The URL can be used to link to this page

Home My WebLink About04/17/2007 Council Agenda Packet REGULAR COUNCIL MEETING NOTICE AND AGENDA Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 April 17, 2007, at or after 7:00 p.m. Ed Honea, Mayor Herb Kai, Vice Mayor Council Members Bob Allen Jim Blake Patti Comerford Tim Escobedo Carol McGorray ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA. Revisions to the agenda can occur up to 24 hours prior to the meeting. Revised agenda items appear in italics. AS A COURTESY TO OTHERS. PLEASE TURN OFF OR PUT IN SILENT MODE ALL PAGERS AND CELL PHONES. Welcome to this Marana Council meeting. Regular Council meetings are usually held the first and third Tuesday of each month at 7:00 p.m. at the Marana Town Hall, although the date or time may change, or Special Meetings may be called at other times and/or places. Contact Town Hall or watch for posted agendas for other meetings. This agenda may be revised up to 24 hours prior to the meeting. In such a case a new agenda will be posted in place of this agenda. If you are interested in speaking to the Council during Call to the Public, Public Hearings, or other agenda items, you must fill out a speaker card (located in the lobby outside the Council Chambers) and deliver it to the Town Clerk prior to the convening ofthe meeting. All persons attending the Council meeting, whether speaking to the Councilor not, are expected to observe the Council Rules, as well as the rules of politeness, propriety, decorum and good conduct. Any person interfering with the meeting in any way, or acting rudely or loudly will be removed from the meeting and will not be allowed to return. To better serve the citizens of Marana and others attending our meetings, the Council Chambers are wheelchair and handicapped accessible. Any person who, by reason of any disability, is in need of special services as a result of their disability, such as assistive listening devices, agenda materials printed in Braille or large print, a signer for the hearing impaired, etc., will be accommodated. Such special services are available upon prior request to the Town Clerk at least 10 working days prior to the Council meeting. Copies of the agenda are available the day of the meeting in the lobby outside the Council Chambers or online at www.marana.com. by linking to the Town Clerk page under Agendas, Minutes and Ordinances. For questions about the Council meetings, special services or procedures, please contact the Town Clerk, at 382-1999, Monday through Friday from 8:00 a.m. to 5:00 p.m. Posted no later than April 16, 2007, 7:00 p.m., at the Marana Municipal Complex, the Marana Operations Center and at www.marana.com under Town Clerk, Agendas, Minutes and Ordinances. REGULAR COUNCIL MEETING NOTICE AND AGENDA Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 April 17, 2007, at or after 7:00 p.m. GENERAL ORDER OF BUSINESS REGULAR MEETING A. CALL TO ORDER AND ROLL CALL B. PLEDGE OF ALLEGIANCE AND INVOCATION/MOMENT OF SILENCE C. APPROVAL OF AGENDA D. CALL TO THE PUBLIC At this time any member ofthe public is allowed to address the Town Council on any issue not already on tonight's agenda. The speaker may have up to three minutes to speak. Any persons wishing to address the Council must complete a speaker card located outside the Council Chambers and deliver it to the Town Clerk prior to the commencement of the meeting. Pursuant to the Arizona Open Meeting Law, at the conclusion of Call to the Public, individual members of the council may respond to criticism made by those who have addressed the Council, may ask staff to review the matter, or may ask that the matter be placed on a future agenda. E. PRESENTATIONS: 1. Presentation of the proposed Water Infrastructure Finance Authority (WIFA) funding option for the Silverbell Road Project (Barbara Johnson) ANNOUNCEMENTS/UPDATES PROCLAMATIONS - Arbor Day 2007; 36th Municipal Clerks Week F. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS G. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS H. STAFF REPORTS I. CONSENT AGENDA The Consent Agenda contains items requiring action by the Council which are generally routine items not requiring Council discussion. A single motion will approve all items on the Consent agenda, including any resolutions or ordinances. A Council Member may remove any issue from the Consent agenda, and that issue will be discussed and voted upon separately, immediately following the Consent agenda. REGULAR COUNCIL MEETING NOTICE AND AGENDA Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 April 17 , 2007, at or after 7 :00 p.m. 1. Resolution No. 2007-56: Relating to Water Service; approving and authorizing the execution of the agreement between the Town of Marana and Lennar Community Development, Inc. for construction of water facilities and provision of water utility service for Willow Ridge Commons (Brad DeSpain) 2. Approval of Minutes of the March 6, 2007, March 20, 2007, and April 3, 2007 regular and March 27, 2007 study session minutes. J. COUNCIL ACTION 1. Direction/Action: Relating to streets; approving the aesthetic concept for the Twin Peaks Interchange (Keith Brann) 2. Ordinance No. 2007.10: Relating to Development; amending Section 4 of Ordinance No. 2007.09 (The Villages of Tortolita Specific Plan adopting ordinance) by extending to 60 days the period for Proposition 207 waivers to be signed, returned and recorded; and declaring an emergency. (Frank Cassidy) 3. Presentation: Arizona State Retirement System (Mike Reuwsaat) a. Resolution No. 2007-57: Relating to Employment; authorizing the execution of a Supplemental Retirement Plan with the Arizona State Retirement System; and declaring an emergency (Frank Cassidy) b. Resolution No. 2007-58: Relating to Employment; authorizing the Human Resources Director as the authorized agent to submit to the Arizona State Retirement System Board for approval and execution a plan to provide for the extension of benefits to employees under Title II of the Federal Social Security Act; and declaring an emergency (Frank Cassidy) K. BOARDS, COMMISSIONS AND COMMITTEES L. ITEMS FOR DISCUSSION/POSSIBLE ACTION 1. State Lee:islative Issues: Discussion/Direction/Action regarding all pending bills before the Legislature. (Mike Reuwsaat) M. EXECUTIVE SESSIONS Executive Session pursuant to A.R.S. ~38-431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. REGULAR COUNCIL MEETING NOTICE AND AGENDA Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 April!7, 2007, at or after 7:00 p.m. N. FUTURE AGENDA ITEMS Notwithstanding the mayor's discretion of what items to place on the agenda, if three or more council members request an item to be placed on the agenda, it must be placed upon the agenda for the second regular town council meeting after the date of the request (Marana Town Code, Title 2, Chapter 2-4, Section 2-4-2 B) O. ADJOURNMENT TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: April 17, 2007 AGENDA ITEM: E. TO: MAYOR AND COUNCIL FROM: Barbara F. Johnson, Director or Public Works SUBJECT: Presentation of the proposed Water Infrastructure Finance Authority (WI FA) funding option for the Silverbell Road Project DISCUSSION The Water Infrastructure Finance Authority (WIFA) is an independent agency of the State of Arizona and is authorized to finance the construction, rehabilitation and/or improvement of drinking water, wastewater, wastewater reclamation, and other water quality facilities/projects. Generally, WIF A offers borrowers below market interest on loans for 100 percent of eligible project costs. As a "bond bank," WIF A is able to issue water quality bonds on behalf of communities for basic water infrastructure. Through active portfolio and financial management, WIF A provides significant savings due to lower interest rates and shared/reduced closing costs. WIF A is able to lower a borrower's interest costs to between 70 and 100 percent of WI FA's tax-exempt cost of borrowing. WIF A's principal tools for providing low interest financial assistance include the Clean Water Revolving Fund for publicly held wastewater treatment projects and the Drinking Water Revolving Fund for both publicly and privately held drinking water systems. Both funds are capitalized by contributions from the State and the U.S. Congress. The Silverbell Road Project includes the installation of a new sewer line, and a portion of the cost can be funded by WIF A. A TT ACHMENTS None. RECOMMENDATION This item is for information and direction only. SUGGESTED MOTION No action required. Bluesheet WIF A Silverbell.doc Proclamation Arbor Day 2007 WHEREAS, in 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and WHEREAS, the holiday known as Arbor Day was first observed with the planting of more than one million trees in Nebraska; and WHEREAS, Arbor Day is now observed throughout the nation and the world; and WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, lower our heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife; and WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires and countless other wood products; and WHEREAS, trees in our town increase property values, enhance the economic vitality of business areas and beautify our community; and WHEREAS, trees, wherever they are planted are a source of joy and spiritual renewal. NOW, THEREFORE, the Mayor and Council of the Town of Marana proclaim Arbor Day as Friday, April 27, 2007 Dated this 17th day of April, 2007. ti? f/~ ATTEST: Ed Honea, Mayor . Bronson, Town Clerk Proclamation 36th Municipal Clerks Week WHEREAS, the office of the Municipal Clerk, a time-honored and vital part of local government, exists throughout the world; WHEREAS, the Office of the Municipal Clerk is the oldest among public servants; and WHEREAS, the Office of the Municipal Clerk provides the professional link between the citizens, the local governing bodies and agencies of government at other levels; and WHEREAS, Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all; and WHEREAS, the Municipal Clerk serves as the information center on functions of local government and community; and WHEREAS, Municipal Clerks continually strive to improve the administration of the affairs of the Office of the Municipal Clerk through participation in education programs, seminars, workshops and the annual meetings of their state, province, county and internal professional organizations. NOW, THEREFORE, the Mayor and Council of the Town of Marana proclaim and recognize the week of April 29 through May 5, 2007 Municipal Clerks Week Dated this 17th day of April, 2007. t4! 1-1 ~;) ~ ~...," ~. ~,") ,. '~ , ~.,.~: - .'~ :- ;..,.. '"J/"\ ATTEST: Ed Honea, Mayor THE FOLLOWING STAFF REPORTS ARE ATTACHED TO THE COUNCIL PACKET D Building D Planning D Court D Police D Finance D Public Works D Human Resources D Town Clerk D Marana Chamber of [8J Water Commerce D Parks &. Recreation D Other Town of Marana Water Department Monthly Department Report March 2007 Water Conservation Tip: Familiarize yourself with the settings on your irrigation controller and adjust the watering schedule regularly to comply with seasonal weather conditions. --_......,-........._-~~"'-~.>.-"- MARCH 2007 CUSTOMER INFORMATION 4660 Number of customers billed 122 Number of disconnects 155 Number of new connects 48 Number of new services with meter installation 46,301,353 Total gallons sold 68.08 Acre feet pumped for the Airport, Airline/Lambert, Continental Reserve/ Picture Rocks and Hartman Vistas 80.36 Acre feet of wholesale water purchased (Cortaro Ranch/Oshrin, Falstaff, La Puerta and Marana) DAILY OPERATIONS . 600 Work orders completed 233 Blue Stakes completed 324 Transponders installed Checked all wells and pump stations Read all water meters and repaired radio read devices Took bacteria samples of water system Maintained all sampling in Marana School's water system Inspected all new water lines Completed water audits Changed out meters at Gladden Farms Performed maintenance at Marana Park well Repaired water leak at Airline/Lambert Performed maintenance on meters and valves at La Puerta Removed debris from Airport and cleaned up Airport well Fixed pressure leak at a well-site Worked on leak detection Potholed for utilities at Sandario & Grier Conducted backflow tests for Town of Marana backflows, and fixed backflow at Airport Performed work for power outage at Picture Rocks Painted at Amole Circle Performed clean-up of weeds at wells sites as well as cleaned out meter boxes . . . . . WATER SERVICE AGREEMENTS BEING NEGOTIATED · Sanders Grove (Meritage Homes) Gladden Farms II Villages at Tortolita (Ziprich) Cascada Farm Field Five · Westcor Shopping Center · Marana Spectrum Villas at Sombrero Peak OTHER · Renewable Water Resources are being investigated Non-potable system and storage are in the discussion, and draft almost complete · Effluent and Marana Wastewater Treatment Plant in discussions with Pima County Flowing Wells excess c.A.P. allocation transfer recommendation at Arizona Dept. of Water Resources will be forwarded to Secretary ofInterior/Bureau of Reclamation 1/8/07 · Parker Davis electrical allocation - Recommendation for one megawatt to the Town of Marana Water Dept. was awarded. Contracting in process Modification of Designation of Assured Water Supply has been sent to Arizona Department of Water Resources and AZ DWR has responded, 5 incomplete items which were presented to DWR Service area designations with the AZ DWR in progress We see great cooperation coming forth with public works 2 April 17 , 2007 AGENDA ITEM: TOWN COUNCIL MEETING INFORMATION MEETING DATE: TOWN OF MARANA I. 1 TO: MAYOR AND COUNCIL FROM: C. Brad DeSpain, Utilities Director SUBJECT: Resolution No. 2007-56: Relating to Water Service; approving and authorizing the execution of the agreement between the Town of Marana and Lennar Community Development, Inc. for construction of water facilities and provision of water utility service for Willow Ridge Commons. DISCUSSION Lennar Community Development, Inc. intend to installed on-site and off-site water facilities to provide water service to their property known as Willow Ridge Commons. Pursuant to an agreement between the Town of Marana and Lennar Community Development, Inc., the developer will construct the on-site and off-site water facilities and will pass ownership of these facilities to the Town; the Town will then provide water service to Willow Ridge Commons. A TT ACHMENT(S) Agreement RECOMMENDATION The Utility Commission and Staff recommend approval of the execution of the agreement between the Town of Marana and Lennar Community Development, Inc. for construction of water facilities and provision of water utility service for Willow Ridge Commons. SUGGESTED MOTION I move to adopt Resolution No. 2007-56. BLU Willow Ridge Commons 04/11120071:59 PM APM ~-"".,,,,^..",,,,,-,,",,,;,-,,,,~..,.,.",,,,%- MARANA RESOLUTION NO. 2007-56 RELATING TO WATER SERVICE; APPROVING AND AUTHORIZING THE EXECUTION OF THE AGREEMENT BETWEEN THE TOWN OF MARANA AND LENNAR COMMUNITY DEVELOPMENT, INC. FOR CONSTRUCTION OF WATER FACILITIES AND PROVISION OF WATER UTILITY SERVICE FOR WILLOW RIDGE COMMONS. WHEREAS, Lennar Community Development, Inc., desires to install on-site and off-site water facilities to provide water to Willow Ridge Commons; and WHEREAS, the Town of Marana is willing to provide water service to and within Willow Ridge Commons in accordance with Title 14 of the Marana Town Code and in accordance with the terms of the agreement; and WHEREAS, Lennar Community Development, Inc., agrees to the construction of water facilities for Willow Ridge Commons; and WHEREAS, the Mayor and Council find that the terms and conditions of the agreement are in the best interest ofthe Town. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. . The Agreement for Construction of Water Facilities and Provision of Water Utility Service between the Town of Maran a and Lennar Community Development, Inc., attached as Exhibit A to and incorporated here by this reference, for construction of water facilities, is hereby authorized and approved. SECTION 2. The Mayor is hereby authorized and directed to execute, and the Town Clerk in hereby authorized and directed to attest to, said Exhibit A for and on behalf of the Town of Marana. SECTION 3. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this resolution. .- ,.~ -~"-_.~-~._"-""'_"""",-~---~"",,,-,>,-,,..,.,,,,.;~,.,",-~,,--,,.. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 17th day of April 2007. Ed Honea, Mayor ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney RSO 070417 WSA Willow Ridge Commons Reso 2007- 56 2 APM 04/1112007 TOWN OF MARANA AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES AND PROVISION OF WATER UTILITY SERVICE THIS AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES, entered into as of the _ day , 2007, by and between the TOWN OF MARANA, ARIZONA, an Arizona municipal corporation, (hereinafter referred to as "Marana") and LENNAR COMMUNITY DEVELOPMENT, INC. (hereinafter referred to as the "Developer" or Applicant"), is for the construction of "Water Facilities" necessary to provide water utility service to its property known as WILLOW RIDGE COMMONS, which is more specifically described on Exhibit "A" attached hereto and made a part hereof, (hereinafter the "Property"), on the following terms and conditions: RECITALS WHEREAS, Developer warrants it (i) is legally qualified to do business in the State or Arizona, and (ii) owns the Property which is the subject to this Agreement; and WHEREAS, Developer is desirous of arranging for the provision of water service to and within the Property in connection with development; and WHEREAS, Marana (i) owns and operates a municipal water system, and (ii) is experienced in the provision of water service; and WHEREAS, Marana is willing to supply water to Developer in accordance with the Municipal Code of Marana, and in accordance with the terms of this Agreement. COVENANTS NOW, THEREFORE, in consideration of the Recitals set forth above and the mutual covenants, conditions, and agreements set forth below, the parties agree as follows: 1. DEFINITIONS 1.1 Applicant or Developer: Lennar Community Development, Inc., and its successors and assigns. 1 Willow Ridge Commons WSA 1.2 Property: That certain property or real estate development known as Willow Ridge Commons and as shown on Exhibit "A" attached hereto and made a part hereof. 1.3 Water Facilities: The public water facilities and appurtenances to be constructed under this Agreement and located within public rights-of-way or dedicated easements, and which, upon completion by Developer and inspection and acceptance by Marana, are to be deeded to Marana for operation and maintenance, including but not limited to water mains, valves, pipelines, booster pumps, wells, reservoirs and all other water facilities necessary for service to the Property and appurtenant to the municipal water supply system of Marana. 1.4 Water System: Water Facilities, including water mains, valves, pipelines, booster pumps, wells, reservoirs and all other water facilities and appurtenances necessary for service to the Property and appurtenant to the municipal water supply system of Marana. 2. CONSTRUCTION OF WATER FACILITIES 2.1 Plans and Specifications. Testino and Phasino. Developer shall design and construct, at Developer's own expense, the Water Facilities in accordance with approved Plans and Specifications. The approved Plans and Specifications shall (i) conform to the design standards of the City of Tucson Water Department and the Marana Town Water Code, (ii) be sized to and capable of serving the water needs of the maximum authorized development on the Property (including all commercial and noncommercial development to be served by Marana), and (iii) designate the point of interconnection referred to in Paragraph 2.6 hereof. A copy of said approved On-Site Plans and Specifications for the Water Facilities is attached as Exhibit "B." (a) The Plans and Specifications shall include, at a minimum: (i) Water Production Facilities. Developer shall have conveyed to Marana well number 25 K-1 now belonging to Cortaro Marana Irrigation District (CMID), with a combined production capacity of not less than one thousand eight hundred and fifty (1850) gallons per minute which Developer warrants, equals, or exceeds the water production capacity needed to serve the Property when fully developed. The Developer shall rehabilitate said well to potable water standards as per the ADWR and ADEQ standards. The Developer shall drill one replacement well for CMID of equal or greater capacity to a depth mutually agreed upon in writing (currently estimated at five hundred feet (500') and at least twenty inches (20") in diameter as to such new well(s). In any event, the wells to be conveyed to Marana shall be capable of equaling or exceeding the production capacity specified above. 2 Willow Ridge Commons WSA (ii) Developer shall extend 282 L.F. of eight inch (8") water line from Willow Ridge Commons to the intersection of Sandy Desert and Pima Farms Road thence 728 L.F. of eight inch (8") line westerly along Pima Farms to the existing six inch (6") at St. Patrick and Pima Farms Rd. Well and Water Qualitv Testinq. Developer shall perform well testing conforming to the American Water Works Association Standards (AWWA) for pump tests and shall conduct water quality testing conforming to the standards of the Arizona Department of Environmental Quality (ADEQ) and Pima County of Department of Environmental Quality (PCDEQ) for quality certification of new source wells. (b) 2.2 Plans and Specifications and Water Facilities Approval. The Plans and Specifications for the Water Facilities shall be reviewed and approved in writing by Marana, ADEQ and PCDEQ before issuance of any Water Facilities construction permits by Marana. No work shall commence until Marana has issued a Water Facilities construction permit. The water production and storage facilities as specified in the Plans and Specifications shall be (i) constructed, (ii) issued a certificate to operate by ADEQ or PCDEQ, and (iii) accepted by Marana prior to Marana issuing Developer a Certificate of Occupancy for any residential or commercial unit, subject to the possibility of phasing as provided for in Section 2.1 (c) above. 2.3 Contractor. The Water Facilities shall be constructed by a contractor properly licensed by the state of Arizona and in accordance with Plans and Specifications prepared by a qualified registered professional engineer. The location in the ground and manner of installation shall comply with the requirements of all public agencies having authority to prescribe regulations with respect to the location and manner of installation. 2.4 Permits and Licenses. Applicant shall obtain all necessary permits and licenses, pay all fees and comply with all laws, ordinances and regulations related to the public health, safety, welfare and construction of the Water System. 2.5 Materials. Workmanship. Equipment and Machinerv. All materials shall be new and both the workmanship and materials shall be of good quality and shall meet the combined specifications and standards of (a) AWWA, (b) ADEQ, (c) PCDEQ, (d) all applicable local regulatory agencies, and (e) the plans and specifications incorporated herein by reference in Exhibit "B." Developer shall repair, or remove and replace, at Developer's own expense and at Marana's convenience, workmanship or materials which do not meet the described criteria or which prove to be defective at any time within one year from the date of the final acceptance of Applicant's work by Marana. 2.6 Connectinq New Facilities. Upon completion of the Water Facilities, Developer will dedicate the Water Facilities and Water System to Marana, without cost to Marana, and Marana shall thereafter operate and maintain 3 Willow Ridge Commons WSA the Water Facilities as an integral part of its municipal water utility. The Water Facilities constructed pursuant to this Agreement shall provide a point of connection to Marana's existing water facilities at the point directed by Marana for Service Area requirements. After commencing water service to the Property, for the purposes of this paragraph, the provisions of Marana Code S14-7 and any successor or amendatory provisions are incorporated herein as though set forth in full and Developer, except to the extent to do so would be inconsistent with the provisions thereof, is deemed for the purposes hereof to be the Applicant/Customer/Developer described therein. 2.7 Inspection, Testinq and Correction of Defects. Developer shall comply with the inspection and testing requirements of ADEQ, PCDEQ, and Marana for the facilities to be constructed hereunder, PROVIDED HOWEVER, said requirements shall be reasonable and shall not cause Developer unwarranted delays in the ordinary course of construction. Developer shall promptly notify Marana when the Water Facilities under construction are ready for inspection and testing; and upon 24 hours written notice to Marana, Marana shall immediately thereafter inspect the same promptly after being so notified. For the purpose of inspection and testing of everything covered by this Agreement, or performance of the Work thereon (the "Work"), Developer shall give Marana and any inspectors appointed by it, free access to the construction site and facilitate the proper inspection of such materials, including procurement data, and shall furnish them with full information whenever requested as to the progress of the Work in its various stages. The approval of the Work by any such inspector shall not relieve Developer from its obligation to comply in all respects with the instructions and specifications to make the Work a finished job of its kind, completed in accordance with the best practices. Developer agrees that no inspection by or on behalf of Marana shall relieve Developer from its obligation to do and complete the Work in accordance with this Agreement. If at any time before the final completion and acceptance of the Work, any part of the Work is found to be defective in any way, or in any way fails to conform to this Agreement, Marana is hereby expressly authorized to reject or revoke acceptance of such defective or deficient Work and require Developer to repair, replace, or make good on such defective Work. Marana specifically reserves the right to withhold approval and to forbid connection of the Water Facilities constructed pursuant to this Agreement to Marana's water utility system unless such Water Facilities have been constructed in accordance with the Plans and Specifications approved by Marana and are satisfactory to Marana upon inspection and testing. Developer agrees that it will promptly correct all defects and deficiencies in construction, materials, and workmanship upon request by Marana made subsequent to inspections by Marana. 2.8 Chanqe Orders. In the event that Developer makes (or is desirous of making) any material changes to the design of the Water Facilities which are to be constructed in accordance with the Water Plans referred to in Exhibit "8" to this Agreement, Developer shall (a) obtain Marana's prior written consent to such material changes or modifications, (b) pay to Marana a reasonable fee for its time in reviewing such material changes 4 Willow Ridge Commons WSA '~'~-"""""""_"""""'_~~""""";""'" ~""","",""O"_",~,"'.