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					                                                           MEETING
                                  AMENDED REGULAR COUNCIL
                                         NOTICE AND AGENDA

 MARANA


   RIZU
            7




                  IF           1115555 W Civic Center
                               1

                                         October
                                                         Council Chambers



                                                        16 2007
                                                                Drive Marana Arizona
                                                                   at



                                                      Ed Honea Mayor
                                                                        or
                                                                                     85653

                                                                                   00 m
                                                                             after 7 p




                                                     Herb Kai Vice Mayor


                                                        Council Members
                                                        Russell Clanagan
                                                         Patti Comerford
                                                          Tim Escobedo
                                                         Carol McGorray
                                                         Roxanne    Ziegler
                                                                                                          Revisions   to   the
                                                                  ON THIS AGENDA
                          THE COUNCIL ON ANY ITEM LISTED
ACTION MAY BE TAKEN BY
                             to the meeting Revised agenda items appear in italics
agenda
              to 24 hours
          can occur   up              prior
                                            SLENT MODE ALL PAGERS
                S PLEASE TURN OFF OR PUT IN
 AS A Q01 IR TO OTHER
          TESY
                      AND    L PHONES


                                                                                                third
                                                Council meetings are usually held the first and
Welcome to this Marana Council meeting Regular
                                                                    the date or time may change or
                         00 m at the Marana Town Hall although
Tuesday of each month at 7p                                                        watch for posted
                               at other times and places Contact Town Hall or
                                              or
Special Meetings may be called                             24 hours prior to the meeting In
                                                                                               such a
        for               This agenda may be revised up to
                  other meetings
agendas
case a new       agenda will be posted        in   place of this agenda
                                                                                                             other agenda
                                                                             to thePublic Public Hearings or
If you    are          speaking to the Council during Call
                interested in
                                                                                                            and deliver it
                                               in the lobby                   outside the Council Chambers
items you must fill out a speaker card located
                                         ofthe meeting
to the Town Clerk prior to the convening

                                                                                         are expected to
                                               whether speaking to the Council or not
 All persons attending the Council meeting
                                                                                           conduct Any
                                           rules of politeness propriety decorum and good
 observe the Council Rules as well as the
                                                                     or loudly will be removed from the
                    with the meeting in any way or acting rudely
 person interfering
                                    return
 meeting and will not be allowed to
                                                                                                            Chambers
                                                         attending our meetings the Council
                                                                                                                            are

 To better      serve   the citizens of Marana and others
                                                                        reason of any disability is
                                                                                                     in need of
 wheelchair and handicapped accessible Any person who by                                      materials printed
                              of their disability such as assistive listening devices agenda
 special services as a result                                             will be accommodated     Such special
                                       for the hearing impaired etc
 in Braille or large print a signer
                                                                                                 to the Council
                                                the Town Clerk at least 10 working days prior
 services are available upon prior request to

 meeting
                                                                           the Council Chambers or
            of the   available the day of the meeting in the lobby outside
                      agenda    are
 Copies                                        Clerk page under Agendas Minutes and Ordinances
 online at      marana by linking to the Town
                www
                com
                                                    services or procedures please contact                 the Town     Clerk
 For   questions about the Council meetings special
                                            00 m to 00 m
                                      from 8a 5p
 at   382 Monday through Friday
      1999
                                                                                   the Marana
                                             7 p at the Marana Municipal Complex
                                             00 m
 Posted     no    later than October 15 2007
                                                                Minutes  and Ordinances
                                marana under Town Clerk Agendas
                  Center and at www
                                com
  Operations
                               AMENDED REGULAR COUNCIL MEETING
     C
     WN
                                      NOTICE AND AGENDA
I
                                                 Council Chambers
q   NiARANA   7


                             1555 W Civic Center Drive Marana Arizona 85653
                            1115

                                     October     16 2007                  00 m
                                                              at or after 7 p




                                      REGULAR MEETING

          A CALL TO ORDER AND ROLL CALL

                                                                  OF SILENCE
          B PLEDGE OF            ALLEGIANCE AND INVOCATIONIMOMENT
                                 Anthem will be     performed by    the Marana      High   School   Choir
                  The National

          C APPROVAL OF AGENDA



          D CALL TO THE PUBLIC


                                                                              the Town Council on any
                  At this time any member of the public is allowed to address
                                                                           have up to three minutes to
                  issue not already on tonight agenda The speaker may
                                       s
                                                          the Council must complete a speaker card
                  speak Any persons wishing to address
                                                                             Town Clerk prior to the
                  located outside the Council Chambers and deliver it to the
                                                                                                 at the
                  commencement ofthe meeting Pursuant to the Arizona Open Meeting Law
                                                                       ofthe council may respond to
                  conclusion of Call to the Public individual members
                                                                                     staff to review the
                  criticism made by those who have addressed the Council may ask
                                                                   future agenda
                  matter or may ask that the matter be placed on a


          E       PRESENTATIONS

                                                                                            Projects    Under
                      Presentation     Status      of   the    Capital   Improvement
                      Construction   Barbara Johnson

                  UPDATES
                  ANNOUNCEMENTS

                  PROCLAMATIONS                Interfaith   Community    Services   Jocelyn Bronson

          F MAYOR AND COUNCIL REPORTS                           SUMMARY OF CURRENT EVENTS


                                               EVENTS
           G MANAGER REPORT SUMMARY OF CURRENT
             S


           H STAFF REPORTS



                                  GENERAL ORDER OF BUSINESS

              1 CONSENT AGENDA


                              contains items     action by the Council which are generally routine
    The Consent      Agenda                    requiring
                                                                        all items on the Consent
    items not requiring Council discussion A single motion will approve
                                                    A Council Member may remove any issue from
    agenda including any resolutions or ordinances
        0
                                AMENDED REGULAR COUNCIL MEETING
 NOWN
                                            NOTICE AND AGENDA
                                                Council Chambers
7
qkMARANA
                                                                     85653
                           11555 W Civic Center Drive Marana Arizona
                                                         at              00 m
                                                                   after 7 p
                                    October    16 2007        or




                  the Consentagenda and that issue will be discussed            and voted upon    separately
                                            Consent agenda
                  immediately following the
                                                                               a release of
             1    Resolution No 2007 Relating to Development approving
                                 173
                                                            of public improvements for
                  assurances for Oasis Hills and acceptance

                     maintenance   Keith Brann

             2                     174
                     Resolution No 2007        Relating to Real Estate approving and
                                                                       of the Marana District
                     authorizing the designation of a 0 acre portion
                                                      720
                                                                            for the Silverbell
                     Park as Silverbell Road public rights as needed
                                                    way
                                                    of
                                                              No 1999 Frank Cassidy
                                                                   050
                     Road Sanitary Sewer Interceptor Project

                                                                                                  and
             3                     175
                     Resolution No 2007           Relating    to Public   Works     approving
                                                                                      Pima County
                     authorizing   the   intergovernmental agreement between
                                                                                           and
                     Regional Flood Control District and the Town of Marana for the design
                     construction of the Barnett Linear Channel Improvement Project Barbara

                     Johnson

             4                     176
                     Resolution No 2007           Relating    to   Utilities   approving   and   authorizing
                                                                Anticipation               of Litigation Joint
                     theMayor    to execute a Common Interest in
                                                      to the Western Area Power Administration
                     Participation Agreement relating
                     2017 Hoover Dam Power Contracts and declaring an emergency Frank

                     Cassidy
                                                                                       the Revised Town of
              5                    177
                     Resolution No 2007         Relating to Utilities adopting
                     Marana     Drought Preparedness Plan Brad DeSpain
                                                                                         and
              6      Resolution No 2007 Relating to the Police Department approving
                                    178
                                                                         a Wide Area Network
                     authorizing the Marana Police Department to execute
                                                                            Pima County
                     and Law Enforcement Software User Agreement with the
                     s
                     Sheriff    Department Richard Viduarri

              7                    164
                     Resolution No 2007         Relating to Public Works approving and
                                                                                Road
                      authorizing a proposed alignment for the future Tangerine
                                                                        2007 meeting Gilbert
                      Interchange scrivener error from September 18
                                  s
                      Davidson

                                                                                   and the October      2   2007
              8       Minutes of the     September 18   2007   regular meeting
                      regular meeting

            J COUNCIL ACTION


                 1    Resolution No 2007
                                    179                         and Recreation approving and
                                                   Relating to Parks
                                                                                      with the
                      authorizing the Mayor to execute a memorandum of understanding
                      Western          Committee relating to the use and maintenance of the
                                Heritage
                               AMENDED REGULAR COUNCIL MEETING
    N
    O   0

                                           NOTICE AND AGENDA
                                               Council Chambers
I

9WARANA0

                          11555 W Civic Center Drive Marana Arizona 85653

                                   October 16     2007   at   or         00 m
                                                                   after 7 p


                    WesternHeritage    Arena and    adjacent property       and   declaring   an
                                                                                                   emergency

                    Jane Fairall

                2   Resolution No 2007 Relating to Community Development endorsing
                                   180
                    the Marana  Combined Appeal Program as the beneficiary charity of
                             from the      of Marana day during the 2008 Southern Arizona
                                         Spirit
                    proceeds
                    Home Builders Association Parade of Homes            Josh Wright

                3   PUBLIC HEARING Ordinance No 2007 Relating to Development
                                                        25
                              and authorizing a rezoning for the Uptown at Marana Specific
                    approving                                                   was continued
                    Plan  This item was noticed and held on October 2 2007 and
                    to October   16 2007 Kevin Kish

            K   BOARDS COMMISSIONS AND COMMITTEES

                    Resolution No 2007
                                  181       Relating to Boards Commissions and Committees
                                              the reappointment of Ed McCauley and the
                    approving and authorizing
                                                                     of the Personnel Action
                    appointment of Terry Tometich as citizen members
                    Review Board Jocelyn Bronson


            L ITEMS FOR        DISCUSSION ACTION
                               POSSIBLE

                1   Presentation Preliminary      FindingsJor      the Wastewater Service Rate Case Study

                    Barbara Johnson

            M EXECUTIVE          SESSIONS

                                                                                                      ask for
                1   Executive Session pursuant to A 38 A Council may
                                                    R431 3
                                                    S 03
                    discussion or consultation for legal advice with the Town Attorney

                    concerning any matter listed on this agenda

                                                                                            for
                2    Executive Session  pursuant to A 38 and 7
                                                    R431
                                                    S 03   6
                                                           4
                                                           A
                                                           3
                                                                       water rights and water
                     legal advice with the Town Attorney concerning
                                                                     the Town Attorney and the
                     service issues and to consult with and instruct
                                                                                          between
                     Town Manager concerning the 1979 intergovernmental agreement
                                                                         sewer service within the
                     the Town of Marana and Pima County relating to
                                                                                Town Attorney
                     Marana town limits and to direct the Town Manager and
                     with respect to that agreement Frank Cassidy


            N FUTURE AGENDA ITEMS



                     Notwithstanding      Mayor discretion of what items to place on the agenda
                                          s
                                         the

                     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 Section
                     4            4
                                  2B
                      AMENDED REGULAR COUNCIL MEETING
NOWN   0

                             NOTICE AND AGENDA

MRAN
 A         A1
                7
                                   Council Chambers
                    11555 W Civic Center Drive Marana Arizona 85653
 Rlzot
                          October 16 2007 at   or         00 m
                                                    after 7 p

       0 ADJOURNMENT
          TOWN COUNCIL
               MEETING                           TOWN OF MARANA
           INFORMATION

                                                                         AGENDA ITEM            EI
I        MEETING DATE                  October 16 2007


                              TO       MAYOR AND COUNCIL


                       FROM            Barbara F Johnson Director of Public Works

                                                                                                        Under
                  SUBJECT               Presentation Status of the      Capital Improvement Projects
                                        Construction


    I                                                      DISCUSSION

                                                                                                              under
        Staff will make    a   brief   presentation   on   the status of the   Capital Improvement Projects
        construction


                                                 RECOMMENDATION


        Information    only

                                                 SUGGESTED MOTION


        None              information     only
               required




                                                                                                         33
                                                                                               212412004 1 PMFJC
                                     OCLAMATION
                                     PR
                                        VICES
                        INTER COMMUNITY SER
                        FAITH



                                               Services   ICS   has served the   elderly    the
          W11EREAS Interfaith Community
                                     ofMarana and the Tucson    area   since   1985   and
disabled and the   disadvantaged

          WHEREAS      ICS is    volunteer nonprofit organization which partners
                                 based
                                 a

with   more   than 40 diverse faith communities within the Tucson area and


        WHEREAS ICS provides services to all regardless of beliefs last year
                                                               over 600 volunteers
assisting more than 38 individuals through the dedication of
                    000
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
                                                       and
on November      12 at the Oro   Valley Country Club

          W11EREAS November is the beginning ofthe holiday season and the kick
off to   ICS Holiday Food Package and Gifts ofLove programs which help brighten
         s
this time of year for hundreds oflow families
                                 income


      NOW TEIEREFORE 1                Ed   Honea Mayor    ofthe Town of Marana
                                      month of November 2007          be
Arizona do hereby proclaim the                                   to




                                      ICS MONTH


      community and encourage all our citizens businesses and organizations
                                                                                            to
in this

support Interfaith Community Services in its essential mission

          IN WITNESS     WHEREOF I have hereunto set my hand and caused the Seal
ofthe Town ofMarana 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




                              October 16 2007                       AGENDAITEM                    1
 MEETING DATE


                     TO       MAYOR AND COUNCIL


                 FROM         Keith Brann P Town
                                          E                    Engineer

                              Resolution No 2007 Relating to Development approving                                a
           SUBJECT                            173
                              release of assurance for Oasis Hills and acceptance of public
                                                  for maintenance
                              improvements

                                                 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
                                         of lots I through 90 and Common Area A            The
Oasis Hills subdivision is         comprised
subdivision has been recorded in the Pima             County Recorder Office
                                                             s


In   releasing  said assurance the Town of Marana will accept for maintenance including

regulatory   traffic control signs and street signs approximately 0 miles of the following paved
                                                                  66

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




                 90
Oasis Hills Lots 1 Full Release
                                                 173
                            MARANA RESOLUTION NO 2007



RELATING TO DEVELOPMENT APPROVING A RELEASE OF ASSURANCE FOR OASIS
HILLS AND ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR MAINTENANCE


        WHEREAS Oasis Hills is a 59 acre subdivision located south of Oasis Road
                                       46

containing
                                                                       s
           lots 1 and Common Area A and is recorded at the Pima County Recorder
                90
Office in Book 60 of Maps and Plats Page 38 and


                                                 Assurance for the                      of public   improvements    and
         WHEREAS the          Town has      an                          completion

                                                                              LLP     has    completed     the    public
         WHEREAS            Pacific      International      Properties
                                  to Town standards in accordance with the Assurance                    Agreement    for
improvements acceptable
Oasis Hills

                                         BE IT RESOLVED                 the   Mayor     and Council of the Town of
         NOW THEREFORE                                             by
Marana    as   follows


                          Hills   is             released    from      the    Assurance     Agreement     with Pacific
Section    1    Oasis                  hereby
International    Properties   LLP under Trust        60
                                                     182

Section 2 The Town accepts                for maintenance      including maintenance of regulatory traffic
control and street       signs approximately        66
                                                    0     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 ofthe Town of Marana                Arizona
this   16t day of October         2007




                                                                   Mayor      Ed Honea
ATTEST


                                                                   APPROVED AS TO FORM

Jocelyn C Bronson         Town Clerk



                                                                   Frank      Cassidy   Town   Attorney
                     173
Marana Resolution No 2007
                                                         Page I of I
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  TOWN COUNCIL
                                                                                             A
       MEETING
   INFORMATION


 MEETING DATE
                                          TOWN OF MARANA



                              October 16 2007                      AGENDAITEM
                                                                                       QXU
                                                                                         M




                                                                                             2
                                                                                             1


                      TO      MAYOR AND COUNCIL


                FROM          Frank    Cassidy   Town Attorney


            SUBJECT           Resolution No 2007
                                            174           Relating to Real Estate approving and
                              authorizing      designation of a 0 acre portion of the Marana
                                              the               720
                              District Park as Silverbell Road public rights as needed for
                                                                      of
                                                                      way
                              the Silverbell Road Sanitary Sewer Interceptor Project No 1999

                              050



                                                 DISCUSSION


The Marana District Park located east ofSilverbell Road was transferred to the Town of Marana by
Charitable Gift Deed from Ranch Holdings LLC recorded with Pima County Recorder Office on
                                                                             s

October 25 2000 in Docket 11411 at Page 1616 A 0 acre portion of the Marana District Park
                                                 720
                                                                                     050
                                                                                  No 1999
is needed for the Silverbell Road        Sanitary   Sewer   Interceptor Project

