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HomeMy WebLinkAbout10/16/2007 AMENDED Council Agenda PacketAMENDED REGULAR COUNCIL MEETING NOTICE AND AGENDA MARANA, 7 Council Chambers 1115555 W. Civic Center Drive, Marana, Arizona 85653 RIZU IF 1 October 16, 2007, at or after 7:00 p.m. Ed Honea, Mayor Herb Kai, Vice Mayor Council Members Russell Clanagan Patti Comerford Tim Escobedo Carol McGorray Roxanne Ziegler 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 Q01 IR-TESY TO OTHER-S. PLEASE TURN OFF OR PUT IN SLENT MODE ALL PAGERS AND L 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 of the meeting. All persons attending the Council meeting, whether speaking to the Council or not, are expected to observe the Council Rules, as well as the rules of politeness, propriety, decorum and good conduct. Any person interfering with the meeting in any way, or acting rudely or loudly will be removed from the meeting and will not be allowed to return. 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 October 15, 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. ,C,WN I q NiARANA 7 AMENDED REGULAR COUNCIL MEETING NOTICE AND AGENDA 1115 Council Chambers 1555 W. Civic Center Drive, Marana, Arizona 85653 October 16, 2007, at or after 7:00 p.m. REGULAR MEETING A. CALL TO ORDER AND ROLL CALL B. PLEDGE OF ALLEGIANCE AND INVOCATIONIMOMENT OF SILENCE (The National Anthem will be performed by the Marana High School Choir) C. APPROVAL OF AGENDA D. CALL TO THE PUBLIC At this time any member of the public is allowed to address the Town Council on any issue not already on tonight's agenda. The speaker may have up to three minutes to speak. Any persons wishing to address the Council must complete a speaker card located outside the Council Chambers and deliver it to the Town Clerk prior to the commencement of the meeting. 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 - Presentation: Status of the Capital Improvement Projects Under Construction (Barbara Johnson) ANNOUNCEMENTS[UPDATES - PROCLAMATIONS - Interfaith Community Services (Jocelyn Bronson) F. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS G. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS H. STAFF REPORTS GENERAL ORDER OF BUSINESS 1. 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 NOWN 0, qkMARANA)7 AMENDED REGULAR COUNCIL MEETING NOTICE AND AGENDA Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 October 16, 2007, at or after 7:00 p.m. the Consent agenda, and that issue will be discussed and voted upon separately, immediately following the Consent agenda. 1. Resolution No. 2007-173: Relating to Development; approving a release of assurances for Oasis Hills and acceptance of public improvements for maintenance (Keith Brann) 2. Resolution No. 2007-174: Relating to Real Estate; approving and authorizing the designation of a 0.720 acre portion of the Marana District Park as Silverbell Road public rights-of-way as needed for the Silverbell Road Sanitary Sewer Interceptor Project No. 1999-050 (Frank Cassidy) 3. Resolution No. 2007-175: Relating to Public Works; approving and authorizing the intergovernmental agreement between Pima County Regional Flood Control District and the Town of Marana for the design and construction of the Barnett Linear Channel Improvement Project (Barbara Johnson) 4. Resolution No. 2007-176: Relating to Utilities; approving and authorizing the Mayor to execute a Common Interest in Anticipation of Litigation Joint Participation Agreement relating to the Western Area Power Administration 2017 Hoover Dam Power Contracts; and declaring an emergency (Frank Cassidy) 5. Resolution No. 2007-177: Relating to Utilities; adopting the Revised Town of Marana Drought Preparedness Plan (Brad DeSpain) 6. Resolution No. 2007-178: Relating to the Police Department; approving and authorizing the Marana Police Department to execute a Wide Area Network and Law Enforcement Software User Agreement with the Pima County Sheriff's Department (Richard Viduarri) 7. Resolution No. 2007-164: Relating to Public Works; approving and authorizing a proposed alignment for the future Tangerine Road Interchange (scrivener's error from September 18, 2007 meeting) (Gilbert Davidson) 8. Minutes of the September 18, 2007 regular meeting and the October 2, 2007 regular meeting. J. COUNCIL ACTION 1. Resolution No. 2007-179: Relating to Parks and Recreation; approving and authorizing the Mayor to execute a memorandum of understanding with the Western Heritage Committee relating to the use and maintenance of the ?O*N 0., I 9WARANA0 AMENDED REGULAR COUNCIL MEETING NOTICE AND AGENDA Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 October 16, 2007., at or after 7:00 p.m. Western Heritage Arena and adjacent property; and declaring an emergency (Jane Fairall) 2. Resolution No. 2007-180: Relating to Community Development; endorsing the Marana Combined Appeal Program as the beneficiary charity of proceeds from the "Spirit of Marana" day during the 2008 Southern Arizona Home Builders Association Parade of Homes (Josh Wright) 3. PUBLIC HEARING. Ordinance No. 2007.25: Relating to Development; approving and authorizing a rezoning for the Uptown at Marana Specific Plan. (This item was noticed and held on October 2, 2007, and was continued to October 16, 2007.) (Kevin Kish) K. BOARDS, COMMISSIONS AND COMMITTEES Resolution No. 2007-181: Relating to Boards, Commissions and Committees; approving and authorizing the reappointment of Ed McCauley and the appointment of Terry Tometich as citizen members of the Personnel Action Review Board (Jocelyn Bronson) L. ITEMS FOR DISCUSSION/POSSIBLE ACTION 1. Presentation: Preliminary FindingsJor the Wastewater Service Rate Case Study (Barbara Johnson) M. EXECUTIVE SESSIONS 1. Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. 2. Executive Session pursuant to A.R.S. §38-431.03(A)(3),(4),(6) and (7) for legal advice with the Town Attorney concerning water rights and water service issues and to consult with and instruct the Town Attorney and the Town Manager concerning the 1979 intergovernmental agreement between the Town of Marana and Pima County relating to sewer service within the Marana town limits and to direct the Town Manager and Town Attorney with respect to that agreement (Frank Cassidy) 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) NOWN 0, AMENDED REGULAR COUNCIL MEETING NOTICE AND AGENDA Council Chambers ?M A ?RAN A 1 7 11555 W. Civic Center Drive, Marana, Arizona 85653 Rlzot-?- October 16, 2007, at or after 7:00 p.m. 0. ADJOURNMENT TOWN COUNCIL MEETING TOWN OF MARANA INFORMATION I MEETING DATE: October 16, 2007 AGENDA ITEM: E. I TO: MAYOR AND COUNCIL FROM: Barbara F. Johnson, Director of Public Works SUBJECT: Presentation: Status of the Capital Improvement Projects Under Construction. I DISCUSSION Staff will make a brief presentation on the status of the Capital Improvement Projects under construction. RECOMMENDATION Information only. SUGGESTED MOTION None required: information only. 212412004 1:33 PMFJC PR-OCLAMATION INTER-FAITH COMMUNITY SER-VICES W11EREAS, Interfaith Community Services (ICS) has served the elderly, the disabled and the disadvantaged of Marana and the Tucson area since 1985; and WHEREAS, ICS is a volunteer-based nonprofit organization which partners with more than 40 diverse faith communities within the Tucson area; and WHEREAS, ICS provides services to all regardless of beliefs; last year assisting more than 38,000 individuals through the dedication of over 600 volunteers; and W11EREAS, during the month of November, ICS will be breaking ground for its new Caregiving Services Wing which will allow it to greatly expand services to the community; and will host its two major fundraisers - the Music for the Soul Concert on November 8 at the Fox Tucson Theatre and the "We Care" Golf Classic on November 12 at the Oro Valley Country Club; and W11EREAS, November is the beginning of the holiday season, and the kick off to ICS's Holiday Food Package and Gifts of Love programs, which help brighten this time of year for hundreds of low-income families; NOW, TEIEREFORE, 1, Ed Honea, Mayor of the Town of Marana, Arizona, do hereby proclaim the month of November 2007 to be ICS MONTH in this community, and encourage. all our citizens, businesses and organizations to support Interfaith Community Services in its essential mission. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the Town of Marana to be affixed this 16' day of October, 2007. Ed Honea, Mayor ATTEST: Jocelyn C. Bronson, Town Clerk N TOWN COUNCIL MEETING TOWN OF MARANA 9 ANA 7 INFORMATION Rau MEETING DATE: October 16, 2007 AGENDAITEM: 1.1 TO: MAYOR AND COUNCIL FROM: Keith Brann, P.E., Town Engineer SUBJECT: Resolution No. 2007-173: Relating to Development; approving a release of assurance for Oasis Hills and acceptance of public improvements for maintenance. DISCUSSION This resolution will release the assurance between Pacific International Properties LLP, Fidelity National Title and the Town of Marana, regarding Oasis Hills as depicted on Exhibit A. The Oasis Hills subdivision is comprised of lots I through 90 and Common Area 'A'. The subdivision has been recorded in the Pima County Recorder's Office. In releasing said assurance, the Town of Marana will accept for maintenance, including regulatory traffic control signs and street signs, approximately 0.66 miles of the following paved streets: • Crook Lane • Niobrara Lane • Sublette Street ATTACHMENTS • Exhibit A - Map of streets to be accepted RECOMMENDATION Staff recommends release the assurance for Oasis Hills and acceptance of the public improvements for maintenance. SUGGESTED MOTION I move to approve Resolution No. 2007-173. Oasis Hills Lots 1-90 Full Release MARANA RESOLUTION NO. 2007-173 RELATING TO DEVELOPMENT; APPROVING A RELEASE OF ASSURANCE FOR OASIS HILLS AND ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR MAINTENANCE. WHEREAS, Oasis Hills is a 59.46 acre subdivision located south of Oasis Road, containing lots 1-90, and Common Area 'A', and is recorded at the Pima County Recorder's Office in Book 60 of Maps and Plats, Page 38; and WHEREAS, the Town has an Assurance for the completion of public improvements; and WHEREAS, Pacific International Properties, LLP, has completed the public improvements acceptable to Town standards in accordance with the Assurance Agreement for Oasis Hills. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana as follows: Section 1. Oasis Hills is hereby released from the Assurance Agreement with Pacific International Properties, LLP under Trust 60,182. Section 2. The Town accepts for maintenance, including maintenance of regulatory traffic control and street signs, approximately 0.66 miles of the following paved streets as shown on Exhibit A: Crook Lane • Niobrara Lane • Sublette Street Section 3. The Town accepts for maintenance a potable water system including appurtenances, valves, water meters and fire hydrants for the above referenced project. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 16t" day of October, 2007. Mayor Ed Honea. ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Resolution No. 2007-173 Page I of I 19 -s-I wr ggn WNE Ogg x1va sup HIE ARE :11 1 Al " 5" qEy jyj W. 8 ZM WHIN ly"I 1HI Silas All RAN PH P W W. hQ1 ON Uzi All a Ila a iq ?w- 60100 Is all, 9hu P W-8 1 q IVA. q P Ing gas V spy- N51 :1 0; 'G1 I Nq i > 110 V aw 140. 16 g 8 1 Qj gig off UPS so M jq all is Of amos NO ji 49a 1"M H hj oil Nu fill I "so 02060 gm 5 1 DT T Ina a PI. §0151 Vim" SFT A Q is; R P T Zo 41 sap! Q wi gig ig W.'" "IT 15 3 if NO 000 ONO AM - - a ai , i In U1 -ESR5 - I . 031- 8014 -.3 On 2,50 '0?1 50 PAO 22!0? H, z2o; 90 , 2 9' -;.a 1U. gig in ps§? 8A I Q Q -a - jv 18 T An ;S Cox Of FA. M X guy, W c >1 Nvalog > CAI TO Rn son IF I's R. 1r, X 0 > M M 1Z 0 k - M n 0 P9 ZO Al;!_Noi FZ' Rw 0 D M TI M -M 4 Z O SRI 14 BIN NY 1 ? __2 ' 71" 77 Zb G1 20 LA Z ru -1 --------- LLJ M W Pow W Mw ; Yuan, MR q 9 0 qN.- Zu IR 8@0- v M 2 a sit 0 < Z Ln Ln n 0 fl) ;o Ln G) < 0 Z 0 -n 0 > 1 w M Ln 0 0 n) Ln > 0 4 Ln LD P Z co G1 c P ro- n Z Ln A '0 Tf io Z n: -0 N TOWN COUNCIL TOWN OF MARANA M QXU- ;;A MEETING INFORMATION MEETING DATE: October 16, 2007 AGENDAITEM: 1.2 TO: MAYOR AND COUNCIL FROM: Frank Cassidy, Town Attorney SUBJECT: Resolution No. 2007-174: Relating to Real Estate; approving and authorizing the designation of a 0.720 acre portion of the Marana District Park as Silverbell Road public rights-of-way as needed for the Silverbell Road Sanitary Sewer Interceptor Project No. 1999- 050. DISCUSSION The Marana District Park located east of Silverbell Road was transferred to the Town of Marana by Charitable Gift Deed from Ranch Holdings, LLC, recorded with Pima County Recorder's Office on October 25, 2000, in Docket 11411 at Page 1616. A 0.720 acre portion of the Marana District Park is needed for the Silverbell Road Sanitary Sewer Interceptor Project No. 1999-050. ATTACHMENTS Exhibit A - Legal description, Exhibit A- I - location map. RECOMMENDATION Staff recommends approval and adoption of the designating a 0.720 acre portion of the Marana District Park as Silverbell Road rights-of-way. SUGGESTED MOTION I move to adopt Resolution No. 2007-174. Resolution 2007-174 Silverbell Road RW 09128107MF MARANA RESOLUTION NO. 2007-174 RELATING TO REAL ESTATE; APPROVING AND AUTHORIZING THE DESIGNATION OF A 0.720 ACRE PORTION OF THE MARANA DISTRICT PARK AS SILVERBELL ROAD PUBLIC RIGHTS-OF-WAY AS NEEDED FOR THE SILVERBELL ROAD SANITARY SEWER INTERCEPTOR PROJECT NO. 1999-050. WHEREAS, the ownership of a portion of the Marana District Park locat6d east of Silverbell Road was transferred to the Town of Marana by Charitable Gift Deed from Ranch Holdings, LLC, recorded with Pima County Recorder's Office on October 25, 2000, in Docket 11411 at Page 1616; and WHEREAS, a 0.720 acre portion of the Marana District Park is needed as Silverbell Road rights-of-way for the Silverbell Road Sanitary Sewer Interceptor Project No. 1999-050. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the subject 0.720 acre portion of the Marana District Park is designated as public rights-of-way of Silverbell Road as needed for the Silverbell Road Sanitary Sewer Interceptor Project, the area of designation is more specifically described in the attached legal description and location map attached as Exhibit A and A- 1. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 16 1h day of October, 2007. Mayor Ed Honea APPROVED AS TO FORM: Frank Cassidy, Town Attorney ATTEST: Jocelyn C. Bronson, Town Clerk R/W Set Nc(s). 192 December 11, 2002 EXHIBIT A EEC No. 20079 civil engineeting DESCRIPTION OF PARCEL TO BE CONVEYED FROM PARK SITE TO RIGHT-OF-WAY environmental That portion of Section 35, Township 12 South', Range 12 East, Gila and Salt River services Meridian, Pima County, Arizona, described as follows: COMMENCING at the South One-Quarter (S 1/4) comer of said Section 35; flood control and drainage THENCE N 89-52116" E, along the South- Line of the Southeast One-Quarter (SE 1/4) of said Section 35, a distance of 139.99 feet4 land surveying THENCE N 20007'30" W 408.98 feet to a point of curvature of a tangent curve concave to the Southwest; THENCE Northwesterly along the arc of said curve, to the lef? having a landscape radius of 2,150.00 feet, and a central angle of 13'26'35" for an are distance of 504.44 architecture feet to a point of tangency, THENCE N 33'034'05" W 1,271.38 feet; natural resources THENCE N 56025'55" E along a radial Line of the next described curve a distance of 75.00 feet to a point on the arc of a non-tangent curve concave to the transportation Southwest; THENCE Northwesterly along the arc of said curve, to the let having a water and radius of 1,030.00 feet, and a central angle of 29*28'42" for an arc distance of 529?93' wastewater feet to the POINT OF BEGETUNG on the are of a non-tangent curve concave to the South, a radial line of said curve through said point having a bearing of N 23o53'22" E, said point being on the Southwesterly line of the parcel, recorded in Docket 113 98 at Page 13 83, Pfina County Recorder's Office, Pima County, Arizona; THENCE Westerly, along said Southwesterly line, along the arc of said curve, to the left, having a radius of 849.27-feet, and a central angle of 08'03'03" for an arc distance of 119.3 3. feet to a point of tangency; THENCE N 74'09'41" W, along said Southwesterly line, a distance of 232.48 feet to a pqint of curvature of a tangent curve concave to the Northeast; Engineeting and Environmental Consultant4 Inc. 4625 E. Fort Lowe# Road - Tucson, Arizona 85712 Tel.'520-321-4625 - Fax: 520-321-0333 www.eec-info.com December 11, 2002 EEC No. 20079 Park Site to RW Page 2 THENCE Northwesterly, along said Southwesterly line, along the are of said curve, to the right, having a radius of 509.65 feet, and a central angle of 40*4 I'l 8" for an arc distance of 361.93 feet to a point of tangency; THENCE N 33*2823" W, along said Southwesterly line, a distance of 234.28 feet to a point of cusp of a tangent curve concave to the Northeast; THENCE Southeasterly along the arc of said curve, to the lef? having a radius of 880.00 feet, and a central angle of 29'47'10" for an arc distance of 45.7.48 feet to a point of tangency; THENCE S 63015'33" E 458.58 feet to a point of curvature of a tangent curve concave to the Southwest; THENCE Southeasterly along the are of said curve, to the right, having a radius of 1,030.00 feet, and a central angle of 0011.2'46" for an arc distance of 3.82 f?et to the.POINT OF BEGENNING; Containing 0.720 acres, more or less. Prepared by: ENVIRONNMNTAL CONSULTANTS, INC. L. Dean, R.L.S. 14145 'O?? AMES L 0EAN j:\sha-d\jde=\IegaI\20079?wk site to righwf-way line T I"=400 PARK SITE (DKT 11398, PG 1383) LAND TICA 14145 0 JAMES DEAN b I V A PROPOSE? CEN TERLINE SIL VERPELL ROAD HIBIT A?j SKETCH SHOWING PARCEL TO BE CONVEYED FROM T?4F PARkl q/Tg- Tn PUBLIC RIGHT OF WA Y SEC 35, T-12, R-12-E, G & SRM PIMA COUNTY, ARIZONA SILVERBELL ROAD SK J RM, PC 42 8K 25 RM, PC 35 POB MQ A BK 42 J?QA A4 DKT 761Z G i?54 RRIDLE 0 1) vF-S'r --J-J? U'A" U`BDT1v7DE-'D ;. jmi'? I , - --. (LO T \1 J SOU TH 114 COR 9K 20 M&A- SEC 35-12-12 Engineering and Environmental Consultants, Inc. 4625 E. FT. LOWELL RD. TUCSON, ARIZONA 85712 520-321-4625 SHEET 1 OF 2 EEC A20079 - ----------- SKETCH SHOWING P PARCEL TO BE CONVEYED FROM THE PARK SITE TO 1 120' PUBLIC RIGHT OF WAY. SEC J5, T- 12, R- 12-E, G & SRM D PIMA COUNTY, ARIZONA IMA 14145 JAMES L. DEAN QV X PROPOSED CENTERLINE OF SILVERBELL ROAD DKT 11398, PG 1383 TO L AREA 0. 72 0± ACRES 248, =3.82 lx? CENTERLINE OF SILVERB ROAD (13K 3 RS, PG 42) Engineering and Environmental Consultants, Inc. 4625 E. FT. LOWELL RD. TUCSON, ARIZONA 85712 520-321-4625 SHEET 2 OF 2 SET 192 EEC A20079?1 N TOWN COUNCIL 7 MEETING TOWN OF MARANA 11 MARAN 7 INFORMATION 1Z MEETING DATE: October 16, 2007 AGENDAITEM: 1.3 TO: MAYOR AND COUNCIL FROM: Barbara Johnson, Director of Public Works SUBJECT: Resolution No. 2007-175: Relating to Public Works; approving and authorizing the intergovernmental agreement between Pima County Regional Flood Control District and the Town of Marana for the design and construction of the Barnett Linear Channel Improvement Project. DISCUSSION The Town of Marana and the Pima County Regional Flood Control District (District) are authorized by state statute to work together on flood control projects. The Town is committed to the design, construction and maintenance of the Barnett Linear Channel Improvement Project (the Project) and the District has expressed its desire to cooperate in the project as well. The Project consists of the design and construction of a two hundred foot wide drainage channel beginning at Interstate 10 and generally following the existing alignment of Barnett Road west ending at the confluence of the Santa Cruz River. The attached intergovernmental agreement establishes the District's commitment to a financial contribution in the amount of $600,000 to be used towards the cost of the Project. Upon its completion, title to the Project improvements constructed as a result of the agreement shall vest in the Town and the Town shall be responsible for the continued operation and maintenance of the improvements. RECOMMENDATION Staff recommends adoption of Resolution No. 2007-175, approving and authorizing the execution of the intergovernmental agreement with Pima County Regional Flood Control District to provide for partial funding of the Barnett Linear Channel Improvement Project. ATTACHMENT(S) Intergovernmental agreement with the Pima County Regional Flood Control District. SUGGESTED MOTION I move to adopt Resolution 2007-175. fOO006479.DOCI) CIH 1010510 7 Page I of I MARANA RESOLUTION NO. 2007-175 RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE INTERGOVERN- MENTAL AGREEMENT BETWEEN PIMA COUNTY REGIONAL FLOOD CONTROL DIS- TRICT AND THE TOWN OF MARANA FOR THE DESIGN AND CONSTRUCTION OF THE BARNETT LINEAR CHANNEL IMPROVEMENT PROJECT. WHEREAS the Town of Marana is authorized by A.R.S. §9-240 to construct and keep in re- pair such bridges, viaducts, tunnels, culverts, drains, sewers and cesspools, and regulate their use; and WHEREAS the Pima County Regional Flood Control District is authorized by A.R.S. § 48-3603 to contract and join with any other flood control district, municipality, political subdivision or governmental agency in acquiring, constructing, maintaining and operating flood con- trol works; and WHEREAS the District and Town wish to cooperate in the design and construction of the Barnett Linear Channel Improvements, consisting of flood control improvements beginning at Inter- state 10 on the east, generally following the existing alignment of Barnett Road west until ending at the confluence of the Santa Cruz River; and WHEREAS the District has indicated their intent to provide funding in the amount of $600,000 to the Town to be applied towards the costs of design and construction of the Project; and WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests of both Pima County and the Town of Marana to enter into this intergovernmental agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the intergovernmental agreement between the Town of Marana and Pima County Regional Flood Control District attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved, and the Mayor is hereby authorized to execute it for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that the Town's Manager and staff are hereby directed and au- thorized to undertake all other and further tasks required or beneficial to carry out the terms, obliga- tions, and objectives of the intergovernmental agreement. (00006480.DOC /) CIH 513010 7 PASSED and ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 16th day of October, 2007. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Cedric Hay, Senior Assistant Town Attorney (00006480.DOCI) CIH 5130107 INTERGOVERNMENTAL AGREEMENT BETWEEN THE PIMA COUNTY REGIONAL FLOOD CONTROL DISTRICT AND THE TOWN OF MARANA FOR THE DESIGN AND CONSTRUCTION OF BARNETT LINEAR CHANNEL IMPROVEMENT PROJECT This agreement (Agreement) is entered into by the Pima County Regional Flood Control District, a political subdivision of the State of Arizona, and the Town of Marana, a municipal subdivision of the State of Arizona, pursuant to Arizona Revised Statutes (A.R. S.) Section 11-952. Recitals A. The Pima County Regional Flood Control District (District) is authorized by A.R.S. § 48-3603 to contract and join with any other flood control district, municipality, political subdivision or governmental agency in acquiring, constructing, maintaining and operating flood control works. B. The Town of Marana (Town) is authorized by A.R.S. §9-240 to construct and keep in repair bridges, viaducts, tunnels, culverts, drains, sewers and cesspools, and regulate their use. C. The District and Town wish to cooperate in the design and construction of the Barnett Linear Drainage Improvements, consisting of flood control improvements beginning at Interstate 10 (1- 10) on the east, generally following the existing alignment of Barnett Road west until ending at the confluence of the Santa Cruz River ("the Project"). D. The parties find it necessary to enter into an intergovernmental agreement for the purpose of implementing the Project. NOW THEREFORE, Town and District, pursuant to the above and in consideration of the matters and things thereafter set forth, do mutually agree as follows: AGREEMENT SECTION 1. PURPOSE The purpose of the Agreement is to set forth the responsibilities of the parties for the design and construction of the Project. SECTION 2. THE PROJECT The Project consists of the design and construction of a two hundred foot wide drainage channel beginning at Interstate 10 (1- 10) and generally following the existing alignment of Barnett Road west until ending at the confluence of the Santa Cruz River, as more fully depicted in Exhibit A {00004131.DOC Page I of 6 10/8/07 CIH attached. The Town shall advertise, award, execute and administer all contracts for the Project. SECTION 3. COMMITMENT OF FUNDS The District shall pay to Town a total amount of $600,000.00 as the District's contribution to the cost of the Project. SECTION 4. VESTING OF TITLE AND MAINTENANCE Upon completion of the Project, title to the Project improvements constructed as a result of the Agreement shall vest in Town and Town shall be responsible for the continued operation and maintenance of the improvements. SECTION 5. EFFECTIVE DATE AND DURATION OF AGREEMENT 5.1 This agreement shall be effective on the date of recordation of the original executed Agreement with the office of the Pima County Recorder. 5.2 This agreement may be executed in multiple counterparts, each of which shall, for all purposes, be deemed an original and all of which, taken together, shall constitute one and the same agreement. 