facilities for the NWRRDS. 7.1.3. Costs and expenses, including those of outside consultants and attorneys, incurred by the Operating Agent for acquiring construction and operating permits, design, certificates and licenses, for complying with environmental laws, rules and regulations, and the preparation of agreements relating to Design and Construction Work executed with entities other than the Parties hereto. 7.1.4. Costs of direct labor, materials, supplies, apparatus, initial spare parts, power, supporting information technology software, and water in connection with Design and Construction Work, including rental charges and specialty tools, machinery and equipment. 7.1.5. Costs of Construction Insurance. 7.1.6. Costs associated with any loss, damage or liability arising out of or caused by Design and Construction Work which are not satisfied by Construction Insurance. 7.1.7. All federal, state or local taxes of any character imposed upon Design and Construction Work. 7.1.8. Costs of work, services or expenses of Parties incurred in the performance of Design and Construction Work if requested, authorized or approved by the Operating Agent. 7.1.9. Costs of relocating existing facilities necessitated by Design and Construction Work. 7.1.10.Costs and expenses of enforcing or attempting to enforce the provisions of Construction Insurance policies, payment and performance bonds, contracts executed by Operating Agent and warranties applicable to the NWRRDS. 7.1.11. Costs and expenses associated with claims made by consultants or contractors. Marana Regular Council Meeting 04/04/2017 Page 28 of 219 14 7.2. Design and Construction Costs shall also include the following indirect costs incurred by the Operating Agent in performance of Design and Construction Work: fringe benefit costs for labor and additional equipment costs. An administrative fee will be calculated and applied to each invoice to allow the Operating Agent to recover the cost of preparing and splitting invoices, sending out monthly statements, and collecting payments for the total Design and Construction Costs. 8. OPERATIONS AND MAINTENANCE COSTS: 8.1. Except as set forth in Sections 8.3 and 8.4 below, to address Operations and Maintenance Costs, each Party will pay to MDWID a total usage rate (which may include a power charge if applicable to that Party) for each unit of water delivered from the Party’s Source to the Party’s Point of Entry. The total usage rate (which may include a power charge if applicable to that Party) will be calculated annually using the agreed-upon methodology as set forth in Exhibit C. 8.2. The Operating Agent shall provide, beginning with the year of the In-Service Date, the annual Operations and Maintenance Costs no later than January 1st of each year for the subsequent fiscal year; provided, however, that a pro-rated amount will be provided for the first partial year and the estimated amount will be provided within seventy-five (75) days of the In-Service Date. 8.3. For any Operations and Maintenance Costs approved in advance by the NWRRDS Committee for the subsequent fiscal year in accordance with Section 6.8, the Parties shall pay for such amounts directly in accordance with their allocation percentages as set forth in Exhibit B (provided that the work is for a portion of the NWRRDS utilized by a Party). 8.4. For any emergency/urgent Operations and Maintenance Costs on the NWRRDS in excess of $250,000, the Parties shall pay Operating Agent as described in Section 9.3. 8.5. The Operating Agent will be responsible for reading meters monthly, keeping a record of actual deliveries to each Party and reconciling the delivered quantity of water to the requested annual delivery by the individual Parties at the end of each calendar year. All associated costs for reading, testing, and replacement of the meters will be incorporated into the annual calculation of operation and maintenance costs. The initial base usage rate is set forth in Exhibit C. Marana Regular Council Meeting 04/04/2017 Page 29 of 219 15 9. PAYMENT: 9.1. Design and Construction Costs 9.1.1. Each Party shall pay its share of the Design and Construction Costs on the basis set forth in Exhibit B. 9.1.2. Within thirty (30) days of the Effective Date of this Agreement, each Party (other than MDWID) shall establish an escrow capital account (each, an “Escrow Capital Account”) to address payment of each Party’s share of the Design and Construction Costs. MDWID shall be a signatory on each Escrow Capital Account with authority to withdraw funds at its discretion. During design, each Escrow Capital Account shall maintain a balance sufficient to cover each P arty’s share of the design costs. 9.1.3. At least thirty (30) days prior to the commencement of a new construction or expansion phase for which a budget is provided and approved as set forth in Section 5.2.1.10, each Party shall establish a balance in its Escrow Capital Account at least equal to its estimated share of the Design and Construction Costs for the next construction or expansion phase and also sufficient to pay for all administrative fees of the Operating Agent for processing invoices and payments. 9.1.4. The Operating Agent shall pay Design and Construction Costs as they become due and shall draw from each Party's Escrow Capital Account funds to reimburse the Operating Agent for the Party's share of the Design and Construction Costs and Operating Agent’s administrative fees. 9.1.5. The Operating Agent shall provide a monthly statement to each Party specifying expenditures for the prior month for that Party, and the distribution of these expenditures to each participating Party. 9.1.6. If a Party ’s Escrow Capital Account balance is insufficient to reimburse the Operating Agent for that Party's appropriate share of the Design and Construction Costs, the Operating Agent shall, in writing, notify the Party, and the Party shall, within three (3) calendar days, directly reimburse the Operating Agent any amount paid by the Operating Agent that exceeded the available funds in that Party's Escrow Capital Account. Amounts that are Marana Regular Council Meeting 04/04/2017 Page 30 of 219 16 owed shall accrue interest at the statutory interest rate set forth in A.R.S. § 44-1201. 9.1.7. Each Party shall pay one-third of the cost of software, software maintenance and support, staff time for accounts payable processing, accounts receivable invoicing, project accounting, tracking and recording, payment withdrawals, reporting, and ACH or Wire transfer. 9.2. Operations and Maintenance Costs. 9.2.1. Except for items set forth in Section 8.3 and 8.4, which shall be due and payable as described in those sections and below, Operating Agent shall bill Parties monthly in advance based upon the Parties ’ agreed upon delivery orders for the year divided by 12 months for Operations and Maintenance costs as described in Section 8. Payments shall be due thirty (30) days from the date of the invoice. Should there be variations between the annual delivery order and actual deliveries to a Party for any reason other than system interruption, the Party will pay for their agreed upon unit cost. If there is a variation between the annual delivery order and actual deliveries due to system interruption, the amount the Party shall pay for the annual delivery order will be reduced to the amount actually delivered. Adjustments for actual expenses incurred for each year shall be reflected in a subsequent invoice submitted after the final annual delivery. 9.2.2. Parties shall pay such costs to the Operating Agent within thirty (30) days of the date of invoice. Disputed or undisputed invoices which are not paid when due shall thereafter bear an interest charge at the statutory interest rate set forth in A.R.S. § 44-1201. Any payment received shall first be applied to any interest charges owed and then to any amounts owed. 9.2.3. In the event any portion of any invoice is disputed, the disputed amount shall be paid under protest when due and, if payment is so made, shall be accompanied by a written statement indicating the basis for the protest. If the Parties cannot resolve the dispute, any Party to the dispute may submit the dispute to resolution pursuant to Section 17. 9.2.4. If any amounts due for Operations and Maintenance Costs are not paid within 60 days of the date of invoice, Operating Agent may interrupt access of the defaulting Party’s water to the NWRRDS until the payment is made. 9.3. For projects subject to Section 8.4 above, within thirty (30) days of a request by Operating Agent, each Party shall establish a balance in its Escrow Capital Account at least equal to its estimated share of the project subject to Section 8.4 and also a sufficient amount to pay for all administrative fees of the Operating Agent for processing invoices and payments. Marana Regular Council Meeting 04/04/2017 Page 31 of 219 17 9.4. Each Party shall be responsible for its own debt financing and debt service in relation to payments for its Allocated Capacity and other obligations under this Agreement. This Agreement will serve as the basis for each Party’s ability to acquire financing in accordance with its contractual rights to capacity in the NWRRDS. 10. TRANSPORTATION OF WATER: 10.1. Each Party will have the authority to transport water in the volumes set forth in Exhibit B through the NWRRDS from that Party’s Source to that Party’s Point of Entry. 10.2. In consideration for the right to transport water as described in this Section 10 and the other considerations specified in this Agreement, each Party shall pay to MDWID the amounts described in Exhibit C and Sections 8 and 9. 11. DELIVERY; REDUCTION IN CAPACITY 11.1. Parties shall schedule delivery of water, under a baseload scenario and without peaking, to the NWRRDS with the Operating Agent prior to November 1 of each calendar year and in accordance with operating procedures to be established by the Operating Agent. 11.2. If the Operating Capacity of the NWRRDS is reduced for any reason, and the reduced capacity is insufficient to accommodate all of the needs of the Parties, then the reduced Operating Capacity will be reapportioned to the affected Parties based on the percentage of each Party’s Allocated Capacity. 12. WATER MEASUREMENT, ACCOUNTING AND REPORTING: 12.1. The Operating Agent shall base its accounting for water delivered to the NWRRDS on actual measurements, subject to Sections 12.4 and 12.5 below. 12.2. The Operating Agent shall install and maintain a flow measurement system at each Party’s Point of Entry. 12.3. All wells will be metered in accordance with ADWR requirements. 12.4. The Operating Agent shall determine system losses in the NWRRDS. Losses in the NWRRDS shall be calculated using generally accepted engineering practices. 12.5. If the flow measurement system becomes unusable for any reason, the Operating Agent will base its calculations of water entering the NWRRDS on the amount of water for delivery to the NWRRDS determined to be included in water measurements at other measuring points upstream of the NWRRDS during the period the NWRRDS flow measurement system was not usable. Marana will deliver water production measurements to the Operating Agent pursuant to a separate agreement. Marana Regular Council Meeting 04/04/2017 Page 32 of 219 18 12.6. The Operating Agent shall prepare a monthly water accounting report of water for each Party. The report shall include the daily amount of water received at the Party’s Source(s) and the losses calculated as described in this Section. 12.7. The water accounting reports prepared pursuant to this Section shall be retained by the Operating Agent for at least three (3) years and be made available for Parties’ inspection at least quarterly. 12.8. Each Party will be provided all ADWR water accounting information prior to February 28 th of each year for the previous calendar year. 13. WATER QUALITY: 13.1. The Operating Agent will be responsible for compliance with all water quality regulations for the water delivered from the NWRRDS to each Party’s designated Point of Entry. 13.2. The well owner will notify each Party’s Operator in Direct Responsible Charge (Operator of Record) within 24 hours of any exceedance of a water quality standard at any of the wells delivering water to the NWRRDS. 13.3. Each Party waives any claim on its own behalf against the other Parties for water quality degradation arising from commingling of water. In no event shall the Operating Agent be liable for water quality degradation resulting from the transmission of water or other use of the NWRRDS. 13.4. All Parties will work together to address contaminants of emerging concern, and if a new regulation results in the NWRRDS water no longer meeting primary drinking water quality standards, the Parties will work in good faith to arrive at a solution to meet primary drinking water standards. If new treatment processes are required, the Parties will be responsible for paying proportional costs associated with the construction, operation, and maintenance of the treatment facility. 14. AUTHORIZATIONS AND APPROVALS: 14.1. Each Party shall be responsible for obtaining, at its own expense, any authorizations and approvals required for its participation in the construction, reconstruction, operation, maintenance or use of the NWRRDS or its performance under this Agreement, and each Party shall keep the Operating Agent and Parties informed of its applications therefor and authorizations issued in connection therewith. 14.2. A Party’s failure to make sufficient appropriations to contribute i ts share of costs in accordance with this agreement will be treated as a notice of termination by that Party. Marana Regular Council Meeting 04/04/2017 Page 33 of 219 19 15. INSURANCE: 15.1. Unless otherwise specified by the NWRRDS Committee pursuant to Section 15.2, the Operating Agent shall require any party performing Design and Construction Work or Operations and Maintenance Work to procure and maintain in force during the performance of Design and Construction Work or Operations and Maintenance Work, as applicable, all required Construction Insurance or Operating Insurance as set forth in Exhibit D and Exhibit E, respectively. Any required general liability policy required hereunder shall name the Parties as additional insureds. Proof of insurance satisfactory to the Operating Agent shall be submitted to the Operating Agent before any Design and Construction Work or Operations and Maintenance Work commences. 15.2. The NWRRDS Committee may, at any time, increase the policy limits and/or determine appropriate deductibles or retentions. Action by the NWRRDS Committee shall be by vote in accordance with Section 5. In the event the NWRRDS Committee is unable to agree upon any insurance matters, the Operating Agent, pending the resolution of such disagreement, may procure or cause to be procured, such policies of insurance as in its best judgment are necessary and required to protect the Parties. 15.3. MDWID, as the owner of the NWRRDS, shall include each Party as an additional insured on MDWID’s Risk Management insurance policy during the term of this Agreement. 16. LIABILITY: 16.1. Except as provided in this Section 16 and subject to any right of indemnification provided in this Agreement, the costs of discharging all Third Party Liability imposed upon one or more of the Parties, for which payment is not made by Construction Insurance, Operating Insurance, or other applicable insurance required by this Agreement, shall be allocated among the Parties pursuant to the allocations set forth in Exhibit B. 16.2. Any Party leasing or otherwise conveying an interest in its Allocated Capacity pursuant to Section 4.3 shall indemnify and hold harmless any Party not a party to the lease or other conveyance against any loss the non-contracting Party incurs as a result of complying with this Agreement in a manner that contradicts or conflicts with such lease or other conveyance. 16.3. Any Party leasing or otherwise conveying an interest in its Allocated Capacity shall: 16.3.1. Remain liable for any and all obligations under this Agreement. 16.3.2. Indemnify and hold harmless all other Parties for losses resulting from actions or inactions of the party to which the Allocated Capacity is leased or otherwise conveyed. Marana Regular Council Meeting 04/04/2017 Page 34 of 219 20 16.3.3. Only request delivery to the Party’s established delivery point or to a location that is within the infrastructure that the Party participated on the cost-share. 16.4. The Operating Agent, in its reasonable discretion as described in Section 5.3.2., may curtail or stop water flows through the NWRRDS at any time and shall not be liable to any Party or lessee or any other third party for claims or damage resulting from its decision to curtail or stop water flows through the NWRRDS. 16.5. The Operating Agent shall not be responsible for or required to replace water lost, misdirected or otherwise failing to reach a Party’s Point of Entry. Each Party shall share in any deficiency resulting from such lost or misdirected water in proportion to the amount of each Party’s Allocated Capacity at the time the deficiency accrued. 16.6. In the event any third party institutes an action against any Party(s) for claims arising from the activities undertaken pursuant to this Agreement, the Parties named in the action shall meet to determine the procurement of legal counsel and the steps to take to defend against the action. 16.7. Any party withdrawing from this Agreement is responsible for financial impacts and damages attributable to its own conduct and actions even after the Party withdraws from the Agreement. 17. GOVERNING LAW; DISPUTES: 17.1. This Agreement shall be governed by the laws of the State of Arizona. 17.2. Any Party that brings a lawsuit against another Party or Parties for a dispute arising under this Agreement and that does not prevail, shall pay all fees and courts costs, including attorneys' fees, incurred by the other Party or Parties (as applicable) to this Agreement in that lawsuit. 