                                              ATTACHMENTS


Exhibit A    Legal description      Exhibit A I      location map


                                           RECOMMENDATION


                                   and                                      720
                                                                            0 acre   portion   of the Marana
Staff recommends        approval        adoption of the designating     a


District Park   as   Silverbell Road   way
                                       of
                                       rights

                                           SUGGESTED MOTION


Imove to    adopt    Resolution No 2007
                                   174




Resolution 2007 Silverbell Road RW
           174                                                                                    09128107MF
                                                   174
                              MARANA RESOLUTION NO 2007




RELATING TO REAL ESTATE APPROVING AND AUTHORIZING THE DESIGNATION
OF A 0 ACRE PORTION OF THE MARANA DISTRICT PARK AS SILVERBELL
     720
ROAD         PUBLIC    OF
                       WAY
                       RIGHTS                            AS    NEEDED       FOR       THE      SILVERBELL       ROAD
                                      050
SANITARY SEWER INTERCEPTOR PROJECT NO 1999


                          the                 of                   of the Marana District Park locat6d east of
          WHEREAS               ownership            a
                                                         portion
Silverbell Road     was   transferred   to    the Town of Marana            by   Charitable Gift Deed from Ranch
                                                              Recorder Office
                                                              s                           October 25   2000   in Docket
Holdings LLC recorded           with Pima      County                                on


11411 at Page 1616 and



          WHEREAS         a   0
                              720   acre
                                             portion      of the Marana District Park is needed          as   Silverbell

Road                          the Silverbell Road        Sanitary     Sewer Interceptor     Project   No 1999
                                                                                                         050
       rights for
       way
       of

       NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the Town of
Marana Arizona that the subject 0 acre portion ofthe Marana District Park is designated as
                                 720

public rights of Silverbell Road as needed for the Silverbell Road Sanitary Sewer
       of
       way
Interceptor Project the area of designation is more specifically described in the attached legal
               and location map attached             Exhibit A and A 1
description                                     as




          PASSED AND ADOPTED                 by   the    Mayor     and Council ofthe Town of Marana            Arizona
        1h
this 16      day of October     2007




                                                              Mayor   Ed Honea




APPROVED AS TO FORM                                           ATTEST




Frank              Town                                               Jocelyn    C   Bronson   Town Clerk
        Cassidy           Attorney
                                                                                                                                      R Set Nc 192
                                                                                                                                      W     s




                                                                                                                 December 11 2002
                                                                           EXHIBIT A                                EEC No 20079
  civil   engineeting
                                      DESCRIPTION OF PARCEL TO BE CONVEYED FROM
                                              PARK SITE TO RIGHT
                                                           WAY
                                                           OF

    environmental
              services
                          Thatportion of Section 35 Township 12 South Range                          12   East Gila    and Salt River

                          Meridian Pima County Arizona described as follows

                                    COMMENCING          at the    South    Quarter 4
                                                                           OneS 1 comer of said                           Section
      flood control
                                                                                                                                      35
      and drainage
                                            52116
                                   THENCE N 89E                       along the South Line ofthe Southeast               Quarter
                                                                                                                         One
                          SE 1 ofsaid
                             4                Section 35     a   distance of 139 feet4
                                                                              99


                                            30
                                   THENCE N 20007 W 408 feet to
                                                    98                                                  of curvature of
   land surveying
                                                                                            a   point                        a
                                                                                                                                 tangent
                          curve concave   to   the   Southwest

                                  THENCE Northwesterly along the arc of said curve to the lef having a
           landscape     radius of 2 feet and a central angle of13
          architecture              150
                                    00                            26
                                                                  35for an are distance of 504  44
                         feet to a point of
                                            tangency

                                  THENCE N 33W 1
                                           034
                                           05  38
                                               271                                  feet
natural    resources



                                  THENCE N 56025 E
                                           55                        along      a   radial Line of the    next described       curve a

                         distance of 75 feet
                                     00               to a   point   on   the   arc   of a non                                        the
                                                                                           tangent           curve concave       to
    transportation       Southwest

                                  THENCE
                                          Northwesterly along the arc of said curve to the let having a
           water and
                         radius of 1 feet and a central angle of 29for an arc distance of 529
                                    00
                                    030                             42
                                                                    28                            93
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      TOWN COUNCIL
                                          TOWN               MARANA                                              7

          MEETING                                     OF                                       11   MARAN        7



      INFORMATION
                                                                                                      1Z



     MEETING DATE              October     16   2007                   AGENDAITEM                   3
                                                                                                    1


                     TO       MAYOR AND COUNCIL


                  FROM        Barbara     Johnson    Director ofPublic 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
thedesign construction and maintenance of the Barnett Linear Channel Improvement Project
the Project and the District has expressed its desire to cooperate in the   as well The
                                                                                            project
Project   consists of the   design    and construction of             two hundred foot wide
                                                                  a
                                                                                               drainage              channel
beginning    at Interstate 10 and     generally following        the                        of Barnett Road west
                                                                       existing alignment
ending    at the confluence ofthe Santa Cruz River


The attached                                         establishes the District commitment to
                  intergovernmental agreement                        s                                       a   financial
contribution in the     amount   600 to be used towards the cost of the Project Upon its
                                 of
                                 000
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 approving and authorizing the
                                                       175
execution ofthe    intergovernmental agreement with Pima County Regional Flood Control District
to   provide for partial funding ofthe Barnett Linear Channel Improvement Project

                                            S
                                            ATTACHMENT
Intergovernmental agreement       with the Pima      County Regional        Flood Control District

                                          SUGGESTED MOTION

I move to   adopt              175
                    Resolution 2007




fOO006479
DOCI
                                                                                                            CIH 1010510 7

                                                     Page   I   ofI
                                                  175
                             MARANA RESOLUTION NO 2007




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          R 240
                                                            S
                                                         by A9 to construct and keep in re
pair    such bridges    viaducts tunnels culverts drains     and cesspools and regulate their use
                                                                sewers

and


          WHEREAS          the  County Regional Flood Control District is authorized by
                                  Pima
A 48 to contract and join with any other flood control district municipality political
S
R 3603
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 ofthe
Barnett Linear Channel Improvements consisting offlood control improvements
                                                                            beginning at Inter
state10 on the east generally following the existing alignment of Barnett Road west until                         at
                                                                                                      ending
the confluence ofthe Santa Cruz River and


          WHEREAS the District has indicated their intent to               provide funding   in the   amount      of
000
600 to the Town             to be applied towards the costs of
                                                              design and construction ofthe        Project       and


          WHEREAS the        Mayor     and Council ofthe Town ofMarana 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         Exhibit A is
              as
                                  hereby approved and   the   Mayor is hereby authorized   to execute it for and
on   behalf ofthe Town ofMarana


          IT IS FURTHER RESOLVED that the Town
                                          s Manager and staff are                       hereby directed    and   au

thorized to undertake all other and further tasks                      beneficial to carry out the terms
                                                      required    or
                                                                                                           obliga
tions   and   objectives   ofthe   intergovernmental agreement




DOC
00006480                                                                                               CIH 513010 7
         PASSED and ADOPTED          by   the   Mayor   and Council ofthe 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




DOCI
00006480                                                                                     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 ofthe State of Arizona and the Town ofMarana amunicipal subdivision ofthe
State ofArizona pursuant to Arizona Revised Statutes                            R
                                                                                AS      Section 11
                                                                                                952

                                                              Recitals

A        The Pima       County Regional         Flood Control District          District     is authorized  by
         R
         A
         S              3603
                        48 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 ofMarana    Town is authorized by A 9 to construct and keep in
                                                      S
                                                      R 240
         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 offlood control improvements beginning at
         Interstate 10     1 10        the east       generally following       the
                                  on
                                                                                      existing alignment of Barnett
         Road west until      ending     at the confluence ofthe Santa Cruz River                 the Project

D        The       find it necessary to
                parties                               enter   into                                             for the purpose
                                                                     an
                                                                          intergovernmental agreement
         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 ofthe         Agreement     is to   set   forth the      responsibilities   of the             for the
                                                                                                 parties             design   and
construction ofthe        Project
SECTION 2 THE PROJECT

The Project consists ofthe design and construction of a two hundred foot wide drainage channel
beginning at Interstate 10 1 10 and generally following the existing alignment ofBarnett Road
west   until   ending   at the confluence ofthe Santa Cruz                 River                                in Exhibit A
                                                                                   as more
                                                                                             fully depicted
DOC
00004131                                                       Page    I of 6                                         10
                                                                                                                      07CIH
                                                                                                                      8
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                        s
                                                             of 600 as the District contribution                                the
                                                                00
                                                                000                                                        to

cost of the Project


SECTION 4 VESTING OF TITLE AND MAINTENANCE

Upon completion ofthe Project title to the Project improvements constructed as a result ofthe
Agreement shall vest in Town and Town shall be responsible for the continued operation and
maintenance ofthe improvements

SECTION 5 EFFECTIVE DATE AND DURATION OF AGREEMENT

5
1        This agreement shall be effective on the date of recordation ofthe                                     executed
                                                                                                    original
         Agreement with the office ofthe Pima County Recorder
2
5        This agreement may be executed in multiple counterparts each ofwhich shall for all

         purposes be deemed an original and all of which taken together shall constitute one and
         the   same    agreement
3
5        This                      shall remain in effect until the
                Agreement                              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 ofthe parties

SECTION 6 LEGAL JURISDICTION

Nothing in     this   Agreement       shall be construed   as   either   limiting    or
                                                                                          extending     the   legal jurisdiction
ofDistrict     or   Town


SECTION 7 NO JOINT VENTURE

It is not intended          this
                       by          Agreement to be construed        to create any      partnership joint         venture   or


employer relationship between District and Town No party shall be liable for any
employee
debts accounts obligations nor other liabilities whatsoever of any other party as a result ofthis
Agreement including without limitation                 any   party obligation to
                                                             s                              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                                 third party
                                                                           or   entity as   a
                                                                                                              beneficiary
SECTION 9 COMPLIANCE WITH LAWS

The parties shallcomply 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 ofthis
Agreement and any disputes hereunder Any action relating to this Agreement shall be brought in an
Arizona court

        9
        1           Discrimination
                    Anti The                          provisions     of A
                                                                        S
                                                                        R                 41 and Executive Order
                                                                                          1463
                    Number 99 issued
                           4                   by the Governor ofthe State ofArizona                 are
                                                                                                           incorporated by this
                    reference      as a
                                          part of this Intergovernmental Agreement
        2
        9           Americans with Disabilities Act This                   Agreement         is   subject     to all   applicable
fOO00413I
DOC                                                        Page   2 of 6                                               07
                                                                                                                       10 CIH
                                                                                                                       8
                   provisions ofthe Americans with Disabilities Act Public Law 101 42 U
                                                                               336       C
                                                                                         S

                   12101 and all applicable federal regulations under the Act including 28 CFR
                   12213
                   Parts 35 and 36


SECTION 10 FORCE MAJEURE

A   party shall                         Agreement if it does not fulfill any ofits obligations under
                  not be in default under this

this Agreement because it is prevented or delayed in doing so by reason ofuncontrollable forces The
term uncontrollable forces shall mean for the purpose of this Agreement any cause beyond the

control ofthe 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 ofdue 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 ofany breach of any term covenant or condition herein contained shall not be
deemed awaiver of any other term covenant or condition or any subsequent breach ofthe 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 ofthe

                   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 ofthe
                   nature ofthe         allegeddefault 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 ofInterest This                              is                the                    of
                                                         Agreement             subject to         provisions
                   R
                   A
                   S             38
                                 511          relating   to   potential   conflicts ofinterest

         3
         12        Non It is acknowledged that notwithstanding any other provision
                   i1ppropriation
                   contained herein this Agreement may be terminated if for any reason the Pima

                   County Flood Control District Board of Directors or the Town ofMarana Mayor
                   and Council fails to appropriate sufficient monies for the purpose ofmaintaining
                   this Agreement In the event ofsuch 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

         1
         13        Indemnity               indemnify defend
                                    Town shall                                    and hold    District       its               board
                                                                                                                   governing
                   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 ofwhatsoever kind and nature

                   resulting     from    or   arising    out   of anyact or omission ofthe 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                                             10CIH
                                                                                                                           8
                                                                                                                           07
                   connection with            incident to the                     ofthis   Agreement
                                         or
                                                                performance
         13
         2         Notice District shall        notify Town     in   writing   within         receipt
                                                                                        thirty 30 days     ofthe
                   of any claim demand suit or judgment against the receiving party for which the
                   receiving party intends to invoke the provisions ofthis Article Each party shall
                   keep the other party informed on a current basis ofits defense of any claims
                   demands suits or judgments under this Article
         3
         13        Negligence ofindemnified party The obligations under this                       Article shall not
                   extend to the negligence of the indemnified party its agents                    or
                                                                                                        employees
         4
         13        Survival                          This Article shall survive the      termination cancellation
                               of termination                                                                               or


                   revocation    whether in whole or in part of this              Intergovernmental Agreement
SECTION 14 INSURANCE

                                                                   insured
Each party to this agreement acknowledges that the other party is self and warrants that
such self insurance fully covers that party liability regarding the Project
                                      s
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             ofthe Town   on completion ofthe Project except                 for those

copies maintained by District for its records             Within six months after          completion     of Project the
Town shall               to            built
                              District as original                             ofthe   Project   at no cost to   District
               provide                                          drawings
SECTION 16 INSPECTION AND AUDIT OF RECORDS

The   appropriate designated representatives ofany party may perform                    any inspection ofthe      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                    ofthe                         the
                            provision                Agreement    or
                                                                             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           ofthe agreement        are

severable

SECTION 18 REMEDIES

Any dispute arising         under this       Agreement     shall be     subject   to arbitration in accordance with
A
S
R            12 amended
             1518


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     ofPublic Works
                   115 5 5 W Civic Center Drive

0000413 LDOC                                               Page   4 of 6                                          07
                                                                                                                  10 CIH
                                                                                                                  8
                  Marana   AZ 85653


                  Pima County    Re2ional Flood Control District
                                C Cawein Deputy Director
                  Christopher
                  Pima   County Regional Flood      Control District
                                   rd
                  97 E   Congress 3 Floor
                  Tucson Arizona 85701

       In Witness Whereof the Town has caused this Agreement to be executed by the Mayor
upon resolution ofthe Mayor and Council and attested     by the Town Clerk and the District has
                                                      to

caused this Agreement to be executed by the Chairman ofits Board of Directors upon resolution
ofthe 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                                            Ed Honea   Mayor

ATTEST                                                                ATTEST




Clerk ofthe Board                                                     Town Clerk




DOC
100004131                                             Page   5 of 6                                 10 CIH
                                                                                                    8
                                                                                                    07
                                     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 ofA S
                                                                       R           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            Flood Control District                  Town ofMarana
       County




Deputy County Attorney for   the District               Town    Attorney




                                                       6 of 6                                      10 CIH
                                                                                                   8
                                                                                                   07
00004131
DOC                                             Page
     TOWN COUNCIL

          MEETING
       INFORMATION


     MEETING DATE                October
                                              TOWN OF MARANA



                                              16   2007                     AGENDAITEM
                                                                                                       io
                                                                                                        9WARANA17




                                                                                                          4
                                                                                                          1
                                                                                                           Zo




                        TO       MAYOR AND COUNCIL

                  FROM           Frank      Cassidy   Town        Attorney
               SUBJECT           Resolution No 2007
                                               176                      Utilities approving and au
                                                                          Relating   to

                                               the                to execute       Common Interest in
                                                                                        Anticipation
                                 thorizing     Mayor                           a

                                 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            that            discussions and                   among the entities
                                            assure
                                                             legal                        strategies
seeking 2017 Hoover power allocation remain confidential the Arizona Power Authority has
           a

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               and executed          behalf of the     Town       the agreement would allow the Town to par
     approved                    on


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    ofResolution No       2007 approving and authorizing the Mayor
                                                          176                                                             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
                                                         176
                                    MARANA RESOLUTION NO 2007



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       receive Hoover power obtain that power under the most favor
                                    entitled   to

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 ofthe Town ofMarana 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 ofthe Town of Marana
                                             s
             IT IS FURTHER RESOLVED that the Town                       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      ofthe   intergovernmental agreement
             PASSED and ADOPTED                     by the Mayor   and Council ofthe Town ofMarana Arizona this
16th    day   of October 2007



                                                                                        Mayor Ed Honea
ATTEST




Jocelyn      C Bronson Town Clerk


APPROVED AS TO FORM




Frank    Cassidy      Town     Attorney

DOCI
f00006430                                                                                                        cds
                                                                                                                 FJC 1012107
                                                    September 10    2007