5.3 This Agreement shall remain in effect until the Project is constructed and all final accounting, payments and certifications have been completed. Under no circumstances shall this agreement extend beyond December 31, 2012, unless extended by written agreement of the parties. SECTION 6. LEGAL JURISDICTION Nothing in this Agreement shall be construed as either limiting or extending the legal jurisdiction of District or Town. SECTION 7. NO JOINT VENTURE It is not intended by this Agreement to be construed to create any partnership, joint venture or employer-employee relationship between District and Town. No party shall be liable for any debts, accounts, obligations nor other liabilities whatsoever of any other party as a result of this Agreement, including (without limitation) any party's obligation to withhold Social Security and income taxes for itself or its employees. SECTION 8. NO THIRD PARTY BENEFICIARIES This Agreement shall not create any right to any person or entity as a third party beneficiary. SECTION 9. COMPLIANCE WITH LAWS The parties shall comply with all applicable federal, state and local laws, rules, regulations, standards and executive orders, without limitation to those designated within this Agreement. The laws and regulations of the State of Arizona shall govern the rights of the parties, the performance of this Agreement and any disputes hereunder. Any action relating to this Agreement shall be brought in an Arizona court. 9.1. Anti-Discrimination. The provisions of A.R.S. § 41-1463 and Executive Order Number 99-4 issued by the Governor of the State of Arizona are incorporated by this reference as a part of this Intergovernmental Agreement. 9.2. Americans with Disabilities Act. This Agreement is subject to all applicable fOO00413I.DOC Page 2 of 6 10/8/07 CIH provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101-12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36. SECTION 10. FORCE MAJEURE A party shall not be in default under this Agreement if it does not fulfill any of its obligations under this Agreement because it is prevented or delayed in doing so by reason of uncontrollable forces. The term uncontrollable forces shall mean, for the purpose of this Agreement, any cause beyond the control of the party affected, including but not limited to floods, earthquakes, acts of God, or orders of any regulatory government officer or court (excluding orders promulgated by the parties themselves), which, by exercise of due diligence and foresight, such party could not reasonably have been expected to avoid. Any party rendered unable to fulfill any obligations by reason of uncontrollable forces shall exercise due diligence to remove such inability with all reasonable dispatch. SECTION 11. WAIVER Waiver by any party of any breach of any term, covenant or condition herein contained shall not be deemed a waiver of any other term, covenant or condition, or any subsequent breach of the same or any other term, covenant, or condition herein contained. SECTION 12. TERMINATION 12.1. For cause. A party may terminate this Agreement for material breach of the Agreement by any other party. Prior to any termination under this paragraph, the party allegedly in default shall be given written notice by the other parties of the nature of the alleged default. The party said to be in default shall have forty-five days to cure the default. If the default is not cured within that time, any other party may terminate this Agreement. Any such termination shall not relieve any party from liabilities or costs already incurred under this Agreement. 12.2. Conflict of Interest. This Agreement is subject to the provisions of A.R.S. § 38-511 relating to potential conflicts of interest. 12.3. Non-i1ppropriation. It is acknowledged that, notwithstanding any other provision contained herein, this Agreement may be terminated if for any reason the Pima County Flood Control District Board of Directors or the Town of Marana Mayor and Council fails to appropriate sufficient monies for the purpose of maintaining this Agreement. In the event of such cancellation, District and Town shall have no further obligation to the other party other than for payment for services rendered prior to such termination. SECTION 13. INDEMNIFICATION 13.1 Indemnity. Town shall indemnify, defend and hold District, its governing board or body, officers, departments, employees and agents, harmless from and against any and all suits, actions, legal or administrative proceedings, claims, demands, liens, losses, fines or penalties, damages, liability, interest, attorneys, consultants and accountants fees or costs and expenses of whatsoever kind and nature, resulting from or arising out of any act or omission of the indemnifying party, its agents, employees or anyone acting under its direction or control, whether intentional, negligent, grossly negligent, or amounting to a breach of contract, in 10000413 LDOC Page 3 of 6 10/8/07 CIH connection with or incident to the performance of this Agreement. 13.2 Notice. District shall notify Town in writing within thirty (30) days of the receipt of any claim, demand, suit or judgment against the receiving party for which the receiving party intends to invoke the provisions of this Article. Each party shall keep the other party informed on a current basis of its defense of any claims, demands, suits, or judgments under this Article. 13.3 Negligence of indemnified party. The obligations under this Article shall not extend to the negligence of the indemnified party, its agents or employees. 13.4 Survival of termination. This Article shall survive the termination, cancellation or revocation, whether in whole or in part, of this Intergovernmental Agreement. SECTION 14. INSURANCE Each party to this agreement acknowledges that the other party is self-insured and warrants that such self insurance fully covers that party's liability regarding the Project. SECTION 15. BOOKS AND RECORDS Each party shall keep and maintain proper and complete books, records and accounts, which shall be open for inspection and audit by duly authorized representatives of any other party at all reasonable times. All design and construction drawings, records, documentation and correspondence shall be the property of the Town on completion of the Project except for those copies maintained by District for its records. Within six months after completion of Project, the Town shall provide to District "as-built" original drawings of the Project at no cost to District. SECTION 16. INSPECTION AND AUDIT OF RECORDS The appropriate designated representatives of any party may perform any inspection of the Project or reasonable audit of any books or records of any other party to satisfy itself that the monies on the Project have been spent and the Project operated and maintained in accordance with this Agreement. SECTION 17. SEVERABILITY In the event that any provision of the Agreement or the application thereof is held invalid, such invalidity shall have no effect on other provisions and their application which can be given effect without the invalid provision, or application, and to this extent the provisions of the agreement are severable. SECTION 18. REMEDIES Any dispute arising under this Agreement shall be subject to arbitration in accordance with A.R.S. § 12-1518 amended. SECTION 19. NOTIFICATION All notices or demands upon any party to this Agreement shall be in writing, unless other forms are designated elsewhere, and shall be delivered in person or sent by mail addressed as follows: Town of Marana: Barbara Johnson Town of Marana Department of Public Works 115 5 5 W. Civic Center Drive {0000413 LDOC Page 4 of 6 10/8/07 CIH Marana, AZ 85653 Pima County Re2ional Flood Control District: Christopher C. Cawein, Deputy Director Pima County Regional Flood Control District 97 E. Congress, 3 rd Floor Tucson, Arizona 85701 In Witness Whereof, the Town has caused this Agreement to be executed by the Mayor, upon resolution of the Mayor and Council and attested to by the Town Clerk, and the District has caused this Agreement to be executed by the Chairman of its Board of Directors, upon resolution of the Board and attested to by the Clerk of the Board. THEREFORE, the parties hereto have entered into this Agreement this 16th day of October, 2007. PIMA COUNTY FLOOD CONTROL DISTRICT TOWN OF MARANA BOARD OF DIRECTORS Richard Elias, Chairman ATTEST: Clerk of the Board Ed Honea, Mayor ATTEST: Town Clerk 100004131.DOC Page 5 of 6 10/8/07 CIH ATTORNEY CERTIFICATION The foregoing Intergovernmental Agreement between the Pima County Flood Control District, and the Town of Marana has been reviewed pursuant to the provisions of A.R. S. § 11 -952 by the undersigned, who have determined, each as to their respective client only, that it is in proper form and is within the powers and authorities granted under Arizona law to the parties represented by the undersigned. Pima County Flood Control District: Town of Marana: Deputy County Attorney for the District Town Attorney {00004131.DOC Page 6 of 6 10/8/07 CIH TOWN COUNCIL MEETING TOWN OF MARANA 9WARANA17 INFORMATION Zo (io MEETING DATE: October 16, 2007 AGENDAITEM: 1.4 TO: MAYOR AND COUNCIL FROM: Frank Cassidy, Town Attorney SUBJECT: Resolution No. 2007-176: Relating to Utilities; approving and au- thorizing the Mayor to execute a Common Interest in Anticipation of Litigation Joint Participation Agreement relating to the West- ern Area Power Administration 2017 Hoover Dam Power Con- tracts; and declaring an emergency. DISCUSSION Beginning in 2017, the Western Area Power Administration will enter into new contracts for power generated at Hoover Dam. Historically, Hoover power contracts have provided for the acquisition of power at rates significantly below normal commercial market rates. To assure that Arizona and entities within Arizona receive their fair share of Hoover power, the Arizona Power Authority has invited interested entities to participate in negotiations for the 2017 Hoover power reallocation. To assure that legal discussions and strategies among the entities seeking a 2017 Hoover power allocation remain confidential, the Arizona Power Authority has, with feedback from attorneys for the interested entities, created a "Common Interest in Anticipa- tion of Litigation Joint Participation Agreement." This agreement is presented to the Town Council for approval so that the Town of Marana may participate in the Hoover power realloca- tion negotiations. If approved and executed on behalf of the Town, the agreement would allow the Town to par- ticipate with the Arizona Power Authority in developing confidential legal strategies to assure that Arizona and entities within Arizona that are entitled to receive Hoover power obtain that power under the most favorable possible terms and to minimize the risk that Hoover power will be reallocated disproportionately to other states. RECOMMENDATION Staff recommends adoption of Resolution No. 2007-176, approving and authorizing the Mayor to execute the Common Interest in Anticipation of Litigation Joint Participation Agreement. ATTACHMENT September 10, 2007 Notice of Availability of Common Interest Agreement Arizona Power Au- thority Commission. Common Interest in Anticipation of Litigation Joint Participation Agreement SUGGESTED MOTION I move to adopt Resolution No. 2007-176. 100006423.DOCII FJClcds 1012107 MARANA RESOLUTION NO. 2007-176 RELATING TO UTILITIES; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A COMMON INTEREST IN ANTICIPATION OF LITIGATION JOINT PARTICIPATION AGREEMENT RELATING TO THE WESTERN AREA POWER ADMINISTRATION 2017 HOOVER DAM POWER CONTRACTS; AND DECLARING AN EMERGENCY. WHEREAS the Western Area Power Administration will enter into new contracts for power generated at Hoover Dam in 2017; and WHEREAS Hoover power contracts have provided for the acquisition of power at rates significantly below normal commercial market rates; and WHEREAS the proposed agreement would allow the Town to participate with the Arizona Power Authority in developing confidential legal strategies to assure that Arizona and entities within Arizona that are entitled to receive Hoover power obtain that power under the most favor- able possible terms and to minimize the risk that Hoover power will be reallocated disproportion- ately to other states; and WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests of the public to execute this agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the Common Interest in Anticipation of Litigation Joint Participation Agreement attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved, and the Mayor is hereby authorized to execute it for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that the Town's Manager and staff are hereby directed and au- thorized to undertake all other and further tasks required or beneficial to carry out the terms, obliga- tions, and objectives of the intergovernmental agreement. PASSED and ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 16th day of October, 2007. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney f00006430.DOCI? FJC:cds 1012107 September 10, 2007 NOTICE OF AVAILABILITY OF COMMON INTEREST AGREEMENT ARIZONA POWER AUTHORITY COMMISSION Notice is hereby given to the general public that the Arizona Power Authority has available for review and signature the Common Interest Agreement (Agreement) related to the Hoover Post-2017 marketing process. Information concerning the Agreement may be obtained from the Authority's Legal Counsel, Douglas Fant at 602/542-4263 or 602/770-5098. Marketing Process - The current federal Hoover power contracts with the Western Area Power Administration (Western), including the Authority's contract, will expire on September 30, 2017. Thereafter, the Authority anticipates that Western will remarket the Hoover power. The Authority solicits input from future potential power customers about that process and will form a group to consider those issues. Execution of a copy of the Agreement is a precondition to participation in that group. The signed Agreement must be received by the Authority on or before October 26, 2007. Thereafter, unanimous consent of the group will be required before any additional party may join. A copy of the Agreement is available and may be provided by the Secretary at office of the Authority at 1800 West Adams Street, Phoenix, Arizona 85007. Alternatively, an electronic version is available on the Authority's web site at www.powerauthority.org . Rita K. Gallant, Secretary A315#100/Notice Avail Comm IntAgrmt9 1007 COMMON INTEREST IN ANTICIPATION OF LITIGATION JOINT PARTICIPATION AGREEMENT This Common Interest In Anticipation Of Litigation Joint Participation Agreement (hereinafter "Agreement") is entered into by and among the undersigned entities (individually "Member", and collectively, "Members" or the "Common Interest Group") as represented by their respective undersigned counsel. This Agreement memorializes certain understandings reached among Members and their counsel with respect to their common interests in connection with the subject matter about which litigation is anticipated. The Members are preparing to participate in a federal process or processes conducted by the Western Area Power Administration ("Western") leading to contracts for power generated at Hoover Dam pursuant to the Boulder Canyon Project Act, as amended, 43 U.S.C. § 617, et seq. and other applicable federal law for the period beginning October 1, 2017 (the "Hoover Proceedings"). Given the past history of litigation over similar contracts (see State of Nevada, the State of Arizona and its Arizona Power Authority v. United States of America, Civ LV82-441 -RDF (D.C. Nev. 1982)), and the high level of interest already expressed in the anticipated electric power contracts, the Common Interest Group anticipates that the Hoover Proceedings may result in litigation. The Members through their counsel wish to work cooperatively and to pursue their common interest in developing strategy related to the Hoover Proceedings and anticipated future litigation. The Members believe that sharing of confidential and privileged information and documents among themselves through their attorneys will be mutually beneficial to the Members in the pursuit of their interests and objectives. Serious legal, factual and administrative issues must be addressed in anticipation of an adversarial federal administrative process and associated litigation which prior history demonstrates is likely to occur. The Members have a common interest in the proper resolution of those issues and believe it to be in their interests to coordinate their efforts and the efforts of their respective counsel. The undersigned counsel consider that mutual disclosure among themselves and their respective clients of matters of common concern in this undertaking is essential to the effective representation of their respective clients and, therefore, the Members agree as follows: These understandings which are the subject of this Agreement are to further the Members' common legal interest that the State of Arizona acting through Arizona Power Authority or any successor entity, will receive the maximum available share of Hoover power. Any exchange of information in connection with such joint efforts is not intended to waive any attorney/client or attorney work product privilege, or other protection from disclosure to third parties which may be otherwise available. Accordingly, it is the intention and understanding of the Members and their counsel that all work product of or communications made between any member of a "client set" and a member of another "client set" see Restatement (Third) of the Law Governing Lawyers §§ 70, 76 cmt. d) relating to the development and implementation of common strategies, whether offensive, defensive, or negotiation-related, including but not limited to information and communication contained in documents, memoranda, correspondence, drafts, notes, reports, factual summaries, transcript digests, communications among counsel, or counsel and clients including their employees, consultants, board members and advisors, any joint or several interview of prospective witnesses, or the sharing or exchange via any media, including but not limited to electronic media, as well as any other material and information which would otherwise be protected from disclosure to third parties are, and will remain, confidential and protected from disclosure to any third party by their clients' respective attorney-client and attorneys' work product privileges ("Privileged Communications"). A "client set" consists of a Member, the Member's agent for communication, the Member's counsel, and the counsel's agent. This Agreement however is not Privileged Communications. All work performed by the undersigned counsel and their respective firms and consultants pursuant to this Agreement and communications among the undersigned counsel and their consultants and/or clients in connection with this undertaking shall be conducted and protected pursuant to the attomey-client privilege and work product doctrine as recognized in Arizona. The Members acknowledge and agree that this Agreement is intended to facilitate the exchange of information and ideas among counsel and employees, assistants and professionals engaged from time to time by any of them, which exchange of information and ideas is deemed essential to the development of a common strategy or strategies, both offensive and defensive or negotiation-related, with respect to the Hoover Proceedings. Any Privileged Communications exchanged by counsel pursuant to this Agreement shall not be used by any Party for purposes unrelated to the Hoover Proceedings. The Members acknowledge and agree that the attorney- client privilege and work product doctrine shall apply to all Privileged Communications. It is intended that all Privileged Communications remain confidential in accordance with the terms of this Agreement, and it is on this basis that all Privileged Communications are made between and among the respective counsel and employees, assistants and professionals engaged by them. The Members and their counsel will make all reasonable efforts to maintain the confidentiality of the Privileged Communications. Each Member agrees to maintain the confidentiality of all Privileged Communications and shall also instruct counsel that none of the Privileged Communications obtained or developed by any of the Members, counsel, employees, assistants and professionals as a result of this Agreement shall be disclosed to third parties without the consent of the undersigned Members and counsel. Modifications of this Agreement can be made if such modifications are in writing and are signed by all of the counsel signatory to this Agreement. Entities who are eligible to receive Hoover power under either Title 30 or Title 45 of the Arizona Revised Statutes and who have a common interest may join the Common Interest Group on or before October 26, 2007. Additional entities who are eligible to receive Hoover power under either Title 30 or Title 45 of the Arizona Revised Statutes and who have a common interest, as well as their counsel may be added to the Common Interest Group as Members of this Agreement subsequent to October 26, 2007 upon execution of this Agreement and with the unanimous written consent of all counsel then signatories to this Agreement and upon execution of an addendum to this Agreement. Additional Members and their counsel executing an addendum to this Agreement agree to and shall be bound by the terms and conditions of the Agreement the same as if they had executed the Agreement initially. Any Member or counsel receiving a third-party request or demand for disclosure of Privileged Communications subject to this Agreement shall report such request forthwith to all signatory counsel and shall utilize all reasonable means and legal processes to maintain the confidentiality of such communications, including but not limited to opposing any requests for, or motions to compel production of such communications, or, when appropriate, seeking a protective order to prevent disclosure of such communications. Any Member is free to withdraw from this Agreement upon that Member's counsel giving written notice to all other Members and counsel to this Agreement. Withdrawal shall be effective as of the date of the notice. The withdrawing Member or counsel shall no longer be entitled to receive Privileged Communications. Concurrently with such notice, a withdrawing Member or counsel shall return all Privileged Communications and copies thereof. Members and counsel agree that any privilege by which the confidentiality of any materials and copies is protected shall remain in full force and effect during and subsequent to such withdrawal and the withdrawing Member or counsel shall be obligated to protect such privilege. The Members agree that this Agreement shall remain in effect until completion of the Hoover Proceedings or any litigation to final non-appealable judgment or to final negotiated resolution related to such proceedings, whichever is later. All Privileged Communications provided to a Member or counsel shall be returned, if requested by the furnishing Member or Member's counsel, at the conclusion thereof. By signing this Agreement, each of the undersigned counsel certifies that the contents of this Agreement have been explained to each counsel's respective client(s) and that each client becoming a Member by execution of this Agreement agrees to abide by the understandings reflected herein. Nothing contained herein shall be deemed to create an attorney-client relationship or duty of loyalty between any counsel and anyone other than the client of that counsel either expressly or by implication. Each Member executing this Agreement also certifies that it has relied upon the advice of its own counsel, and also knowingly waive(s) any and all claims of conflict of interest that may arise between or among the Members during any administrative proceedings, preparation or participation, trial preparation, conduct of trial, subsequent appeal or negotiations toward settlement. It is explicitly understood that the obligations between counsel and client are not waived by this provision. This Agreement is effective in its original form as of the date of execution indicated next to the signature of each Member and its counsel below and, as to any additional Member added to the Common Interest Group, as of the date of execution by that new Member and its counsel. This Agreement may be executed in multiple counterparts, each signature being made part of the 3 whole Agreement as if executed as one document. Original, facsimile, and electronic signatures are sufficient and may be employed to execute this Agreement. 7 Member: Town of Marana By: Ed Honea Its: Mayor Member: By: Its: Member: By: Its: Member By: Its: Member: By: Its: Member: By: Its: A315# I OO/Final Common Interest Agreement 9 10 07 t Counsel Date Counsel Date Counsel Date Counsel Date Counsel Date 4 TOWN COUNCIL N 0 N"ko? MEETING TOWN OF MARANA (11 AS 7 INFORMATION MEETING DATE: October 16, 2007 AGENDAITEM: 1.5 TO: MAYOR AND COUNCIL FROM: C. Brad DeSpain, Utilities Director SUBJECT: Resolution No. 2007-177: Relating to Utilities; adopting the Revised Town of Marana Drought Preparedness Plan DISCUSSION The Water Department has been working with members of the Water Conservation Alliance of Southern Arizona (CASA) to revise the Drought Preparedness Plan which was approved by Resolution No. 2006-184 so that it is similar to those adopted by other local jurisdictions, to harmonize drought stage declarations and conservation measures. The Revised Town Drought Preparedness Plan proposes to use the Arizona Drought Monitor Program, and the Monitoring Technical Committee (MTQ to determine the different stages of drought responses instead of the Climate Assessment Project for the Southwest (Climas). Staff believes that MTC is now a better source of drought information than Climas. The stages of drought determine the measures required by the Town to encourage water conservation. At the request of SAHBA, this revised Plan amends the language relating to a Stage 4 drought declaration to provide that Marana will begin the process set forth in A.R.S. § 9-463.06 to consider adopting a moratorium on the issuance of permits and approvals for new water- consuming uses and activities. Language in the original Plan indicated that Marana would automatically stop approving water service agreements in a Stage 4 drought. The Town Attorney agreed with SAHBA that the original language gave the appearance of an automatic moratorium, which is not permitted by statute. ATTACHMENT Drought Preparedness Plan. RECOMMENDATION The Utility Commission and staff recommend approval of the Revised Town of Marana Drought Preparedness Plan. SUGGESTED MOTION I move to adopt Resolution No. 2007-177. BLURevised Drought Plan 101512007 1:06 PMAPMIFC MARANA RESOLUTION NO. 2007-177 RELATING TO UTILITIES; ADOPTING THE REVISED TOWN OF MARANA DROUGHT PREPAREDNESSPLAN WHEREAS Arizona is in the midst of a prolonged drought that has various impacts on our environment, specifically regarding water supplies in Southern Arizona; and WHEREAS the Arizona Department of Water Resources required all water providers to have a drought preparedness plan completed and in place by January 2007; and WHEREAS the Marana Drought Preparedness Plan was adopted on November 14, 2006 by Resolution No. 2006-184; and WHEREAS the Marana Water Department has been working with members of the Water Conservation Alliance of Southern Arizona (CASA) to revise the Drought Preparedness Plan so that it is similar to those adopted by other local jurisdictions, to harmonize drought stage declarations and conservation measures; and WHEREAS the Mayor and Council find that it is more appropriate for the Revised Town Drought Preparedness Plan to use the Arizona Drought Monitor Program, Monitoring Technical Committee to determine the different stages of drought responses instead of the Climate Assessment Project for the Southwest (Climas); and WHEREAS the Mayor and Council find that language in the Plan relating to Stage 4 drought should properly be conformed to A.R.S. § 9-463.06 relating to moratorium adoption; and WHEREAS the Mayor and Council find that the drought responses and measures set forth in the Revised Town of Marana Drought Preparedness Plan are in the best interests of the Town and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Revised Town of Marana Drought Preparedness Plan, attached to and incorporated in this resolution as Exhibit A is hereby adopted, and the various Town officers and employees are authorized and directed to carry out the terms of this resolution. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 16th day of October, 2007. Ed Honea, Mayor ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Revised Drougbt Plan Reso 2007-177 2 10/5/2007 1:26 PM APM/FC REVISED TowN OF MARANA DROUGHT PREPAREDNESS PLAN Arizona is in the midst of a prolonged drought that has various impacts on our environment. Specifically regarding water supplies in Southern Arizona, the drought does not immediately equate to water shortage. We are not running out of water. In fact, the Town of Marana (Marana) has a I 00-year assured water supply designation from the State of Arizona. Additionally, Marana has been steadily working toward the use of renewable supplies rather than relying solely on our groundwater. The Arizona Department of Water Resources requires that all water providers are to have a Drought Preparedness Plan by January 2007. While no water shortage exists, no one knows how long the current drought might last. Some climatologists are predicting that we are in a 20- to 30-year drought cycle; therefore, Marana feels it is important to have a Drought Preparedness Plan in place that can respond to a reduction of our available water supply due to a drought. Marana's Drought Preparedness Plan includes measures initiated based on the severity of the drought response. In the early stages of drought Marana will rely on its customers to voluntarily comply with requests for water reduction. Marana can also implement a drought surcharge to its rates, limit potable water for construction uses, and in the most severe drought response stage begin statutory process to adopt a moratorium on new water consuming uses. The main focus of Marana's Drought Preparedness Plan is to continue its overall objective of sound water management. A primary tool is the current cooperation with Oro Valley, Metro Water District, and Flowing Wells Irrigation District to develop a Northwest Area Renewable Supply Treatment and Distribution System. By directly using Central Arizona Project water, our groundwater well levels will be able to recover and then our wells can serve as a backup to the renewable supplies. Marana has decided to use information from the Arizona Drought Monitor (ADM) which brings together researchers who study the processes and effects of climate on the Southwest region with individuals and organizations who need climate information to make informed decisions. The Monitoring Technical Committee (MTC) gathers drought, climate, and weather data and disseminates the information to land managers, policy-makers, and the public. The MTC determines drought conditions based on monitoring data, tracks changes in weather and physical conditions, forecasts likely future conditions, and provides early detection of changes in drought severity. The MTC will also assess local area impact assessment information provided by citizens throughout the state. The project's mission is to improve the ability of the region to respond sufficiently and appropriately to climatic events and climate changes. The MTC aims to foster participatory, iterative research involving researchers, decision makers, resource users, and others who need more and better information about climate and its impacts. MTC also provides a focal point for identifying and serving the information needs of stakeholders at the local, state, national, and international levels. Marana's Drought Preparedness Plan includes four stages in response to the impacts of a drought on our available water supply, which currently is primarily groundwater. The stage then determines which measures are initiated. The stages are determined when any two triggers are present. 1. Arizona Drought Monitor percent of average precipitation for the water year, 2. Arizona Drought Monitor, 3.Annual decline of the overall groundwater levels and 4. The number of consecutive days over 100 degrees. Stage One (Moderate) is initiated when any two of the triggers are present. 1. Arizona Drought Monitor percent of precipitation for the water year is 70% to 90% of normal. 2. Arizona Drought Monitor is D-2: severe drought. 3. The annual decline of the overall groundwater level is between 1.0 feet to 2.4 feet. 4. Over 45 consecutive days of 100 degrees. In Stage One, Marana will increase customer awareness about the drought and water resources through education. Additionally, Marana will work with Pima County to put in place ordinances that strengthen Southern Arizona's conservation ethic. Marana will work with its neighboring water providers to look at cooperative efforts that include providing emergency backup as well as joint conservation efforts. Most importantly, Marana will continue its overall water management efforts to use renewable water supplies. In effect, Marana has been doing all of Stage One measures the last few years. Stage Two (Abnormally Dry) is initiated when any two of the triggers are present. 1. Arizona Drought Monitor percent of precipitation for the water year is 50% to 70% of normal. 2. Arizona Drought Monitor is D-3: extreme drought. 3. The annual decline of the overall groundwater level is between 2.5 feet to 3.9 feet. 4. Over 60 consecutive days of 100 degrees. In Stage Two, Marana requests customers to limit landscape irrigation to two days per week between 8:00 p.m. and 8:00 a.m. as well as avoid other outdoor water uses; for example, hosing down walkways and washing vehicles without a bucket and hose with a positive cutoff nozzle. Hotels and restaurants will be asked to initiate industry green measures for conserving water, such as providing water only on request and washing sheets and towels only if requested. Under Stage Two, all of the measures of Stage One will also continue. Stage Three (Emergency) is initiated when any two of the triggers are present. 1. Arizona Drought Monitor percent of precipitation for the water year is 25% to 50% of normal. 2. Arizona Drought Monitor is D-4: exceptional. 3. The annual decline of the overall groundwater level is between 4.0 feet to 4.9 feet. 4. Over 75 consecutive days of 100 degrees. In Stage Three, Marana will not permit the use of potable water for construction including dust control; reclaimed water will need to be used instead. Marana will consider instituting a drought surcharge to Tier 5 of the rate structure. Additional voluntary water reduction measures will be requested from customers including the limiting of landscape irrigation to one day per week between 8:00 p.m. and 8:00 a.m. In addition to avoiding outdoor water uses, customers will be asked not to empty or fill their pools. The other measures of Stage One and Stage Two will continue to be in place. Stage Four (Crisis) is initiated when any two of the triggers are present. 1. Arizona Drought Monitor percent of precipitation for the water year is 25% of normal. 2. Arizona Drought Monitor is D-4: exceptional. 3. The annual decline of the overall groundwater level is 5.0 feet or more. 4. Over 90 consecutive days of 100 degrees. Under Stage Four, Marana will begin the process set forth in Arizona Revised Statues section 9-463.06 to consider adopting a moratorium on the issuance of permits and approvals for new water-consuming uses and activities. Marana will consider instituting a drought surcharge to Tier 3 and Tier 4 of the rate structure in addition to the one for Tier 5. No potable water will be used for construction. Customers will be requested to limit landscape irrigation ONLY to trees and shrubs one day per week between 8:00 p.m. and 8:00 a.m. and no irrigation of turf or ground covers. Other previous measures will continue to be in place. REVISED TowN OF MARANA DROUGHT PREPAREDNESS PLAN Drought Responses Measures Stage I - Moderate 0 Increase Customers Awareness through Education Arizona Drought Monitor % 0 Work with County to put Ordinances in place average precipitation 0 Continue Overall Water Management Efforts to Use for water year 70% - 90% Renewable Water Supplies Arizona Drought Monitor D-2 0 Work with Neighboring Water Providers Overall Groundwater Levels 1.0' - 2.4' annual decline Over 45 consecutive days of 100 degrees Stage 2 - Abnormally Dry Request Voluntary Water Reduction Measures Arizona Drought Monitor % Limit Landscape Irrigation to 2 days per week between average precipitation 8:00 p.m. and 8:00 a.m. for water year 50% - 70% Hotels and Restaurants will be asked to conserve water. Arizona Drought Monitor D-3 Avoid other outdoor water uses including misters and car Overall Groundwater Levels washes 2.5' - 3.9' annual decline Continue to work with County to Ordinances in place Over 60 consecutive days of Continue Overall Water Management Efforts to Use 100 degrees Renewable Water Supplies * Work with Neighboring Water Providers Stage 3 - Extreme 0 No Potable Water for Construction Arizona Drought Monitor % 0 Institute Drought Surcharge to Tier 5 of the Rate Structure average precipitation 0 Request Additional Voluntary Water Reduction Measures for water year 25% - 50% - Limit Landscape Irrigation to I day per week between 8:00 Arizona Drought Monitor D-4 p.m. and 8:00 a.m. Overall Groundwater Levels - Pools not be filled 4.0' - 4.9' annual decline 0 Continue to work with County to put Ordinances in place Over 75 consecutive days of 0 Continue Overall Water Management Efforts to Use 100 degrees Renewable Water Supplies 9 Work with Neighboring Water Providers Stage 4 - Severe 0 Begin statutory process to adopt moratorium on new water- Arizona Drought Monitor % consuming uses. average precipitation 0 Institute Drought Surcharge to Tier 3 and 4 of the Rate for water year less than 25% Structure in addition to Tier 5 Arizona Drought Monitor D-4 * No Potable Water for Construction Overall Groundwater Levels 0 Request Additional Voluntary Water Reduction Measures 5.0' and more annual decline - Limit Landscape Irrigation ONLY to trees and shrubs I day Over 90 consecutive days of per week between 8:00 p.m. and 8:00 a.m. 100 degrees - No irrigation of turf or ground covers Continue to work with County to put Ordinances in place Continue Overall Water Management Efforts to Use Renewable Water Supplies Work with Neighboring Water Providers TOWN COUNCIL MEETING TOWN OF MARANA @,?SN A INFORMATION 1 Aklzu?'P, MEETING DATE: October 16, 2007 AGENDAITEM: 1.6 TO: MAYOR AND COUNCIL FROM: Richard Vidaurri, Chief of Police SUBJECT: Resolution No. 2007-178: Relating to the Police Department; approving and authorizing the Marana Police Department to execute a Wide Area Network and Law Enforcement Software User Agreement with the Pima County Sheriff s Department. DISCUSSION This item was brought to Council as a presentation at the October 2, 2007 meeting. The Marana Police Department (MPD) has been involved in discussion and planning with the Pima County Sheriffs Department (PCSD) for the development of a Wide Area Network (WAN) User Agreement for some time. The Agreement allows the MPD to access the PCSD's WAN for criminal justice purposes. This would allow MPD access to a wide array of criminal justice information, while PCSD would remain responsible for providing and maintaining the hardware and software required for supporting the services available through the WAN. The Sheriffs Department will not charge any licensing, access or service fees for the use of the WAN, the software, or the information obtained through this access. MPD is responsible for providing a secure communications path to access the network. Moreover, MPD will be responsible for purchasing and maintaining any per-user licensed software used by MPD. ATTACHMENT Wide Area Network and Law Enforcement Software Participating Agency User Agreement RECOMMENDATION Staff recommends the adoption of Resolution No. 2007-178, approving and authorizing the Marana Police Department to execute the User Agreement with the Pima County Sheriffs Department. SUGGESTED MOTION I move to adopt Resolution No. 2007-178. tOO006488.DOCI) 10/8/07 JF MARANA RESOLUTION NO. 2007-178 RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE MARANA POLICE DEPARTMENT TO EXECUTE A WIDE AREA NETWORK AND LAW ENFORCEMENT SOFTWARE USER AGREEMENT WITH THE PIMA COUNTY SHER- IFF'S DEPARTMENT. WHEREAS the Marana Police Department and the Pima County Sheriff s Department desire to enter into a user agreement that will allow the Marana Police Department access to a wide array of criminal justice information through the use of the Pima County Sheriff s Department's Wide Area Network; and WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests of the public to enter into this agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the Wide Area Network and Law Enforcement Software User Agree- ment between the Marana Police Department and the Pima County Sheriff s Department, attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved, and the Marana Police Department is hereby authorized to execute it for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that the Town's Manager and staff are hereby directed and au- thorized to undertake all other and further tasks required or beneficial to carry out the tenns, obliga- tions, and objectives of the intergovernmental agreement. PASSED, ADOPTED, and APPROVED by the Mayor and Council of the Town of Marana, Arizona, this 16th day of October, 2007. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney (00006489.DOCII JF 101810 7 Wide Area Network and Law Enforcement Software Participating Agency User Agreement This agreement is entered into this Ist day of May 2007 by the Pima County Sheriffs Department, hereafter referred to as "PCSD" and the Marana Police Department, a criminal justice agency,. hereafterreferred to as "Participating Agency". ARTICLE I This agreement shall commence at the time both parties sign the agreement and continue until either party gives thirty-day written notice of termination. ARTICLE 11 The Participating Agency shall request and have received approval of the Arizona Department of Public Safety, Access Integrity Unit prior to being granted any Arizona Criminal Justice Information System (AC31S) access. ARTICLE III PCSD agrees to provide the Participating Agency with access to the ACJIS network which includes ACIC, NCIC, ALETS, NLETS, MVD, and " ACCH; Spillman Law Enforcement modules which have been licensed to Pima County by Spillman Technologies, Inc. under a site license; and other se-rvices accessible from the Pima County SherifFs Department Wide Area Network. ARTICLE IV The exchange of all information covered by the terms of this agreement shall be in strict compliance with all Federal and Arizona laws and regulations relating t6 the collection, storage, or dissemination of criminal justice information and criminal history record information; with all rules, procedures, and policies adapted by the NCIC Advisory Policy Board in regard to information furnished through FBI/NCIC; with all rules and regulations adopted by the Arizona Criminal Justice Commission for ACIC; and with all rules, policies, and procedures of the National Law Enforcement Telecommunications System of ACIC/NCIC and ALETS/NLETS polices, unless otherwise provided. The Participating Agency has the obligation of giving notice to its employees and other individuals to whom they disseminate information derived pursuant to this agreement. The Participating Agency shall provide PCSD with a list of authorized users, and shall update this authorized User Ust as necessary. ARTICLE V The Participating Agency agrees that the use of information received under the terms of this agreement shall be limited to criminal justice purposes, and that only persons of the Authorized User List will request or receive information covered by this agreement. The Participating Agency assumes full responsibility for any release of criminal history record information and any other criminal justice information accessed by their personnel or via the Pima County Sheriff's Department Wide Area Network by equipment maintained by the Participating Agency. ARTICLE VI, The Participating Agency agrees to comply with all.policies of the FORCE Standards Committee and with rules and procedures adopted by PCSD relevant to access and use ofsoftware listed in this agreement. This includes insuring,that agency users have been adequately trained. PCSD periodically conducts basic and advanced Spillman software user training at the Sheriff's Headquarters Building. The Participating Agency may use PCSD provided training if space is available. ARTICLE VII PCSD will charge no licensingl access, or service fee for the use of software, Information, or the Pima County Sheriff's Department Wide Area Network under the terms of this users agreement. PCSD is responsible for providing and maintaining all hardware and software required for supporting the AC31S network interface, the Spillman software, and all other services available through the Pima County Sheriffs Department Wide Area Network. The Participating Agency shall only access the Pima County Sheriffs Department Wide Area Network with equipment acceptable to PCSD- and with the expressed approval of the Sheriff Department's Information ,Systems & Technology Unit. Such equipment, provided and maintained by the Participating Agency, includes 15SU/CSUs, routers, switches, personal computers, printers, etc. The Participating Agency is responsible for providing a secure.communications path to access the Sheriff's Department Wide Area Network. The minimum approved circuit is a dedicated Point-to-PointT-1 between the Participating Agency'and the Pima County Sheriffs Department Computer Room at 1750 East Benson Highway, Tucson, Arizona. The Participating Agency is responsible for purchasing and maintaining any per-user licensed software, such as Summit. Mobile, used by the Participating Agency. ARTICLE VIII PCSD mainta ' ins a service agreement with Spillman Technologies to support and update the Spillman Software. The Participating Agency may report software bugs and make upgrade suggestions to PCSD to be reviewed and forwarded to Spillman. However, the Participating Agency will not directly contact or request support from Spillman. Software. upgr9des and system maintenance Will be performed at the convenience of the Pima County Sheriff's Department. AUTHORIZING SIGNATURES Pima County Sheriff's Department Ted Martin Date Systems & Programming Manager Marana Police Department N TOWN COUNCIL MEETING TOWN OF MARANA 11 MA"?NIA 7 .41 INFORMATION I @Utih. MEETING DATE: October 16, 2007 AGENDAITEM: 1.7 TO: MAYOR AND COUNCIL FROM: Gilbert Davidson, Deputy Town Manager SUBJECT: Resolution No. 2007-164: Relating to Public Works; approving and authorizing a proposed alignment for the future Tangerine Road Interchange (scrivener's error from September 18, 2007 meeting) DISCUSSION At the September 18, 2007 Council meeting, Mayor and Council approved the I-10/Tangerine Road transportation interchange map identified as the "ADOT Marana 2", which was supported by the affected landowners, as the preferred alignment. The "Marana Preferred 2" map was approved as the backup alignment. Negotiations relating to the possible Tangerine TI alignments continued until after the Council agenda materials were prepared and distributed. Unfortunately, the resolution drafted for the item was not revised to take into account the discussion and action by the Mayor and Council at the meeting itself Consequently, the resolution as it was ultimately executed did not refer to the correct map. This corrected resolution now refers to the appropriate Tangerine TI alignments, as discussed by the staff, affected property, and Mayor and Council at the September 18, 2007 meeting. ATTACHMENTS Corrected Resolution No. 2007-164, adopting "ADOT Marana 2" as the preferred option and "Marana Preferred Option 2" as the backup. RECOMMENDATION Staff recommends adoption of the corrected Resolution No. 2007-164. SUGGESTED MOTION I move to adopt corrected Resolution No. 2007-164. [00006503.DOCI) Corrected Tangerine TI Design 10191200 7 2:17 PM FJC MARANA RESOLUTION NO. 2007-164* RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING A PROPOSED ALIGNMENT FOR THE FUTURE TANGERINE ROAD INTERCHANGE WHEREAS the Tangerine Interchange will be in need of upgrades for capacity due to growth around the interchange; and WHEREAS the relocation of the interchange is the most effective way to achieve such an upgrade from a cost and impact to the public standpoint; and WHEREAS the Town has met with surrounding stakeholders to lay out a new location for the interchange that improves traffic circulation/flow to all commercial entities, bridges together West and East Marana, ensures that other proposed interchanges in Marana are not impacted, and minimizes railroad impacts/delays for commuters; and WHEREAS the Town has consulted with the Arizona Department of Transportation to ensure that the interchange is compatible with their long range plans for an outer loop corridor. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the new Tangerine Road interchange will be located approximately two thousand five hundred and seventy five feet (2575') north of the existing Tangerine Interchange along Interstate 10. The new interchange will be tied into the Marana Major Routes plan according to the design shown on the attached exhibit entitled "ADOT Marana 2," with the design shown on the attached exhibit entitled "Marana Preferred Option 2" to be used as a backup in the event the Arizona Department of Transportation or the Marana Public Works Department determines that ADOT Marana 2 design is not feasible. Town staff has the authority to further modify how the approved design ties into the Major Routes Plan to address developer concerns. . Corrected by October 16, 2007 Council action. 100006504.DOCII 10191200 7 2:25 PM KEBIFJC PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 16 1h day of October, 2007 (as a scrivener's error correction to the resolution as originally adopted on September 18, 2007). ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Mayor Ed Honea. {00006504.DOC -2- imp- g?j 5 CL . w XX /* It I p MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: September 18, 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 Mayor Present Herb Kai Vice Mayor Present Russell Clanagan Council Member Present Patti Comerford Council Member Present Tim Escobedo Council Member Present Carol McGorray Council Member Present Roxanne Ziegler Council Member Present STAFF Mike Reuwsaat Town Manager Present Gilbert Davidson Deputy Town Manager Present Frank Cassidy Town Attorney Present Jocelyn Bronson Town Clerk Present B. PLEDGE OF ALLEGIANCE AND INVOCATION/MOMENT OF SILENCE Led by Mayor Honea. C. APPROVAL OF AGENDA Upon motion by Council Member Comerford, seconded by Council Member Escobedo, agenda was unanimously approved with item number three and all the added amendments removed. D. CALL TO THE PUBLIC Ed Stolmaker, President of the Marana Chamber of Commerce, addressed Council regarding an invitation from Arizona Portland Cement and the Marana Chamber of Commerce to the Rolling Stones in the Quarry which is Thursday, October I 11h from 5:00 to 7:00 p.m. There will be a bus tour to the quarry, dinner and then a special performance. Alan Darrah addressed Council regarding more lighting at the park. He stated the rural transportation bus needs to be improved, more sidewalks need to be added,and there needs to be more services for senior citizens. David Morales addressed Council and gave names of individuals who he feels should be recognized as founding fathers of the town and suggested building a water fountain with a brief history on each side. I MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: September 18, 2007 E. PRESENTATIONS 1. Presentation by applicant for proposed rezoning and minor General Plan amendment for La Vista Bonita; (Public Hearing scheduled for October 2, 2007) (Kevin Kish) Mr. Kish addressed Council and stated the subject property consists of two parcels totaling approximately 25.46 acres and is generally located at the south side of Moore Road west of the Old Father alignment. The applicants propose a change of zoning of the subject property from the R-144 to the R-36 to allow for the development of a 15 lot subdivision. Since the public hearing before the planning commission with a vote of 2 to 4 denying the project, the applicant has redesigned the project and reduced the number of lots from 16 to 15 and proposed lot sizes adjacent to the existing residential houses to the south to a minimum of 1.92 acres. Tom Frazer, DCC Company, who is representing the owner/developer, Mr. Joe Banks stated there is a site analysis which will be the theme of their presentation on October 2nd. The project is bordered by Camino de Oeste on the west, Moore Road on the North, Old Father Road on the east and there is a road that has been named by the homeowners as Majestic Saguaro Lane. On the request of the homeowners they have taken the project from 21 lots to 15 lots. On the southern boundary they have lots greater than two acres. What they have tried to do is provide a buffer on the south to listen to what the homeowners would like. They have projected a proposed 3 0 feet easement. This is based upon a request from the town. There is a proposed 45 foot dedication along Moore Road and this is also a request from the town. There is a total of 1.64 acres and the developer is willing to dedicate in the right of way. There is a self imposed 60 foot buffer on the south. This is a moratorium that no house will be closer than 60 feet. The owner has elected to place a moratorium on one story homes with a 25 foot maximum height. This is a concession and more restrictive than the zoning code allows. nd 'n-ie site drainage has been designed and will be discussed on October 2 . The configuration of the interior road and the two points of ingress and egress is a change from the plan. The second cul-de-sac in the middle of the property is to preserve a large saguaro. The subdivision will establish a set of CC&Rs. They have asked for comments. They are planning on upscale homes, and there will be no mass grading on the site.There will be disturbance limits presented for each site. The site is commensurate with the density of the surrounding areas. The natural undisturbed open space is 70 percent with 30 percent disturbed. The have limited the size of the homes to 3750 sq. ft. Mr. Banks will make every effort to reach an accord to try to rectify the differences between the neighbors. He will conduct a meeting with the neighbors prior to the October 2 nd meeting. Bill Kazaros addressed Council and stated he owns property near the Visa Bonita project. He stated his neighbors have asked him to speak on their behalf to state that the property should be developed for housing; however, they are apposed to the 2 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: September 18, 2007 developer's plan as it now stands. They want to meet with the developer to resolve differences prior to the October 2 nd meeting. He stated up to this point the developer has refused to meet with them to negotiate. They are asking that the October 2 nd meeting be postponed until their group and the developer have had the opportunity to resolve their differences. Mayor Honea stated it was his understanding after reading the material, that they could build .05 houses to the acre or one house to every two acres without asking for a change in the zoning and asked Mr. Frazer if this was correct. Mr. Frazer stated the zoning is R-144 and if you take a 144 which is 3-1/3 acres and divide it by the useable acres which is about 25, you just push about eight homes. That is with a deduction of the dedication on Moore Road and Old Father. Mr. Kish stated he believed what the mayor was referencing is for the minor general plan amendment. If they were to maintain .05 or one unit per two acres then they would not be required to have the minor general plan amendment, but in terms of the zoning it is currently R- 144 which would require the 3.3 acres per lot. Council Member Clanagan asked Mr. Frazer if he had a response to the statement they have been unwilling to meet to negotiate differences. Mr. Frazer stated they have met twice. He stated they purged all the comments that were provided and they incorporated the comments with the exception of two. One comment was the dedication of the 30 foot easement along Old Father Road. The homeowners stated they did not want that dedicated to the town. He stated they wanted it zoned for R-36, but all the sites average about 1.3 acres. They were waiting to meet again until they had all the comments from the planning commission. Council Member Clanagan stated he received an e-mail from Roger and Linda Whitney stating they were apposed to the project and others who spoke at the meeting. He stated it was in their best interests to try to get the issues resolved before they come back. 2. Presentation on the De Anza Specific Plan (Kevin Kish) Vice Mayor declared a conflict of interest. Mr. Kish addressed Council and stated the request is a change of zoning from the C designation to the F. This would allow a development of a 311 lot single family detached subdivision on approximately 133 acres. The plan is separated into two communities. The northern 40 acres into large lot, 36,000 sq. ft. grade restricted areas and the southern area which proposes the 297 units, minimum lot size of 4500 with an average lot size of 8,000 within the project. Daniel Leung, Red Point Development, representing the owners on this property addressed Council and stated the project is located on Hartman Lane between Cortaro Road and Linda Vista Road just north of the Cortaro Ranch subdivision. The entrance is MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: September 18, 2007 off of Hartman Lane. The project size is approximately 133 acres. Their proposed specific plan is calling for 3 11 total lots which comes to about 2.3 residents per acre. They have a mix of lot sizes with an average of 8,000 sq. ft. They first proposed the project in the first quarter of 2004. They began having neighborhood meetings in November, 2005. The first hearing to planning and zoning was in June and was approved August 29, 2007. The type of project they presented is coving which is an attempt to get away from the typical subdivision layout. It takes an approach of curving roads which creates coved spaces in front of the yards. The sidewalks aren't directly connected to the streets. They're independent, walkable type designs that creates a sense of walkability throughout the community. It starts integrating some of the open spaces and recreational spaces within the project. One of the design features they took into consideration is the Hardy Wash that comes in from the east and runs through the property. The project proposes to dedicate permanent access to the people living northwest of their project. They have tried to incorporate some more natural, open spaces. They have done field studies and tried to pick the areas that made the most sense and had the highest value of vegetation. Out of 133 acres they have approximately 41.6 acres of natural undisturbed open space which is about 31.3 percent of the site. The engineer drainage structures were estimating approximately 4.1 percent of the site. They have about 11.6 acres or about 8.7 percent of open areas. Carolyn Campbell, representing the Coalition for Sonoran Desert Protection, stated this is a significant site for its conservation values and connectivity. This site has local habitat values because of its Ironwood habitat. The county has spent close to four million dollars in the past few years protecting lands in t1iis area utilizing connectivity from Arthur Pack Park, the natural areas there, riparian areas and flood prone areas. Currently there's sixty acres on Cortaro Road to the east of this property that is going through a bond ordinance amendment to use open space bond funds to buy about 60 acres that are adjacent to some county mitigation lands that the county has bought for the Cortaro Road widening. She stated as recently as July, the Fish and Wildlife Service reiterated to the developers that their target for open space protection on this site is 70 to 80 percent. They met with Red Point over a year and lialf ago and expressed their concerns and have not heard from them nor met with thern since. They attended the Planning and Zoning meeting and again made the offer to talk about these issues and have not heard from them. She read from a May letter from the county administrator to the town. She stated she agreed with this and asked to work on that configuration. F. MAYOR AND COUNCIL REPORTS; SUMMARY OF CURRENT EVENTS Council Member Clanagan reported that last week he had an opportunity to hear a presentation by County Manager, Chuck Huckleberry and Mr. Reuwsaat at the Northern Pima County Chamber where they gave a capsule of ongoing waste water dispute. He stated he also attended a TREO meeting. Council Member Ziegler stated she attended the grand openings for Verizon and American Home Insurance. She stated last night she attended the MPOA (Marana Police Officers Association) meeting. 4 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: September 18, 2007 Vice Mayor Kai thanked everyone for their prayers, thoughts, cards and flowers and they have all helped him recover quickly. Mayor Honea stated this Thursday a few of them will be attending the Oro Valley State of the Town. G. MANAGER'S REPORT, SUMMARY OF CURRENT EVENTS Mr. Reuwsaat stated they have been having a number of meetings with different groups on I- 10 beautification. It is now a priority with PAG regional government managers' committees that will be developing recommendations to go to the council. They met today with our ADOT representative about a potential funding source for beautification on 1-10. They met with the Arizona Rock Products group to talk about their participation and helping us with materials for 1-10 within our limits. He stated Friday night he went to a fundraising event for the housing trust fund for the City of Tucson. H. STAFF REPORTS GENERAL ORDER OF BUSINESS 1. CONSENT AGENDA 1. Resolution No. 2007-153: Relating to Liquor Licenses; approval and recommendation to the State Liquor Board for a location transfer for a No.09 (Liquor Store) liquor license submitted by Ronald Michael Parucki on behalf of Fry's marketplace #689, located at 12100 N. Thornydale Road (Jocelyn Bronson) 2. Resolution No. 2007-154: Relating to Liquor Licenses; approval and recommendation to the State Liquor Board for a new license for a No. 12 (Restaurant) liquor license submitted by Stewart Lee Roth on behalf of Fire, located at 12030 N. Dove Mountain Boulevard #104 (Jocelyn Bronson) 4. Resolution No. 2007-156: Relating to Development; approving and authorizing a final plat for Gladden Farms Block 16 (Kevin Kish) 7. Minutes of the August 21, 2007 and September 4, 2007 regular meetings. Upon motion by Council Member Escobedo, seconded by Council Member Comerford the Consent Agenda was unanimously approved. 5 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: September 18, 2007 J. COUNCIL ACTION 1. Resolution No. 2007-157: Relating to Development; ratifying the recommendation of approval by the Silverbell Road Corridor Overlay District Manager's Design Review Committee regarding Continental Crossing Condominiums (Kevin Kish) Mr. Kish addressed Council and stated applicant is requesting ratification of the recommendation of approval of the Manager's Design Review Committee regarding the review of the Continental Crossing Condominiums. The project is located on 18 acres in the Pima Farms north specific plan area and is generally located on the southwest comer of Silverbell and Continental Reserve Loop. On August 30, 2007, the Silverbell Road commercial overlay district design review committee voted unanimously to approve the design of the presented Cortaro Crossing Condominium project. The multiple family buildings are designed to resemble large single family homes. Total square feet of the units vary from 800 to 1691 sq. ft. All contain garages, as well as a porch or a deck. There is a clubhouse and recreation center proposed with the development located near the main entrance of the development. The clubhouse is a two-story building with similar architectural style as the rest of the buildings. The proposed design review application was reviewed by staff for compliance with all applicable standards, as well as the overlay district. Upon motion by Council Member McGorray, seconded by Council Member Clanagan, Resolution No. 2007-157 was unanimously approved. 2. Resolution No. 2007-158: Relating to Community Development; approving and accepting the execution of a sales agreement for the purchase of the property located at 12470 North Whitney Lane, Marana to develop affordable workforce housing for low-to moderate-income families in partnership with Habitat for Humanity (T. Van Hook) Mayor Honea declared a conflict of interest. T. Van Hook addressed Council and stated the property will be purchased using both CDBG and affordable housing funds that are already allocated. It is contingent on rezoning of the property and the property passing all the environmental reviews. The property is approximately one acre. There is an existing home. They are working with Habitat for Humanity. They plan to rehab the current home and build three additional homes after the rezoning. Upon motion by Council Member Escobedo, seconded by Council Member Comerford, Resolution No. 2007-158 was unanimously approved. 6 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: September 18, 2007 3. Ordinance No. 2007.22: Relating to Building; adopting amendments to the 2006 International Building Code, an amendment to the 2006 International Residential Code, and amendments to the 2006 International Plumbing Code; amending Marana Town Code Title 7 by revising section 7-1-2(8); changing the name of the town building department to building safety department; and declaring an emergency (John Huntley) Mr. Huntley addressed Council and stated the ordinance concerns five proposed local amendments to the current town building regulations, as well as one amendment to Title 7. Section one deals with expiration of model building plans approved by the building department. Model plans are pre-approved construction plans that can be used to construct mini structures under multiple permit applications without having to re-review plans with each submittal. This local amendment provides a standard mechanism for expiration of these model plans, as well as updating the plans to comply with the most up to date building regulations. This amendment also standardizes our model plan requirements with other greater Tucson jurisdictions. Section two of this ordinance provides a mechanism within the international building code that will allow us to support the changing business environment for owners of large retail developments. Business practices concerning the construction of new large retail stores and adjacent outdoor strip mall buildings have evolved somewhat over the past decade. The intent of the code from a fire safety prospective is to reduce the hazards posed to occupants of buildings, the general public at large, adjacent buildings and properties, as well as potential hazards posed to fire department personnel during an emergency event. This local amendment to the International Building Code is recommended in the interest of preserving building code requirements which address fire safety objectives while providing code requirements that will adequately address the evolving business needs of major anchor store and accompanying outdoor strip mall developers. Section three of the ordinance is intended to simplify compliance with accessibility requirements under the International Building Code. Section four of the ordinance reduces the required building code setback from an interior lot line under the international residential code. The 2006 code addition increased the residential setback to an interior side lot line from three feet to five feet. The general consensus with the greater Tucson area is that the original three foot requirement adequately provides for fire safety and the spread of fire between residential buildings. Section five of the ordinance provides for adoption of appendix chapters B and E of the International Plumbing Code. These are important chapters for the sizing of water distribution piping and also rain water leaders from roof drains. These chapters make it easier to apply the code. Section six of the ordinance is a housekeeping item amending section seven, one, two, paragraph eight of the town code to include the recently adopted 2006 additional of the International Fire Code. Section seven of this ordinance amends Title 7 to the town code renaming the 7 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: September 18, 2007 building department to the building safety department. This is necessary to bring us in line with wording that is codified within the International Building Code. Upon motion by Vice Mayor Kai, seconded by Council Member McGorray, Ordinance No. 2007-22 was unanimously approved. 4. Resolution No. 2007-159: Relating to Development; modifying the subdivision requirements by providing that certain existing overhead electric facilities need not be undergrounded in the vicinity of the Continental Reserve and Ironwood Reserve development projects (Cedric Hay) Mr. Hay addressed Council and stated presently the town's land development code provides "that electric power, except electrical trarismission lines carrying 69 kilovolts or more shall be located underground except for the sub-divider can show the town planning commission that underground installation is not feasible." This is done prior to surfacing of the streets and is to be done to prevent unnecessary disturbance of street improvements if there are service connections to be made. As the town has grown and the electrical needs have grown, complications with this provision have arisen. Communication between staff, TEP and Trico have identified problems relating with distribution lines and transmission lines, some of which may be exempt from this code and thus not be required to be undergrounded. There are some that still meet this requirement and then have to be undergrounded. The problem with the transmission lines to be undergrounded they need to be oil cooled which is a very expensive process to the point of being cost prohibitive for the services to actually underground these lines. Staff feels a later change to the code shall be presented to address these concerns. In the Ironwood Reser?,e/Continental Reserve area, the Western Area Power Authority has a major transmission easement over which some very high voltage lines are strung. In addition to these lines, there are some other overhead distribution lines that exist in the area. Many of these lines are adjacent to homes that have been built. It appears that now that all the other subdivision improvements, including streets have been completed there have been some lines that have been identified as desirable if they were to be undergrounded. There is a specific area, Moonfire Court, where DR Horton has agreed that they will underground the line. In exchange for taking care of this problem any remaining facilities that still remain above ground in the Ironwood Reserve area will be allowed to remain. Upon motion by Council Member Escobedo, seconded by Council Member McGorray, Resolution No. 2007-159 was unanimously approved. 5. Resolution No. 2007-160: Relating to Development; approving and authorizing a preliminary plat for Saguaro Springs Block 7 (Kevin Kish) Council Member Escobedo declared a conflict of interest. MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: September 18, 2007 Mr. Kish stated the applicant requests a preliminary plat approval for a 468 lot single family detached subdivision on approximately 121 acres within the Saguaro Springs development. The proposed subdivision lies within block seven, which has zoning of R-6, is not part of the Saguaro Springs specific area, but is adjacent to it. Saguaro Springs development is located directly south of Lambert Lane north of Twin Peaks Road in the northeast portion of the block plat. The smallest lot is 6,444 sq ft. The average lot size is 7,438 sq. ft. Per the adopted development agreement all the residential units will conform with the adopted residential design standards. Block 7 requires 86,580 sq. ft. of recreation areas based on the 185 sq. ft. per unit. This project proposes 148,000 sq. ft of trails, paved areas, pocket parks, turf play, basketball courts, and shade structures. Upon motion by Council Member Clanagan, seconded by Council Member Comerford, Resolution No. 2007-160 was approved 6-0. 6. a. Ordinance No. 2007.23: Relating to Public Works; adopting and authorizing the Town of Marana Stormwater Management Ordinance; amending the Marana Land Development Code, adding Title 25; and establishing an effective date (Barbara Johnson) b. Resolution No. 2007-161: Relating to Public Works; declaring as a public record that certain document entitled "Storinivater Management Ordinance," adopted by Ordinance No. 2007.23, as a public record filed with the Town Clerk (Barbara Johnson) Ms. Johnson addressed Council and stated on September 4 1h they presented the storm water ordinance and the management plan. They are asking that it be adopted as Title 25 in the land use code. It is an important ordinance. It is required to be adopted prior to November. Lori Lustig, on behalf of the SAHBA, addressed Council and referred to a letter written on behalf of SAHBA stormwater pollution prevention plan subcommittee. She stated the subcommittee expressed thanks for being an active participant in the process and they do urge adoption of it. Upon motion by Council Member McGor-ray, seconded by Council Member Comerford, Ordinance No. 2007.23 and Resolution No. 2007-161 were unanimously approved. 7. Resolution No. 2007-163: Relating to Streets; approving and authorizing further details for the proposed alignment of the extension of Marana Main Street North of Grier Road (Gilbert Davidson) Mr. Davidson stated they have worked over the last two and a half years talking with all the current property owners, investors and other community members in terms of the concepts for a downtown. 9 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: September 18, 2007 Paul Popelka addressed Council and stated we need to consider the new projects, but at the same time we need to recognize the existing businesses and the changes it will have on those long time businesses. He stated there are two basis issues. The first is about access, traffic volume, new road construction, who is going to be responsible for what kinds of improvements and when and what are the impacts to the existing businesses and the other issue deals with how to address the long term liability of those businesses and ways to help those businesses have a viable long term business in the new downtown area. Curt Lueck, Curtis, Lueck and Associates, addressed Council and stated they have been retained by the town to deal with various traffic, transportation and access issues over the last 15 years. They want to strive for a road network that serves the short and long term needs. They want to be able to ensure that the new residents in the area have good access to I- 10, as well as the businesses. They looked at three alternatives. They have rejected the cul-de-sac alternative as not being viable. Version B emphasizes the Tangerine Farms connection. The one- way concept emphasizes a one way pair of roads and then version C which emphasizes Marana Main Street. They used their travel demand model called QRS2. They used a level of service D as a performance standard. Level A is free flowing, no congestion. Level F is very forced flow. Level service D means we will tolerate a little bit of congestion during the peak periods, but the rest of the time traffic is flowing quite well. Currently, the roads within the study area are fairly uncongested and also in great need of repair. With the redevelopment of this area they expect to see most of the roads reconstructed. The amount of growth is dramatic almost five million square feet of retail uses, seven million square feet of non-retail uses and about 11,500 homes. They are assuming that build out occurs sometime around 2030. They are forecasting the traffic volume on Marana Road at 50,000 basically requiring about an eight lane roadway. Version C is the one they like the best which accommodates the major east/west traffic on Marana Road. It integrates Main Street. There would be a new connection of Sandario Road to Marana Road. This concept is shifting the primary movement as you come off the interchange from Sandario Road going south to an east/west alignment on Marana Road in response to the future traffic demand. They would need a six lane Marana Road. They are forecasting traffic volume at a little over 5,000 on Sandario. The current traffic volume is about 3,500. At the intersection of Sandario and Marana that would be a right in, right out access under this proposal. Version C fulfills three basic design goals that they have with this project. One is for Marana Road to be the primary east/west mover. The other is to have proper spacing for the first major intersection which would be Main Street at Marana Road. It emphasizes Main Street as a functional core for the developing downtown area. The off ramp and the frontage roads on the west side of the freeway will be combined so that confusing intersection will be alleviated. Mr. Popelka stated once we solve the issue of access and traffic then the question becomes what we can do to build the downtown and retain the businesses. He 10 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: September 18, 2007 suggested consideration of a downtown development district or corporation which would be a vehicle to plan, to design and implement improvements in this downtown district. It gives a means of accomplishing improvements for the good of the district. It could involve organization of the businesses and promotion of those businesses. There may be an SBA type program geared towards existing businesses to help them expand or retain, but also to accommodate new business as it comes in, maybe some form of financial incentives, or relocation. The idea of a roundabout is unique in this area and can be used to help establish this district. Kent Crotts, Napa Auto Parts, addressed Council and stated it is scary for them as business owners that their road could be shut down. He asked that it be put off for one or two