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HomeMy WebLinkAboutCouncil Study Session Agenda Packet & Council Packet 11/16/2004 TOWN OF MARANA, ARIZONA STUDY SESSION AND COUNCIL MEETING AGENDA 13251 N. Lon Adams Road November 16, 2004- 5:30 p.m. Mayor Vice Mayor Council Member Council Member Council Member Council Member Council Member Town Manager Bobby Sutton, Jr. Herb Kai Jim Blake Patti Comerford Tim Escobedo Ed Honea Carol McGorray Mike Reuwsaat Welcome to this Marana Council Meeting. Regular Council Meetings are usually held the first and third Tuesday of each month at 7:00 p.m. at the Marana Town Hall, although the date or time may change, or Special Meetings may be called at other times and/or places. Contact Town Hall or watch for posted agendas for other meetings. This agenda may be revised up to twenty-four hours prior to the meeting. In such a case a new agenda will be posted in place of this agenda. If you are interested in speaking to the Council during Petitions and Comments, Public Hearings, or other agenda items, you must fill out a speaker card (at the rear of the Council Chambers) and deliver it to the Clerk in advance of the agenda item you wish to address. It is up to the Mayor and Council whether individuals will be allowed to address the Council on issues other than Announcements, Petitions & Comments, and Public Hearings. All persons attending the Council Meeting, whether speaking to the Council or not, are expected to observe the Council Rules, as well as the rules of politeness, propriety, decorum and good conduct. Any person interfering with the meeting in any way, or acting rudely or loudly will be removed from the meeting and will not be allowed to return. To better serve the citizens of Marana and others attending our meetings, the Council Chamber is wheelchair and handicapped accessible. Any person who, by reason of any disability, is in need of special services as a result of their disability, such as assistive listening devices, agenda materials printed in Braille or large print, a signer for the hearing impaired, etc., will be accommodated. Such special services are available upon prior request, at least ten (10) working days prior to the Council Meeting. For a copy of this agenda or questions about the Council Meetings, special services, or procedures, please contact Jocelyn C. Bronson, Town Clerk, at 682-3401, Monday through Friday from 8:00 a.m. to 5:00 p.m. ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA. Amended agenda items appear in italics. Posted no later than November 12, 2004 by 5:30 o'clock p.m., at the Marana Town Hall and at www.marana.com under Town Clerk, Minutes and Agendas. TOWN OF MARANA, ARIZONA STUDY SESSION AND COUNCIL MEETING AGENDA 13251 N. Lon Adams Road November 16, 2004 - 5:30 p.m. STUDY SESSION CALL TO ORDER 1. Presentation: Cortaro Road Update (Mike Rewusaat) 2. Presentation: Rezoning- Public Participation Process (Jim Mazzocco) 3. Presentation: Airport Update (Charles Mangum) 4. Presentation: Maintenance and Operations (Mike Mencinger) 5. Presentation: Founders' Day Update and Vendor Policy (Tammy Reyes) DINNER BREAK COUNCIL MEETING I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. INVOCATION/MOMENT OF SILENCE IV. ROLL CALL V. APPROVAL OF AGENDA VI. ACCEPTANCE OF MINUTES Minutes of October 19, 2004 Regular Meeting Minutes of October 26, 2004 Regular Meeting Minutes of October 25, 2004 Study Session VlI. CALL TO THE PUBLIC ~ ANNOUNCEMENTS ~ INTRODUCTIONS ~ UPCOMING EVENTS At this time, any member of the public is allowed to address the Town Council on any issue not already on tonight's agenda. The speaker may have up to three (3) minutes to speak. Any persons wishing to address the Council must complete a speaker card (located at the rear of the Council chambers) and deliver it to the Town Clerk prior to this agenda item being called. Pursuant to the Arizona Open Meeting Law, at the conclusion of Call to the Public, individual members of the Council may respond to criticism made by those who have addressed the Council, may ask staff to review the matter, or may ask that the matter be placed on a future agenda. VIII. STAFF REPORTS 2 TOWN OF MARANA, ARIZONA STUDY SESSION AND COUNCIL MEETING AGENDA 13251 N. Lon Adams Road November 16, 2004 - 5:30 p.m. IX. GENERAL ORDER OF BUSINESS A. CONSENT AGENDA The consent agenda contains agenda items requiring action by the Council which are generally routine items not requiring council discussion. A single motion will approve all items on the consent agenda, including any resolutions or ordinances. A Council Member may remove any issue from the consent agenda, and that issue will be discussed and voted upon separately, immediately following the consent agenda. e e e Resolution No. 2004-150: Relating to Water Service: approving and authorizing the execution of the Intergovernmental Agreement between the Town of Marana and Pima County for billing of sewer user accounts and provision of water consumption data (Brad DeSpain) Resolution No. 2004-154: Relating to Subdivisions; approving a Final Plat for Rancho Marana 154. This item was continued from the November 3, 2004 meeting. (Barbara Berlin) Resolution No. 2004-156: Relating to Subdivisions; approving a Release of Assurance, Irrevocable Letter of Credit No. S21970Z by Compass Bank, for Lots 1 thru 48 and Common Area A (private streets), Canyon Pass at Dove Mountain (Keith Brann) Resolution No. 2004-157: Relating to Subdivisions; approving a Release of Assurance Agreement for Golf Villas at Solana, Trust No. 784, for Lots 1 thru 20, Common Areas A & B, and Tract A (Keith Brann) Resolution No. 2004-158: Relating to Subdivisions; approving a Release of Assurance Agreement for Sombra Del Tecolote, Trust No. 60,077 for Lots 1 through 8 and acceptance of public improvements for maintenance (Keith Brann) Resolution No. 2004-159: Relating to Community Development Block Grants; approving and authorizing the Town of Marana to enter into an Intergovernmental Agreement with pima County for the management and implementation of the 2004 Community Development Block Grant Program (Dan Groseclose) Resolution No. 2004-160: Relating to Community Development Block Grants; approving and authorizing the Town of Marana to execute an Intergovernmental Agreement Amendment to extend the current contract with Pima County for the management and implementation of the Community Development Block Grant Program to December 31, 2005 (Dan Groseclose) 3 TOWN OF MARANA, ARIZONA STUDY SESSION AND COUNCIL MEETING AGENDA 13251 N. Lon Adams Road November 16, 2004 - 5:30 p.m. Resolution No. 2004-161: Relating to Community Facilities Districts; approving amendments to policy guidelines and application procedures for the establishment of Community Facilities Districts (Roy Cuaron) B. COUNCIL ACTION Resolution No. 2003-153: Relating to Real Estate; approving and authorizing the Mayor to sign the Beacon Hill Communications Site Lease and Settlement Agreement; and declaring an emergency (Frank Cassidy) Ordinance No. 2004.22: Relating to Real Estate; approving an exchange of real property located along the Santa Cruz River in northwest Marana; authorizing the Mayor to execute an agreement with the Pima County Flood Control District and any deeds and other documents necessary to accomplish the exchange; and declaring an emergency (Frank Cassidy) C. MAYOR AND COUNCIL'S REPORT D. MANAGERS' REPORT X. FUTURE AGENDA ITEMS XI. ADJOURNMENT Bobby Sutton, Jr., Mayor 4 TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: November 16, 2004 AGENDA ITEM: Study Session #1 TO: FROM: SUBJECT: MAYOR AND COUNCIL Michael A. Reuwsaat, Town Manager Cortaro Road Update DISCUSSION Staff will present an update on the Cortaro Road project. None. None. None. ATTACHMENTS RECOMMENDATION SUGGESTED MOTION 11/10/2004; 10.'20 AM TOWN COUNCIL MEETING TOWN OF MARANA INFORMATION MEETING DATE: November 16, 2004 AGENDA ITEM: Study Session #2 TO: FROM: SUBJECT: MAYOR AND COUNCIL Jim Mazzocco, Development Services Director Re-Zoning Public Input Process DISCUSSION Staff will make a presentation on the public input process for rezones. Organizational chart None. None. ATTACHMENTS RECOMMENDATION SUGGESTED MOTION 11/10/2004; 10:21 AM TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: November 16, 2004 AGENDA ITEM: Study Session #3 TO: FROM: SUBJECT: MAYOR AND COUNCIL Charles Mangum, Airport Director Airport Update DISCUSSION Staff will make a power point presentation on the current and planned airport projects. None. None. None. ATTACHMENTS RECOMMENDATION SUGGESTED MOTION 11/10/2004; 10.'22 AM s m M t • cn 0 • • ft • �r. • • e x. e e i • z • `3 y "n - • m CO Paz • - 1 Dam u TI p8m • C,;on • b p S_ m aFO= • m O n �ZZ m Xxam O Qm m ��0 z m m — m � *O Z • D .- C • mo a 7 • a a , > it IA ` x s • • 6 O • i m t me 'o �o • Ho 2 0 Mau � s �, • ' � • iiH • • • z ' • a� • N • O nZ • o o v • mm • z O y 0 • r I ca m m a O �1 • 00 • p nm w • o < m z M CC '> i rn • 0 �°. 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Common Landscape Design Standards is to provide minimum required Vocabulary i standards for development of future projects at the Airport, and to ensure that new development will be consistent with the goals of the . Economically . Town of Marana. The intention is that the Standards will apply to any Viable renovation of existing facilities or sites, as well as new construction. These standards are an amendment to the Town of Marana, Arizona • Socially Active Land Development Code that will promote the following specific goals: • Generate • Ensure quality development of the land within the Airport. Revenue • Strengthen the Design Theme of the Airport by encouraging a Community common vocabulary amongst landscape, signage, building Services • details, street furniture, art/sculpture and other elements in public view. * Environmental 0 Promote a harmonious environment in which individual buildings Sensitivity can still incorporate creative design and maintain their identity. 0 Encourage a site design that complements the surrounding area. i • Achieve site and building development that is compatible with ' Communication Airport Operations and all Federal Aviation Administration Tool • requirements. ® Community • Stress the creation of economically viable and socially active Expectations spaces that will help produce new facilities to generate revenue and provide services for the surrounding communities. 