                                       NOTICE OF AVAILABILITY OF
                                    COMMON INTEREST AGREEMENT
                          ARIZONA POWER AUTHORITY COMMISSION




Notice ishereby given to the general public that the Arizona Power Authority has available for
                                                                                   2017
review and signature the Common Interest Agreement Agreement related to the Hoover Post

marketing process Information concerning the Agreement may be obtained from the Authority
                                                                                  s
                              542
                              4263
Legal Counsel Douglas Fant at 602 or 602       5098
                                               770


Marketing Process         The      current federal Hoover power contracts with the Western Area Power
Administration      Western        including the Authority contract will expire on September 30 2017
                                                  s
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               is available and may be provided by the Secretary at office of the
                     Agreement
Authority    at 1800 West Adams Street Phoenix Arizona     85007   Alternatively an electronic
version is available    on   the   Authority web
                                   s                   site at www
                                                               org
                                                               powerauthority




Rita K Gallant       Secretary


100
A315Avail Comm
Notice                   IntAgrmt9   1007
             COMMON INTEREST IN ANTICIPATION OF LITIGATION JOINT
                                     PARTICIPATION AGREEMENT




                                                                        Joint   Participation Agreement
         This Common Interest In         Anticipation Of Litigation
                                  is entered into   by    and among the undersigned entities individually
hereinafter Agreement
Member and collectively             Members         or   the Common Interest Group as represented by
                                    counsel This                                   certain   understandings
their respective undersigned                          Agreement memorializes
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
                                      participate in a federal process or processes conducted by
                                 preparing   to

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 617 C
                                                                          S                                 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 RDF
                                                                                 441

D Nev 1982 and the high level of interest already expressed in the anticipated electric
C
                                                                      that the Hoover                         result
power contracts the Common Interest               Group anticipates                     Proceedings may
in litigation


         The Members             their counsel wish to work cooperatively and to pursue their
                           through
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
             clients of matters of common       concern in this undertaking is essential to the effective
respective
representation     of their respective clients      and therefore   the Members agree        as   follows


              understandings which are the subject ofthis Agreement are to further the
          These
Members common legal interest that the State ofArizona 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 or attorney work product privilege or other protection from disclosure
            client
to third parties which may be otherwise available Accordingly it is the intention and
                   ofthe Members and their counsel that all work                                    of or communications
understanding                                                                            product
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
            and implementation of common strategies whether offensive defensive                                            or
development
negotiation including but not limited to information and communication contained in
related
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 and attorneys work product privileges Privileged
                         client
Communications A client set consists of a Member the Member agent for
                                                     s

communication the Member counsel and the counsel agent This Agreement however
                  s                       s                                                                                      is not
             Communications
Privileged

         All work                             the   undersigned       counsel and their      respective     firms and
                        performed by
consultants pursuant      Agreement and communications among the undersigned counsel and
                            to      this
their consultants and clients in connection with this undertaking shall be conducted and
                  or

protected pursuant to the attomey privilege and
                          client                                            work       product    doctrine   as   recognized      in
Arizona


         The Members              and agree that this Agreement is intended to facilitate the
                               acknowledge
exchange ofinformation and ideas among counsel and employees assistants and professionals
engaged from time to time by any of them which exchange ofinformation and ideas is deemed
essential   to   development of a common strategy or strategies both offensive and defensive or
                 the

negotiation with respect to the Hoover Proceedings Any Privileged Communications
related
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        ofthe Privileged Communications Each Member agrees to maintain the
confidentiality        ofall 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                                    result of this  Agreement shall be disclosed to third parties
                   professionals           as a


without the      consent of the undersigned              Members and counsel


         Modifications ofthis               Agreement can           be made if such modifications           are   in   writing   and   are


signed by    all ofthe 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   their counsel may be added to the Common Interest Group as Members of this
                 well   as


Agreement subsequent to October 26 2007 upon execution ofthis Agreement and with the
unanimous written consent ofall counsel then signatories to this Agreement and upon execution
of an addendum to this          Agreement Additional Members and their counsel executing an
addendum         to   thisAgreement 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 request or demand for disclosure of
                                                              party
Privileged Communications subject to this                    Agreement shall report such request forthwith to             all
                                                                            and
                                                                          legal processes          to   maintain the
signatory counsel and shall utilize all reasonable                  means


confidentiality         ofsuch      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      Agreement upon that Member counsel
                                               withdraw from this       s

giving                                                         Agreement Withdrawal shall be
          written notice to all other Members and counsel to this
effective as of the date ofthe 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                 completion of the
                                                                    shall remain in effect until
Hoover      Proceedings  any litigation to
                                or                        final non judgment or to final negotiated
                                                                appealable
resolution related to such proceedings whichever is later All                   Privileged Communications
             to a Member or            counsel shall be     returned if requested by the furnishing Member or
provided
s
Member           counsel       at   the conclusion thereof


        By signing this Agreement each of the undersigned counsel certifies that the contents of
                                             s
this Agreement have been explained to each counsel respective client and that each client
                                                                 s
           a Member by execution of this Agreement          to abide
becoming                                             agrees          by the understandings
reflected herein Nothing contained herein shall be deemed               client
                                                           to create an attorney

relationship or
                duty of loyalty between any counsel and anyone other than the client ofthat
counsel either expressly or by implication


            Each Member             executing    Agreement also certifies that it has relied upon the advice of
                                                 this
its   own   counsel         and also   knowingly waive any and all claims of conflict of interest that may
                                                 s
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

             Agreement is effective in its original form as ofthe date ofexecution indicated next
            This
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 ofexecution by that new Member and its counsel

This Agreement may be executed in multiple counterparts each signature being made part of the



                                                                    3
whole                    if executed            document    Original facsimile   and electronic   signatures
        Agreement   as                 as one

are   sufficient and may be   employed     to execute   this Agreement



                                                                                                               7
Member       Town   of   Marana

By      Ed   Honea

Its     Mayor                                                             t




Member                                                              Counsel                           Date

By
Its




Member                                                              Counsel                           Date

By
Its




Member                                                              Counsel                           Date

By
Its




Member                                                              Counsel                           Date

By
Its




Member                                                              Counsel                           Date

By
Its




      Final
A315I OO Common Interest   Agreement 9 10 07




                                                         4
                                                                                                           N   0


   TOWN COUNCIL
                                                                                                         AS
          MEETING
      INFORMATION
                                              TOWN OF MARANA

                                                                                                    ko
                                                                                                 11 N               7




MEETING DATE                     October      16    2007                  AGENDAITEM                     5
                                                                                                         1



                       TO        MAYOR AND COUNCIL


                 FROM            C Brad                    Utilities Director
                                             DeSpain

             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 9 to
                                                                                      S
                                                                                      R 463  06
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     ofthe Revised Town ofMarana                  Drought
Preparedness Plan

                                              SUGGESTED MOTION

Imove to   adopt Resolution          No 2007
                                        177




BLURevised             Plan
             Drought                                                                                06
                                                                                          101512007 1 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     ofWater Resources    required all            water               to have
                                                                                                        providers
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 and
                    184

         WHEREAS the Marana Water          Department has been working with members ofthe Water
Conservation Alliance ofSouthern 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     determine the different stages of drought responses instead of the Climate
              to

Assessment Project for the Southwest Climas and


         WHEREAS the     Mayor and Council        find that   language in the Plan relating to Stage 4 drought
should              be conformed to A
         properly                   R
                                    S             463 relating to moratorium
                                                  9
                                                  06                                  adoption and

         WHEREAS the     Mayor     and Council find that the     drought responses and measures set                 forth in
the Revised Town ofMarana                                     Plan         in the best interests ofthe Town and its
                              Drought Preparedness                   are

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                     177
          Drougbt Plan Reso 2007                                                   10 1PM APM
                                                                                   2007 26
                                                                                   5       FC
                                                      2
              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 assured water supply designation from the State of Arizona
                    year
Additionally Marana has been steadily working toward the use ofrenewable 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 drought cycle therefore Marana feels it is important to have a Drought Preparedness
year
Plan in place that can respond to a reduction of our available water supply due to a drought


s
Marana    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
s
Marana 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            information from the Arizona             Monitor   ADM   which   brings
                           use
                                                                Drought
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
                                                     policy and the public The MTC
                                           land managers
                                                     makers
determines   drought    conditions based   monitoring data tracks changes in weather and physical
                                             on


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 mission is to improve the ability of the region to
                                      s
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 ofstakeholders at the local state
national    and international levels


s
Marana      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              initiated The stages are determined when any two triggers are
                       measures are


present    1 ArizonaDrought Monitor percent of average precipitation for the water year 2
Arizona Drought Monitor 3 decline of the overall groundwater levels and 4
                           Annual                                                      The
number of consecutive days over 100 degrees


Stage   One  Moderate is initiated         when any two ofthe triggers are present 1 Arizona Drought
Monitor    percent of precipitation        for the water year is 70 to 90 of normal 2 Arizona
Drought                  2
              Monitor is D severe               drought      3 The annual decline ofthe overall            groundwater level
is           0         4
     between 1 feet to 2 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
                      s
strengthen Southern Arizona conservation ethic                           Marana will work with its neighboring water
           to look at cooperative efforts that include
providers                                              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 extreme drought
                             3                       3 The annual decline of the overall

                             5
groundwater level is between 2 feet to 3 feet 4 Over 60 consecutive days of 100 degrees
                                       9
In Stage Two Marana requests customers to limit
                                                 landscape irrigation to two days per week
between 8p and 8
        00 m   00                         a
                                          m as        well avoid other outdoor water uses for example hosing
                                                             as

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 ofthe     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 exceptional
                                      4                              3 The annual decline ofthe overall      groundwater
                 0
level is between 4 feet to 4 feet
                           9                               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 pand
        00 m                       8m
                                   00 a         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      is initiated when any two of the triggers are present 1 Arizona Drought
                   Crisis
Monitor percent of precipitation for the water year is 25 of normal 2 Arizona Drought
           4
Monitor is D exceptional 3 The annual decline of the overall groundwater level is 5 feet or
                                                                                  0
         4 Over 90 consecutive                 days   of 100      degrees     Under                      Marana will             the
more
                                                                                      Stage Four                         begin
process      set                                            06
                                                            463
                   forth in Arizona Revised Statues section 9 to consider                                adopting   a   moratorium
on the issuance of
                   permits and               approvals for new water uses and activities
                                                                consuming                                                  Marana
will consider        instituting    a   drought surcharge to Tier 3 and Tier 4 ofthe 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 and 8
m     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


                                         Measures
Drought Responses
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            2
                       Monitor D              Work with                        Water Providers
                                         0
                                                            Neighboring
Overall Groundwater Levels
1
0       2 annual decline
        4
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                         00 m    00 m
                                              8 p and 8 a
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
5
2       3 annual decline
        9                                     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 ofthe Rate Structure

average     precipitation                0
                                              Request              Voluntary Water Reduction Measures
                                                          Additional
for water year 25 50                          Limit                                                  00
                                                      Landscape Irrigation to I day per week between 8
                        4
Arizona Drought Monitor D                     p and 8 a
                                              m        00 m
Overall Groundwater Levels                    Pools not be filled
0
4       4 annual decline
        9                                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
                                              Work with                         Water Providers
                                         9
                                                            Neighboring
Stage   4     Severe                                                                      moratorium
                                              Begin statutory      process to     adopt                         water
                                         0                                                             on new

Arizona Drought Monitor                       consuming         uses


average precipitation                    0    Institute   Drought Surcharge        to Tier 3 and 4 ofthe Rate
for   water year   less than 25               Structure in addition       to   Tier 5
Arizona     Drought            4
                       Monitor D              No Potable Water for Construction
Overall Groundwater Levels               0
                                              Request Additional Voluntary Water Reduction Measures
5 and
0           more   annual decline             Limit Landscape Irrigation ONLY to trees and shrubs I day
Over 90 consecutive         days   of                                  00 a
                                              per week between 8 p and 8
                                                               00 m       m

100    degrees                                                   ofturf or
                                              No   irrigation                  ground   covers


                                              Continue     to          County to put Ordinances in place
                                                                work with
                                              Continue     Overall Water Management Efforts to Use
                                              Renewable Water Supplies
                                              Work with                         Water Providers
                                                            Neighboring
    TOWN COUNCIL
       MEETING
     INFORMATION


    MEETING DATE
                                               TOWN OF MARANA



                                     October 16 2007                       AGENDAITEM
                                                                                                       SN
                                                                                                       @P


                                                                                                         6
                                                                                                         1
                                                                                                          1




                                                                                                        Aklzu
                                                                                                              A




                         TO          MAYOR AND COUNCIL


                   FROM              Richard Vidaurri Chief ofPolice


                SUBJECT                            178
                                     Resolution No 2007             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

                Department MPD has been involved in discussion and planning with the
The Marana Police
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

                                                                                array of criminal
                                                                      to a wide
WAN for criminal                purposes This would allow MPD access
                          justice
justice information        while PCSD would remain responsible for providing and maintaining the
hardware and software                       for    supporting    the services available   through     the WAN
                                required

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
                                                                           the network                    MPD will be
providing a secure communications path                      to   access                     Moreover
responsible for purchasing and maintaining                 any per licensed software used
                                                               user                                    by MPD

                                                       ATTACHMENT


Wide Area Network and Law Enforcement Software                            Participating Agency   User Agreement


                                                   RECOMMENDATION


Staff recommends the           adoption of Resolution No 2007 approving and authorizing the
                                                         178
Marana Police           Department to execute the User Agreement with the Pima County Sheriffs

Department

                                                  SUGGESTED MOTION


I   move   to   adopt   Resolution No 2007
                                      178




                                                                                                                  10
                                                                                                                  07JF
                                                                                                                  8
DOCI
tOO006488
                                                     178
                                MARANA RESOLUTION NO 2007



                                                            THE
RELATING TO THE POLICE DEPARTMENT APPROVING AND AUTHORIZING
                                                          AND LAW
MARANA POLICE DEPARTMENT TO EXECUTE A WIDE AREA NETWORK
              SOFTWARE USER AGREEMENT WITH  THE PIMA COUNTY SHER
ENFORCEMENT
IFF DEPARTMENT
S


        WHEREAS the Marana Police Department and the Pima County Sheriff s Department desire
                                                                             access to a wide array of
to enter into a user agreement that will allow the Marana Police Department
                                       the use ofthe Pima County  Sheriff s Department Wide Area
                                                                            s
criminal  justice information          through
Network        and


         WHEREAS the            Mayor and Council      ofthe Town of Marana feel it is in the best interests of

the            to   enter into this agreement
      public
                                                                                           COUNCIL OF THE
       NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND
TOWN OF MARANA that the Wide Area Network and Law Enforcement Software User Agree
                                                                                           attached to
ment between the Marana Police Department and the Pima County Sheriff s Department

and incorporated by this reference in this resolution as Exhibit A is hereby approved and the Marana
                                        authorized to execute it for and        behalf ofthe Town of Marana
Police   Department       is   hereby                                      on




       IT IS FURTHER RESOLVED that the Town Manager and staff are hereby directed and au
                                                 s
thorized to undertake all other and further tasks required or beneficial to carry out the tenns obliga

tions and      objectives      ofthe   intergovernmental agreement
                                                                                              Town ofMarana
          PASSED ADOPTED and APPROVED by the Mayor and Council of the
Arizona this 16th day of October             2007




                                                                           Mayor   Ed Honea



ATTEST




           C    Bronson        Town Clerk
Jocelyn

APPROVED AS TO FORM




Frank    Cassidy      Town Attorney




                                                                                                       JF 101810 7
DOCII
00006489
                                                 Wide Area Network and
                                               Law Enforcement Software

                                         Participating Agency               User   Agreement
     This                is entered into this Ist
             agreement                              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                              and continue until either party
                                                                                   agreement
  gives thirty written notice of termination
        day

                                                           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                    the
                         provide         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 accessible from the
                                                                                                rvices
 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
   Federal and Arizona laws and regulations relating t6 the collection storage or dissemination of criminal
 all
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 with all rules and
                                                                                NCIC
regulations adopted by the Arizona Criminal Justice Commission for ACIC and with all rules policies and
procedures ofthe National Law Enforcement Telecommunications System of ACIC and ALETS
                                                                              NCIC            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                       assumes full
                                                                       Participating Agency                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 Department Wide Area Network
                                        s                                        by equipment maintained
by     the   Participating Agency
                                                          ARTICLE VI


  The  Participating Agency agrees to comply with all of the FORCE Standards Committee and with
                                                   policies
  rules and  procedures adopted by PCSD relevant to access and use ofsoftware listed in this agreement This
  includes insuring agency users have been adequately trained PCSD periodically conducts basic and
            that
  advanced Spillman software user training at the Sheriff Headquarters Building The Participating Agency
                                                  s
  may use PCSD provided training if space is available