meetings because they have asked for something specifically to be done and there was a misunderstanding on how that would be done. He stated if they could get to the access issue and fix that then the improvements could be made to help the business owners. He would like some more time to present their concerns to staff and have it worked out. Mike Pierce, Pierce Automotive, addressed Council and stated their situation is access number one. He stated he has a plan and it has never been studied. He stated they modified it and stated it doesn't work. He presented a copy of the plan and asked that it be studied and proven to him that it would not work. John Post stated he wasn't invited to any of the meetings. He stated he bought a piece of property on Sandario to grow his business. He stated he wasn't disappointed with the route that the road was going to take until he saw the presentation by Mr. Lueck. He stated that Sandario Road should be one of the areas that receives some of the benefit from the growth of the community. He stated he would like to see a version that increases the number of cars per day. Ed Stolmaker addressed Council and stated he's attended most of the meetings. He believes that it is important to take the time to find out if Mr. Pierce's plan will work or not. He believes once that's accomplished, the plan would have the support of the business community that's on Sandario Road. David Morales addressed Council and talked about the 1960 Urban Renewal plan for the City of Tucson. He stated it is a good idea to postpone the item. Council Member McGorray asked on the map about the yellow dotted line and that they are not defined at this time. Mr. Davidson stated the yellow dotted line extending north on Sandario to the Marana road connection represents that we have to have a continuous connection there. In this version they may have the opportunity of a left in situation if you're heading westbound. They are going to have engineering look at that to see if that's feasible. They would have sufficient right of way. I I MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: September 18, 2007 Council Member McGorray asked in their approval process it is not approving an exact place that road will be going continuing from Sandario Road to Marana Road. Mr. Reuwsaat stated the intent of that is for a connection -- maybe not specifically defined. He thinks the request and discussion about the left turn in will help define where that goes because of the traffic requirements. Mr. Davidson stated it could not be a signalized intersection due to its proximity to the on and off ramp at the Marana interchange. ADOT requires at least a quarter of a mile and preferably a half of a mile. Council Member McGorray asked if there were assurances that we'll be able to come to agreement on this northern most end of Sandario Road if the plan was approved. Mr. Davidson stated if it was able to be engineered that way so that it is safe and doesn't present any traffic hazards to motorists. He stated if they move away from the entire Marana Road alignment there will be some other issues for council consideration. He stated that if you can't have a left turn lane then it's going to be a right in/right out at that road. There's nothing else they can do with Sandario Road at that particular point. Council Member Clanagan asked staff what their response would be to tabling the item to work out soine of the issues. Mr. Davidson stated based on all of the analysis of how the community is growing and shaping towards the west it was determined a long time ago that Marana Road would be the primary road to tie into the interchange. They have tried to come up witli an a] i gnment for the Main Street which had not yet been completed yet to tie into Marana Road to make it a functioning thriving downtown. They have explored the opportunity for U-turn points along Marana Road and come back into the Sandario Road alignment. He stated he doesn't know what a delay would be able to produce. Mr. Reuwsaat stated we have established that is a right in/right out and the request is let's study Mike's plan the way he wants to see it done versus what's been presented and worked through for a long time. He would suggest that we look at the alignment and do what we can do to put it in, but understand whatever the decision ends up you're going to still end up with this alignment here so the decision point doesn't change a whole lot. It's whether you accept version C as it is, right in/right out, and with the emphasis that if at all possible through engineering and through design we're able to put the left in that should be incorporated within version C and that would be the recommendation. Mayor Honea stated he had asked about a u-turn before you get to Marana Main Street about halfway down that corridor and Fernando Prol was trying to do the 12 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: September 18, 2007 measurements. He stated we could have a u-tum about halfway between the I- 10 interchange and the Marana Main Street and if the town paid for signage with the names of the businesses in the Sandario district, an individual would only go about 500 feet past the intersection that's there now and would be able to make a U-turn with signage on Marana Road and come back and make a right into Sandario. Vice Mayor Kai asked if it was possible to do some traffic counts if we do this U-turn. Mr. Pierce asked if it's a safety issue isn't a lot easier to cross a four lane road with 25,000 than an eight lane road with 50,000 cars. He stated they were presented with a drawing dated 9-13 which is a different drawing that they were emailed today at one o'clock. He stated it's not the same plan they had on 9-13. He stated with the yellow dotted line it looks like it goes right through the Circle K which means you've got a business to move. He asked Circle K why they haven't been at any of the meetings and they stated because they've never been notified. He stated he has offered his time to work on this, but every time it comes back different. Mr. Post stated that if a left turn lane could be put in for five, ten years and as the traffic flows increased take it out. Mr. Davidson stated to resolve this if we could keep the businesses whole by allowing that left turn up until the point we have a traffic requirement to modify it, he stated we should go ahead and do that. Mr. Post stated these businesses deserve the revitalization of that street first. Council Member McGorray stated that has been the dream to revitalize, to get the sidewalks in, to get the streets in, and what's going to be important is that they stay involved and participate and help bring about the changes they want. Mr. Davidson stated all the numbers they have are for full build out so why not try to work with it and modify that. Council Member Ziegler stated that we are just going to put a band-aid on it to get through the next five or six years and then in five or six years we'll have to look at it again. Mr. Reuwsaat stated he would not call it a band-aid, but rather a temporary solution until the warrants say you got to change. He stated ADOT will have some input on where it can be and whether it can or can't be. Greg Gentsch, ADOT stated if we have about 500 feet from that intersection to where the yellow line turns in, they could probably live for a fairly long interim period with a turn coming off Marana Road to turn southbound onto Sandario. He 13 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: September 18, 2007 stated that it concerns him to allow a left turn off of Sandario to go west on to Marana because now you're turning across all of the lanes of traffic and that is more of a concern for them. Jack Neubeck addressed Council and stated regardless of what their decision is he would hope they would take the time and do an economic analysis, get behind the downtown development corporation so that there are funds to relocate them. He stated why not incorporate improvements on Sandario Road now. He stated let's make these people as whole as possible now. Upon motion by Mayor Honea, seconded by Council Member Clanagan, Resolution No. 2007-163 with the stipulation that there be a left turn in off of Marana Road onto Sandario as long as can be warranted was approved 6-1 with Council Member Ziegler opposing. 8. Resolution No. 2007-164: Relating to Streets;-approving and authorizing a proposed alignment for the future Tangerine Road Interchange (Gilbert Davidson) Vice Mayor Kai declared a conflict of interest. Barbara Johnson addressed Council mid stated the intent was to open up that area so the maximum number of people could benefit 111 terms of the commercial property in that area. There is an archeological issue. John Kai addressed Council and stated they agreed that the future parkway on the east side of the railroad is very important to get more of the business traffic. He stated he could probably work with the Marana two. Terry Klipp, President of Terramar Properties, representing the owners of the 16 acres below the existing Tangerine Road as it turns north and comes across the railroad tracks at a right angle, stated they oppose the closing of the existing Tangerine Road interchange, but are resigned to the fact that is likely going to happen. He stated the preferred version has some problems in that there are two roads that are basically parallel and maybe causing some difficulties for some of the larger corninercial development that could have occurred. He thinks the east side needs a lot of work. It makes sense to move the interchange to the north. He stated there is an existing northbound off ramp and an existing southbound on ramp that possibly could be left open and close the northbound on ramp and the southbound off ramp and it would help the east side property owners get traffic to their property than with the new alignment. Matt Dickey, Bourrie Partners, stated they own the 167 acres labeled as Bourne Properties. They are in support of Marana two from a concept and general layout level. The distance between the two roads is pretty tight. Some land planning needs to be done and hopefully space those roads apart. They are not in support of the fall back option. Both of the options move the interchange about 2600 feet 14 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: September 18, 2007 north. Marana two mitigates some of that movement north by bringing the intersection back to the south and to the east maintaining the commercial hub closer to where it would have been in the existing location. Marc Palkowitz addressed Council and stated he is the owner of the 350 acres that lies adjacent to the interstate north of the existing Tangerine Road alignment. From an acreage standpoint, other than Westcor, they are the most affected property owner with the movement of the interchange and relocation. He supports the relocation to the position of 2,575 feet north of its existing location. As they develop their commercial uses, if traffic warrants a stop light closer to the interstate that they be able to do so otherwise they won't be able to develop the commercial base of business that the area is capable of nor to justify the expenditure for costs incurred to build. Mitch Stallard, Westcor, they support the version in front of Council. He stated what emerged was what was best for the future road network for the whole area not for individual property owners. He stated there was a better option for every property owner, but they have come together. It addresses some significant issues that potentially could create problems. They think it fairly addresses the interests of the property owners and takes into consideration ADOT's concerns. David Mehl addressed Council and stated this is an excellent solution for Marana. He thinks it really benefits everybody to some extent. He supports this option. Greg Gentsch, ADOT, stated that he is tasked with keeping the interchanges spaced evenly and the traffic flowing on the interchange. He stated they support it. Mr. Reuwsaat stated this is a regional corridor which will eventually bring all the Avra Valley traffic up through, as well as the Oro Valley traffic. Upon motion by Council Member McGorray, seconded by Council Member Escobedo, Resolution No. 2007-164 with town staff having the authority to further modify how option two ties into the major routes plan to address develop or concerns was unanimously approved. 9. Resolution No. 2007-162: Relating to Employment; approving and authorizing the Mayor to execute a new employment agreement with Town Manager Michael A. Reuwsaat (Frank Cassidy) K. BOARDS, COMMISSIONS AND COMMITTEES L. ITEMS FOR DISCUSSION/POSSIBLE ACTION 15 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: September 18, 2007 M. EXECUTIVE SESSIONS Upon motion by Council Member Escobedo, seconded by Council Member McGorray, Council voted to convene to Executive Session. Executiw sessionpursuant to A.R.S. 5 38-43LO3(A)(1) to discuss the proposed employment agreement seith Tovem Manager Micbael A.Reum aat (amended agenda item J.7 on tonigbt's agenda) Upon motion by Mayor Honea, seconded by Council Member Comerford to extend Mr. Reuwsaat's employment agreement to June 30, 2009 so that agreement would include a six month's severance pay, but will not include six month's pay for health and life insurance and increase salary to $160,000 effective when the ASRS buy in is done approved 6-1 with Council Member Ziegler apposing. Mr. Cassidy stated the contract is not until June 3 01h the severance provision is only until June 3 01h . There is no end term on the contract. The severance provision ends by law when the new council sits. Mr. Cassidy asked how we come up with the performance measures. Mayor Honea stated that could be a separate issue. He stated Council Member Clanagan wanted that included so that next year when we do the evaluation they will have some perimeters and guidelines with which to make a j ud&pnent on performance. Executive Session pursuant to A.R.S. §38-431.03(A)(3),(4),(6) and (7) for legal advice with the Town Attorney concerning water rights and water service issues and to consult with and instruct the Town Attorney and the Town Manager concerning the 1979 intergovernmental agreement between the Town of Marana and Pima County relating to sewer service within the Marana town limits and to direct the Town Manager and Town Attorney with respect to that agreement (Frank Cassidy) N. FUTURE AGENDA ITEMS 0. ADJOURNMENT Upon motion by Council Member McGorray, seconded by Council Member Clanagan, 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 September 18, 2007. 1 further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk 16 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: September 18,2007 17 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: October 2, 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 Mayor Herb Kai Vice Mayor Russell Clanagan Council Member Patti Comerford Council Member Tim Escobedo Council Member Carol McGorray Council Member Roxanne Ziegler Council Member STAFF Mike Reuwsaat Town Manager Gilbert Davidson Deputy Town Manager Frank Cassidy Town Attorney Jocelyn Bronson Town Clerk Present Present Present Present Present Present Excused Present Present Present Present B. PLEDGE OF ALLEGIANCE AND INVOCATION/MOMENT OF SILENCE Led by Mayor Honea. Mayor Honea asked that everyone remember the family of David Wong, a long time Marana resident, who passed away this weekend. C. APPROVAL OF AGENDA Upon motion by Council Member McGorray, seconded by Council Member Escobedo, the agenda was unanimously approved removing item 1-3. D. CALL TO THE PUBLIC David Morales addressed Council, read a definition and talked about ethics. Mayor Honea stated last meeting there were several members from CREW (Citizens Resource and Education Workshop) present. Mayor Honea stated he has known David Wong all his life. He was one year younger than himself and Vice Mayor Kai in high school. He stated it was very sad seeing him pass so young and that his family would appreciate hearing from everyone. Vice Mayor Kai stated services are being held for David Wong this Saturday at the Baptist church on Sandario Road at 4:00 p.m. with an informal get together after at the White Stallion Ranch. I MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: October 2, 2007 E. PRESENTATIONS 1. Presentation: Relating to the Police Department; Presentation on status of Wide Area Network User Agreement (Paul Asheraft) Chief Vidaurri addressed Council and stated he is present along with Lt. Ashcraft who is the Technical Services Division Commander to provide a brief overview on the status of our computer aided dispatch and records management system known as CAD and RMS. They are looking at replacing the CAD and RMS system which is now approximately six years old. They are looking at integrating with the Pima County Spillman project. Their ability to have this already in place will help save time and effort. Lieutenant Ashcraft addressed Council and went over the user agreement with the Pima County Sheriffs Department. He stated there are 44 agencies in Arizona that currently use it. Ten of the counties use it. It is a proven system. We'll be the seventh agency that's piggybacking off the County system. 2. Presentation: GIS Web Portal and Virtual Tour of "Marana Main Street" - 1954 (Joe Lettrick) Mr. Lettrick addressed Council and stated their GIS Web Portal is a web based GIS mapping system that has been available on the town's internal network for the last three months. During this period of time they have been testing and preparing it to develop other mapping sites which are land based, imagery based, water based, police site, sign site and a few others. The intent is to provide the GIS information in a very easy and quick fashion to town staff and ultimately provide GIS information to the public. The web site can be accessed internally by typing MARgis.com, and frorn the town's website there will be links under 'e- gov' and a few other linked areas to get to online mapping. He went over the various features and options. Chris Mack presented a virtual tour of Marana Main Street. The area is the triangle bounded by 1-10 and Grier Road and Sandario Road to the west. He stated when you look at the 1954 imagery you can see the cotton gin facility and the mercantile. Using a GIS tool he swiped the current image over the historical image and how 1- 10 changed the area. Another way to view the imagery is using special software that can essentially do a flyover. This imagery they obtained from the National Archive in Washington, D.C. Mr. Davidson recognized Mr. Lettrick and Mr. Mack for their work on the presentations and that the information will be very valuable as we put things into our heritage park and give images to investors who are looking to come in and build the downtown. 3. Presentation: MUSD Readiness and Emergency Management Systems (REMS) grant (Gilbert Davidson) 2 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: October 2, 2007 David Liss, MUSD Department of Safety and Security, addressed Council and stated recent events that have occurred in and around our nation's schools have made it clear that in addition to preparing for whatme have known as typical school emergencies, schools now face additional challenges. These new realities reiterated the importance of comprehensive practiced and accessible emergency management plans that are developed in coordination with local government, community based first responders and health and mental health agencies. Responding to the emphasis on safety in the district strategic plan the MUSD submitted a grant to the US Department of Education Office of Safe and Drug Free Schools. The grant proposed activities to help our schools improve their capacity to plan for and respond to emergency situations. This grant is titled Readiness and Emergency Management for Schools. He reported they were awarded this grant. The federal government requires that a grantee enter into a partnership with their community in order to fulfill the grant's requirement. The Marana Town Council, in entering this partnership, would agree to assist the Marana School District in sustaining and improving its school emergency management plan. There are four goals; mitigation and prevention in which they would coordinate local and community government emergency response and crisis management plans with school plans, preparedness; they would invite school and community involvement in the emergency response and crisis management practice or mock dn'lls. In response they would support each other in the implementation of building and district crisis response plans and in recovery the town would work with schools to prosecute those who have committed crimes and coordinate news releases that have to do with schools. ANNOUNCEMENTS/UPDATES - Award to Charlie Mangum (Mayor Honea) Mayor Honea read an accreditation for Mr. Mangum. PROCLAMATIONS - Veteran's Hall of Fame (Jocelyn Bronson) Ms. Bronson read a proclamation regarding the Veteran's Hall of Fame. F. MAYOR AND COUNCIL RIEPORTS: SUMMARY OF CURRENT EVENTS Council Member Clanagan stated he attended the TREO luncheon. Council Member McGorray stated she also attended the TREO luncheon. She stated she was at the Women's Conference. Council Member Escobedo stated the Miracles Inc. Christmas party will be December 22 d at Ora Mae Ham Park. Their youth partner, Super Series Baseball of Arizona, will be holding a tournament on December 8 1h and 91h at the Sports Park where every participant is required to bring a toy valued at ten dollars and the team that brings in the most toys wins a prize for their team. Miracles Inc. will begin its giveaway event on October 81h and the winners will be announced December 14 th . He stated as the foundation member for the Marana Health Center he participated in their retreat. Build a Purpose has had a plane donated for the youth to work 3 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: October 2, 2007 on. They will be having a ribbon cutting ceremony. Build a Purpose has begun a program called Young T.V. where the youth direct, film and market a television program which airs on Fox I I Saturday mornings at 11:30. Council Member Comerford stated she has been involved at Marana High and they are looking at having their first after graduation party. Vice Mayor Kai stated he will be attending a Central Arizona Water Conservation District meeting this Thursday on water issues. One of the important things is the Yuma desalting plant that is coming on line to satisfy our U.S. treaty to deliver water to Mexico. Mayor Honea stated he attended the TREO event and the speaker was Dr. Richard Florida. He stated he and Mr. Reuwsaat went to the Phoenix Conveiition Center last week. Gary Hayes, the Executive Director of the PAG/RTA, received a statewide award from the Arizona Capitol Times as the transportation manager of the year. He stated tomorrow at the PAG offices, along with about 12 other mayors, they will be having a meeting with the governor. The governor will be talking about statewide transportation issues primarily. They are looking at some kind of state transportation funding mechanism. G. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Mr. Reuwsaat stated Congressman Gifford's staff will be setting up monthly office hours here at the Marana Municipal Complex. The first date will be October I 91h from 3:30-4:30. He stated water issues are taking up about 90 percent of their time right now. H. STAFF REPORTS Mr. Davidson stated that staff will be organizing a public forum to specifically address the flood plain issues. GENERAL ORDER OF BUSINESS 1. CONSENT AGENDA 1. Resolution No. 2007-165: Relating to Streets; approving release of performance bonds for The Villages IV at Dove Mountain and acceptance of public improvements for maintenance (Keith Brann) 2. Resolution No. 2007-166: Relating to Development; approving and I authorizing a final plat for Oasis Hills 11 (Kevin Kish) 3. Resolution No. 2007-168: Relating to the Police Department; approving and authoring amendments to the existing intergovernmental agreement with the Arizona Department of Public Safety for the Arizona vehicle theft task force (Richard Vidaurri) 4 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: October 2, 2007 4. Resolution No. 2007-169: Relating to Real Estate; approving and authorizing the Director of Public Works to execute certain electric easements in Saguaro Springs Block 1, Lot A, that the developer inadvertently failed to convey by plat (Frank Cassidy) Upon motion by Council Member McGorray, seconded by Council Member Clanagan the Consent Agenda was unanimously approved minus item three. J. COUNCIL ACTION 1. Relatine to Personnel: authorizing staff to hire an executive assistant at the Marana Regional Airport (Charlie Mangum) Mr. Mangum addressed Council and stated the Marana Regional Airport is requesting a mid-year allocation to fund an airport executive assistant. The cost of this position will be offset by the additional revenue collected with the aircraft open tie downs and other airport fees. The revenue increase will be a result of cancelling an agreement they had with Pima Aviation for the open tie down management contract and taking over those responsibilities. It will give the town more control over the airport and the open tie downs. It is estimated the position will collect more than $45,000 per year in airport revenue and the revenue collected should increase as the airport continues to grow. The cost of the position will also be offset by reimbursement time spent on grant projects so the annual revenue collected by this position will exceed the annual personnel cost by more than $11,400. Mr. Reuwsaat stated that if everything goes well after five years they are looking at a December date for the auction of the 90 acres on the southeast side of the airport. That would mean a whole different way of doing business for the airport manager. Mr. Reuwsaat stated he has asked for the airport director to prepare a business plan on the new airport terminal so we know what the goals and expectations are when the facility opens. Vice Mayor Kai asked if holding up registration could be done to make sure the tie down fees are paid. Mr. Mangum stated they take their number down, send them a bill and we can actually put a lien against their particular aircraft if it has exceeded a certain amount of days they have not paid. Council Member Clanagan stated that given we have just gone through a budget process and that we are anticipating things happening on the sale of that land. He thinks this is a premature request. He stated he does not support any out of budget year request. He stated it minimizes the effectiveness of the budgeting process. Mr. Mangum stated they have looked at this position in the past and one of their major constraints with it is they have not had the physical space available. In July there was an office that was consolidated. They were able to take over the office 5 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: October 2, 2007 with some grant money they have and that has enabled them to have the physical space. The person will also be working on a lot of the grants and taking over some responsibilities that we are currently paying a consultant to do. Upon motion by Council Member McGorray, seconded by Council Member Comerford authorizing staff to hire an executive assistant at the Marana Regional Airport was approved 5-1 with Council Member Clanagan apposing. 