~,"'.~,,..,.,.",,,.., or modifications, and (c) pay the additional cost of construction associated with the same, if any. 2.9 Invoices. Developer agrees to furnish Marana, within thirty (30) days after completion of construction, copies of all Developer, subcontractor, vendor and all others invoices for all engineering and other services, materials purchased, materials installed, construction performed, equipment provided and all else done directly in connection with construction pursuant to this Agreement at the actual cost thereof. 2.10 Liens. Developer acknowledges its duty to obtain to the satisfaction of Marana lien waivers and releases from all third parties providing labor, materials or services hereunder. Developer hereby irrevocably waives any rights it may now have or which it may acquire during the course of this Agreement to record liens against Marana or its property. Developer shall also pay, satisfy and discharge all mechanics', material men's and other liens, and all claims, obligations and liabilities which may be asserted against Marana or its property by reason of, or as a result of, any acts or omissions of Developer, its employees, agents, servants, suppliers, or subcontractors, or the employees, agents, servants or suppliers of its subcontractors, in connection with or relating to the performance of this Agreement. 2.11 "As-Built" Plans. Developer agrees to furnish Marana, within thirty (30) days after completion of construction, "as-built" drawings in both handwritten and electronic format certified as to correctness by an engineer registered in the State of Arizona showing the locations of all water mains, hydrants, valves, and service connections to all structures served from facilities constructed pursuant to this Agreement. Marana shall have the right to withhold water service to Developer pursuant to this Agreement until this condition is satisfied. 2.12 Risk. Developer shall carry on all activities associated with or comprising the Work required hereunder at its own risk until the Water Facilities are fully completed and accepted by Marana and will, in case of accident, destruction or injury to the work or material before such final completion and of the Water Facilities, replace or repair forthwith the Work or materials so injured, damaged or destroyed, to the satisfaction of Marana and at Developer's own expense. 2.13 Liabilitv. Developer hereby assumes all of the responsibility and liability for injury or death of any person, or loss for damage to any property contributed to or caused by the active or passive negligence of Applicant! Developer, its agents, servants or employees in the execution of and performance of the activities and Work contemplated herein or in connection therewith. Accordingly, Developer will indemnify, appear and defend and hold Marana, and its elected officials, employees, agents and consultants (the "Town") harmless from and against claims, (except and to the extent that the same are caused or contributed to by the Town) or expenses, including penalties and assessments, to which they or any of them may be subject to by reason of such injury, death, loss, claim, penalty, assessment or damage, and in case any suit or other proceeding which shall be brought on account thereof, Developer will assume the 5 Willow Ridge Commons WSA defense of the Town at Developer's expense and will pay all judgments rendered therein. (a) Marana hereby assumes all of the responsibility and liability for injury or death of any person, or loss for damage to any property contributed to or caused by the active or passive negligence of the Town caused by interconnecting the Water Facilities to any off-site water facilities by Marana, and, in that event, Marana will indemnify, appear and defend and hold Developer harmless from and against claims, (except and to the extent that the same is caused or contributed to by Developer, its employees, agents and consultants) or expenses, including penalties and assessments, to which they or any of them may be subject to by reason of such injury, death, loss, claim, penalty, assessment or damage, and in case any suit or other proceeding which shall be brought on account thereof, will pay all judgments rendered therein. 2.13 Insurance. Developer agrees to procure and maintain all of the insurance policies described below and cause Marana to be endorsed as an "additional insured" thereon, including insurance covering the obligations assumed by Developer under subparagraphs (a), (b) and (c) hereof. Such coverages shall be in amounts adequate to cover the risk commensurate with the work to be performed under this Agreement. Certificates evidencing said insurance and status of Marana shall be provided to Marana. (a) Workers' Compensation Insurance. Worker's compensation and occupational disease and disability compensation in the benefit amounts as required by the laws and regulations of the State of Arizona; (b) Liability Insurance. Comprehensive general liability insurance, including operations and protective liability coverages. When the work to be performed requires blasting, Developer's insurance shall specifically cover that risk; and (c) Automobile Insurance. Comprehensive automobile liability insurance covering all owned and non-owned automobiles and trucks used by or on behalf of Developer, in connection with the work. 2.15 Easements. For the purposes of this paragraph, the provisions of Marana Code 914-3-7 and any successor or amendatory provisions are incorporated herein as though set forth in full and Developer, except to the extent to do so would be inconsistent with the provisions thereof, is deemed for the purposes hereof to be the Applicant/Customer/Developer described therein. Developer shall provide to Marana recordable easements and required surveying, over, under, and across all portions of the main and pipeline routes as may be necessary to serve each parcel or lot within the Property. If development of the Property involves road construction, all roads and drainage ways will be brought to grade by Developer prior to the commencement of the installation of the Water Facilities. No pavement or curbs shall be installed prior to completion of the Water Facilities. 6 Willow Ridge Commons WSA 2.16 Service Lines. Valves. Meters and Meter Service. Developer shall install, to Marana specifications, automated meters, sensors, and the other necessary equipment for automated meter reading for all water services on the Property. For the purposes of this paragraph, the provisions of Marana Code 914-3-6 and any successor or amendatory provisions are incorporated herein as though set forth in full and Developer, except to the extent to do so would be inconsistent with the provisions thereof, is deemed for the purposes hereof to be the Applicant/Customer/Developer described therein. 2.17 No Permanent Structures on Easements. No permanent structures (Le., masonry walls, fences, etc.) shall be constructed on or through a water easement without the express written consent of Marana. For the purposes of this paragraph, the provisions of Marana Code 914-3-7 and any successor or amendatory provisions are incorporated herein as though set forth in full and Developer, except to the extent to do so would be inconsistent with the provisions thereof, is deemed for the purposes hereof to be the Applicant/Customer/Developer described therein. 2.18 Title. All materials installed, Water Facilities constructed and equipment provided by Developer in connection with construction of the Water Facilities under this Agreement and the completed facilities as installed shall, upon Marana's written acceptance of the same, become the sole property of Marana, and full legal and equitable title thereto shall then be vested in Marana, free and clear of any liens, without the requirement of any written document of transfer to Marana or further acceptance by Marana. Developer agrees to execute or cause to be executed promptly such documents as legal counsel for Marana may request to evidence such conveyance of good and merchantable title to said Water Facilities free and clear of all liens. 3. COSTS OF CONSTRUCTION OF WATER FACILITIES 3.1 Developer shall, at Developer's sole cost and expense, install all the Water Facilities shown on the approved Plans and Specifications, and shall hold Marana free and harmless from any claim for the construction costs or any defects in such Water Facilities. For the purposes of this paragraph, the provisions of Marana Code 914-4 and 914-5 and any successor or amendatory provisions are incorporated herein as though set forth in full and Developer, except to the extent to do so would be inconsistent with the provisions thereof, is deemed for the purposes hereof to be the Applicant/Customer/Developer described therein. 3.2 Upon request by Marana and direction, Developer shall, at Developer's sole cost and expense, make any and all alterations to any existing water distribution system, either on-site or off-site, necessitated by paving, drainage, or other improvements caused by the development of the Property. 3.3 The Water Facilities shall be transferred to the ownership of Marana upon completion and acceptance by Marana. Developer shall be responsible for all costs of operating, repairing, replacing and maintaining the Water Facilities that exceed the revenues generated through Marana's provision 7 Willow Ridge Commons WSA ^.....,."",...__.,..-"<"";"';..",......,,~.~~."',._...,----~--,....."~...."'" of water service to the Property, until a rate analysis methodology has been adopted, mutually accepted, and performed by Marana showing that the Water Facilities and Water System are financially self-sustaining. Marana shall perform such analysis not less than annually and inform Developer regarding the results thereof. 3.4 Connection and installation fees shall be collected as set forth in Marana Town Code, Section 14-7-2, as amended from time to time; provided, however, in consideration of Developer's construction of the Water Facilities, including installing the meters and service lines as specified in Paragraph 2.1 a hereof, and provided Developer is not in breach of any provision of this Agreement: (a) All cost associated with construction of the items listed in 2.1a shall satisfy the infrastructure impact fee as per the Marana Town Code as adopted by the Mayor and Council. (b) All cost associated with the installation of meters as listed in 2.16 (meter installation) shall be charged at the time building permits are acquired (currently $360 for 5/8" x 3/4" meter). (c) All impact fees as adopted by Mayor and Council shall be paid for by the Developer at the time building permits are acquired unless otherwise addressed here in. (d) The Developer shall be reimbursed for the actual proportional cost of the construction of the main extension listed in 2.1 (a) (ii) not to exceed $72,800.00. Reimbursement to the Developer shall be derived from protected main fees generated from new connections to the constructed main line. The Town shall make reimbursement payments due the Developer on or before January 31 and July 31 of each year for the period ending December 31 and June 30 respectively. The agreement to make reimbursements will automatically terminate on the tenth anniversary of this Agreement. (e) The Developer agrees to waive all project and fee reimbursements by the Town Water Department other than listed above. 4. SECURITY REQUIREMENT 4.1 In accordance with Arizona Revised Statutes and the Marana Municipal Code, this Agreement is contingent upon Developer furnishing Marana with such security as may be appropriate and necessary, as determined by the Marana Utility Director, to assure Marana that Developer will perform all the Water Facilities and Water System construction described above and all other obligations now existing or accruing under this Agreement. 5. WATER SERVICE; WATER RIGHT 5.1 For the purposes of this paragraph, the provisions of Marana Code 914-5 and any successor or amendatory provisions are incorporated herein as though set forth in full and Developer, except to the extent to do so would 8 Willow Ridge Commons WSA be inconsistent with the provisions thereof, is deemed for the purposes hereof to be the Applicant/Customer/Developer described therein. Marana shall be under no obligation to provide water utility service to Developer or the Property until each and every condition of this Agreement has been met and satisfied. Marana agrees that upon receipt of all applicable approvals and satisfaction of all of Developer's obligations under this Agreement that it will then provide water utility service as requested to and within the Property in accordance with its rules, regulations and ordinances governing such water service, as such rules, regulations and ordinances may, from time to time, be amended. 5.2 Developer agrees to assign to Marana, as a condition of Marana providing water utility service, every portion of its Irrigation or Type 1 Nonirrigation Grandfathered Groundwater Rights as those are defined by law as may be appurtenant to lands conveyed and dedicated to Marana in connection with the development of the Property. Developer agrees to execute and deliver all forms necessary to effectuate the transfer of these water rights to Marana concurrently with such dedication. 5.3 Marana will provide the State of Arizona Designation of Assured Water Supply status for the Property upon acceptance of the Property into Marana's service area by the Central Arizona Groundwater Replenishment District (CAGRD). Developer shall execute any agreements and file such covenants and restrictions as Marana may deem appropriate to include the Property in Marana's CAGRD service area. Without limiting in any manner Marana's right to specify the terms and conditions governing future water service to the Property, but, as a condition precedent to the Property's right to receive water service from Marana, the owner(s) of the Property shall pay all groundwater replenishment fees and costs incurred in providing water service to the Property. Marana, in its sole discretion, may determine the method of recovering such replenishment fees and costs including, without limitation, through the property tax bill, the water bills, and/or the impact fees of those customers living within the Property. 6. TERMINATION OF AGREEMENT 6.1 In the event Developer does not complete all of the Water Facilities and Water System construction described in Article 2, within three (3) years from the date of this Agreement, except as otherwise agreed on Exhibit "C" hereof, this Agreement shall be null and void, canceled and of no further force and effect. 6.2 Pursuant to A.R.S. 938-511, Marana may cancel this contract within three (3) years after its execution, without penalty or further obligation if any person significantly involved in initiating, securing, drafting or creating this Agreement on behalf of Marana is, at any time while this Agreement or any extension of this Agreement is in effect, an employee or agent of Developer in any capacity or consultant to Developer with respect to the subject matter of this Agreement. Cancellation under this section by Marana shall be effective when written notice from Marana is received by Developer unless the notice specifies a later time. In addition to the right to cancel as provided herein, Marana may recoup any fee or commission 9 Willow Ridge Commons WSA paid or due to any person significantly involved in initiating, negotiating, securing, drafting or creating this Agreement on behalf of Marana from Developer arising as the result of this Agreement. 7. INDEMNIFICATION 7.1 With respect to the Water Facilities and Water System constructed pursuant to this Agreement, for a period of one (1) year following Marana's acceptance of the facilities to be dedicated to Marana hereunder, Developer agrees to indemnify, appear, defend and hold harmless Marana and its employees (as previously defined) from any and all claims or causes of action which may be asserted against Marana for negligent design or construction of the Water Facilities, and from claims that may be asserted against Marana for inadequate fire protection capacity arising from the negligence of Developer or its employees or agents. 8. NOTICE 8.1 Communications hereunder shall be sent to the parties at the following addresses or to such other addresses as the parties may advise in writing: To Marana: Mr. Brad DeSpain Utilities Director 5100 W. Ina Road Tucson, Arizona 85743-9746 Mr. Frank Cassidy Town Attorney 11555 W. Civic Center Drive Marana, Arizona 85653 With copy to: To Applicant: Lennar Community Development, Inc. Attention Nicole Brammer 5151 E. Broadway Blvd., Suite 1450 Tucson, AZ 85711 9. SEVERABILITY 9.1 In the event any portion of this Agreement shall be determined to be invalid, such invalidity shall not render void any remaining portions of this Agreement which can be given effect, and they shall remain in force and effect. 10. ASSIGNMENT 10.1 This Agreement shall be binding upon and for the benefit of the heirs, administrators, executors, successors and assigns of Marana and Developer. 10 Willow Ridge Commons WSA '_U""'"'~_"""'-~"""''''',,,'''-'l>,,_",~....,,,,~ .. ,..- ,,~. '. ", '__.~... ,', _, <' . , ',' ~".".".,-..,;"~~,_;"~.,-"..~,,,o,..,,, ..., 11. MISCELLANEOUS 11.1 Any prior agreements, promises, negotiations or representations relating to the subject matter of this Agreement not expressly set forth in this Agreement are of no force and effect. This instrument contains the entire agreement between the parties, and it shall not be amended, altered or changed, except by written agreement signed by the parties. 11.2 All executed agreements shall remain on file in Marana offices and shall be made available for public review upon request. 11.3 This Agreement is entered into under and shall be governed by the laws of the State of Arizona. 11.4 This Agreement has been arrived at by negotiation and shall not be construed against any party to it or against the party who prepared the last draft. 11.5 Captions and headings are for index purposes only and shall not be used on construing this Agreement. 11.6 BEFORE THIS AGREEMENT SHALL BECOME EFFECTIVE AND BINDING UPON EITHER MARANA OR DEVELOPER, IT MUST BE APPROVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA. In the event that it is not so approved, this Agreement shall be null and void and of no force or effect whatsoever. The remedies provided in this Agreement in favor of Marana shall not be deemed its exclusive remedies but shall be in addition to all other remedies available to the Parties at law or in equity. No waiver by Marana of any breach by Developer of any provision of this Agreement nor any failure by Marana to insist on strict performance by Developer of any provision of this Agreement shall in any way be construed to be a waiver of any future or subsequent breach by Developer or bar the right of Marana to insist on strict performance by Developer of the provisions of this Agreement in the future. Developer is an independent contractor and not an agent or employee of Marana. 11.7 This Agreement, and all rights and obligations hereunder, including those regarding water service to Developer, shall be subject to all provisions of the Municipal Code of the Town of Marana and all applicable rates, fees, charges and tariffs of the Marana Water Utility as approved by the Mayor and Council of the Town of Marana now or as they may be changed and approved by the Mayor and Council of the Town of Marana in the future. 11 Willow Ridge Commons WSA '----,.~".>...."";'''''''..~_._______...."~._",.."....."".,,,.."''''.....''''''''''_,__.0_ IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. TOWN OF MARANA By: Ed Honea Its: Mayor APPROVED AS TO FORM ATTEST: By: Town Attorney By: Town Clerk DEVELOPER Lennar Community Development. Inc. By: Kevin Tarbox Its: Division President of the Land Division ACKNOWLEDGMENT STATE OF ARIZONA ) ) ss. COUNTY OF ) This instrument was acknowledged before me this day of _ day of , 2007 by as of as Developer. Notary Public My Commission Expires: 12 Willow Ridge Commons WSA EXHIBIT "A" LOCATION MAP OF THE DEVELOPMENT WITH LEGAL DESCRIPTION [Please slip the location map of the development behind this cover sheet.] 13 Willow Ridge Commons WSA EXHIBIT "B" PHASING Phase I Willow Ridge Commons will be served off the system existing as long as a loop is installed from Willow Ridge Commons, consisting of 282 L. F of eight inch (8") water line to the intersection of Sandy Desert and Pima Farms Road thence 728 L.F. of eight inch (8") line westerly along Pima Farms to the existing six inch (6") at S1. Patrick and Pima Farms Rd. Phase II Drill a well for Cortaro Marana Irrigation District (CMID) which will replace 25 K-1 irrigation well. Refurbish CMID 25 K-1 well to potable standards. 14 Willow Ridge Commons WSA """.,'-_....,~."..._---"""".,...,~......~"'~,.,._'".-'<..,......".,.."....-'-'_'^_"',....;"."__~b..~ EXHIBIT "C" ITEMIZED BREAKDOWN OF THE ESTIMATED COST OF THE WATER UTILITY FACILITIES TO BE CONSTRUCTED HEREUNDER [Please slip a line-by-line itemized breakdown of the Estimated Cost of the Water Utility Facilities to be installed in accordance with this Agreement behind this cover sheet] Please set forth the total expense the Developer/Applicant is to incur for the construction. 15 Willow Ridge Commons WSA EXHIBIT "0" ENGINEER'S ESTIMATE OPINION OF PROBABLE COST October 12, 2005 DESCRIPTION PRESENT VALUE COST I. Phase I Construct a loop from Willow Ridge Common to the existing System consisting of 282 L.F. of 8" water line to the intersection of Sandy Desert and Pima Farms Road thence a 728 L.F. of 8" water line westerly along Pima Farms to the existing 6" line at S1. Patrick and Pima Farms Rd. $72,800 II. Phase II Drill and equip a new Well for the Cortaro Marana Irrigation District (CMID) Refurbish the CMID 25 K-1 Well to Potable Standards $250,000 $60,000 TOTAL COST $382,800 16 Willow Ridge Commons WSA EXHIBIT "E" ACTUAL COST OF WATER FACILITIES [To be Attached Forthwith Upon Issuance of Same.] Please set forth the total expense the Developer/Applicant is to incur for the construction. 17 Willow Ridge Commons WSA '-'-,....~-~..._--..._,~.....'.;""""'."'........."";..","'"","','~-'."""_.,. MINUTES OF REGULAR COUNCIL MEETING MARAN A MUNICIPAL COMPLEX DATE: April 3, 2007 PLACE AND DATE Marana Municipal Complex A. CALL TO ORDER AND ROLL CALL By Mayor Honea at 7:00 p.m. COUNCIL Ed Honea Herb Kai Bob Allen Jim Blake Patti Comerford Tim Escobedo Carol McGorray Mayor Vice Mayor Council Member Council Member Council Member Council Member Council STAFF Mike Reuwsaat Gilbert Davidson Jini DeGrood Frank Cassidy Jocelyn Bronson Town Manager Deputy Town Assistant Town Town . ey Town Cle ' Present Present esent . sent B. PLEDGE OF ALLEGIANCE AND INV(l)c,iTION' Led by Mayor Hone MENT OF SILENCE cobedo, .seconded by Council Member Allen, amend Consent Agenda to the first item on Council Pastor announced 10:30 a.m. co hunt. Hedgepethi.~ommunity Christian Church of Marana, addressed Council and Easter s~ices this Sunday. There is an 8:00 a.m. traditional service and raryservice and in between services is an Easter breakfast with an egg E. PRESENTATIONS PRESENTATIONS - 2007 Citizen Survey (Mike Reuwsaat) Mr. Reuwsaat addressed Council and stated last year during the budget process they talked about the need to begin reaching out to the public in a number of ways. They have done that through the establishment of five new commissions, the quarterly newsletter and annual reports. One of the other ways was to begin a survey process of the community on an annual basis to look at what we are doing and what the priorities were. 1 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: April 3, 2007 They are now finishing the process of developing the first survey that will be implemented in the next couple months. The first survey this year will deal with our vision, core values, and purpose that was established three years ago. They are asking the public to look at that and see if the core values are similar to what the public's core values are. When the information is received back and in the study session in August or September they will take the input from the survey and revise. The survey will ask citizens to tell us what their perceptions are on how we are delivering services, such as parks, police, development services, special e ts, elections, and roads and transportation. This will be done every other year. I years they will use the survey process to deal with issues such as water, conse n, and growth issues. This information will help develop specific performance nts by department down to the individual. In 2000, our population was 13,50 d we' ded over 17,000 since that time. It will be interesting to see what thee.up of the c nity is in terms of household size, age, and ethnicity. This will mfonnation we noly do not receive except for a ten year census basis. It wil polici owth and program delivery. The Sable Group is we a draft of the ey and will be presented to Council within the next few will be sent to every household in Marana. ANNOUNCEMENTS INTRODUCTIONS PROCLAMATIONS/UPDATES F. MAYOR AND COUN~mBEPORTS: CURRENT EVENTS Council Mem Sunday for an art a year! y Gorrayreported MaY~r CWd Council went to Saguaro Ranch on . This was a MaranaiArts Council event and will continue on a on Sa.guaro Ranch and how they are very respectful of the land. He openinl:~nApril16th. The restaurant's name is McClintock's. 's REPOR'F: SUMMARY OF CURRENT EVENTS enjoyed his trip to New York City. H. STAFF REPORTS Mr. Davidson addressed Council and stated he has a follow up on the design concept report for the Ina Road project, the design elements from 1-10 and Ina Road to the eastern Town limits. It will take probably about a year to complete the study. There will be a number of components for public involvement. He will provide the public information dates in the future. Mr. DeGrood stated last week was the roll out of the Tucson Regional Economic Opportunities Economic Blueprint for the region. They identified five major areas that they 2 I" _""_"""-^"""",'''i""''''""-'~'",,,,,_~,=,,,<,"~,,,"--,~,>,",_,,,,,,~,,,_>,,_.>-,;'",._,., MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: April 3, 2007 are going to focus on. As part of their action plan they announced they will be doing the Marana economic blueprint as one of the first products they will be working on. Mayor Honea stated he went to the TREO event and emphasized that Marana is going to be the first phase of trying to bring business and industry into the community. GENERAL ORDER OF BUSINESS I. CONSENT AGENDA 1. Resolution No. 2007-47: Relating to Communi velopment; approving and authorizing the reallocation of existing housing funding from the Employer Assisted Housing Programto .... e co~p.~ts to facilitate the master planning process for the HonealJ;.~ights Neighbolill(wd Redevelopment Project (T. Van Hoo,lfl Reereation mobile stage (Tam Ellis) 3. Resolution No. 2007-49: by negotiation or conde Silverbell Road Water Imp 4. 