                                                         ARTICLE VII


  PCSD will   charge   no   licensingl   access   or   service fee for the   of software Information or the Pima
                                                                             use

 County Sheriff Department Wide Area Network under the
        s                                                                       of this users agreement
                                                                             terms                         PCSD is
 responsible for providing and maintaining             all hardware and software required for supporting the AC31S
 network interface the Spillman software and             all otherservices 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 Information
                                                                               s
Systems       Technology Unit Such equipment provided and maintained by the Participating Agency
           CSUs
 includes 15SU routers switches personal computers printers etc

                                                                                   s
 The Participating Agency is responsible for providing a secure path to access the Sheriff
                                                         communications
 Department Wide Area Network The minimum approved circuit is a dedicated Pointbetween
                                                                          PointT
                                                                          1
                                                                          to
 theParticipating Agency the
                  and                    Pima   County   Sheriffs   Department Computer Room        at 1750 East Benson
 Highway Tucson Arizona

 The   Participating Agency   is   responsible for purchasing   and   maintaining    any per licensed
                                                                                         user             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
                                 s
convenience of the Pima County Sheriff Department



AUTHORIZING SIGNATURES


            s
Pima County Sheriff Department




        Ted Martin                                                    Date
        Systems      Programming Manager


Marana Police Department
                                                                                                                    N


   TOWN COUNCIL
         MEETING
      INFORMATION


 MEETING DATE                        October
                                                   TOWN OF MARANA



                                                   16    2007                 AGENDAITEM
                                                                                                             @Utih
                                                                                                              11   NIA
                                                                                                                   MA
                                                                                                                   41


                                                                                                                   7
                                                                                                                   1
                                                                                                                        I
                                                                                                                              7




                        TO           MAYOR AND COUNCIL


                   FROM               Gilbert     Davidson Deputy Town Manager

               SUBJECT                              164
                                      Resolution No 2007     Relating to Public Works approving
                                      and authorizing proposed alignment for the future Tangerine
                                                             a

                                      Road Interchange scrivener error from September 18 2007
                                                       s
                                      meeting

                                                           DISCUSSION


At the September 18 2007 Council meeting Mayor and Council approved the ITangerine
                                                                         10
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
                                                                                      continued until after the Council
Negotiations relating           to possible Tangerine TI alignments
                                     the
                                                                                      the resolution drafted for the item
agenda materials        were
                             prepared and distributed Unfortunately
was   not   revised to take into account the discussion and action                    by    the   Mayor       and Council at the

              itself                         the resolution           it   was ultimately   executed did           not      refer   to   the
meeting                Consequently                              as


correct map


                                                                                            TI                              discussed    by
This corrected resolution            now    refers to the    appropriate Tangerine               alignments        as


the   staff   affected property and              Mayor   and Council at the      September 18          2007   meeting

                                                         ATTACHMENTS


                        164
Corrected Resolution No 2007                             adopting     ADOT Marana 2              as   the   preferred option             and

Marana Preferred          Option       2    as   the   backup

                                                       RECOMMENDATION


Staff recommends                           ofthe corrected Resolution No 2007
                                                                         164
                          adoption

                                                       SUGGESTED MOTION


I move to      adopt                           164
                       corrected Resolution No 2007




DOCI
00006503
                                                                                                                        17
                                                                                                             10191200 7 2 PM FJC
Corrected Tangerine TI Design
                               MARANA RESOLUTION NO                                  164
                                                                                     2007



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                                                effective way to achieve such
                                                        interchange is the most                                                    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                  flow
                                                       traffic circulation to all commercial                    entities bridges
            West and East            Marana                    that other    proposed interchanges         in Marana        are    not
together                                          ensures


impacted     and minimizes railroad              impacts for
                                                 delays                     commuters and


          WHEREAS the Town has consulted with the Arizona                              Department        of Transportation to
                                                                                             for        outer loop corridor
ensure    that the   interchange      is   compatible        with their   long range plans         an




    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 ofthe 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                                                                                                                25PM KEBIFJC
                                                                                                          10191200 7 2
                                                           OF THE TOWN OF
    PASSED AND ADOPTED BY THE MAYOR AND COUNCIL
                                              a scrivener error correction
                      1h
                                                s                          to the
MARANA ARIZONA this 16 day of October 2007 as
resolution    as   originally adopted   on   September 18 2007



                                                    Mayor   Ed Honea



ATTEST




          C   Bronson     Town Clerk
Jocelyn

APPROVED AS TO FORM




Frank   Cassidy      Town   Attorney




 DOC
 00006504
                                                       2
         imp




5
j
g

                                CL


               w




    XX




                            I




                       It




                   p
                              MINUTES OF REGULAR COUNCIL MEETING
                                  MARANA MUNICIPAL COMPLEX
                                                                        2007
                                            DATE      September 18

    PLACE AND DATE
    Marana    Municipal Complex

A CALL TO ORDER AND ROLL CALL
                           00 m
                  Honea at 7 p
    By Mayor

    COUNCIL
                                                                                    Present
    Ed Honea                                     Mayor
                                                 Vice Mayor                         Present
    Herb Kai
                                                 Council Member                     Present
    Russell   Clanagan
                                                 Council Member                     Present
    Patti Comerford
    Tim Escobedo                                 Council Member                     Present
                                                 Council Member                     Present
    CarolMcGorray
                                                 Council Member                     Present
    Roxanne Ziegler



    STAFF
                                                 Town                               Present
    Mike Reuwsaat                                     Manager
                                                                                    Present
    Gilbert Davidson                             Deputy Town Manager
                                                 Town Attorney                      Present
    Frank Cassidy
                                                  Town Clerk                        Present
    Jocelyn Bronson

                           MOMENT OF SILENCE
B PLEDGE OF ALLEGIANCE AND INVOCATION


    Led                  Honea
          by Mayor

C APPROVAL OF AGENDA


    Upon      motion   by Council Member Comerford seconded by Council Member Escobedo
                                                                                   amendments
    agenda     was   unanimously approved with item number three and all the added
    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 to 7 p
                                                                      00   00 m There

    will be   a   bus   tour to   the quarry dinner and then      a
                                                                      special performance

                                                                                  at the          He stated the rural
    Alan Darrah addressed Council                 regarding   more
                                                                       lighting            park
    transportation       bus needs    to   be   improved   more   sidewalks need to be      added there
                                                                                            and              needs to

    be more services for senior citizens


    David Morales addressed Council and gave names of individuals who he feels should be
                                                                      a water fountain with a
    recognized as founding fathers of the town and suggested building
    brief history       on   each side


                                                              I
                              MINUTES OF REGULAR COUNCIL MEETING
                                  MARANA MUNICIPAL COMPLEX
                                                                         2007
                                          DATE         September 18

E   PRESENTATIONS

       1 Presentation                          proposed rezoning
                                                for                            and minor General Plan
                               by applicant
           amendment          for La Vista Bonita Public Hearing               scheduled for October         2 2007
           Kevin Kish

           Mr Kish     addressed Council and stated thesubject property consists of two parcels
                                                                located at the south side of Moore
           totaling approximately 25 acres and is generally
                                   46
                                                                                                   of
           Road west of the Old Father alignment The applicants propose a change of zoning
                                                                                             of a 15 lot
           the subject property from the Rto the R to allow for the development
                                         144           36
                                                                                     with a vote of 2 to
           subdivision Since the public hearing before the planning commission
                                                                                 reduced the number
           4 denying the project the applicant has redesigned the project and
                                                                  to the existing residential houses to
           of lots from 16 to 15 and proposed lot sizes adjacent
           the south   to a              92
                              minimum of 1            acres



     Tom                                               developer Mr Joe Banks
            Frazer DCC Company who is representing the owner
                             analysis which will be the theme oftheir presentation
                                                                                                    on
     stated there is    a    site
                                                                                    Road
                       The project is bordered by Camino de Oeste on the west Moore
                                                                                                                  on
     October 2nd
     the   North   Old Father Road        on   the east and there is    a   road that has been named       by the
     homeowners        as
                             Majestic Saguaro       request of the homeowners
                                                     Lane On the                                        they have
     taken the project from 21 lots 15 lots On the southern boundary they have lots
                                           to


     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
                                                      town There is a proposed 45 foot
     easement This is based upon a request from the
     dedication        Moore Road and this is also a request from the town There is a total
                   along
     of 1 acres and the                              willing   to dedicate in the   right   of way There is   a   self
        64                          developer   is


     imposed  60 foot buffer on the south This is a moratorium that no house will be closer
                                                                                   with a 25
     than 60 feet The owner has elected to place a moratorium on one story homes
                                                                                     code
     foot maximum height This is a concession and more restrictive than the zoning
     allows

                                                                                                     nd
                                                                                            October 2     The
           n site
           ie      drainage has been designed and will be discussed on
                                                                         and egress is a change
           configuration of the interior road and the two points of ingress
           from the plan The second cul in the middle ofthe property is to preserve a large
                                    sac
                                    de
                                        establish a set of CC They have asked for comments
                                                           Rs
           saguaro The subdivision will
                                        homes                                             There
                                                and there will be no mass grading on the site
           They are
                       planning
                            on
                                      upscale
           will be disturbance limits     presented for each site The site is commensurate with the
           density ofthe       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
                        nd
           October 2         meeting

            Bill Kazaros addressed Council and stated he owns property near the Visa Bonita
                                                                   on their behalf to state that the
            project He stated his neighbors have asked him speak
                                                           to


            property should be            for housing however they are apposed to the
                                      developed
                                                                2
                     MINUTES OF REGULAR COUNCIL MEETING
                         MARANA MUNICIPAL COMPLEX
                                   DATE             September 18        2007
                                   stands            with the developer to resolve
                                                         want to meet
developer plan as
s                       it   now  They
                                               nd
                                                                      the developer has
differences prior to the October 2 meeting He stated up to this point     nd

refused to meet with them to negotiate They are asking that the October
                                                                         2   meeting be
                                                                       to resolve their
                                              have had the opportunity
postponed until their group and the developer
differences


         Honea stated it         was   his     understanding       after   reading      thematerial that they could
Mayor
                                                                                        without asking for a change
build 05 houses to the acre or one house to every two                           acres


in the zoning and asked Mr Frazer if this was correct

                                                                     1
                                                                     3 acres
Mr Frazer stated the zoning is R and if you take a 144 which is
                                144
                                                                   about eight
and divide it by the useable acres which is about 25 you just push
                                                             Road and Old Father
homes That is with a deduction of the dedication on Moore

                                                                     minor general plan
Mr Kish stated he believed what the mayor was referencing is for the
                                                                                     be
amendment If they were to maintain 05 or one unit per two acres then they would not
       to have the minor              amendment but in terms ofthe zoning it is
                                    general plan
required
            R 144 which would                                    acres per lot
currently                              require the           3


Council Member     Clanagan asked Mr Frazer if he had                        a   response to the statement they
have   been unwilling to meet to negotiate differences


                                                                                         all the comments that
                      they have met twice He stated they purged
                                                                                                                     were
Mr Frazer stated
                                                                                                of two One comment
provided    and   they incorporated the comments with the exception
was   the dedication of the 30 foot easement along Old Father Road The homeowners
                                                                              zoned for
 stated they did not want that dedicated to the town He stated they wanted it
                                                                   to meet again until they
 R but all the sites average about 1 acres They were waiting
 36                                    3

 had all the comments from the planning commission


 Council Member         Clanagan       stated he received          an   e from Roger and Linda Whitney
                                                                        mail
                                                                 others who               at the   meeting He      stated it
 stating they   were
                        apposed     to   the    project and                      spoke
 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 ofinterest


 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
                                                                                              into   two   communities The
 subdivision    on
                     approximately           133     acres   The   plan is separated
                               large lot 36 sq ft grade restricted areas and the southern
                                                                                           area
 northern 40    acres   into             000
                             297 units minimum lot size of4500 with an average lot size of 8
                                                                                           000
 which proposes the
 within the   project

 Daniel              Red Point                         the owners on this property
                                   Development representing
          Leung
 addressed Council and stated the project is located on Hartman Lane between Cortaro
 Road and Linda Vista Road just north ofthe Cortaro Ranch subdivision The entrance is
                          MINUTES OF REGULAR COUNCIL MEETING
                              MARANA MUNICIPAL COMPLEX
                                             DATE        September 18 2007
                                                                     acres Their proposed
      off of Hartman Lane The project               size is   approximately 133
                                                   which comes to about 2 residents per acre
                                                                        3
      specific plan is calling for 3 11 total lots
                                                                           first proposed the
      They  have a mix oflot sizes with an average of 8 sq ft They
                                                          000

      project   in the first    quarter  They began having neighborhood meetings in
                                          of2004
                                                                 was in June and was approved
      November 2005 The first hearing to planning and zoning
                                                                    which is an attempt to get
      August 29 2007 The type of project they presented coving
                                                           is
                             subdivision layout It takes an approach of curving roads which
      away from the typical
                                                      sidewalks aren directly connected to the
                                                                t
      creates coved spaces in front ofthe yards The
                                                                      a sense of walkability
      streets They independent walkable type designs that creates
              re
                                                              ofthe open spaces and recreational
      throughout the community               It starts   integrating   some


                                  One of the design features they took into consideration is the
      spaces within the project
                                                                                The project
      Hardy Wash that comes in from the east and runs through the property
                                                                    northwest oftheir project
      proposes to dedicate permanent
                                        access to the
                                                      people living
                                                                                         field
      They have  tried to incorporate some more natural open spaces They have done
                                                                                        value of
      studies and tried to pick the areas that made the most sense and had the highest
                                                                      acres of natural undisturbed
      vegetation  Out of 133 acres they have approximately 41    6
                                                                             structures were
      open space which is
                                3
                          about 31 percent of the site The engineer drainage
                                                                      6 acres or about 8 7
      estimating approximately 4 percent ofthe site They have about 11
                               1

      percent of open areas

                                             Coalition for Sonoran Desert Protection   stated this is
       Carolyn Campbell representing the
                                               values and connectivity This site has   local habitat
       a
         significant site for its conservation
                                                                                 four million dollars
       values because ofits Ironwood habitat The county has spent close to
                                                                                   from Arthur Pack
       in the past few years protecting lands in t1iis area utilizing connectivity
       Park the natural areas there riparian areas and flood prone
                                                                        areas            s
                                                                               Currently there sixty
       acres on Cortaro Road to the east of this property
                                                             that is going through a bond ordinance
                                                   to buy about 60 acres that are adjacent to some
       amendment to use open space bond funds
                          lands that the county has bought for the Cortaro Road widening She
       county mitigation
       stated   as   recently     the Fish and Wildlife Service reiterated to the developers that
                                 as   July
                                                                                        with Red
       their target for open space protection on this site is 70 to 80 percent They met
                                                                                      heard from
       Point over a year and lialf ago and expressed their concerns and have not
                                                                                        and again
       them nor met with thern since They attended the Planning and Zoning meeting
       made the offer to talk about these issues and have not heard from them She read from
                                                                                              a


                                                                                  with this and
       May letter from the county administrator to the town She stated she agreed
       asked to work      on    that   configuration

F   MAYOR AND COUNCIL REPORTS SUMMARY OF CURRENT EVENTS


                       Clanagan reported that last week he had an opportunity to hear
                                                                                                     a
    Council Member
                                                        and Mr Reuwsaat at the Northern
    presentation by County Manager Chuck Huckleberry
                                                                                 He stated
    Pima County Chamber where they gave a capsule of ongoing waste water dispute
    he also attended aTREO meeting


    Council Member        stated she attended the grand openings for Verizon and American
                          Ziegler
                                                           MPOA Marana Police Officers
    Home Insurance She stated last night she attended the

    Association meeting


                                                               4
                           MINUTES OF REGULAR COUNCIL MEETING
                               MARANA MUNICIPAL COMPLEX
                                         DATE         September 18   2007


                     Kai thanked everyone for their prayers          thoughts    cards and flowers and        they
    Vice   Mayor
    have all   helped   him   recover
                                        quickly

                                                                                        the Oro   Valley   State of
    Mayor      Honea stated this   Thursday       a   few of them will be   attending
    the Town


G MANAGER REPORT SUMMARY OF CURRENT EVENTS
  S

                                                                    with different groups on
    Mr Reuwsaat stated they have been having a number of meetings
                                                                                    committees
    I beautification It is now a priority with PAG regional government managers
      10
                                                                                       with our
    that will be developing recommendations to go to the council They met today
                                                                             on 1 They met
                                                                                10
    ADOT representative about a potential funding source for beautification
                                                                                        us with
    with the Arizona Rock Products group to talk about their participation and helping
                                                                                       event for
    materials for 1within our limits He stated Friday night he went to a fundraising
                  10

    the   housing   trust fund for the   City of Tucson

H STAFF REPORTS


                                   GENERAL ORDER OF BUSINESS


1   CONSENT AGENDA


               1                  153
                    Resolution No 2007      Relating to Liquor Licenses approval and
                    recommendation to the State Liquor Board for a location transfer for a
                    No Liquor Store liquor license submitted by Ronald Michael Parucki on
                    09
                    behalf of Fry marketplace 689 located at 12100 N Thornydale Road
                              s
                    Jocelyn Bronson