2. Resolution No. 2007-170: Relating to Development; approving and authorizing a preliminary plat for Las Mananitas (Kevin Kish) Mr. Kish addressed Council and stated the applicant requests a preliminary plat approval for the subject property. Council Member Comerford stated regarding private streets that the Town would not be responsible for upkeep and maintenance of these streets. Mr. Kish stated it is not the intent. These were private streets being proposed. They also had a design exception to it so they would not meet the town's public street standards and prior to the town making a recommendation for acceptance he would suspect that engineering would require that they be built to town's standards prior to that. Mr. Reuwsaat stated if at sometime in the future that they would want those to become public streets that would have to come to Council for approval. Mr. Brann stated that also the streets would have to be accepted by the town which is a Council action. Council Member Comerford stated the streets are narrower than normal and asked about having fire truck access. Mr. Brann stated the streets are part of the design acceptance process and was accepted by Northwest Fire. Council Member Comerford stated that there is extra parking because there is no room for parking. Mr. Kish stated each lot has two outside spaces required. Mr. Kish stated that with most of the private street subdivisions that have the narrower streets, Northwest Fire has mandated that signage be posted and they would have authority to actually ticket people. Upon motion by Vice Mayor Kai, seconded by Council Member McGorray, Resolution No. 2007-170 was unanimously approved. 6 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: October 2, 2007 3. Resolution No. 2007-171: Relating to Development; approving and authorizing a preliminary plat for Gladden Farms Block 25 (Kevin Kish) Mr. Kish stated applicant requests preliminary plat approval for a 47 lot single family detached home subdivision on approximately 19.6 acres within the Gladden Farms development. The subdivision is located in Block 25 of the Gladden Farms block plat south of Tangerine Farms Road and east of Gladden Farms Regional Park. Zoning on Block 25 is R-8. The minimum lot size within this project is 8,8 10 sq. ft for lot 2 with an average lot size of over 11,000 sq. ft. The project will have two accesses off of Tangerine Farrns Road. Upon motion by Council Member Clanagan, seconded by Council Member Escobedo, Resolution No. 2007-171 was unanimously approved. 4. Resolution No. 2007-172: Relating to Development; approving and authorizing a development plan for Village Center at Cortaro Ranch (Kevin Kish) Mr. Kish stated the request is for a development plan approval for a commercial and office center on roughly 21.5 acres of land generally located on the northwest intersection of Cortaro Farms and Cerius Stravenue. The site will be accessed from Cortaro Farms Road and Cen*us Stravenue. The developer will be responsible to do some upgrades in the design and construction of the traffic signal at Cortaro Farms and Cenius Stravenue. The widening of Cerius Stravenue for an additional travel lane for a right turn lane out of the development and with that additional night of way dedicated to the northwestern portion of the development to a] low access to the residential properties on the north side. This would be the connection through the proposed DeAnza project over to the Joplin Lane properties to provide them with a legal access through this village center project, as well as the DeAnza project. There are four proposed buildings within this project. A combined building area of over 117,000 sq. ft. on the first floor and 28,900 sq. ft. on the second floor. The project was submitted before the Town Council adopted the commercial design guidelines, but reviewing the project and working with the developer/applicants they found it meets and exceeds the adopted commercial design standards. The design of the project provides the courtyards, building materials, textures, numerous architectural embellishments along with extensive landscaping to create a nice atmosphere and matches up with our design standards. When it was rezoned in 1995 the ordinance required that the development plan be approved by the Planning Commission and the Town Council. Council Member Comerford stated her concern was with a signal on Cerius Stravenue that a timely construction schedule be adhered to. Mr. Kish stated that with the Cortaro Road project the conduits were put in for this future signal so in terms of what needs to be done it is going to be minimal. 7 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: October 2, 2007 Vice Mayor Kai asked about the retention basin and whether it is adequate for a project this size. Mr. Kish stated based on the submitted hydrology report reviewed by both consulting engineers, as well as town staff they found it adequate in terms of the size and depth of the basin to handle the required amounts. Vice Mayor Kai asked if there will be any pass through water or is it mostly site generated water. Clint Glass, CMG drainage engineering and they designed the onsite drainage plan for the project. The size of the basin is actually greater than what is needed for the commercial development, but there is some water coming in from Cortaro Ranch subdivision that is utilizing that basin as well, and there will be a minor amount of pass through, but the out flow is less that what the current out flow is today because there will be some enlargement of the basin. Mayor Honea stated on Joplin Lane he noticed that the right of way was 46 feet and asked if that was adequate. Mr. Braun stated that access for Joplin Lane is not meant to be a commercially traveled road. It is just to provide a public access for the Joplin Lane residents to get them down to Cortaro in a legal fashion. 46 feet of right of way corresponds to the town's local street section so it is essentially plenty of right of way for a two lane road. Tlils project will be improving the roadway to their bounds. They are also working with the upcoming DeAnza project, which is also dedicating a portion of right of way. They also want to utilize this area as an emergency access to their development. There would then be a small segment to bridge the gap. That would be a town improvement. Upon motion by Council Member McGorray, seconded by Council Member Escobedo, Resolution No. 2007-172 was unanimously approved. 5. PUBLIC HEARING. Ordinance No. 2007.24: Relating to Development; approving and authorizing an amendment to the Tangerine/Thornydale Specific Plan (Kevin Kish) Mr. Kish stated that Tangerine Specific Plan was adopted by Town Council on July 5, 2006 by Ordinance 2006.20. This proposed amendment is being presented with a unanimous recommendation of approval from the Planning Commission. The request is an amendment to the Tangerine/Thomydale Specific Plan, which is a site located at the northwest comer of Thomydale and Tangerine Roads. The proposed amendment will modify portions of the existing specific plan to allow the applicant the ability to process and obtain any needed federal permits with regard to wash disturbance. The amendment will also allow additional disturbance 8 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: October 2, 2007 for a quasi public entity, Northwest Fire Station, police substation, and minor amendments to the commercial project access and layout, the development regulations and clerical changes clarifying some of the uses. The plan references two minor drainage ways located in the southeastern portion of the commercial project area that have been determined by the Corp of Engineers to be jurisdictional washes. Constraints at the site necessitate a bisected configuration of the commercial buildings. It would straddle those two washes and leave them in their natural way based on the existing proposed plan. Due to limited extents of these two drainage ways, approximately .09 acres, the project is eligible for a nationwide permit and Westland Resources, consultants to the applicant, is proceeding with obtaining the Section 404 permit through the Army Corp of Engineers for the commercial development. It is anticipated that the project will be permitted under the nationwide permit 39. Assuming a permit is approved the amendment will allow the commercial site to be reconfigured to impact the .09 acres of the minor drainage ways. Staff has determined that due to their limited extents the two washes are not significant or unique and should be extended the same rights of other comparable sized commercial projects in the town. The Northwest Fire District has indicated an interest in sighting a fire station within this area. The specific plan will limit the additional amount of disturbance to 3.5 acres for such a use. The 3.5 acres would be an addition to the 40 percent disturbance allowed for the private development. The number of commercial uses that the developer proposes to have on site are not specifically listed within the pen-nitted uses of the specific plan. To provide clarification they have worked with the developer to amend the plan to list the uses to the ones they felt were appropriate for the site given the location. Change in development standards includes an increase in the allowable maximum building area height for the commercial buildings from 40 to 50 feet. This is to allow for an architectural embellishment for the center. Other modifications included location and screening requirements for the trash enclosures. Council Member McGorray asked when Northwest Fire anticipated building the station. Mr. Kish stated in discussions with Northwest Fire they are pursuing design right now. They are able to do this under the existing bond package and they are looking at moving forward as soon as possible. Upon motion by Council Member Escobedo, seconded by Council Member McGorray, Ordinance No. 2007.24 unanimously approved with the recommended conditions. 6. PUBLIC HEARING. Ordinance No. 2007.25: Relating to Development; approving and authorizing a rezoning for the Uptown at Marana Specific Plan (Kevin Kish) 9 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: October 2, 2007 Paul Popelka addressed Council and stated the project is about 205 acres. It's commercial and residential. It's located north of Marana Road from 1-10 west of Sanders Road. It has a mix of regional commercial on the eastern portion of the site about 70 acres, about 7 acres of neighborhood commercial north of and parallel to Marana Road, mixed use area residential and commercial on the southwest comer of the site with a maximum of 50 percent residential. The northwest area of the site is a combination of medium high residential which is attached single family and multi family and the remainder would be 35 acres of low to medium residential which would include attached and detached single family units. The lot size in the medium to high is about 1625 sq. ft. per unit. The size in the single family detached is 2200 sq. ft. The project is designed to be a walk able fairly complete project that combines a wide range of uses. The planning commission recommended approval in July. Mr. Cassidy stated they have gone through the ordinance and made some clean up revisions. He referred to condition two and seven in the development agreement where change was made clarifying language. The pedestrian underpass was revised so they would be required to dedicate up to 1000 sq. ft. of right of way for a Marana Road pedestrian connection. They also have to contribute $300,000 for the pedestrian connection improvements or downtown beautification payable upon issuance of the first grading or building pen-nit on the property. Condition eight was amended. It now reads that the developer shall participate in the design and construction of circulation improvements to Marana Road, Marana Main Street and Sandario Road. If the initial four lane improvements to Marana Road are not constructed in connection with the development of the Sanders Road project the developer shall be responsible for that construction in lieu of any obligation to participate in the design and construction of Marana Main Street or Sandario Road. The cost of which shall be credited against transportation impact fees payable for development within the property. The specific obligations for the participation in this construction will be carried out through a later development agreement and probably a community facilities district agreement. Paragraph ten was changed to the entity responsible for waste water management. The requirement to transfer the water rights depends on whether they have any water rights to transfer. They have added paragraph 18 in light of the FEMA letter. Mayor Honea asked if we knew what the cost to construct the four lane improvement would be. Mr. Kish stated for four lanes approximately $1.9 million per mile per lane for a four lane road. The town is concerned about a regional connectivity issue for the new downtown. While a traffic study may base it on what's directly related to their project, staffs concern has been based on an overall view of how the downtown is going to function. Mayor Honea asked what the distance from Marana Road to Sandario on the proposed Marana Main Street alignment was and what the cost would be for three lanes. 10 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: October 2, 2007 Mr. Braun stated a little over a quarter of a mile at approximately $1.8 million. Mr. Cassidy stated that if Sanders Grove actually builds the four lane Marana Road that the traffic impact analysis for this project may require two additional lanes for the frontage so that would have to be factored in. Jordan Rose, Cardin Companies and J.F. Properties, addressed Council and stated they agree with the staff stipulations. She stated they have not talked specifically about what their obligation with regards to Marana Main Street was. They are committing $300,000 for the town to utilize in beautification efforts to downtown or for a under or overpass. The have previously committed to a kiosk to promote downtown. They are committed to downtown and making it successful. Stipulation number eight was reworded. They have started the discussion regarding a development agreement. They are aware they are committed to design and construct Marana Main Street and they will resolve the detailed issues with staff. They need to understand what the obligations are. She stated they have been sent a Prop. 207 waiver. On Marana Road they are obligated to build out two lanes. She stated the specific questions need to be addressed in the development agreement. Mayor Honea stated that he does not want to see 2200 sq. ft. lots with two-story houses which are not attractive and not what we want to see in the downtown area and hopes that issue could be addressed. He stated they have never allowed the densities requested. He stated he appreciates the pedestrian underpass and thinks it will be a benefit to everyone. Upon motion by Council Member Escobedo, seconded by Council Member McGorray, Ordinance No. 2007-25 was unanimously approved to be continued to October 16. 7. PUBLIC HEARING. Ordinance No. 2007.26: Relating to Development; approving and authorizing a rezoning and a minor General Plan amendment for La Vista Bonita (Kevin Kish) Mr. Kish addressed Council and stated they received a request from the applicant for continuance of this item until the November 201h Council Meeting to allow additional time to work with the surrounding property owners. Roger Whitney addressed Council and stated his property borders the south of the proposed development and they are apposed to the zoning of R-36. He stated their initial position was eight homes in 24 acres which is approximately 3.3 acres per home. Upon motion by Council Member Comerford, seconded by Council Member McGorray, Ordinance No. 2007.26 was unanimously approved to be continued to the November 201h Council meeting. I I MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: October 2, 2007 8. PUBLIC HEARING. Ordinance No. 2007.27: Relating to Development; approving and authorizing a rezoningfor the for DeAnza Specific Plan (Kevin Kish) Vice Mayor Kai declared a conflict of interest. Mr. Kish stated public hearing was held during the August 291h planning commission meeting and the planning commission voted unanimously to recommend approval to town council. The applicant provided the town council with the overview presentation on September IS"'. Red Point Development, on behalf of the property owners, requests approval of a change in zoning on approximately 133 acres of land located a quarter mile north of Cortaro Farms Road on the west side of Hartman Lane. The applicant proposes rezoning from the C large lot zone to F zone which is our specific plan designation. This would allow for residential development of two separate districts. The DeAnza estate, which proposes 14 single family residential lots with a minimum lot area of 36,000 sq. ft. and the second DeAnza area is the smaller lot subdivision encompassing approximately 93 acres of land with a minimum lot size of 4500 sq. ft. and an average of 8,000 sq. ft. The tentative development plan proposes two points of access by way of Hartman Lane and one point of access for the DeAnza Estates by way of Hartman Lane. Emergency access with be provided by way of the dedicated road on the west side of DeAnza. The smaller lot is proposed to be mass graded including the drainage structure, building pads, recreation, utilities, and roadways, The Estates area is proposed to be a large lot with gradable envelopes incorporated into it. The project proposes to set aside approximately 31 percent natural and undisturbed open space. The majority of this area is located along the Hardy wash. The proposed active and passive recreation areas include a total of 11.6 acres that will function as a combination of drainage and improved onsite recreation facility or stand alone recreation facilities. The subdivision is proposed to use the concept of coving. The specific plan's architectural design component provides the standards to ensure variation of the home styles and distinct street appeal. It meets our adopted residential design standards. The restriction of two story models does differ from the town's residential design standards of 50 percent and proposes a 75 percent limitation. The applicant is looking at the sensitivity and proposed two story restrictions for all the lots abutting residential lots within the existing Cortaro Ranch development and for all the lots in DeAnza Estates proposed to be single story. They have added condition number 20 that the applicant shall provide a public equestrian easement through the Hardy wash as accepted by the planning director and town engineer. The sewer service agreement and master sewer plan must be submitted to the entity responsible for waste water management and the town engineer prior to approval of the final plat. Carolyn Campbell, representing the Coalition for Sonoran Desert Protection, expressed that the Coalition is very disappointed that it may go forward and that it has gone this far in the process. She stated none of the concerns brought forward 12 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: October 2, 2007 by the Coalition were dealt with and none of the concerns in two detailed letters from Pima County dealing with ecological significance were headed. She stated the town has policies for preservation in this area and these have not been followed. The staff's recommendation for open space was met not even halfway. There are town ordinance requirements that are not being complied with. U.S. Fish and Wildlife Service gave the developer recommendations and targets for open space that were not followed. There were changed on the eastern edge on the Hardy wash in the estate lots and they are pleased with that. However, when that preservation of the Hardy wash goes towards the west it is met with either a highly developed area which includes a channelization or the Hardy wash is followed into property that the developer has no control over. She stated she has been working at the request of the town manager oii a Habitat Conversation Plan policies and programs. She stated if the Coalition does continue their involvement with the Habitat Conversation Plan she would like to go over the concerns. She stated they would request that this be denied. She suggested alternatives of preserving the Hardy wash and setting aside 70 percent and without that do some sort of off site mitigation. Upon motion by Council Member Comerford, seconded by Council Member Clanagan, Ordinance No. 2007-27 was approved 5-0 with the 20 recommended conditions. K. BOARDS, COMMISSIONS AND COMMITTEES L. ITEMS FOR DISCUSS ION/POSSIBLE ACTION M. EXECUTIVE SESSIONS Upon motion by Council Member Escobedo, seconded by Council Member McGorray, Council voted unanimously to convene to Executive Session. Executive Session pursuant to A.R.S. §38-431.03(A)(3),(4),(6) and (7) for legal advice with the Town Attorney concerning water rights and water service issues and to consult with and instruct the Town Attorney and the Town Manager concerning the 1979 intergovernmental agreement between the Town of Marana and Pima County relating to sewer service within the Marana town limits and to direct the Town Manager and Town Attorney with respect to that agreement (Frank Cassidy) Executive session pursuant to A.R.S. § 38-431.03(A)(4) to consult with the Town's attorneys concerning potential litigation with the City of Tucson 13 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: October 2, 2007 (1) to address and seek reimbursement of water line relocation costs associated with the Town's Silverbell Road and Thornydale Road projects and (2) to seek declaratory and other appropriate relief with respect to water service and service area issues. Mr. Cassidy stated on the item regarding the intergovernmental agreement there was no action required. He stated the legal department requests authorization per the discussion in executive session with respect to the water line relocation cost issue with the City of Tucson. Upon motion by Council Member Comerford, seconded by Council Member Clanagan authorization as discussed in Executive Session was unanimously approved. N. FUTURE AGENDA ITEMS 0. ADJOURNMENT Upon motion by Council Member Escobedo, secoiided 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 October 2, 2007. 1 further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk 14 N ro) TOWN COUNCIL 7 MEETING TOWN OF MARANA 1147 INFORMATION 4jVj2UZAt, MEETING DATE: October 16,2007 AGENDAITEM: J. 1 TO: MAYOR AND COUNCIL FROM: Jane Fairall, Deputy Town Attorney SUBJECT: Resolution No. 2007-179: Relating to Parks and Recreation; ap- proving and authorizing the Mayor to execute a memorandum of understanding with the Western Heritage Committee relating to the use and maintenance of the Western Heritage Arena and adja- cent property; and declaring an emergency. DISCUSSION This item proposes to authorize the Mayor to execute a Memorandum of Understanding (MOU) with the Western Heritage Committee (WHC) for the use and maintenance of the Town's West- ern Heritage Arena as well as the property that the arena is located on. The Town has constructed and owns the Western Heritage Arena, which is located on property owned by the Marana Unified School District (MUSD). The property is described in Exhibit A attached to the MOU. Previously, the Town executed a shared use agreement with MUSD for the use of the land for events at the arena, as well as for parking during special events and other approved uses. The Town then allowed WHC to schedule and run community and youth-related events at the arena. The Town's agreement with MUSD terminated on June 30, 2007. WHC now intends to enter into its own agreement with MUSD for the rights to the use of the property. Once WHC pro- cures rights to the property from MUSD, WHC will allow the Town to continue to use the prop- erty for special event parking and other approved uses. The Town will specifically have priority use of the property for Founders Day, Independence Day and Holiday Tree Lighting events. The Town will continue to allow WHC to use the arena for rodeo and youth-related events, including events of the Marana Junior Rodeo Association (MJRA). The MOU provides that WHC will be responsible for maintenance, repair, staffing and all operating expenses of the arena. MJRA and other youth groups will have priority usage of the arena. In addition, the Town will have the right to reserve the arena up to 12 times per year for Town events. To ensure that youth groups have free access to the arena and in consideration for WHC's maintenance and repair of the arena, the Town will provide funding of $3,000 per month to WHC. Resolution No. 2007-179 authorizes the Mayor to execute the proposed Memorandum of Under- standing once the Western Heritage Committee procures rights to the use of the property from MUSD. (00006387.DOC /) 9/28/07 4:21 PM JF ATTACHMENTS Site map and Memorandum of Understanding. RECOMMENDATION Staff recommends the adoption of Resolution No. 2007-179, approving and authorizing the Mayor to execute the Memorandum of Understanding with the Western Heritage Committee once the Western Heritage Committee procures rights to the use of the property from MUSD. SUGGESTED MOTION I move to adopt Resolution No. 2007-179. (00006387.DOCI) -2- 9/28/07 4:21 PM JF MARANA RESOLUTION NO. 2007-179 RELATING TO PARKS AND RECREATION; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE WESTERN HERITAGE COMMITTEE RELATING TO THE USE AND MAINTENANCE OF THE WESTERN HERITAGE ARENA AND ADJACENT PROPERTY; AND DECLARING AN EMERGENCY. WHEREAS the Town of Marana is committed to preserving and celebrating its western heritage; and WHEREAS the Town has constructed and owns a rodeo arena known as the Western Heritage Arena which is located on property owned by the Marana Unified School District; and WHEREAS the Town desires that the Western Heritage Committee use and maintain the Western Heritage Arena for appropriate rodeo and youth-related community events that benefit the citizens of the Town; and WHEREAS the Town desires to use the property adjacent to the Western Heritage Arena for community and special events that benefit the citizens of the Town; and WHEREAS the Mayor and Council of the Town of Marana find that the best interests of the public are served by entering into the Memorandum of Understanding. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Memorandum of Understanding, and its Exhibit, between the Town of Marana and the Western Heritage Committee, attached to and incorporated by this reference in this resolution as Exhibit A, is hereby authorized and approved, and the Mayor is hereby authorized to execute it for and on behalf of the Town of Marana upon procurement by the Western Heritage Committee of rights to the use of the property from the Marana Unified School District. BE IT FURTHER RESOLVED THAT 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 declared to exist, and this resolution shall be effective immediately upon its passage and adoption. fOO006391.DOC /) JF 9/28/07 PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 16th day of October, 2007. ATTEST: Mayor Ed Honea APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney (00006391.DOC JF 9/28/07 2 EXHIBIT A MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made and entered into by and between the TowN OF MARANA, an Arizona municipal corporation (the "Town") and the WESTERN HERITAGE COMMITTEE, a private community-based group ("WHE"). The Town and WHC are sometimes referred to in this MOU as the "Parties." RECITALS A. The Town has constructed and owns a rodeo arena known as the Western Heritage Arena ("the Arena"). The Arena is located on certain property ("the Property") in the Town of Marana that is owned by the Marana Unified School District ("MUSD"). The Property is adjacent to and east of the MUSD maintenance facilities located at Barnett and Postvale Roads. The Property is more particularly defined in Exhibit A, attached hereto and incorporated herein by this reference. B. WHC desires to use and maintain the Arena for public, community events that benefit the citizens of the Town. C. The Town desires use of the Property during Town-sponsored community and special events that benefit the citizens of the Town. D. The Town finds that the benefit to the Town resulting from WHC's use and maintenance of the Arena and from the Town's use of the Property in accordance with the terms of this MOU have a value at least equal to the consideration provided by the Town to WHC under this MOU. AGREEMENT NOW, THEREFORE, in consideration of the foregoing promises and the mutual covenants set forth in this MOU, the Parties hereby agree as follows: I Property Usage. WHC shall procure rights to the use of the Property upon which the Arena is located through separate agreement with MUSD, the Property owner. The Town does not have the right to lease, sublet, assign, encumber or allow use of the Property to WHC or any other party. Upon procurement of the rights to the use of the Property, WHC shall allow the Town to use the Property for special event functions, as a parking facility, and for other uses approved by WHC, provided such uses comply with all statutes, codes, ordinances and conditions applicable to the ownership, operation and improvement of the Property. WHC specifically allows the Town to use the Property for the following special events: a Founders' Day event in March of each year, an Independence Day event in July of each year, and a Holiday Tree Lighting event in December of each year. If the Town desires use of the Property for other purposes and/or events, the Town Manager or designee may request permission for the desired use from (00005869.DOC16] the President of WHC or designee. WHC is under no obligation to consent to additional or alternative uses; however, consent shall not be unreasonably withheld. If the Parties have a conflict in desired uses that cannot be resolved through discussions, the Town has priority for use of the Property during the special events specifically listed in this paragraph. 2. Arena Usage. Subject to WHC's procurement of rights to the Property, as described in paragraph 1, the Town shall allow WHC to use the Arena for appropriate rodeo and youth-related events, including events of the Marana Junior Rodeo Association ("MJRA"). WHC shall give MJRA and other youth-related events scheduling priority over all other events. In addition, the Town shall have the option to reserve the Arena a maximum of 12 times per year for community events. If the Town desires to reserve the Arena, the Town Manager or designee shall make reservations with the President of WFIC or designee. The Town's events shall take scheduling priority over all other events at the Arena, except for MJRA and youth-related events. 3. Expenses. WHC shall be responsible for all operating expenses of the Arena including, but not limited to, the cost of all utilities, refuse removal, and service of portable restrooms. To ensure that youth-related groups, including the MJRA, have access to the Arena and to the events held at the Arena free of charge and in consideration for WHC's maintenance and repair of the Arena, the Town will provide funding in the amount of $3,000.00 per month to the WHC. 4. 501(c)(3) Status. WHC shall take all necessary and appropriate steps to acquire fori-nal 501 (c)(3) status as a non-profit corporation by March 1, 2008. 5. Inspection ofArena. The Town shall have the right at all reasonable times to inspect the Arena and to require WHC to correct any unsatisfactory conditions relative to the use and maintenance of the Arena in conformance with the provisions of this MOU. WFIC will be provided with written notice of any defects or unsatisfactory conditions by the Town and will be given a reasonable time within which to correct same. 6. Maintenance, Repair and Staffing. WHC shall provide labor and equipment to maintain the Arena and to staff events. WHC shall obtain permission from the Town's Parks and Recreation Department Director prior to making any modifications of the Arena. WHC may submit requests for any capital improvements to the Parks and Recreation Department Director. The Town is under no obligation to grant or fund any such requests. 7. Insurance. WFIC shall provide to the Town a Certificate(s) of Insurance naming the Town as an additional insured and providing coverage as follows: Commercial General Liability - $1,000,000 per occurrence; Aggregate - $2,000,000; Comprehensive Automobile Liability - $1,000,000 combined single limit, or $1,000,000 bodily injury and $1,000,000 property damage. The Certificate(s) shall contain provisions that coverage afforded under the policies shall not be canceled, terminated or reduced in limits until at least thirty calendar days prior written notice has been given to the Town. In addition, the Certificate(s) shall stipulate that the insurance afforded WHC shall be primary insurance and that any insurance carried by the Town, its agents, officials or employees shall be excess and not contributory insurance to that provided by WHC. (00005869.DOC / 6) -2- 8. Indemnification. WHC shall indemnify, defend and hold harmless the Town, its departments, officers, employees and agents from, for, and against any and all claims, suits, actions, legal proceedings, administrative proceedings, demands, losses or expenses, including reasonable attorney's fees, which are attributable to any intentional or negligent act or omission of WHC, its members, employees, agents, subcontractors, volunteers or anyone acting under WHC's direction, control or on its behalf or anyone employed by them. 9. Non-Assignment. WHC shall not have the right to assign this MOU or grant any license in connection with the Arena to any third party without prior consent and written approval of the Town. Upon any unapproved assignment or license by WHC, the Town has the right to terminate this MOU upon forty-five (45) days written notice to WHC. 10. Effective Date and Duration. This MOU shall be effective on the date it is signed by the Parties, and shall remain in effect for one year. The term may be extended by mutual written agreement of the Parties. 11. Termination. a. For Cause. Any party hereto may terminate this MOU for material breach of the MOU by another party. Prior to any termination under this section, the party allegedly in default shall be given written notice by the other party of the nature of the alleged default. The party said to be in default shall have forty-five (45) days to cure the default. If the default is not cured within that time, the other party may terminate this MOU. Any such termination shall not relieve either party from liabilities or costs already incurred under this MOU. b. Force Majeure. A party shall not be in default under this MOU if it does not fulfill any of its obligations under this MOU because it is prevented or delayed in doing so by reason on uncontrollable forces. The term "uncontrollable forces" shall mean, for the purposes of this MOU, any cause beyond the control of the party affected, including but not limited to failure of facilities, breakage or accident to machinery or transmission facilities, weather conditions, flood, earthquake, lightning, fire, epidemic, war, riot, civil disturbance, sabotage, strike, lockout, labor dispute, boycott, material or energy shortage, casualty loss, acts of God, or action or non-action by governmental bodies in approving or failing to act upon applications for approvals or permits which are not due to negligence or willful action of the parties, order of any government officer or court (excluding orders promulgated by the parties themselves), and declared local, state or national emergency, which, by exercise of due diligence and foresight, such party could not reasonably have been expected to avoid. Either party rendered unable to fulfill any obligations by reason of uncontrollable forces shall exercise due diligence to remove any such inability with all reasonable dispatch. 12. Relationship of Parties. It is not intended by this MOU to, and nothing contained in this MOU shall be construed to, create any partnership, joint venture or employment relationship between the parties or create any employer-employee relationship between any WHC employee/member and any Town employee. Neither party shall be liable for {00005869.DOC / 6) -3- any debts, accounts, obligations or other liabilities whatsoever of the other, including (without limitation) the other party's obligation to withhold Social Security and income taxes for any of its employees. 13. Notices. All notices, requests and other communications under this MOU shall be given in writing and either (i) personally served on the party to whom it is given, or (ii) mailed by registered or certified mail, postage prepaid, return receipt requested, or (iii) sent by private overnight courier such as Federal Express or Airborne, or (iv) transmitted by facsimile (provided that a confirming copy of the facsimile transmission is mailed on the date of such transmission), addressed as follows: If to the Town: Parks and Recreation Director Town of Marana 115 5 5 W. Civic Center Dr. Marana, AZ 85653 If to WHC: President Western Heritage Committee P.O. Box 610 Marana, AZ 85653 All notices shall be deemed given when delivered or transmitted by facsimile or, if mailed as provided above, on the second day after the day of mailing, and if sent by overnight courier, on the next day after the date of deposit with the courier. Any party may change its address for the receipt of notices at any time by giving written notice thereof to the other parties in accordance with the terms of this section. The inability to deliver notice because of a changed address of which no notice was given, or rejection or other refusal to accept any notice, shall be deemed to be the effective receipt of the notice as of the date of such inability to deliver or rejection or refusal to accept. 14. Miscellaneous. (A) This MOU contains all the terms and conditions of the agreement between the Parties and the MOU may not be modified except in a writing signed by both of the Parties. There are no other understandings, representations or agreements, written or oral, not incorporated herein. (B) Time is of the essence of this MOU. (C) This MOU shall be governed by and interpreted in accordance with the laws of the State of Arizona, and any lawsuit to enforce any provision of this MOU or to obtain any remedy with respect to this MOU shall be brought in the Pima County Superior Court, and for this purpose the Parties expressly and irrevocably consent to the jurisdiction of the Pima County Superior Court. fOO005869.DOC / 6) -4- (D) If either of the Parties fails to perform any of its obligations under this MOU or if a dispute arises concerning the meaning or interpretation of any provision of this MOU, the defaulting party or the party not prevailing in the dispute, as the case may be, shall pay any and all costs and expenses incurred by the other party in enforcing or establishing its rights under this MOU, including, without limitation, court costs and reasonable attorneys' fees. (E) The captions and section numbers appearing in this MOU are inserted only as a matter of convenience, and do not define, limit, construe or describe the scope or intent of such sections or articles of this MOU. (F) This MOU may be executed in multiple counterparts, each of which shall, for all purposes, be deemed an original and all of which, taken together, shall constitute one and the same agreement. (G) This MOU shall be binding upon and inure to the benefit of the Parties and their respective successors in interest and assigns; provided, however, that no assignment of this MOU shall in any way relieve the assignor of its obligations under this MOU. (H) This MOU is subject to A.R.S. § 38-511, which provides for cancellation of contracts in certain instances involving conflicts of interest. IN WITNESS WHEREOF, the Parties hereto have executed this MOU as of the last date set forth below their respective signatures. THE TOWN OF MARANA, an Arizona municipal corporation WESTERN HERITAGE COMMITTEE, a private, community-based group By: By: Ed Honea, Mayor Date: Date: APPROVED AS TO FORM: Town Attorney {00005869.DOC / 6) -5- o- N o "o TOWN COUNCIL TOWN OF MARANA I QX-SNA 7 MEETING 1 7 INFORMATION NzotkK MEETING DATE: October 16, 2007 AGENDAITEM: J. 2 TO: MAYOR AND COUNCIL FROM: Joshua H. Wright, Assistant to the Town Manager SUBJECT: Resolution No. 2007-180: Relating to Community Development; endorsing the Marana Combined Appeal Program as the beneficiary charity of proceeds from the "Spirit of Marana" day during the 2008 Southern Arizona Home Builders Association Parade of Homes DISCUSSION The Southern Arizona Home Builders Association (SAHBA) will be hosting the first Parade of Homes event since 1988 in Marana in February, 2008. On February 16, 2008, the Parade of Homes will be holding a themed. "Spirit of Marana" day on which all fundraising, either from ticket sales or other programs, will benefit a Marana-based charity. SAHBA has asked the Town to select a nonprofit organization to serve as the beneficiary of these proceeds. Town staff recommends that proceeds from this event be directed toward the Marana Combined Appeal Program (MCAP). MCAP is a registered charity under section 5 01 (c)(3) of the Internal Revenue Code, was created by Town employees with Mayor and Council approval, and has a mission to "bring relief and hope to those who have had misfortunes in their lives. By acting as a collection point for generosity and a conduit for kindness, the Marana Combined Appeal Program will benefit members of the Marana community with dignity, caring, and respect." The MCAP provides both emergency assistance to needy families and acts as a distribution point for many other Marana-based charities. By endorsing the MCAP as the beneficiary of the Parade of Homes fundraising, it is therefore assumed that a variety of other local charities will benefit as well. FINANCIAL IMPACT None. RECOMMENDATION Staff recommends endorsing the MCAP as the beneficiary charity for the "Spirit of Marana" day during the 2008 SAHBA Parade of Homes. SUGGESTED MOTION I move to adopt Resolution No. 2007-180. MCAP 10:32:32 AM 1011012007 JHW MARANA RESOLUTION NO. 2007-180 RELATING TO COMMUNITY DEVELOPMENT; ENDORSING THE MARANA COMBINED APPEAL PROGRAM AS THE BENEFICIARY CHARITY OF PROCEEDS FROM THE "SPIRIT OF MARANA" DAY DURING THE 2008 SOUTHERN ARIZONA HOME BUILDERS ASSOCIATION PARADE OF HOMES WHEREAS the Southern Arizona Home Builders Association (SAHBA) is hosting the 2008 Parade of Homes in Marana; and WHEREAS the Town Council, at their meeting on March 20, 2007, passed Marana Resolution No. 2007-41, approving and authorizing support for the 2008 Parade of Homes; and WHEREAS SAHBA has requested that the Town Council endorse a Marana charity as the beneficiary agency of proceeds from its "Spirit of Marana" day on Saturday, February 16, 2008; and WHEREAS the Marana Combined Appeal Program (MCAP) was formed by Town of Marana employees to provide emergency aid to members of the Marana community and support other Marana-based charities; and WHEREAS the MCAP is a registered charity under section 501 (c)(3) of the Internal Revenue Code. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Town Council endorses the Marana Combined Appeal Program as the beneficiary charity of proceeds from the "Spirit of Marana" day during the 2008 Parade of Homes. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 16th day of October, 2007. ATTEST: Mayor ED HONEA Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney - I - 1011012007 10:33:42 AMJHW N TOWN COUNCIL MEETING TOWN OF MARANA 9 MARAN 7 INFORMATION MEETING DATE: October 16, 2007 AGENDA ITEM: J. 3 TO: MAYOR AND COUNCIL FROM: Kevin M. Kish, AICP, Planning Director SUBJECT: PUBLIC HEARING. Ordinance No. 2007.25: Relating to Development; approving and authorizing a rezoning for the Uptown at Marana Specific Plan. DISCUSSION Histor This item was continued at the October 2 d Council meeting to address recommended conditions. A presentation was made to Town Council on August 14, 2007 to familiarize the Council with the project. A public hearing for the Uptown at Marana Specific Plan was held during the July 30, 2007 Planning Commission meeting. The Planning Commission voted 4-2, with Commissioners Winger and Fogel dissenting, for recommending approval to Town Council. Rezoning Request The project lies north of Marana Road, west of 1-10 to Sanders Road. Approval of this proposed rezoning would recommend to the Town Council to rezone the subject area of approximately 205 acres from "R-144" (single family residential, 144,000 square foot minimum lot area) to "F" Specific Plan to create the Uptown at Marana. Specific Plan. The purpose of "F" zoning is generally to provide functionality and creativity in site planning and design that the developer cannot achieve with conventional zoning. The applicant is proposing to develop a master planned community that includes neighborhood and regional commercial, mixed use of commercial and residential, a mix of residential densities and housing types, recreation and open space. The specific plan will restrict residential development to a maximum of 930 residential units General Plan The 2003 General Plan designates the subject area as Medium Density Residential (MDR). MDR is characterized by detached and attached single-family dwelling units as well as other various types of multi-family housing. Various commercial services are appropriate based on compatibility. The proposed rezoning is located within a designated growth area and its mix of commercial and residential uses and densities fully supports General Plan goals and policies for diverse land uses, efficient use of infrastructure and public services, environmental quality and recreation. 101607 PCZ-06099 Uptown at Marana Specific Plan TC.doc This rezoning proposal requests approval of a specific plan which requires a land use designation of "MPA" (Master Planning Area). The change in land use designation from "MDR" to "MPA" requires a minor General Plan amendment and is also to be considered as part of the Specific Plan request. Land Use The Uptown at Marana Specific Plan is designed as a walkable, compact mix of commercial and residential development with five different land use designations totaling 205 acres. Low- medium residential (41 acres) and medium-high residential (26 acres) are planned for the central and northwest areas of the site. Neighborhood commercial (8 acres) is a smaller, pedestrian scale commercial area located north of and parallel to Marana Road. Regional commercial (80 acres) is planned for the eastern area of the property, adjacent to 1-10 and the neighboring property that will eventually be developed for large scale commercial. Mixed use (29 acres) with commercial and residential is located in the southwest area. The remaining 28 acres consists of open space, park facilities, and trails for connectivity within and beyond the property. These land use designations are described in more detail below: • Low-Medium Density Residential for single-family dwelling units, including attached units of higher density duplexes, town homes, row houses, and urban villas. The project may also include detached single family units on a minimum lot size of 2,200 square feet. The density range is 3.1 - 8.0 units per acre. • Medium-High Density Residential for attached single-family dwelling units, including town homes, row houses, and urban villas. This use also includes traditional multi-family units. The minimum lot area for attached single family units is 1,625 square feet. The density range is 8.1 - 12.0 units per acre. • Neighborhood Commercial is proposed as a pedestrian scale, central marketplace in a Main Street setting with a variety of retail and service uses. • Regional Commercial is located to take advantage of visibility to 1-10 and Marana Road. This area includes a wide range of vehicle oriented retail uses, ranging from national retail tenants to small users. Building design standards will allow flexibility for national tenant standards, but also design for compatibility with the overall project design. • Mixed Use allows multi-family uses along with commercial uses permitted in Neighborhood Commercial. No more than 50% of an MU parcel can be developed as residential. Traffic Circulation Uptown at Marana will be accessed from Marana Road and from Sanders Road. There are four major intersections, including the north tenninus of Tangerine Farms Road, with Marana Road. There is one intersection with Sanders Road, and two internal connections to the adjacent property to the east. Internal circulation is comprised of a network of collectors, local streets and alleys that effectively define the different use areas and connections throughout the development. All major streets will be public, and local streets within development blocks may be private or public as determined during the platting process. 