5. Resolution.C* 2007- Relating to Town Facilities; requesting bids from public fott'.:lbe purchase and removal of modular buildings previously d by the Mirana Police Department, presently not in use, and being at a co,tinuing cost to the Town (Frank Cassidy) Upon rrl(jtion by Council Member Comerford, seconded by Vice Mayor Kai, amend Consent Agenda to remove item number two was unanimously approved. J. COUNCIL ACTION Resolution No. 2007-48: Relating to Parks & Recreation; establishing rental fees and agreement for public use of the Town of Marana Parks and Recreation mobile stage (Tom Ellis) 3 <_._...__.,..._""",,",,,~,,,,,,,,,~___O'O_- MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: April 3, 2007 Mr. Ellis addressed Council and stated in 2002 the Town purchased a mobile stage at the approximately cost of $85,000 and the stage was purchased to use for the Town's special events and also as a promotion of the Town. The stage bears the Town logos prominently. They are up to about 12 events outside ofthe Town generally requested from either Pima County of City of Tucson. They are requesting a resolution that the stage be brought back and used within the Town limits and the fee schedule is put into effect anyone wanting to us the stage other than our partners at the Marana Uni choo1 District or others working with the Town on events that the Tow . oring. Last fiscal year they spent over 200 personnel hours moving t out of town. During the time usually on the weekend when theYl1~v 0 take t ge in or out the parks are left unattended because that i~ the personnel that is~~ to bring the stage back in. He stated their intent~~been to honor any com nt they have made. Once those commitments run out then they would honor th ution. Upon motion by Council Member Escobe Blake, Resolution No.2 7-48 was unanim econded by Council Member y approved. 1. Resolution No. 2007-53: 0 Community Development; approving and authorizing the grant. . nary funding in the form of entertainment credits to the I Students Together Against Narcotics king, a stu~e run gra ots organization, to support "The Afte vent to kee Marana youth from harm after the 2007 prom (T. Van H unci1 <WId introduced David Aquino, President of the and Drinking at Marana High School. dres o,"lllci1 and stated STAND's mission is to change the ounds ents' drinking and drugs in the Marana Community. as conceived because students wished to continue to socialize ent and they wanted to provide a safe and fun environment for e introduced STAND's new logo. He showed a short video. Council.ember Comerford commented on the after party and how it is well attended; well supervised and the students act responsible and have a great time. Upon motion by Council Member Comerford, seconded by Council Member Escobedo, Resolution No. 2007-53 was unanimously approved. 2. Resolution No. 2007-54: Relating to Public Works; approving the design and construction of public art as part of the Cortaro Farms Road, UPRR to Star Grass Drive Project, CIP Project 99-076 (Gilbert Davidson/Morris Reyna) 4 ">_"d"~'""_"",~,,",,_ MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: April 3, 2007 Mr. Davidson addressed Council and stated Morris Reyna and the artist was present to present the final design concept for the Cortaro Farms Road project. Mr. Reyna addressed Council and stated the artist, Nina Aberlee, and Stephen Grede have worked hard to realize the vision that represents the community, its values, history, and cultural heritage. Mr. Grede stated there are three pieces of wall that when viewed together form one cohesive mural. The material will be majolica paipted tile. This will be at almost the railroad tracks along Cortaro Road on th9.east/iiide of 1-10. They are representing the railroad in its importance from a Qistorical standpoint. The center panel depicts the cotton farming, an actual ip1tlge;>a. tractor that actually did function on site, from the 1930's on Cortaro F~s. Theri.ght is a subtle depiction of the dairy that was there for decades w eXisted exactlyjn that location. The images on top of the three walls are and they furthYf depict elements associated with each one. The bell is the train that is do n. The wheel is off a tractor and the milk can re the daity. 't was defaced could it be easily Vice Mayor Kai asked with the painte cleaned. Mr. Reyna stated the tile other elements would be a cleans very easily. The 3. Council MerllberMcGo , seconded by Council Member .2007-54 was unanimou yapproved. . OrdinanceNo...2007.09: Relating to Development; a to create The Villages of Tortolita Vice d a. conflict of interest and left the dais. sed ncil and stated the Villages ofTortolita is approximately ct located on the northeast side of! -10 north of Marana Road. It encroach 40 acres into Pinal County. The annexation was adopted March re a.+efive different land use designations. The medium low residential, ensity residential which consists of attached 3500 sq. ft. minimum lots with a ximum of 800 dwelling units less than the 4,000 minimum lot standard within the MDR. The medium high residential where there is opportunity for some single family detached that could be on lots as small as 2500 sq. ft. The attached product within that district would not have a minimum lot area. In the mixed use there is a variety of commercial uses and some second story residential use. On the west side of the project between the railroad and the freeway would be the industrial use. The Villages ofTortolita will be accessed off of Tortolita Boulevard, a proposed interchange and connecting bridge over the adjacent Union Pacific Railroad located between Marana Road and Pinal Park interchange. Access to the industrial property would be via the existing 1-10 frontage road. The 5 _.....,<_c_....._."-..-...,,,..________~..__,;.,.,_.,..._~...,."""_"'""'..,,,'""<_~"-.,,. MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: April 3, 2007 Tortolita Boulevard will connect to Tortolita Mountain Parkway. Currently the plans for the Tortolita Boulevard interchange are at 95 percent. The condition as part ofthis project is no occupancy of any buildings will be issued until the interchange is fully operational. The master drainage report for the entire area will be submitted with the first preliminary plat or a development plan. The report will need to be reviewed and accepted by the Town prior to Council approval ofthe first plan or plat being proposed. Cortaro and Marana irrigation district will begj,ven a copy of the master drainage report for their review and comments; The developer must prepare a water master plan for the property. MaranaMunicipal Water Company is the intended provider of water services and providing both potable and non-potable service. The project could generate as many as school age childr has agreed to the voluntary resident" tributiQn to mitigate t they have also identified two schoo one within the Red Roc 001 District and another one within the Mar cij~ol District. The exact location, size and dedication of these sites will be d . ed through an agreement with the school districts at a la'~r Jime. The develop t regulations provide for regulatory requirements. Th~..~~ium low density~e~~?~ntial district is proposed to adhere to the required residenti . standards~hat the Town Council adopted on September 19,2005. .......... ...... ..~rdistricts have some modified proposals in them to accommod~tes(:)me o~$p1aller and different type products t asn't seen atthis time. n asked rega~~~1}~ the 6500 school aged children, has there ade for a high school in the area. es not been determined ifthey are elementary, chool sites. As they go through their negotiations the what sites they need. .ouncil Me dition wh Commission r Escobedo stated he wanted to know if applicant is open to any requests for properties under 3500 sq. ft. goes to the approval and back to Council. Sydney~fuith, General Manager for Cortaro/Marana Irrigation District, addressed Council and stated the large majority of landowners do have some concerns knowing that this is out ofthe CMID boundary that they don't have much say so in what happens to development on the east side. When there is development on the east side it creates a lot of water and flooding as these lands are graded and streets. They would like to playa more active part as far as approval when it comes to the drainage issues on these properties. She read a letter from Kai Farms. 6 MINUTES OF REGULAR COUNCIL MEETING MARAN A MUNICIPAL COMPLEX DATE: April 3, 2007 Michael Racy addressed Council and stated there have been a couple meetings with CMID and other people involved with the district. They are committed to work with all ofthem in the drainage studies that are done on this project. There are a number of different things they will implement to control and reduce the velocity of both the on and off site flows, in fact creating a net benefit on the other side. Mayor Honea stated it was his understanding that the water flowing from the east to the west side will actually be slowed with the drainag!,?/proposal. Mr. Racy stated this project is being developed wi critical basin and that means they have to address all of their own on $j~e c . ons, but they have to make some net improvement in that. The exad~xtend t comes out of the much more detailed drainage studies. The ~t~te Land Dep nt has been receptive to working with them to incorporate some drainage ties on their property along the CAP canal where~lot of that water is comin If they could slow some of that flow it couldn.~'Ve signi~7~~t benefits for one to the west and northwest of the site. He stated ~otlld be amenable a condition being added to the specific plan that says a~ingle family detached lots under 3500 sq. ft. have to follo e conditional usep~it procedure so that would apply to all the medium hi residential, alltbe multi-use area in the project. plan the medium high density ed two. There is a provision in lowed for any of uses in the medium high esidential so we are applying that g the two already designated medium high ould be amenable to it being applied to the whole thing. e ri~~:way permit into Missile Base Road. They are road~~y that connects to Missile Base. They are working closely istrict. The district is still doing planning. There will be school t might not be just the two. They will propose as a condition that It uses within the project. Counc ember Allen stated he is concerned about the 75 percent oftwo story homes, a deviation from the 50 percent that our design standards call for. Mr. Racy stated they are asking for 75 percent in single family homes still subject to the variation in rooflines, architecture, limits on comers, curvilinear streets, stepping homes back and forth so while they are asking for a higher number it is really because there is a lot of market interest and acceptance for that product. The property slops up gradually and has view of the Tortolitas and Catalinas and lends itself well to that variety of product. They would like to be able to distinguish the project a little. He stated the mixed use is open to the 7 _"~,.^'''''' ".,"_."""""'....~._....."~-,.."..,.,'".."...-"=-..,.,.",.,,....,-,........., MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: April 3, 2007 region. He stated there is a large central park facility that is a community regional park intended for the central section that is open to the entire community and will be accessible to the community with the new interchange and will include shops, restaurants, playing fields, and clubhouse. Mr. Reuwsaat stated this is the first of three steps. They'll bring back to Council a development agreement which is much more specific. They have had a CFD application submitted to provide CFD financing. The public benefit of the interchange for the existing residents is significant. Mr. uwsaat asked for clarification regarding that ifit was under 3500 sq ft . d.follow the conditional use process. To clarify that with the s c plan there is a major plan amendment that would require it to come to Co s the conditional use process that would not require it to come to Council. as been recommended is that it is a conditional us~~<l that it has rotested to bring forward rather than a major plan amen9llent which automati goes through planning and zoning and then come~t9 Council.. Mr. Racy stated it is actually an appeal r ~an a protest and any Council member can appeal. If there was a commi member that was on the other side of the condition they could appeal, any affect perty owner within 300 feet could appeal. Their request~<lp+eference woul .<.~g~9 that process because it that product is offered at all it be somethingi~mall. To go through a major amendment that is a sp~ific p dmentthat is a giant process just to authorize a use that is such a subtle ...cnawnat is already authorized in the plan. mber l$icobedo stated *~W"puld be fine with a conditional use permit. edwi__e~Pllditional use permit that any Council member that pring to Council if they don't think an appropriate project is stat~~ince multi-use would allow medium high density proposals d it wO\J~~\canow 2500 sq. ft. single detached homes in all the by putting the conditional use on it, it gives Council an ve a say if they think there is a problem. He stated on the conflicting agreements on how it is going to be financed. The t eement is going to have to be completed before a plat. He was out the parks, but if we collect the park impact fees on this project and the eloper does not build the parks we will get about $13 million. It is going to encourage the applicant to build bigger parks to cut the dollar figure and provide more amenities in the neighborhood. He stated schools could be a problem for this project, but if they can work out an agreement with the school district on some voluntary funding that would help them, as well. Council Member Comerford commented that when Continental Ranch opened there were no schools. Now 20 years later the third school is being built. She commented on item 20 of the conditions and hoped that item does not hinder the process. 8 ,.<... ~""'~"''''''-''''--'''----'''''''''--''';;'_'.''';'--''--'''''-'-' '" MINUTES OF REGULAR COUNCIL MEETING MARAN A MUNICIPAL COMPLEX DATE: April 3, 2007 Mr. Reuwsaat stated because drainage has been a significant issue Council will be kept informed when the report comes out and given an update. He mentioned that in all rezoning there is a waiver for 207. Mr. Cassidy went over the conditions. Upon motion by Council Member Allen, seconded by Council Member McGorray, Ordinance No. 2007-09 was unanimously approved with conditions. Paul Popelka addressed Council regar for general plan update. It is require do in any normal planning proces . focus groups, other public agencies, Commerce, HOA, open houses. They wi is happening for certain special dates in speaker's bureau where th~~~;;1n take reque meeting or a service club and eing a link 0 to a page that is dedicated to tlris pro General Plan; approving 2007 Marana General 4. Resolution No. 2007-55: Relating to the Mar and authorizing the Public Participation 0 Plan Update (Kevin Kish) articipation plan eywould not nu of techniquey will use; commissions, Chamber of regular notifications about what rocess. They will establish a meet with a homeowners ebsite where you can go uncil Mem.~~t Comerfq~, seconded by Council Member 'pn No. 2007...55 was unanimously approved. COMMITlE:ES L. ITEMS FO OSSIBLE ACTION M. ii;~xecutive Ses~ic)ll pursuant to A.R.S. ~38-431.03 (A)(3), Council may ask for ussion or ~nsultation for legal advice with the Town Attorney ing ~J1Y matter listed on this agenda. 1. utive session pursuant to A.R.S. ~38-431.03 (A)(3), (4) and (6) for legal advice with the Town Attorney concerning water rights issues and to consult with an instruct the Town Attorney and the Town Manager on the Town's position regarding various pending contract and property acquisition negotiations with the goal of securing additional Town water resources (Frank Cassidy) 2. Executive session pursuant to A.R.S. ~ 38-431. 03 (A)(4) to discuss and consult with and instruct the Town's attorneys regarding the lawsuit 9 "_._..~,--~-"''''''''_........._-''--~~.'"''''"''-' MINUTES OF REGULAR COUNCIL MEETING MARAN A MUNICIPAL COMPLEX DATE: April 3, 2007 entitled Explorer Newspapers, Inc. v. Town of Maran a, Pima County Superior Court No. C2006-3087. Mr. Cassidy stated concerning the water item. Their feeling is that it would be best to bring a comprehensive overview in the terms of a video presentation in executive session. In order to make it a little more organized approach they would like to set aside more time and in a more formal manner and suggested a couple hours time. He asked to set a time in the next few weeks for this item. Upon motion by Council Member Escobedo, sec McGorray, Council convened to Executive Council Member The Council reconvened on the dais at 8:46 Mr. Cassidy stated in the manner of Explorer Newspapers n of Marana, as explained in Executive Session, t is a case Newspapers seeking two sets of documents; one series Ron Smith and also there was a request for in 'nformation. As the Town Attorney, he withheld even the existence ternet usage information because they only do internet us eports when the there is something improper going on and to tell them s a report wo e saying there was improper activity so under a recent inal Coun ere the Court of Appeals said personal e-mails, person was not subject to the public records law and was not even a public that both sets of documents not be released. They received a la The greed w~1. us on the pe ",1 e-mails and said that they did not need to be release ut d~~."'gr~~d on the met usage report. There was no specific . gin th sethat we in bad faith or that we were acting arbitrarily 'ciously to release information. The judge awarded $10,000 in s andi~185 in costs. Those fees under the law in effect at the time warded i~the instance of a finding of bad faith so they think the judge's rulin incorr~ct as a matter oflaw on awarding those fees. However, the w was chang~ in 2006. The law that now exists makes it easier for a person enging a public records decision to get attorney's fees so if they were to this d~eision it would have no going forward effect because it would be an interpretation of a law that no longer exits. As the Town attorney, ends not appealing the case. Mr. Reuwsaat stated he concurs with Mr. Cassidy's recommendation. He stated he will be sending a letter to all employees stating that individual employees will be responsible for their use of public assets such as computers and inappropriate use or behavior on those assets. He will not recommend that the Town expend public funds to protect those kinds of behaviors'. If the employee so uses, for example, the computer for personal use, that will be subject to public records and open unless they individually choose to defend that on their own. 10 ,-,- ..~'~~-""""-~........",~~""-..,,,,,.=,~,~~.".~....-...,-,~ MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: April 3, 2007 Upon motion by Council Member Escobedo, seconded by Council Member Comerford, Council voted 6-1 not to appeal with Mayor Honea opposing. N. FUTURE AGENDA ITEMS O. ADJOURNMENT Upon motion by Council Member Escobedo, seconded by Couucil Member McGorray, Council unanimously voted to adjourn. CERTIFICATION I hereby certify that the foregoing are the true and c meeting held on April 3, 2007. I further certify th ct minutes of the M present. a Town Council Jocelyn C. Bronson, Town Clerk 11 .""---"-"'-"---,-~"""",,,,,~,,,,,"",~,,",,,,~,,^---, MINUTES OF COUNCIL STUDY SESSION MEETING MARANA MUNICIPAL COMPLEX DATE: March 27, 2007 PLACE AND DATE Marana Municipal Complex A. CALL TO ORDER AND ROLL CALL By Mayor Honea at 7:00 p.m. COUNCIL Ed Honea Herb Kai Bob Allen Jim Blake Patti Comerford Tim Escobedo Carol McGorray Mayor Vice Mayor Council Member Council Member Council Member Council Member Council STAFF Mike Reuwsaat Gilbert Davidson Jim DeGrood Frank Cassidy Jocelyn Bronson Town Manager Deputy Town Assis t Town Town omey Town Clerk B. PLEDGE OF ALLEGIANCE AND INVOCATIONIMOMENT OF SILENCE Led by Mayor Honea. L ORDER OF BUSINESS D. ITEMS POR DISCUSSION Paul Popelka a,... ressed Council regarding the 2007 General Plan Update. This is not a re-write of their 2003 plan. It is an update of the existing conditions, trends that have happened since their last plan adoption, trying to account for changes that have happened since that plan. There are four basic parts to the plan; the vision, the elements or chapters within the report and the implementation and the public participation aspect. Their vision is values, growth, and opportunity. What is new this year is a chapter on housing. It is not required for communities under 50,000 population, but they feel they are ready to begin thinking about all housing in this community. In reference to land use they will be working off the planning that has already been done over the last four years like the northwest plan, the northeast plan, and the Town Center plan. The plan needs to be 1 he~...le and process for the 2007 General Plan Update (Kevin Kish) 1. Review of .---'--_................,~...-.-..--"'---".......,,,~,__."'"""..,,.~~"'''_,.'"_c,,..,,,_...., . MINUTES OF COUNCIL STUDY SESSION MEETING MARANA MUNICIPAL COMPLEX DATE: March 27,2007 rethought as to what is appropriate for roads, pedestrians, bicycles, railroad, transit, and equestrian. Another chapter on growth areas and how growth is going to occur, northwest, northeast, the south, and south central and each has different needs and different specifics about how we deal with those areas. Public facilities like the library are going to impact how we address public facilities and public services. Water is an important chapter and how to deal with long term water supply. Another section is cost; how much is it going to cost, where is the funding going to come from, how do we come up with ways to take advant of other partners, how can we do things more efficiently, and how to get it done.o e figure out what we need to do. The environment which deals with natur sources, air quality, water quality, preservation, the natural resource aspect ofthe..en ent and that is backed up with recreation and open space that deals more with u as app to preservation. Housing looks at what is out there now anci at kinds of prog ..we need to put together so that we can provide an opport,pify for hou~ing for anyone QuId like to buy a house. Economic development in wh. have" e to date, wha the trends and what is drawing economic development .mplementation is where you take each of the elements and develop specific st d actions. One of the things they will be doing is an update of t 2003 implementa Ian that says what they have accomplished and what they hav better 1 ection. on what they need to be doing. t to the public. This revolves y and infoIll).~ y, processes like open houses with the general at they can~~licit input. They are also setting up a series of ulture, residehtiaJ" commercial development through the orne feedb . There will be formal public hearings when ether a complete draft by June and send it out . ew bot in the Town and out with other agencies, other it back for possible joint meeting with Council and the b~r and then carry forward for formal recommendation er an... November. In 2012 the plan will need to be updated, public ratification in 2013. ai a~~ed regarding the general plan, minor and major amendment and Mr. Popelka stated what they are doing with the plan update is a major amendment. At the request of a developer who wants to make what constitutes a major amendment they would have to go through a similar approval process. Mr. Kish stated based on the statutes you are allowed to do one major amendment per year. In the future if someone that meets criteria of having to do a major amendment to the plan, they would have to bring in an application, a year to process it, and then bring it before the Commission, Council and public hearing process and then it requires a 2/3 majority vote to approve by Council. Based on their definitions for major and minor 2 '''-_.~-'--''''''''''''~""""~,,,,,,,,,-~,,,,-,,,,.,,,,,,,,,,,,",,~,,,,,.~ MINUTES OF COUNCIL STUDY SESSION MEETING MARANA MUNICIPAL COMPLEX DATE: March 27, 2007 amendments everything so far as been minor amendments and the minor amendment process is typically carried with a rezoning application and requires a simple majority vote. Mayor Honea asked if they foresee any major changes to the plan. Mr. Popelka stated they need to react to what projects have come in and what has taken place and what has been proposed in the last few years. He stated they need to talk about ultimate limits and how far they should be looking; how fa est, how far north. He stated no major changes. He stated they have done some plans in the interim that there is so much information that is valid and he did any great changes at this point. Council Member Escobedo asked within the a specific plan within the general plan. Mr. Popelka stated they will be taking incorporating that into the general plan. In te use the master planning area designation and they separate planning area and that . s a little more process has been somewhat over e thinks we determine what makes a good speCl to have a good solid basis in the gene~l p wo step pro Within ~e general plan they will look at the discouragig the use of specific plans. They are currently ent code. Tq~,ggal is to get some useable working zoning . 1 industrial~~6>that the need for a specific plan will not be e the local ordinances and zoning districts to f the e in the projects so we can use traditional zoning Ian like we do now. edo ~ked for an example where a specific plan may be needed. ated a ne product or new type of market comes to be where we wouldn't to sUBBort it in our land development code after the revision. There may be a need to do ific plan for property to accommodate that new type of product that is coming out of tbe market. Mr. Popelka stated the beauty of a specific plan is that you can accommodate so many different uses is so many different ways, especially if you build off of an existing land development code, but it gives you a lot more flexibility. Mayor Honea stated if there are any major land uses changes that they could come make a brief report or put it in the staff reports that might be of interest to Councilor general public. 3 ...-._-""".,,~,_.,~ .,.,..,. . ...............~..,'""~"...~-"."~-_.- MINUTES OF COUNCIL STUDY SESSION MEETING MARANA MUNICIPAL COMPLEX DATE: March 27, 2007 Council Member McGorray asked for maps if there were any changes from the 2003 report. Mr. Popelka stated they will come back with regular updates. 2. Relating to Development; discussion of the proposed Villages of Tortolita Specific Plan (Kevin Kish) Lisa Shafer addressed Council and stated next Tuesday it has hearing for adoption of the Specific Plan. n advertised for public Michael Racy addressed Council and showed a videg theme, visioning, and design consideration that are g6~pg intoroject. The project is about an 1800 acre master planned community. . in. a form ofa.specific plan. It is broken up into five distinct villages and the ract togethe . h village has a common overarching theme, but very sP7.