18. ACTIONS PENDING RESOLUTION OF DISPUTES: 18.1. Pending the resolution of a dispute pursuant to Section 17, the Operating Agent shall proceed with Design and Construction Work and/or Operations and Maintenance Work in a manner consistent with this Agreement and generally accepted accounting and engineering practices, and all Parties shall make the payments required to perform such Design and Construction Work and/or Operations and Maintenance Work in accordance with this Agreement. Amounts paid by the Parties pursuant to this Section 18 during the pendency of such dispute shall not be subject to refund except upon a final determination that the expenditures were not made in a manner consistent with this Agreement and generally accepted accounting and engineering practice. Marana Regular Council Meeting 04/04/2017 Page 35 of 219 21 19. FORCE MAJEURE EVENT 19.1. No Party shall be considered in default in the performance of any of its obligations under this Agreement (other than obligations of said Party to pay costs and expenses) when a failure of performance is due to a Force Majeure Event. 19.2. Any Party rendered unable to fulfill any of its obligations under this Agreement by reason of a Force Majeure Event shall give prompt written notice of such fact to the other Parties and shall exercise due diligence to overcome such Force Majeure Event. 20. BINDING OBLIGATIONS: 20.1. Except as described in Section 4.3, this Agreement may not be assigned or transferred by a Party, in whole or in part, without the prior consent of the other Parties. All of the obligations set forth in this Agreement shall bind the Parties and their successors and permitted assigns, and such obligations and all rights under this Agreement shall run with the Parties’ interests in the NWRRDS. 21. NOTICES: 21.1. Except as set forth in Section 21.2, any notice, demand or request provided for in this Agreement shall be in writing and shall be deemed properly served, given or made if delivered in person or sent by registered or certified mail, postage prepaid, to the persons specified below: Town of Oro Valley Water Utility: 11000 N. La Canada Dr. Oro Valley, AZ 85737 Attn: Director of Oro Valley Water Utility Town of Marana: Office of the Town Clerk 11555 W. Civic Center Dr. Marana, AZ 85653 Attn: Director of Town of Marana Water Department Metropolitan Domestic Water Improvement District: 6265 N La Canada Drive Tucson Arizona, 85740 Marana Regular Council Meeting 04/04/2017 Page 36 of 219 22 Attn: General Manager 21.2. Informal communications of a routine nature involving NWRRDS Committee matters shall be made in such manner as the NWRRDS Committee shall arrange. 21.3. Any Party may, at any time, by notice to all other Parties, designate different or additional persons or different addresses for the giving of notices hereunder. 22. RELATIONSHIPS OF PARTIES: 22.1. Nothing herein contained shall be construed to create an association, joint venture, trust, or partnership among the Parties. Each Party shall be individually responsible for its own covenants, obligations and liabilities under this Agreement. 22.2. All rights of the Parties are several, not joint. No Party shall be under the control or direction of or shall be deemed to control another Party. Except as expressly provided in this Agreement, no Party shall have the right or power to bind another Party without its express written consent. 23. THIRD PARTY BENEFICIARIES: 23.1. This Agreement shall not be construed to create rights in, or to grant remedies to, any third party as a beneficiary of this Agreement or of any duty, obligation or undertaking established herein. 24. WAIVER: 24.1. The waiver by any Party hereto of any breach of any term, covenant or condition herein contained shall not be deemed a waiver of any other term, covenant or condition or any subsequent breach of the same or any other term, covenant or condition herein contained. 25. HEADINGS: 25.1. Title and paragraph headings herein are for reference only and are not part of this Agreement. 26. ENTIRE AGREEMENT: 26.1. The terms, covenants and conditions of this Agreement constitute the entire Agreement among the Parties and no understandings or agreements not herein expressly set forth shall be binding upon them. This Agreement may not be modified or amended in any manner unless in writing and signed by all of the Parties. Marana Regular Council Meeting 04/04/2017 Page 37 of 219 23 TOWN OF MARANA TOWN OF ORO VALLEY Ed Honea, Mayor Dr. Satish Hiremath, Mayor Date:Date: ATTEST ATTEST Town Clerk Michael Standish, Town Clerk Date:Date: METROPOLITIAN DOMESTIC WATER IMPROVEMENT DISTRICT _____________________________ Judy Scrivener, Chair of the Board Date: ATTEST ______________________________ Clerk of the Board INTERGOVERNMENTAL AGREEMENT DETERMINATION Marana Regular Council Meeting 04/04/2017 Page 38 of 219 24 The foregoing intergovernmental agreement among the METROPOLITAN DOMESTIC WATER IMPROVEMENT DISTRICT,the TOWN OF M ARANA , and the TOWN OF ORO VALLEY has been reviewed pursuant to A.R.S. § 11-952 by the undersigned, who have determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to the Party to this intergovernmental agreement represented by the undersigned. METROPOLITAN DOMESTIC WATER IMPROVEMENT DISTRICT: John Hinderaker Legal Counsel Date: ________________ TOWN OF MARANA: Frank Cassidy Town Attorney Date: _______________ TOWN OF ORO VALLEY: Tobin Sidles Oro Valley Legal Services Director Date: ________________ Marana Regular Council Meeting 04/04/2017 Page 39 of 219 25 EXHIBIT A [MAPS OF SYSTEM] System Overview Marana Regular Council Meeting 04/04/2017 Page 40 of 219 26 Marana Regular Council Meeting 04/04/2017 Page 41 of 219 27 EXHIBIT A [MAPS OF SYSTEM] Preliminary Concept Site Layout Marana Regular Council Meeting 04/04/2017 Page 42 of 219 28 EXHIBIT B [ALLOCATED CAPACITY] Entity Allocated Capacity (Acre-Feet per Year) Allocated Capacity (Percentage of Total) MDWID 4,000 38.46% Oro Valley 4,000 38.46% Marana 2,400 23.08% Total 10,400 100% Marana Regular Council Meeting 04/04/2017 Page 43 of 219 29 EXHIBIT C [SYSTEM AND DELIVERY CHARGES] The unit delivery cost for delivery of recovered CAP water through the NWRRDS is estimated based on the 50-Year Operation, Maintenance, and Life Cycle Costs study (WestLand Resources, Inc., 2016). Year 2025 NWRRDS Summary of Costs and Rates Description Average Annual Oro Valley & MDWID $/AF Oro Valley & MDWID Average Annual Marana $/AF Marana Estimated Fixed Maintenance Costs $316,000 $295,000 Taxes (assumed at 4%)$12,640 $11,800 Total $328,640 $306,800 Allocation (AF)10,400 10,400 C.1 Base Usage Rate $31.60 $29.50 C.2 Estimated Power Rate $88.88 $0 C.3 Estimated Chemical Rate $13.17 $13.17 Total Usage Rate $133.65 $42.67 C.1. Each Party will pay the Operating Agent a base rate for each unit of CAP water allocated to each Party, currently estimated at $31.60 per acre-foot (Oro Valley and MDWID) and $29.50 per acre-foot (Marana). This rate is established for base load capacity using the fixed annual maintenance costs as identified in the WestLand study, excluding electrical, chemical, and replacement costs (Oro Valley and MDWID) and excluding electrical, well maintenance, chemical, and replacement costs (Marana), divided by the total allocated capacity of 10,400 acre-feet per year. C.2. Each Party (excluding Marana) will pay the Operating Agent a power charge for each acre-foot of CAP water delivered to the Point of Entry for each Party. The current power charge is estimated at $88.88 per acre-foot, and is included as a component of the total usage rate. The cost of energy supply is based upon the current rate agreement between TRICO Electric Cooperative, Inc. and MDWID divided by 8,000 acre-feet of allocated capacity per year. Power costs will be calculated a nnually. C.3. Each party will pay the Operating Agent a chemical charge for each acre-foot of CAP water delivered to the Point of Entry for each Party. The current chemical charge is estimated at $13.17 per acre-foot, and is included as a component of the total usage rate. The cost of chemicals is estimated using the estimated annual cost of chemicals divided by the total allocated capacity of 10,400 acre-feet per year. Chemical costs w ill be calculated a nnually. The Operating Agent will be responsible for reading the meter and billing the Parties for water delivered. Payments due will be invoiced monthly by the Operating Agent. The methodology outlined in this Exhibit C will serve as the mechanism by which costs will be determined. Estimated annual costs w ill be updated in accordance with this Agreement. Marana Regular Council Meeting 04/04/2017 Page 44 of 219 30 EXHIBIT D [CONSTRUCTION INSURANCE REQUIREMENTS] D.1. General Terms. CONTRACTOR shall not commence work under the Construction Agreement until CONTRACTOR (i) has obtained at its expense all insurance required and (ii) has given Operating Agent a Certificate of Liability Insurance evidencing the type, amount, coverage, effective dates and dates of expiration of the required policies and identifying Parties as additional insureds, loss payees and certificate holders, as applicable. The insurance policies shall be issued by an insurance company acceptable to the Operating Agent and lawfully authorized to do business in the State of Arizona. All insurance policies required, other than Worker’s Compensation and Employer’s Liability, shall name all Parties as additional insureds and loss payees, as applicable, on a primary, non-contributory basis, irrespective of any such insurance that all Parties might carry on its their own behalf. All insurance policies required shall provide that the policies will not be subject to cancellation, termination or modification except after thirty (30) days prior written notice to the Operating Agent and shall provide for waiver of subrogation against all Parties. Such required coverage shall remain in effect until the later of (i) final payment for the work under the Construction Agreement or (ii) termination of the Construction Agreement. D.2. Coverage. The CONTRACTOR shall purchase and maintain the following coverage during the term of the Construction Agreement: D.2.1. Commercial General Liability for claims of damage for bodily injury, accidental death, property damage, premises/operations (including fire, theft, vandalism, falsework, temporary buildings and debris removal), explosion/collapse, independent contractors, products/completed operations, contractual liability, personal injury and advertising liability and underground special hazards (including (i) injury to or destruction of wire, conduits, gas, water and petroleum pipes, electric, telephone, telegraph and signal cables, sewers, drains or any apparatus in connection therewith or any other matter, below the surface of the ground, arising from and during the use of mechanical equipment for the purpose of excavating or drilling or boring in streets or highways or otherwise; or injury to or destruction of property at any time resulting therefrom and (ii) liability arising out of collapse of or structural injury to any building, street or structure due to excavation, tunneling, pile driving, or coffeework, or moving, shoring, underpinning, raising or demolition of any building or structure or removal or rebuilding of any structural support thereof), on an occurrence basis with limits of liability not less than the following: General Aggregate $2,000,000 Each Occurrence $1,000,000 Fire Damage (any one fire)$50,000 Medical Expenses (any one person)$5,000 D.2.1.1. Automobile Liability for any Auto, Combined Single Limit (per occurrence) with $2,000,000 limits; D.2.1.2. Worker’s Compensation and Employer’s Liability at the current Arizona statutory minimums; D.2.1.3. Excess or Umbrella Liability Insurance. In the event CONTRACTOR does not have coverage with the above minimum limits, CONTRACTOR may obtain such coverage through an Excess or Umbrella Liability Policy. Marana Regular Council Meeting 04/04/2017 Page 45 of 219 31 EXHIBIT E [OPERATING INSURANCE REQUIREMENTS] E.1. General Terms. At all times during the Term, the Operating Agent shall obtain and maintain, or cause to be obtained and maintained, Operating Insurance and shall pay all premiums with respect thereto as the same become due and payable. The Operating Insurance shall be provided and remain in effect for the Operation Period in annually (or other) renewable periods. E.2. Insurance Coverage. The Operating Agent shall obtain, pay for and maintain the insurance coverage listed below with respect to the performance of the Operation Services without any reimbursement obligation on the part of the Parties. The cost of the Operating Insurance is included in the base usage rate. E.2.1. Commercial General Liability for claims of damage for bodily injury, accidental death, property damage, premises/operations (including fire, theft, vandalism, falsework, temporary buildings and debris removal), explosion/collapse, independent contractors, products/completed operations, contractual liability, personal injury and advertising liability and underground special hazards (including (i) injury to or destruction of wire, conduits, gas, water and petroleum pipes, electric, telephone, telegraph and signal cables, sewers, drains or any apparatus in connection therewith or any other matter, below the surface of the ground, arising from and during the use of mechanical equipment for the purpose of excavating or drilling or boring in streets or highways or otherwise; or injury to or destruction of property at any time resulting therefrom and (ii) liability arising out of collapse of or structural injury to any building, street or structure due to excavation, tunneling, pile driving, or coffeework, or moving, shoring, underpinning, raising or demolition of any building or structure or removal or rebuilding of any structural support thereof), on an occurrence basis with limits of liability not less than the following: General Aggregate $2,000,000 Each Occurrence $1,000,000 Fire Damage (any one fire)$50,000 Medical Expenses (any one person) $5,000 E.2.2. Automobile Liability for any Auto, Combined Single Limit (per occurrence) with $2,000,000 limits; E.2.3. Worker’s Compensation and Employer’s Liability at the current Arizona statutory minimums; E.2.4. Excess or Umbrella Liability Insurance. In the event Operating Agent does not have coverage with the above minimum limits, Operating Agent may obtain such coverage through an Excess or Umbrella Liability Policy. E.2.5. Operating Agent-owned Equipment Insurance. Operating Agent-owned miscellaneous tools and equipment insurance covering physical damage to Marana Regular Council Meeting 04/04/2017 Page 46 of 219 32 owned, leased, rented, or borrowed equipment on the jobsite, including rental charges. E.3. Additional Insureds. The Operating Agent shall name the Parties and their officers, officials, and employees, as additional insureds (the "Additional Insureds") on all policies required under Appendix E (other than with respect to the required workers' compensation and employer's liability coverage and Operating Agent-owned equipment insurance). The Operating Agent shall waive the subrogation rights of its various insurance carriers in favor of the Parties for all policies required under Section E.2 of this Appendix E. E.4. Insurance Certificates. Insurance, and any renewal thereof, shall be evidenced by certificates of insurance issued or countersigned by a duly authorized representative of the issuer and delivered to the Operating Agent in accordance with Section 15 (Insurance) of this Agreement. The certificates of insurance shall provide for 60 days' written notice to the Operating Agent of cancellation, non-renewal or reduction in limits by the insurance company, except that 10 days' notice shall be provided in the event of nonpayment of premium. E.5. Non-Recourse Provision. All insurance policies shall provide that the insurers shall have no recourse against the Additional Insureds for payment of any premium or assessment and shall contain a severability of interest provision in regard to the P arties’ liability policies. E.6. Deductibles and Self Insurance Retentions. Any of the policies of Operating Insurance may provide that the amount payable in the event of any loss shall be reduced by a deductible amount to be paid by the Operating Agent, which shall not exceed $100,000 unless otherwise approved in writing by the Operating Agent. Alternatively, any of the policies of Operating Insurance may provide for a self-insured retention by the Operating Agent in an amount not to exceed $100,000 unless otherwise approved in writing by the Operating Agent. The Operating Agent shall be a co-insurer to the extent of the amount deducted from the insurance monies paid in the event of any loss, or the amount of any self-insured retention, and such deductible or self-insured retention amount shall be included as part of the insurance payment(s). Such deductibles and self- insured retentions shall be in accordance with those that are commercially available. The cost of the applied deductible or retention shall be paid by the Parties. E.7. Specific Provisions for Commercial General Liability Insurance. Commercial general liability insurance, as required under subsection E.1.1 of this Appendix E, shall include premises-operations, blanket contractual, products, completed operations, personal injury and advertising injury, explosion, collapse, underground hazards, broad form property damage including completed operations, and independent contractors coverages. E.8. Specific Provisions for Workers' Compensation Coverage. Workers' compensation insurance shall be in accordance with the requirements of the laws of the State of Arizona, as amended from time to time. The required workers' compensation insurance shall include other states' coverage, voluntary compensation coverage, and federal longshoreman and harbor workers coverage. Marana Regular Council Meeting 04/04/2017 Page 47 of 219 33 E.9. Changes in Insurance Coverage. The Operating Agent shall use its best efforts to obtain such additional insurance as the Parties may request from time to time, and the costs of such additional insurance shall be a pass through cost to the Parties. E.10. Qualifications of Insurers. The Operating Agent is required to obtain the insurance set forth herein with insurance companies that carry a Best's "A-VII" or equivalent rating. In addition, insurance may not be obtained or maintained with insurers that are prohibited from conducting business in the State of Arizona. Marana Regular Council Meeting 04/04/2017 Page 48 of 219 Marana Regular Council Meeting 04/04/2017 Page 49 of 219 Marana Regular Council Meeting 04/04/2017 Page 50 of 219 00051575.DOCX /1 Marana Resolution No. 2017-024 RESOLUTION NO. 2017-024 RELATING TO PARKS AND RECREATION; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF MARANA AND PIMA COUNTY COMMUNITY COLLEGE DISTRICT FOR THE DELIVERY OF ADULT AND YOUTH PROGRAMMING AT DESIGNATED TOWN FACILITIES WHEREAS the Town of Marana and Pima County Community College District (“College”) have negotiated an intergovernmental agreement to provide adult and youth programming at designated Town facilities; and WHEREAS the Town and the College may contract for services and enter into agreements with one another for joint and cooperative action pursuant to A.R.S. § 11-951, et seq.; and WHEREAS the Mayor and Council of the Town of Marana find that this resolution is in the best interests of the Town of Marana and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the Intergovernmental Agreement between the Town of Marana and Pima County Community College District for the delivery of adult and youth progra mming at designated Town facilities, attached to this resolution as Exhibit A, is hereby approved, and the Mayor is authorized to execute it for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that the Town Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, conditions and objectives of the intergovernmental agreement. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 4th day of April, 2017. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Regular Council Meeting 04/04/2017 Page 51 of 219 Marana Regular Council Meeting 04/04/2017 Page 52 of 219 Marana Regular Council Meeting 04/04/2017 Page 53 of 219 Marana Regular Council Meeting 04/04/2017 Page 54 of 219 Marana Resolution No. 2017-025 MARANA RESOLUTION NO. 2017-025 RELATING TO DEVELOPMENT; APPROVING A PRELIMINARY PLAT FOR CAMINO DE OESTE LOTS 1-144 AND COMMON AREAS "A" AND "B" LOCATED A QUARTER MILE NORTH OF CORTARO FARMS ROAD, BORDERED BY HARTMAN LANE AND CAMINO DE OESTE WHEREAS, on August 2, 2016, the Mayor and Town Council adopted Ordinance No. 2016.014, approving a rezoning of the site from "C" to "R-6"; and WHEREAS, EPS Group, Inc., on behalf of the owners, has applied for approval of a final plat for Camino de Oeste Lots 1-144 and Common Areas "A" and "B", located a quarter mile north of Cortaro Farms Road, bordered by Hartman Lane and Camino de Oeste within Section 25, Township 12 South, Range 12 East; and WHEREAS, the Mayor and Town Council at the regularly scheduled meeting on April 4, 2017 determined that the final plat for Camino de Oeste Lots 1-144, and Common Areas "A" and "B", should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the final plat for Camino de Oeste, Lots 1-144 and Common Areas "A" and "B", is hereby approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 4th day of April, 2017. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Regular Council Meeting 04/04/2017 Page 55 of 219 Marana Regular Council Meeting 04/04/2017Page 56 of 219 Marana Regular Council Meeting 04/04/2017Page 57 of 219 Avenida Tierra AltaBig Ben LaneHartman LaneAvenid Sheet No.of 915-31703/23/17REF: PCZ1602-001, PRV1608-001PRV1612-001w w w . e p s g r o u p i n c . c o mT:520.408.1400 F:520.408.1403|Tucson, AZ 85742Being a portion of the North 12 of the Northwest 14 of Section 25,T12S, R12E, G&SRMTown of Marana, Pima County, ArizonaFinal Plat forCamino De OesteLots 1 - 144and Common Areas "A" (Open Space) & "B" (Natural Undisturbed Open Space)SEQUENCE NUMBERSIRDNZOAUSON RICHARD B.HOWELL JR.INAD A E SGIT ERGEIDETSTRECERDNLIFACETAY AROEVRU EXPIRES 3/31/2018SEQUENCE NUMBERFP033SEE SHEET 6SEE S H E E T 4SCALE FEETHORIZONTAL: 1"=40'40 40 800CONTOUR INTERVAL: 1'SEE S H E E T 4 SEE SHEET 6KEYNOTES:SIGHT VISIBILITY EASEMENTSIGHT VISIBILITY EASEMENTMarana Regular Council Meeting 04/04/2017Page 58 of 219 Big Be n L a n eToronto Highlands LanePaseo Rancho AceroPaytons CourtSheet No.of 915-31703/23/17REF: PCZ1602-001, PRV1608-001PRV1612-001w w w . e p s g r o u p i n c . c o mT:520.408.1400 F:520.408.1403|Tucson, AZ 85742Being a portion of the North 12 of the Northwest 14 of Section 25,T12S, R12E, G&SRMTown of Marana, Pima County, ArizonaFinal Plat forCamino De OesteLots 1 - 144and Common Areas "A" (Open Space) & "B" (Natural Undisturbed Open Space)SEQUENCE NUMBERSIRDNZOAUSON RICHARD B.HOWELL JR.INAD A E SGIT ERGEIDETSTRECERDNLIFACETAY AROEVRU EXPIRES 3/31/2018SEQUENCE NUMBERFP044SCALE FEETHORIZONTAL: 1"=40'40 40 800CONTOUR INTERVAL: 1'SEE S H E E T 3 SEE S H E E T 3 SEE SHEET 6SEE SHEET 7SEE S H E E T 7SEE SHEET 7SEE SHEET 5SEE SHEET 5KEYNOTES:SIGHT VISIBILITY EASEMENTSIGHT VISIBILITY EASEMENTMarana Regular Council Meeting 04/04/2017Page 59 of 219 Paseo Rancho AceroCamino De OesteHardy RdCandleberry WySheet No.of 915-31703/23/17REF: PCZ1602-001, PRV1608-001PRV1612-001w w w . e p s g r o u p i n c . c o mT:520.408.1400 F:520.408.1403|Tucson, AZ 85742Being a portion of the North 12 of the Northwest 14 of Section 25,T12S, R12E, G&SRMTown of Marana, Pima County, ArizonaFinal Plat forCamino De OesteLots 1 - 144and Common Areas "A" (Open Space) & "B" (Natural Undisturbed Open Space)SEQUENCE NUMBERSIRDNZOAUSON RICHARD B.HOWELL JR.INAD A E SGIT ERGEIDETSTRECERDNLIFACETAY AROEVRU EXPIRES 3/31/2018SEQUENCE NUMBERFP055SCALE FEETHORIZONTAL: 1"=40'40 40 800CONTOUR INTERVAL: 1'SEE SHEET 8SEE SHEET 4SEE SHEET 8SEE SHEET 4KEYNOTES:Marana Regular Council Meeting 04/04/2017Page 60 of 219 Avenida Tierra Alta Archer AvenueHartman LaneSheet No.of 915-31703/23/17REF: PCZ1602-001, PRV1608-001PRV1612-001w w w . e p s g r o u p i n c . c o mT:520.408.1400 F:520.408.1403|Tucson, AZ 85742Being a portion of the North 12 of the Northwest 14 of Section 25,T12S, R12E, G&SRMTown of Marana, Pima County, ArizonaFinal Plat forCamino De OesteLots 1 - 144and Common Areas "A" (Open Space) & "B" (Natural Undisturbed Open Space)SEQUENCE NUMBERSIRDNZOAUSON RICHARD B.HOWELL JR.INAD A E SGIT ERGEIDETSTRECERDNLIFACETAY AROEVRU EXPIRES 3/31/2018SEQUENCE NUMBERFP066SCALE FEETHORIZONTAL: 1"=40'40 40 800CONTOUR INTERVAL: 1'SEE S H E E T 7 SEE SHEET 7SEE SHEE T 4SEE SHEET 3SEE SHEET 3KEYNOTES:SIGHT VISIBILITY EASEMENTSIGHT VISIBILITY EASEMENTMarana Regular Council Meeting 04/04/2017Page 61 of 219 PasePaytons CourtArcher AvenueSheet No.of 915-31703/23/17REF: PCZ1602-001, PRV1608-001PRV1612-001w w w . e p s g r o u p i n c . c o mT:520.408.1400 F:520.408.1403|Tucson, AZ 85742Being a portion of the North 12 of the Northwest 14 of Section 25,T12S, R12E, G&SRMTown of Marana, Pima County, ArizonaFinal Plat forCamino De OesteLots 1 - 144and Common Areas "A" (Open Space) & "B" (Natural Undisturbed Open Space)SEQUENCE NUMBERSIRDNZOAUSON RICHARD B.HOWELL JR.INAD A E SGIT ERGEIDETSTRECERDNLIFACETAY AROEVRU EXPIRES 3/31/2018SEQUENCE NUMBERFP077SCALE FEETHORIZONTAL: 1"=40'40 40 800CONTOUR INTERVAL: 1'SEE S H E E T 6 SEE SHEE T 6SEE SHEET 6SEE SHEET 4SEE S H E E T 4SEE SHEET 4SEE S H E E T 5 SEE SHEET 8SEE SHEET 8KEYNOTES:SIGHT VISIBILITY EASEMENTMarana Regular Council Meeting 04/04/2017Page 62 of 219 Paseo Rancho AceroCardinal StreetCalle Vista del SurCamino De OesteRosebay DrSheet No.of 915-31703/23/17REF: PCZ1602-001, PRV1608-001PRV1612-001w w w . e p s g r o u p i n c . c o mT:520.408.1400 F:520.408.1403|Tucson, AZ 85742Being a portion of the North 12 of the Northwest 14 of Section 25,T12S, R12E, G&SRMTown of Marana, Pima County, ArizonaFinal Plat forCamino De OesteLots 1 - 144and Common Areas "A" (Open Space) & "B" (Natural Undisturbed Open Space)SEQUENCE NUMBERSIRDNZOAUSON RICHARD B.HOWELL JR.INAD A E SGIT ERGEIDETSTRECERDNLIFACETAY AROEVRU EXPIRES 3/31/2018SEQUENCE NUMBERFP088SCALE FEETHORIZONTAL: 1"=40'40 40 800CONTOUR INTERVAL: 1'SEE SHEET 7SEE SHEET 5SEE SHEET 7KEYNOTES:SIGHT VISIBILITY EASEMENTMarana Regular Council Meeting 04/04/2017Page 63 of 219 Sheet No.of 915-31703/23/17REF: PCZ1602-001, PRV1608-001PRV1612-001w w w . e p s g r o u p i n c . c o mT:520.408.1400 F:520.408.1403|Tucson, AZ 85742Being a portion of the North 12 of the Northwest 14 of Section 25,T12S, R12E, G&SRMTown of Marana, Pima County, ArizonaFinal Plat forCamino De OesteLots 1 - 144and Common Areas "A" (Open Space) & "B" (Natural Undisturbed Open Space)SEQUENCE NUMBERSIRDNZOAUSON RICHARD B.HOWELL JR.INAD A E SGIT ERGEIDETSTRECERDNLIFACETAY AROEVRU EXPIRES 3/31/2018SEQUENCE NUMBERFP099Marana Regular Council Meeting 04/04/2017Page 64 of 219 Location Map Case Number: PTitle: Camino Oeste Request: Marana Regular Council Meeting 04/04/2017Page 65 of 219 Marana Regular Council Meeting 04/04/2017 Page 66 of 219 Marana Regular Council Meeting 04/04/2017 Page 67 of 219 Marana Regular Council Meeting 04/04/2017 Page 68 of 219 00051543.DOC /1 Marana Resolution No. 2017-026 - 1 - MARANA RESOLUTION NO. 2017-026 RELATING TO ADMINISTRATION; APPROVING AND AUTHORIZING THE FINANCE DIRECTOR TO EXECUTE AMENDMENT ONE TO THE INMATE WORK CONTRACT BETWEEN THE TOWN OF MARANA, THE ARIZONA DEPARTMENT OF CORRECTIONS AND THE MANAGEMENT & TRAINING CORPORATION FOR INMATE LABOR SERVICES WHEREAS the Town of Marana has maintained an agreement with the Arizona Department of Corrections and the Management & Training Corporation for a number of years to obtain use of inmate labor crews from the Marana Community Correctional Treatment Facility; and WHEREAS the Town Council adopted Resolution No. 2015-024 approving the latest version of the Inmate Work Contract on March 17, 2015 and the parties wish to amend the agreement; and WHEREAS the Mayor and Council of the Town of Marana find it is in the best interests of its citizens to amend the Inmate Work Contract. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. Amendment One to the Inmate Work Contract between the Town of Marana, the Arizona Department of Corrections and the Management & Training Corporation for inmate labor services, attached to and incorporated by this reference in this resolution as Exhibit A, is hereby approved and the Finance Director is hereby authorized and directed to execute it for and on behalf of the Town of Marana. SECTION 2.The Town’s Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to implement and carry out the terms, obligations, and objectives of the contract. Marana Regular Council Meeting 04/04/2017 Page 69 of 219 00051543.DOC /1 Marana Resolution No. 2015-026 2 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 4thday of April, 2017. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Regular Council Meeting 04/04/2017 Page 70 of 219 ADC Contract No. 15-105-20 STATE OF ARIZONA DEPARTMENT OF CORRECTIONS 1601 West Jefferson, MC 55302 Phoenix, Arizona 85007-3002 AMENDMENT ONE This Contract is entered into between the Town of Marana,hereinafter referred to as the Contractor, and the Director of the Arizona Department of Corrections, hereinafter known as the Department,and Management & Training Corporation (MTC)for and on behalf of its Arizona State Prison-Marana Community Correctional Treatment Facility, hereinafter referred to as ASP–Marana as applicable. Purpose of Amendment: 2.17 - To change, pay inmate labor rate; FROM: Fifty cents (50¢). TO: Seventy five (75¢). 2.8.4.1 - Work site(s) may require a Contract Amendment,Section 3.1.1, Contractor’s business location(s); Attachment No. 4 is hereby revised. Attached, revised Attachment No. 4. 3.1.2 - Is hereby changed to read; FROM: Inmates shall be screened and approved by the Department Monitor and MCCTF for assignment to the Contractor's work projects, in accordance with Department written instructions. TO: InmatesshallbescreenedperDepartmentOrder(DO)903andapprovedbytheDepartmentMonitorandMCCTF for assignment to the Contractor's work projects, in accordance with Department written instructions. Marana Regular Council Meeting 04/04/2017 Page 71 of 219 ADC Contract No. 15-105-20 THIS SECTION LEFT BLANK INTENTIALLY IN WITNESS WHEREOF, the parties hereto agree to carry out the terms of this Amendment. TOWN OF MARANA FEDERAL ID # 86-6006756 ARIZONA DEPARTMENT OF CORRECTIONS Signature of Authorized Individual Date Erik Montague Typed Name Finance Director Typed Title 11555 W. Civic Center Drive Marana, Arizona 85653 Typed Address Signature of Authorized Individual Date Kenneth P. Sanchez Typed Name Chief Procurement Officer Typed Title 1645 West Jefferson, MC 55303 Phoenix, Arizona 85007 Typed Address Additional Signatures as Applicable MANAGEMENT & TRAINING CORP. (MTC) Signature Date Jeremy Casey Typed Name Warden Typed Title Prepared By: Stephen Castillo, Senior Procurement Specialist Date: March 7, 2017 Signature Date Typed Name Typed Title This amendment shall be effective when all signatures are affixed. Marana Regular Council Meeting 04/04/2017 Page 72 of 219 ADC Contract No. 15-105-20 Attachment #4 (Revised) **Revised locations 1 Town of Marana Roadside, frontage road and median clean-up along I-10 from Orange Grove Road north to the Pinal County Line Marana, Arizona 2 Town of Marana Streets and Right-of Ways within the Town limits and the Marana Water Service Area, the duties include landscaping, trash removal, and tree trimming Marana, Arizona **3 Town of Marana Parks listed herein, but not limited to: Continental Ranch Community Park 8900 N. Coachline Blvd. Continental Reserve Community Park 8568 N. Continental Reserve Loop Crossroads at Silverbell District Park 7548 N. Silverbell Road El Rio Neighborhood Park 10160 N. Blue Crossing Way Gladden Farms Community Park 12205 N. Tangerine Farms Road Marana Heritage River Park 12375 N. Heritage Park Drive Ora Mae Harn District Park 13250 N. Lon Adams Road San Lucas Community Park 14040 N. Adonis Road Wade McLean Neighborhood Park 8000 N. Silverbell Road All other Paths, Trails and Trailheads in the Town of Marana. **4 Marana Operations Center 5100 W. Ina Rd. Marana, AZ 85743 **5 Fleet Shop 5100 W. Ina Rd. Marana, AZ 85743 **6 Town Shops and Yards 5100 W. Ina Rd. Marana, AZ 85743 and 12775 N. Sanders Rd., Marana, AZ 85653 **7 Marana Municipal Complex 11555 W. Civic Center Dr. Marana, AZ 85653 **8 Marana Senior Center 13250 N. Lon Adams, Marana, AZ 85653 **9 Marana Regional Airport and Airfield 11700 W. Avra Valley Rd., Marana, AZ 85653 **10 Marana Reclamation Facility 14393 W Luckett Rd Marana, AZ 85653 Marana Regular Council Meeting 04/04/2017 Page 73 of 219 Marana Regular Council Meeting 04/04/2017 Page 74 of 219 Marana Regular Council Meeting 04/04/2017 Page 75 of 219 00051552.DOCX /1 Marana Resolution No. 2017-027 MARANA RESOLUTION NO. 2017-027 RELATING TO POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE CHIEF OF POLICE TO EXECUTE THE MEMORANDUM OF UNDERSTANDING BETWEEN PIMA COUNTY, THE MARANA POLICE DEPARTMENT, AND OTHER REGIONAL AGENCIES FOR THE U.S. DEPARTMENT OF JUSTICE OFFICE OF VIOLENCE AGAINST WOMEN FISCAL YEAR 2017 IMPROVING CRIMINAL JUSTICE RESPONSES TO SEXUAL ASSAULT, DOMESTIC VIOLENCE, DATING VIOLENCE, AND STALKING GRANT APPLICATION. WHEREAS Pima County is applying for a three-year U.S. Department of Justice Office of Violence Against Women Fiscal Year 2017 Improving Criminal Justice Responses to Sexual Assault, Domestic violence, Dating Violence and Stalking Grant; and WHEREAS the goal of this project is to reduce domestic/dating violence (including sex- ual assault and/or stalking in the context of domestic dating violence up to and including serious physical injury and homicide) by integrating the new Arizona Intimate Partner Risk Assessment Instrument System (APRAIS) into Pima County’s criminal justice system; and WHEREAS if the grant is approved, Marana Police Department would implement the APRAIS Tool and work with the Pima County Attorney’s Office , Emerge! Center Against Do- mestic Abuse, and local law enforcement agencies to assist high-risk victims and to identify highly dangerous offenders; and WHEREAS the Mayor and Council of the Town of Marana find it is in the best interests of its citizens to enter into the Memorandum of Understanding between Pima County, the Mara- na Police Department, and other regional agencies for the U.S. Department of Justice grant ap- plication. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, the Memorandum of Understanding between Pima County, the Marana Police Department, and other regional agencies for the U.S. Department of Justice Office of Vio- lence Against Women Fiscal Year 2017 Improving Criminal Justice Responses to Sexual As- sault, Domestic Violence, Dating Violence and Stalking Grant application, attached to and in- corporated by this reference in this resolution as Exhibit A, is hereby approved and the Chief of Police is hereby authorized to execute it for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that the Town Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, conditions and objectives of the Memorandum of Understanding between Pima County, the Marana Police Department, and other regional agencies. Marana Regular Council Meeting 04/04/2017 Page 76 of 219 00051552.DOCX /1 Marana Resolution No. 2017-027 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 4th day of April, 2017. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Regular Council Meeting 04/04/2017 Page 77 of 219 Memorandum of Understanding between Pima County,Arizona and The Pima County Attorney's Office, Emerge! Center Against Domestic Abuse, the Pima County Sheriff’s Department, Tucson Police Department, South Tucson Police Department, Sahuarita Police Department, Oro Valley Police Department, and Marana Police Department for The U.S. Department of Justice Office of Violence Against Women Fiscal Year 2017 Improving Criminal Justice Responses to Sexual Assault, Domestic Violence, Dating Violence, and Stalking Grant Program Purpose Pima County, Arizona, i s applying for a three-year U.S. Department of Justice, Office of Violence Against Women Fiscal Year 2017 Improving Criminal Justice Responses to Sexual Assault, Domestic Violence, Dating Violence, and Stalking Grant in the amount of $898,725. The goal of this new project is to reduce domestic/dating violence (including sexual assault and/or stalking in the context of domestic/dating violence up to and including serious physical injury and homicide by integrating the new Arizona Intimate Partner Risk Assessment Instrument System (APRAIS) into Pima County’s criminal justice system. History of Collaboration Among Partners As components of the Pima County criminal justice system, the Pima County Attorney’s Office (PCAO) and the Pima County Sheriff’s Department (PCSD) always have worked closely together to hold misdemeanor and felony domestic/dating violence offenders accountable and better serve their victims. As subunits of county government, they also have collaborated since 2007 to conduct several OVW Arrest and STOP grant projects that helped Pima County establish a Domestic Violence (DV) Court for serious first and all second-time offenders, support the efforts of the court’s Adult Probation Department to identify and arrest DV absconders, work towards integrating evidence-based practices into our criminal justice system, and develop a coordinated community response to the crimes. In 2008, Emerge! Center Against Domestic Abuse (Emerge!) was formed as the result of a merger between two nonprofit organizations. Since then, Emerge! has been Pima County’s most established and only comprehensive provider of services for victims of domestic/dating violence. In that capacity, Emerge! has been a frequent partner in a variety of single and multi-year grants with Pima County, including OVW Rural, STOP, Arrest and Community Defined Solutions Grants. Emerge! also collaborates with subunits of Pima County Government to ensure that the not-for-profit victim service perspective is included in the way they work. Some recent examples include: a forensic strangulation project involving PCAO, the Health Department, and Southern Arizona Center Against Sexual Abuse); a Fatality Review Committee; and a Domestic Marana Regular Council Meeting 04/04/2017 Page 78 of 219 Violence Lethality Assessment Protocol Committee. The other five law enforcement agencies participating in this project:Tucson Police Department, South Tucson Police Department, Sahuarita Police Department, Oro Valley Police Department, and Marana Police Department, represent all of the local law enforcement agencies for Pima County’s incorporated municipalities. Each has its own city court and prosecutors office to manage misdemeanor crimes committed in its respective jurisdiction. All, however, present virtually all their felony crimes for review and prosecution to the Pima County Attorney’s Office. Therefore, they all share a very long history of working together to hold offenders accountable and to serve victims. And all have collaborated on special projects and grants. In 2007, for example, Sahuarita Police Department, Oro Valley Police Department, Marana Police, and PCSD partnered with PCAO to conduct an OVW Rural Grant that established PCAO Victim Services Division Satellite Offices in their facilities in order to bring staff and volunteer advocates closer to their under-served rural and suburban residents. These agencies also participated in the Lethality Assessment pilot project initiated in 2012 by the County Attorney’s Office and Emerge! In 2016, the County received a VOCA grant that currently enables Tucson Police Department and PCAO to work together in a Sexual Assault Kit Backlog Reduction Project. That collaboration provides a full time employee (FTE) PCAO Victim Services Division advocate who works with Sexual Assault Unit detectives to: (a) notify and provide ongoing support for victims whose previously untested/stored sexual assault kits (some up to 20 years old) result in the DNA identification or verification of their offender(s); and (b) offer information and victim services to new sexual assault victims, all of whose sexual assault kits are now sent to a lab for testing. All five of the municipal police agencies, as well as the Sheriff’s Department, PCAO, Emerge!, and Southern Arizona Legal Aid, along with representatives from indigent defense and the courts, came together last spring for a half-day of strategic planning regarding the best blueprint for a better coordinated community-wide response to Domestic Violence, and there was unanimity among all participating agencies that the top priority was to focus on the highest risk cases as determined by a Lethality Assessment or risk assessment tool, such as the new APRAIS instrument. All are seeking funding to expand their services to focus on high risk cases. This grant application focuses on the PCAO Domestic Violence Unit’s development of a High Risk Team and the leadership and management of the crisis hotline at Emerge! to concentrate on and expand its response to victims at high risk. Other funding applications will focus on training and more widespread implementation for law enforcement and legal services, as well as other needs of Emerge! to expand its direct services and the housing resources it provides. Marana Regular Council Meeting 04/04/2017 Page 79 of 219 Roles and Responsibilities of Each Partner The Pima County Attorney’s Office agrees to: Serve as lead agency for this grant on behalf of Pima County. In that capacity, the Pima County Attorney’s Office will: coordinate all activities outlined in the Fiscal Year 2017 Improving Criminal Justice Responses to Sexual Assault, Domestic Violence, Dating Violence, and Stalking Grant application, manage the contract and all payments to the nonprofit project partner, Emerge! Center Against Domestic Abuse, monitor the progress of the project in order to ensure that all activities are conducted as planned and budgeted, and prepare/submit all required or requested reports. Establish a High Risk Team consisting of a .25 FTE Supervising Attorney/Project Director, 1.0 FTE prosecuting attorney, 1.0 paralegal and 1.0 legal processing support staff. Together, they will manage the flow of APRAIS risk assessment information, aggressively prosecute the cases involving the most dangerous offenders and at-risk victims, and ensure that other DV and Misdemeanor Unit staff have adequate information and training in the use of the APRAIS tool. Ensure that all victims at high-risk who did not initially accept the offer of Emerge! for safety planning and other services are offered the opportunity again and also connected with a PCAO Victim Service Division advocate who will be available to support them through the adjudication process. Ensure that other PCAO DV Unit and Misdemeanor Unit staff members have adequate information about the dangerousness of offenders and risk level of victims as identified using APRAIS. In conjunction with Emerge! and PCAO Victim Service Division, c oordinate and/or provide law enforcement training on Risk Assessment Protocol and the APRAIS tool as well as other topics that enhance this project such as: witness intimidation; gender bias; sexual assault and/or stalking in the context of DV; the unique nature of victim trauma in DV and sexual assault; and meeting the unique needs of underserved populations, including those with disabilities or limited English proficiency, young teens, older adults, and members of the LGBTQ community. Lead the Pima County DV Steering Committee and Fatality Review Team. Conduct quarterly process and annual outcome evaluation meetings. Emerge! Center Against Domestic Abuse agrees to: Hire and supervise a 1.0 FTE Emerge! Hotline Supervisor who will report to the Director of Domestic Abuse Services to: Ensure that victims at high risk identified through the new APRAIS tool receive immediate safety planning and referral to shelter services as needed via the Emerge! 24-Hour Hotline. Ensure that victims at high risk receive follow-up direct services or referrals by Emerge! staff and volunteers as needed to heal and move forward more safely and autonomously. Those services may include, but are not limited to: crisis intervention, safety planning, 911 emergency cell phones, clothing, financial assistance, housing, employment, Department of Economic Security application assistance, medical assistance, parenting education services, victim compensation information and application assistance, relocation, support groups, help Marana Regular Council Meeting 04/04/2017 Page 80 of 219 in filing petitions for Orders of Protection, victims’ rights education, assistance with citizenship, naturalization, and Violence Against Women Act documentation. Coordinate follow-up victim services with the PCAO Victim Service Division as appropriate to victim needs. Participate in quarterly grant process evaluation meetings. Participate in Pima County DV Steering Committee and Fatality Review Team meetings. Work with PCAO to provide and/or coordinate law enforcement trainings. Keep records and submit reports to the project director within the limits of client confidentiality. The Pima County Sheriff’s Department, Tucson Police Department, South Tucson Police Department, Sahuarita Police Department, Oro Valley Police Department, and Marana Police Department agree to: Participate in trainings on the APRAIS Tool and its implementation that are presented by the State, Pima County Attorney’s Office and/or Emerge! Use the new APRAIS tool as its standard method of determining the dangerousness of offenders and vulnerability of victims in all cases of intimate partner domestic violence that result in an arrest that is presented to the Pima County Attorney’s office for prosecution. Call PCAO Victim Services Division to request on-scene or telephone crisis information services for traumatized, high-risk victims. Ensure that all victims who are determined to be at high risk for increasing dangerousness are immediately connected with the Emerge! Hotline as called for in APRAIS policies and procedures. Share timely information with the Pima County Attorney’s Office High Risk Team to ensure that offenders who are identified as highly dangerous can be adequately investigated,charged and tracked and that victim safety and privacy is addressed in all activities. Crosstrain with other project partners and participate in appropriate trainings provided by the Pima County Attorney’s Office DV Unit, Emerge! and/or OVW. Participate in the Pima County DV Steering Committee and Fatality Review Team. Keep records, participate in quarterly project process evaluations,and submit reports to the project director within the limits of client confidentiality. Resources PCAO will provide office space, supplies, and local travel reimbursement to all PCAO project staff, and assume the portions of their salary and benefits that are not requested in the grant. The grant will subsidize the salary and benefits of the High Risk Team, including: 1 prosecuting attorney, 1 paralegal and 1 Legal Processing Support staff member at a cost of $711,925 over three years. The grant will also cover all travel costs related to OVW-provided or -approved trainings of PCAO and MOU partner staff at a cost of $20,800 for a total three- year cost of $711,925. Marana Regular Council Meeting 04/04/2017 Page 81 of 219 Emerge! Center Against Domestic Abuse will provide office space, supplies, and local travel reimbursement to the 1.0 FTE Hotline Manager. It will also provide in kind supervisory time and record-keeping by the Program Manager for Community Based Services. The grant will subsidize the salary, benefits, office supplies, and local travel of the Hotline Manager at a cost of $55,000 per year, for a three-year contract total cost of $165,000. The Pima County Sheriff’s Department, Tucson Police Department, South Tucson Police Department, Sahuarita Police Department, Oro Valley Police Department, and Marana Police Department are fully committed to working with each other and with the Pima County Attorney’s Office and Emerge! to achieve the goals and objectives of this project. To that end, each will assume all costs related to their participation as shown in this MOU. Participation in Planning All agencies have been involved in planning for this project over the past year. Additionally, PCAO, Emerge!, and local law enforcement agencies have served on the Working Group at the Arizona Prosecuting Attorney’s Advisory Council that was asked by the Administrative Office of the Courts to develop a uniform, statewide lethality assessment and has been working for more than a year to develop the new APRAIS program. By signing bel ow, all parties agree to the proposed plan and budget as described in the grant application and out lined in this MOU: ___________________________________________________ C.H. Huckelberry Pima County Administrator Date ____________________________________________________ Barbara LaWall Pima County Attorney Date ____________________________________________________ Ed Mercurio-Sakwa, Chief Executive Officer Emerge! Center Against Domestic Abuse Date Marana Regular Council Meeting 04/04/2017 Page 82 of 219 ____________________________________________________ Mark Napier Pima County Sheriff Date _____________________________________________________ Chris Magnus Tucson Police Chief Date _____________________________________________________ Michael B. Ford South Tucson Police Chief Date _____________________________________________________ John Noland Sahuarita Police Chief Date _____________________________________________________ Daniel Sharp Oro Valley Police Chief Date _____________________________________________________ Terry Rozema Marana Police Chief Date Marana Regular Council Meeting 04/04/2017 Page 83 of 219 Marana Regular Council Meeting 04/04/2017 Page 84 of 219 Marana Regular Council Meeting 04/04/2017 Page 85 of 219 00051578.DOC /1 Marana Resolution No. 2017-028 MARANA RESOLUTION NO. 2017-028 RELATING TO THE MARANA REGIONAL AIRPORT; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A LAND/FACILITY USE AGREEMENT BETWEEN THE TOWN OF MARANA AND THE ARIZONA DEPARTMENT OF FORESTRY AND FIRE MANAGEMENT FOR USE OF THE AIRPORT AS AN AIR TANKER BASE FOR FIRE SUPPRESSION ACTIVITIES DURING FIRE SEASON WHEREAS A.R.S. § 28-8411 authorizes the Town Council of the Town of Marana to undertake all activities necessary to acquire, establish, construct, own, control, lease, equip, improve, maintain, operate and regulate an airport; and WHEREAS the Arizona Department of Forestry and Fire Management desires to use property at the Marana Regional Airport as an air tanker base for fire suppression activities in Southern Arizona during the fire season; and WHEREAS the Town Council finds that entering into the Land/Facility Use Agreement with the Arizona Department of Forestry and Fire Management is in the best interests of the Town and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Land/Facility Use Agreement between the Town of Marana and the Arizona Department of Forestry and Fire Management attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved, and the Mayor is hereby authorized to execute it for and on behalf of the Town. SECTION 2. The Town’s Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of this resolution. Marana Regular Council Meeting 04/04/2017 Page 86 of 219 00051578.DOC /1 Marana Resolution No. 2017-028 PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 4th day of April, 2017. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Regular Council Meeting 04/04/2017 Page 87 of 219 Marana Regular Council Meeting 04/04/2017 Page 88 of 219 Marana Regular Council Meeting 04/04/2017 Page 89 of 219 Marana Regular Council Meeting 04/04/2017 Page 90 of 219 Marana Regular Council Meeting 04/04/2017 Page 91 of 219 HELI C OPTE R RAMP N SANDARIO RDW AVRA VALLEY RDPrinted by: jcurrie Path: U:\Town_Attorney\Helicopter Ramp Exhibit A.mxd © Town of Marana 2/24/20144Exhibit AData Disclaimer: The Town of Marana provides this map information "As Is"at the request of the user with the understanding that it is not guaranteedto be accurate, correct or complete and conclusions drawn from such informationare the responsibility of the user. In no event shall The Town of Marana becomeliable to users of these data, or any other party, for any loss or direct, indirect,special, incidental or consequential damages, including but not limitedto time, money or goodwill, arising from the use or modification of the data.0500250FeetMarana Regular Council Meeting 04/04/2017Page 92 of 219 Marana Regular Council Meeting 04/04/2017 Page 93 of 219 March 7, 2017 Regular Council Meeting Minutes 1 MARANA TOWN COUNCIL REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, March 21, 2017, at or after 7:00 PM 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 REGULAR COUNCIL MEETING CALL TO ORDER AND ROLL CALL. The meeting was called to order by Mayor Honea at 7:02 p.m.Town Clerk Bronson called roll. All Council Members were present. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE. Led by Mayor Honea. APPROVAL OF AGENDA. Motion to approve by Vice Mayor Post, second by Council Member Bowen. Passed unanimously. CALL TO THE PUBLIC. There were no speaker cards presented other than those for Item A3. PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS. Mayor Honea noted that Biz Tucson-Marana is available online as well as paper copies. MANAGER’S REPORT: SUMMARY OF CURRENT EVENTS. Mr. Davidson noted that the 40th Founders’ Day is this coming Saturday. The parade starts at 10:00 a.m., and there will be many activities at Ora Mae Harn following the parade. PRESENTATIONS Marana Regular Council Meeting 04/04/2017 Page 94 of 219 March 7, 2017 Regular Council Meeting Minutes 2 CONSENT AGENDA. Motion to approve by Council Member Bowen, second by Council Member Ziegler. Passed unanimously. C1 Resolution No. 2017-019; Relating to Development: approving a release of assurances for Saguaro Springs Block 8A and accepting public improvements for maintenance (Keith Brann) C2 Resolution No. 2017-020: Relating to Municipal Court; approving the appointment of George Dunscomb and Maria Avilez as magistrates pro tempore for the Marana Municipal Court (Laine Sklar) C3 Resolution No. 2017-021: Relating to Public Works; approving and authorizing the Mayor to sign an intergovernmental agreement with the Regional Transportation Authority for the Arizona Pavilions Park and Ride, and authorizing the Manager to negotiate and sign a lease with the Arizona Pavilions developer for the Arizona Pavilions Park and Ride (Lisa Shafer) C4 Approval of March 7, 2017 Regular Council Meeting Minutes and March 14, 2017 Study Session Meeting Minutes (Jocelyn C. Bronson) LIQUOR LICENSES L1 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a special event liquor license application submitted by Rev. Fr. Virgilio Tabo Jr. on behalf of St. Christopher Roman Catholic Church for Church Fiesta to be held on April 29, 2017 (Jocelyn C. Bronson). Ms. Bronson noted that this application was in proper order and that staff is recommending approval. Motion to approve by Council Member McGorray, second by Council Member Kai. Passed unanimously. BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION A1 Ordinance No. 2017.006: Relating to Parks and Recreation; amending Marana Town Code Chapter 13-1 (Parks and Recreation Regulations); amending section 13-1-3 (Use and occupancy rules and regulations) to exclude regulation of model aircraft; adding new section 13- 1-4 entitled "Model aircraft operation; definition; prohibitions; exceptions"; and designating an effective date (Jane Fairall). Ms. Fairall noted that this ordinance regulates drone take-off and landings in parks and at the airport and allows the Parks and Recreation Director to determine safe drone operations. Records of these operations will be k ept in the Town Clerk’s office. Ms. Fairall also recognized the work of Rachel Dykman, intern in the Legal Department, who researched the bulk of the ordinance. Motion to approve by Council Member Bowen, second by Council Member McGorray. Passed unanimously. A2 Resolution No. 2017-022: Relating to Parks and Recreation; approving and authorizing the Mayor to execute a Lease Agreement between the Town of Marana and Saint Christopher Marana Regular Council Meeting 04/04/2017 Page 95 of 219 March 7, 2017 Regular Council Meeting Minutes 3 Roman Catholic Parish-Marana for the construction and maintenance of a pocket park in Honea Heights (Cynthia Nemeth-Briehn). Lisa Shafer and Cynthia Nemeth-Briehn co-presented this item. Ms. Shafer began by noting that Ms. Nemeth-Briehn and Steven Vasquez in the Planning Department have been working on the park design. This park is part of the town’s neighborhood investment plan which Mr. Davidson brought before Council last year. The purpose was to look at the older neighborhoods in town such as Colonias and see what was necessary to improve streets, sidewalks, parks, drainage and other infrastructure. This project was the first project under that plan and was started because there is no park in the Honea Heights area. The church site was an ideal location because the church has 33 acres of land and there is a basketball court there. So staff has been pursuing a lease agreement with the church this past year for this park. This is a 10-year lease and the town and the church can enter into a 5-year extension after that. The agreement is that the town pays $1 per year up front. Cynthia Nemeth-Briehn then spoke about the benefits this type of neighborhood park brings to citizens. We are hoping that this type of park would serve as a model for other Marana neighborhoods. There will be a ball park with a turf area, shade trees and seating, a ramada, a playground, parking and landscaping. The cost is estimated to be $350K. Funding sources are a CDBG grant, the affordable housing fund, the town’s tipping fees, and other grants the Parks department is currently researching. Staff believes this type of park is very “grant-able.” As much as possible, we hope to make this an “in-house” project, using only a limited amount of general funds. Because of its size, this park would be easily absorbed into the existing budget for maintenance operations, taking only about 30 minutes per day to maintain. Amenities such as the ramada and grill lend themselves to rental opportunities of about $12 an hour. There might be an occasional replacement of a tree, a bench or table. We are finalizing our grant research and hope to begin this project in the Fall 2017. Council Member Ziegler asked about the use of tipping funds for this park which Mr. Davidson responded that half of the tipping fees were to be used for beautification along Avra Valley Road and the other half was to be used for beautification projects around the town. Motion to approve by Council Member McGorray, second by Vice Mayor Post. Passed unanimously. A3 Resolution No. 2017-023: Relating to Administration; approving the transfer of up to $156,000 in budgeted expenditure authority from the General Fund contingency line item in the fiscal year 2016-2017 budget to various accounts within Community Development and Neighborhood Services for expenses related to startup costs for the new Marana Animal Services division; and authorizing the increase of budgeted full-time equivalent positions from 346.63 to 348.63 for the addition of two Marana animal control officer positions (Erik Montague). Mr. Montague gave Council an overview of the contingency expenditure as authorized by the Council action at last week’s study session to provide for enforcement and an outside contract for sheltering services for animal care services within the town. Staff does not anticipate an adverse impact on the general fund for the current year. Mayor Honea asked the speakers to come forward with their comments. He called on Robyn Vanderburg, who spoke as a county resident representing the welfare of the animal community. She spoke not to the termination of services with the county but the disparity of services by the new contractee. She requested an open meeting between the town, HSSA and the leaders of animal advocacy. Next, Bonny Harris , a 16-year resident of Marana spoke regarding last Marana Regular Council Meeting 04/04/2017 Page 96 of 219 March 7, 2017 Regular Council Meeting Minutes 4 week’s study session. She is not aware of anyone who is in favor of the town getting into the animal care business. She is also upset by the “blackout” by media sources on this sub ject and the lack of support by elected officials to hear from the constituents on this subject. Christy Holliger, a Marana resident, spoke of the concerns raised at last week’s study session, specifically regarding the spay and neuter program for community cats, which the town declined to participate in under an IGA with the county. She also addressed and disputed other aspects of statements Ms. Shafer made at the study session. The last speaker was Sharon Woolridge , a former Marana resident and now a resident of the county. She wondered who would be running the temporary shelters if they are maintained in north Marana and then had to transport animals to an alternate site. In her experience PACC has been responsive to calls in the past. She also noted that the town would be taking over these animal care services around the 4 th of July when many dogs are frightened by the fireworks and loud noises and run away. Vice Mayor Post asked Mr. Montague if anything would be put in the budget for next for the spay and neuter of animals. Mr. Montague responded that what will initially be loaded into the budget will be consist with the numbers comprising the $156K. Ms. Shafer interjected that staff is continuing their negotiations with the Humane Society for services, and spay and neuter services is a part of that discussion. The Humane Society is very excited about possibly doing a clinic in north Marana in June to get dogs microchipped because of the 4 th of July. There are several programs being considered for inclusion into next year’s budget. The Humane Society currently goes out into the community to do vaccination and spay and neuter clinics. Vice Mayor Post would like to see a temporary kenneling facility in north Marana. Council Member Ziegler asked several questions on anticipated costs for personnel and equipment, provision for animals in temporary holding facilities and their transportation in a timely manner to the Humane Society and reiterated her opposition to the Council action at the study session last week. Council Member Kai would like staff to come back within a year or two to show Council the actual costs are and to keep a log of all kudos or complaints of this operation. Vice Mayor Post pointed out that since 2009, the Council has been aware of the county charges, and there has been discussion every year that a bill has been submitted by the county, and costs have risen over 200%. The reason for bringing this up is to say that we have discussed this issue at meetings in great detail. We have written letters to PACC and asked for substantiation of the bills year after year and gotten responses back that are not clear. There are issues in our community with PACC. He believes the town will do a g ood job and get this done. We will make sure that this is a service for our residents that is done right and well-received, and we will get people saying thank-you. He continued that it isn’t always about money. It’s about money in this case because now it got to the point that the county is charging us to the point where we can move into the business. That’s where it becomes about money. Council Member Ziegler again responded to Vice Mayor Post’s remarks and asked again why this issue wasn’t vetted with the residents. Council Member Bowen made a motion to approve Resolution No. 2017-023, second by Vice Mayor Post. Passed 5-2 with Council Members Kai and Ziegler dissenting. A4 Ordinance No. 2017-007; Relating to Finance; amending the Town of Marana comprehensive fee schedule; and declaring an emergency (Tony Hunter). Mr. Hunter noted that during the original revision process encompassing over 50 pages of fees, there were three fees that were revised but omitted in the final document. All the fees and descriptions have been included in the Council supplemental materials and in the required statutory 60-day published Marana Regular Council Meeting 04/04/2017 Page 97 of 219 March 7, 2017 Regular Council Meeting Minutes 5 notice. The affected fees are for a preliminary plat, a customer-requested meter re-read and a sewer service establishment fee. He noted that there is an emergency clause included in the ordinance so that these fees can take effect immediately. Motion to approve by Council Member Comerford, second by Council Bowen. Passed unanimously. ITEMS FOR DISCUSSION/POSSIBLE ACTION D1 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 the other governmental bodies (Gilbert Davidson). Mr. Davidson stated that there have been no major changes with bills that we have been tracking. EXECUTIVE SESSIONS. Mayor Honea asked for a motion to go into executive session on items E2 and E3.Motion by Council Member McGorray, second by Council Member Ziegler. Passed unanimously. Pursuant to A.R.S. § 38-431.03, the Town Council may vote to go into executive session, which will not be open to the public, to discuss certain matters. E1 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. E2 Executive session pursuant to A.R.S. § 38-431.03(A)(4) for discussion or consultation with the Town’s attorneys in order to consider its position and instruct its attorneys regarding the public body's position regarding settlement discussions conducted in order to resolve litigation in Town of Oro Valley v. Bennett, Pima County Superior Court No. C20160706, funded by the Town of Marana as Lead Agency for the Tangerine Corridor project. Mr. Cassidy requested authorization from Council to settle the Bennett litigation for $127,500 plus statutory interest. Motion to approve by Council Member Bowen, second by Vice Mayor Post. Passed unanimously. E3 Executive session pursuant to A.R.S. § 38-431.03(A)(4) for discussion and consultation with the Town’s attorneys in order to consider its position and instruct its attorneys regarding the Town's position in pending litigation and in settlement discussions conducted in order to resolve litigation in Mandarina LLC v Town of Marana, Pima County Superior Court No C20161982. Mr. Cassidy requested authorization to proceed in a manner consistent with the discussion in executive session. Motion by Council Member Bowen to approve, second by Vice Mayor Post. Passed unanimously. 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). Marana Regular Council Meeting 04/04/2017 Page 98 of 219 March 7, 2017 Regular Council Meeting Minutes 6 ADJOURNMENT. Motion to adjourn at 9:01 p.m. by Council Member Bowen, second by Vice Mayor Post. Passed unanimously. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on March 21, 2017. I further certify that a quorum was present. _______________________________________ Jocelyn C. Bronson, Town Clerk Marana Regular Council Meeting 04/04/2017 Page 99 of 219 Marana Regular Council Meeting 04/04/2017 Page 100 of 219 Marana Regular Council Meeting 04/04/2017 Page 101 of 219 Marana Regular Council Meeting 04/04/2017 Page 102 of 219 Marana Regular Council Meeting 04/04/2017 Page 103 of 219 Marana Regular Council Meeting 04/04/2017 Page 104 of 219 00051677.DOCX /1 Marana Ordinance No. 2017.008 - 1 -3/28/2017 4:50 PM MARANA ORDINANCE NO. 2017.008 RELATING TO DEVELOPMENT; APPROVING A REZONING OF APPROXIMATELY 34 ACRES OF LAND LOCATED EAST OF TWIN PEAKS ROAD AND NORTH OF THE LAMBERT LANE ALIGNMENT FROM R-144 (SINGLE-FAMILY RESIDENTIAL) TO R-6 (SINGLE-FAMILY RESIDENTIAL) WHEREAS Chun-Ying Frank Lin (the “Property Owner”) owns approximately 34 acres of property located on the east side of Twin Peaks Road north of the Lambert Lane alignment within Section 11, Township 12 south, Range 12 East, described and depicted on Exhibit “A” attached to and incorporated in this ordinance by this reference (the “Rezoning Area”); and WHEREAS the Property Owner has authorized The WLB Group to submit an application to rezone the Rezoning Area from R-144 (Single-Family Residential) to R-6 (Single-Family Residential), (“this Rezoning”); and WHEREAS the Marana Planning Commission held a public hearing on March 29, 2017, and voted 7-0 to recommend that the Town Council approve this Rezoning, subject to the recommended conditions with the deletion of one condition; and WHEREAS the Marana Mayor and Town Council held a public hearing on April 4, 2017 and determined that this Rezoning should be approved. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1. The zoning of the Rezoning Area is hereby changed from R-144 (Single- Family Residential) to R-6 (Single-Family Residential). Section 2. 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), and which shall be binding on the Property Owner and its successors in interest (all of whom are collectively included in the term “Property Owner” in the following conditions ): 1. Compliance with all applicable provisions of the Town’s codes and ordinances current at the time of any subsequent development including, but not limited to, requirements for public improvements and payment of application fees and applicable development impact fees. 2. Any preliminary plat or development plan for any portion of the Rezoning Area shall be in general conformance with the conceptual development plan presented to and approved by the Town Council as part of this Rezoning. 3. A master drainage study must be submitted by the Property Owner and accepted by the Town Engineer prior to Town approval of a preliminary plat or development plan for any portion of the Rezoning Area. Marana Regular Council Meeting 04/04/2017 Page 105 of 219 00051677.DOCX /1 Marana Ordinance No. 2017.008 - 2 -3/28/2017 4:50 PM 4. A water infrastructure and phasing plan (WIP) must be submitted by the Property Owner and accepted by the Marana Water Department (the “water provider”) prior to approval of a preliminary plat for any portion of the Rezoning Area. The WIP shall identify all on-site and off-site water facilities needed to serve the pr oposed development. The WIP shall include all information required by the water provider, such as (but not limited to) analysis of water use and fire flow requirements, and well source, reservoir, and booster station infrastructure needed to serve the proposed development. If the water provider requires a water service agreement as a condition of service to the proposed development, the Property Owner must enter into a water service agreement with the water provider consistent with the accepted WIP. 5. A master sewer plan must be submitted by the Property Owner and accepted by Pima County Regional Wastewater Reclamation Department (the “wastewater utility”) prior to the approval of any final plat or development plan for the Rezoning Area. The master sewer plan shall identify all on-site and off-site wastewater facilities needed to serve the pr oposed development, and shall include all information required by the wastewater utility. If the wastewater utility requires a sewer service agreement as a condition of service to the proposed development, the Property Owner must enter into a sewer service agreement with the wastewater utility consistent with the accepted master sewer plan. 6. The Property Owner must design and construct any roadway, drainage, water, and wastewater improvements, and dedicate or acquire any property rights associated with those improvements, that the Town requires based on the data and findings of the accepted traffic impact analysis, the accepted master drainage study, the accepted WIP, the accepted master sewer plan, and other studies approved in connection with the approval of a preliminary plat or development plan for any portion of the Rezoning Area. 7. The final design of all streets and circulation facilities, including gated access (if applicable), must be accepted by Northwest Fire District prior to Town Council consideration of a final plat for any portion of the Rezoning Area. 8. The maximum number of residential lots within the Rezoning Area shall be 59. 