               2    Resolution No 2007 Relating to Liquor Licenses approval and
                                  154
                    recommendation to the State Liquor Board for a new license for a No 12
                                      license submitted by Stewart Lee Roth on behalf of Fire
                    Restaurant liquor
                    located at 12030 N Dove Mountain Boulevard 104                  Jocelyn Bronson

               4    Resolution No 2007 Relating to Development approving and
                                    156
                                a final plat for Gladden Farms Block
                                                                     16 Kevin Kish
                    authorizing

                7   Minutes of the      August 21      2007 and   September 4    2007    regular meetings

                                                                       Council Member Comerford the
Upon motion by Council Member Escobedo seconded by
Consent Agenda was unanimously approved




                                                            5
                         MINUTES OF REGULAR COUNCIL MEETING
                             MARANA MUNICIPAL COMPLEX
                                     DATE           September 18    2007


J   COUNCIL ACTION

                                                                       the
        1    Resolution No 2007 Relating to Development ratifying
                           157
             recommendation of approval by the Silverbell Road Corridor Overlay
                                     Review Committee regarding Continental
             District    Manager Design
                         s
             Crossing Condominiums Kevin Kish

                                                                             is   requesting    ratification of the
             Mr Kish addressed Council and stated                applicant
             recommendation of approval ofthe Manager Design Review Committee
                                              s
             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
                                                                                           On
             located on the southwest comer of Silverbell and Continental Reserve Loop
             August 30 2007  the Silverbell Road commercial overlay district design review
             committee voted unanimously to approve the design ofthe presented Cortaro

             Crossing Condominium project The multiple family buildings
                                                                          are
                                                                              designed to
             resemble            family homes Total square feet ofthe units vary from 800
                          large single
                1691 sq ft All contain garages as well as a porch or a deck There is
                                                                                        a
             to

             clubhouse and recreation center proposed with the development located near the
             main entrance ofthe development The clubhouse is a two building with
                                                                       story
             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


                                                                Council                               Member
             Upon motion by Council Member McGorray seconded by
             Clanagan Resolution No 2007 was unanimously approved
                                     157


         2   Resolution No 2007 Relating to
                            158                                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
                                                                                                            in
             affordable workforce                       toincome
                                            housing for low moderate families
             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
                                                                                             allocated It is
             both CDBG and affordable housing funds that                   are
                                                                                  already
             contingent on rezoning of the property and the                property passing all       the
                                                                                                   There is      an
              environmental reviews The property is                approximately      one acre


                                                           with Habitat for       Humanity They plan         to rehab
              existing    home     They    are   working
              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 was unanimously approved
                                      158




                                                           6
                MINUTES OF REGULAR COUNCIL MEETING
                    MARANA MUNICIPAL COMPLEX
                                                             2007
                            DATE        September 18


                                                                           the
3   Ordinance No 2007
                 22          Relating to Building adopting amendments to
    2006 International Building Code an amendment to the 2006 International
    Residential Code and amendments to the 2006 International Plumbing
                                               7                    2
                                                                    8
                                                                    1
                                                            section 7
    Code amending Marana Town Code Title by revising
                                                        to building safety
    changing the name of the town building department
    department and declaring an emergency John Huntley

                    addressed Council and stated the ordinance                concerns    five proposed
    Mr   Huntley
    local amendments      the current town building regulations as well as one
                            to

    amendment to Title 7 Section one deals with expiration ofmodel building plans

    approved by the building department Model plans
                                                         are
                                                             pre construction
                                                             approved
          that can be used to construct mini structures under multiple permit
    plans
                 without         to re plans with each submittal This local
                                    review
    applications                 having
                                                               ofthese model plans
    amendment    provides a standard mechanism for expiration
                                                              to date building
    as well as
               updating the plans to comply with the most up
                                   also standardizes our model plan requirements with
    regulations This amendment
    other greater Tucson jurisdictions Section two ofthis ordinance provides a
    mechanism within the international               building   code that will allow     us   to   support the
                                                              of large   retail   developments
    changing business environment for                owners



                                                                  retail stores and
    Business practices concerning the construction of new large
    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
                                                                 to fire department
    buildings and properties as well as potential hazards posed
                                                                           International
    personnel during an emergency event This local amendment the
                                                                   to


    Building Code is recommended in the interest of preserving building code
    requirements which address fire safety objectives while providing code
                                                            business needs of major
    requirements that will adequately address the evolving
    anchor store and accompanying outdoor strip mall developers Section three ofthe
    ordinance is intended to simplify compliance with accessibility requirements
    under the International Building Code Section four ofthe ordinance reduces the
                                                           interior lot line under the international
    required building code          setback from      an


    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 thespread     of fire between residential        buildings Section five of
                                                                                  B and E ofthe
     the ordinance       provides for adoption of appendix chapters
     International Plumbing Code These                are               sizing of water
                                                            important chapters      for the

     distribution piping and also rain water leaders from roof drains These chapters
     make it easier to apply the code Section six ofthe ordinance is a housekeeping
     item amending section seven one two paragraph eight ofthe town code to
     include the recently adopted 2006 additional ofthe International Fire Code
     Section seven ofthis 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
                                        that is codified within the International     Building   Code
    us   in line with     wording

    Upon motion by Vice Mayor Kai seconded by Council                         Member    McGorray
    Ordinance No 2007 was unanimously approved
                 22


4                 159
    Resolution No 2007         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 land
                                                                           s           development
    code provides that electric power except electrical trarismission lines carrying
                                                                     divider
    69 kilovolts or more shall be located underground except for the subcan

                                                               underground    installation is not feasible
    show the town    planning commission                that
    This   is done prior to surfacing of the            streets and is to be done to   prevent
                                                   if there are service connections to
    unnecessary disturbance of street improvements
    be made As the town has grown and the electrical needs have grown
                  with this           have arisen Communication between staff TEP
    complications                       provision
                                                                      distribution lines and
    and Trico have identified             problems relating with
    transmission            ofwhich may be exempt from this code and thus not be
                         lines    some


    required to be undergrounded There are some that still meet this requirement and
    then have to beundergrounded  The problem with the transmission lines to be

    undergrounded they need to be oil cooled which is a very expensive process to the
    point ofbeing 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 Reserve
                              Continental
                              e                                     area the Western Area Power

    Authority     hasmajor transmission easement over which some very high voltage
                          a

    lines are strung In addition to these lines there are some other overhead
    distribution lines that exist in the area Many ofthese lines are adjacent to homes
    that have been built It appears that now that all the other subdivision
                                                                                                       lines
    improvements including streets have been completed there have been                         some


    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 ofthis 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 was unanimously approved
                            159


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 ofinterest
              MINUTES OF REGULAR COUNCIL MEETING
                  MARANA MUNICIPAL COMPLEX

                                September 18 2007
                             DATE
    Mr Kish stated the applicant requests a preliminary plat approval for a 468 lot
                                                              acres within the
    single family detached subdivision on approximately 121
    Saguaro Springs development The proposed subdivision lies within block seven
    which has zoning of R is not part ofthe Saguaro Springs specific area but is
                         6
             to it Saguaro Springs development is located directly south of Lambert
    adjacent
    Lane north of Twin Peaks Road in the northeast portion ofthe block plat The
    smallest lot is 6 sq ft The average lot size is 7 sq ft Per the adopted
                    444                               438
    development agreement  all the residential units will conform with the adopted
    residential design standards          Block 7 requires      86 sq
                                                                580            ft of recreation    areas


    based    on the 185 sq ft per unit This project proposes 148 sq ft of trails
                                                             000
                                           basketball courts and shade structures
    paved    areas pocket parks turf play



    Upon motion by Council Member Clanagan seconded by                           Council Member

    Comerford Resolution No 2007 was approved 6
                            160                  0


6   a Ordinance No 2007 Relating to Public Works adopting and
                     23

    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 apublic record filed with
    the Town Clerk Barbara Johnson

                                                                                 1h
    Ms Johnson addressed Council and stated                on   September      4      they presented the
                                                                                   asking   that it be
    storm water ordinance and the           management        plan They    are


                              in the land          code It is        important   ordinance It is    required
    adopted as Title 25                     use                 an


    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 forbeing an active participant in
    the process and       they   do urge   adoption    ofit


                                                                                   Council Member
     Upon motion by        Council Member          McGor seconded by
                                                   ray
     Comerford Ordinance                                     161
                                   No 2007 and Resolution No 2007
                                      23                                                    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    time businesses He stated there are two basis issues
                               long
The first is about access traffic volume new road construction who is going to
                                                                     are the
be responsible for what kinds of improvements and when and what
         to the existing businesses and the other issue deals with how to address
impacts
the long      term       ofthose businesses and ways to help those businesses have
                      liability
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 I10 as well as the businesses They
looked at three alternatives They have rejected the cul alternative as not
                                                     de
                                                     sac
                                                                                   connection The
being    viable Version B            emphasizes        the   Tangerine Farms                         one



way    concept emphasizes             a one     way pair ofroads and then version C which
                                                                           called
emphasizes Marana Main Street They used their travel demand model
                                                            standard Level A is free
QRS2 They used a level ofservice D as a performance
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 ofthis area they expect to see most ofthe
roads reconstructed The amount of growth is dramatic almost five million square
                                                 retail
feet of retail uses seven million square feet of non 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 basically requiring about
                                                   000
 an
    eight lane roadway Version C is the one they like the best which
 accommodates the major east traffic on Marana Road It integrates Main
                            west
                                               connection of Sandario Road           to Marana    Road This
 Street There would be              a new

                                                movement                         off the   interchange   from
 concept is         shifting the primary                       as   you   come


 Sandario Road going south to an east alignment on Marana Road in response
                                      west
 to the future traffic demand They would need a six lane Marana Road They are

 forecasting  traffic volume at a little over 5 on Sandario The current traffic
                                              000
 volume is about          3 At the
                          500                  intersection of Sandario and Marana that would be
 a
     right  right out access under this proposal Version C fulfills three basic
             in

 design goals that they have with this project One is for Marana Road to be the
                                                                for the first major
 primary east mover The other is to have proper spacing
          west
 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
 thefrontage roads on the west                  side ofthe freeway will be combined so that

 confusing intersection will be alleviated

 Mr                   stated                  solve the issue of access and traffic then the question
       Popelka                 once we

 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                               development district or corporation which
              consideration of a downtown
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
ofthe district It could involve organization ofthe 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         some form offinancial incentives or relocation The idea of
                     maybe
a   roundabout is unique in this       area   and   can   be used   to   help   establish this district


Kent                     Auto                                    it is scary for them as
                                Parts addressed Council and stated
        Crotts Napa
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                        that would be done He stated if
                             misunderstanding on how
                                                                      could be
they could get to the access issue and fix that then the improvements
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
                                              it has never been studied He
access number one He stated he has a plan and

stated                              twork He presented a copy ofthe plan
          modified it and stated it doesn
         they
and asked that it be studied and proven             to   him that it would not work


John Post stated he wasn invited to any ofthe meetings He stated he bought                                   a
                    t
                                                                  t
                  on Sandario to grow his business He stated he wasn
piece ofproperty
             with the route that the road was going to take until he saw the
disappointed
                      Mr Lueck He stated that Sandario Road should be                      one    ofthe
presentation by
                                                                          ofthe    community            He
areas   that receives    some   ofthe benefit from the          growth
stated he would like       to see a   version that increases the number of cars per                 day

Ed Stolmaker addressed Council and stated he attended most of the meetings
                                               s
He believes that it is important to take the time to find out if Mr Pierce plan will
                                                                    s

work    or   not He believes     once   that
                                        s       accomplished        the   plan would have         the
                                               that
                                               s              Sandario Road
support ofthe business community                         on




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                        asked         the map about the       yellow      dotted line and
                        McGorray              on


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
                                                                            look   at   that   to see   if
heading westbound They are going to have engineering
that feasible They would have sufficient right of way
s




                                          II
             MINUTES OF REGULAR COUNCIL MEETING
                 MARANA MUNICIPAL COMPLEX
                                                              2007
                            DATE         September 18
                                         asked in their      approval   process it is not approving                an
Council Member           McGorray
                   that road will be going       continuing        from Sandario Road to Marana
exact      place
Road


Mr Reuwsaat stated the intent ofthat is for                    a   connection         maybe     not specifically
                                                                                      turn in   will      help
defined He thinks the request and discussion about the left
define where that goes because ofthe traffic requirements


Mr Davidson stated it could not be                                    intersection due     to    its   proximity
                                                     a
                                                         signalized
to   the and off ramp at the Marana interchange ADOT
           on                                                                     requires      at   least    a


quarter of a mile and preferably a half of a mile

Council Member                           asked if there                                    llbe able
                                                                                      that we                     to
                         McGorray                             were assurances


come       to   agreement   on   this northern most end of Sandario Road if the                        plan   was



approved

Mr Davidson stated if it      able to be engineered that way so that it is safe and
                                      was


doesn present any traffic
t                         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 have a left turn lane then it going to be
                                    t                              s
                                             There nothing else            they         do with Sandario
a
 right in out at that road
       right                                 s                                    can


Road at that particular point


Council Member            Clanagan    asked staff what their response would be                       to   tabling the
item to work out         soine    ofthe issues


Mr Davidson stated based                on   all of the    analysis   ofhow the       community is
                and              towards the west it        was    determined     long time ago that
                                                                                  a
growing               shaping
Marana Road would be the                 primary     road to tie into the     interchange They have
tried      to come up     a i gnment for the Main Street which had not yet been
                         witli   an


completed yet to tie into Marana Road to make it a functioning thriving
downtown They have explored the opportunity for U points along Marana
                                                     turn

Road and         come   back into the Sandario Road                alignment                 t
                                                                                He stated he doesn
know what a delay would be able to                   produce

                                      have established that is                            and the request
Mr Reuwsaat stated               we                                   a
                                                                          right in out
                                                                                right
is let
   s        Mike plan the way he wants to see
            sstudy                                                                       s
                                                                          it done versus what been

presented            through for a long time He would suggest that we look
                   and worked                                                                                       at

the alignment and do what we can do to put it in but understand whatever the
                 regoing to still end up with this alignment here so the
decision ends up you
decision point doesn change a whole lot It whether you accept version C
               t                         s                                                                        as   it

is right in
         right  out and with the emphasis that if at all possible through

engineering and through design we able to put the left in that should be
                               re

incorporated within version C and that would be the recommendation

Mayor        Honea stated he          had asked about       before you get to Marana Main
                                                             turn
                                                            au

 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  halfway between the I
                                                              au
                                                               tum        about10

                                                                          with the
interchange and the Marana Main Street and if the        paid for signage     town

names of the businesses in the Sandario district an individual would only go

about 500 feet past the intersection that there now and would be able to make
                                     s                                                                                   a


turn with signage on Marana Road and come back and make a right into
U
Sandario


Vice               Kai asked if it              possible to        do   some   traffic counts if we do this
       Mayor                             was

U
turn


Mr Pierce asked if it
                   s               a   safety issue      isn a lot easier
                                                         t                          to cross a    four lane road
with 25 than an eight lane road with 50 cars He stated they were
     000                             000
                         dated 9 which is a different drawing that they were
presented with a drawing       13
emailed       at one o He stated it not the same plan they had on 9
             today   clock          s                                  13
He stated with the        yellow dotted line it looks like it goes right through the Circle
K which      means
                         you got a business to move He asked Circle K why they
                         ve
haven
tbeen               at any   ofthe      meetings        and   they   stated because         they never been
                                                                                            ve
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 ofthat street first



Council Member            McGorray           stated that has been the dream to                  revitalize   to   get the
sidewalks      in   to   get the     streets   in        s
                                                     and what        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 on it
                                                                                               aid                 to    get
through      the   next   five   or    six years and then in five           or   six years we
                                                                                           llhave            to   look

at it again


Mr Reuwsaat stated he would not call it                        a   band but
                                                                   aid                   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 be
                                                    t


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
                                                                       2007
                                DATE         September 18
    stated that it     concerns    him    to   allow   a   left   turn   off ofSandario            to go west on to

    Marana because        now      you turning
                                   re                     across       all of the lanes oftraffic and that is
    more    of a concern for them


    Jack Neubeck addressed Council and stated                                             ofwhat their decision is he
                                                                        regardless
    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 lets
                       as whole as
    make these people              possible now