~ design"components.~pect to the architecture, style of homes, the size of lots, pe o. dscaping. The ;."rchange is a signature element of the project. They didn't w the focal point of the project so the village center is actually displaced a half a 111 the east at the intersection of the main boulevards which is an egrated regiona and mixed use center with employment, retail and recreation . . . s all blende within walking distance of each other. different plant pa in part of the f: the ultimate 1 There is a 10 on trying to create some affordability and a wider range of home prices out the community. Village three is subject to residential design standards and the Town's as a starting point with a little more flexibility in some areas most sig lficantly in two-story. They authorize 75 percent two-story in certain areas rather than 50 percent that is in the residential design standards trying to reflect the increased building costs that exist in the market, the increased product types that are being built from developers from around the country and from Phoenix. Village five may be an age restricted community and will have specific amenities in it in addition to the village center amenities. The interchange project is ready to go to bid and will be constructed at the front end of the project. Core infrastructure would start at the beginning of the project. The Tortolita Parkway and interchange will create a new means of getting 4 MINUTES OF COUNCIL STUDY SESSION MEETING MARANA MUNICIPAL COMPLEX DATE: March 27,2007 out of the San Lucas development which is at the south end ofthe project and will help to create a transportation loop throughout that eastern side of the interstate. They have been working on the water master plan. The engineers for this project are the same engineers that are doing Sanders Grove. They have set aside specific locations for storage and supply subject to design approval of the utilities department. The sewer is planned to go into Pima County Sewer. There is an opportunity to put a skelping plant on the project to recover affluent directly at the project if that turns out to be the most efficient alternate water source. They have worked close with the State Land Department. All the land to the northeast is State land. be donated to the Town ificant archeological the State land in a the State land a number shes that come oss that are canal will be maintained in and many much wider. The 200 . . onal setbacks makes it in most er sreates an opportunity for ere are then opportunities e developers of this project terial that is necessary for the eate a large t'~tention faCJ y in that location. They are also creating a toVgn cemetery. Other private property owners and 1 drainage sol . oIl,. need to look at drainage all the way back e trails alo he buffer and then a series of internal trails gu vard and crossing trails in the major wash r loop systems of varying size and lengths for ~rford,iasked if there was a tie into the Pinal Park interchange. 'C"-";..;,;' tated there'; Is not a tie into the Pinal Park interchange. There is the Marana e ..~d the new Tortolita interchange which will be the primary interchange. . ~sa new urban style interchange that will be more efficient than any other interchang~in town. The San Lucas project only has one way in and out. Council Member Escobedo asked about the active adult living being Village five. Mr. Racy stated it should be Village four. Village five is employment and industrial, not residential. With Village four a couple of additional benefits is reduced traffic. They have worked with the school district and will be entering into the contribution agreement. Council Member Escobedo asked about affordable housing and mentioned Red Rock being affordable. 5 MINUTES OF COUNCIL STUDY SESSION MEETING MARANA MUNICIPAL COMPLEX DATE: March 27, 2007 Mr. Racy stated it is really going to come down to a lifestyle choice. He stated in Red Rock you can hit a lower price point, but you will not have much in the way of amenities or not at'the level there. They can achieve with the range of diversity with this project a greater degree of affordability, range of prices than seen in other projects. There has been a lot of design thought and work that has gone into trying to make that happen. Council Member Escobedo asked if the interchange will allow for pedestrian and bicycle traffic. Mr. Racy stated that it would. No interchange is great fo but the alternative that was selected and there were a on the interchange and on the project, as well emphas:~ed one Council Member Escobedo asked about T~R;havmg an applica the planning permit for the State prop~~: Once is planned additional housing that will burden the inter change and the sizing for the with capacity for that area from i1;ted all the drainage plans oposed and terested in an alternative bere the flow is currently concentrated ih bws there is an opportunity for ount of ......ows and significantly benefiting all ainage and the Santa Cruz and how that ighborhood. ac Acres their p in discussin to be a regional drainage solution with the entire area. B hannel that has been discussed. There have been chaJ1l1el and a county line channel. There needs to be property ings. It is not going to fix the problems that exist in the Berry he other drainage issues that exist. Mr. Racy stated they will do ill have to be involved. One of the things they had pledged to do ate land is something on their property. Council Member McGorray asked about with each Village would there only be one community center. Mr. Racy stated there are a series of different amenities and facilities and assuming they can get a water source there will be one in Village four. Village two and three are much closer so much more accessible, but there are park facilities and amenities within each of these areas. There will probably not be a club house within each one, but there will be recreational area meeting the one site park requirements of the Town. 6 MINUTES OF COUNCIL STUDY SESSION MEETING MARANA MUNICIPAL COMPLEX DATE: March 27,2007 Council Member McGorray asked if there would be retail like a coffee shop in each area or just housing. Mr. Racy stated there are mixed use elements within each area so there can be some retail, clinics. There are shopping and amenities located close to every one of the villages. Mayor Honea stated he had a problem with the 2500 sq. ft. product and asked if it is a special product and if it is a detached product. . It may be attached. They type product. They are oing throughout the he hears concerns of variety and density of something Mr. Racy stated in the code it is flexible so it may be de will have some sort of common drive. They are a asking for the flexibility based on what other dopers southwest. It is not a critical component of t 'mit()J ct. He s about affordability, concerns about samene~ d concerns abou they are trying to address some of those t' s. It is 6Qcacres gross wit about 450 units out of 6500. They would the ab; to come up creative. Mayor Honea asked regardin make the interchange function th any discussion has taken place on rchange and stated in order to e tg be in place and asked if Mr. Racy stated the location circula and routes. It d that area. The cloverleave that side will de into the Town's major streets ewer to the west side to the plant. s are)>along the way. It crosses over, goes to the west, comes the large line that is being constructed that is part of Sanders Gr Hardin and goes to the plant. That line has been sized with Pima Coun e these flows and so all of the right of way is not necessarily in place at ime, ~cl;1- he designs, alignments and work are well along. He stated it is all gravity flo 0 the pump station. The new facilities that are going in at the County plant, it wind).> there about 28 feet down and then there is a lift to the plant at that point. That is how it can gravity flow. The water is the same way. There are new facilities coming up. There are well sites on the property. They are also exploring a couple different storage alternatives and they have worked with State Land. Council Member McGorray asked what the completion date of the project would be and suggested perhaps ten years. Mr. Racy stated he would try to guess a build out date. They would like to get started with the interchange later this year. He stated certainly a ten year project. 7 ........._---~"'"..~,- MINUTES OF COUNCIL STUDY SESSION MEETING MARANA MUNICIPAL COMPLEX DATE: March 27, 2007 Council Member McGorray asked if the sewer plant has the capacity for the first couple of phases of the project. Mr. Racy stated it probably doesn't today, but there is one expansion that is under construction today. There is another construction that has gone to bid. He stated it looked like the increase in the plant will correspond with the phasing ofthis project. Mayor Honea asked about the voluntary impact fees and whe~~r that would be done. Mr. Racy stated there are the i(11 design standards that they have implemented with the. modifications, t'1;[ eir own internal design review detail all the (ltchitectural, etail for the project. st as the others have been them. Mr. Racy stated yes, voluntary contribution per rooft done, agreement with the school district, and they hav Council Member McGorray asked under the spuQplsthat it the Marana Junior High, but the high schoqliis not mentioned a Marana High School until the new high sc . s built. Mr. Racy stated it will be Marana High Schoo. Mayor Honea asked on desi buildings conform to the design s would the y asked if it~9uld resemble what is in the community e intend tOigo forward with that. and answered yes. he of the villages or the entire plan they wanted 75 Mr. stated tha~~fs in the design guideline section. That is in the medium density residenti" ti n .ere is MDR in most of the different villages so it is spread out in a variety of ar Mayor Honea stated specific plans are used to circumvent rules and regulations that are in place which this would do. This project is the largest by far to corne before Council. Mr. Racy stated the 75 percent is not an enormous departure from the 50 percent. This has design standards which makes a big difference in the architecture. He stated if we rigidly follow without any flexibility those design standards then everything is going to look the same. Council Member Comerford stated we need to allow for difference. 8 MINUTES OF COUNCIL STUDY SESSION MEETING MARANA MUNICIPAL COMPLEX DATE: March 27, 2007 Council Member Escobedo stated we need to give the residential design standards an opportunity to succeed. Council Member Comerford asked what the total number of housing units was and total acreage. Mr. Racy stated the maximum cap is 6500 and total acreage of the project is rounded to 1800. Total zoned density in Continental Ranch was a go04d~al higher implemented density more consistent although more variety in this. E. ADJOURNMENT Council Member McGorray asked for more dari building and what the setting would be. What th compact area. finition on a two-story out to or is it just a Mr. Racy stated they are talking about residential design standards apply to. The to 75 percent. that your 50 percent Upon motion by Council Member E Council voted unanimously to adjourn. cil Member McGorray, CERTIFICATION oect minutes of the Marana Town Council a quorum was present. Jocel 9 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: March 6, 2007 PLACE AND DATE Marana Municipal Complex A. CALL TO ORDER AND ROLL CALL By Mayor Honea at 7:00 p.m. COUNCIL Ed Honea Herb Kai Bob Allen Jim Blake Patti Comerford Tim Escobedo Carol McGorray Mayor Vice Mayor Council Member Council Member Council Member Council Member Council Present Present Present Present Present Present Present STAFF Mike Reuwsaat Gilbert Davidson Jim DeGrood Frank Cassidy Jocelyn Bronson Town Manager Deputy Town As ant Town To Town B. PLEDGE OF ALLEGIANCE AND INV'OC1\TION1UOMENT OF SILENCE Led by Mayor Hon~ll. seconded by Council Member McGorray c. APPROVAL OF AG Upon motion by Council the agenda was una ously a D. CALL TO THE PUBLIC Steve Rebroa.t'14ressed Council to talk about the Circle K being proposed at Twin Peaks and Coachline. Her~. from a draft citizens petition that they will begin getting signatures on. He stated the Circle K at Ina and 1-10 sells adult literature and asked Council if this is appropriate next tq a playground. He stated that it is his understanding that the State laws of Arizona prohibit alcohol sales within 300 feet of a school. He asked Council if it is appropriate to sell alcoholic beverage within 150 feet of a playground. David Morales addressed Council and stated Mayor Honea was appointed and he disagreed with the Mayor using the word re-elect in his campaign. 1 --'--"""~-='~-"'-"''''''"'''''-'''''~'"'~''''"'''';'''~-~'-<='-''~''''''.<......,~_..<~._'-",.,,,...,c,,..,,,""._~"',. MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: March 6, 2007 E. PRESENTATIONS 1. PGA Update Michael Garten, Executive Director of the Accenture Match Play Championship, addressed Council along with Jill Twomey, Tournament Manager of the Championship and stated on behalf of the PGA Tour, Accenture their title sponsor, the Tucson Conquistadors, local sales and marketing partner, they wanted to present the Mayor with a pin flag that is signed by all 64 players that participated at the Gallery Golf Club. Mr. Garten stated that the Town of Marana was a first class/rate partner to work with on the championship. 2. Lovitt and Touche - Blue Cross/Blue Shield refund Regina Fleming addressed Council and introduced Chris Helan, Vice President of Lovitt and Touche. Lovitt and Touche is our broker for our health and welfare program. Ms. Helan presented a check for $270,000 from the medical plan for the last twelve months that has come back . because of how aggressively the Town has worked to manage the health care costs. 3. SAHBA 2008 Parade of Homes/Marana Chamber of Commerce They will make presentation at our next regularly scheduled meeting on March 20th. 4. Pinal County Visioning and Comprehensive Plan Ken Buchanan, Pinal County Manager, addressed Council along with Jerry Stabley, Deputy County Planning and Development Director, and presented the Pinal County comprehensive plan update which includes a visioning process. They noted that Pinal County is experiencing phenomenal growth, approximately 11 percent a year. They are asking for staffs involvement in the process. The County Supervisors has given staff some direction in that the County will provide leadership in the areas of economic development, state of the art technology and growth management. To meet those expectations, they have developed the growth planning initiative. Some of the goals they have for visioning is they want to create consensus on land use, develop new employment areas, create population centers, link development with transportation, and improve quality of life. They are looking at very strong public involvement and over 100 public meetings. They want to work closely with all their municipalities. Mayor Honea stated we have begun the procedure of annexation into Pinal County and that we look forward to working with Pinal County. 2 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: March 6, 2007 Mr. Reuwsaat stated that we already have a great working relationship with Pinal County and it will be necessary as we grow together that we jointly plan the infrastructure. INTRODUCTIONS PROCLAMA TIONS/UPDATES Rodney Campbell, Community Relations Officer, addressed Council regarding Founder's Day on March 17th at Ora Mae Ham Park which is kicked off at 9:00 a.m. with a parade. The Marana Junior Rodeo is very involved. The parade will have approximately 80 entries. There will be a classic car show which will have approximately 200 automobiles. KOLD- 13 will be coming to the Municipal Complex to do four live segments on their morning show related to Founder's Day. Council Member Escobedo asked how we are looking at securing the non-mechanized portion of the parade and what steps is the Town taking. Mr. Campbell stated it was his understanding there would only be nine carts that will actually be drawn by horses. Children eight and younger if they are riding horseback they need to be accompanied by a responsible adult. There will be people that will be on horseback following the route of the parade. Mr. Reuwsaat stated he will forward a memo he received from Tom Ellis with the details of what we are doing to provide for a successful parade. It includes the outriders, the placement of the carriage units, etc. F. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member McGorrary stated that in Heritage Highlands they have 70 volunteer members and they did a great job during the golf tournament. She thanked every department and organization for working hard on this event. Council Member Escobedo stated as he has been listening to the candidates running for election and if he had the task of cutting $4 million from the budget, where would he cut. This amount equates to almost half of the police department's operating budget. Do you cut children and seniors programs or cut the children's expansion ofthe new library or make cuts in affordable housing. He stated $4 million equates to a half cent sales tax. He stated he was thinking about Mr. Morales' groupthink phenomenon and how some of the candidates agreed with Mr. Morales that the council has group think syndrome. He looked at how groupthink applies itself and his understanding of this phenomenon. Three of the five candidates running against the incumbents taught him the true definition of groupthink. These candidates wait until the leaders installed their signs to install their signs next to them. 3 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: March 6, 2007 Council Member Comerford commended staff on the Accenture Match Play. She stated as council members they have listened to many allegations, name calling and ridiculing. She asked where the candidates have been over the past years while all the hard work has been occurring. She stated there have been no requests for minutes of council meetings in the past several years council has been together. She stated her and fellow Council members have been called un-American and corrupt. She asked where the evidence is to support this claim. She stated one ofthe favorite terms of the candidates is groupthink. They all use it. She asked if the candidates know what teamwork is and wonders if they confuse team work with group think. She stated she wonders if they have bothered to do the research on what the Council has done while making accusations regarding what they all think the Council has done. Do they know about the many study sessions with staff and Council to get everyone's input and the direction they would like to see the Town go? Do they know about the hours and retreats held to come up with a plan, a direction that would reflect the Town residents' wants and that the residents would take ownership of? There is the constant team building that they all participate in to keep the communication flowing. She stated that the council members actually have an interest in each others well-being. While they may not actually agree on every item they actually have mutual respect for each other, as well as for staff and will continue to act as professionals who represent this town. They do not bicker on the dais for hours just for the sake of bickering. They discuss respectfully to each other from the dais. The Marana Municipality is a family that takes care of each other and does a great job of taking care ofthe town. Staff knows what the Council expects to see and does not bring items to the Council unless they believe they are ready. They have involved the community in a lot of policy making and town mission over the last several years and continue to involve the community. Much of the ground work has been an ongoing project yet much has been established and accomplished. They are committed to their plans, directions and goals and so is the staff. They believe strongly in what they are trying to accomplish and the goals they have set. There is no hidden agenda. Almost all of the information can be requested and obtained by the public. You can receive the information electronically for free. She stated the facts are Marana is a wonderful up and coming community filled with wonderful people who have chosen to live here for many reasons. She stated the people who sit on the dais are members of this community, as well. They have worked hard, make the sacrifices, and are committed to doing their best for the town. She stated they do it because they love Marana if for no other reason. She stated teamwork, corporation and respect from your other team members is what you need to make things happen. She stated that over the weekend signs went up for candidates. Some claim they were targeted and signs were taken down by the town. Everyone was given the same information regarding the rules. Mayor Honea stated as far as the Accenture tournament sponsors that it was larger this year, the first year in Marana, than any year that it was in the San Diego area. The PGA and the Accenture have sent us notes and e-mails regarding how happy they have been with the professionalism of our police department, staff and the VIP volunteers. He stated he attended the Southern Arizona Town Hall group breaking ceremony at the Fox Theater last week and met with individuals that are looking at the same concept we are looking at and our entire region. What they want to do is develop procedures and ways to help with water, transportation, healthcare, and education within our entire region. He stated that he and Mr. Reuwsaat will be going to the four day Town Hall in May and there will be a lot of leaders 4 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: March 6, 2007 not only from the elected community, but from the business community, as well. They are going to try to set up a collaborative agreement to work on functions to help our community. G. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Mr. Reuwsaat addressed Council and stated Saturday while he was out, Mr. Iles Winder stated that he was not always complaining that he was appreciative of the work that has gone on and the progress made. He wanted to complement Barbara Johnson and Ryan Benavidez and the amount of communication and progress that has been made. He complimented staff on doing a great job and that it is nice driving on Cortaro Road on a fully paved section. H. STAFF REPORTS Mr. Davidson addressed Council and thanked staff for all the work they do with individual citizens and trying to resolve serious issues that face the community. Mr. DeGrood addressed Council and stated Tucson Regional Economic Opportunities is going to be putting out their economic blueprint for the region. They will be doing that at the Fox Theater on March 28th from 4:00 to 6:00 p.m. Tickets can be obtained from Tucson Regional Economic Opportunities. Over 3500 people have been involved in putting the economic blueprint together. We look to take the Tucson regional economic blueprint and then from that what we want to do is develop the Marana economic blueprint and that will be forthcoming with our business and economic development commission. There will be an opportunity for people in the community to sign up for the Arizona Town Hall. He has applications in his office for people requesting to participate. GENERAL ORDER OF BUSINESS I. CONSENT AGENDA 1. Resolution No. 2007-32: Relating to Development; approving and authorizing a development plan for Lots 50-53 at Peppertree Ranch Business Park. (Kevin Kish) 2. Resolution No. 2007-33: Relating to Streets; approving and accepting public improvements for maintenance on Linda Vista Boulevard in the Oasis Hills subdivision. (Aaron Suko) 3. Resolution No. 2007-34: Relating to Liquor Licenses; consideration of recommendation to the State Liquor Board for a new No. 12 (Restaurant) liquor license submitted by Ken Mannuel Gallardo on behalf of La Olla, located at 8551 N. Silverbell Road. (Jocelyn Bronson) 5 .~"""'_"~""".'O-<'''.''____'''","__,,~.........,..~_~..."~;..", " MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: March 6, 2007 4. Resolution No. 2007-35: Relating to the Police Department; approving and authorizing the renewal and execution of an intergovernmental agreement between Pima County and the Marana Police department concerning the Pima Regional S.W.A.T. team. (Richard Vidaurri) 5. Minutes ofthe October 17,2006, regular meeting. Upon Motion by Council Member Escobedo, seconded by Council Member McGorray, the Consent Agenda was unanimously approved. J. COUNCIL ACTION 1. PUBLIC HEARING. Ordinance No. 2007.03: Relating to Development; approving and authorizing a Specific Plan for Barrios de Marana. (Kevin Kish) Mr. Kish addressed Council and stated that The Planning Center on behalf of Barrios de Marana LLC requests approval of a rezoning for a 38-acre site called Barrios de Marana to develop a master planned community which reflects the Town's vision for the town core with higher density, attached housing surrounding a mixed use area that allows for commercial uses with the option of having residential uses on the second and third floors. The subject area is located about a half a mile north of the Marana Municipal Complex just north of Grier Road. Proposed specific plan will establish two land use designations, residential which covers approximately 18 acres ofthe site, most of which is the peripheral of the site. To respect the scale ofthe existing Marana Vistas and existing homes along Grier Road all the residential buildings will be limited to single story and will be set back a minimum of twenty feet from those boundaries. The applicant has indicated the site could yield approximately 350 homes which would not include the residential units over the commercial units along Main Street. Based on the development standards within the proposed project of a minimum of3,000 sq. ft. gross area per dwelling unit, staff believes they are looking at a maximum 270 units for that area as opposed to the 350. The second land use is the mixed use which covers approximately 20 acres of land. It allows multi-family housing on the second floors, but is primarily intended for commercial office use and activities of a Main Street nature. The development standard for the mixed use area has building heights up to 50 feet. An amended ordinance was handed out which includes four additional conditions which helps clarify some of the concerns they have been working with the developer and Town Manager's office on. The applicant is volunteering to do the $1,200 per unit fee to Marana Unified School District. Condition 16 addresses the structures along Marana Main Street in the mixed use area. Number 17 addresses concerns regarding having the multi-family use allowed by right within the mixed 6 ",~,~,~.,-'~,",~-~,,,,,,,-_,,,',,"~""""""'''~';'''~'~'''''-.'''''~' '",. .".. "'~ --,............""'._''''~'''~.'"__..,';_wo_...'_'''''_.,.~~''''''..;~"..,_.