9. No approval, permit or authorization by the Town of Marana authorizes violation of any federal or state law or regulation or relieves the Property 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. The Property Owner should retain appropriate experts and consult appropriate federal and state agencies to determine any action necessary to assure compliance with applicable laws and regulations. 10. The Property Owner shall transfer to Marana, by the appropriate Arizona Department of Water Resources form, those water rights being IGR, Type I or Type II for the Town providing designation of assured water supply and water service to the Rezoning Area. If Type I or Type II is needed on the Rezoning Area, the Town and the Property Owner shall arrive at an agreeable solution to the use of those water rights appurtenant to the affected portion of the Rezoning Area. 11. Prior to the issuance of any grading permits, the Property Owner shall submit evidence to the Town that all federal permit requirements have been met through the Corps of Engineers and Marana Regular Council Meeting 04/04/2017 Page 106 of 219 00051677.DOCX /1 Marana Ordinance No. 2017.008 - 3 -3/28/2017 4:50 PM the State Historic Preservation Office, if federal permits are required for the development of the Rezoning Area. 12. A 100% clearance survey for the desert tortoise shall be completed by a qualified biologist at the Property Owner's expense and a survey report shall be submitted to the Town and to the Arizona Game and Fish Department (AZGFD) prior to issuance of any grading permits. If a desert tortoise is found during the survey or at any time during construction, the Property Owner shall immediately notify the Town and the AZGFD, and the tortoise shall be moved in accordance with the most current AZGFD Tortoise Handling Guidelines at the Property Owner’s expense. 13. The Property Owner shall not cause any lot split of any kind without the written consent of the Town of Marana. 14. Lots 6 through 15 and 43 through 59 as shown on the site plan presented to the Town Council shall be limited to one-story construction. 15. At the time a final subdivision plat is submitted for the Rezoning Area, the Property Owner shall dedicate additional right-of-way to provide a total half-width of 75 feet for Lambert Lane along the entire south boundary of the Rezoning Area. Where 30 feet of right-of-way width currently exists, an additional width of 45 feet will be dedicated. Where no right-of- way currently exists, the entire 75 feet will be dedicated. In lieu of requiring an additional permanent waterline easement in the Rezoning Area, the Town shall accommodate the placement of Metropolitan Domestic Water Improvement District water facilities within the dedicated Lambert Lane right-of-way. 16. At the time a final subdivision plat is submitted for the Rezoning Area, the Property Owner shall dedicate 30 feet of right-of-way along the entire east boundary of the Rezoning Area for Blue Bonnet Road. 17. The Property Owner shall dedicate a public sewer easement through the Rezoning Area extending from the Twin Peaks Road right-of-way to the 40-foot sewer easement along the east property boundary, enabling sewer facilities to be provided to future development west of Twin Peaks Road. 18. During construction of the subdivision, the Property Owner shall grade the Lambert Lane access drive from the west property boundary of Parcel No. 216-32-021C east to the Blue Bonnet Road alignment. Section 3. 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 4. 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. Marana Regular Council Meeting 04/04/2017 Page 107 of 219 00051677.DOCX /1 Marana Ordinance No. 2017.008 - 4 -3/28/2017 4:50 PM PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 4th day of April, 2017. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Regular Council Meeting 04/04/2017 Page 108 of 219 Marana Regular Council Meeting 04/04/2017 Page 109 of 219 Marana Regular Council Meeting 04/04/2017 Page 110 of 219 Marana Regular Council Meeting 04/04/2017 Page 111 of 219 Marana Regular Council Meeting 04/04/2017 Page 112 of 219 Marana Regular Council Meeting 04/04/2017Page 113 of 219 Marana Regular Council Meeting 04/04/2017 Page 114 of 219 Marana Regular Council Meeting 04/04/2017Page 115 of 219 Twin Peaks & Lambert Lane Rezoning Site Analysis PCZ1606-002 02.24.2016 Marana Regular Council Meeting 04/04/2017 Page 116 of 219 Marana Regular Council Meeting 04/04/2017 Page 117 of 219 Marana Regular Council Meeting 04/04/2017 Page 118 of 219 Marana Regular Council Meeting 04/04/2017 Page 119 of 219 Marana Regular Council Meeting 04/04/2017 Page 120 of 219 Marana Regular Council Meeting 04/04/2017 Page 121 of 219 Marana Regular Council Meeting 04/04/2017 Page 122 of 219 Marana Regular Council Meeting 04/04/2017 Page 123 of 219 (This page intentionally blank) Marana Regular Council Meeting 04/04/2017 Page 124 of 219 I. Introduction A. Project Overview The project is a proposed residential development consisting of 34± acres located at Twin Peaks Road and Lambert Lane. This project contains a range of single-family detached home lot sizes to respond to market demand for housing in the northwest Tucson metropolitan area. The Marana General Plan has a vision for up to 2.0 residences per acre along the Twin Peaks corridor, including the subject property. This project will adhere to the general plan designated density by building 59 lots on 34± acres for a 1.7 residences per acre ratio. In addition to the open space the project will also include a centrally located recreation area. This recreation area will add to the project and contribute to the quality of life for residents. The development is a balanced design both for people and for native Sonoran Desert biological resources. By leaving corridors of open space within the site, the native animal populations will be able to traverse the neighborhood and continue their foraging and migration patterns. The entire Twin Peaks Road corridor is planned to be developed, although much of it is heavily constrained by environmental and hydrological constraints. This site is relatively unconstrained, making it an appropriate place for corridor development to occur. Still, it strikes an important balance between preserving wash corridors, providing transitional density to existing development, and locating appropriate density along major roadway infrastructure. B. Primary Objectives Provide much needed high-quality, environmentally-sensitive, single-family detached homes for new residents wishing to live in the Town of Marana. Clustering homes such that the natural desert beauty can be appreciated by future residents within the development, as well as the surrounding residents. Provide functional wildlife corridors and preserve sensitive habitat. Fulfill the Town of Marana’s vision for sustainable growth along Twin Peaks Road (a major regional arterial roadway). Construct a residential community that is compatible with both existing and future surrounding land uses. Fulfill elements of the Town of Marana Strategic Plan by creating meaningful open space, trail connectivity, and active recreation areas. This document has been prepared in support of a request to rezone the subject property from R-144 (residential) to R-6 (residential). The subject properties currently consist of two parcels bounded by Twin Peaks Road, Blue Bonnet Road, and Lambert Lane. The General Plan designates these properties as Low Density Residential (LDR), and the existing zoning is R-144. As the market continues to improve, large homebuilders have resurfaced as motivated buyers of platted lots. In the northwest Tucson metropolitan area market, those homebuilders have expressed the strongest demand for production home sites set in the context of significant onsite open space. This rezone is intended to allow the property to be developed in response to this strong demand, while at the same time preserving environmentally-sensitive portions of the site. If built to current zoning standards, 144,000 square-foot lots and their unrestricted grading areas would blanket the property and significantly impact native wildlife habitat. One of the primary reasons to modify the current zoning is so that the most sensitive portions of the property can be effectively preserved as open space with enforceable restrictions. The proposed development, the region, and the natural functionality and beauty of the Sonoran Desert will benefit indefinitely by clustering housing away from sensitive habitat areas. Marana Regular Council Meeting 04/04/2017 Page 125 of 219 Additionally, the development is compatible with the existing adjacent land uses. Although a number of the surrounding properties are vacant, the project has been carefully designed to be sensitive to nearby existing residences by proposing buffers along the project’s eastern perimeter, and large one-acre lots along the southern border. This is a more sensitive approach to minimizing impacts to existing residents because it provides density transition onsite. C. Landscape Concept Title 17 of the Marana Land Development Code, Environmental Resource Preservation, Native Plant and Landscape Requirements, allows for this type of subdivision development. The project meets the intent of those assembled regulations and directions. In addition, the development will reuse as many native plants as practical for the subdivision’s landscaping needs. Native plants are drought tolerant and uniquely suited for the local climate, and further meet the primary objective of developing a sustainable and environmentally- sensitive residential community. As part of the platting process, a native plant inventory will be prepared for the entire site, identifying vegetation to be preserved in place or transplanted within the development site. Marana Regular Council Meeting 04/04/2017 Page 126 of 219 II. Inventory & Analysis The purpose of the Inventory and Analysis section of this document is to catalog the various physical opportunities and constraints impacting the property in order to provide a meaningful and relevant context for the development proposal detailed elsewhere in this document. Only through careful consideration of these existing conditions can a design be truly appropriate for the area and compatible with its surroundings. A. Existing Land Uses 1. Site Location The subject properties are located within Township 12 South, Range 12 East, Section 11, Town of Marana, Pima County, Arizona. The subject properties total approximately 34 acres, and are located on W. Twin Peaks Road between N. Blue Bonnet Road and the W. Lambert Lane alignment. (See Exhibit A: Site Location Map.) Pima County tax assessor designates the subject properties as parcels 216-23-073D and 216-23-072B. Per Marana Addressing the administrative address for this project is 5565 W. Twin Peaks Rd. 2. Existing On-site Zoning and Land Uses The subject properties are currently undeveloped and vacant. The subject properties are currently zoned R-144 (Single-Family Residential District) with a minimum lot size of 144,000 square feet. The Town of Marana General Plan designates the subject properties as Low Density Residential (LDR: 0.5 – 2.0 dwelling units per acre). As stated in the Marana 2010 General Plan, large areas of significant natural resources have been identified in the Tortolita Fan in northeast Marana that have a range of development constraints. These factors should promote clustered housing projects. This project follows its recommendations to build relatively low-density residential cluster development that minimizes disturbance to the on-site riparian areas. (See Exhibit C: Existing General Plan Land Uses.) 3. Existing Adjacent Zoning and Land Uses a. Surrounding Zoning & Land Uses The subject properties are surrounded by the following existing zonings, existing land uses, and General Plan land use designations within a quarter of a mile of the subject property: (See Exhibit C: General Plan Land Use Designations, Exhibit D: Existing Zoning, and Exhibit E Existing Land Uses.) N: Existing zoning: F, Twin Peaks Vista Specific Plan R-36, Single Family Residential Existing land use: Vacant land and single-family residential development NE: Existing zoning: F, The Preserve at Twin Peaks Specific Plan Existing land use: Vacant land Marana Regular Council Meeting 04/04/2017 Page 127 of 219 E: Existing zoning: SR, Suburban Ranch (Pima Co.) Existing land use: Vacant land and single-family residential development SE: Existing zoning: SR, Suburban Ranch (Pima Co.) Existing land use: Vacant land and single-family residential development S: Existing zoning: SR, Suburban Ranch (Pima Co.) Existing land use: Vacant land and single-family residential development SW: Existing zoning: SR, Suburban Ranch (Pima Co.) GR-1, Rural Residential (Pima Co.) Existing land use: Vacant land W: Existing zoning: GR-1, Rural Residential (Pima Co.) Existing land use: Vacant land and single-family residential development NW: Existing zoning: GR-1, Rural Residential (Pima Co.) Existing land use: Vacant land and single-family residential development b. Surrounding Building Heights All nearby structures are single or two story. c. Surrounding Rezonings Twin Peaks Oasis Specific Plan, Cascada Specific Plan, Twin Peaks Vista Specific Plan, The Preserve at Twin Peaks Specific Plan. d. Surrounding Subdivisions and Development Plans Oasis Hills and Casas de Migel subdivisions are within a mile of the property. e. Surrounding Architectural Styles Surrounding architectural styles are typical of most unplanned development in Pima County, which is a mix of contemporary southwestern homes and manufactured housing. 4. Location and ownership of wells/well sites within 100 feet of site According to ADWR, one well exists on-site: 55-635716. One well exists within 100 feet of the project boundary: 55-591405 and numerous private wells exist further away in the surrounding areas of unplanned development. Marana Regular Council Meeting 04/04/2017 Page 128 of 219 Marana Regular Council Meeting 04/04/2017 Page 129 of 219 Marana Regular Council Meeting 04/04/2017 Page 130 of 219 Marana Regular Council Meeting 04/04/2017 Page 131 of 219 Marana Regular Council Meeting 04/04/2017 Page 132 of 219 Marana Regular Council Meeting 04/04/2017 Page 133 of 219 Marana Regular Council Meeting 04/04/2017 Page 134 of 219 B. Topography and Slope 1. Topographic Characteristics The topography of the subject properties is characterized by relatively flat terrain. The subject properties generally slope evenly from northeast to southwest. Elevations range from approximately 2,380 feet above sea level at the northeast corner to 2,330 feet above sea level at the southwest corner of the subject properties. The site does not contain any hillside conservation areas, rock outcrops, slopes of 15% or greater, or other significant topographic features. 2. Pre-Development Slope a. Average Cross-Slope The pre-development average cross-slope for the subject properties is approximately 5.7 percent, according to the following formula: C = Contour Interval L = Length of Topographic Contours A = Acreage of Site ( C x L x 0.0023 ) / A = Average Cross Slope (1’ x 82,410' x 0.0023) / 33.4 = 5.7% b. Average Overall Slope The pre-development properties’ average overall slope is 2.6% from the northeast corner to the southwest corner of the project boundary. Marana Regular Council Meeting 04/04/2017 Page 135 of 219 Marana Regular Council Meeting 04/04/2017 Page 136 of 219 C. Hydrology 1. Off-site Features Affecting Site Upstream of the site, the low density or underdeveloped nature of existing development allows most drainage to flow naturally. Drainage in the area is typically concentrated within the numerous braided washes crisscrossing the Tortolita Fan. Drainage flows over the subject property and through two (2) existing drainage structures along Twin Peaks Road. Drainage then continues downstream of the subject properties in the same manner that is exhibited in the upstream watershed. 2. Acreage of Upstream Offsite Watersheds The off-site watershed affecting this property is approximately 150 acres with an overall downward slope of approximately 1.5% from the top of the watershed to the subject property. 3. On-site Hydrology Characteristics a. 100- CFS Estimated 100-year floodplains are shown on Exhibit H: On-Site Hydrology/FEMA Floodplain. b. Areas of sheet flooding and average depths There are no areas of sheet flooding onsite. c. Federally mapped floodways and floodplains Federally mapped floodplains exist on-site, but are avoided (See FEMA FIRM Map Panel 1065 of 4750, Map Number 04019C1065L and Exhibit H: On-Site Hydrology\FEMA Floodplain). d. 100-Year Floodplains with Peak Discharges > 50 CFS Estimated 100-year floodplains with discharges are shown on the following exhibit (Exhibit H: On-Site Hydrology\FEMA Floodplain). 