4 Standard Prior • • Establish environmentally responsible development including to Permit buildings that have a reduced impact on natural resources and lower maintenance costs. • * Public Application of Design Standards Visibility of Exterior Architectural and Landscaping design standards are a very important Areas part of maintaining the unique character of the Marana Regional Airport (MRA). Foremost, these standards serve as a communication Encourage tool in educating property owners and developers as to the community Existing expectations for all new construction or renovations of existing Buildings to buildings. The accompanying narrative and illustrations have been comply developed to serve as a standard for the MRA in reviewing . applications for construction or alterations prior to submitting for and the issuance of a building permit by the Town of Marana. These design standards are not meant as a checklist for "good" design, nor are they meant to be applied in such a manner as to prevent development. However, this document is to provide the regulatory authorities support to ensure that new construction and renovation of existing structures is consistent with the character - defining elements identified within this document. • 1.1 • i S These standards shall apply only to the exterior of buildings and any portion there of visible from public rights -of -way including the airstrip. Existing buildings that contain nonconforming elements are • encouraged to make alterations that will improve the overall appearance of the building. As non - conforming buildings are altered, i the proposed alterations shall be in compliance with this document. The Marana Regional Airport Design Review Committee shall use these standards to review proposed projects in a consistent, fair and equitable manner. Design Review Committee (MRA DRC) The Town of Marana has appointed a Design Review Committee (DRC) to govern the approval process for future development and redevelopment on Airport property. The Town of Marana has • appointed three (3) members to the Design Review Committee. The committee shall be composed of the following: Airport Director, Airport Architect, and the Town of Marana Planning Director. Prior to any t improvements occurring, the DRC shall review and approve plans and specifications of any future development. Design Standards outlining basic standards setting aesthetic controls for the Airport property have been adopted by the Town of Marana. The role of the DRC is to assist the future owner /tenant in the planning, design and construction of each project. This assistance would also carry over to help the owner /tenant in obtaining approval through the . Town of Marana. Minimum Requirements and Referenced Standards All development within Marana Regional Airport shall comply with • applicable codes and regulations of the Town of Marana, Pima County, the State of Arizona, the Federal Aviation Administration and the Development Master Plan approved by the Town of Marana for MRA. The Marana Regional Airport Architecture and Landscape Design Standards are an integral part of the Marana Regional Airport Design Theme. Where these Design Standards provide more stringent development standards than the appropriate public agency, the MRA Architecture and Landscape Design Standards shall apply. Where the S appropriate public agency regulations are more stringent than these • Design Standards, the public agency regulations shall apply. All plans and specifications reviewed and approved by the DRC are not approved for engineering, design or architectural competence or for compliance with the code /ordinance requirements of the Town of Marana. However, close coordination with the Town of Marana to include their requirements will be incorporated in the review process • wherever possible. • 1.2 • All of the standards referenced in this manual are supplemental to applicable building and development codes pertaining to both the town,, of Marana and Federal Aviation Administration (FAA). (See attached • appendix for FAA Form 7460 -1). A list of Federal Aviation Administration documents that provide design criteria for specific elements of airport related development is provided in the Appendix. All currently adopted or future adopted codes by the Town of Marana • shall apply. All federal, state and local regulations relating to on -site construction must also be met, including but not limited to: ■ Uniform Administrative Code 1997 ■ Uniform Plumbing Code 1994 ■ International Building Code 2000 ■ International Residential Code 2000 ■ International Mechanical Code 2000 • International Property Maintenance Code 2000 ■ National Electric Code 1999 ■ Uniform Fire Code 1997 Authority and Jurisdiction These Architecture and Landscape Design Standards shall apply to all existing and future development of the Marana Regional Airport. The a Marana Regional Airport Design Review Committee (MRA DRC) shall encourage creativity in design, innovative use of materials, and unique methods of construction so long as the final result is consistent with the Town of Marana and the Marana Regional Airport's overall intent and vision. It shall be noted that all Airport Property will be governed by • these Standards. In general, no construction activity related to any proposed common project area shall be allowed to commence until the MRA DRC has approved the project in accordance with these Design Standards. These Standards may be amended or supplemented from time to time by the Town of Marana. It is the responsibility of each lease holder or Developer to obtain and review a copy of the applicable and most current Architecture and Landscape Design Standards. These Standards are binding upon each Owner, Builder- Developer, or other person who, at any time, constructs, reconstructs, refinishes, alters or . maintains any improvement upon a Lot, or makes any change in the natural or existing surface, drainage, or plant life thereof. These Design Standards are administered and enforced by the MRA DRC. Required permits issued for any development on the airport grounds shall comply with the decisions and regulations of all parties concerned. The Town of Marana shall review appeals in accordance i with all local and governmental agency regulations. 1.3 • Submittal Procedures In order to assist each master leaseholder in the development A4wAW RA j 6W r (planning, design, and construction) of his /her particular project, an easy -to- understand design review process has been established • pursuant to these Standards. The submittal process provides an opportunity for the Owner to draw upon the expertise and knowledge that has been acquired during the planning and development of the Airport. The preservation and enhancement of the Airport's character is an important principle that the MRA DRC shall ensure and carrying out. All modifications, alterations, additions and changes to the original i scope, construction, or improvements of any Airport property shall be submitted to and approved by the MRA DRC prior to construction or i implementation of proposed work. Prior to proceeding with any work beyond Schematic design, submit a complete package to the Airport Director. Upon receiving a complete package, the Airport Director will schedule an appointment with the MRA DRC for approval. The developer may be required to conduct a formal presentation to the MRA DRC. A letter will be sent to the developer applicant providing either 1) Acceptance, 2) Accepted with conditions or 3) Modifications required and resubmit. The Airport Director may approximate the submittal processing time with a complete submittal. Processing times shall depend on the size of the project and the meeting schedule of the DRC. Upon acceptance, the developer may proceed to submit plans to the Town of Marana Planning Department, Engineering Department, and Building Department. All material submitted for review, will be retained by the Airport as a permanent record. Any major modifications to the design, • previously approved by the MRA DRC shall require an additional review by the MRA DRC. Designs submitted to the Town of Marana ` for a building permit shall be identical to those approved by the MRA DRC. • The MRA DRC has the authority to grant waivers to the MRA Design Standards by an affirmative vote of the majority of the members (three a votes) of the MRA DRC. The MRA DRC does not have the authority to waive any Town of Marana requirements. 1.4 • • A4-- A4pimW A+ -t • • • • • Submittal Procedures Diagram • • Complete Schematic Design. • See appendix for examples of submittal package and list of required drawings. Submittal request letter to Airport Director • for DRC review and approval Airport Director to confirm package meets Schematic Design submittal requirerrient ` See appendix` • Presentation to MRA DRC pproal status letter issued • Submit to Town of Marana Planning, Engineering, and Building Departments Proceed with Design Development & Construction and Bidding Documents Building permit issued by Towrr o • • i • • i • 1.5 • • Site Design and Improvements 2.0 ;,, This section includes Standards for site planning that will help ensure that Marana Regional Airport is developed in a manner consistent with the goal of creating a quality and functional industrial /commercial aviation related community. Site development within Marana Regional Airport (MRA) shall conform to the approved Development Master Plan, Architecture and Landscape Standards approved by the Town of Marana for the MRA, Federal Aviation Administration (FAA) regulations, and specific use types allowed or prohibited by the Town of Marana Zoning Ordinance. Site Security Submittal Requirements Provide a plan indicating additions or alterations to the Air Operations Area (AOA) security envelope and/ or adjacent landscaping for review by the MRA DRC. General Goals • A continuous security envelope shall be maintained throughout the process of all new construction, any building modification and work to associated grounds. The removal of an existing security element requires the replacement of components deemed necessary by airport authorities. All security barriers (fence, gates, bollards, etc.) that are removed shall be replaced. The replacement barriers shall be i approved by airport officials and strictly adhere to all FAA regulations. All businesses are responsible for providing their own building security, maintaining the AOA secured boundary, and shall follow FAA security regulations in regard to this regional airport. All development will be required to comply with the Airport's security a plan when it goes into effect (passenger service starts.) Access to the entire Air Operations Area (AOA) will be restricted and measures will be taken to ensure only authorized individuals and vehicles gain • access into this area. All designs are subject to requirements of the Federal Aviation Administration Part 107 and 139. All fencing types and locations shall be approved by MRA DRC. • 2.1 Specific Approval Conditions and Exclusions Provide ■ Provide a required six foot (6') minimum continuous exterior Clear Zone free of all obstructions along the Air Operations Area (AOA) fence line. Provide a recommended ten foot (10') to twenty foot (20') Clear Zone area where possible. This area shall consist of decomposed