<".''"''',.",;.. ,..... "', MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: March 6, 2007 use zone. Residential will be allowable in the second and third floors of the Main Street. A conditional use permit would be required to allow the ability to do residential on the first floor. Number 18 addresses the permitted uses within the multi-family area or residential area. They have live/work units. On further review, it was felt that those were a positive thing for the balance of the community and the residential area that it could create additional traffic. They are looking at the southern roundabout where these buildings could front on Main Street and they could turn into the live/work units identified in the plan. The land development code requires 100 sq. ft. for recreational areas and multi-family housing. Within the specific plan there are very specific detail design standards. In the mixed use or commercial buildings the parking is to be in the rear of the building with on street parking in front. Harold Mencher addressed Council and stated that one of the things that concerns him and some other neighbors is that there is a 90 feet right of way which he guesses is for future expansion of the road. There are a lot of homes on the south side of Grier and some homes on the north side of Grier and he believes that will cut into the property lines. Mr. Reuwsaat stated the right of way that is indicated is only on the property. It doesn't cross the street onto Main Street that connects with the Municipal Complex. It shouldn't affect existing homes. Keith Brann addressed Council and stated the major routes right of way plan is a programming tool whereby they were acquire rights of way from properties that are rezoning and under development. The traffic studies they have done on northwest Marana have downplayed the significance of Grier Road significantly and it is shown on all current and future models to be a two lane roadway at this point. Although they will be requiring rights of way from properties that are rezoning, they would not be taking right away from existing residences. They have no intention of widening Grier to a four lane roadway. Georgia Acker addressed Council and stated she wanted to be sure that along the west side and all of the first row of housing that fronts Grier Road is single family housing, one story high. Jack Neubeck from The Planning Center representing Barrios de Marana addressed Council and stated that one of the conditions oftheir rezoning is that the residential will be attached. They cannot do detached housing. It will be single story wherever it fronts existing neighborhoods. There will be a wall along Grier and they have committed to one along the Marana Vista project, as well. Mr. Reuwsaat stated off the second circle to the right that is intended to add an additional access to the frontage road that is not currently there so that people in this project if they want to get to I-la, if ADOT allows, will be able to get on the frontage road and go down to the future Moore Road interchange and to the Tangerine Interchange. 7 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: March 6, 2007 Mayor Honea stated part of the concern there was they did not want to put all the traffic on Grier Road. The idea is to take the traffic through the old gin property and around into the intersection on Marana Road and into the intersection where everyone can get in and out going north and east instead of coming south. Ms. Acker asked on the diagram that if the Shaw's shop would stay in the same spot. Mr. Neubeck stated it was their hope over time that maybe they could acquire those businesses or move those businesses to another place. Mr. Reuwsaat stated that Council will have to go through a process to discuss the overall major streets and roads plan. That is still to come. Where Marana Main Street is there will be a connection through the old cotton gin site to at least Sandario Road that they know for sure and that's already in the site plan that has been approved by Council years ago. They are proposing if there is an opportunity to provide another access to the frontage they will take advantage of that. Council Member McGorray asked about what kind of parking would be offered for the homes. Mr. Neubeck stated in this plan there are duplexes, triplexes and sixplexes and each one has its own garage and it also has apron parking, as well. They have worked with staff to make sure they are compliant with the parking requirements. The first row of commercial parking which is adjacent to the residential will be joint use. The model they were using had two car garages. Vice Mayor Kai asked about the two roundabouts and also the back end type parking and whether it could be changed. Mr. Neubeck stated it could be changed and it was conceptual. The traffic engineer suggested this was a very efficient way. They worked with Fernando Prol and he didn't want any angle parking at all, but because of the expanse of the 90 foot right of way they felt that was appropriate. They are working to get Main Street implemented as quickly as possible. Mr. Kish stated that Fernando Prol did do more research on angle parking and is quite comfortable with it at this point. In regards to the roundabouts they are also a traffic control devise and sometimes the removal of a roundabout can lead to the implementation of a four-way, three-way stop or even a traffic signal. The current traffic study for the development shows a roundabout will handle the traffic quite well. Daniel Carman addressed Council and stated developing a large area of apartments gets away from the small town feel. He opposes these apartments and feels they will adversely affect the neighborhood, as well as the property values. 8 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DA TE: March 6, 2007 He asked what about the infrastructure to support 46 two story and 21 one story apartment buildings. He stated the schools are having a hard time handling the housing additions going up in the area and the apartments tend to attracts families with school age children and how will the schools be able to handle that. In an economic study done for Pima County garden apartments are in looses money category of the types of land uses ranked for cost effectiveness by governments. He discussed the word Barrio, its meaning, and the perception in shaping an area's future. He discussed the manner in which the proposed property owners were notified. He discussed receiving a black and white copy of an original and upon obtaining a color copy ofthe original he noticed that the word residential had been dropped from the one sent out. Wanda McDuff addressed Council and stated their property is the only one affected on three sides. She asked if the irrigation ditch was going to be removed and also asked if the properties behind her on the west could be one story. Mr. Neubeck stated as far as the notification they had a neighborhood meeting where there were color copies available. He talked about the small town Main Street feeling. He stated the irrigation ditch will be taken out and they could do single story. Mayor Honea asked if these units are going to be rental units or owner occupied. Mr. Neubeck stated it could be both. The way the zoning is proposed is as long as it is attached they can do for sale or lease. He stated it would be what the market will bear at this point. Mayor Honea stated that if it is all apartments that he would not vote for it. He stated they needed clarity to respect the neighborhoods around. Mr. Neubeck stated he did not have a problem with a percentage that was equitable as far as owner occupied. He asked what could be done to adjust the impact fees and to adjust the school fees. When they do a traffic impact analysis it's different for attached project compared to single family residence. He mentioned Red Rock and how there were no fees. Mr. DeGrood stated depending on what the product is, how the product functions will dictate what the impact fees will be. Ifit's a dense unit and it's clustered, that kind of a use generally has less impact on your streets, and for that reason there is a reduction that a developer can apply for in their impact fees irrespective if its rental or for sale housing. It's based on the density and the use of that type of occupancy. Council Member McGorray asked if clustering and density synonymous. Mr. DeGrood stated it has to do with density. 9 -'-"'''''''''''~''"'~V;_~""_,;.~.,,",,...~+"__, "~"""'~"""""'_"''''''''''_'~''''''';''"'''''"'''''''_____~~'''__'''. MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: March 6, 2007 Council Member Comerford stated she has concerns on the southern portion where they are going from residential to commercial. Mr. Neubeck clarified the areas for residential and commercial. He stated as far as the linear version of things that is one of the concepts of new urbanism. Council Member Escobedo asked about bus pullouts. He asked regarding the north portion that could be commercial, apartment complex style how would the parking be handled so people could associate commercial from residential parking in those areas. Mr. Neubeck stated as far as the designation of what will be parking that will be clearly delineated as far as what is joint use parking. He stated maybe they would take out one of the roundabouts and put bus pullouts. Mayor Honea asked about the CUP (conditional use permit) availability if they would say that the request has to come to Council and asked Mr. Cassidy ifthey could do that. Mr. Cassidy stated right now the way the CUP process works it goes to the commission and that's the way the code provision works. They would have to create a modified procedure which they can do. This is a specific plan so what they would do is rewrite any portion of the ordinance as applied to this property. Mayor Honea stated if they use the current CUP proposal that could be changed without ever coming back to Council. The CUP allows for permission to get a certain type of zoning, but then if somewhere down the line that zoning doesn't work you can come back and make a request for another type of zoning and if that is the case on Main Street maybe they should bring it back to Council instead of the planning commission. Mr. Cassidy stated you could change proposed condition 17 to say accept upon Town Council approval of a conditional use permit. Mr. Neubeck stated Mr. Racy informed him that on conditional use permit the Mayor and Council can request that an action taken by P&Z be brought before Council. Upon motion by Council Member Escobedo, seconded by Council Member Allen to adopt Ordinance No 2007.03 with four conditions to include the period per Mr. Cassidy's recommendation was unanimously approved. Upon motion by Mayor Honea, seconded by Council Member McGorray to amend the motion to also include 60 percent for sale residential houses and single stories behind the McDuff s home was unanimously approved. 2. Ordinance No. 2007.04: Relating to Health and Sanitation; repealing Chapter 10-6 ("Smoking") of the Marana Town Code, which prohibits 10 ~..".~.<_,"__~._,..~,..,w.,_~_....~._c..,~~_.,.,~,"".,"..".,'''''.,.",."'..........,.______ MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: March 6, 2007 smoking in public places with certain defined exceptions; amending Title 10 of the Marana Town Code by deleting Chapter 10-6 and Section 10-7-5, the associated penalty provision; and designating an effective date of May 1, 2007, to coincide with the effective date of A.R.S. ~ 36-601.01, the Smoke-free Arizona Act. (Frank Cassidy) Mr. Cassidy addressed Council and stated one of the smoking initiatives will become law on May 1, 2007. They have suggested when the Arizona Smoke-Free Act becomes effective that our smoking ordinance that we put into place that would sunset and that way the State enforces their rules and their rules will apply within the Town as everywhere else in the State. It removes the Town's separate smoking regulations. In discussing with staff and management it was felt it would be best to pull our smoking regulation upon the effective date of the Arizona Smoke-Free Act. Council Member Escobedo stated that the bars in Arizona have a movement questioning Proposition 20 I and asked if that was to move forward asking legislation to hold back on ARS 36-601.01 would that affect the time constraint. Mr. Cassidy stated no because the Legislature cannot undo any part of the initiative. It can be undone by a future initiative such as if the bar owners were to collect enough signatures and circulate another initiative that could undo the 2006 initiative, but even if that occurs that certainly will not occur by May 1, 2007 which is when the new act goes into effect. We can modify it that in the event of unforeseen circumstances that the Smoke-Free Arizona Act does not go into effect on May 1 st then this ordinance removing our smoking ordinance would then continue in place until that act goes into effect. When the governor proclaimed the vote on the Smoke-Free Arizona Act it became law, but the initiative itself had a provision in it that said its regulations did not become enforceable until May 1 st. Normally if they were going to challenge an initiative they would bring that challenge presumably as soon after the proclamation or even before the proclamation of the vote. Council Member Escobedo asked to have the amendment added to the prior motion. Upon motion by Council Member McGorray, seconded by Council Member Allen, Ordinance No. 2007.04 unanimously approved with an amendment. K. BOARDS. COMMISSIONS AND COMMITTEES L. ITEMS FOR DISCUSSION/POSSIBLE ACTION 11 "....-........'"--"_..'"''',,,..,.''''',,--''-',-~--,-,...,.,,..,--...,",,.",'-' MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: March 6, 2007 1. Discussion/Possible Action: Request for direction on possible annexation on the south side of Pima Farms Road at the end of Cerius Stravenue. (Kevin Kish) Mr. Kish addressed Council and stated this is located south of Pima Farms Road and east ofI-I0 railroad frontage road. It has frontage with the Town on the west side of its boundary. One of the challenges on this is providing sewer to the project. The applicant's proposal is for industrial use and economic development. The other challenge is the transportation. Cerius Stravenue has access to the property. Unfortunately the gap is within a County right of way so it would a County road coming in and the Town would have the frontage if the annexation were to go through along the northern Pima Farms area and then with the Willow Ridge project there is Sandy Desert Trail which is the extension south of Camino de Oeste which will also tie into Pima Farms Road. Depending on traffic analysis and studies, looking at potential improvements to Pima Farms Road, off site within the County area to Sandy Desert Trail, the frontage of this on Pima Farms and Cerius Stravenue. The commercial site for Cortaro Ranch if it moves forward would generate the traffic for a signal light for Cerius Stravenue and Cortaro. John Gutierrez addressed Council and talked about his development of Camino Martin. On the proposed annexation property he stated he went door to door to 13 homes that fronted this property and showed them two plans, a trailer park that meets County zoning or a conceptual plan and ten were in favor of a business park. What he is proposing percentage wise will be in the small area and the majority ofthe project will focus around that, but elements will go to larger bay to accommodate growth. On Pima Farms all the homes to the north would be viewing to the south and they will be leaving all the existing mesquite trees there. He is self-imposing a wider buffer than what the ordinance would be to leave the vegetation. The elevation A, he is going to copy some industrial condos. It is not an industrial looking block building. Elevation B would be similar to the old west. Elevation C is a smaller bay, 1200 sq. ft. Elevation D and E would be the larger buildings. His estimate of all the businesses combined would take in about $75 million in revenue. Like the tenants at old west not all pay sales taxes. Almost a third would pay into sales revenue in some form. If the same number applied $623,000 of that revenue would go to Marana. The rental taxes another $60,000. Marana Schools would see a $100,000 of additional income and not one student. Northwest Fire would collect $40,000 and the County would get the balance to $250,000. They are looking at employment for 760 people. If the wages were similar to old west there would be $17 million in wages. He stated he is passionate about bringing business to the town. He stated his attrition rate at old west is barely ten percent. Mayor Honea stated annexation they could do, but staff would need to be satisfied as far as public amenities. Whether sewer or septic would work, 12 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: March 6, 2007 roadways including the County piece. We stated it would be two things the annexation and then the details of working out implementation of the plan. Mr. Reuwsaat stated it will have to rezone and at that point the appropriate studies on transportation, drainage and waste water will have to be addressed in the rezoning and that is a concern on staff also. Council Member McGorray stated she is concerned on how it affects the surrounding areas as far as an additional stop light. Vice Mayor Kai stated the sewer system needs to be looked at and he does not like septic systems. He stated they should make every effort to hook up to the County system. Mr. Gutierrez stated the project would be dependant upon the Willow Ridge subdivision which is at the intersection of Cortaro and Camino de Oeste. One of the requirements of that plat was that sewer line was extended all the way south and reaches Pima Farms. In talking with staff it looks like that development is moving forward so with the expectation of it being there he would then plan on entertaining the necessary things to lift and pump their sanitation to that. Council Member Escobedo stated with annexation would it bring benefit to the town and he stated he believed it would. 2. State Le2:islative Issues: DiscussionlDirection/Action regarding legislation and all pending bills before the Legislature. This item will appear on each agenda while the Legislature is in session. (Mike Reuwsaat) Mr. Michael Racy addressed Council and gave a mid-session legislative report. They've had a near record number of bills introduced this year. The Senate is working on the budget. The House has a reduced committee list and is also working on the budget. So far the session is going fairly smoothly and rapidly, although they have deferred action on most ofthe controversial bills and on the most controversial budget items. There are 33 republican members in the House and 17 in the Senate. Consequently there have been many fewer of the more controversial issues and many fewer elements directed at limiting local government authority this year than the last few years. There were bills introduced to reduce revenue sharing. Those bills are not moving at this point in time. There is a bill introduced on development impact fees, but this year it is a consensus bill developed with the league of cities and towns and a number of communities. It is not the version that was introduced last year that would have had much more significant limitations and impacts on the use of impact fees. There is a bill introduced this year having to do with construction sales tax. That bill would materially impact the flexibility with respect to the use of 13 ,."""",<-">-",^,,,,,,'~,,,,",--,,"",,,,~,............._~;-~,,"'-~ MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: March 6, 2007 construction sales tax. That bill is not moving, but is one that they are actively involved in. The most active area is transportation. Transportation has gotten more attention this year at least in discussion and very little action. There is a new blue ribbon task force bill that is moving through the process. There are promises they will come back and look at expanded revenue sources next year. Most of the proposals for this year are not adding significant additional revenues. There is a transportation measure that has been brought forward by Queen Creek. It proposes an additional funding carve out of additional revenues, a very small amount, $20 million to go to hyper-growth, cities, towns, and potentially counties around the State. It's really designed specifically for Queen Creek. It doesn't do anything significant to solve the infrastructures issues facing the state. It is getting a lot of attention, a lot of discussion not only by the legislature, but by a pretty broad consensus of business interests. M. EXECUTIVE SESSIONS 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. N. FUTURE AGENDA ITEMS Notwithstanding the mayor's discretion of what items to place on the agenda, if three or more council members request an item to be placed on the agenda, it must be placed upon the agenda for the second regular town council meeting after the date of the request (Marana Town Code, Title 2, Chapter 2-4, Section 2-4-2 B) Council Member Escobedo asked to see the highway interchange commercial design standards. He asked also to look at the Town's stage policy and maybe make some adjustments. O. ADJOURNMENT Upon motion by Council Member Blake and seconded by Council Member Comerford, Council voted unanimously to adjourn. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on March 6, 2007. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk 14 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DA TE: March 20, 2007 PLACE AND DATE Marana Municipal Complex A. CALL TO ORDER AND ROLL CALL By Mayor Honea at 7:00 p.m. COUNCIL Ed Honea Herb Kai Bob Allen Jim Blake Patti Comerford Tim Escobedo Carol McGorray Mayor Vice Mayor Council Member Council Member Council Member Council Member Council Present Present . Present Present Pres Presen Present STAFF Mike Reuwsaat Gilbert Davidson Jim DeGrood Frank Cassidy Jocelyn Bronson Town Manager Deputy Town Assistant Town Town Attorney Town Clerk Present Present sent sent B. PLEDGE OF ALLEGIANCE AND INV(j)CATIONIMDMENT OF SILENCE Led by Mayor HonEi.iil:. c. APPROVAL OF .A:1l~,,)~econded by Council Member McGorray, item aced as number two and items 9 a and b will be moved to TJ1e agenda as corrected was unanimously approved. Dale Hill ssed Cncil and discussed SCORE, a service of the Federal Small Administration a v ;unteer organization that will begin offering business counseling in Marana beginnin 3rd. They will be using the conference room at the Urgent Care Center on Silverbe oad. In cooperation with the Chamber of Commerce they hope to offer this as a volunteer, confidential free service. SCORE in this area is made up of about thirty volunteers in Pima County who all have extensive experience in business, who are all retired and have gone through a training qualification with SCORE and the Small Business Administration. Jack Yancick addressed Council regarding the proposed Circle K at Twin Peaks and Coachline. He asked why they would want to build the biggest gas station Circle K has right next to a playground, a community pool, and a ball diamond. Why would they want to build in within a few feet of an intersection that has to have two crossing guards? Why would they 1 ~"'='~~~~-",,,,,,,,,,,,,,,,,,,,-,,,,",,,,,-..,..,,,,,,,,.......~~........~.,-,,,,,-,,",,,,.....,",..,-,,.,...' MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: March 20, 2007 want to build this type of station to attract whatever travels 1-1 O? He stated he has a petition drive, but he would like Council's action. E. PRESENTATIONS SAHBA Parade of Homes This event will take place next year and will feature seven of their custom home builders. Steve Canatsey, Chair, addressed Council and stated they look forward to working in Marana and providing an avenue for displaying their energy ef~~~~nt homes they will be building. They are expecting approximately 30,000 people to go tltt'ough the parade of homes and they will be open three weekends and two weeks. They be doing a charity event at the Parade of Homes. The site is called the Preserve ont . da. It is located on the southwest comer of Moore Road and Camino de OesteI>There <!pproximately 29 lots there. ANNOUNCEMENTS 1. Marana Police Department - SpecialOl Sergeant Hess addressed Council and state Founder's Day. They are now focusing on team major sponsor's are Trico, Conqllistadors, Jim Cl Farms, Marana Stockyards, ClwrrkiEanns, Atlas Western Heritage Community. Th~y are~_H~sting Cou completed thei lrst phase for and barrel racing. Some of their The Bridle and Bit Ranch, Post Ed Hannon R V, and the d the public's support. 2. Marana Chamber of Commerce Q9ar~rly R Ed Stolmaker t and CEO"ddressed ncil and stated they had a very successful r. The~i<!d 92 people at their last breakfast. They are moving their breakfasts to ti~Taste of'l'jexas starting i~,Apri1. Luncheons are now at Lazy K. - ArizonilWork Zone Safety Awareness Week F. S: SUMMARY OF CURRENT EVENTS ber Escob.p talked about Founder's Day and thanked staff. Vice Mayor ~il>tatedl~day there was an opening ceremony for the Yuma Desalting plant. This plant was co~~~cted 10 years ago by the Bureau of Reclamation and it was supposed to take water from the Yuma area, treat it, and deliver it to Mexico. Our obligation with Mexico is to deliver 100,000 acre feet of water down the river for Mexico's needs. The plant hasn't been in operation because there was a lot of water stored in the dams. Now we are in a drought storage time and it is necessary to get the plant going, clean up the water and fulfill the obligation. Mayor Honea stated that he, Council Member Escobedo, and Council Member McGorray went to the ground breaking for the Parade of Homes. There are seven specialty builders, very respectful of the land with very little disturbance. Mayor Honea wanted to thank everybody for giving him the opportunity to serve the community for the next four years. He 2 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: March 20, 2007 stated that the Governor called to congratulate him and that Marana is starting to make its mark. G. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Mr. Davidson addressed Council and stated all four lanes will be open on Cortaro Road mid next week. He announced there is a new program called the Citizen Request Tracker which is a part of the web site at www.Marana.com. It allows citizens to e-mail the Town on any issue they are experiencing out in the community. Mr. DeGrood addressed Council regarding the TREO economiqpltieprint unveiling next Wednesday at the Fox Theater at 4:00 p.m. Tickets can be ob~' through TREO. H. STAFF REPORTS GENERAL ORDER OK BUSINESS I. CONSENT AGENDA 1. Resolution No. 2007-36: Relating to~9graphic Information Systems (GIS); approving and authorizing the r to execute an intergovernmental agt~c:l'i t with Pinal ......<~for the sharing of geographic information sy ata and inf9pation. (Joe Lettrick) 2. Resolution No. 2007-38: 'elating to r Licenses; consideration of reco~~i?n to the Sta.