4. Existing Drainage Conditions along the Downstream Property Boundary See Part 1, above. Marana Regular Council Meeting 04/04/2017 Page 137 of 219 Marana Regular Council Meeting 04/04/2017 Page 138 of 219 D. Vegetation 1. On-site Vegetative Communities Site vegetation substantially consists of undisturbed Arizona Upland Sonoran Desert Scrub Biotic Community. The dominant plant association is the Paloverde-mixed cacti community. Species include mesquite, acacia, ironwood, foothills paloverde, creosote bush, and ocotillo, prickly pear, and fishhook barrel cactus. A large number of mature saguaro exists within the subject site. 2. Significant, Threatened, or Endangered Flora Illustrated on the significant vegetation exhibit. No threatened or endangered flora are known to exist on site. 3. Vegetative Densities Vegetative density of the subject site is approximately 30 percent plant cover. Marana Regular Council Meeting 04/04/2017 Page 139 of 219 Marana Regular Council Meeting 04/04/2017 Page 140 of 219 E. Wildlife 1. Arizona Game and Fish Department Input The Arizona Game and Fish Department’s online review tool has been completed, and the Environmental Review report, dated May 4, 2016, states that their most current records indicate the presence of federally listed species within a 3-mile radius of the project boundary along with an identified wildlife corridor. Proper steps will be taken during development to mitigate the occurrence of any listed fauna, should they be found onsite. Marana Regular Council Meeting 04/04/2017 Page 141 of 219 Exhibit J: AZGFD Report Marana Regular Council Meeting 04/04/2017 Page 142 of 219 Exhibit J: AZGFD Report (cont’d) Marana Regular Council Meeting 04/04/2017 Page 143 of 219 Exhibit J: AZGFD Report (cont’d) Marana Regular Council Meeting 04/04/2017 Page 144 of 219 Exhibit J: AZGFD Report (cont’d) Marana Regular Council Meeting 04/04/2017 Page 145 of 219 Exhibit J: AZGFD Report (cont’d) Marana Regular Council Meeting 04/04/2017 Page 146 of 219 Exhibit J: AZGFD Report (cont’d) Marana Regular Council Meeting 04/04/2017 Page 147 of 219 Exhibit J: AZGFD Report (cont’d) Marana Regular Council Meeting 04/04/2017 Page 148 of 219 Exhibit J: AZGFD Report (cont’d) Marana Regular Council Meeting 04/04/2017 Page 149 of 219 Exhibit J: AZGFD Report (cont’d) Marana Regular Council Meeting 04/04/2017 Page 150 of 219 Exhibit J: AZGFD Report (cont’d) Marana Regular Council Meeting 04/04/2017 Page 151 of 219 Exhibit J: AZGFD Report (cont’d) Marana Regular Council Meeting 04/04/2017 Page 152 of 219 F. Soils and Geology 1. Soils The National Resources Conservation Service notes the subject property as “ Hayhook- Sahuarita Complex 1 to 5 percent slopes, Palos Verdes-Jaynes Complex 2 to 8 percent slopes, Hayhook Sandy Loam 1 to 5 percent slopes.” These designations are typical of the Tortolita Fan area and are characterized by well- draining sandy soil on the surface, with gravelly soil several feet below. Detailed geotechnical investigation will be performed prior to development. 2. Geology The project lies within the Tortolita Fan area, which falls into the Santa Cruz River basin valley. The US Geological Survey further describes this area as, “QTa: Alluvium & Sedimentary Rock. Unconsolidated to well-consolidated and caliche – cemented sand, silt, and gravel and dissected basin-fill deposits of conglomerate, sandstone, and siltstone with minor lacustrine rocks.” G. Viewsheds 1. Viewsheds from Adjacent Properties Primary views of the Tortolita Mountains to the north and Pusch Ridge and Catalina Mountains to the east. Development of the subject property will not block these views for the existing homes in the area. (See Exhibit M: Viewsheds for more information.) 2. Site Visibility Views into the subject site are somewhat restricted due to existing vegetation and the relatively even and flat nature of the topography that typifies the area. Marana Regular Council Meeting 04/04/2017 Page 153 of 219 Marana Regular Council Meeting 04/04/2017 Page 154 of 219 Marana Regular Council Meeting 04/04/2017 Page 155 of 219 Photo #1 Photo #2 Marana Regular Council Meeting 04/04/2017 Page 156 of 219 Photo #3 Photo #4 Marana Regular Council Meeting 04/04/2017 Page 157 of 219 Photo #5 Photo #6 Marana Regular Council Meeting 04/04/2017 Page 158 of 219 Photo #7 Photo #8 Marana Regular Council Meeting 04/04/2017 Page 159 of 219 Photo #9 Photo #10 Marana Regular Council Meeting 04/04/2017 Page 160 of 219 Photo #11 Photo #12 Marana Regular Council Meeting 04/04/2017 Page 161 of 219 Photo #13 Photo #14 Marana Regular Council Meeting 04/04/2017 Page 162 of 219 Photo #15 Photo #16 Marana Regular Council Meeting 04/04/2017 Page 163 of 219 Photo #17 Photo #18 Marana Regular Council Meeting 04/04/2017 Page 164 of 219 Photo #19 Photo #20 Marana Regular Council Meeting 04/04/2017 Page 165 of 219 Photo #21 Photo #22 Marana Regular Council Meeting 04/04/2017 Page 166 of 219 Photo #23 Photo #24 Marana Regular Council Meeting 04/04/2017 Page 167 of 219 H. Traffic 1. Existing / Proposed Off-site Streets between the Development and Nearest Arterial Streets The development has one entry, which is onto Twin Peaks Road. Now that Twin Peaks Road has been improved, the 2040 P.A.G. Regional Transportation Plan proposes no additional improvements within a mile of the project, and the existing arterial roadway system has ample capacity to support this project. 2. Nearby Arterial Streets All traffic generated by this project will be accommodated by Twin Peaks Road. An analysis of capacity has been prepared by Southwest Traffic Engineering. (See Exhibit V: Circulation Concept Plan & Appendix A: Traffic Impact Analysis) Twin Peaks Road 150 foot Right-of-Way Four lane divided roadway with bicycle lanes and landscaped median 45 MPH speed limit Large wash channeled underneath road via culverts at intersection with Camino de Mañana. 3. Nearby Arterial Intersections Arterial intersections within one mile of the site that will likely carry traffic generated by this development include Twin Peaks Road and Camino de Mañana, and Camino de Mañana and Camino de Oeste. 4. Nearby Bicycle / Pedestrian Ways A shared-use path, a sidewalk, and multi-use lanes are provided alongside the nearby Twin Peaks Road. I. Recreation and Trails 1. Trails, parks and recreation areas within one mile of site. No existing parks are within one mile of the project site. There are proposed recreation areas within two recently approved Specific Plans just north of the subject property. The surrounding area currently contains passive recreational opportunities, including open space areas and the shared use path along Twin Peaks Road. This residential development project will provide an easement for a linkage to the regional trail network. (See Exhibit M: Trails for more information.) This project supports the goals of the Pima County Trail System Master Plan and the Town of Marana Parks, Recreation, Trails, and Open Space Master Plan by connecting to the existing Twin Peaks Road trail system. Two regional or district parks with a combined area of 72.8 acres have been planned but not yet developed at the nearby Cascada subdivision development. This is in addition to the several neighborhood parks within the Cascada development. Marana Regular Council Meeting 04/04/2017 Page 168 of 219 Marana Regular Council Meeting 04/04/2017 Page 169 of 219 J. Cultural, Archaeological, and Historic Resources 1. On-site Resources Minimal, see below. 2. Archaeologist Letter According to Bowers Environmental three sites where documented in the project boundary. Each of the sites is historic in age and likely dates to the 1940s and 1950s. Both have been evaluated in terms of ARHP and NRHP criteria. Research regarding these historic sites does not suggest that they are associated with a significant person or important historical events. The sites do not appear to embody distinctive characteristics or artistic values that would make them exceptional or a unique type. The sites are in poor to fair condition, lack any architectural distinction in terms of design, materials or craftsmanship. Accordingly, MCA Consulting recommends that these three sites are not eligible for inclusion on either the Arizona or National Register of Historic Places. (See Exhibit N: Archaeological Survey Summary) Marana Regular Council Meeting 04/04/2017 Page 170 of 219 Exhibit N: Archaeological Survey Summary Marana Regular Council Meeting 04/04/2017 Page 171 of 219 Exhibit N: Archaeological Survey Summary (cont’d) Marana Regular Council Meeting 04/04/2017 Page 172 of 219 K. Existing Infrastructure and Public Facilities 1. Sewer The Twin Peaks corridor, including this property, is tributary to Pima County’s Ina Road wastewater treatment plant. The project will connect to the Pima County Regional Wastewater Reclamation Department sewer system near the intersection of Linda Vista Road and Blue Bonnet Road. Capacity has been confirmed for two projects in the area (The Preserve at Twin Peaks and Twin Peaks Vista) and we are currently working with Pima County Regional Wastewater Reclamation Department to connect this project at the intersection mentioned above. 2. Water This project is within the Town of Marana water servic e area. A 16” water main exists within the Twin Peaks Road right-of-way, but is within the wrong water pressure zone to serve this project. The planned Blue Bonnet reservoir and booster station are to be constructed by others. This project will connect to the Marana Water system once the booster station is operational. 3. Natural Gas The property is located within the Southwest Gas service area. 4. Electric The property is located within the TRICO Electric service area and electric lines are currently located in the southwest corner of the project boundary along Decker Dr. 5. Fire Service The property has been annexed into the Mountain Vista Fire District, which has indicated that they may locate a new facility in the area in the future, but at this point are unsure. The nearest fire station is at Shannon and Overton. 6. Police Service The property is located within the Town of Marana Police service area and will be providing service. Marana Regular Council Meeting 04/04/2017 Page 173 of 219 Marana Regular Council Meeting 04/04/2017 Page 174 of 219 Exhibit P: Sewer Capacity Letter Marana Regular Council Meeting 04/04/2017 Page 175 of 219 Marana Regular Council Meeting 04/04/2017 Page 176 of 219 Marana Regular Council Meeting 04/04/2017 Page 177 of 219 Marana Regular Council Meeting 04/04/2017 Page 178 of 219 Marana Regular Council Meeting 04/04/2017Page 179 of 219 Marana Regular Council Meeting 04/04/2017 Page 180 of 219 Marana Regular Council Meeting 04/04/2017 Page 181 of 219 Marana Regular Council Meeting 04/04/2017 Page 182 of 219 3. Electric Electric service will come from Trico Electric Cooperative, Inc. (TRICO). The power source will come from TRICO’s main feeder line along the east side of Twin Peak’s Road. This feeder line exists along the project’s western edge. There are also several points along the eastern edge to tie into the electrical infrastructure, if needed. 4. Natural Gas Southwest Gas will supply natural gas services to the proposed development. The closest existing gas facility exists at the intersection of Oasis Road and Quail Lane. The main will be extended if needed by the homebuilder. 5. Telecommunications The project is within the TRICO, Comcast, and CenturyLink service areas. Telecommunication service is proposed from these providers. L. Public Service Impacts 1. Police The project is within Marana’s town limits, and law enforcement jurisdiction. As a relatively low density residential project, impacts to Marana’s police services are expected to be minimal. 2. Fire This project will be served by the Mountain Vista Fire District. Trash and Recycling The Town of Marana does not provide trash and recycling services. The project’s homeowners association will contract with a private solid waste pick-up provider. 3. Schools The Marana Unified School District uses a student generation factor of 0.25 per home for elementary students and 0.1 per home for secondary students. This project’s anticipated 58 homes would have an impact of 15 elementary students and 6 secondary students. De Grazia Elementary, Tortolita Middle School and Mountain View High School all have capacity to absorb this number of students. See attached letter from Marana Unified School District, which confirms that capacity exists for more houses than are currently proposed within this development. Marana Regular Council Meeting 04/04/2017 Page 183 of 219 Exhibit U: MUSD Letter Marana Regular Council Meeting 04/04/2017 Page 184 of 219 M. Recreation and Trails Much of the development’s open space will be owned and maintained by the HOA. The active space is a neighborhood park in the central portion of the property, providing easy access to all residents of this project through the internal sidewalk and trail network. This park is expected to be the recreation focal point of the neighborhood due to its central location within the project, as well as connectivity to the regional trail system. All plants shall be on an underground drip irrigation system. If turf is used, it must be irrigated from a secondary non-potable source as long as the non-potable source is available at the boundary of the project at the time that of development. These actions meet the recommendations in the Town of Marana’s Parks, Recreation, Trails, and Open Space Master Plan and the Marana 2010 General Plan. Along with the open space, there will also be a trail network located within and along the eastern and southern boundary of the project site. The trails within the project site will be private and the trails located along the eastern and southern boundaries will be public to allow access to the existing trails and shared- use paths in the area. See Exhibit: S N. Cultural, Archaeological, and Historic Resources Three historic period archaeological sites and six isolated occurrences of artifacts were recorded within the area of potential effects. All of these cultural resources are recommended as not eligible for inclusion on the Arizona and National Register of Historic Places. Accordingly, there are no historic properties affected in the project. No further treatment is recommended for the sites or isolates recorded in the project. See Exhibit N: Archaeological Survey Summary. Marana Regular Council Meeting 04/04/2017 Page 185 of 219 Marana Regular Council Meeting 04/04/2017 Page 186 of 219 (This page intentionally blank) Marana Regular Council Meeting 04/04/2017 Page 187 of 219 IV. Bibliography Cascada North Specific Plan. Presidio Engineering, Inc., 2011 Flood Insurance Rate Map Panel 1065 of 4750. Map. Washington DC: Federal Emergency Management Agency, 2011. Pima County MapGuide. Map. Pima County Geographic Information Systems, 2016. http://gis.pima.gov/maps/mapguide/ Town of Marana Utilities Department. Camino de Manana 16” Public Z -Zone Watermain. Map. Marana: WestLand Resources, Inc., 2009. Town of Marana 2010 General Plan. Town of Marana: 2010. Twin Peaks Corridor Study. Town of Marana: 2014. Marana Regular Council Meeting 04/04/2017 Page 188 of 219 (This page intentionally blank) Marana Regular Council Meeting 04/04/2017 Page 189 of 219 V. Appendix A – Traffic Impact Statement Marana Regular Council Meeting 04/04/2017 Page 190 of 219 Marana Regular Council Meeting 04/04/2017 Page 191 of 219 Fausto Burruel 16 August 2016 Page 2 at Twin Peaks Road. The roadway extends to the north ending at Potvin Lane where traffic must turn to the west onto a graded unpaved roadway. The intersection of Decker Drive/Twin Peaks Road is an un-signalized “T” intersection that is STOP sign controlled on the eastbound approach from Decker Drive, while the northbound and southbound approaches on Twin Peaks Road are free flow. Eastbound traffic on Decker Drive is provided with a single shared left turn/right turn lane. Northbound traffic on Twin Peaks Road is provided with an exclusive left turn lane and two through lanes while southbound vehicles are offered an exclusive U-turn only lane (future left turn lane), a single through lane and a shared through/right turn lane. A paved multi-use path crosses the west leg of the intersection where pedestrian ramps are provided however there are no striped crosswalks on any of the intersection approaches. Proposed Access Access to the Twin Peaks 34 project will be provided by a new access point, located along the east side of Twin Peaks Road. This proposed access point will serve as the new east leg of the existing intersection of Decker Drive/Twin Peaks Road. The new westbound approach to the intersection of Decker Drive/Twin Peaks Road will provide a single shared left turn/through/right turn lane for westbound traffic exiting the site. Northbound and southbound traffic entering the project site from Twin Peaks Road will be offered an exclusive left turn lane, a single through lane and a shared through/right turn lane. Trip Generation Trip generation for the project was developed utilizing nationally agreed upon data contained in the Institute of Transportation Engineers (ITE) publication Trip Generation, 9th Edition, 2012. Trip generation was estimated for the construction of fifty-eight (58) single family homes based on ITE Land Use Code 210, Single-Family Detached Housing. The result of the weekday trip generation for the proposed project is shown below in Table 1. The complete trip generation calculations can be found attached to this TIS. Table 1 – Weekday Site Generated Trips Average Daily, Inbound (vtpd) 277 Average Daily, Outbound (vtpd) 277 Total Daily 554 AM Peak Hour, Inbound (vtph) 11 AM Peak Hour, Outbound (vtph) 33 Total AM Peak 44 PM Peak Hour, Inbound (vtph) 37 PM Peak Hour, Outbound (vtph) 21 Total PM Peak 58 Time Period Single-Family Detached Housing vtpd - vehicle trips per day, vtph - vehicle trips per hour Marana Regular Council Meeting 04/04/2017 Page 192 of 219 Fausto Burruel 16 August 2016 Page 3 As shown in Table 1, the proposed Twin Peaks 34 project is projected to generate forty-four (44) additional vehicle trips during the weekday AM peak hour and fifty-eight (58) additional vehicle trips during the weekday PM peak hour. The limited number of total site generated trips is not expected to have any significant impact on the surrounding roadway network. Trip Distribution and Assignment Trip distribution for the project was based on direction from the Town of Marana. In order to form a basis for analysis of the project impacts, weekday AM and PM peak hour turning movement counts were conducted at the intersections of Decker Drive/Twin Peaks Road. The weekday turning movement counts were conducted from 7:00 AM to 9:00 AM and 4:00 PM to 6:00 PM in May 2016. The complete traffic count data can be found attached to this letter. Figure 3, which is also attached to the end of this