granite, paving or be landscaped with material less than eighteen inches (18 ") in height. ■ See below and appendix for the suitable security fence design. MWI TOP POST • .. Y , tit.C� 1 P I. f � i S: Pa ' AG,En y I I r i i p a Qi' t 1 PG?ON p•.ii SECTION I3 -I3 • i S • • • 2.2 Area Character (Site Elements) Submittal Requirements a4.W A0 Provide an overall site plan showing all components identified in section "Site Design and Improvements." Items to be identified shall include, but are not limited to the following: ■ retention areas • ■ water features, , ■ outside storage areas ■ trash/ utility/ mechanical enclosures, o ; ■ site security, i ■ parking and loading areas, a l ■ landscape, 01 o, ■ signage, RETENTION ; • lighting ; site furniture FTI a O p ♦P 1 General Goals Landscaping is required around retention areas. Provide both plans and sections for MRA DRC review. • Retention areas shall utilize shallow basins and shall be treated as design elements which enhance the overall appearance of the airport. M • SEA7WAll i _.. NEW OR EXISTING TREE 4 gT,�g i�cn ® GRANRETRNL EXISTING WASH 2.3 • Specific Approval Conditions and Exclusions a ■ Water features and fountains shall be located at building entrances and pedestrian dominated spaces. Water features are prohibited in .111s•�arrs ayr,Kd,ldpwr vehicular areas such as turn a- rounds. ■ All utility areas shall be shielded from direct view. Items not allowed in public view include; garbage receptacles, mechanical units, supply air ducts and electrical service meters. Furthermore, S only unitized mailboxes are allowed and shall be located in areas specifically indicated in writing by airport authorities. ■ Outside storage areas that are visible from the public street shall be screened with at least a six foot (6') high masonry wall. The wall • shall be an architecturally suitable material and color, as well as being compatible with the main building structure. Outside storage areas shall be screened from adjacent lots. Live vegetation materials that provide a proper visual barrier may be utilized if the • area is not visible from the public street. ■ Outside storage areas shall be restricted to side yards where the rear yard is adjacent to the Air Operations Area (AOA). These areas shall not be within the required side yard setback. Rear yard • areas adjacent to the AOA and not part of the aircraft staging area or ten foot (10') Clear Zone may have outside storage. ■ Refuse areas shall be screened with a six foot (6') high masonry • wall as per Town of Marana requirements and shall utilize materials and colors that are compatible with the main building structure. r Refuse areas are not allowed within any required setback. • Entry Water • _ Feature • Acceptable Trash Enclosure i 2.4 • • s „ 3.r' Landscaping Submittal Requirements Provide MRA DRC a conceptual plan which identifies 3 . a location, botanical and common name of vegetation, colors included in foundation /ground cover, gravel /hardscaping, irrigation system layout and installation, and also provide • physical samples or images to communicate intent. General Goals The following are common landscaping elements: . ■ Vegetation (ground cover, shrubs, trees, cactus, vines, grasses, flowers) See appendix for list of suitable Plant Species ■ Gravel (rocks, boulders, wood chips, decomposed granite) ■ Irrigation and drainage • ■ Accent walls/ planter boxes ■ Trellises, fencing, staking, plant protection, cloth screening ■ Fountains ■ Flagstone, brick/ pavers, concrete, steps • ■ Driveway expansions ■ Railroad ties • The MRA landscape concept is based on a philosophy of compatibility • with the existing Sonoran desert, sensitivity to its fragile ecosystems, and a commitment to low water usage vegetation. To this end, existing natural features, such as stands of Saguaros, unique vegetative • groups, rock outcroppings and washes shall be preserved wherever possible. The majority of introduced plant materials shall be indigenous, arid, or semi -arid plants ensuring minimal water usage and compatibility with the built and natural environments. The MRA • promotes the seven principles of "Xeriscape ", which include: ■ Water conserving design ■ Low water use/ drought tolerant plants ■ Reduction of turf areas • ■ Water harvesting techniques ■ Appropriate irrigation methods ■ Soil improvements and use of mulches ■ Proper maintenance practices . ■ Landscape treatment shall be used to provide areas of interest and definition in the public realm and to enhance privacy and amenity in the private realm. ■ Use landscaping to identify main entrances. • ■ Use landscaping to separate private terraces or to define play areas. ■ Use landscaping to soften/ screen parking areas. 2.5 • • • • ■ Provide landscape linkages that connect existing open spaces • through a series of landscape treatments. Each treatment shall enhance the existing area and anticipate future development. • Walkways shall be lined with trees where possible. M 4 ■ Planting concept: • The perimeter of the site shall remain undisturbed desert or shall be re- vegetated with additional desert trees and native species. The desert • environment shall be enhanced towards the center of the site. Accomplish this by utilizing lush desert plant masses and further refining these spaces. Buildings inherently create microclimates of • shade protection and offer opportunities for a lush canyon desert • palette. • • • • • • Specific Approval Conditions and Exclusions ■ All plants shall comply with the Approved Plant List (see Appendix • 4.0), or be approved by the MRA DRC. ■ All landscaping shall be installed in a manner to prevent the appearance of a "hedge" or "wall height extension." Specifically, hedges are prohibited along property lines, sidewalks, etc. Non- random placement of landscaping creates an effect of raising privacy wall sections and creates secluded front yard areas which is undesirable to MRA. However, short sections of aligned bushes are encouraged to help shield utility boxes and services. ■ All landscaping shall be maintained within property lines. ■ All areas of MRA shall be landscaped in a manner consistent with the natural desert, with accent features of indigenous plants, • ground covers and ornaments approved by the MRA DRC. All original and subsequent landscaping shall be installed in 2.6 • • • • accordance with a plan approved by the MRA DRC. The objective of the MRA's landscaping is to enhance the natural desert environment and to screen, accent, soften and improve its visual . character. Plant material should be drought- resistant, water conserving and compatible with the indigenous plant materials list in Appendix 4.0 or approved by the MRA DRC. Drip irrigation systems are encouraged. • Landscaping should reflect a "Southwest character." Rocks, boulders, patios, sidewalks, courtyards and walls may be used to supplement and create imaginative landscaping design. The only inorganic (rock) ground cover approved by MRA DRC is Y2" Desert i Brown decomposed granite. Landscape rock may be utilized on an unlimited basis and as approved by MRA DRC. Pavers are subject to MRA DRC approval and shall be used in proportion to the overall • landscaped area provided they do not become the dominant feature of the hardscape. S Trees, shrubs and plants shall not overhang or encroach upon S public sidewalks, pedestrian ways, bikeways or roads from a clear S height of ten feet (10') measured from ground level without prior approval of MRA DRC. ■ Turf is an approved ground cover in areas completely confined by privacy walls. Turf is only allowed for Public /Commercial use buildings and is limited to ten (10) percent of the total landscape area surrounding the building. All plant species, including turf, shall be drought tolerant to avoid high water use. Pima County and the town of Marana's list of restricted grasses, including Common • Bermuda grass and Fountain grass, shall be prohibited at MRA. Installation of grasses shall not interfere with lot drainage or cause seepage problems through property walls. • When installing landscaping and/ or irrigation, care should be given to maintaining proper grading on the lot to eliminate any undue drainage onto neighboring lots. Irrigation systems shall not produce excessive watering on walls so as to cause structural damage. ■ Accent walls shall not exceed 3' in height. ■ Temporary fencing, staking and plant protection shade cloths shall be properly maintained particularly when visible from neighboring property. • Theme Landscaping (i.e. sculptured trees/ bushes that reflect animals and/ or other architectural designs) will be reviewed on a case -by -case basis by MRA DRC, but are not encouraged. ■ Trellises may be used sporadically near structures provided their height does not exceed 8 feet. Trellises may be used near property . walls provided they have no effect of raising the height of the wall resulting from such placement. • 2.7 S Parking and Loading Submittal Requirements • Provide a layout of parking and associated landscape for MRA DRC • review. The layout shall include dimensions, space counts, accessible spaces required by code, shade structures and striping locations. General Goals All parking and loading shall follow the Town of Marana, Arizona Land Development Code. On -site parking shall be screened from the street with vegetative buffers. Parking shade structures are encouraged and • shall be constructed with the same quality material and character as . the building served. All parking structures shall be subject to the same setback and landscape requirements as a building structure. Bill- I • Vehicular access shall comply with the Town of Marana Driveway Standards. The use of cross access easements and shared driveways is encouraged and required along Avra Valley Road. Median cuts beyond those that exist are strongly discouraged and will require • approval from the Town of Marana Public Works Department and the MRA DRC. • All parking lot areas and circulation shall be paved and contained within the boundaries of each lot. The use of cross access easements and shared parking areas is suggested for existing buildings and for new buildings fronting on Avra Valley Road. Specific Approval Conditions and Exclusions ■ Parking areas with greater than fifty (50) spaces __..