                                                                         Council Member             Clanagan
    Upon motion by Mayor Honea                      seconded       by
    Resolution No 2007 with the                                                    there be       left turn in off of
                  163                                  stipulation that                       a

                                                                       be warranted                           6 with
                                                                                                              1
    Marana Road onto Sandario             long as         as can                            was
                                                                                                   approved
    Council Member           Ziegler opposing

8   Resolution No 2007
                  164                        Relating      toStreets and authorizing
                                                             approving                                                  a


    proposed alignment             for the future          Tangerine Road Interchange Gilbert
    Davidson

    Vice    Mayor      Kai declared      a   conflict ofinterest


    Barbara Johnson addressed Council mid stated the intent                                  wasto
                                                                                                   open up that       area


    so   the maximum number ofpeople                      could benefit        111   terms   ofthe 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 ofthe 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       ofthe 16
    acres   below theexisting Tangerine Road as it turns north and comes across the
    railroad tracks     right angle stated they oppose the closing ofthe existing
                         at a


    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 ofwork 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 ofMarana               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 ofthe        options      move       the   interchange      about 2600 feet

                                                     14
                     MINUTES OF REGULAR COUNCIL MEETING
                         MARANA MUNICIPAL COMPLEX
                                                                  2007
                                    DATE        September 18
          north Marana two                             of that movement north         by bringing      the
                                    mitigates   some


          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                       existing Tangerine Road alignment
                                 the interstate north ofthe
          From an acreage standpoint other than Westcor they are the most affected

          property owner with the movement ofthe interchange and relocation He supports
          the relocation to the position of 2 feet north of its existing location As they
                                            575
          develop  their commercial uses if traffic warrants a stop light closer to the
          interstate that they be able to do so otherwise they won be able to develop the
                                                               t

          commercial base ofbusiness 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
          ofthe property         owners                                s
                                          and takes into consideration ADOT               concerns




          David Mehl addressed Council and stated this is                  an   excellent solution for Marana
                                                           to some extent He         supports this
          He thinks it      really benefits everybody                                                  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          regional corridor which will eventually bring
                                           is a                                                              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 with town staff having the authority to
                                   164
          further modify how option two ties into the major routes plan to address develop
          or concerns was unanimously
                                      approved

      9                 162
          Resolution No 2007                    Relating   Employment approving and
                                                           to

          authorizing  Mayorthe            to execute    a new
                                                              employment agreement with                      Town

          Manager Michael A Reuwsaat                   Frank Cassidy


K BOARDS COMMISSIONS AND COMMITTEES




L ITEMS FOR DISCUSSION ACTION
            POSSIBLE




                                                    15
                              MINUTES OF REGULAR COUNCIL MEETING
                                      MARANA MUNICIPAL COMPLEX
                                                 DATE      September 18    2007
M EXECUTIVE SESSIONS


            motion       by   Council Member             Escobedo    seconded      by   Council Member          McGorray
   Upon
   Council voted        to convene to       Executive Session


  Executiw        sessionpursuant           to   S
                                                 R
                                                 A 5       43LO3
                                                           38 to
                                                           1
                                                           A                      discuss the proposed

  employment           agreement seith Tovem            Manager Micbael Aaat
                                                                        Reum                amended agenda
            s
  item J on tonigbt agenda
       7

                                                 seconded   by Council    Member Comerford        to   extend Mr
  Upon motion by Mayor Honea
                                            to June 30 2009 so that agreement would include a six
  s
  Reuwsaat         employment agreement
  s
  month        severance   pay but will not include six month pay for health and life insurance and
                                                        s
  increase     salary   to 160 effective when the ASRS buy in is done approved 6 with
                           000                                                       1

  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




            Honea stated that could be                 separate issue   He stated Council Member            Clanagan
  Mayor                                            a

  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 on performance
                                                   pnent

                                S 03
                                R431
  Executive Session pursuant to A 38 and 7 for legal advice
                                     3
                                     A
                                     6
                                     4
  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


            motion       by   Council Member             McGorray       seconded   by    Council Member          Clanagan
   Upon
   Council voted unanimously to                  adjourn


CERTIFICATION


I hereby   certify           foregoing are the true and correct minutes ofthe Marana Town
                       that the                                                                                     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             2007
              September 18




                 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                00 p
                   Honea at 7  m


    COUNCIL
    Ed Honea                                 Mayor                                Present

    Herb Kai                                 Vice Mayor                           Present

    Russell                                  Council Member                       Present
                Clanagan
    Patti Comerford                          Council Member                       Present

    Tim Escobedo                             Council Member                       Present
    Carol   McGorray                         Council Member                       Present

    Roxanne      Ziegler                     Council Member                       Excused


    STAFF
    Mike Reuwsaat                            Town Manager                         Present

    Gilbert Davidson                         Deputy Town Manager                  Present
    Frank                                    Town Attorney                        Present
             Cassidy
    Jocelyn     Bronson                      Town Clerk                           Present



B PLEDGE OF ALLEGIANCE AND INVOCATION OF SILENCE
                           MOMENT


                                                                                                               of David
    Ledby Mayor Honea Mayor Honea asked that everyone remember                               the   family
    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         Sandario Road          00 m
                                       at 4p with an                informal get                 after   at   the White
              on
                                                                                    together
    Stallion Ranch




                                                             I
                    MINUTES OF REGULAR COUNCIL MEETING
                                 MARANA MUNICIPAL COMPLEX
                                         DATE October 2 2007


E PRESENTATIONS


      1   Presentation                     Department Presentation
                                            to the Police                                          on    status of
                                 Relating
          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                                                                 llbe the
              currently use it Ten ofthe counties use it It is a proven system We
                          s
          seventh agency that 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 internal network for
                                                             s
          the last three months During this period of time they have been testing and

          preparing      develop other mapping sites which are land based imagery based
                         it to

          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 and frorn the town website there will be links under e
                 com                         s
                and a few other linked areas to get to online mapping He went over the
          gov
          various features and        options

          Chris Mack   presented a virtual tour of Marana Main Street The area is the
          triangle   boundedby 1 and Grier Road and Sandario Road to the west He
                                10
          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        C
                                                                  D


          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 schools have
                                                                                                                    s
                 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 ofEducation 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 requirement
                 s                                 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      would coordinate local and community government emergency response
                            they
                 and crisis management plans with school plans preparedness they would invite
                 school       and    community                involvement              in   the     emergency        response        and     crisis

                 management practice     mock dn In response they would support each other in
                                                lls  or

                 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 Hall of Fame
                                                      s                                            Jocelyn Bronson

                Ms Bronson read           a
                                              proclamation regarding                    the Veteran Hall of Fame
                                                                                            s


F   MAYOR AND COUNCIL RIEPORTS SUMMARY OF CURRENT EVENTS


    Council Member                                                                  TREO luncheon
                              Clanagan stated he attended the

    Council Member            McGorray             stated she also attended the TREO luncheon She stated she                                  was

           s
    at the Women Conference


                                                                                                                                               d
    Council Member Escobedo stated the Miracles Inc Christmas party will be December 22 at
    Ora Mae Ham Park Their youth
                                  partner Super Series Baseball of Arizona will be holding a
                                              1h
    tournament      on      December 8             and    91h   at   the   Sports      Park where every         participant     is   required      to

    bring toy valued at ten dollars and the team that brings in the most toys wins a prize for
            a

    their team Miracles Inc will begin its giveaway event on October 81h and the winners will be
                                       th
    announced December 14                     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 where the youth direct film and market
                  V                                                                      a    television program which airs
                                    30
    on Fox I I Saturday mornings at 11




    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
                                                S
    plant that is coming on line to satisfy our U 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 received
                                              RTA                                             a    statewide award from the
    Arizona    Capitol Times as            the             manager ofthe year He stated tomorrow at the
                                                 transportation
    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


  SREPORT SUMMARY OF CURRENT EVENTS
G MANAGER


    Mr Reuwsaat stated                Congressman       Gifford staff will be
                                                        s                               setting                           office hours
                                                                                                         up    monthly
    here   at   the Marana                                     The first date will be October I 91h from 3
                                                                                                         30
                                                                                                         4
                                   Municipal Complex
    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                forum       to                    address the
                                                                         a
                                                                             public                    specifically
    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    toDevelopment approving                       and
                    I
                        authorizing a final plat for          Oasis   Hills 11 Kevin Kish


                3                     168
                        Resolution No 2007      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                 169
            Resolution No 2007                       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 allocation to fund an airport executive assistant The cost
                          year                                                                                              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   agreement they had with Pima Aviation for the open tie down
                           an


            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    45 per year in airport revenue and the revenue
                                      than
                                    000
            collected should increase as the airport continues to grow The cost ofthe 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 ofthe 90                  acres on   the southeast side ofthe

            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             the          airport terminal              know what the              and
                                on          new                          so we
                                                                                                  goals
            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          anticipating things happening on the sale ofthat land He
                                     we are

            thinks this is a premature request He stated he does not support any out of budget
            year request He stated it minimizes the effectiveness ofthe budgeting process


            Mr   Mangum stated they have looked at this position in the past and one oftheir
            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       grant money they have and that has enabled them to have the physical
             some


    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
                         1
    Airport was approved 5 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 haddesign exception
                           a
                                             they  to it    so                             s
                                                                        would not meet the town
                                                                            public
    street               prior to the town making a recommendation for acceptance he
             standards and
    would suspect that engineering would require that they be built to town
                                                                       s
    standards prior to that


    Mr Reuwsaat stated if at sometime                       the future that
                                                       in
                                                                                 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 ofthe 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 was unanimously
                  170                                              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                                                                              for   a 47    lot
                              applicant requests preliminary plat approval                                          single
                detached home subdivision                         approximately     6
                                                                                    19                within the
    family                                                   on                            acres

    Gladden Farms             development         The subdivision is located in Block 25 ofthe
    Gladden Farms block                  plat south of Tangerine Farms Road and east ofGladden
    Farms
                Regional         Park    Zoning on Block 25 is R The minimum lot size within
                                                                8
    this
       project         is 8 10 sq ft for lot 2 with an average lot size of over 11 sq ft
                                                                                000
    The project        will have two accesses off of Tangerine Farrns Road


    Upon motion by Council Member Clanagan seconded by Council                                           Member
                            171
    Escobedo Resolution No 2007 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 acres of land
                                                  5                    generally located on the northwest
    intersection of Cortaro Farms and Cerius Stravenue The site will be accessed
                                us
    from Cortaro Farms Road and Cen Stravenue The developer will be

    responsible to do some upgrades in the design                           and construction ofthe traffic

    signal at Cortaro Farms and Cenius Stravenue                            The   widening       ofCerius 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      ofthe

    development          to   a low      access   to the residential
                                                  properties                               on   the north side This
    would be the         connection
                             through    proposed DeAnza project over to the Joplin
                                                         the
    Lane properties to provide them with a legal access through this village center
    project as well as the DeAnza project

    There             four proposed                         within this   project A combined building area
                are
                                           buildings
    of over      117
                 000             sq ft   on   the first floor and        28 sq ft on the second floor The
                                                                         900
    project            submitted before the Town Council                                 the commercial
                 was
                                                                              adopted                     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 ofwhat 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
                                                                           adequate in terms ofthe
                                                           staff they found it
    size and     depth   ofthe 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 ofthe 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 ofpass 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      Joplin Lane he noticed that            the           of way           46 feet
                                  on
                                                                                  right             was

    and asked if that       was    adequate

    Mr Braun stated that              Joplin Lane is not meant to be a commercially
                                   access   for

                              provide a public access for the Joplin Lane residents to
    traveled road It is just to

    get them down to Cortaro in a legal fashion 46 feet of right of way corresponds to
        s
    the town 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              small segment to                    the gap
                                                                a
                                                                                           bridge
    That would be        a town     improvement



    Upon motion by Council Member McGorray seconded by Council                                      Member
    Escobedo Resolution No 2007 was unanimously approved
                            172


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
                                      20This                                amendment is
                                                                     being presented
                                                               proposed
    with    a   unanimous recommendation of approval from thePlanning Commission
    The request is an amendment to the Tangerine Specific Plan which is
                                        Thomydale
    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               Station police substation and minor
                                              Northwest Fire
    amendments              to   the commercial
                                       project         and layout the development
                                                                     access


    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       obtaining the Section 404 permit through the Army Corp of
                        with

    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 ofthe 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   ofother   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 ofcommercial uses that the developer proposes to have
    on    site   are   not   specifically     listed within the      pen uses ofthe specific plan To
                                                                     nitted
    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                              asked when Northwest Fire
                                 McGorray                                             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 unanimously approved with the recommended
                          24
    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
                           s
commercial and residential It located north of Marana Road from 1 west of
                                                                10
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        maximum of 50 percent residential The
                                                      a

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            is about 1625 sq ft per unit The
                                                                high
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        they       would be                to dedicate up to 1000 sq ft of right of way for
          so
                         required
    Marana Road
a
               pedestrian connection They also have to contribute 300 for
                                                                    000
the pedestrian connection improvements or downtown beautification payable
upon issuance of the first grading or building pen on the property Condition
                                               nit
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                                                to Marana Road
                                                                            improvements
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    participate in the design and construction of Marana Main Street or
                to

Sandario Road The cost ofwhich 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 community facilities district agreement Paragraph ten
                                      a

                       to the entity responsible
was
        changed                                  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 million per mile per lane for a
                                                           9
four lane road The town is concerned about                a
                                                            regional connectivity issue for the
        downtown While               a traffic
new                                                                  s
                                               study may base it on what 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 amile        at                 8
                                                                               approximately 1             million


    Mr                 stated that if Sanders Grove               actually builds the four lane Marana
          Cassidy
    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 Properties addressed Council and stated
                                          F

    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
                000
    committing 300 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

            Honea stated that he does                not want to see 2200
    Mayor                                                                             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 was unanimously approved
                          25                                                                    to   be continued to
    October 16


7                               26
    PUBLIC HEARING Ordinance No 2007                                           Relating   to   Development
    approving        and   authorizing rezoning
                                             a                 and    a   minor General Plan amendment
    for La Vista Bonita        Kevin Kish

    Mr Kish addressed Council and stated                             received
                                                              they               a
                                                                                     request from the applicant
    for continuance of this item until the November 201h Council                                           to allow
                                                                                           Meeting
    additional    time to   work with the          surrounding property           owners




    Roger Whitney addressed Council and stated his property borders the south ofthe
    proposed development and they are apposed to the zoning of R He stated their
                                                                 36
    initial position was eight homes in 24 acres which is approximately 3 acres per
    home


    Upon motion by Council Member Comerford seconded by Council Member
    McGorray Ordinance No 2007 was unanimously approved to be continued
                             26                                                                                       to

    the November 201h Council meeting

                                                   II
               MINUTES OF REGULAR COUNCIL MEETING

                           MARANA MUNICIPAL COMPLEX

                                  DATE October                   2 2007

8                               27
    PUBLIC HEARING Ordinance No 2007                                            Relating    toDevelopment
    approving        and    authorizing          a    rezoningfor          the for DeAnza    Specific Plan
    Kevin Kish

    Vice    Mayor     Kai declared          a   conflict ofinterest


    Mr     Kish      public hearing was held during the August 291h planning
                     stated
    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 sq ft and the second DeAnza area is the smaller lot subdivision
    000
                                                  93             ofland with         minimum lot size of 4500 sq
    encompassing approximately                         acres                     a

    ft and    an
                 average of 8 sq ft The tentative development plan proposes two
                            000
    points   of access by way of Hartman Lane and one point of access for the DeAnza
    Estates   by    way of Hartman Lane                                               with be
                                                         Emergency           access
                                                                                                 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

             6
    total of 11 acres that will function                     as a      combination of      drainage    and    improved
    onsite recreation         facility      or   stand alone recreation facilities The subdivision is
    proposed          the concept of coving The specific plan architectural design
                   to use
                                                         s
    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 residential design
                                                         s
    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                          existing Cortaro Ranch development and for all
               residential lots within the
    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
    ofthe 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      ecological significance
                                              with                                 were      headed She stated
          the    town   has  policies for preservation in this area and                 these have        not   been
          followed The staff recommendation for open space
                       s                                                         was    met not    even
                                                                                                          halfway
          There are town ordinance requirements that are not                     being complied             S
                                                                                                       with U
          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
                                   area which includes a channelization or the
          highly developed                                                     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

          policiesand 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 was approved 5 with the
                                27                 0                                          20 recommended

          conditions




K   BOARDS COMMISSIONS             AND COMMITTEES




L ITEMS FOR DISCUSS ION ACTION
                    POSSIBLE




M EXECUTIVE SESSIONS



                 Upon motion by Council Member Escobedo seconded by Council Member
                 McGorray Council voted unanimously to convene to Executive Session