~~Liquor B d for a new No. 12 rantJliq.uor license submitted by Bao Quoc Ma on behalf of Miss Bar an4.Grill, located,t 4650 W. Ina Road (Jocelyn Bronson) 3'D.200(i"'~~:~~I~ting to Development; approving and al plat fOt;Tortolita Vistas (Kevin Kish) 4. No.2 07...40: Relating to Streets; approving and authorizing to exe~te an acquisition agreement with Khurana t, Inc., an Arizona corporation, for the purchase of public y as needed for Thornydale Road, Project No. 2002-58 ohnson) 5. of the February 20,2007, regular meeting and February 27, joint special session. Upon motion by Vice Mayor Kai, seconded by Council Member McGorray, the Consent Agenda was unanimously approved. J. COUNCIL ACTION 9. a. Resolution No. 2007-45: Relating to Elections; declaring and adopting the results of the primary election held on March 13, 2007 (Jocelyn Bronson) 3 -""'_,...........iIo'-<.".....""'~'"~~........'''''''".'"''"''''~.,~,.,._,',..,.".."'"'~,,..,~'''''",'...~,. MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: March 20, 2007 Mr. Cassidy stated the County has provided the canvas to us and the law provides that the canvas needs to be approved within not less than six and not more than 20 days after the election. It is being provided for official adoption. Upon motion by Council Member McGorray, seconded by Council Member Escobedo, Resolution No. 2007-45 was unanimously approved. b. Resolution No. 2007-46: Relating to Elections; certifying facts regarding automatic recount of the March 13, 2007 Town of.,yarana primary election to the Pima County Superior Court, authorizi filing of a petition in Superior Court; and declaring an emergency Cassidy) Council Members Comerford, Blake, a.uJlAllE~n declaredacontlict of interest. Mr. Cassidy stated this item is esse yan automatic recount. re is a statute on automatic recount that provides en the . ference betwe e top and second candidate is less than ten votes i automatic recount. Those facts are certified into the Superior Court then t rt looks at the facts, and determines a recount. Because of our particul e, we have a code provision that says that if a person re~i e votes from th'l,11 half of the people submitting ballots they are dire ed without ng to go to the general election. In our situation, COl..lncil Russe lanagan, is basically two votes short of being directly el~te4~t the election. It is not clear whether that statuteta i:>ased on the ~ecific wording ofthe statute in that it talks about t andidates. At the sta el, t1i~e are no candiq~te elections where a person is running st just a er so 'rig to do and what they are recommending is unci ifies the a into court. He has prepared a petition and then eterrrti whether or not the automatic recount statute applies. The ates w en have an opportunity to give their positions on that to the judge, b the juqge determines that the automatic recount situation does then a re~unt will be ordered by the judge. If the judge decides that no, we are n()t dealing with two candidates, it doesn't apply then the judge ecid~~ot to order the recount. Mr. Cassidy stated that typically a court other interested parties five days to respond and then a hearing will be set ost immediately after those five days. He would expect by the end of next w ek the judge would hold a hearing and make a determination on whether or not to order the recount. Council Member Escobedo stated that based on the assumption on election night that Mr. Clanagan had won, wanted clarification on this issue. Mr. Cassidy stated on election night it appeared that Council candidate Clanigan had four votes over the fifty percent so it looked like he had directly been elected, but as of election night the provisional ballots had not all been counted and that is 4 ^'~'''4'.._"""..."_,~;_"""-,-,,~,,,,,_..~~,._;.,...~."~,_,...""_.,._-~,,--_.."~~",------ MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: March 20, 2007 the difference. There were also a few votes that had been mailed in and those were not counted until the next day. Upon motion by Council Member McGorray, seconded by Vice Mayor Kai, Resolution No. 2007-46 was approved 4-0. 2. Resolution No. 2007-37: Relating to Water; approving and authorizing the Mayor to execute an intergovernmental agreement with the Town of Oro Valley for water service to the Northwest Fire Distri<;~fire station located in Marana (Frank Cassidy) Mr. Cassidy stated this item is an intergovernm~p.tal~greement with the Town of Oro Valley regarding water service to the Northwest FiteJDistrict fire station at Star Grass and Cortaro Road. This is within the Town limi but it is immediately across the streets from some homes that the ToWn ofOro Va~y~urrent1y serves. This agreement says that Oro Valle n go ahe~d and hook the~~p fo~ water service when the Town of Marana water .~ilities we will then switch over. James Schuh addressed Council and stated ay_Iater in March there still is no water hook up to the statio sked how manyt~w,es are we going to have to pay to have this hook up. Jayme Kahle, Division Chief ofNhwest asked for support to approve the IGA. He stat~'b~~upplying Or lley To ouncil their approval to supply the waterto the dismct is the bes erest of all their taxpayers. This neighbo~~(,).od is actijally served by ee different water entities. Tucson Water is east oftheirlpcation.Qro Valley is of the location supplying the park and then they'rein~id~the serve area. The closest location to tap into a Watetis over a way and it is hard to predict what the cost extendlUles to their location. Another water utility has an eight inch ely inDrr~~~:~f their station that will not tax their system that allows their Wafer system. The building is about 80 percent. d DeSpain addressed Council and stated when it first started the idea was to ucson Water serve that station. Oro Valley is within 75 feet because they k right next door. Upon motion by Vice Mayor Kai, seconded by Council Member Comerford, Resolution No. 2007-37 was unanimously approved. 1. PUBLIC HEARING. Ordinance No. 2007.05: Relating to the Police Department; amending Town Code, Title 4, Chapter 4-1, by adding Section 4-1-8, entitled "Public Safety Employee-Employer Relations; Meet and Confer"; and declaring an emergency (Frank Cassidy) 5 -~><O_''"''''''~'___-''~'''-''-:'''''''".'''''''_''''''''''''''__.''.'''''''''''''4,~.,."~,,.~.._., MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: March 20, 2007 Mr. Cassidy introduced Beverly Ginn, outside counsel. Ms. Ginn addressed Council and stated they are talking about establishing the first employee association with the right to meet with members of the manager's staff to meet and confer on issues related to compensation and terms and conditions of employment. She stated the ordinance provides a process where on an annual basis the association may come forward and put before the manager for his consideration their concerns. The annual process is set to occur on December 15th each year. Within 30 days of their presentation to the manager of their concerns the manager's representatives will meet with members 9fthe MPOA to meet and confer on their concerns hopefully with the resolutioll beirig the adoption of a memorandum of understanding. That memorandugJ,Qf understanding would come before the Council on an annual basis for its apprOvaL Bill Lorefice, President ofMPOA, addres~~.Council and stat~d in other municipalities around the state this is agtowing trend. Howeve1)', it is usually met with a lot of diversity. He stated he . ud the Town and<the association have handled this. He stated he is v will be ablet<:rwork well together in the future. Mr. Reuwsaat stated he . MPOA have worked toget oud of the way stated he reco he administration and the ds flpproval. Upon motion by Council Me~ber CQ:m~J0ford, secOnded by Council Member Escobedo, Or<iinance No. 2007.05 was unanul'lt)ijsly approved. 2. 41: Relating to Special Events; approving and or the 2008}')q,ra,de of Homes (Gilbert Davidson) . and stated the Parade of Homes will be held resolutlO support is that we will provide in kind services, ordination efforts of the security, traffic planning and we any other type of issues that may occur. on motion '~Council Member McGorray, seconded by Council Member e, Resolut~(m No. 2007-41 was unanimously approved. 3. PUBl.J~~LJ:lEARING. Ordinance No. 2007.06: Relating to Development; approviPg and authorizing a rezoning for Marana Place (Kevin Kish) Mr. Kish addressed Council and stated The Planning Center, on behalf of the applicant, requests a change in zoning on 2.4 acres. The site is generally located at the southwest comer of Sandario and Grier Road. The applicant is requesting to change the zoning district from A to NC. The tentative development plan calls for two retail buildings for a total of 17,580 sq. ft. It will provide 95 parking spaces. Because of the adjacency of single family residences, staff has recommended a condition restricting deliveries to between the hours of 6:00 a.m. and 10:00 p.m. only. The general plan designates this site as part of our Town core. The 6 .'-""---"-'-~--""""-"="-"-"'.~"''--''-'''-'''''"~'''>'' ., MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: March 20, 2007 ingress/egress points from both Sandario and Grier will be provided into the development. Necessary rights of way will be designated along Sandario and Grier Road. Under the proposed NC zone there is no hour restriction on hours of operations. Vice Mayor Kai stated he did not see any retention basins and asked how the runoff from the current lots will be handled. Mr. Kish stated the drainage is part of the Town center at"~a. The northwest area plan requires it to retain onsite. This concept of retention areas is in the landscape buffer and around the perimeter of the site. With t application of the development plan it would be further reviewed ahianalysis ofthat to make sure it meets requirements of the codes. Linda Morales, from The Planning C storage they have considered some be to keep it on the surface in a land standpoint. fer, staled ifthey do n~additional rground in a tank. Their rence would area a cost and est . c Harry Christman who is.~member of the addressed Council and stat~I.~y are conceme that may be licensed to workinthatar~~. The othe interference. a Community Christian Church, t what types of businesses em is potential traffic if there weredients for the buildings yet. ey tentativelyb,ave a client, Family Dollar, for the larger of eir closing tijIe is 8:00 or 9:00 o'clock. The delivery d five. A suggestion from the neighbors was a yare ssing whether they can do that. They envisioned divided up into smaller spaces and nothing that would ation. Sandario and Grier are operating under IC an is is adding a modest amount of traffic. The traffic is not concentrated at anyone point during the day. Cdql~l Meqlfjer Comerford stated she is uncomfortable with doing the rezoniJ:).Il),f;>tknowing who the tenants will be. Mr. Kish stated one ofthe things they want to do is add an additional condition. They would like to make a condition this project would be subject to the commercial design standards. Upon motion by Council Member Escobedo, seconded by Council Member McGorray, Ordinance No. 2007-06 was tabled until after item 1.4 was approved. The motion carried unanimously. 7 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: March 20, 2007 Mayor Honea stated he felt that the following condition should be added: the development shall conform to the Town's commercial design standards. Mr. Kish stated the downtown or center design manual that was created did not take into consideration outside of the main street influence area. Upon motion by Council Member Escobedo, seconded by Council Member Allen, Ordinance No. 2007.06 with the additional condition #7 was approved 6-1, with Council Member Comerford voting nay. 4. PUBLIC HEARING. Ordinance No. 2007.07: B:~la,ting to Land Development; Adopting Commercial DesignStandat'ds Title 8, and amending Title 3, Definitions, of the Land D~'velopmentCode (Kevin Kish) Mr. Kish stated at the September, 2001:eouncillmanagementr~~eat, the Council identified commercial design stand s one o{ the priorities t established. In working with a consultant, drafts have tl~en created. The ing Commission held a public hearing on th rid unanimously recommended approval. The intent of the commercial des dards is similar to that of the residential design standards to establish a set ar, enforceable yet flexible standards that are applicabl~t~a,ll pertinent dev ent without the need to use the specific plan process. Sot):),e ofl,~90mmercial standards are to encourage consistency in the Clllality of ercial evelopment within the Town, establish a set ofbaseliI1e.. review c~~i{(}"r the commercial projects. They will also sistency fot\l1own staff, elected officials and the develo ity, foster a more creative approach to commercial deve the foundatioll for future commercial oriented specific plans, ass consistent application of the Town's design objectives g,$?yelopment is functional and safe. d apply to all new commercial development. In addition, ent of an existing center where all or most of the existing strucmre wou e raised and new structures built. In that situation it ould use an a~~ition of 50 percent or greater of the total square footage of the ing structtl,~es or exceed 50 percent of the current appraised value. Design st ds areprganized around site planning and building design. Site planning incluestheoverall site layout and building orientation including the relationship ofbuildirigs to one another which in the standards expands upon existing circulation, vehicular, pedestrian, landscaping and screening requirements. Building design includes the architectural character including requiring a unified design concept, foresighted design and provides special considerations to buildings visible along the 1-10 corridor. The standards address other concerns such as massing with respect to very large commercial box type developments and the long expanses of store fronts that require breaking those up into more articulation and better visual. They have identified materials and colors specific to the Sonora desert. The standards are not intended to appose a specific 8 ,...--_~""""._ii;.__.~",...,.""""",~~"__...~..~._.""""",,,_.,,,.....,,,,,,=~~,",,,,,,,,,,,,,,,.,,^,,";"m""".," MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: March 20, 2007 architectural style, but rather offer guidance in achieving the commercial development with the local sensibility. Upon motion by Council Member Escobedo, seconded by Council Member Allen, Ordinance No. 2007.07 was unanimously approved. a. Resolution No. 2007-42: Relating to Land Development; Declaring the Commercial Design Standards, Title 8, and Title 3, Definitions, of the Land Development Code as a public record filed with the Town Clerk; and declaring an emergency. (Kevin Kish) Mr. Cassidy stated this is the declaration of.publicrt;lcord in order not to spend funds to have it published. Upon motion by Council Membe~..Jiscobedo, seconded McGorray, Resolution No. 200f+~2 was un;:l.nimously uncil Member 5. Ordinance No. 2007.08: Relating to A~~~~_ori;lmnexing intolhe Corporate limits of the Town of Marana territory known as The Villages of Tortolita Annexation~~.mprised of apprately 440 acres of land within Pinal County, on the nortUsi_~of the Pima/P(:ounty line and east of Interstate 10. (Kevin Kish) petitions representing over 50 rty owners an<f.over fifty rcent of the real and personal ition, they are looking at translating the zoning. Currently, it inal County an<f will translate to the Town's designation of ded the infrastJ.;Ucture and service plan. ncil Member Allen, seconded by Council Member Blake, was approved 6-0 with Vice Mayor Kai abstaining. 007-43: Relating to Development; approving and eliminary plat for Old West Industrial Village (Kevin Kish) . h stat~ the applicant is requesting approval of a preliminary plat development of an industrial condominium project consisting of 16 units. project was presented to the Planning Commission in February. The Planning Commission is forwarding the preliminary plat with unanimous recommendation for approval. The proposed industrial complex will encompass 3.7 acres. The condominium development consists of a one lot condominium plat that will allow for some exclusive use areas that will create the ability to have suites that they can lease or sell to the incubator type businesses. This is located at the end of Camino Martin. Council Member Escobedo asked how traffic on Camino Martin would be affected. 9 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: March 20, 2007 Mr. Kish stated that they are looking at alternatives for Camino Martin. Additional roads connected to Regency Plaza have been under consideration and discussion. Based on the traffic analysis this is still an acceptable project to move forward to the development and planning stage. Mr. Reuwsaat stated staff is in the process of working with a consultant to do the Ina Road DCR so they can address all the issues. There will be recommendations about how to improve the traffic flow on to Ina through n boundaries. Vice Mayor Kai asked if the builder would be req~tep at their cost to hook up to the east if there was a spine road. Mr. Reuwsaat stated the options they have looked at dea The owners behind Lowe's will probab~ybear most of the bli creating a large impact. Upon motion by Vice Mayor Kai, secon Resolution No. 2007-43 was unanimously y€ouncil Member McGorray, ved. 7. Resolution No. 2007-44:.e'~~i1l,g to Budget; ad.opting Financial and Budgetary Policies and Gtt(JJelin ik Monta ricil and stated these procedures 1 conceptual fr~ework to vide the vision for a long-term died within a, budgetary document. These incorporate ded practices;y tlJe Government Finance Officers y provide fo~ithe necessary framework to build a well outtludget. Some of the specific recommendations deal e reserves, fund balances, capital planning, debt budgetary control. Coun.cil Member Escobedo, seconded by Council Member No. 2007-44 was unanimously approved. 8. ING. Ordinance No. 2007.03: Relating to Development; d authorizing a Specific Plan for Barrios de Marana. (Staff reques r clarification of conditions of approval; see March 6, 2007 meeting.) (Kevin Kish) Mr. Cassidy stated on March 6th they had quite a bit of feedback regarding Barrios de Marana rezoning of the specific plan which resulted in the addition of two conditions. One relating to a one story restriction on McDuff and second a limitation on apartment units to 60 percent of the total units. Basically when that was drafted and in discussing it with the developer they felt they could clarify it a little more. Item 19 is proposed to say any and all structures, any portion of which is located within the following areas shall not exceed one story and 22 feet in 10 ._""".."""'^"-''"'.........."'',.",..'-..''''"'''''....,~.....-...,.,......'~'''"...~,.........'~"''"''''',4' ""'....',""-.,..."",',,,.,..,..,,.."""'-,.'".~.,',',..'__ "..,;~_ MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: March 20, 2007 height, 60 feet from the property boundaries or 120 feet from any currently existing residence on those lots. Item 21 relates to the second condition. They thought it would be better to relate that to a total number of allowable units on the property because that way it is easier to account for. The way they have it written is at least 60 percent of the allowable residential units within the residential land use designation area shall be developed with residential units designed, developed and offered for individual sale. Item 20 says there shall be no more than 350 total allowable residential units within the residential land use designation area. Item 22 is deleting the reference to the minimum gross area dwelling unit. We just have the cap on total number of units and then we eli ethe area per dwelling unit. Mayor Honea stated he wanted something in th~s document that states the front buildings on Grier and the front buildings . tMarana Bstates and the two buildings behind the McDuff house 0 be ingle story buib;Utl:gs. Mr. Cassidy suggested a version Road or the residential properties along ting Marana Es~tes, Grier o . Council Member McGorr~y asked if the to attached units. Mr. Kish stated the specific plan hasS()n:).~standardswithin it, but we do not have a zoning an overly with <;ies.jgn startdat<;isfor multi-family or attached product Mr. located w and now the subdivision, G all structures any portion of which is ing areas s not exceed one story and 22 feet in height 1 structures fronting on the Marana Estates ential properties on McDuff Road. Vice Mayor Kai be a retaining wall sep arding whether on the western boundary if there would ting the two entities. Kish stat~ there would be a perimeter wall minimum six foot high between t boundaries. Vice or Kai asked if there are any plans for people in Marana Estates to have access to the east and are there any plans for pedestrian access only for Marana Estates. Jack Neubeck stated at the neighborhood meeting they expressed that there would be some breaks there and one of the logical places would be at Watz Road and also the south so they could walk through the neighborhood. Vice Mayor Kai asked if Marana Estates was going to get a pocket park. 11 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: March 20, 2007 Mr. Reuwsaat stated with the grant he didn't think they were getting a pocket park. They were getting lighting and sidewalks so they would either use Ora Mae Ham Park or these pocket parks if there is access -across. Mr. Neubeck stated there would be access. Mr. Neubeck stated the maximum number of apartments under this condition would be 140 and a lot of people would not touch an apartment building unless it was 200. He stated if it was by area they could make it work. He stated this had always been discussed by area rather than total number of units. Upon motion by Council Member Escobedo, seconded by Council Member Comerford, Ordinance No. 2007.03, version CwithtJ,:-umber 20 from version Bin place of number 21 of version C was unanimo~Jy appro~~q~ K. BOARDS, COMMISSIONS AND COM.YITTEIts L. ITEMS FOR DISCUSSION/POSSI 1. State Let!islative Issues: Discussio legislation and all ding bills befor appear on each age i1e the Legisl Reuwsaat) ctionl Action regarding Legislature. This item will is session. (Mike M. EXECUTIVE SESSIONS S. 38-431.03 (A)(3), Council may ask for vice with the Town Attorney s agenda. Session pursuant to A. discussio r consultation for leg c ncerning any matter listed on t ive ses~i~n pursuant to A.R.S. ~ 38-431.03(A)(4) to consult with uct tli~}'f~wn's attorneys concerning the Town's settlement ns reg~rding Town of Marana v. Tucson Electric Power Co., ty Case No. C20024896, a condemnation case to acquire ights needed for Cortaro Road construction. (Frank Cassidy) ve session pursuant to A.R.S. ~ 38-431.03(A)(3), (4) and (6) for advice with the Town Attorney concerning water rights issues and consult with and instruct the Town Attorney and the Town Manager on the Town's position regarding various pending contract and property acquisition negotiations with the goal of securing additional Town water resources. (Frank Cassidy) Upon motion by Council Member Comerford, seconded by Council Member Escobedo, Council voted to go into Executive Session. 12 ----~$.''"''.._''''"'-"-''''''-."......~"..._~.,-~--.'"'~,...,.,,....,'~~,,--'''...."-,-,." MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: March 20, 2007 Mr. Cassidy stated on item M.l they are asking to move that matter into binding arbitration as discussed with outside counsel, John Brady, in Executive Session. Upon motion by Council Member McGorray, seconded by Council Member Blake, item M.l was unanimously approved. Mr. Cassidy stated on item M.2 he is asking for authority to continue to proceed with the various water negotiations as dis sed in Executive Session. Upon motion by Council Member Escof?,~do, Member Blake, item M.2 was unanimoUily app N. FUTURE AGENDA ITEMS O. ADJOURNMENT Jocelyn C. Upon motion by Member McGorray, seconded by Council I hereby certify that the fore oing are the tru .. n meeting held on March 2 I further certr' s of the Marana Town Council was present. 13 TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: April 17, 2007 AGENDA ITEM: J.l TO: MAYOR AND COUNCIL FROM: Keith Brann, P.E., Assistant Director of Public Works SUBJECT: Discussion/Action: Relating to streets; approving the aesthetic concept for the Twin Peaks Interchange DISCUSSION An aesthetic committee consisting of Town staff and officials reviewed aesthetic concepts for the Twin Peaks Interchange. A concept using a "river" theme was selected. URS Engineering's sub consultant, Wheat Scharf Associates, made a presentation to Council on April 10, 2007, showing how this theme has been defined with specific features and elements. Town staff is asking for direction from Council to move forward with the aesthetics presented. This item was continued from April 10, 2007. ATTACHMENTS Exhibit "A" - April 10, 2007 exhibits are not included. RECOMMENDATION Staff requests approval of the proposed aesthetic theme and depicted elements with desired alterations (if any). SUGGESTED MOTION I move to approve the aesthetic concept "Santa Cruz River" for the Twin Peaks Interchange. Twin Peaks Aesthetics 4/17/20071:33 KEB TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: April 17, 2007 AGENDA ITEM: J.2 TO: FROM: SUBJECT: MAYOR AND COUNCIL Frank Cassidy, Town Attorney Ordinance No. 2007.10: Relating to Development; amending Sec- tion 4 of Ordinance No. 2007.09 (The Villages of Tortolita Specific Plan adopting ordinance) by extending to 60 days the period for Proposition 207 waivers to be signed, returned and recorded; and declaring an emergency. DISCUSSION The Town Council adopted Ordinance No. 2007.09 on April 3, 2007, adopting The Villages of Tortolita Specific Plan. Section 4 of the adopting ordinance contained standard Proposition 207 waiver language which the Town Attorney's office has developed for Marana rezoning cases, requiring the owners of the rezoned property to sign Proposition 207 waivers, for the waivers to be returned to the Town, and for recording within 15 days after passage of the motion adopting the ordinance. This approach allows all property owners to see exactly what conditions of rezon- ing to which they are agreeing, but establishes a specific timeframe for returning the waivers to avoid leaving a zoning case open but not operative for an indefinite period when Proposition 207 waivers are not promptly returned for recording. Town staff has now concluded that the IS-day period is simply too short a time for the Proposi- tion 207 waivers to be signed, returned and recorded. Property owners are sometimes for sign- ing, and there are often multiple property owners. Town staff plans to use a 60-day period for future rezoning ordinances. The land covered by The Villages of Tortolita Specific Plan is owned by seven different entities, and will require ten or more signatures on the Proposition 207 waivers (maybe more, depending on who has authority to sign documents for the various entities). The ordinance presented for your consideration at tonight's meeting would extend to 60 days the period for signing, returning and recording the Proposition 207 waivers as established by Section 4 of Ordinance No. 2007.09. If adopted as proposed, this amending ordinance will be adopted by emergency and become ef- fective immediately, thereby revising Section 4 of Ordinance No. 2007.09 before the IS-day pe- riod has run. RECOMMENDATION Staff recommends adoption of Ordinance No. 2007.10. SUGGESTED MOTION I move to adopt Ordinance No. 2007.10. {00004493.DOC /} FJClcds 4/10/07 ~'.'