101607 PCZ-06099 Uptown at Marana Specific Plan TC.doc Six street and alley cross sections are proposed for the commercial and residential areas. Those proposed sections were presented in a Design Exception Report to allow for some variance from Marana street standards, and approved by the Planning Commission at their July 30, 2007 meeting. Road Improvements There are several road improvements to be completed as part of overall development of the Uptown at Marana Specific Plan. Improvements include, but not limited to, widening Marana Road to six lanes, reconstructing the Marana 1-10 traffic interchange, extending Marana Main Street from Sandario Road to Marana Road, reconstructing the Marana Road/Sandario Road intersection, and building a pedestrian underpass on Marana Road. The Developer will participate in the design and construction of these improvements in accordance with the recommended conditions and the approved traffic analysis. The Developer will be required to dedicate the necessary rights-of-way for Marana Road and Sanders Road. In addition to intersection improvements for signalization, turn lane improvements, and other roadway improvements, the developer will be responsible for widening Marana Road from four lanes (to be constructed by Sanders Grove) to six lanes. In the event that Sanders Grove does not construct the initial four lane improvements, the Developer will be responsible for that construction. This development will also be subject to the adopted Northwest Marana Roadway Impact Fee. Open Space, Recreation and Trails The Uptown at Marana Specific Plan will provide a central community park as well as pocket parks throughout the development. These parks will address the required on-site recreational requirements, be developed in conjunction with the individual subdivisions, and meet the minimum Town of Marana adopted standards. The specific plan will also include a linear layout of open space and a network of trails to connect all areas within the project as well as major community trails adjacent to the property. Landscaped buffer areas are provided along the perimeter of the project, including a 30' buffer along I- 10, as well as internal buffers between different land uses. This development will be subject to the adopted Park Development Impact Fee. Sanitary Sewer All lots are proposed to be served by extending the existing sanitary sewer system. The Developer will prepare, at their sole expense, a Sewer Master Plan and enter into a Water Service Agreement prior to recordation of the final block plat for the property. The Sewer Master Plan will define the necessary wastewater conveyance scheme to connect to the sanitary sewer system in an acceptable location. The Sewer Master Plan will also identify the necessary on-site conveyance scheme to provide sewer connections to all platted lots or blocks within the property. The Sewer Master Plan will also include a sewer phasing plan. 101607 PCZ-06099 Uptown at Marana Specific Plan TC.doc Water The Developer will prepare a Water Master Plan for the property and enter into a Water Service Agreement with the Marana Municipal Water Company (MMWC) prior to the approval of the final block plat. This agreement will address potable and non-potable systems that set forth various agreements for the interconnections and main extensions from the existing water system, and the development, construction, dedication, ownership, and design of the water system, including any necessary storage and well(s) to serve the property. MMWC will own the potable and non-potable water systems, will provide potable water service to the property, and either MMWC or another water provider will supply non-potable water service to the property. The water will be provided through the non-potable water system constructed by the Developer and dedicated to MMWC. The Water Service Agreement must be in place prior to the approval of the Master Water Plan. School District The developer has volunteered to contribute a fee per residential unit to mitigate the effects of the proposed development on the Marana Unified School District. Fire Protection This property will be served by two fire districts. Approximately 40 acres of the property is in the Avra Valley Fire District, and the remaining area is to be annexed into the Northwest Fire District, which has a mutual aid agreement with the Avra Valley Fire District. The Northwest Fire District will act on this annexation at their September 25, 2007 meeting. If necessary, the Development Agreement will state that prior to perforining a final Building Department inspection on any dwelling unit, the owner shall have completed annexation into the fire district, or provide evidence to the Town's satisfaction that a diligent effort has been made to complete the process of having the property annexed into the fire district, or provide for other fire protection service. Desi2n Standards Section IV of the specific plan, Development Standards and Design Guidelines, provides the regulatory requirements for the proposed specific plan. These regulations establish development standards to evaluate and direct all planning and design within the project area. Staff finds that the proposed regulations are appropriate to allow enhanced design capabilities and has no objections to the standards. This section also includes residential and commercial design standards that include minimum standards for development of the specific plan. These standards meet or exceed the Residential Design Standards and Commercial Design Standards adopted by the Town in 2005 and 2006. Waiver of Potential Arizona Property Rights Protection Act Compensation Claims To protect the Town against potential claims filed under the Arizona Property Rights Protection Act as a result of changes in the land use laws that apply to the rezoning areas by the Town's adoption of this ordinance, staff requires the applicant waive any rights to compensation for diminution in value by execution and recordation of the attached waiver instrument: the Consent to Conditions of Rezoning and Waiver of Claims for Possible Diminution of Value Resulting 101607 PCZ-06099 Uptown at Marana Specific Plan TC.doc from Town of Marana Ordinance No. 2007.25. Ordinance No. 2007.25 is not operative unless and until the applicant waives any potential compensation claims. If the applicant does not forward the waiver in time to record it within 90 days after the ordinance is passed, the ordinance becomes null and void, as if no action were ever taken to pass the ordinance. ATTACHMENT The specific plan document was distributed to Council at the October 2'd meeting and is not contained in this packet. RECOMMENDATION Staff recommends approval of the Uptown at Marana Specific Plan subject to the conditions below. RECOMMENDED CONDITIONS OF APPROVAL 1. Compliance with all applicable provisions of the Town's Codes, and Ordinances current at the time of any subsequent development including, but not limited to, requirements for public improvements. 2. [Deleted.] 3. The Development has voluntarily agreed to enter into a school contribution agreement with the Marana Unified School District providing for a contribution per residential unit to mitigate the effects of the proposed development. 4. The maximum allowable residential units for the project shall not exceed 930. 5. The property owner shall not cause any lot split of any kind without the written consent of the Town of Marana. 6. No approval, permit or authorization by the Town of Marana authorizes violation of any federal or state law or regulation or relieves the applicant or the land owner from responsibility to ensure compliance with all applicable federal and state laws and regulations, including the Endangered Species Act and the Clean Water Act. Appropriate experts should be retained and appropriate federal and state agencies should be consulted to determine any action necessary to assure compliance with applicable laws and regulations. 7. The Developer shall dedicate, or cause to have dedicated, from the Property, the necessary half-street rights-of-way for Marana Road, Sanders Road, and no more than 1,000 square feet of right-of-way on the Property for a Marana Road pedestrian connection, and contribute $300,000 for pedestrian connection improvements or downtown beautification, payable upon issuance of the first grading or building permit on the Property. 10 1607 PCZ-06099 Uptown at Marana Specific Plan TC.doc 8. The Developer shall contribute, proportionally to the Project's impact, based on a Town- approved traffic impact analysis, to the cost to design and construct the circulation improvements to Marana Road, Marana Main Street, Sandario Road, Sanders Road, the Marana Road/1-10 traffic interchange (including without limitation any improvements to the frontage road and/or construction of a shoo-fly connection from Marana Road to the frontage road, if needed), including without limitation any signalization associated with these improvements. To assure concurrency between any development and the then- existing, necessary transportation improvements, no building permit shall be issued for any construction on the Property unless and until completion of all transportation improvements necessary for safe access to and from the construction. To the extent the cost to construct these concurrently needed improvements exceeds the Developer's proportionate share, the Developer may seek reimbursement for the excess through a development agreement. In no case shall the Developer ultimately be obligated to pay more than Developer's proportional share of the costs of the infrastructure referenced in this paragraph. As provided by A.R.S. § 9-463.05, the cost of any transportation improvements constructed by the Developer for which the Town has adopted a development impact fee shall be credited against transportation impact fees payable for development within the Property. 9. A water service agreement and a master water plan must be submitted by the Developer and accepted by the Utilities Director prior to the approval of the final block plat by the Town Council. 10. A sewer service agreement and master sewer plan must be submitted by the Developer and accepted by the entity responsible for wastewater management and the Town Engineer prior to the approval of the final block plat by the Town Council. 11. Before a certificate of occupancy is issued for any dwelling unit on the Property, the Developer shall have completed or shall provide evidence to the Town's satisfaction that Developer has made a diligent effort to complete the process of having the Property annexed into a fire district or otherwise provide for fire protection service 12. Installation of a non-potable system shall be required to serve the common open space areas and other landscaped amenities as accepted by the Town of Marana. 13. If it is determined that such rights exist on the Property and are owned by the Developer at the time of final plat, the property owner shall transfer with the final plat, by the appropriate Arizona Department of Water Resources form, those water rights being IGR, Type I or Type 11 to the Town of Marana for the Town providing designation of assured water supply and water service to the Property. If Type I or Type 11 is needed on the Property, the Town and developer/landowner shall arrive at an agreeable solution to the use of those water rights appurtenant to the Property. 14. All private parks and trails within Uptown at Marana will be developed by the Master Developer, subject to the approval of the Planning Director and the Parks and Recreation Director. The community and neighborhood parks must be identified in subdivision plats with detailed design as part of the landscape plans for those subdivisions. 15. Upon adoption of the ordinance by the Mayor and Council approving the Uptown at Marana Specific Plan, the applicant shall provide the Planning Department with the 101607 PCZ-06099 Uptown at Marana Specific Plan TC.doc following final edition of the Uptown at Marana Specific Plan: one non-bound original; forty bound copies; and one digital copy in Microsoft Word or other acceptable format within sixty days of the adoption. 16. Minor grammatical and technical changes as required by the Town of Marana shall be made to the Uptown at Marana Specific Plan. 17. The Master Developer shall submit an annual report within 30 days of the anniversary of the Town Council's approval of the Specific Plan in addition to those requirements listed in the Land Development Code. 18. Development of the Property shall comply with all FEMA requirements, including any that eventually become effective in relation to FEMA's September 17, 2007 draft "Pima County Levee Failure Analysis" floodplain map, which proposes a change in the floodplain designation of an area that includes the Property. SUGGESTED MOTION I move to adopt Ordinance No. 2007.25, the rezoning of the Uptown at Marana Specific Plan with conditions. 10 1607 PCZ-06099 Uptown at Mar-ana Specific Plan TC.doc MARANA ORDINANCE NO. 2007.25 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A REZONING FOR THE UPTOWN AT MARANA SPECIFIC PLAN. WHEREAS, JF Properties, Inc. and The Cardon Group, LLC represent the property owners of approximately 205 acres of land located within a portion of Section 21, Township I I South, Range 11 East, as described on Exhibit "A", attached hereto and incorporated herein by this reference; and, WHEREAS, the Marana Planning Commission held a public hearing on July 3 0, 2007, and at said meeting voted 4-2 to recommend that the Town Council approve said rezoning, adopting the recommended conditions; and, WHEREAS, the Marana Town Council heard from representatives of the owner, staff and members of the public at the regular Town Council meetings held October 2 and 16, 2007, and has detennined that the rezoning should be approved and meets the criteria for a minor amendment to the General Plan, changing the land use designation from "MDR" (Medium Density Residential) to "MPA" (Master Planning Area), and should be approved. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1. A minor amendment to the General Plan of approximately 205-acres of land located within a portion of Section 2 1, Township I I South, Range I I East, north of Marana Road, from I- 10 west to Sanders Road (the "Property"), changing the land use designation from "MDR" (Medium Density Residential) to "MPA" (Master Planning Area). Section 2. The zoning of the Property is hereby changed from Zone "R-144" (Single family residential, 144,000 square feet minimum) to "F" (Specific Plan) creating the Uptown at Marana Specific Plan. Section 3. The purpose of this rezoning is to allow the use of the Property for a master planned community that includes regional and neighborhood commercial, mixed use of commercial and residential, a mix of residential densities and housing types, recreation and open space subject to the following conditions, the violation of which shall be treated in the same manner as a violation of the Town of Marana Land Development Code (but which shall not cause a reversion of this rezoning ordinance): [00006437.DOC / 3) Marana Ordinance No. 2007.25 Page I of 4 1. Compliance with all applicable provisions of the Town's Codes, and Ordinances current at the time of any subsequent development including, but not limited to, requirements for public improvements. 2. [Deleted.] 3. The Development has voluntarily agreed to enter into a school contribution agreement with the Marana Unified School District providing for a contribution per residential unit to mitigate the effects of the proposed development. 4. The maximum allowable residential units for the project shall not exceed 930. 5. The property owner shall not cause any lot split of any kind without the written consent of the Town of Marana. 6. No approval, permit or authorization by the Town of Marana authorizes violation of any federal or state law or regulation or relieves the applicant or the land owner from responsibility to ensure compliance with all applicable federal and state laws and regulations, including the Endangered Species Act and the Clean Water Act. Appropriate experts should be retained and appropriate federal and state agencies should be consulted to determine any action necessary to assure compliance with applicable laws and regulations. 7. The Developer shall dedicate, or cause to have dedicated, from the Property, the necessary half-street rights-of-way for Marana Road, Sanders Road, and no more than 1,000 square feet of right-of-way on the Property for a Marana Road pedestrian connection, and contribute $300,000 for pedestrian connection improvements or downtown beautification, payable upon issuance of the first grading or building permit on the Property. 8. The Developer shall contribute, proportionally to the Project's impact, based on a Town- approved traffic impact analysis, to the cost to design and construct the circulation improvements to Marana Road, Marana Main Street, Sandario Road, Sanders Road, the Marana Road/1- 10 traffic interchange (including without limitation any improvements to the frontage road and/or construction of a shoo-fly connection from Marana Road to the frontage road, if needed), including without limitation any signalization associated with these improvements. To assure concurrency between any development and the then-existing, necessary transportation improvements, no building permit shall be issued for any construction on the Property unless and until completion of all transportation improvements necessary for safe access to and from the construction. To the extent the cost to construct these concurrently needed improvements exceeds the Developer's proportionate share, the Developer may seek reimbursement for the excess through a development agreement. In no case shall the Developer ultimately be obligated to pay more than Developer's proportional share of the costs of the infrastructure referenced in this paragraph. As provided by A.R.S. § 9-463.05, the cost of any transportation improvements constructed by the Developer for which the Town has adopted a development impact fee shall be credited against transportation impact fees payable for development within the Property. 9. A water service agreement and a master water plan must be submitted by the Developer and accepted by the Utilities Director prior to the approval of the final block plat by the Town Council. (00006437.DOC / 3) Marana Ordinance No. 2007.25 Page 2 of 4 10. A sewer service agreement and master sewer plan must be submitted by the Developer and accepted by the entity responsible for wastewater management and the Town Engineer prior to the approval of the final block plat by the Town Council. 11. Before a certificate of occupancy is issued for any dwelling unit on the Property, the Developer shall have completed or shall provide evidence to the Town's satisfaction that Developer has made a diligent effort to complete the process of having the Property annexed into a fire district or otherwise provide for fire protection service 12. Installation of a non-potable system shall be required to serve the common open space areas and other landscaped amenities as accepted by the Town of Marana. 13. If it is determined that such rights exist on the Property and are owned by the Developer at the time of final plat, the property owner shall transfer with the final plat, by the appropriate Arizona Department of Water Resources form, those water rights being IGR, Type I or Type 11 to the Town of Marana for the Town providing designation of assured water supply and water service to the Property. If Type I or Type 11 is needed on the Property, the Town and developer/landowner shall arrive at an agreeable solution to the use of those water rights appurtenant to the Property. 14. All private parks and trails within Uptown at Marana. will be developed by the Master Developer, subject to the approval of the Planning Director and the Parks and Recreation Director. The community and neighborhood parks must be identified in subdivision plats with detailed design as part of the landscape plans for those subdivisions. 15. Upon adoption of the ordinance by the Mayor and Council approving the Uptown at Marana Specific Plan, the applicant shall provide the Planning Department with the following final edition of the Uptown at Marana Specific Plan: one non-bound original; forty bound copies; and one digital copy in Microsoft Word or other acceptable format within sixty days of the adoption. 16. Minor grammatical and technical changes as required by the Town of Marana shall be made to the Uptown at Marana Specific Plan. 17. The Master Developer shall submit an annual report within 3 0 days of the anniversary of the Town Council's approval of the Specific Plan in addition to those requirements listed in the Land Development Code. 18. Development of the Property shall comply with all FEMA requirements, including any that eventually become effective in relation to FEMA's September 17, 2007 draft "Pima County Levee Failure Analysis" floodplain map, which proposes a change in the floodplain designation of an area that includes the Property. Section 4. This Ordinance shall be treated as having been adopted and the 30-day referendum period established by Arizona Revised Statutes section ("A.R. S. §") 19-142(D) shall begin when the Town files with the county recorder an instrument (in a form acceptable to the Town Attorney), executed by the Developer and any other party having any title interest in the Property, that waives any potential claims against the Town under the Arizona Property Rights Protection Act (A.R.S. § 12-1131 et seq., and specifically A.R.S. § 12-1134) resulting from changes in the land use laws that apply to the Property as a result of the Town's adoption of this Ordinance. If this waiver instrument {00006437.DOC / 3) Marana Ordinance No. 2007.25 Page 3 of 4 is not recorded within 90 calendar days after the motion approving this Ordinance, this Ordinance shall be void and of no force and effect. Section 5. All Ordinances, Resolutions and Motions and parts of Ordinances, Resolutions, and Motions of the Marana Town Council in conflict with the provisions of this Ordinance are hereby repealed, effective as of the effective date of Ordinance No. 2007.25. Section 6. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 16'h day of October, 2007. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney (00006437.DOC / 3) Marana Ordinance No. 2007.25 Page 4 of 4 EXHIBIT A LEGAL DESCRIPTION FOR UPTOWN AT MARANA SPECIFIC PLAN THAT PORTION OF THE NORTH HALF OF SECTION 21, TOWNSHIP 11 SOUTH, RANGE ll EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, PIMA COUNTY, ARIZONA, DE- SCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 21, BEING A BRASS CAP IN HAND HOLE, THENCE NORTH 00" 30'58" WEST ALONG THE WEST LINE OF SAID SECTION 21, TOWARD THE NORTHWEST CORNER OF SAID SECTION 21, BEING A HALF INCH REBAR, A DISTANCE OF 30.00 FEET, THENCE NORTH 390 21'04" EAST, PARALLEL WITHAND 30.00 FEET NORTH OF THE EAST-WEST MID-SECTION OF SAID SECTION 21, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00o 30'53" WEST ALONG THE EAST RIGHT-OF-WAY LINE OF SANDERS ROAD AS SET FORTH IN DOCKET 368, PAGE 7, RECORDS OF PIMA COUNTY, ARIZONA, BEING PARALLEL WITH AND 30.00 FEET EAST OF SAID WEST LINE OF SECTION 21, A DIS- TANCE OF 2606.23 FEET TO THE NORTH LINE OF SAID SECTION 21; THENCE NORTH 39' 19'33"EAST ALONG SAID NORTH LINE OF SECTION 21, A DISTANCE OF 2612.43 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 21; THENCE NORTH 89'22'51"EAST ALONG SAID NORTH LINE OF SECTION 21, A DISTANCE OF 165.02 FEET TO A POINT ON THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF INTERSTATE 10 (ALSO KNOWN AS THE CASA GRANDE TUCSON HIGHWAY), AS CONVEYED TO THE STATE OF ARIZONA BY DEED RECORDED IN DOCKET 1934, PAGE 496, RECORDS OF PIMA COUNTY, ARIZONA AND AS SHOWN ON THOSE CERTAIN A.D. 0. T PLANS DATED SEPTEMBER, 6,1960, PROJECT NO. 1-10-4 (26) 231; THENCE SOUTH 50* 29'00" EAST ALONG SAID RIGHT-OF-WAY LINE, 759.92 FEET, THENCE SOUTH 460 57'59" EAST, ALONG SAID RIGHT-OF-WAY LINE, 299.73 FEET* THENCE SOU TH 000 25'40" EAS T PA RA LLEL Wf TH AND 1680. 00 FEET WES T OF THE EAST LINE OF SAID SECTION 21, A DISTANCE OF 1910.15 FEET, THENCE SOUTH 89' 21' 04" WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF MARANA ROAD AS SET FORTH BY PIMA COUNTY ESTABLISHMENT NO. 114, BEING PARALLEL WITH AND 30.00 FEET NORTH OF SAID EAST-WEST MIDSECTION LINE OF SECTION 2 1, A DISTANCE OF 3573.59 FEET TO THE POINT OF BEGINNING. (THE PARCEL DESCRIBED ABOVE CONTAINS 207.75 ACRES, MORE OR LESS) N TOWN COUNCIL MEETING TOWN OF MARANA 9 qMl-)-R ANA 7 INFORMATION MEETING DATE: October 16, 2007 AGENDAITEM: K. I TO: MAYOR AND COUNCIL FROM: Jocelyn C. Bronson, Town Clerk SUBJECT: Resolution No. 2007-181: Relating to Boards, Commissions and Committees; approving and authorizing the reappointment of Ed McCauley and the appointment of Terry Tometich as citizen members of the Personnel Action Review Board DISCUSSION Currently, there are four vacant citizen seats on the Personnel Action Review Board (PARB) which expired August 20, 2007. Two of the four seats are for regular citizen members and two seats are for alternate citizen members. These terms will expire August 20, 2010. The vacancies were posted on the Town's website on October 1, 2007. The posting period ended October 10, 2007, at which time all applications were forwarded to the Manager's Review Committee. The Review Committee determined that the eligibility requirements were met and forwarded the list of candidates to the Town Manager. The Town Manager provided to the Mayor and Council the list of candidates and support materials to the Council for review. Ed McCauley is applying for reappointment and Terry Tometich is applying for appointment as regular citizen members. To provide for a full Board, the seats for the two regular citizen members will be considered at tonight's meeting. The two alternate citizen positions will be considered at a future meeting. RECOMMENDATION Staff recommends the reappointment of Ed McCauley and the appointment of Terry Tometich as regular citizen members of the Personnel Action Review Board. SUGGESTED MOTION I move to approve Resolution No. 2007-181, approving the reappointment of Ed McCauley and the appointment of Terry Tometich as regular citizen members of the Personnel Action Review Board for terms ending August 20, 2010. JCB/ 10/11/2007/8:31 AM MARANA RESOLUTION NO. 2007-181 RELATING TO BOARDS, COMMISSIONS AND COMMITTEES; APPROVING AND AUTHORIZING THE REAPPOINTMENT OF ED McCAULEY AND THE APPOINTMENT OF TERRY TOMETICH AS CITIZEN MEMBERS OF THE PERSONNEL ACTION REVIEW BOARD WHEREAS all Boards, Commissions and Committees were created by the Town Council to meet and advise the Council on concerns relating to the efficient operation of Town business for the betterment of citizens and the community; and WHEREAS the Town Council desires to fill four citizen member seats on the Personnel Action Review Board which expired August 20, 2007; and WHEREAS Ed McCauley has applied for reappointment and Terry Tometich has applied for appointment as the citizen members of the Personnel Action Review Board; and WHEREAS the Council desires to have a five-member Board in place, the reappointment of Ed McCauley and the appointment of Terry Tometich are being considered at tonight's meeting, and the applications for the two alternate citizen members will be reviewed and considered at a future meeting. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, as follows: THAT Ed McCauley is reappointed and Terry Tometich is appointed to the Personnel Action Review Board with terms to expire August 20, 2010. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 16th day of October, 2007. ATTEST: Mayor ED HONEA Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Resolution No. 2007-181 TOWN COUNCIL MEETING TOWN OF MARANA 9 MARANA 7 INFORMATION 0 MEETING DATE: October 16, 2007 AGENDAITEM: L. 1 TO: MAYOR AND COUNCIL FROM: Barbara F. Johnson, Director of Public Works SUBJECT: Presentation: Preliminary Findings for the Wastewater Service Rate Case Study DISCUSSION A brief presentation will be given on the preliminary findings for the Wastewater Service Rate Case Study. RECOMMENDATION Information only. 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