                                               R431
                                               S 03
                 Executive Session pursuant to A 38 and 7 for
                                                      4
                                                      3
                                                      A
                                                      6
                 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
                                                        S
                                                        R
                                                     38 to consult with the
                                                     431
                                                     A
                                                     4
                                                     03
                 s
                 Town 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 Silverbell Road and
                                             s                                                  Thornydale Road
                         projects    and    2    to seek     declaratory          and other    appropriate relief with
                         respect    to water service and service                  area   issues


                         Mr                stated          the item   regarding     the   intergovernmental agreement
                              Cassidy                 on


                         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 ofTucson


                         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                      that the   foregoing           the true and correct minutes of the Marana Town Council
    hereby certify                              are


meeting    held   on   October 2 2007 1 further              certify   that   a
                                                                                  quorum    was
                                                                                                  present




Jocelyn   C Bronson Town Clerk




                                                                 14
                                                                                                          N   ro


      TOWN COUNCIL
                                                TOWN OF MARANA

                                                                                                    1147
                                                                                                                    7
            MEETING
        INFORMATION
                                                                                                       4jVj2UZAt


  MEETING DATE                       October    2007
                                                16                        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                         Memorandum of Understanding
                                                                         a
                                                                                                                        MOU
with the Western Heritage Committee WHC for the                         use    and maintenance of the Town West
                                                                                                      s
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    ofthe land for events at the arena as well as for parking during special events and other
      use


approved uses The Town then allowed WHC to schedule and run community and youth    related
events at the      arena




     s
The Town 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
     for special event parking and other approved uses The Town will
erty                                                                 specifically have priority
use ofthe            for Founders Day Independence Day and         Tree
           property                                                                events The
                                                                                  Holiday         Lighting
Town will continue to allow WHC to                      the           for rodeo and
                                                  use         arena
                                                                          related
                                                                          youth events including
events ofthe Marana Junior Rodeo Association                    MJRA The MOU provides that WHC will be
responsible for maintenance repair staffing and all                   operating   expenses ofthe     arena         MJRA and
other youth groups will have priority usage of the                              In              the Town will have the
                                                                      arena
                                                                                     addition
right   to reserve    the   arena   up to 12 times per year for Town events ensure that    To
                                                                                                           youth  groups
have free                 to the         and in consideration for WHC maintenance and
                                                                  s
                 access            arena
                                                                                                            repair of the
arena the Town will          provide   funding of 3 per month to WHC
                                                  000

Resolution No 2007 authorizes the
              179                                     Mayor    to execute the     proposed Memorandum ofUnder
standing     once   the Western       Heritage   Committee procures           rights to the use of the property from
MUSD




DOC
00006387                                                                                          9 1 PM JF
                                                                                                  07 2
                                                                                                  28 4
                                            ATTACHMENTS


Site map and Memorandum of Understanding




                                         RECOMMENDATION


Staff recommends the        adoptionof Resolution No 2007 approving and authorizing the
                                                     179
Mayor    to   execute   the Memorandum of Understanding with the Western Heritage Committee
once   the Western     Heritage   Committee procures   rights   to the   use   ofthe property from MUSD


                                         SUGGESTED MOTION


I move to     adopt                 179
                      Resolution No 2007




00006387
DOCI                                            2                                       9 1 PM JF
                                                                                        074
                                                                                        28 2
                                                    179
                               MARANA RESOLUTION NO 2007



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                                        and                 its western
                                                                               preserving         celebrating
heritage    and

          WHEREAS the Town has constructed and                        owns a     rodeo   arena    known   as   the Western

Heritage    Arena which is located                property owned          the Marana Unified School        District    and
                                             on
                                                                     by
          WHEREAS the Town desires that the Western                       Heritage   Committee     use   and maintain the
Western                  Arena for      appropriate      rodeo and                                   events that benefit
            Heritage                                                 related
                                                                     youth community
the citizens ofthe      Town     and

          WHEREAS the Town desires to                    the property adjacent to the Western                          Arena
                                                         use
                                                                                                          Heritage
for   community and special        events     that benefit the citizens ofthe 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              onbehalf of the Town of Marana upon

procurement by the            Western                   Committee of rights to the use of the property from the
                                        Heritage
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




DOC
fOO006391                                                                                                         JF   9
                                                                                                                       07
                                                                                                                       28
          PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF

MARANA ARIZONA         this 16th   day of October   2007



                                                           Mayor   Ed Honea


ATTEST                                                     APPROVED AS TO FORM




Jocelyn   C Bronson Town Clerk                             Frank             Town   Attorney
                                                                   Cassidy




DOC
00006391                                                                            JF   9
                                                                                         07
                                                                                         28

                                               2
EXHIBIT A
                                        MEMORANDUM               OF   UNDERSTANDING

   THIS MEMORANDUM OF UNDERSTANDING       MOU is made and entered into by and between
the TowN       OFMARANA             municipal corporation the Town and the WESTERN
                                        an    Arizona
HERITAGE      COMMITTEE a private community group WHE The Town and WHC are
                                  based
sometimes referred to in this MOU                 as    the Parties

                                                             RECITALS

   A The Town has constructed and                                rodeo            known        the Western
                                                        owns a            arena           as
                                                                                                             Heritage    Arena
the Arena               The Arena is located    certain property the Property in the Town of Marana
                                                       on

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
       particularly       defined in Exhibit A attached hereto and                                herein
more
                                                                                  incorporated             by this   reference

   B WHC desires to                      and maintain the Arena for
                                  use
                                                                            public community        events that benefit the
citizens ofthe Town

   C The Town desires                         of the    Property during Town community
                                                                        sponsored                                and
                                        use
                                                                                                                        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
ofthe Arena and from the Town
                         s                        use   ofthe   Property    in accordance with the terms ofthis 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                Property upon which the
                                                                          to the         of the
                                                                 rights            use

           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 ofeach 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

DOC16
00005869
      the President of WHC       designee WHC is under no obligation to consent to additional
                                       or

      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
      related
      youth 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                           s
                                 The Town            events   shall take   scheduling priority          all other events
              or
                   designee                                                                      over

      at   the Arena except      for MJRA and          youth events
                                                       related
  3   Expenses       WHC shall be            responsible    operating expenses of the Arena including
                                                           for all
      but not limited to the cost of all           utilities refuse removal and service of portable
      restrooms         To   ensure   that   youth groups including the MJRA have access to the
                                             related
      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                                    in the amount of
                                                                                provide funding
      000 per month to the WHC
      3
      00
  4   501 Status
      c
      3                         WHC shall take all necessary and appropriate steps to                              fori
                                                                                                                   nal
                                                                                                        acquire
      501 c status as
          3                     a
                                  non corporation by March 1 2008
                                  profit
  5   Inspection ofArena          The Town shall have the                     at all reasonable times to
                                                                      right                                  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    ofthis MOU WFIC will
      be   providedwith written notice of any defects or unsatisfactory conditions                               the Town
                                                                                                            by
      and will be given a reasonable time within which to correct same

  6   Maintenance Repair and                Staffingprovide labor and equipment to maintain
                                                        WHC shall
      the Arena and to staff eventsWHC shall obtain permission from the Town Parks and
                                                                          s
      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 of Insurance naming
                                                                           s                                            the
      Town              additional insured and                                        follows    Commercial General
              as   an
                                            providing coverage                   as


      Liability      1 per occurrence Aggregate
                     000
                     000                                             000
                                                                     000
                                                                     2 Comprehensive
      Automobile Liability     000
                               1combined single limit or 1bodily injury and
                               000                                   000
                                                                     000
      000 property damage The Certificate shall contain provisions that coverage
      000
      1                                      s
      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 shall stipulate that the insurance afforded WHC shall be primary insurance
      s
      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 6
DOC                                                        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 fees which are attributable to any intentional or
                                     s
       negligent act or omission of WHC its members employees agents subcontractors
       volunteers or anyone acting under WHC direction control or on its behalf or anyone
                                         s

       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 45 days
                                                         five                         written notice to WHC

  10   Effective     Date and Duration This MOU shall be effective                                the date it is                 the
                                                                                             on
                                                                                                                    signed by
       Parties      and shall remain in effect for               one
                                                                       year     The    term may      be extended         by   mutual
       written agreement ofthe 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
                                 in default shall be given written notice
                   allegedly                                              by the other party ofthe nature of
                   the alleged    default         The party said to be in default shall have              five
                                                                                                          forty 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                                          in
                                                                                                     prevented      or
                                                                                                                         delayed
                   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
                                      action
                   God or action or non 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                     contained in this
                                                                                                   nothing
       MOU         shall   be construed                 create
                                                  to             any    partnership joint          venture
                                                                                              employment       or


       relationship        between the
                             parties                    or   create         employer relationship between
                                                                            employee
                                                                      any
       any WHC         employee and
                       member                             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 obligation to withhold Social Security and income
                                    s
      taxes for any ofits 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 ofMarana
                115 5 5 W Civic Center Dr

                Marana        AZ 85653



      If to WHC


                President
                Western       Heritage      Committee
                O
                P Box 610
                Marana        AZ 85653


      All notices shall be deemed               given when       delivered          transmitted      facsimile or if mailed
                                                                               or
                                                                                                  by
      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                                    to deliver notice
                                                                                                  inability
     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 ofsuch         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 ofthe            essence   ofthis 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 ofthis MOU or to obtain

     any remedy with respect to this MOU shall be brought in the Pima County Superior

     Court      and       for this                 the    Parties                      and
                                      purpose                          expressly             irrevocably      consent     to     the
     jurisdiction     of the Pima          County Superior       Court


fOO005869 6
DOC                                                            4
            D If either ofthe Parties fails to perform any of its obligations under this MOU or if
        a dispute arises concerning the meaning or interpretation of any provision ofthis 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 ofthis MOU

              FThis MOU may be executed in multiple counterparts each ofwhich 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                     of its                 under this MOU
                                                       assignor            obligations
              H    This MOU is                   S
                                                 R 511
                                      subject to A 38 which provides                           for cancellation of
        contracts in certain     instances involving conflicts ofinterest



   IN WITNESS WHEREOF the Parties hereto have executed this MOU                      as   of the last date set forth
below their respective signatures

THE    TOWN        OF                       Arizona           WESTERN HERITAGE
                   MARANA             an
                                                                                          COMMITTEE        a   private
municipal corporation                                         community group
                                                              based




By                                                            By
               Ed    Honea Mayor



Date                                                          Date




APPROVED AS TO FORM




Town   Attorney




00005869
DOC            6                                       5
                                                                                                          o N   o


     TOWN COUNCIL
                                            TOWN OF MARANA

                                                                                                    SNA
                                                                                                    QXo
                                                                                                    I               7
           MEETING                                                                                  1               7




      INFORMATION
                                                                                                          NzotkK


    MEETING DATE                  October   16   2007                   AGENDAITEM                         J2



                         TO       MAYOR AND COUNCIL


                      FROM        Joshua H   Wright        Assistant to the Town     Manager

                SUBJECT                         180
                                  Resolution No 2007 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                              2008 On                            the Parade of
                                                 February                  February 16 2008
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 charity SAHBA has asked the Town
                                                           based
to select   a
                nonprofit organization    to serve as      the   beneficiary   ofthese   proceeds

Town staff recommends that                       from this event be directed toward the Marana Combined
                                      proceeds
Appeal Program MCAP MCAP is a registered charity under section 5 01 c of the Internal
                                                                         3
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 ofthe Marana community with dignity caring and respect

The MCAP         provides both     emergency assistance to         needy families   and acts   as a     distribution    point
               based
for many other Marana charities By endorsing the MCAP as the beneficiary ofthe Parade
ofHomes fundraising it is therefore assumed that a variety ofother local charities will benefit as
well


                                             FINANCIAL IMPACT


None


                                             RECOMMENDATION


Staff recommends          endorsing   the MCAP    as   the   beneficiary charity     for the   Spirit     ofMarana       day
during     the 2008 SAHBA Parade of Homes


                                            SUGGESTED MOTION


I          to                         180
                        Resolution No 2007
    move
                adopt


MCAP                                                                                       10
                                                                                           32AM 1011012007 JHW
                                                                                           32
                                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 ofHomes in            Marana     and

          WHEREAS the Town         Council at their meeting on March 20 2007 passed
Marana Resolution No            2007 approving and authorizing support for the 2008 Parade
                                41
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 ofthe Marana
community                         based
                and support other Marana charities and

          WHEREAS the MCAP is             a   registered charity   under section 501 c ofthe
                                                                                     3
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         the   beneficiary charity   ofproceeds from the      Spirit   of Marana
           as
                                                                                          day during
the 2008 Parade ofHomes

         PASSED AND ADOPTED                   by the Mayor   and Council ofthe 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                                     33
                                                                                             42AMJHW
                                                                                  1011012007 10
                                                                                                                       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                           to
                                                                                                                      Relating
                                        Development approving and authorizing                                a
                                                                                                                 rezoning for      the

                                        Uptown at Marana Specific Plan


                                                              DISCUSSION

Histor
                                                               d
This item    was   continued at the October 2                      Council   meeting to     address recommended conditions


A   presentation               made     to   Town Council                             2007 to familiarize the Council with
                   was                                              on
                                                                         August 14
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 with Commissioners
                                                                          2
Winger   and                                  for
                Fogel dissenting                    recommending approval            to Town Council




Rezoning Request
The   project   lies north ofMarana                 Road    west of 1
                                                                    10 to Sanders Road                Approval       ofthis   proposed
rezoning   would recommend                   to   the Town Council to                 the                    of approximately 205
                                                                             rezone
                                                                                            subject   area

             144
        from Rsingle                         family residential 144
                                                                000          square foot minimum lot area to F
acres


Specific Plan to create the Uptown at                         Marana Specific Plan   The purpose of F zoning is

generally to provide functionality and creativity                         in site design that the developer
                                                                                    planning   and
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 ofresidential 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      Density Residential MDR MDR
                                                                                Medium
                                                           subject area    as

is characterizedby         detached and attached
                                            single dwelling units as well as other various
                                            family
types  of multi housing
           family                    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        Marana                   doc
                                                   Plan TC
                          at            Specific
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   designations totaling 205
                                                                        use                                             acres       Low
medium residential          41 acres       and           residential 26 acres are planned                              for the central
                                                  medium
                                                  high
and northwest       areas    of the site          Neighborhood  8 acrescommercial
                                                                              smaller pedestrian         is   a

scale commercial      area     located north of and          parallel            Marana Road
                                                                        Regional commercial 80
                                                                            to

acres is planned for the eastern area of the property adjacent to 1 and the neighboring
                                                                       10
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      designations are described in more detail below
              use


    Medium
    Low Density Residential for single dwelling units including attached units
                                            family
    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 square feet The density
                                                                  200
    range is 3
             1        0
                      8 units per          acre



    Medium Density
    High                              Residential for attached       single dwelling units including town
                                                                     family
    homes     row   houses        and urban villas          This      also includes traditional multi units
                                                                      use
                                                                                                family
    The minimum lot                    for attached
                              area
                                                           single family units is 1 square feet The density
                                                                                  625
             1
    range is 8        0
                      12 units per              acre



    Neighborhood Commercial is proposed                      as   a   pedestrian scale       central     marketplace       in   a   Main
    Street setting with a variety ofretail and               service    uses



    Regional      Commercial is located to take               advantage     1 and Marana Road
                                                                            10   of                to
                                                                                      visibility
    This   area   includes   wide range of vehicle oriented retail uses ranging from national retail
                              a

    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 uses along with
                              family                                        commercial             permitted      in
                                                                                           uses
                                                                                                                       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




       06099
101607 PCZ Uptown      at   Marana   Specific        doc
                                                Plan TC
Six    street   and    alley   cross       sections     are
                                                                  proposed     for the commercial and residential       areas    Those

proposed        sections        presented
                              were                      in
                                            Design Exception Report to allow
                                                             a                                           for   some    variance from
Marana street           standards and approved by the Planning Commission                                      their              2007
                                                                                                         at
                                                                                                                       July 30
meeting

Road     Improvements
There            several road
          are
                      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 traffic interchange extending Marana Main
                                            10
Street from        Sandario Road               to Road reconstructing the Marana Road Road
                                                      Marana                     Sandario
intersection          and  building     pedestrian underpass
                                              a                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 for Marana Road and
                                                         way
                                                         of
Sanders         Road           In    addition                intersection
                                                improvements for signalization turn lane
                                                       to

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                        the
                                                  subject to              adopted Northwest    Marana
                                                                                                        Roadway Impact          Fee


Open Space Recreation                      and Trails

The                   at Marana                        Plan will
       Uptown                           provide a central community park as well as pocket
                                       Specific
parks throughout the development These parks will address the required on recreational
                                                                       site
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
                                                               layout of open space and a network of trails to
                                                                   linear
           all              within the                            well
connect          areas
                                              project        as
                                                                major community trails adjacent to the property
                                                                          as