__ ------------ shall have accessible walkways and crosswalks • connected to the property served. Walkways shall BLDG be a minimum of five feet (5') in width and include 3 S designated crosswalk areas I - in locations where foot - traffic waLOaY i crosses vehicular traffic. CONCRETE SEASWAL.LS I I • • 2.8 • • ■ Pedestrian walkways shall have a minimum of one shade - providing tree for every forty (40) linear feet. Smaller, low -lying plants shall' be provided between trees with a ground cover of decomposed Maras RViaau'rieti/&t . granite to match the top -soil color. Turf is prohibited along pedestrian walkways, and is only allowed in areas designated by i this document. Provide one four foot (4') permanently fixed bench for each 200 feet of walkway. Benches shall be constructed of • metal and /or composite lumber with recycled plastic content. • � gam, ': ■ Twenty percent (20 %) of all paved surfaces shall be permeable. i Openings in the permeable paving shall be filled with stabilized • earth or a crushed stone such as decomposed granite. Vegetation such as turf is prohibited as a cover material for the paving. i Parking spaces shall be rectangular with a minimum width of ten feet (10') and a minimum length of eighteen feet (18'). Parking shall have independent access to an aisle or driveway. ■ Angled parking shall be permitted as an alternative to 90 degree • parking provided the following objectives are met; ease of site circulation, ease of stall maneuverability, and maximization of efficiency and traffic safety. While geometries may vary, all • landscape requirements shall still be met, ■ Preferential parking spaces shall be provided near building entrances for vehicles used for carpooling. The actual number of • parking spaces and their location shall be subject to approval by MRA DRC. • No parking or driving aisle shall be allowed within any public road right -of -way. 2.9 Use Minimum Parking Ratio ,4-&, Office 1 space/ 375 SF G.F.A. • Retail/ Service 1 space/ 375 SF G.F.A. Warehouses 1 space/ 900 SF G.F.A. Manufacturing 1 space/ 600 SF G.F.A. • Hangars 1 space/ 2000 SF G.F.A. Medical/ Dental/ Outpatient Clinics 1 space/ 200 SF G.F.A. • Hotel 1 space/ Guest room & ancillary use requirements Restaurant 1 space/ 75 SF G.F.A. & Outdoor seating Area • Day Care Facility 1 space/ 375 SF G.F.A. Health/ Fitness Facility 1 space/ 100 SF G.F.A., Excluding Courts which require 2 spaces/ court SF shall be defined as the total square feet of gross floor area (GFA) between exterior building walls. ■ A minimum of five (5) parking spaces located onsite are required for every use. . ■ Covered parking spaces for new office use developments (buildings . used strictly for offices without hangar space), shall provide one covered space per office or suite as required by the Town of Marana. ■ In case of fractional results in calculating parking requirements, numbers will be rounded up to the nearest whole number if the fraction is equal to, or greater than 0.5. Note: Buildings which include more than one type of use, such as hangar space and office space, will be required to meet parking requirements for all use types within the development. • 2.10 • • • • • • Signage - � Submittal Requirements • Signs require MRA DRC, review and approval, designate the numbers of signs to be placed, location of each sign, size of all signs, design and message content of each sign, colors associated with each sign, and construction material type of each sign. • General Goals >♦ Business Wall Signage A wall sign, which identifies a business, must –,N �*- be placed directly on the wall of the business • that the sign identifies. Businesses are 4°°° rT —� allowed one (1) sign per freestanding building. PIMA "'" ""°"''"C No wall sign shall be larger than fifty (50) square feet. When a sign is located seventy- • five (75) feet from the adjacent street right -of- way, the sign area may be increased by twenty (20) percent. Wall Signage 0 • • 0 Wall Signage Sign Materials • Sign Height • The maximum height of signs on airport property shall be twelve (12) feet from the surrounding grade, and adhere to FAA Part 77. Exceptions to this section may occur when the sign is located seventy - five (75) feet from the adjacent right -of -way edge of the street. In this • instance, the maximum sign height may be raised by two (2) feet. In no case shall a sign project above the building roofline of the surface the sign is mounted. Visible raceways are not allowed and shall be concealed within the wall or architectural feature consistent with the building facade. • Sign Lighting i All permanent signs shall be non - illuminated or illuminated by internal, internal indirect or by indirect lighting unless otherwise specified. Sign Faces • All signs shall be single -sided and are not to project more that twelve (12) inches from the exterior surface of the building. • 2.11 • • • Business Identification Business identification signs shall identify the individual business. All business identification for the same business shall be consistent for all locations. Tenants in a multiple tenant building without street frontage may request and fund any changes to general airport • directional kiosks. The business identification sign on the general airport directional kiosks" shall be limited to one (1) sign per tenant. Only ° the name of the business will be allowed on the nameplate, in the size and script provided to the business by airport authorities. Individual business signage shall only be installed after Airport Kiosk the airport has been reimbursed for modifications to the sign. Individual Letters The maximum height of any individual letter is two (2) feet, except in • the case letters on a wall sign where the business name is a combination of upper and lower case letters. In this case, the maximum letter height must not exceed three (3) feet and the combination of all letters not exceeds an average height of two (2) feet. • However, the business name shall not exceed the maximum sign area allowed by this ordinance. Individually mounted script words may be allowed. In no case shall visible raceways be allowed. a Freestanding Sign Individual business freestanding signage will only be allowed after accepted review from airport authorities. Freestanding signage must • adhere to the standards set forth in this document and paid for by the individual business requesting said freestanding sign. • Pt�rrc. s-rr� s w,a t•taT'[fc'R� y PhIN'CEa -D r r ' ` ' Fth'Tia ST�4- }"'lOUtJ'iii�lEi BVAC*WT �i , 1.O6iD E1.4'tOti}t Of Pt.*eM sM ri( snaoTN STUGth Oa► �KT1N4 Wht.t� . Freestanding Sign Sign Section 2.12 Specific Approval Conditions and Exclusions ■ Change panel signs shall not be permitted. 41--A#�-i ■ Signage is not allowed on building awnings or on the interior of a building displayed through a window. Signs for special events shall be limited to twenty (20) cumulative days per calendar year per property. ■ Lot Identification Signs: Alarm /security identification signs are permitted without MRA DRC approval, provided signs are placed on lots within three (3) feet of structure, no more than 18" to top of sign and such signs may not be self - illuminating. ■ Construction Signs: Temporary pool and construction signs as required by governmental agencies, and not self - illuminating. Signs shall be removed upon completion of the project. ■ Vehicle For Sale Signs are not permitted. No vehicle For Sale signs are allowed for postings on buildings, lots, parcels, common . areas, postal /mail units, regulatory poles /signs, utility boxes, Town of Marana rights -of -way, fire hydrants, or buffer walls /plantings. ■ Vehicle Advertising: No advertising on vehicles is permitted if said a vehicle is visible from Neighboring Property without specific approval of the MRA DRC. If MRA DRC approval is granted, it may be with limited, minimal space and lettering. • 2.13 • i ! Lighting Submittal Requirements The layout shall show placement/location of lights, direction and elevation of illumination, color of lights, wattage of each light, type of lighting, height of pole- mounted fixture, duration of usage for each light, whether lighting is continuous /automatic (on timers) or intermittent (triggered by switches or motion detectors). Actual wattage, bulb color, shielding of lighting, and illumination pattern shall be reviewed and considered on a submittal basis, and may require +� post - installation inspection to determine if the intensity of the lighting meets the airport standard of low intensity /low usage level. Holiday ! lighting does not require a specific submittal and approval, providing such lighting is consistent with requirements below. ! General Goals The number, intensity and location of light sources should be carefully designed so as not to be visible from off -site. In general the MRA ! advocates the use of light at a minimal level, however, adequate i lighting shall be provided for health and life- safety of building occupants. All lighting fixtures shall be shielded so that there is no ! light trespass off of the airport property or into the sky. That way the ! businesses at the airport are not contributing to glare and overhead sky glow (Dark Sky Ordinance). Exterior lighting shall only be used to emphasize significant building feature(s) in order to enhance a building's nighttime image. Only full cutoff light fixtures shall be used and appropriately mounted as to insure no light leaves the intended surface. >� Accent lighting can be used for landscape illumination, safety lighting of pathways, sidewalks, and water features. Security /motion, flood, pole /wall lamp /light can be used to highlight areas and create safety enhancements. Holiday lighting, as with holiday decorations is to be ! used in consistency with the timing and theme of the holiday. Specific Approval Conditions and Exclusions ■ Exterior lighting types may only consist of metal halide or high pressure sodium elements. Fluorescent lighting may only be used when fully shielded from light trespass. ■ All lighting designs must meet the latest Handbook of the ! Illuminating Engineering Society of North America (IESNA) ! recommended luminance ratio for the specified task. • Landscape accent lighting, (including low voltage, and solar), not exceeding 18 watt per lamp (white or tan lamps preferred, no red, orange or other non desert tone colors permitted). Accent/mini i strung in /on and around patios, eaves, trees, plants, shrubs, cactus ! must be approved in advance, unless for seasonal or singular events. ! 