-'''''''''-"-'''-"""",~""''''",,,"''''''"''-'"'''''''''''''._~''''''",,",,'--''.-''.~'--.,;......., MARANA ORDINANCE NO. 2007.10 RELATING TO DEVELOPMENT; AMENDING SECTION 4 OF ORDINANCE NO. 2007.09 (THE VILLAGES OF TORTOLIT A SPECIFIC PLAN ADOPTING ORDINANCE) BY EXTENDING TO 60 DAYS THE PERIOD FOR PROPOSITION 207 WAIVERS TO BE SIGNED, RETURNED AND RECORDED; AND DECLARING AN EMERGENCY. WHEREAS the Town Council adopted Ordinance No. 2007.09 on April 3, 2007, approv- ing The Villages ofTortolita Specific Plan; and WHEREAS Section 4 of Ordinance No. 2007.09 established a IS-day period for signing, returning and recording waivers from the owners of all property within The Villages of Tortolita Specific Plan, waiving any potential claims against the Town under the Arizona Property Rights Protection Act (A.R.S. S 12-1131, et. seq., and specifically A.R.S. S 12-1134) resulting from the Town's adoption of The Villages ofTortolita Specific Plan; and WHEREAS the Town Council finds that the IS-day time period for signing, returning and recording the waivers is insufficient and should be extended. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, AS FOLLOWS: SECTION 1. The last sentence of Ordinance No. 2007.09, Section 4, is amended by re- placing "within 15 calendar days after the motion approving this Ordinance" with the words "within 60 calendar days after the motion approving this Ordinance". SECTION 2. BE IT FURTHER ORDAINED THAT since it is necessary for the preser- vation of the peace, health and safety of the Town of Marana that this ordinance become imme- diatelyeffective, an emergency is hereby declared to exist, and this ordinance shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 17th day of April, 2007. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney {00004496.DOC /} FJC/cds 4/10/07 ~'-'-~'~"'."-"~--"'~"""~o;'''''~"""",,,'''~_'''''''_~'''''';'''''''''''',"'M',""""'...,.....,.,'~" MEETING DATE: April 17, 2007 AGENDA ITEM: J. 3. a TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA TO: MAYOR AND COUNCIL FROM: Frank Cassidy, Town Attorney SUBJECT: Resolution No. 2007-57: Relating to Employment; authorizing the execution of a Supplemental Retirement Plan with the Arizona State Retirement System; and declaring an emergency. DISCUSSION To participate in the Arizona State Retirement System (ASRS), the Town is required to submit and comply with the terms of a Supplemental Retirement Plan. The Supplemental Retirement Plan is in a format provided by ASRS, and the wording of the resolution approving the Plan is taken directly from a proposed form of resolution provided by ASRS. ATTACHMENTS Proposed Resolution No. 2007-57 "Political Subdivision Supplemental Retirement Plan" RECOMMENDATION Staff recommends adoption of Resolution No. 2007-57. SUGGESTED MOTION I move to adopt Resolution No. 2007-57. {00004504.DOC /} 4/11/20074:51 PM FJC . ~- "'__.'''__..H''.........'''''"'-~_.....__''''''~......,,~......~,,''''.."'...........~~_"''''"'"~.,~.,...," :f '''' ,': ' : ' 'IO",~ '. ','1 .t.~' "" -if'ju; ~:.;j' ',fie':;b," tt~ :A'_,~ ll!!!;' "",' ";;.:... /1' 'l.~ -f ~ ~;. ~ 'l~ " "t " "'" -, . . . . . . . . OJ . () . ;0 )> . 0 . m () . . () z ^ . . () . 0 G) . r . s: ;0 . c . 0 . s: en . . m - c . 0 . ~ z . z . " z 0 . 0 . . )> . - z . -I . . - II . 0 . 0 . ~ . z ;0 . . . s: . . )> . . -I . . - . 0 . . . z . . . . . . ""\ . . . . . . - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - CD C10 3 CD3 9:~ ~ ~ ;3.=c ~O<~CD-J ~ :J "'C).U ).U ro" ~ o. 6" Q: c: CD )> en CD -5- '< ~ 5- a. :::J_ ...en Q.) CD '< (Q _ _ ~ en~~c-.......:J:J C1CDO~~~Q.) :T en ....., CD ....... , ,... Cf) 0... r-+....., CD ~ ~ r-+ Q. c :T ~ 3 ...VJ Q.) a. ~_ CD en CD M- CD -- < en Q.) :J VI ~CDor:Jr-+Q.);o :::J - UJ r-+ a. c- en CD $l r-+...CD 0 CD ~ ~ en -- r-+:J).U CD Q.)~8CD:TCDCD3 :JQ.)C.......~Q.)CD a. :J :J c-...en (Q :J Oa.~CD_CDr-+ r-+C1CD:JO:JCf) :ToenCD:JC1,< ~ 3 - ~<9 '< ~ -g 3 ~ ~ ~ ~C 03 ... ~:J C1 ~ "Q.) '< I)> .C/) ::;u Icn I~ ~1 L ~ G) .F > ;z I 10 ~rn ~ ~ . "'CO)("')r-+o..CD-I ~_ ::J 0 ~ m, 3 ::T 0.. CD ~ r-+ - - "'C CD ..c""o-::J_)> co-oCDO n, C r-+ 0.. '< (j) ~r-+::To-~;o "'C CD r-+ CD ~ (j) CD r-+ ::T ::J "'C ..., 0 CD CD c en ~ ~CD ~2:0) ::J CD 3 "'C n - ("') ar3~Q)CDO ccCD~?3~ CD 3 CD "'C en Q,o-CD()O~ ("')CDO)O'<..., ~ ::J en CD -- oeno......CD::J 3..., en~ ~ ~~CD3~ar3 ::J"" ..., x CD "'C -- I C en 3 - ::J ..0 r-+ 0) 0 (Q c ..- ~CD'<30) o ::J CD == ::Jr-+""CD:::n 0) 0) CD en ::J 0.. ~ en . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . l~ :cn 1::0 ien :j~ ......... I I . .....-......1 "'-l. > G) F ~ Z () ITr ~ ~ "'0 ., CD :5. o c CIJ 3 .......m ffi3 ,. "'0 -0 0,< S::CD )>rn CD ~ !::!:o CD c 3 0. CD ::::r :::J 0) .......< 0) CD o ....... o ::::r o CD c 0 ;1"'0 CIJ !::!: o "'0 :::J ., -. 0 o -. ., )>"'0 (J)~ ;00 (J)~ o ~. CD :::J 0. co ;:::+CIJ CD St=2 ::::r -. CD 0 ., CD "'0 0 C CD 0"0. o ;:::+ CIJ ~. CD ....... ;5. ::::r o )> CD (J) .......;0 3 (J) CD c CIJ o :::J "co ;:::+ 0) -< !::!: 3 CD CIJ CD =2 CD 0. :::J 0) -. -I ClJO":::S::::r ~ CD ~ CD ~oQ1f}; o CD :::s ;0 ~ 3' g (J) ., -. "ts "'0 o :::J .., ., c 0) CD 0 "'0 CD 3 :5. ....... _. 0. ::::rt::CD CD 3 CIJ o (I) Cl1 :::J ,... Q' co ... .., . .!+.:g CD ~ en 3 3 3 ~ o.ct),:-t- -. :::s CIJ_O' 0) as :::s O":::sCQ ;:::+Q.~ '< (I) ct) g t:: ~ ~ S. Q. :::J ..;:: -. ~o(l) ,<"""as "'0 tr e: ., ct) :::: O:::S.::J' :5. ct) .;-. o.:::!l:::s- CD c;;- ct) 0. as 0" - '< =i S ....... CD -. ffi-l~ IOt:: 0) ~ Q1 q:::J:::s o ~ (') ., 0 ct) 0. C .. -:::s- o.ct) 0" as CD - S . ::0 CD t/I ;0 0. 0 CD CD CD c $>> ....... :::n., ., -. :::J ., (') CD CD CD -::r 3 0.;1 _. CD 0" '< ::l :::J CD .....lo. Q. .......:::J 0 _. (J) ~ 0 (') d5 ;:::+ 0 $>>_ ....... ., -. CD CD ....... (1) 3!::!:::::r(J) CD CD 3 CD CD <5' ;10= "'0 CD 0) VJ :::J VJ C VJ :::J -I 0.0 ~ ~ .......:::J ::::r"'O CD 0) c ::::+ 3 0' 0" -. .,"'0 CD ~ 0) en ao ....... ., ::::rVJ CD 0 "U:::R c 0 0"0) ., o CD (J)O) 0) 0. -.'< CD 0" .......CD '<- o :::J co ....... o 0) ..........0.)> 0. CD CD:::!,,!c.. :::!"!::JCD ~ CD or c..c..=.: 0-8~ CD ::J CIJ ::Jr-+r-+ CD ~. C :::!"! 0- 0. r-+c,< ""0 !:!: () 0) 0 0 ::J ::J 3 ~""O""O :E 0) 0) ^, ::J ~. ~-::J CIJ:E<C () -. r-+ or-+:::r ::J :::r CD c..g:() c CD c g. ..., ~~ro N ::J ::J 0 r-+ ::J ..., OO)~ s-~ro 0-0)3 CD r-+ CD ..., CD ::J r\J;ur-+ oCDCIJ o !:!: '< ~...,CIJ '.n CD r-+ g ~ ::J - r-+() (f):5: 'U1)> r-+ ............ CD "J:::.. 3 0 ~ ............0) )> (f) ;U (f) . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . CD ro ~) A lQ ........ o c: ::J 0. ~ "" . . . 3~-I CD--.....1::::r 3.9'>CD 0"0)> CD 0 (J) ::f ::f ~q;oOl Ol o ~ (J) :::::l :::::l C1 C1 0'> --.....1 ~ 0 0'> W < < 3 C1 CD CD ~ 3~ en CD CD Ol ~ en 3"0 Ol Ol 0""0 ..... :::::l CD .., ...J a. ..,0 CD ~ en ><" 0 0 '"ro 3 ~ :E :::::l ~"O ~ a.CD c Ol --.....1'< 0" :::::l _0 N C1 a. ONCD o..j::::.:::::l 0'0 ~ CD 0 ~ ~OCD ::; 0 Ol en CD C1 a.~ Ol < :::::l CD 0.3 a. CD en" 3 0l0" O"CD CD .., a. _en ~~ o 0 .., .., CD CD . . . Il~-I o 0 CD C .., :::::l ::4- CD C1 CD ~ 0 ~ ~ 3 C1 :::::l 3 o ..j::::. c c ..j::::. :::::l :::::l W ;::::+: ~ "0 '< CD C C1 en 0" 0 - - -" CD C1(O en CD C1 en ::::r o o a. en ~ ~" C1 ~ en Ol :::::l a. C1 ::::r Ol ::4- CD .., en C1 ::::r o o en )> . . en o -I~""'" ::::r 0 c..... CD .., C ~ CD :::::l ::::r~CD "'::::rw ~ ~ 0 ~~N 0l~0 ~oo CD en ..j::::. c ~ :::::l Ol )> <0 (i) (J) ~ Ol ;0 en (0 (J) ~ CD CD ~ g 3 _0 "0 CD - en 0 '< CD .., en :::::l C1 C a. CD ~)> C1 :::::l ~o o c ..,~ CD en :::::l~ ~Ol ;::::+::::::l CDO ~ en :::::l 0"(0 CD .., -CD o C1 :::::l .., (0 ~o ~ 03 ~CD ::::r:::::l CD~ en Ol ,<:::::l en a. ~.., CD CD 3(i) Ol :::::l :::::l~ 0.0 ~:::::l ::::r ~ CD 0 "00 Ol Ol :::::l en en"Ol < 3 CD 0 ~~ "OOl 0= ::4-"0 Ol C 0" 0" CD C1 " -I ::::r CD .., CD Ol .., CD en CD < CD :::::l .., CD ~ .., CD 3 CD :::::l ~ Ol :::::l :::::l C ~ '< o "0 ~ o :::::l en Ol < Ol Ol 0" CD ~ o "0 Ol ::4: C1 "0 Ol :::::l ~ .en . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . OJ 0) C1 7:::- CO ., o C :J c.. C1 o :J " .... ,..... . ~ -- "'Tl o -, CD >< 0) :3 ""0 CD ~ <C CD (}1 (}1 (}1 + (f) CD :< () CD I\.) ~ (}1 II ex> o ""0 o :J ....... (J) -- . ex> o ""0 o :J ....... (J) () o :3 0- :J 0) ~ o :J o --+. 0) <C CD 0) :J c.. '< CD 0) -, (J) o --+. () -, CD c.. ....... CD c.. (J) CD :< () CD . . ~ <C CD (j) I\.) ~. ....... ::r ~ o o -, :3 o -, CD '< CD 0) -, (J) o . --+. (J) CD :< () CD ~ <C CD (j) (}1 ~. ....... ::r 0) :J '< (J) CD :< () CD . I s:g-i CD~~ CD CD Q) :::h 3 ..., r-+ CD CD g- 3 (J)r-+O'" r-+o CD CD ..., ..., ;:3.0 ::J"" ~" C CD CD Q) -+,a.~ o 0'" CD" o '< (J) ~" s: ~ ~ CD ..., co )> ~ Q) (J) 0 co ;0 ..., CD (J) 3 o Q) ..., 0'" ~ CD ..., (5 ~ m. ~ CD ..., r-+:::hCD (J) ::: 3 (') 0 CD ::::: ""3 ~ CD r-+ ~" ~ ~" r-+ o ::J"" ~ r-+ 3 ~ CD -+, CD C r-+ ~ co . z o .., 3 S>> c::::" :;0 en ~ C'"' . C .., (I) ~. \r ..~ ==-J ,--:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ ~ ~ f'"""t ~ . ~ ~ g ~ ~ t--t-, o " ~ . I ot~(')3enr-+)> (') CD Q) CD ~ ::T r-+o-(') ~CD3 o en c 3 -. 3 CD .., -. - 0- (') ~m91CDCDCD3 -. .., 3 0- m g en- go-CD cc. 0- r-+ CD .., ~S:CD::T"'3 0... 0 :J CD en. Q) :J..,~CDQ)'< ccCD;:::+~r-+'" -. _. CD - CD CD.., :J en . (') CD !::t --+. r-+" \ .., r-+ 0 .., -. ~ CD .., .., CD < en CD30...CD;0- 3 9l?5 e-cc ~ CD -. CD ~ CD 0 :J 0 r-+ .., r-+:Jo...CD(}1CD .c --+. 0 0 .., C 3 0'" --+. <: CD Q) Q) 3 .., < Q) == '< CD;:::+ (') --+. r-+!::t::T::T ('). 0- ::T .., -. Q) CD CD CD Q) :J !::to:J33cc o 0- 0 CD -. :J :J r-+ :J:J 0 en Q) .., r-+ -. .., Q) :J. ~ I ~ 3 :JCD-03Q) 0...0...0- .., 0 CD ~ 0 m CD:J:J<--+.!::t o...r-+~CD:::hm C ::T -. .., < 3 (') CD r-+ ~ CD r-+ r-+ CD o. )> ::T '< :J :Jen CDffir-+ ;0 .., ~ en en::T o CD --+. :J m Q) .., - '< .., CD ..... -- ~ CD 3 ~ t:"'; . -.'1. r- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ ~ ~ r-t ~ . (1 ~ g ~ ~ t I ~ o " ~ . . . . . . 0 . r . 0 CD . . -0 N-o 0.. 0.. ~ ::1 0 O)""U -h . e ;:::p..., -- 0) --..., - - CD :::r (Q . ::l. c..u CD en en - - ..., CDO ::1 ~co 0) -- en ..., ...,< . -- o-co -I CD CD . o _~::J --::J-O ::J )>0.. . -0 0 0) ,..+ CD 0) r""'+- eCD C. . ~ 0) -+I ~ '< o..::J CD en COO) . ::J r""'+- ..., .., 0) e OJ . r""'+-:::r~ CD 0--0 3 O)en~ . o-CD ~en a ~ r""'+- CD CD . CD~ e-o< ~r""'+- ::1 . ~ o :::r ;:::+ 0) _ _ 0 0) - -- . o 0 CD --::l. 0.. r""'+- N 3 CD . 3 ::J o-::J -- CD -- r""'+- 0 CD r""'+- 0) co 0) en en ~ 0..., -h . -- . CD :::r en =r,< r""'+- Q.) ....J..CD ...-+ . en '< -- 0 :::r. r""'+- - r""'+- . g 0.. o 3"" CD C- O) :::::;- -- m 3 CD 3 ...,CD . ~ en 0) -0-0 -- . 0)""00)0)0) - CD CD3 -- . 0- ::J _::J 0 0 ::l. ...-+ 0 CD CD . CD ::J :r 0 CD 0- '< -+I ==::J . ~ ...,COr""'+- o..CO - < ---0- CD -- . - en '< CD ::J 0) r""'+- 0- 0- . 0)0-m8::J -- -CD . enCDo.. r""'+- m CD::J . o ::J -- 3 ~ 3 r""'+- CD . 0-+1 . 0 -+I CD ::J CD -- CD...,;:::::;': . -+1'-- - r""'+- ::J CD' :r;:::::;':~o:::r ;+'0)> . ~ CD --'< en 0) CD _ (/) . en _ r""'+- . ('t) 0.. en en 0..3 <;0 . ~ en 0- e 0 CD(/) . g CD N ~ ~. ::J -63 . r""'+-(:;3::J::J:r . r""'+-CD .. :::r CDCO . C/'J O)-oen-o'< 03 . r""'+-CDen 0- 0:> 0- . r""'+-..., CD :::r 0 0 ~_ CD OCD . CDCD""O::J ~..., . ::J 0.. CD o en . r""'+- en =n O:::r . r""'+- --. 0 -+1__ . en r""'+- ..., -+I :::rCD . en r""'+- CDo.. . 0 . r""'+- ..., ~ 0) . . . . . . . . . . . ;0 s: . . CD CD . -. CD ::J'" -. -. )> ,.... 3;0)> c.. . :J_Ol:J:J -. . en - . en en en .., CD CD en -. . (0< CD c..~Ol (") C -. CD C C "'0 -. .., .. .., 0" ..,.., Ol CD (")CD.., Q) . CD CD ::J'" Ol Ol ;:l. Ol3~ .., CD:J:J . C)'Ol(")(")o -0 CD -. -0 . ~ _CDCD-, Ol :J :J. . .., .-. .., :J .-:J Ol::J"';oQ::f - . CD e:. (j) (0 Q) . 3 :J. CD CD CD 3 0,< CD ::l . oen~30" "'en3 . ~ C .., -. CD -. c.. .- "'0 :J.., CD C:J C CDCD- . ::f~~3~ 3 :J30 . .- '< . '<(");:EO";:::+: Ol-CD -)>CD . "'0 CD -. CD 0 . ..,.-::f:J-, OJ "'0 (j) 0 . 9 CD::J'" CD CD Ol;O-, 3 .., -,-,3 :J (j) Ol . ~ 0-.-. -. C < .- CD ::l ........... . c(OCDo-3 CD "'0- "'U . 3::J"'oenO" a "'0 Ol . .., CD ::h <Ol;:l. . ~ 0"::f3c", ,.... -. ;:l. -. . CD "'0 en c.. -. (") :J CD 0 "'0 ::J'" -0 CD (") -. . ~ )> CD CD "'0. c.. "'0. -g . .., O"Ol~ . ;:::+:(j) 3- 0 - '< .- ,<:J:J . ;:E ;0 CD CD ::J'" to .- w(O . 0 ::J"'(j)Ol:JCD .., .- .., ::J"'Olm . ("). 0 en .-)> Q) CD.., 3 . ~ ::J"''''0::J'''(j) 3 )>CD"'O . .- CD . -. ::J'" -, ;0 (j)CD- (1) enCD(")(")(j) ;0(0 .~ . "'0 -..., 0 . g "'CDen (j) -. CD Ol """'t,c...-Q 0".., . c.:Q;:::+:oo CDO . .- 3 CD -, <. .--' . OCDc.."'c.. 0'- . (J'j ::J'" '-..,en~CD CD CD . ::J'" CD -. en ~)> . CD3<CDOl . ::J'" -. CD 0.., . CD "'0 (") ::J"'::J'" =N. . Ol 0 CD. CD CD -.0 . ;:+'< ;:E Ol Ol :J:J . ::J"'CD::J"';:+::f OlOl . "'O::J'" (j) . Ol .- .., Ol . CD .- . ~ CD . . . . . . . . . . . . --i Z ~ . () z G) . Q) 0 0 . >< 0 0 c . r-+- en ..., I ^ Q) . Cl. Cl. r-+- ::J . CD CD 0 < CD ..., . ..., Q) . CD' "'C ........ CD en ::J . CD - en r-+- . 6: ..., -- ::J < r-+- CD . ..., 3 CD Cl. -- CD . ::J . Cl. CD (C CD Cl. . ::J ::J . < ..., Q) ..., . CD r-+- r-+- CD ~ Cl. . r-+- 0 ..., r-+- . -- '--- -- -- g ..., .::J c en ..., . CD CD . 3 r-+- en ^ 3 . ::J"" r-+- r-+- . ~ CD CD 3 0 CD . '" ::J CD ::J . crq "'C "'C . r-+- ::J r-+- (D Q) Q) . en r-+- . Q) ::4- en ::4- ::J . (JJ -- (') . < -- (') (') 0 . 0 -- -- -- . ::J "'C "'C 3 . (C Q) Q) . t I ~ en ::J ::J CD . r-+- r-+- en . ~ 3 .. en . en CD . CD (') . Cl. Q) C . c- . ~ -- ..., c -- -- . - r-+- . 3 -- '< r-+- . '< cY . r-+- . 0 ..., . . en . Q) . . < . CD . . ~ . . . . . . . '-+z o 0 "'0 ,-+ ::::J . rr < CD Q) ::J co CD :::h en (') CD -. (') Q) ,-+ o ,-+ -. 0 o CD -. 3 CD "'0 Q) - < 0 CD~ rrCD CD en O'~ -. ::J"" CD 0 -. CD "-. ,-+C ,. 3 CD "'0 3 -h CD -. ::J 0 '-+3 "'0 C rr - -. (') (J) o 3 CD ,-+ 3 CD en c.. -. ~ (') c ,-+ ,-+ o C ::J c.. CD -. en ,-+ Q) ::J c.. rr '< "'0 Q) ::4.- -. (') -. "'0 Q) ::J ,-+ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . t) ~ . C/"J ~ ~ ~ .~ M- ~ crq (D C/"J o ~ ~ ~ ~ ~ . . . . . . . . . G) ~ ""0 .....Ji.. r """'""0 -; . eo ::TO) . eo 0) 0 c 0) . en ;4. 3 ~a >< . :J C '< . eo -. eo 0- - 0 "'C o Q. . ,...... ~ en -. 0) eo . 0) "'C ~ en ::T"'C or . 6: - 0) c o 0) . - 0) . '< :J 3 O:J ~ < ~ . eo ,...... eo en ,...... eo . en 0- eo en . 0) ~ 0- < 0 0) -. ,...... ::T . en en . -. 0) co ,...... o 0) ~ . ~ - eo '< :J -. ~ < . :J -. en ,...... g c- eo -. . c c- co 0) ~ . :J eo c < 0) eo . ,...... eo 3 . ~ 0- :J 0 0" . ~ eo eo :J eo eo . crq ~ :::h :J . en ;4. (t) en ,...... ,...... . ,...... 0) . C/) 0 -t-. 3 en . ~ -. 0 0 0) :J 0) . . 0 0- 3 '< 0- < . -. . c- co c- eo :J . t I ~ '< eo co co . 0 ~ en . ~ "'C 0 eo eo . 0) 0- - eo 3 . -. . ;4. co 0 eo . -. :J -. 0- . 0 < c- -t-. . -. - -. "'C eo eo ::T c . 0 3 . 0) en ~ . :J ,...... ~ . ,...... 3 ~ ~ . en -. eo 3 en . en . :J "'C C ^ . ,...... eo 0 . . 0 ::T . -. . 0) . "'" . . . . . . . . . . . ~ -u 0 . -. ct . 0 0) -. . ::1 ::4- 3; . (') . ~ -. ::T (') C . U -. . - "'C '< ~ . 0) . 3 ~ . t--' · ::1 0 . (JJ 0 ~ . ~ en 0- . ::1 0- C . ~ CD -. . CD - ~ a. . 0) 0) . ~ """"'S 0) . ~ . ::1 ......, . g 0- C . CD < ::1 . ~ ::1 CD a. . ~ en . CD ~ 0' . CfQ ::::n 3 . ~ """"'S . (t) en CD . ~ . (JJ 0) ::1 ::T . """"'S ~ 0 . CD ::'L en . 0 en CD . ::1 . t I ^ ~ 0 ~ . ~ . ~ ::T . (Q 0 . c . . 0) CD . """"'S ::1 . 0) ~ . ::1 CD . ~ """"'S . CD . CD 0) . . a. ~ CD . . . ::1 . . ~ . . . . m m 3 3 1J 1J - 0 0 '< '< CD CD .., CD ex> ex> ttJ5"::I:"'C:;;O 0) 0) CD (/) CD CD CD 0 0 ::::s ~ Q) ::::s ::::!: ~ ~ CD..,;;:::;(/)'" 0 0 .... Q) :::r -. CD -. 0 3 .....::::s ::::s n CD CD Qo ::::s ..... 0 0 - or- ::::s -. 0 CJ1 CJ1 n (/) ::::s 0 0 0 Q)(Q ~ ~ 0 0 3 C'" -. -I CD - -. CD "'C~ .., - 3 Q) ::::s CD CD -I """" """" 0 0 0 ..... Q) ~ rfl - 0 . )> . . . (j) . . ;0 . . . (J) . . . 0 . . . 0 . . :J . . 1"'"+ . ..., . .- . cr- . . c-: . . ,.... - "" . Co _ . -" . - . ~ . -- . . :x . . Q.) . . ,..-i- . CD . . (/'! . . . C . . Ch . . I . C . . -..",1 . "'-' . . . . . " . . . . . m 3 "C o '< CD .., CD ~ ~ o o CJ1 o ~ o co , 0') ~ o m 3 "C o '< CD CD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD OJ 5' (I) en ~ c (I) .., :!]Q) .....~ (') (I) ::I:"'C:;:C (I) (I) (I) Q) ~ ~ ::;en.., :J -, (I) o 3 ~ (I) Qo~ ..... ~ ~ o o CJ1 o ~ o 5'e. (') Ci)' g ~ ~(Q -=-1 ,., -. (I) :2~'" Q) 3 ~ co , 0') ?fl. -I o ..... Q) )> (j) ;0 en o o :J r-+ ......, -. 0- C ,........ - ~ C :J ;0 OJ r-"\- (D (j) o ~ I C ~ '" . CD 0 -. -I 3~~:::T "'CCD.,CD - :::!. CD 0" O:JOOCD '<coen:J CD 00 CD CD CD ~:::h o 0.. -. r-+ '< ~g:en 00 - . r-+ "'C ;:+:J:::TOO '<~CDC: 00 rr:J 0 :JCDCC o..:J3r-+ ., CD 0"0 $B.:::hCD....... CD r-+., 00 a'"Q.oo.. - . 00 ....... CD o :J '< :::h :Jr-+CD:J . :::T 00 CD CDUlo.. -I en 0" o CD CD ~ <: :J :JCD~ a 0..;::+ 00 . "'C :Jroor 0" '< :J o o en r-+ . . co "'C 0 o C CD <rr:::h CD ==:J ., a CD :Jeno.. 3CDrr CD a CD aO:J CD ...., CD ....... 3~;::+ "'C ;::+ "'C - :::T - o 00 '< (X):J CD (X) en CD 0 en d' (D :::TO 3 00....... < en ~. -. r-+ :J :J 00 co r-+ "'C CD ., 00 00 CD O:Jc.. OJ::~ "'C 0 -. -a:J 00 00 00 :J-:J . r-+ ~~:JO ;::+OCCD :::T~3:::h 00 "'C rr:J -CD CD "'Coo.,o.. (DaOrr 0.. CD ....... CD -.., OO:J $l$B.o..CD n'\ - . < ....... ~., -. rrCDOOr-+ -3:J"'C CD r-+ CD 00 CD 00 :J :J :J co en 0.. r-+ CD -. "'Ceno en-~:J CD ~ ~ "'C a ...1- cenCDOO (D .-I:J :J a en rr:::Too CDCD3~ :J'< CD "'C "'C ~ ........,00<: ;::+0"<:: .......<CDo o -. 0.. ., .,0..r-+7' ==CDOCD ct~oUl og:oo ~CD CD ., ., en :J r-+ :::T CD . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - Q ~ n ~. ~ . o ~ '" ~ . CD-CCi)('")oo('")c-OO=:CD--I 3 CD (J) g ~ g ~ ~ ~ 3 CD::::J'" ~ CD""" S. r-+ 0 r-+ CD - - ==-C ~ ~ ::J -- - ~ o ~ r-+ -- ~ --....., r-+ 0 \.J Ol.... c-...J 0- -- (C '< '05 0- 0. C g: C .; (J) :E '05 ~ CDoo CD ~ g CD g Q) ~ ::::J'" en 0 - -+.::J::J ::J::J ~ ==- o CD 3 00 00 r-+ CD 0 CD~ ~ c.. -C 0 ::::J'" 0 -~<OlCDCD ~ ::::J'" rT' Ol CD <:::: - - - 00 ,,00 -- \.J::J CD - ~ -- (C CD 00('") =0 CD Q)::J Ol ~ ::J.... 0 Ol ~ 3 c-(C ::J '< CD 00 3 0- CD =: r-+ 0 (")~c303~~og: o ~ g. 0 c5"O ~ S" CD ~ -5 Q) Q) ::J r-+ 5" CD co g. Q) CD ::J 00 c..::::J'" '< CD ~ ('") c.. ::JOOOl~CD~?>~CD03 00 ~ ~:5 - -(;fl 00 0 ~ r-+ ::J OlCDoCD~r-+CDCD::::J"'r-+ CD ....., ~ c......1\.) 0 :::n 3 ~ - ~ c..~"'-'" 03::JCD~ CD" 0 CD::J r-+ CD ..0,:-, OOlc..r-+Ol....., C ,,>< 0 CD )> ('") CD ~ ::J 00 Ol ~Ol -C '< . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - g ~ n ,=' C/) ..... . o ~ n o ~ v rl . '" "'""' . . . . Q) en ;0 -C r-+;::;: : ::J r-+ co Q) ::T _. : Cl. r-+coQ) ~ ;:1. co en : r-+ .., o. -I r-+ · ::T Cl. co -. 0 :::T : co~3-o~co : Cl. ::T CO ~ ::J CO.., : 00. CO a co 0 ('") : Q) Q) -. ...., 0 : Cl.Cl.~~S:3 : <<en::TQ)3 : Q) Q) r-+ co · ::J ::J co 03 co : or or 3 )> ::J::J : co co. :::::! · Q) Cl. : coco N Q). enen)>o~~ : en::JcoO: ~~-cQ)a::J : co co .., en r-+ 0 : COr-+O""'. CD' ::J < Q) en: ~ C o. r-+ r-+: · 3cco Q): co en =R: .., - r-+. o '< :::T: C Q) · . en r-+ . . . . . - . ~ n o " rD. ~ CL ~ ~ . o ~ ~ . . . . . . . . . . . . . . . . . . . . . . . . : ~ . . . ~ . . . . . . . . ~ : ~ . . . . . . . . . . . . . . . . . . . . . ~ . . - s:: \J tn. -1m )>3: -1m mZ G)> -<-I o Z . . . . . I\J () 0) -I : OO::JO: ~5~~ ~ · ("") CD...J . ==.., s: : 0) en 0) : ,........o::J : en CO): ,...... CD CO · C en CD : c.. ~.., · '< 0 en : en::JC: CD en 0- : ~ ~3 : -- .., -. . g s: en ~ ... 0) -0 · )> ,<'" : "'000 : .., .., "'0 . == 0) ~ : ~ ::J n'\ · ~o..~ : ... 0): ::J : 0..: . . . . - . ~O)(""):::O ~::JOCD ... o..::J I\J enen o () -. Q. OOg-s. ~ C .., -. ::JO)O ("") ~::J ==0"'0 0) ::J .., """'0) CD .., ::J en CD~CD CO ~::J C "'0 ,...... -0) CD ~enc.. en~ 3 0) .., CD CO CD CD ,...... -.0- <5'< )>s: "'00) ..,,< ==0 .., ~ ~ QO ~ ~ C/) ~ ~ ~. ~ CLM ([) ~ t) P. ~ o ([) ~ C/) V> ~ CL " . . . . . . :t>:t>;o ~.,-o 0) . ----JCD- 0 . en en CD . - en Q) . ;0;0 en I\JQ. :J c.. . . enenQ. en Q) . oc . CD'< . - c o~ . ~ 0 .-+ ----JO :J :J ~ ~ o 0- :J :J '-+0 0 o ::J .-+ .-+ g Q) -0 o -- · D 0 ., (') Q) -CD : ~. 0-3 :J en 0.-+ :~ CD CD c.. en S:O · C/:J ~~ CD .~ ~ O':J Q) : 0..: rl c..:t>(O ., .-+ -0 :('t) CD en-o o-:t>., :~ e :t>o~ '<-03 -- · (-t ~ -0 0- Q) 02::J . ~. ., .-+ o ~ Q) :0 ('t) -- CD -- :~ C/:J - I\J 0 C .-+ ., :J :J _00 CD .C/:J ~ . OCD . en (') ., . - (') -- I\J CD . I\JCDCD - .-+ . 0- o -- . o <- :J o 0 ., . . OCD'-+ :J ----J CD . . ----Jc..o :t> -. 3 . . - -0 --h CD 0- . ., :J . '< . -- .-+ . ~ - . . . . . - . . a~-t ::T 1""+'" ::::renCO COQ)C) :::h::1.0 ~ 0.. C 0) 0) ::J - 1""+ Q. ,<CO- CD ~ 3 0) .., 0) .., ";1\: ,-:fco c co en - '<"'0'" ~..,co - 0 8 f'V CQ 3 0003 ~3CD · I ::J en 0.. 1""+0) 0) ~ ::1.0 ::J 3)>)> co (f)-C co ;o~ ~ (f) o. ::J (Q OJ ~ o -. 0) 0 .., ::J o..::::r o 0) -hen gg .., co ~ :J 1""+0) Q"'O en-c ~a . < :fco co CT )>'< ~:f ==co . . . . . . . . . . . . . . : ~ : ~ ~~g . en ~ ~ :o.:~ : (b M : ~ U : o. f4 : 0 (b : ~ en ~ (J) r~ : CL . . . . . . . . . . . ~ . . . . - . . g. ~ CD ~. ~ r-+ -- 0 :T CD CDeno --o3:T-i 03CDO o CD CD ~ m 5. 3 ::. en CD -0 ~- - r-+ ~ a. 0 05- -- en '< r-+ =r-+CDCD c-Q) CD en CD~enr-+ oa.r-+:T OQ)OCD r-+OCD 3 CD 0 :::s -0 -t,:r...... mooQ.. m35:3 a.()CDCD c-o~:::s '<c;:::+:r-+ CD :::s :T-o -h 0 ...... -+i __ :T 0 CD ;- CD 0 o CD ~ en < en CD o:TIS: enCDCQ) r-+ -0 3 :::s Q)......Q)Q) ~0:::s(Q I (Q CD ......;0......... S:Q) CD en Q)3enO '<oo~ n'\ C __ ~W.I......o ... 3 0 CD ~ -0 rn <:: o Q) < o - - Q) ;:::+: ~ (Q :::s :T - :::s a. r-+ Q)r-+:T :::s :T CD a.CDQ) Q) -u en ~ - en 5 0 00- o -- or 5 ~-:::s ~o OQ)CD CD m 0 3en-t, CD :::s r-+ . . . . . . . . . . . . . . ~ . : ] ~9o : H ~ : ~ ~ :o.:g · (1) ~ ~ tj : o. ~ : 0 (1) : ~ en · en . . . . . . . . . . . . . . . . . . . . - """ ~ 0... ~ MARANA RESOLUTION NO. 2007-57 RELATING TO EMPLOYMENT; AUTHORIZING THE EXECUTION OF A SUPPLEMENTAL RETIREMENT PLAN WITH THE ARIZONA STATE RETIREMENT SYSTEM; AND DECLARING AN EMERGENCY WHEREAS the Town of Marana, through its governing body, desires to establish a retirement plan for all of its eligible officers and employees to be administered by the Arizona State Retirement System ("ASRS") under Article 2, Chapter 5, Title 38, of the Arizona Revised Statutes. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Town of Marana (the "Town") hereby adopts a Supplemental Retirement Plan pursuant to A.R.S. ~ 38-729, for the officers and employees of the Town who are included within the Plan for the Town providing for the extension of Federal Old Age and Survivors' insurance benefits to the officers and employees of the Town. SECTION 2. The Supplemental Retirement Plan adopted by the Town shall provide the same retirement benefits and require the same obligations for entitlements as are provided for all other members of the retirement plan established in Article 2, Chapter 5, Title 38, Arizona Revised Statutes. SECTION 3. The Town agrees that it will pay contributions toward the ASRS retirement plan and the long term disability plan which are determined by the ASRS Board to be required to fund the benefits available to the participating members. SECTION 4. The Town hereby approves an Agreement, in the form of the agreement attached hereto as Exhibit A, providing that the ASRS shall administer the Supplemental Retirement Plan of the Town pursuant to Article 2, Chapter 5, Title 38, Arizona Revised Statutes. SECTION 5. The Human Resources Director is designated as the Authorized Agent of the Town and is authorized and directed to execute the Agreement, as submitted, on behalf of the Town. SECTION 6. The Human Resources Director is further authorized and directed as the representative of the Town to conduct all negotiations, conclude all arrangements and sign all agreements and modifications of agreements which may be necessary to carry out the intent of the Agreement in conformity with all applicable Federal and State laws, rules and regulations. SECTION 7. Since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this resolution become immediately effective, an emergency is hereby {00004500.DOC I} FJClcds 4/1 I/O 7 -""'.-'--_..~-~.....~..,,~->-, declared to exist, and this resolution shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 17th day of April, 2007. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney {00004500.DOC I} FJClcds 4/11107 - 2 - !Arizona State Retirement System Membershipl STATE OF ARIZONA ARIZONA STATE RETIRMENT SYSTEM POLITICAL SUBDIVISION SUPPLEMENTAL RETIREMENT PLAN The Town of Marana , a Political Subdivision of (Name of Political Subdivision) the State of Arizona, hereinafter designated the Political Subdivision, in accordance with the duly adopted Resolution of its governing body on 200_, a certified copy of which is attached hereto and incorporated by reference herein, adopting a Supplemental Retirement Plan pursuant to Section S 38-729, Arizona Revised Statutes, hereby enters into this Agreement with the ARIZONA STATE RETIREMENT SYSTEM BOARD, hereinafter designated the ASRS, to administer said Supplemental Retirement Plan. In order to carry into effect the common governmental duties provided in Article 2, Chapter 5, Title 38, Arizona Revised Statutes, the Political Subdivision agrees to be bound by the following terms and conditions in consideration of the administration of such Supplemental Retirement Plan by the ASRS and in consideration of the payment of employer and employee contributions and pro rata share of operating and administrative costs, in the event of assessment of such costs, to the ASRS, and the ASRS agrees to take the necessary actions to administer the Supplemental Retirement Plan for officers and employees of the Political Subdivision in conjunction with the operation and administration ofthe Arizona State Retirement System Plan. 1. MEMBERSHIP - All officers and employees of the Political Subdivision who are now or hereafter in the future may be subject to coverage under the Federal Old Age and Survivors Insurance System established by Title II of the Federal Social Security Act, as amended, and implemented by Article 1, Chapter 5, Title 38, Arizona Revised Statutes, and by agreements and regulations made and issued thereunder, shall be eligible for membership in the Supplemental Retirement Plan adopted by the Political Subdivision. 2. RETIREMENT PROVISIONS - The Supplemental Retirement Plan shall contain the provisions for its officers and employees as are now provided or may hereafter be provided by the Legislature of the State of Arizona for state officers and employees in Article 2, Chapter 5, Title 38, Arizona Revised Statutes. 3. COMPLIANCE WITH STATE LAW - The Political Subdivision agrees to comply promptly and completely throughout the term of this Agreement with the letter and intent of Chapter 5, Title 38, Arizona Revised Statutes, and the Resolution adopted by the governing body of the Political Subdivision establishing a Supplemental Retirement Plan for its officers and employees. The Political Subdivision agrees that no retirement program, exclusive of the Supplemental Retirement Plan and the Federal Social Security System, shall hereafter be established on behalf of its officers and employees included in the Supplemental Retirement Plan, except as authorized in Arizona Statute. 1 !Arizona State Retirement System Membership! 