Landscaped        buffer       areas      are
                                              provided along the perimeter of the project including a 30 buffer
along   I10      as    well   as    internal buffers between different land                uses




This   development will              be                     the
                                           subject to              adopted Park Development Impact           Fee


Sanitary Sewer
All lots    are
                   proposed           to    be served         by extending         the   existing sanitary
                                                                                          The                 sewer
                                                                                 system
Developerwill 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




       06099
101607 PCZ                    at Marana                    doc
                                                      Plan TC
                   Uptown                  Specific
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       This agreement will address potable and non systems that set forth
                plat                                        potable
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 to serve the property MMWC will own the potable
                                    s
and non water systems will provide potable water service to the property and either
     potable
MMWC or another water provider will supply non water service to the
                                             potable                      property The
water    will be   provided through           the   non
                                                    potable      water   system constructed               the    Developer and
                                                                                                     by
dedicated     to MMWC            The Water Service Agreement must be in                                 to the
                                                                                      place prior                approval ofthe
Master Water Plan



School District
The    developer has volunteered to contribute a fee per residential                       unit to                the effects of
                                                                                                     mitigate
the   proposed development on the Marana Unified School District

Fire Protection

This property will be served by two fire districts                                         40            of the property is in
                                                                   Approximately                acres

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 satisfaction that a diligent effort has been made to
                                         s
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                     s
                                                                                                                   the Town
                                                                                                     areas
                                                                                                              by
adoption     of this
                  ordinance       requiresstaff            the
                                               applicant waive any rights to compensation for
diminution in value by execution and recordation ofthe attached waiver instrument the Consent
to Conditions of Rezoning and Waiver of Claims for Possible Diminution of Value
                                                                                                                       Resulting



       06099
101607 PCZ Uptown        at   Marana   Specific Plan TC
                                                     doc
                                                   25
from Town of Marana Ordinance No 2007 Ordinance No 2007 is not
                                 25                                                                             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         d
                                                                                                          2 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         applicable provisions ofthe Town Codes and Ordinances current
                          with all                      s
         at              subsequent development including but not limited to requirements for
              the time of any
         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    ofthe proposed development

4        The maximum allowable residential units for the                                    shall not exceed 930
                                                                                project
5        The property owner shall              not cause
                                                              any lot   split   of any kind without the written            consent

         ofthe Town of Marana

6        No    approval permit        or   authorization       by the   Town of Marana authorizes violation of any
         federal         state lawregulation                       relieves the
                   or                   or
                                                            applicant or the land owner from
                                                              or


         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               action necessary to                                            with                  laws   and
                             any                                    assure
                                                                                compliance                  applicable
         regulations
7        The    Developer      shall     dedicate        ordedicated from the Property the
                                                              cause     to   have
         necessary half rights for Marana Road Sanders Road and no more than
                   street ofway
          1 square feet of right on the Property for a Marana Road pedestrian
          000                  of
                               way
         connection and contribute 300 for pedestrian connection improvements or
                                     000
         downtown beautification payable upon issuance ofthe first grading or building permit on
         the Property




        06099
10 1607 PCZ Uptown at Marana       Specific        doc
                                              Plan TC
8     The Developer shall contribute proportionally to the Project impact based on a Town
                                                           s
               traffic impact analysis to the cost to design and construct the circulation
      approved
      improvements              Road Marana Main Street Sandario Road Sanders Road the
                             to Marana
      Marana Road traffic
             10
             1                  interchange including without limitation any improvements to
      the frontage road and construction of a shoo connection from Marana Road to the
                         or                      fly
      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 proportional share of the costs of the infrastructure referenced in
                 s
      this paragraph As provided by A     S
                                          R        9 the cost of any transportation
                                                   463
                                                   05
      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   sewerservice 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 ofthe final block plat by the Town Council
11    Before   certificate of occupancy is issued for any dwelling unit on the Property the
                a

                                                                      s
      Developer shall have completed or shall provide evidence to the Town 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 fireprotection service
12    Installation of        a   potable
                                 non 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 ofWater 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 shall arrive at an agreeable solution to the
                               landowner
      use ofthose 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 ofthe Planning Director and the Parks and Recreation
      Director The community and neighborhood parks must be identified in subdivision plats
      with detailed design as part ofthe 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




       06099
101607 PCZ Uptown   at   Marana    Specific        doc
                                              Plan TC
                                                                             bound
           following final edition of the Uptown at Marana Specific Plan one non original
           forty bound copies and one digital copy in Microsoft Word or other acceptable format
           within sixty days ofthe adoption

           Minor                         and technical      changes         required by   the Town of Marana shall be
16                   grammatical                                       as

           made to the     Uptown        at Marana     Specific    Plan

17         The Master      Developer        shall submit      anannual report within 30 days ofthe 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
           thateventually        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 the
                                       25                          rezoning   of the   Uptown   at Marana   Specific   Plan
with conditions




        06099
10 1607 PCZ Uptown         at   ana
                                Mar   Specific   Plan TC
                                                      doc
                                                    25
                                MARANA ORDINANCE NO 2007



RELATING TO DEVELOPMENT APPROVING AND AUTHORIZING A REZONING                                                   FOR
THE UPTOWN AT MARANA SPECIFIC PLAN



         WHEREAS          JF   Properties            Group LLC represent the property owners
                                            Inc and The Cardon
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                      2
     said meeting voted 4to recommend that the Town Council approve said                  rezoning adopting the
recommended       conditions and


     WHEREAS the Marana Town Council heard from representatives ofthe owner staff and
members ofthe 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             and Council of the Town of
                                                                         Mayor
Marana Arizona       as   follows


Section 1 A minor amendment to the General Plan of approximately 205 of land located
                                                                 acres
within aportion ofSection 2 1    Township I I South Range I I East north ofMarana Road from I10
west to Sanders Road       the Property changing   the land use designation from MDR Medium

Density Residential       to MPA      Master Planning Area

Section 2     zoning of the Property is hereby changed from Zone RSingle family
              The                                                144
residential 144 square feet minimum to F Specific Plan creating the Uptown at Marana
            000
Specific Plan

Section 3 The purpose ofthis rezoning is to allow the use ofthe Property for a master planned

community that includes regional and neighborhood commercial mixed use of commercial and
residential a mix ofresidential densities and housing types recreation and open space subject to the
following conditions the violation ofwhich shall be treated in the same manner as aviolation ofthe
Town of Marana Land
                       Development Code but which shall not cause a reversion of this rezoning
ordinance



DOC
00006437      3                                                                           Marana Ordinance No 2007
                                                                                                              25

                                                   Page   I of 4
1    Compliance        with all    applicable provisions ofthe Town Codes and Ordinances current at
                                                               s
     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                                    for        contribution per residential unit    to
                                                         providing               a


     mitigate   the effects ofthe          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 regulation
                                     or                 or
                                                             applicant or the land owner from
                                                              relieves the

     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                                   with     applicable        laws and   regulations
                                  assure
                                           compliance
7    The   Developer        shall   dedicate         dedicated from the Property the necessary
                                                                  have
                                               or cause      to

     halfrights for Marana Road Sanders Road and no more than 1 square feet
     street of way                                                            000
     of right on the Property for a Marana Road pedestrian connection and contribute
        way
        of
     300 for pedestrian connection improvements or downtown beautification payable upon
     000
     issuance ofthe first grading or building permit on the Property

8    The   Developer        shall contribute proportionally to the Project impact based on a Town
                                                                   s
     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 10 traffic
            1                interchange including without limitation any improvements to the
                   or
     frontage road and construction ofa shoo connection from Marana Road to the frontage
                                         fly
     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 ofall           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 proportionate share the
                                                          s
     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 proportional
                                                                       s
     share ofthe costs ofthe infrastructure referenced in this paragraph As provided by A
                                                                                        S
                                                                                        R

       9the cost of any transportation improvements constructed by the Developer for
       05
       463
     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      ofthe final block   plat by   the Town
     Council




DOC
00006437    3                                                                                                            25
                                                                                                     Marana Ordinance No 2007


                                                       Page   2 of 4
10    A        service agreement and master sewer plan must be submitted by the Developer and
           sewer

                                                                   and the Town Engineer prior
      accepted by the entity responsible for wastewater management
                            ofthe final block       plat by the       Town Council
      to   the   approval
11    Before   certificate of occupancy is issued for any dwelling unit on the Property the
                     a

                                                                     the Town satisfaction that
                                                                         s
      Developer shall have completed or shall provide evidence to
      Developer has made a diligent effort to complete the process ofhaving the Property annexed
                                                                for fire                service
      into   a   fire district   or   otherwise   provide                  protection
      Installation ofa non system shall be required to serve the common open space                                           areas
12                     potable
      and other landscaped amenities as accepted by the Town of Marana

       If it is determined that such                                 the              and         owned    by the Developer at
13                                           rights exist       on
                                                                           Property         are

                                                                 shall transfer with the final plat by the           appropriate
      the time of final    plat the property         owner

                                                                           those water   rights being IGR Type           Ior Type
       Arizona       Department of Water Resources form
       11 to the Town of Marana for the Town                    providing designation         of assured water         supply and
                                                  If Type I or              11 is needed          the   Property   the Town and
       water service to the           Property                       Type                   on


       developer shall
       landowner                             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 ofthe landscape plans for those subdivisions

15     Upon adoption ofthe ordinance by the Mayor and Council approving the Uptown at Marana
                                                                                            final
       Specific Plan the applicant shall provide the Planning Department with the following
                                                          bound
       edition ofthe Uptown at Marana Specific Plan one non original forty bound copies
       and one digital copy in Microsoft Word or other acceptable format within sixty days ofthe

       adoption
                                                                                      the Town of Marana shall be made
16     Minor      grammatical and technical changes as required by
       to the               at Marana      Specific   Plan
                 Uptown
17     The Master        Developer shall    submit an annual report within 3 0 days ofthe anniversary of the
       Town Council
            s            approval          ofthe Specific Plan in addition to those requirements listed in the
       Land      Development Code
18     Development ofthe Property shall comply with                         all FEMA requirements             including   any that
                                                                                                    2007 draft Pima       County
       eventually become effective in relation to FEMA September 17
                                                  s

                                                                                                   change     in the   floodplain
       Levee Failure        Analysis floodplain          map which proposes                   a


       designation       of an    area   that includes the Property

Section 4 This Ordinance shall be treated    having been adopted and the 30 referendum period
                                                      as                  day
established by Arizona Revised Statutes section AS
                                                R            19 shall begin when the Town
                                                             D
                                                             142
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
                                                                                    Act A
potential claims against the Town under the Arizona Property Rights Protection           S
                                                                                         R
   12 et seq and specifically A
   1131                             R 12 resulting from changes in the land use laws that
                                    S 1134

apply to the Property as a result ofthe Town adoption ofthis Ordinance If this waiver instrument
                                        s



                 3                                                                                                            25
                                                                                                          Marana Ordinance No 2007
DOC
00006437
                                                         Page     3 of 4
           recorded within 90 calendar days after the motion       approving   this Ordinance this Ordinance
is   not

shall be void and of no force and effect

                                                                                          and
Section 5 All Ordinances Resolutions and Motions and parts of Ordinances Resolutions
Motions ofthe Marana Town Council in conflict with the provisions ofthis Ordinance
                                                                                   are
                                                                                       hereby
repealed      effective   as                                        25
                               ofthe effective date of Ordinance No 2007

Section 6 If any        section subsection   sentence             portion of this Ordinance is for any
                                                        clause phrase   or


reason held to be invalid or unconstitutional by the decision of any court
                                                                           of competent jurisdiction

such decision shall not affect the validity ofthe remaining portions  hereof

            PASSED AND ADOPTED by the           Mayor and Council       ofthe Town ofMarana Arizona this

16 day of October
h                          2007




                                                             Mayor    Ed Honea

ATTEST




             C                 Town Clerk
Jocelyn          Bronson


APPROVED AS TO FORM




Frank       Cassidy    Town     Attorney




                                                                                                            25
                                                                                        Marana Ordinance No 2007
 00006437
 DOC               3
                                                   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 30WEST ALONG THE WEST LINE OF SAID
                                 58
SECTION 21 TOWARD THE NORTHWEST CORNER OF SAID SECTION 21 BEING A HALF
                         00
INCH REBAR A DISTANCE OF 30 FEET THENCE NORTH 390 21 EAST PARALLEL
                                                  04
         00
WITHAND 30 FEET NORTH OF THE EAST MID OF SAID SECTION 21 A
                              WEST SECTION
DISTANCE OF 30 FEET TO THE POINT OF BEGINNING
            00
THENCE NORTH 00o 30 WEST ALONG THE EAST RIGHTLINE OF SANDERS
                 53                        WAY
                                           OF
ROAD AS SET FORTH IN DOCKET 368 PAGE 7 RECORDS OF PIMA COUNTY ARIZONA
BEING PARALLEL WITH AND 30
                        00FEET EAST OF SAID WEST LINE OF SECTION             21   A DIS
         23FEET TO THE NORTH LINE OF SAID SECTION
TANCE OF 2606                                                 21    THENCE NORTH 39

EAST
19
33           ALONG SAID NORTH LINE OF SECTION      21 A DISTANCE OF 2612 FEET TO
                                                                    43
THE NORTH QUARTER CORNER OF SAID SECTION          21 THENCE NORTH 8951
                                                                    22
                                                                    EAST
                                                  02FEET TO A POINT ON
ALONG SAID NORTH LINE OF SECTION 21 A DISTANCE OF 165
THE SOUTHWESTERLY RIGHTLINE OF INTERSTATE 10 ALSO KNOWN AS THE
                    WAY
                    OF
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 0 T PLANS DATED SEPTEMBER 6 PROJECT
                          D                           1960
    10
    4
NO 1 26 231 THENCE SOUTH 50 29 EAST ALONG SAID RIGHTLINE
                               00                  WAY
                                                   OF
759 FEET THENCE SOUTH 460 57EAST ALONG SAID RIGHTLINE 299
92                        59                WAY
                                            OF        73
FEET THENCE SOU TH 000 25 EAS T PA RA LLEL Wf TH AND 1680 00 FEET WEST OF THE
                        40
EAST LINE OF SAID SECTION 21 A DISTANCE OF 1910 FEET THENCE SOUTH 89 21
                                           15
04 WEST ALONG THE NORTH RIGHTLINE OF MARANA ROAD AS SET FORTH BY
                        WAY
                        OF
PIMA COUNTY ESTABLISHMENT NO 114 BEING PARALLEL WITH AND 30 FEET NORTH
                                                         00
        WEST
OF SAID EAST MIDSECTION LINE OF SECTION 2 1 A DISTANCE OF 3573 FEET TO
                                                          59
THE POINT OF BEGINNING


THE PARCEL   DESCRIBED ABOVE CONTAINS 207
                                      75          ACRES MORE    OR    LESS
                                                                                                               N



      TOWN COUNCIL
           MEETING

      INFORMATION


MEETING DATE                         October
                                                 TOWN OF MARANA



                                                 16     2007                     AGENDAITEM
                                                                                                         R
                                                                                                         qMl
                                                                                                          9




                                                                                                              K I
                                                                                                                  ANA   7




                          TO         MAYOR AND COUNCIL


                   FROM              Jocelyn     C   Bronson        Town Clerk


             SUBJECT                 Resolution No 2007
                                                   181      Relating to Boards Commissions and
                                     Committees approving     authorizing the reappointment of Ed
                                                                         and

                                     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

        are for alternate citizen members These terms will
seats
                                                           expire August 20 2010

The vacancies         were      posted   on   the Town website
                                                  s                     on   October 1 2007 The      posting period ended
October 10 2007 at which time all applications were forwarded                                to   the Manager Review
                                                                                                      s
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 meeting
s                           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 ofthe Personnel Action Review Board


                                                  SUGGESTED MOTION


I   move   to approve Resolution No               2007 approving
                                                  181                          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




                                                                                                                 8
                                                                                                                 2007 AM
                                                                                                                 11
                                                                                                                 31
                                                                                                              JCB10
                                            181
                       MARANA RESOLUTION NO 2007




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 ofcitizens 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    member
                                                                       five Board in                     place the
reappointment        of Ed McCauley         and the    appointment          of   Terry   Tometich        are
                                                                                                             being
considered      at   tonight meeting
                     s                       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                   and  Terry Tometich is appointed                   to the
                                           reappointed
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                   L1


                     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 briefpresentation    will be   given        the                          for the Wastewater Service Rate
                                         on
                                                    preliminary findings
Case Study


                                         RECOMMENDATION


Information   only

                                         SUGGESTED MOTION


None              information   only
       required

				
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