2.14 ■ Security motion detectors are to be installed with illumination S directed at owner's property and should shot off approximately 5,� minutes after triggering. ■ Flood illumination is to be directed at owner's property, away from neighboring property, actual wattage and quantity of flood lighting will be reviewed with submittal. ■ Holiday lighting shall be installed no earlier than 30 days prior to the recognized holiday and it shall be removed within 15 days after the holiday associated with the lighting (recognized holidays include Halloween and the Christmas Season). Lighting Specifications Marana Airport shall utilize the following fixtures without exception: Manufacturer: Kim Lighting�� Model: Structural Styles: STL for Site and STS for Pedestrian � 4" Round Pole Mounted Single Tension Finish: Dark Bronze Lamp: Metal Halide Bollard Model: CB Compact Bollard Finish: Dark Bronze Wall r Model: Wall Director 0 Finish: Dark Bronze Stair and perimeter Walk Illumination> 0 Model: LLF Low Level Floodlight' • Building Floodlight Model: AFL Architectural Floodlight In -grade Landscape Light Model: LTV Light vault • 2.15 i Site Furniture and Recreational Equipment_ Submittal Requirements (need for MRA DRC review) Provide layout of area where site furniture and recreational equipment is to be installed, with a description of equipment, proposed color, design and dimensions of equipment. Sample brochures, pictorial drawings, or photographs of similar equipment are helpful. Site • furniture and recreational equipment shall require approval of the MRA • DRC. General Goals • Site furniture shall coordinate with the surrounding buildings & shall be • "heavy duty ". In general, the MRA encourages the use of site furniture, as listed below, for use by the community. Please note that the Town of Marana ordinances require that public right -of -ways (streets, sidewalks, drainage areas) be maintained free and clear for access by motorists and pedestrians. Acceptable ,- ' ) ¢, Built -in Bench I NN , il�fi Y �7IIt� V • .I I Example of • Integration with Building • Site Furniture Specifications Marana Airport shall utilize the following without exception: Manufacturer: Wabash Valley Color: Dark Bronze Litter Receptacles: 22/32 Gallon Receptacle — Slat pattern w/ 14" dia. opening, flat top lid 1 Benches: Courtyard Series — Slat pattern w/ back Tables and Chairs: Classic Series — Rib Arm Chair /Rib Round Table Planters: Round and Square slat Images of Site Furniture (not shown in dark bronze color) 2.16 Pools /Spas (and related equipment) Submittal Requirements Design layout with pool specifications noting the following (at a minimum): Type of pool filtering system, wall up /down access to pool area during construction, lighting enhancement around pool area, location and height of pool equipment (filters, heaters, diving boards, . slides). A pool Contractor will usually provide a layout with specifications to meet the above requirements. If a pool /spa installation includes a gazebo /ramada addition, refer to the Landscape Section. If lighting is part of the pool installation, refer to the Lighting i Section. For solar heaters and panel, refer to the Mechanical Equipment section. General Goals • In general, the MRA DRC does not review pool plans for specific safety considerations. Consideration shall be given to minimizing impacts of the pool and recreational equipment installation on neighboring properties. The following are common pool /spa (and related • equipment) elements: ■ Pool /spa ■ Heaters (non - solar) • ■ Filters ■ Pool Lighting ■ Diving Boards ■ Pool Slides i Pool Decking Specific Approval Conditions and Exclusions ■ Diving boards are restricted to springboard types; no platform types are permitted. Approval from the MRA DRC shall be required. ■ Above ground pools are not permitted. ■ Slides shall not exceed 10' in height and color restricted to white, blue, or desert hues. All poolside locations require MRA DRC • approval (with a minimum setback of five feet from side property lines and ten feet from rear property lines). ■ A design layout, which results in back flushing into common areas of onto streets, is prohibited. Diatomaceous earth or sand filters require black flushing and, as such, are subject to regulation by Pima County. Please check with Pima County and /or the Town of Marana on the actual regulations for this installation. ® A conditional approval granted for pool installation will regulate • safety measures to be followed by the Owner and Pool Contractor during construction. Both Owner and Pool Contractor prior to beginning of pool excavation must sign the letter of approval, with conditions. ■ Pool and spa mechanical equipment located outside the privacy wall shall be completely shielded from view. • 2.17 • • • • • Mechanical Equipment • Submittal Requirements M„sg„ &VbW A#Pwr • Layout includes area to be screened and /or painted, designating what • colors are to be applied to what areas and /or equipment, and what • type of landscaping plants are to be used for each area. Mechanical equipment includes but is not limited to air conditioning units, evaporative coolers, water softeners/ conditioners & solar heater • panels. Mechanical equipment is under the site design & improvement • section of these standards, however, building mechanical equipment shall meet these same requirements. • • General Goals • In general, the MRA DRC encourages placement of mechanical equipment in garages, or behind privacy walls, to shield it from • neighboring views. • Specific Approval Conditions and Exclusions • ■ Mechanical equipment potentially visible from all sides of the site shall be shielded from view (shielding to be approved by the MRA • DRC). ■ No mechanical equipment, other than approved solar installations, • will be installed on any roof. • • • • • • • • • • • • • • • • • • • • 2.18 • • • Utility Equipment • Submittal Requirements • Layout shall include area to be screened and /or painted, designated what colors will be applied to which surface or equipment, and what type of landscaping plants are to be used for each area. General Goals In general, the MRA DRC neither encourages, nor discourages, tenants /owners to paint or screen the utility boxes located on their • property, either near the sidewalk/curb area, or mounted directly on the • building. If the tenant/owner chooses to paint or screen the boxes, upkeep and maintenance shall comply with these standards (encroachments, building repair). Utility equipment is under the site design & improvement section of these standards, however, building utility equipment shall meet these same requirements. . Specific Approval Conditions and Exclusions • ■ For painting curbside boxes or on- building boxes, refer to Exterior Colors ■ The letters and numbers originally placed on the boxes shall not be painted. ■ If screening curbside boxes with landscaping (plants, brushes, etc.) consider placement of plantings near sidewalk, so that future growth of the plants do not block/encroach on sidewalk. Since utility • workers will need access to these boxes, provide landscaped S screening that will be easy to work around and does not contain any plans with sharp, thorny branches or limbs. ■ When painting on- building boxes, meter faces shall not be painted. • NOTE: If the utility company needs to work in the boxes, it has the right -of -way to displace any landscaping or screening (at the tenant/owner's expense) to work on its equipment. s 2.19 • • • i A i BUILDING DESIGN 3.0 ,,, Arrow This section includes Standards for the building and its adjacent i elements that will help ensure that Marana Regional Airport is • developed in a manner consistent with the goal of creating a quality and functional industrial /commercial aviation related community. • Buildings within Marana Regional Airport (MRA) shall conform to the approved Development Master Plan, Architecture and Landscape Standards approved by the Town of Marana for the MRA, Federal Aviation Administration (FAA) regulations, and specific use types • allowed or prohibited by the Town of Marana Zoning Ordinance. Submittal Requirements Provide plans for each level and provide elevations for each facade of the building. Where required to convey the design intent provide additional information such as enlarged plans, sections, color /material • boards, renderings and three dimensional models. General Goals Building Placement and Character Buildings are to be located on each site in a manner that is efficient, • appropriate to site conditions, effective to the overall architectural • composition and compatible with adjoining projects and development throughout the airport. Building placement shall address the following: ■ Buildings shall be located to enhance project visibility and identity, while maintaining compatible relationships with adjacent projects and street frontages. • ■ Buildings shall be arranged to provide convenient access to • entrances and efficient onsite circulation for vehicles, pedestrians, and aircraft. ■ Buildings shall be arranged to provide landscaped outdoor places i for people to use during breaks and lunch. • ■ Appropriate relationships shall be developed between buildings and setback areas to enhance street frontages and corners. ■ Building placement shall properly address unique site conditions. ■ The potential of jet blasts should be considered in the positioning of any structures. ■ FAA security and safety regulations and the Airport's security plan shall be a part of any design. • i • • 3.1 • • Expansive facades shall be avoided by offsetting walls, slight variations to the setback line at the sidewalk such as recessed ,wW,R,w,r,r entrances, and by using architectural elements such as windows to • produce patterns of light and shade. Accessory structures and additions shall relate to the principal structure that they serve with regards to materials, scale, architectural elements and color. Fagade • Development Recessed Entry ado Layered Transition of Exterior to Interior Accessory Structure Texture Cohesive massing that reflect Mountain Surroundings a 3.2 • • • • • Color Palette -. • The color palette for all development on the airport grounds shall reflect the natural desert tones around the project site. Color and • materials used for buildings shall be compatible with the natural landscape, using earth tones and natural materials such as those • encountered in the surrounding region. pf- • • • • • • • • a • • • Area Character (Bldg. Types) • This manual addresses certain aspects of construction to establish a • cohesive integrity of building type and style throughout the airport grounds. Each building shall adhere to these standards in order to enhance the design of adjacent buildings and all other development in the immediate area. There are different building types to which all buildings on the airport • property shall be classified. They are Public /Commercial, Utility • Facilities and Aircraft Storage and Maintenance. Review of all • buildings by airport authorities shall adhere to these criterions, • Public and Commercial type buildings need to have more character • and facade development as compared to neutral profiles associated • with Utility and Maintenance Buildings. • • • • • 3.3 • • • 0 Materials Palette Construction of any built feature must include materials that stress the • natural desert environment and local resources. Below is a list of • acceptable materials that may be used as the main material palette. 