4. PAYMENT OF CONTRIBUTIONS - The Political Subdivision will pay to the ASRS the employer and employee contribution required in Article 2 and 2.1, Chapter 5, Title 38, Arizona Revised Statutes, and the pro rata share of the cost of administering the Supplemental Retirement Plan, as may be required by the ASRS, at such times as shall be determined by law and ASRS regulations. In the event the Political Subdivision does not make, at the time or times due, the payments provided under the Agreement, there shall be added as part of the amounts due interest in accordance with Article 2, Chapter 5, Title 38, Arizona Revised Statutes. 5. PAYMENT OF AMOUNT DUE FOR SERVICE BEFORE EFFECTIVE DATE - The Political Subdivision agrees to pay the amounts, as determined by the ASRS, required to fund the additional costs of any benefits attributed to service before the effective date of the Supplemental Retirement Plan, pursuant to the Political Subdivision's election of the following, as indicated by the "_X_" in the space provided. (Mark one of the following): o The Political Subdivision waives benefits attributable to service for the Political Subdivision before the effective date of the Supplemental Retirement Plan and authorizes benefits under the Supplemental Retirement Plan only for service with the Political Subdivision from and after the effective date ofthe Supplemental Retirement Plan. o The amounts required to fund the additional cost of benefits for all eligible employees on the effective date of the agreement attributable to all service with the Political Subdivision before the effective date of the Supplemental Retirement Plan before the effective date of the Supplemental Retirement Plan. o The amounts required to fund the additional costs of benefits for all eligible employees on the effective date of the agreement attributable to not more than _ years or _ percentage of service with the Political Subdivision before the effective date of the Supplemental Retirement Plan. 6. WAGE REPORTS - The Political Subdivision shall prepare and submit such wage and other reports to the ASRS as may be required from time to time and in the form prescribed by the ASRS. 7. EXECUTION BY THE ASRS - After the execution of this Agreement by the ASRS, it shall constitute a binding and irrevocable agreement between the Political Subdivision and the ASRS with respect to the matters set forth herein. 8. AUTHORIZED AGENT - Position Title designated as the duly authorized agent of the Political Subdivision and is authorized and directed to conduct all negotiations, conclude all arrangements, sign all agreements and modifications of agreements which may be necessary to carry out the intent of the Agreement in conformity with all applicable Federal and State laws, rules and regulations. Human Resources Director is hereby 2 ~-""'-"-".._~.... !Arizona State Retirement System Membership! 9. BEGINNING DATE - The effective date of the Supplemental Retirement Plan for officers and employees shall be the first day of the month following the month the agreement is accepted and approved by the ASRS, or as otherwise indicated in the ASRS approval block below, and all payments in this Agreement shall be computed from said date. 10. NUMBER OF MEMBERS - The Plan is to apply, upon approval, to approximately 340 employees. For Town of Marana Name of Political Subdivision Address: 11555 W. Civic Center Drive Marana, AZ 85653 Signed: Authorized Agent Date Name: Regip.a Fleming Title: Human Resources Director Telephone Number: (520) 382-1920 Approved for coverage to be effective ,200_, by the ARIZONA STATE RETIREMENT SYSTEM at a regular/special meeting of the ASRS Board on the day of ,200_. Paul Matson, Director Date ASRS Membership revised 8/6/04 S:IEODIEMPLOYERIPACKETSIASRS SUPPLEMENTAL RETIREMENT. DOC 3 TOWN COUNCIL MEETING INFORMATION TOWN OF MARAN A MEETING DATE: April!7,2007 AGENDA ITEM: J.3.b TO: MAYOR AND COUNCIL FROM: Frank Cassidy, Town Attorney SUBJECT: Resolution No. 2007-58: Relating to Employment; authorizing the Human Resources Director as the authorized agent to submit to the Arizona State Retirement System Board for approval and execute a plan to provide for the extension of benefits to employees under Title II of the Federal Social Security Act; and declaring an emergency. DISCUSSION To participate in the Arizona State Retirement System (ASRS), the Town is required to submit and comply with the terms of a Social Security Coverage Plan. The Plan itself is in a format provided by ASRS, and the wording of the resolution approving the Plan is taken directly from a proposed form of resolution provided by ASRS. ATTACHMENTS Proposed Resolution No. 2007-58 "Plan for Political Subdivision Social Security Coverage" RECOMMENDATION Staff recommends adoption of Resolution No. 2007-58. SUGGESTED MOTION I move to adopt Resolution No. 2007-58. {00004502.DOC /} 4/11/20074:52 PM FJC MARANA RESOLUTION NO. 2007-58 RELATING TO EMPLOYMENT; AUTHORIZING THE HUMAN RESOURCES DIRECTOR AS THE AUTHORIZED AGENT TO SUBMIT TO THE ARIZONA STATE RETIREMENT SYSTEM BOARD FOR APPROVAL AND EXECUTE A PLAN TO PROVIDE FOR THE EXTENSION OF BENEFITS TO EMPLOYEES UNDER TITLE II OF THE FEDERAL SOCIAL SECURITY ACT; AND DECLARING AN EMERGENCY. WHEREAS the Town of Marana through its governing body, desires to extend the benefits of Title II of the Federal Social Security Act, as amended, and Title 38, Chapter 5, Article 1, Arizona Revised Statutes, to eligible employees of the Town of Marana; and WHEREAS in order to extend to such eligible employees coverage under the said insurance system, the Town of Marana must submit for approval by the Arizona State Retirement System Board a plan for such coverage. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Town of Marana shall extend to its employees the benefits of Title II of the Federal Social Security Act, as amended, for all services that constitute employment performed in its employ in conformity with the requirements of the Federal Social Security Act and with the agreement dated June 29, 1951, between the State of Arizona and the Secretary of Health and Human Services. SECTION 2. The Town of Marana hereby adopts a Plan, in the form of the plan attached hereto as Exhibit A, providing for the extension of the benefits of Title II of the Federal Social Security Act, as amended, to the employees of the Town of Marana upon the terms and conditions provided in the Plan. SECTION 3. The Human Resources Director hereby is designated as the Authorized Agent of the Town of Marana and hereby is authorized and directed to execute the Plan, in the form submitted, on behalf of the Town of Marana and to forward it to the Arizona State Retirement System for approval and further action. SECTION 4. The Authorized Agent is further authorized and directed as the representative of the Town of Marana to conduct all negotiations, conclude all arrangements and sign all instruments which may be necessary to carry out the letter and intent of the aforesaid Plan in conformity with all applicable Federal and State laws, rules and regulations. SECTION 5. Since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this resolution become immediately effective, an emergency is hereby {00004499.DOC /} F JClcds .. -'-~.__.",.~""-~."",."""""-,,.,."~,, declared to exist, and this resolution shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 1 ih day of April, 2007. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney {00004499.DOC /} - 2 - jSocial Security Coverag~ STATE OF ARIZONA PLAN FOR POLITICAL SUBDIVISION SOCIAL SECURITY COVERAGE The Town of Marana Name of Political Subdivision , a Political Subdivision ofthe The State of Arizona, hereinafter designated Political Subdivision, in accordance with a duly adopted resolution of its governing body on ,200_, a certified copy of which is attached hereto and incorporated by reference herein, hereby submits its Plan to the ARIZONA STATE RETIREMENT SYSTEM BOARD, hereinafter designated State Agency, to include all services performed by each of the eligible employees of Political Subdivision under the Old Age, Survivors, Disability and Health Insurance System established by Title II of the Federal Social Security Act, as amended, in conformity with Section 218 thereof (42 U.S.c.A., 3 418) and implemented by Title 38, Chapter 5, Article 1, Arizona Revised Statutes, and applicable Federal and State regulations thereunder. The Political Subdivision shall be bound by the following terms and conditions in consideration of the agreement dated June 29, 1951, between the Secretary of Health and Human Services and the State of Arizona, for the extension of the Old Age, Survivors, Disability, and Health Insurance System to cover the said employees of the Political Subdivision. 1. All services of each of its eligible employees within the coverage group(s), as defined in Section 218(b) (5) of the said Federal Social Security Act, indicated below by an "X" in the appropriate space, shall be included in the said insurance system coverage. (Mark one of the following): o (A) Employees engaged m performing servIces m connection with governmental functions. o (B) Employees engaged m performing servIces m connection with a proprietary function. 2. Political Subdivision will comply promptly and completely with the letter and intent of Title 38, Chapter 5, Article 1, Arizona Revised Statutes, and Section 218 of the Federal Social Security Act and applicable Federal and State regulations adopted pursuant thereto and the agreement entered into under A.R.S. S 38-702. 1 ISocial Security Coverag~ 3. This Plan includes all services performed by each of the eligible employees of the Political Subdivision, except the following statutory exclusions: . Any services performed by an employee in a position, which on the effective date of this agreement, is covered by a retirement system, . Services performed by an employee who is employed to relieve him from unemployment, . Services performed in a home, hospital or other institution by a patient or an inmate thereof, . Covered transportation services (as defined in Section 210 (a) of the Social Security Act, as amended), . Services (other than agriculture labor or service performed by a student) which are excluded from employment by any provision of Section 210 (a) of the Social Security Act, as amended, other than paragraph 8 of such section, . Services of an emergency nature performed on and after January 1, 1968, The following services are excluded from all agreements by statewide modification of agreement dated June 29, 1951, between the Secretary ofthe Health and Human Services and the State of Arizona. . Services performed by a student if the work would be excluded if the work was done for a private employer. . Services performed in positions of election official or election worker in each calendar year in which the remuneration paid for such service is less than $1,100.00, as adjusted for each calendar year after 2000 to reflect changes in wages in the economy in accordance with Section 218 (C)(8) of the act. In addition to the above statutory exclusions and exclusions by statewide modification, Political Subdivision elects to exclude the following, as indicated by an "X" in the appropriate space, from services to be included in the Plan: D (A) All service in any class or classes of elective positions, D (B) All service in any class or classes of part-time positions, as defined in Arizona Administrative Code R2-8-1 04(E), D (C) All service in any class or classes of positions the compensation for which is on a fee basis, D (D) Agricultural labor if the work would be excluded if done for a private employer, D (E) No exceptions. 2 ISocial Security Coverag~ 4. The Political Subdivision shall withhold and remit the employee and employer contributions at the rates required by the Federal Social Security Administration and the U. S. Internal Revenue Service. 5. The Political Subdivision shall prepare and submit such wage and other reports as may be required from time to time by the Federal Social Security Administration and the U. S. Internal Revenue Service, and comply with provisions the Commissioner of the Social Security Administration find necessary to assure the correctness and verification of the reports. 6. The coverage as herein provided for all services of each of the eligible employees of the Political Subdivision shall be effective as of Date 7. After approval of the Plan by the State Agency, the Plan shall constitute a binding and irrevocable agreement between the Political Subdivision and the Arizona State Retirement System with respect to the matters herein set forth. 8. That for the purpose of this Plan, the Human ReRollrrps Dirp('tor Position Title IS hereby designated as the duly authorized agent of the Political Subdivision, and is authorized and directed to conduct all negotiations, conclude all arrangements, sign all Plan amendments, agreements and instructions which may be necessary to carry out the letter and intent of the Plan in conformity with all applicable Federal and State laws, rules and regulations. 9. This Plan is to apply, upon approval, to approximately 340 employees. For Town of Marana Name of Political Subdivision Federal Employer Identification Number (Tax I.D.): ~ ~ - ~ ~ 2 ~ -2 .2 2. Signed: Authorized Agent Date Name: ReginA Flpming Title: Human Resources Director Approved by the ARIZONA STATE RETIREMENT SYSTEM at a regular/special meeting of the ASRS Board on the day of , 200_ Michele Briggs State Social Security Program Administrator Date Submit this document in duplicate. Both copies of this Plan must be signed as originals by the Authorized Agent designated in the Resolution. S:IEODIEMPLOYERIPACKETSISOC SEe SUPPLEMENTAL RETIREMENT. DOC 3 TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: April 17, 2007 AGENDA ITEM: L.1 TO: MAYOR AND COUNCIL FROM: Michael A. Reuwsaat, Town Manager SUBJECT: State Le2:islative Issues: Discussion/Direction/Action regarding all pending bills before the Legislature DISCUSSION This item is scheduled for each regular council Meeting in order to provide an opportunity to discuss any legislative item that might arise during the current session of the State Legislature. Periodically, an oral report may be given to supplement the Legislative Bulletins. ATTACHMENTS Legislative Bulletin, Issue 14. RECOMMENDATION Upon the request of Council, staff will be pleased to provide recommendations on specific legislative issues. SUGGESTED MOTION Mayor and Council's pleasure. JCB/04/11/2007/4:50 PM -~".~.~._'...;.,--~;"'"",~,-,""."."'~;.~-,.,.""""........."'",,..~...'......,,"",~ League of Arizona Cities AND Towns IN THIS ISSUE Action Alert - Signage Bill ...... I Revenue Sharing Attack Thwarted...Again ..................... 1 Defensive Driving School Bill Continues to Move ............ 2 Sex Offender Residency Restrictions .............................. 2 Protected Development Fees Bill Dead .......................... 2 Liquor Bill Debate Goes On ..... 2 Title 34 Compromise Passes The Senate And Is On The Governor's Desk ...................... 3 Wildfire Season ........................ 3 The Weekly Spotlight: Rep. John Kavanagh ................ 3 Legislative Bulletin is published by the League of Arirona Cities and Towns. Forward your comments or suggestions to: League of Arizona Cities & Towns 1820 West Washington Street Phoenix. Arizona 85007 Phone: 602-258-5786 Fax: 602-253-3874 Email: league@azleague.org Internet: www.azleague.org Issue 14, April 6, 2007 *** ACTION ALERT*** SIGNAGE BILL House Bill 2369, the temporary signage bill, passed the Senate on Third Read 17 -12-1. It will soon go back to the House of Representatives for its Final Read before heading to the Governor's desk. This bill voids all local ordinances related to temporary sign-walkers, and mandates everv city and town to enact an ordinance with limits on the fees and their uses. In fact, it even tells municipalities what kinds of flora it can plant with the money it collects. An outrageous affront to local control, this bill has no compelling state interest and subverts the will of our residents. When we decide to live in a municipality, we elect local officials to maintain our communities as desirable places to live. This bill overrides this community concept. Additionally, this bill will likely create public safety problems, as sign-walkers could converge on a busy street and obscure drivers' vision. Sign-walkers' sole purpose is to distract drivers to notice the messaging on their signs. They could also be near schools and advertise products or services inappropriate for children. Call the Governor and tell her that you want to maintain the ability to look after your own community and its people, and that this form of blight has no place in our beautiful state. Please call the Governor and ask her to veto House Bill 2369 if it reaches her desk. The local number is (602) 542-433 I or dial toll free at 1-(800) 253-0883. REVENUE SHARING ATTACK THWARTED... AGAIN The strike-everything amendment that was offered on House Bill 2516 in the Senate Appropriations committee this past week to raid the urban revenue sharing fund failed on a 5-5 vote with one member absent (a measure must have a majority to win passage; a tie is not good enough). The absent member was Senator Amanda Aguirre who voted against this measure last time. Thank you to everyone who talked to the members this week. Your calls, e-mails and letters made the difference. Please take a moment and contact the Senate Appropriations committee "No" votes and thank them for their courageous support of cities' state shared revenues. Very special thanks are owed to Senator Carolyn Allen and Senator Jake Flake for breaking (again) with their chairman on this issue. .."~_...~""",-"'._-""-"".........^,....,"'''''''.".~'''.,',..~_.,' Revenue Sharing Attack Thwarted...Again (cont'd.) April3rd Committee "No" Votes Member Paula Aboud Carolyn S. Allen Jake Flake Jorge Luis Garcia Albert Hale 602-926- 5262 4480 5219 4171 4323 E-Mail paboudCgiazleg.gov callen (i;! azleg. gOY Wake@azleg..goy i garcia @azleg.gov ahale@azleg.gov DEFENSIVE DRIVING SCHOOL BILL CONTINUES TO MOVE House Bill 2001, which was amended with language that allows a driver to attend any of the 15 state certified driving schools rather than the schools a court contracts with, is ready to be heard on the Senate floor next week. Several cities and the League met with representatives from municipal courts and the Administrative Offices of the Courts to discuss this bill and possible solutions. At this time, our amendments have not been well received by the proponents of the bill, Williams and Associates. While we will keep trying to create amendments to minimize the impacts this will have on your local courts, there is very little time to amend this bill. Please contact your Senators and ask them to OPPOSE this last-minute effort around the legislative process because of its negative impact on city courts. SEX OFFENDER RESIDENCY RESTRICTIONS Senate Bill 1555 - residency restriction - sponsored by Senator Jay Tibshraeny, passed the House on its Third Read 55-0 (with five not voting) this week. This League resolution is designed to protect children from sexual predators. It requires those convicted of a dangerous crime against children who must also register as a level 3 sex offender from living within 700 feet of a private or public K-12 school or a child care facility. The bill further classifies the offense as a Class 1 misdemeanor, punishable by up to six months in jail, plus fines and surcharges. The 700-foot distance was a House amendment, as the Senate version had the distance at 1500 feet. Another amendment in the House precludes local governments from adopting ordinances that provide for distance restrictions greater than those in the bill. Weare still debating whether we should oppose this provision. Sex Offender Residency Restrictions (cont'd.) The bill now goes back to the Senate where the sponsor has to decide whether to concur with or refuse the House changes. If he refuses, the bill will go to a conference committee, made up of members of each house to work on a compromise version. PROTECTED DEVELOPMENT FEES BILL DEAD League staff and representatives from several cities and towns, along with the County Supervisors Association, met with the Southern Arizona Homebuilders Association (SAHBA) to discuss the implications and policy changes included in their Senate Bill 1004. Their intent was to protect developments that submit their final subdivision plats from any new development fees adopted by the jurisdiction for three to five years. In addition to shifting the state's policy away from 'growth paying for growth', the bill also had many unanswered questions relating to property rights and Proposition 207. At the end of the meeting, SAHBA agreed with us that this was too complicated of an issue to rush through this session and to work with us over the interim to find a workable solution to their concerns. LIQUOR BILL DEBATE GOES ON We continue to work out an agreement with the Department of Liquor Licenses and Control (DLLC) and the liquor industry to reach consensus on the liquor omnibus bill, House Bill 2391. Our final sticking point involves the level of scrutiny bars and clubs must use when examining patrons' IDs before admitting them. The DLLC believes those who serve liquor must make a reasonable effort to determine whether a person is of the legal drinking age before admitting them and serving them. If bars fail to exercise reasonable care, they should be cited both for allowing a minor on premises and failing to properly card the minor. We concur with the DLLC because we want to make sure bars are doing all they can to prevent underage drinking; as the Deputy Director of DLLC stated "that's the cost of having a liquor license." 2 April 6, 2007 TITLE 34 COMPROMISE PASSES THE SENA TE AND IS ON THE GOVERNOR'S DESK House Bill 2065, the compromise between the League, the County Supervisors Association and the Associated General Contractors (AGC), passed the Senate with a 25-4 vote and was sent to the Governor on Thursday for her action. She has five days to act on the bill, which had no opposition as it moved through the process. Once this becomes law, the penalty for violating the construction procurement procedures outlined in Title 34 will increase from $5000 to a tiered system of $10,000, $25,000 and $75,000 for each successive violation over the next two years. In addition, AGC selected 15 cities and towns to participate in a study to look at how construction and maintenance contracts are bid out. Matt Lore from the League office has contacted your municipality if you were selected and will be in touch over the interim with more information. WILDFIRE SEASON On April 5th the Governor held her annual wildfire briefing, which the League was invited to attend. This event brings together state and local officials in the areas of emergency management, fire prevention and fire- fighting. According to the Governor and state officials, this wildfire season has the potential to be dire. Early snowmelt and a warm and dry spring have set conditions for a precarious wildfire season. The unpredictability of the monsoon season adds to this dilemma. On the plus side, fire management personnel have stepped up prevention and education efforts and inter-agency communication abilities are the best they've ever been. Agencies have trained more volunteers and the Department of Corrections has over 300 inmates also available to fight fires. The public can avail themselves of two online resources to help us all have a safer summer. The Arizona State Land Department has www.azsf.az.gov. which provides up to date information on fire prevention, communities at risk and forest health. Arizona State Government has www.az21I.gov. which includes State and local emergency bulletins and alerts that are vital in times of disaster or emergency. Work with your local emergency management agencies and use these websites to ensure your community's health this wildfire season. The Weekly Spotlight- Representative John Kavanagh Representative Kavanagh is a twelve-year resident of District 8, which covers most of Scottsdale, Fountain Hills, Tonto Verde and Rio Verde. He is a professor of criminal justice at Scottsdale Community College and director of the college's Administration of Justice Studies and Forensic Science Program. Prior to teaching at Scottsdale Community College, he taught at Arizona State University and served 20 years as a police officer with the Port Authority of New York and New Jersey Police Department, retiring as a detective sergeant. Representative Kavanagh served six years as a town councilman in Fountain Hills and also served three years on the Lafayette, New Jersey Town Council. He is also a Republican State Committeeman, Precinct Captain and member of the Fountain Hills Republican Club. He has a B.A. in Liberal Arts from NYU, a Masters Degree in Government from St. John's University (Queens, NY), and a Ph.D. in Criminal Justice from Rutgers. He is also a military veteran. He has served on or belonged to many other government boards and community service organizations, including a Parks and Recreation Commission, Board of Health, School District Advisory Panel, Planning Advisory Group, Community Center Volunteers, Senior Services Board of Directors, the American Legion, the Civic Association, Historical Society, Friends of the Chamber of Commerce and Scottsdale Republican Forum. He and his wife, Linda, have been married for 32 years and have two sons, Jonathan and Nicholas. How do you see local government impacting people's lives? Local government impacts peoples' lives in a more fundamental and personal way than state government does. Having served for nine years as a councilman at the town level, I understand how the actions of local governments directly impact people's everyday lives, especially in the areas of zoning and law enforcement. 3 April 6, 2007 What is one issue you see as particularly important to local government this session? At the state level, I believe dealing with the looming transportation problem is especially important. Growing traffic congestion threatens our health because it contributes to air pollution. Traffic congestion also harms economic growth by making businesses less productive and towns and cities less attractive to new businesses. Finally, traffic congestion degrades the quality of life of all residents. Tell us something about your family and friends (favorite things to do with children,friends, etc.) I have been married to my wife, Linda, for 32 years and have two sons, Jonathan and Nicholas. Linda is active in the community and holds leadership positions in many groups, including the Chamber of Commerce and Arts Council. My older son, Jonathan, is a successful realtor and my younger son, Nicholas, is about to graduate from Cornell University. We all enjoy travel and getting together with friends for dining and attending local events. Favorite vacation spot? New Orleans (pre-Katrina) and Mexico City (pre-1985 earthquake). Maybe tourist cities will pay me not to make them my favorite vacation spot. A favorite hobby? Day trips to local attractions and events. Thank you for your time. Thank you for the opportunity. 4 April 6, 2007