letter, shows the weekday trip distribution for the project as a percentage of net new primary trips and shows the assignment of the new site generated peak hour trips to the to the adjacent roadway system. Turn Lane Analysis A key element of this study is to determine if left and right turn lanes are required at the intersection that will directly serve the project site. The Pima County Traffic Impact Studies/Traffic Memoranda Procedures provides warrants for the inclusion of left and right turn lanes at un-signalized intersections based on speed limit, through traffic volume and turning traffic volume during the peak hour. When needed, turn lanes remove the slowing turning traffic from the through traffic stream, improving capacity and reducing rear-end accidents. Table 2 shows the location that was evaluated for turn lanes. Table 2 – Turn Lane Warrants Intersection Direction Turn Treatment Analyzed Turn Treatments Warranted? Decker Drive/Twin Peaks Road Northbound Right Turn Lane Yes Decker Drive/Twin Peaks Road Southbound Left Turn Lane Yes Based on the new site generated PM peak hour traffic volumes with the project, an auxiliary southbound left turn lane and northbound right turn lane are warranted to serve the project traffic at the intersection of Decker Drive/Twin Peaks Road. Another key element of this turn lane analysis is to determine the storage length required for the warranted turn lanes. Marana Regular Council Meeting 04/04/2017 Page 193 of 219 Fausto Burruel 16 August 2016 Page 4 The queue storage requirements for the area roadways were calculated using the following methods as recommended in A Policy of Geometric Design of Highways and Streets (AASHTO, 2011). For un-signalized intersections, storage for vehicles likely to arrive in an average two-minute period within the peak hour should be provided. Vehicles per 2 min. period = (vehicles/hour)(30 periods/hour) Storage length = vehicles per 2 min. period x 25 feet Table 3 shows the calculated queue lengths based on site generated PM peak hour traffic volumes with the project. The computed values are typically rounded up to the nearest 25 feet. Complete storage length calculations can be found in the Appendix. Table 3 – Queue Storage NB SB EB WB NB SB EB WB Decker Drive/Twin Peaks Road Turning Volume (vph) 7 30 Scalculated = 6 25 Srounded = 25 25 Intersection Left Turn Storage Right Turn Storage S - storage in feet, vph - vehicles per hour As presented in Table 3, the intersection of Decker Drive/Twin Peaks Road requires 25 feet of storage for the northbound right turn movement and for the southbound left turn movement into the project site. The existing 150’ southbound left turn lane on Twin Peaks Road is expected to be able to accommodate the predicted vehicle queue length for the southbound left turning movements. A minimum queue storage length of 25 feet is recommended for the new northbound right turn lane into the project site to adequately store the predicted queue length associated with the site generated traffic volumes. Conclusion As shown in Table 1, the proposed Twin Peaks 34 development is projected to generate forty-four (44) additional vehicle trips during the weekday AM peak hour and fifty-eight (58) additional vehicle trips during the weekday PM peak hour. This limited number of trips is not expected to have any significant impact on the surrounding roadway network. A new southbound left turn lane is warranted to serve the project traffic at the intersection of Decker Drive/Twin Peaks Road based on the site generated PM peak hour traffic volumes with the project. With approximately 150 feet of storage within the existing southbound left turn lane on Twin Peaks Road, there will be sufficient space to store the predicted queues associated with the southbound left turning movements into the project site. Marana Regular Council Meeting 04/04/2017 Page 194 of 219 Marana Regular Council Meeting 04/04/2017 Page 195 of 219 Figure 1 – Vicinity Map Marana Regular Council Meeting 04/04/2017 Page 196 of 219 Single-Family Detached Housing LAND USE: 58 Dwelling Units Single-Family Detached Housing TRIP GENERATION CALCULATIONS ARE BASED ON THE INSTITUTE OF TRANSPORTATION ENGINEERS' TRIP GENERATION, 9TH EDITION. THE ITE LAND USE CODE IS Single-Family Detached Housing (210) WEEKDAY Rate = 9.52 Trips per Dwelling Unit (DU) T = 9.52 Trips x 58 DU T = 554 VPD ENTER: (0.5)*(554) =277 VPD EXIT: (0.5)*(554) =277 VPD AM PEAK HOUR (ONE HOUR BETWEEN 7 AND 9 AM) Rate = 0.75 Trips per Dwelling Unit (DU) T = 0.75 Trips x 58 DU T = 44 VPH ENTER: (0.25)*(44) =11 VPH EXIT: (0.75)*(44) =33 VPH PM PEAK HOUR (ONE HOUR BETWEEN 4 AND 6 PM) Rate = 1 Trips per Dwelling Unit (DU) T = 1 Trips x 58 DU T = 58 VPH ENTER: (0.63)*(58) =37 VPH EXIT: (0.37)*(58) =21 VPH *where, T = trip ends TRIP GENERATION SUMMARY WEEKDAY 554 VPD AM PEAK HOUR (ONE HOUR BETWEEN 7 AND 9 AM) 44 VPH PM PEAK HOUR (ONE HOUR BETWEEN 4 AND 6 PM) 58 VPH Marana Regular Council Meeting 04/04/2017 Page 197 of 219 Intersection Turning Movement Prepared by: 010 N 44012AM MD PM TOTAL TOTAL AM MD PM 139 65110 2 1195 722 409 1131 2 0 0001 MD000 AM 700AM - NOON - PM 400PM - AM PEAK HOUR NOON PEAK HOUR PM PEAK HOUR TUESDAY Day Decker Dr. & Twin Peaks Rd. 16-1182-001 CONTROL 1 Way Stop SB (Intersection Name) TURNING MOVEMENT COUNT LOCATION #: Project #: 16-1182-001 0 Decker Dr.Twin Peaks Rd. 710 MD PM26TOTAL MD0500Decker Dr.0 APPROACH LANES000000PMAMTMC SUMMARY OF Decker Dr. & Twin Peaks Rd. Twin Peaks Rd.APPROACH LANES0APPROACH LANESAPPROACH LANES 11 485 AM7180TOTAL028 445 PM 05/10/2016 715 AM 900AM Date 600PM COUNT PERIODS Marana Regular Council Meeting 04/04/2017 Page 198 of 219 Intersection Turning Movement Prepared by: N-S STREET: DATE: LOCATION: E-W STREET: DAY: PROJECT# NL NT NR SL ST SR EL ET ER WL WT WR TOTAL LANES:000010120120 6:00 AM 6:15 AM 6:30 AM 6:45 AM 7:00 AM 00030101113001790306 7:15 AM 0002071139002131363 7:30 AM 0003075111001732301 7:45 AM 00000103102001632280 8:00 AM 0000022133001731311 8:15 AM 0001031108001141228 8:30 AM 00020649000980200 8:45 AM 00010318000970182 9:00 AM 9:15 AM 9:30 AM 9:45 AM 10:00 AM 10:15 AM 10:30 AM 10:45 AM 11:00 AM 11:15 AM 11:30 AM 11:45 AM TOTAL NL NT NR SL ST SR EL ET ER WL WT WR TOTAL Volumes 0 0 0 12 0 48 18 876 0 0 1210 7 2171 Approach % #### #### #### 20.00 0.00 80.00 2.01 97.99 0.00 0.00 99.42 0.58 App/Depart 0 / 25 60 / 0 894 / 888 1217 / 1258 715 AM PEAK Volumes 0005026114850072261255 Approach % #### #### #### 16.13 0.00 83.87 2.22 97.78 0.00 0.00 99.18 0.82 PEAK HR. FACTOR:0.864 32.398012, -111.084168 1 Way Stop (SB) COMMENT 1: GPS: CONTROL: 0.775 AM Peak Hr Begins at: 0.850 WESTBOUND NORTHBOUND SOUTHBOUND EASTBOUND 0.8860.000 05/10/2016 MaranaDecker Dr. Twin Peaks Rd. 16-1182-001TUESDAY veracity grouptraffic Marana Regular Council Meeting 04/04/2017 Page 199 of 219 Intersection Turning Movement N-S STREET: DATE: LOCATION: E-W STREET: DAY: PROJECT# NL NT NR SL ST SR EL ET ER WL WT WR TOTAL LANES:000010120120 1:00 PM 1:15 PM 1:30 PM 1:45 PM 2:00 PM 2:15 PM 2:30 PM 2:45 PM 3:00 PM 3:15 PM 3:30 PM 3:45 PM 4:00 PM 00000410154001032273 4:15 PM 000003015700922254 4:30 PM 0003074148001090271 4:45 PM 000407916600731260 5:00 PM 0000025172001093291 5:15 PM 0001036169001171297 5:30 PM 0002068203001100329 5:45 PM 000001211600642185 6:00 PM 6:15 PM 6:30 PM 6:45 PM TOTAL NL NT NR SL ST SR EL ET ER WL WT WR TOTAL Volumes 0 0 0 10 0 33 44 1285 0 0 777 11 2160 Approach % #### #### #### 23.26 0.00 76.74 3.31 96.69 0.00 0.00 98.60 1.40 App/Depart 0 / 55 43 / 0 1329 / 1295 788 / 810 445 PM PEAK Volumes 0007018287100040951177 Approach % #### #### #### 28.00 0.00 72.00 3.79 96.21 0.00 0.00 98.79 1.21 PEAK HR. FACTOR:0.894 GPS:32.398012, -111.084168 0.568 0.874 CONTROL:1 Way Stop (SB) COMMENT 1:0 Marana PM Peak Hr Begins at: 0.877 WESTBOUND NORTHBOUND SOUTHBOUND EASTBOUND 0.000 Decker Dr. 05/10/2016 Twin Peaks Rd. TUESDAY 16-1182-001 veracity grouptraffic Marana Regular Council Meeting 04/04/2017 Page 200 of 219 Ne w Ac c e s s Twi n Peaks R oa dDecker DriveFigure 3: Distribution/Assignment LEGEND: XX = Weekday AM Peak Hour (XX) = Weekday PM Peak Hour Vehicle Trips Per Hour EXISTING ROAD 1 20%80%7 ( 4 ) 2 6 ( 1 7 )(30) 83 (7)1 NEW ACCESS Marana Regular Council Meeting 04/04/2017 Page 201 of 219 Un-Signalized Intersection (Left Turn Lane) Location:Decker Drive/Twin Peaks Road Approach/Leg:Southbound V = vehicles per hour PM Peak Hour V = 7 vph S = Storage = (V *2 min* 25 ft/veh)/60 min/hr S (ft) = 7 vph*(2 min)*(25 ft/veh) = 6 feet (60 min/hr) Minimum Recommended Storage: 25 feet Un-Signalized Intersection (Right Turn Lane) Location:Decker Drive/Twin Peaks Road Approach/Leg:Northbound V = vehicles per hour PM Peak Hour V = 30 vph S = Storage = (V *2 min* 25 ft/veh)/60 min/hr S (ft) = 30 vph*(2 min)*(25 ft/veh) = 25 feet (60 min/hr) Minimum Recommended Storage: 25 feet Marana Regular Council Meeting 04/04/2017 Page 202 of 219 Marana Regular Council Meeting 04/04/2017 Page 203 of 219 Marana Regular Council Meeting 04/04/2017 Page 204 of 219 Twin PeaksTIS dated 23 May 2016Comment Resolution 6/26/2016Item No. Page No. Reviewer Code Comment ResponseTown of Marana1 General Fausto Burruel AThe proposed trip distribution showing 56% north and 48% does not reflect the anticipated trip distribution from the development. An accepted traffic study located approximately ¾ miles south of your development indicates a distribution of 15% north, 80% south, and 5% eastbound. The Twin Peaks 34 distribution should be approximately an 85/15 or 80/20 split with the majority of the traffic being southbound.The trip generation in the traffic impact statement (TIS) has been updated.2 General Fausto Burruel A The turn lane analysis should be re-evaluated based on the new trip distribution. Analysis has been updated. See revised TIS.A - Will ReviseB - Consultant to EvaluateC - Marana to EvaluateD - See ResponsePage 1 of 1P:\projects 2016\16055 - twin peaks 34 (marana)\correspond\review comments\tp com res 160626.xlsxMarana Regular Council Meeting 04/04/2017Page 205 of 219 VI. Appendix B – Site Resource Inventory Marana Regular Council Meeting 04/04/2017 Page 206 of 219 Marana Regular Council Meeting 04/04/2017 Page 207 of 219 Marana Regular Council Meeting 04/04/2017 Page 208 of 219 Marana Regular Council Meeting 04/04/2017 Page 209 of 219 00051640.DOCX /1 Marana Resolution No. 2017-029 - 1 -3/27/2017 2:38 PM MARANA RESOLUTION NO. 2017-029 RELATING TO ECONOMIC DEVELOPMENT; EXTENDING AND EXPANDING THE MARANA JOB CREATION INCENTIVE PROGRAM WHEREAS A.R.S. § 9-500.11 authorizes the Town to make expenditures in support of economic development; and WHEREAS the Mayor and Council originally adopted the Marana Job Creation Incentive Program on May 4, 2010 by the adoption of Resolution No. 2010-044; and WHEREAS the Mayor and Council expanded and extended the Marana Job Creation Incentive Program on November 7, 2012 by the adoption of Resolution No. 2012-087; and WHEREAS the Marana Job Creation Incentive Program is currently scheduled to sunset in 2018 in accordance with Section 6 of Resolution No. 2012-087; and WHEREAS the Mayor and Council find that extension and expansion of the Marana Job Creation Incentive Program is appropriate and prudent to address a continuing need to attract job growth and private investment in the town limits; and WHEREAS the Mayor and Council find that, as extended and expanded pursuant to this resolution, the Marana Job Creation Incentive Program will generate more direct and indirect revenue than the cost of the program. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION l. The Marana Job Creation Incentive Program is hereby extended for a period of five years, and shall now apply to any Targeted Employer for which the town issues a certificate of occupancy for the Minimum Construction Requirement on or before June 30, 2023. SECTION 2. The economic incentives authorized by the Marana Job Creation Incentive Program are now expanded by amending Section 2 of Marana Resolution No. 2012-087 as follows (with deletions stricken and additions double-underlined): [Paragraphs A-E unchanged.] F. Public Infrastructure Costs. Actual costs of constructing public infrastructure needed to serve the Targeted Employer’s facilities, including without li mitation the cost of any Town of Marana-adopted development impact fees paid by or on behalf of the Targeted Employer toward public infrastructure. G. F.Other Similar Incentives. Actual costs of any other economic incentive similar to those enumerated in this resolution that the Town Manager approves and the Town Attorney determines is within the town’s legal authority. Marana Regular Council Meeting 04/04/2017 Page 210 of 219 00051640.DOCX /1 Marana Resolution No. 2017-029 - 2 -3/27/2017 2:38 PM SECTION 3. Except as modified by this resolution, the Marana Job Creation Incentive Program adopted by Marana Resolution No. 2012-087 shall remain in full force and effect. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 4th day of April, 2017. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Regular Council Meeting 04/04/2017 Page 211 of 219 Program Contact Curt Woody, Director - Economic Development (520) 382-1900 ~ cwoody@maranaaz.gov ELEMENTS Qualifying employers may request reimbursement for any or all of the following program elements: 1. Employee Relocation Expenses: An allowance of $3,000 per employee-purchased home within the Marana town limits to assist with the cost of relocating employees to a new facility. This reimbursement is also available to any new employee that does not already live in Marana who is hired as part of the employer’s relocation or expansion. of the I-10 Corridor and main arterial roadways within the Marana town limits, including signage, building facade, and landscaping. Allowable projects must conform to Marana Commercial Design Standards and may be in public or private rights-of-way. 3. Student Internship and Training Opportunities: Actual costs of internship and training programs in the employer’s industry for high school and college students who are Marana Residents. 4. Job Training: Actual costs of training programs for new or existing employees, including but not lmiited materials and supplies, and training facility rental. 5. Sustainable Development: Actual costs associated with solar and/or wind energy improvements, low environmental impact development, and other green industry best practices. EMPLOYER QUALIFICATIONS To qualify for the MJCIP, an employer must: 1. Generate a minimum of $24,000 in construction sales tax revenues (approximately equal to a $1 million construction cost investment) in Marana; and 2. Create at least 10 new, permanent, non-construction jobs in Marana which pay at least $40,000 annually; and 3. Be a non-retail enterprise. ADMINISTRATION The MJCIP reallocates construction sales tax revenues received from a new construction or expansion project and makes them available for reimbursement to a qualifying employer. A participating employer must track and document construction sales taxes paid in association with its project. Funding available for reimbursement is limited to the amount collected in construction sales tax revenues by the Town of Marana from an individual Occupancy for the new or renovated structure. All program elements operate on a reimbursement basis. Documentation of allowable expenses must be submitted to the Town in order to receive reimbursement. The goal of the MJCIP is to stimulate the development of sustainable, career-oriented, head-of-household wage jobs and commerce in Marana. The program is designed to encourage both new business attraction and existing business retention, and meet the objectives set forth in the Marana Strategic Plan. GOAL Marana Job Creation Incentive Program (MJCIP) Incentives Established by Marana Resolution 2012-087 (effective Jan. 1, 2013) Marana Regular Council Meeting 04/04/2017 Page 212 of 219 Marana Regular Council Meeting 04/04/2017 Page 213 of 219 Marana Regular Council Meeting 04/04/2017 Page 214 of 219 Marana Resolution No. 2017-030 MARANA RESOLUTION NO. 2017-030 RELATING TO PURCHASING; WAIVING BID PROCEDURES FOR THE PURCHASE OF A USED ANIMAL TRANSPORT VAN AND AUTHORIZING THE FINANCE AND PURCHASING DIRECTOR TO PROCEED WITH A MODIFIED COMPETITIVE PROCUREMENT PROCESS WHEREAS the Town desires to purchase a back-up animal transport vehicle for use by animal control officers in the Community Development and Neighborhood Services Department; and WHEREAS the Finance and Purchasing Director and the Community Development and Neighborhood Services Director believe that it will be advantageous to the Town to purchase the aforementioned vehicle used; and WHEREAS Section 3-4-6(B) of the Marana Town Code provides that upon recommen- dation of the Town Manager, the Town Council may elect to waive bid procedures with respect to the purchase of used equipment; and WHEREAS the Town Manager recommends that the Council waive bid procedures with respect to the purchase of the used animal transport van; and WHEREAS the Mayor and Council of the Town of Marana find that the best interests of the public are served by adoption of this resolution. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Town Council hereby waives bid procedures for the purchase of a used animal transport van and authorizes the Finance and Purchasing Director to proceed with a modi- fied competitive procurement process deemed advantageous to the Town for purchase of the used vehicle. SECTION 2. The Town’s Manager and staff are hereby directed and authorized to unde r- take all other and further tasks required or beneficial to carry out the terms, obligations, and ob- jectives of this resolution. Marana Regular Council Meeting 04/04/2017 Page 215 of 219 Marana Resolution No. 2017-030 PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 4th day of April, 2017. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Regular Council Meeting 04/04/2017 Page 216 of 219 Marana Regular Council Meeting 04/04/2017 Page 217 of 219 Marana Regular Council Meeting 04/04/2017Page 218 of 219 Marana Regular Council Meeting 04/04/2017Page 219 of 219