0 i Eldorada Stone Aluminum 0 Bitteroot . Mountain Ledge Corten Steel Copper m Integral Color .. i CMU d l' �"' ' Glazing Integral Color Concrete Concrete Tile Roof K Metal Panel n I Concrete Pa e t • 3.4 • • The list of non - acceptable materials below may be used sparingly, however, airport authorities reserve the right to determine which,, materials are suitable for construction. Final approval of material • palette rests with Marana Airport Aviation Department. Clay Tile Roof`, Fabric �. Awning i Asphalt Shingle Roof Glass Block Stucco i Building Height i For the purpose of these Standards, building height is defined as the total vertical distance from the natural; means ground elevation of the lot to the highest point of the building. All buildings, or elements S thereof, must adhere to the standards set forth by the FAA and the town of Marana Land Development Code (refer to Minimum Requirements and Reference Standards). In relation to the landside of the airport, the overall height of new buildings shall relate to the i personal scale of the user rather than to the size of an aircraft. Conversely, the size of aircraft should be considered in determining building scale on the airside of a building. Personal "� ' � Airside Scale' . � , �y��l�' �$ Scale o 3.5 • Building Orientation too Buildings shall promote articulation of facades (detailing of materials • and massing) on all sides of buildings, including the airport as seen from the air. Sun and shadow patterns are encouraged to be incorporated into the building facades. r 0 • Canopies The design of the building elevations should take into consideration the window and door placement in an energy efficient manner. The reduction of southern and western solar exposure should be incorporated into the design whenever possible. Specific Approval Conditions and Exclusions ■ The type of building materials used should be resistant, reliable, withstand weather conditions, require low maintenance, be durable and be an asset to the airport image. S Color schemes should be complementary with the area and setting. Accent colors should be compatible with the main theme. ■ • The use of reflective surfaces and mirrored window glazing is discouraged and may be prohibited in certain locations. The type of window treatment used should assist in giving the buildings an . appropriate scale and help identify the use. ■ The building color, material, trim, accents, detailing, and style should be integrated into the overall design theme to encourage • architectural visual interest. ■ The building's entryways should be designed and placed as integrated elements of the overall design. Obvious identification and sufficient lighting should be included in the design. ■ When multiple structures are planned as part of a single development, the design shall be in a compatible architectural style. ■ All buildings are to be designed with four -sided elevations, with detailing on all sides. • 3.6 • • ■ Corrugated metal or pre- engineered metal buildings are strongly encouraged to incorporate the usage of concrete block such as M„ , w split -face, fluted or scored masonry construction at the foundation of the building up to at least eighteen inches (18 ") in height. ■ Building elevations which front along Avra Valley Road shall be of a higher quality and standard. The use of masonry construction will be required for the building frontage along Avra Valley Road. At least half of the building height will be required to use concrete block such as split -face, fluted or scored masonry construction starting at the foundation of the building elevation. The use of this material will need to wrap around the corners of the building and gradually taper down. • T- hangars that are visible from the public street are recommended to utilize an increased landscape plan along the street frontage. T- hangars should include public restrooms and aircraft wash rack areas in the design. ■ All building elevations are subject to the regulations of the Federal Aviation Administration. r 3.7 • APPENDIX 4.0 M--r • • Aerial photographs Property Boundaries • Future Roads 2025 Schematic Design Requirements • Submittal Requirements for Schematic Design Approval Federal Aviation Administration documents FAA Form 7460 -1 Site Security Fence Design • Conceptual Plants Palette • • • • • • • i • • • • • • • • • • • • • • • • • • • • • • • +i , # C y f a ! d r ¢f t Z C #� F a ` N . f r lit i e v • s s a s 1 i l { s f t L, Vk uj 77 , a J: +ll e i s ♦ F .. n a f s s • • • �- Schematic • Design • :� < „ - Requirements • j � • M R.w EXl N(? YIS ARIA lAbWT ?v • � {iY4 i GOlpilCl�'Ad' 4MF �F 3L ern . smiwrt onuoea w +soE va�ewm rms • sw .. roru u[.er Amr. ara r r::orwsrt trnirme rnv�ww _-.^.. • A M1 E*wT NO 02 h`tJi WECT SS 04 FROM AM= :CCXM SCVrW.ACT • w� ww. sew.ou aun .n.a. • - —l�wN NIA a.Al Yrw w..+w iN . • MOI CIVRrt» aw»n .0 ••maa�. »�wwra 9(VM B[VA1KM • w .Y � smm .r w � } • � kz Lrb ... '^' t. ba'.i ii. s... T .� - - r V I • i .: A .I.. i. g • swe aar.�w Enaur No a� • �� FERSRCT SKETCF FRCM LAM08ME LOdOtl NCMT SM CONCEPT • L • FB�PEGTroe lBCL Ol IWT • • • • • • • Submittal Requirements for Schematic Design Approval A4-- RiyrWr A*�-r • (1) 24 "x36" and (3) 11"x17" (maximum size) copies of the drawings /plans • outlined below shall be submitted to the Design Review Committee for review. • • Approved 7460's for all buildings ■ Civil Site Plans • Provide plans at a scale of not less than 1" = 20' -0" of Grading, Drainage & Paving. • Landscape Plan A Landscape Plan at a scale of not less than 1" = 30', showing structures, • walkways, fences and walls, elevation changes, irrigation systems, • vegetation and ground cover, with the size, type, location and spacing of • all plant materials. The Landscaping Plan will also include the interim landscaping for future site development areas. • Irrigation Plan • Site Plan Site Plan at a scale of not less than 1" = 30' showing existing and planned • final contour grades and showing the location of all improvements, • structures, walks, patios, driveways, parking, fences and walls, utilities and utility easements. Existing and finished grades shall also be shown at • lot corners and at corners of proposed improvements. Lot drainage provisions shall be indicated, as well as cut and fill details, if any • appreciable change in the lot contours is contemplated. Other items to be • shown on the Site Plan include the following: parking counts and screening, including size, location, method and the identification of the • object(s) or reason(s) for screening; utility connections, including locations • and screening, if necessary exterior illumination, including location, • method, fixtures, heights and photo- metrics; fire hydrant locations; and the location of all improvements that may occur in future phases. All site data • and dimensions shall be included. • ■ Floor Plan • Floor plans at a scale of not less than 1/8" = 1'— 0" showing existing and new construction. • ■ Building Elevations S Colored exterior elevations at a scale of not less than 1/8" = 1 0 • illustrating all sides of the structure(s). Building heights to the highest point shall be included. Elevations shall include locations of all building mounted signage. Provide samples of exterior materials, colors, textures, • shapes and descriptions of materials to be used. ■ Signage Plans • Signs, including size, shape, color, materials, and a Site Plan and elevation to show the proposed location. • • • • • • • • • • Submittal Requirements for Schematic Design Approval Continued • ,c�.,,� Rapo+u+a�ar • ■ Foundation Plan • Plan at a scale of not less than 1/8" = 1'— 0" showing existing and new construction. • ■ Mechanical Plan — HVAC Plan at a scale of not less than 1/8" = 1'— 0" showing existing and new • construction. ■ Plumbing Plan • Plan at a scale of not less than 1/8" = 1'— 0" showing existing and new • construction. ■ Fire Protection Plan Plan at a scale of not less than 1/8" = 1'— 0" showing existing and new • construction. ■ Electrical Plans • Site, Power, and Lighting Plans at a scale of not less than 1/8" = 1'— 0" showing existing and new construction. • ■ Operations and Shift Management • Description of proposed operations and the estimated maximum number of employees per shift. • ■ Hazardous Materials Handling Program Hazardous materials handling program indicating full disclosure of use of • any hazardous materials onsite; standard storage, use and disposal procedures; emergency procedures and schedule of regular inspections • and approvals necessary to comply with City, State and Federal regulations. • • • • • • • • • • • • • • • • • • • • • • • • ,_aw R461W Agwr • Federal Aviation Administration Landscape, Signage, and Building Design Criteria Documents • FAR Part 150 —Airport Noise Compatibility Planning Section All 50.101, page • 64 Table 1: Land Use Compatibility* With Yearly Day /Night Average Sound Levels Notes 1 -8 (Based Upon Noise Exposure Maps) • Specifications on what constitutes "compatible" buildings; specifications on compatible buildings in relations to LdN ratings; specification of building types that require special construction and design to achieve a specified NLR (noise • level reduction). ■ FAR Part 151 — Federal Aid to Airports Subpart C: Project Programming Standards • Site Preparation /Roads — Buildings; Utilities; sidewalks; parking areas; landscaping. • General eligibility requirements set forth by the Federal Government in the preparation and construction of federally funded projects including roads, • buildings, etc. Rules and procedures for airport development projects are also set forth and of concern is Paragraph 151 -45 Performance or • Construction Work: General Requirements which addresses the sponsor's duties when change in a construction contract is desired. ■ AC 150/8190 -4A model Zoning Ordinance to Limit Height of Objects Around • Airports in conjunction with FAR Part 77 — Subpart C: Obstruction Standards. Provides a model zoning ordinance to be used as guide to control the height • of objects around airports (or as in MRA's case, objects on the base property). • • ■ AC 150/5020 -1 Noise Control and Compatibility Planning for Airports • Provides general guidance for noise control and compatibility planning for airports. • • ■ AC 150/5070 -3 Planning the Airport Industrial Park Provides guidance to communities, airport boards, and industrial developers • for the planning and development of Airport Industrial Parks. • • ■ AC 150/5070 -6A Airport Master Plans • Provides guidance for the preparation of airport master plans, pursuant to the provisions of the Airport and Airway Improvement Act of 1982. • 0 AC 15015300 -13 Airport Design Provides FAA's standards and recommendations for airport design. • • • • • • • • Federal Aviation Administration Landscape, Signage, and Building - • Design Criteria Documents Continued. • • ■ AC 150/5320 -14 Airport Landscaping for Noise Control Purposes • Provides guidance to airport planners and operators in the use of tree and vegetation screens in and around airports. • • ■ AC 150/5360 -9 Planning and Design of Airport Terminal Facilities at Non -Hub Locations Provides guidance material for the planning and design of airport terminal buildings at non -hubs. ■ AC 150/5360 -11 Energy Conservation for Airport Buildings • Provides guidance for promoting energy conservation in the design and • operations of airport buildings; for initiating energy conservation programs • and for conducting airport building energy assessments. • ■ AC 150/5360 -13 Planning and Design for Airport Terminal Facilities Provides guidance for the planning and design of airport terminal buildings and related facilities. • ■ Design, Art and Architecture — A Study of Airports Emphasis on functions, visual, and aesthetic improvements of both exterior • and interior treatments of airport terminals. Also, access roads, graphic aids, and related facilities. For use by airport managers, sponsors, architects, • landscape architects, and interior designers. For use in renovations or new construction. • • • • • • • • • • • • • • • • • • i NOTICE OF PROPOSED CONSTRUCTION OR ALTERATION • §77.13 Construction or alteration requiring notice. §77.15 Construction or alteration not requiring notice. (a) Except as provided in §77.15, each sponsor who proposes any of the following No person is required to notify the Administrator for any of the following construction of • construction or alteration shall notify the Administrator in the form and manner alteration: prescribed in §77.17: (a) Any object that would be shielded by existing structures of a permanent and • (1) Any construction or alteration of more than 200 feet in height above the substantial character or by natural terrain or topographic features of equal or greater ground level at its site. height, and would be located in the congested area of a city, town, or settlement where • (2) Any construction or alteration of greater height than an imaginary surface it is evident beyond all reasonable doubt that the structure so shielded will not extending outward and upward at one of the following slopes: adversely affect safety in air navigation. (i) 100 to I for a horizontal distance of 20,000 feet from the nearest point of the (b) Any antenna structure of 20 feet or less in height except one that would increas nearest runway of each airport specified in paragraph (a) (5) of this section with at the height of another antenna structure. • least one runway more than 3,200 feet in actual length, excluding heliports. (c) Any air navigation facility, airport visual approach or landing aid, aircraft arresting (ii) 50 to 1 for a horizontal distance of 10,000 feet from the nearest point of the device, or meteorological device, of a type approved by the Administrator, or an nearest runway of each airport specified in paragraph (a) (5) of this section with its appropriate military service on military airports, the location and height of which is fixes longest runway no more than 3,200 feet in actual length, excluding heliports. by Its functional purpose. • (iii) 25 to I for a horizontal distance of 5,000 feet from the nearest point of the (d) Any construction or alteration for which notice is required by any other FAA nearest landing and takeoff area of each heliport specified in paragraph (a) (5) of regulation. this section. §77.17 Form and time of notice. (3) Any highway, railroad, or other traverse way for mobile objects, of a height (a) Each person who is required to notify the Administrator under §77.13 (a) shall senr . which, if adjusted upward 17 feet for an Interstate Highway that is part of the National one executed form set of FAA Form 7460 -1, Notice of Proposed Construction or System of Military and Interstate Highways where overcrossings are designed for a Alteration, to the Manager, Air Traffic Division, FAA Regional Office having jurisdiction • minimum of 17 feet vertical distance, 15 feet for any other public roadway, 10 feet or over the area within which the construction or alteration will be located. Copies of FAA the height of the highest mobile object that would normally traverse the road, Form 7460 -1 may be obtained from the headquarters of the Federal Aviation • whichever is greater, for a private road, 23 feet for a railroad, and for a waterway or Administration and the regional offices. any other traverse way not previously mentioned, an amount equal to the height of the (b) The notice required under §77.13 (a) (1) through (4) must be submitted at least 30 • highest mobile object that would normally traverse it, would exceed a standard of days before the earlier of the following dates - paragraph (a) (1) or (2) of this section. (1) The date the proposed construction or alteration is to begin. • (4) When requested by the FAA, any construction or alteration that would be in an (2) The date an application for a construction permit is to be filed. instrument approach area (defined in the FAA standards governing instrument • approach procedures) and available information indicates it might exceed a standard However, a notice relating to proposed construction or alteration that is subject to the of Subpart C of this part. licensing requirements of the Federal Communications Act may be sent to the FAA at (5) Any construction or alteration on any of the following airports (including the same time the application for construction is filed with the Federal heliports): Communications Commission, or at any time before that filing. • (1) An airport that is available for public use and is listed in the Airport Directory of (e) A proposed structure or an alteration to an existing structure that exceeds 2,000 the current Airman's Information Manual or in either the Alaska or Pacific Airman's feet in height above the ground will be presumed to be a hazard to air navigation and • Guide and Chart Supplement. to result in an inefficient utilization of airspace and the applicant has the burden of overcoming that presumption. Each notice submitted under the pertinent provisions • (ii) An airport under construction, that is the subject of a notice or proposal on file of this part 77 proposing a structure in excess of 2,000 feet above ground, or an with the Federal Aviation Administration, and except for military airports, is clearly alteration that will make an existing structure exceed that height, must contain a • indicated that that airport will be available for public use. detailed showing, directed to meeting this burden. Only in exceptional cases, where (III) An airport that is operated by an armed force of the United States. the FAA concludes that a clear and compelling showing has been made that it would . (b) Each sponsor who proposes construction or alteration that is the subject of a not result in an inefficient utilization of the airspace and would not result in a hazard to notice under paragraph (a) of this section and is advised by an FAA regional office air navigation, will a determination of no hazard be issued. • that a supplemental notice is required shall submit that notice on a prescribed form (d) In the case of an emergency involving essential public services, public health, or to be received by the FAA regional office at least 48 hours before the start of public safety that requires immediate construction or alteration, the 30 day construction or alteration. requirement in paragraph (b) of this section does not apply and the notice may be (c) Each sponsor who undertakes construction or alteration that is the subject of a sent by telephone, telegraph, or other expeditious means, with an executed FAA Form notice under paragraph (a) of this section shall, within 5 days after that construction 7460 -1 submitted within five (5) days thereafter. Outside normal business hours, or alteration reaches its greatest height, submit a supplemental notice on a emergency notices by telephone or telegraph may be submitted to the nearest FAA prescribed form to the FAA regional office having jurisdiction over the region involved, Flight Service Station. if- (e) Each person who is required to notify the Administrator by paragraph (b) or (c) of • (1) The construction or alteration is more than 200 feet above the surface level of §77.13, or both, shall send an executed copy of FAA Form 7460 -2, Notice of Actual its site; or Construction or Alteration, to the Manager, Air Traffic Division, FAA Regional Office • (2) An FAA regional office advises him that submission of the form is required. having jurisdiction over the area involved. ADDRESSES OF THE REGIONAL OFFICES Alaska Region Eastern Region Northwest Mountain Region Southwest Region AK DC, DE, MD, NJ, NY, PA, VA, WV CO, ID, MT, OR, UT, WA, WY AR, LA, NM, OK, TX • Alaskan Regional Office Eastern Regional Office Northwest Mountain Regional Office Southwest Regional Office Air Traffic Division, AAL -530 Air Traffic Division, AEA -520 Air Traffic Division, ANM -520 Air Traffic Division, ASW520 222 West 7 1h Avenue JFK International Airport 1601 Lind Avenue, SW 2601 Meacham Boulevard Anchorage, AK 99513 Fitzgerald Federal Building Renton, WA 98055 -4056 Fort Worth, TX 76137 -0520 • Tel: 907 - 271 -5893 Jamaica, NY 11430 Tel: 425 - 227 -2520 Western Pacific Region Region Central R Tel: 718 - 553 -2616 • e9 Southern Region HI, CA, NY, AZ, GU IA, KS, MO, NE Great Lakes Region AL, FL, GA, KY, MS, NC, PR, Western- Pacific Regional Office Central Regional Office IL, IN, MI, MN, ND, OH, SD, WI SC, TN, VI Air Traffic Division, AWP -520 • Air Traffic Division, ACE -520 Great Lakes Regional Office Southern Regional Office 15000 Aviation Boulevard 601 East 12th Street Air Traffic Division, AGL -520 Air Traffic Division, ASO -520 Hawthorne, CA 90260 • Kansas City, MO 64106 2300 East Devon Avenue 1701 Columbia Avenue Tel: 310 - 725 -6557 Tel: 816 - 426 -3408 or 3409 Des Plaines, IL 60018 College Park, GA 30337 . Tel: 847 - 294 -7568 Tel: 404 - 305 -5585 New England Region CT, MA, ME, NH, RI, VT New England Regional Office • Air Traffic Division, ANE -520 12 New England Executive Park . Burlington, MA 01803 -5299 Tel: 781 - 238 -7520 • FAA Form 7460 -1 (2 -99) Supersedes Previous Edition NSN: 0052 -00- 012 -0008 • • Please Type or Print on This Form Form Approved OMB No. 2120 -0001 Failure To Provide All Requested Information May Delay Processing of Your Notice FOR FAA USE ONLY Aeronautical Study Number Federal Department Aviation Notice of Proposed Construction or Alteration • Federal Aviatin Administration • 1. Sponsor (person, company, etc. proposing this action) Attn. of: 9. Latitude: . Name: Address: 10. Longitude: ° • City: State: Zip: 11. Datum: ❑ NAD 83 ❑ NAD 27 ❑ Other . • Telephone: Fax: 12. Nearest: City: State: • 2. Sponsor's Representative (if other than #1) : 13. Nearest Public -use (not private -use) or Military Airport or Heliport: Attn. of: Name: • 14. Distance from #13. to Structure: Address: • 15. Direction from #13. to Structure: City: State: Zip: 16. Site Elevation (AMSL): ft. Telephone: Fax: 17. Total Structure Height (AGL): ft. • 3. Notice of: ❑ New Construction ❑ Alteration ❑ Existing 18. Overall height ( #16. + #17.) (AMSL): ft. 4. Duration: ❑ Permanent ❑ Temporary ( months, days) 19. Previous FAA Aeronautical Study Number (if applicable): • 5. Work Schedule: Beginning End -OE • 6. Type:❑ Antenna Tower ❑ Crane ❑ Building ❑ Power Line 20. Description of Location: (Attach a USGS 7.5 minute • ❑ Landfill ❑ Water Tank ❑ Other Quadrangle Map with the precise site marked and any certified survey.) • 7. Marking /Painting and /or Lighting Preferred: ❑ Red Lights and Paint ❑ Dual - Red and Medium Intensity White ❑ White - Medium Intensity ❑ Dual - Red and High Intensity White • ❑ White - High Intensity ❑ Other • 8. FCC Antenna Structure Registration Number (if applicable): 21. Complete Description of Proposal: Frequency /Power(kW) • • • • • • • Notice is required by 14 Code of Federal Regulations, part 77 pursuant to 49 U.S.C., Section 44718. Persons who knowingly and willingly violate the notice • requirements of part 77 are subject to a civil penalty of $1,000 per day until the notice is received, pursuant to 49 U.S.C., section 46301 (a). • I hereby certify that all of the above statements made by me are true, complete, and correct to the best of my knowledge. In addition, I agree to mark and /or light the structure in accordance with established marking and lighting standards as necessary. Date Typed or Printed name and Title of Person Filing Notice Signature FAA • orm - ( 2 -99) Supercedes Previous Edition NSN: 0052 -00- 012 -0008 • • • INSTRUCTIONS FOR COMPLETING FAA FORM 7460 -1 • PLEASE TYPE or PRINT • ITEM #1. Please include the name, address, and phone number of a personal contact point as well as the company name. ITEM #2. Please include the name, address, and phone number of a personal contact point as well as the company name. • ITEM #3. New Construction would be a structure that has not yet been built. Alteration is a change to an existing structure such as the addition of a side mounted antenna, a change to the marking and lighting, a change to power and/or • frequency, or a change to the height. The nature of the alternation shall be included in ITEM #21 "Complete Description of Proposal ". • Existing would be a correction to the latitude and/or longitude, a correction to the height, or if filing on an existing structure which has never been studied by the FAA. The reason for the notice shall be included in ITEM #21 "Complete Description of Proposal ". . ITEM #4. If Permanent, so indicate. If Temporary, such as a crane or drilling derrick, enter the estimated length of time the temporary structure will be up. • ITEM #5. Enter the date that construction is expected to start and the date that construction should be completed. ITEM #6. Please indicate the type of structure. DO NOT LEAVE BLANK. ITEM #7. In the event that obstruction marking and lighting is required, please indicate type desired. If no preference, check "other' and indicate "no • preference' DO NOT LEAVE BLANK. NOTE. High intensity lighting shall be used only for structures over 500'A GL. In the absence of high • intensity lighting for structures over 500' AGL, marking is also required. ITEM #8. If this is an existing tower that has been registered with the FCC, enter the FCC Antenna Structure Registration number here. • ITEM #9. and #10. Latitude and longitude must be geographic coordinates, accurate to within the nearest second or to the nearest hundredth of a second if known. Latitude and longitude derived solely from a hand -held GPS instrument is NOT acceptable. A hand -held GPS is only accurate to within 100 meters (328 feet) 95 per cent of the time. This data, when plotted, should match the site depiction submitted under ITEM #20. • ITEM #11. NAD 83 is preferred; however, latitude/longitude may be submitted in NAD 27. Also, in some geographic areas where NAD 27 and NAD 83 are • not available other datums may be used. It is important to know which datum is used. DO NOT LEAVE BLANK. ITEM #12. Enter the name of the nearest city/state to the site. If the structure is or will be in a city, enter the name of that city/state. • ITEM #13. Enter the full name of the nearest public -use (not private -use) airport (or heliport) or military airport (or heliport) to the site. i ITEM #14. Enter the distance from the airport or heliport listed in #13 to the structure. • ITEM #15. Enter the direction from the airport or heliport listed in #13 to the structure. ITEM #16. Enter the site elevation above mean sea level and expressed in whole feet rounded to the nearest foot (e.g. 17' 3" rounds to 17, 17'6" rounds to 18'). This data should match the ground contour elevations for site depiction submitted under ITEM #20. ITEM #17. Enter the total structure height above ground level in whole feet rounded to the next highest foot (e.g. 17'3" rounds to 18'). The total . structure height shall include anything mounted on top of the structure, such as antennas, obstruction lights, lightning rods, etc. ITEM #18. Enter the overall height above mean sea level and expressed in whole feet. This will be the total of ITEM #16 + ITEM #17. • ITEM #19. If an FAA aeronautical study was previously conducted, enter the previous study number. • ITEM #20. Enter the relationship of the structure to roads, airports, prominent terrain, existing structures, etc. Attach an 8 -1/2" X 11" non - reduced copy of the appropriate 7.5 minute U.S. Geological Survey (USGS) Quadrangle Map MARKED WITH A PRECISE INDICATION OF THE SITE LOCATION. To obtain maps, Contact USGC at 1- 800 -435 -7627 or via Internet at "http: / /mapping.usgs.gov ". If available, attach a copy of a documented site survey with the surveyor's certification stating the amount of vertical and horizontal accuracy in feet. ITEM #21. • • For transmitting stations, include maximum effective radiated power (ERP) and all frequencies. • • For antennas, include the type of antenna and center of radiation (Attach the antenna pattern, if available). • For microwave, include azimuth relative to true north. • For overhead wires or transmission lines, include size and configuration of wires and their supporting structures (Attach depiction). • For each pole /support, include coordinates, site elevation, and structure height above ground level or water. • For buildings, include site orientation, coordinates of each corner, dimensions, and construction materials, • For alterations, explain the alteration thoroughly, • • For existing structures, thoroughly explain the reason for notifying the FAA (e.g. corrections, no record of previous study, etc.). • Filing this information with the FAA does not relieve the sponsor of this construction or alteration from complying with any other federal state or local rules or regulations. If you are not sure what other rules or regulations apply to your proposal, contact local/state aviation and zoning authorities. • . Paperwork Reduction Work Act Statement: This information is collected to evaluate the effect of proposed construction or alteration on air navigation and is not confidential. Providing this information is mandatory for anyone proposing construction or • alteration that meets or exceeds the criteria contained in 14 CFR , part 77. We estimate that the burden of this collection is an average 19 minutes per response. An agency may not conduct or sponsor, and a person is not required to respond to a collection of • information unless R displays a currently valid OMB control number. The OMB control number for this collection is 2120 -0001. • FAA Form 7460 -1 (2 -99) Supersedes Previous Edition NSN: 0052- 00 -012- • 0008 • i i Site Securi +� Fence Desi TENCE 12" i CRIMP TOP Image courtesy of ' PRESSED STEEL Kimley -Horn and Associates, Inc. • I rn • 3" X 3" X 14GA. !NE POST 1 • I OUTSDE INSIDE SE AR E A E SE EA 1" X 1'16 GA. m m PICKETS i i 1 1/2 " X 1 1/2 ° X 14 GA. • I TOP AND BOTTOM RAIL 4 a -- i c c 3 "x3 ° x14GA. • ^' LINE POST W/ CORNER/END POST - PRESSED STEEL CAP • .�.T�� 1 -112 x 1-1 " x 14 GA. 1" z 1' 16 GA. U CKETS • 1O" OIA. TOP AND BOTTOM RAIL (TYP.) �TW � NTS NTS 26' SINGLE SLIDING GATE 10' MAX. 6' (SEE PLAN FOR LOCATION) STRAIN PANEL TRUSS BRACES PER GATE . 1" X 1" 16 GA. MANUFACTURER'S REQUIREMENTS PICKETS (TYP.) 6" TYP.� rf 6" TYP.) IMF MA01111041 • ' i FUSIBLE SNATCH MOUNT ON • _�_ ____ UNISTR UT RACK SLIDNG GATE Z a N h V ry NI SEE GATE TRACK DRIVE UNIT o w ���LLLL FOOTING DETAIL I L • MIN. D A. . PIN. (TYP.) ELECTRICAL GROUND (TYP.) t ?' lvRl *(TllT IRO\ I E, \( ;. Y1ITIi • NTS • • i • M-- &VWW , "WP Conceptual Plant Palette Botanical Name Common Name • Trees (Entry) Cercidium praecox Palo brea Olneya tesota Ironwood Prosopis velutina Native mesquite Trees (Parking) . Acacia smallii Sweet Acacia • Cercidium hybrid Thornless Desert Museum' Prosopis chilensis Thornless mesquite Trees (Retention) Cercidium floridum Blue palo verde Dalbergia sissoo Sissoo tree Ulmus parvifolia Evergreen elm Trees (Building) Acacia willardiana Palo blanco . Cercidium microphyllum Foothills palo verde Pithecellobium flexicaule Texas ebony Shrubs (Large) • Caesalpinia mexicana Mexican bird of paradise Dodonea viscosa Hopbush . Larrea tridentata Creosote • Shrubs (Medium/ Small) Calliandra californica Baja Fairyduster • Justicia californica Chuparosa Leucophyllum spp. Sage Plumbago auriculata Cape plumbago i Cactus/ Accents Agave spp. Agave Carnegiea gigantea Saguaro • Cycas revoluta Sago palm Ferocactus Herrorae Twisted Barrel Fouquieria splendens Ocatillo • Hesperaloe spp. Hesperaloe Opuntia spp. Prickley Pear Yucca spp. Yucca • Dasylirion wheeled Desert Spoon Echinocactus grusonii Golden Barrel Cactus r Groundcover/ Perennials • Baileya multiradiata Desert marigold Chrysactinia mexicana Damianita Dalea greggii Trailing Indigo Bush Lantana spp. Lantana • Penstemon spp. Penstemon Rocks/ cover • Boulders Coranado Brown • Decompossed Granite 'W Desert Brown Landscape Rock • • Trees (Entry, Parking, Retention & Building) r • rY 9 9 ) • • • 4 �� r • .. ow • Palo Brea Ironwood Nafive Mesquite Cerciidium praecox Olneya tesota P o i vel • • _ Thornless Desert Museum A Sweet Acacia Cercidium hybrid Acacia smallii ". Thornless Mesquite • .. � . �� Prosipis chilensis • Blue Palo Verde Cercidium floridum Evergreen Elm Ulmus parv'rfolia ;., Texas Ebony Pithecellobium flexicaule • ,n • Sissoo tree Palo Blanco Foothills Palo Verde • Dalbergia sissoo Acacia willardiana Cercidium microphyllum • • • • • • • Shrubs (Large, Medium & Small) • • Mexican Bird of Paradise Caesalpinia mexicana �. Hopbush Creosote Bush • Dodonea viscosa Larrea tridentatat • • Texas Sage Baja Fairyduster Chuparosa Leucophyllum spp. Calliandra californica Justicia californica Cape plumbago • Plumbago auriculata • • • • • • • • i • i • • Cactus/ Accents M®- ,+"vt • a Sago palm - Cycas revoluts Agave Saguaro • Agave spp. Camegiea gigantea II • Hesperaloe red �n • Hes eraloe spp. Ocatillo a Fouquieria splendens - -> Twisted Barrel � `•', ' , +` `` 1 � ,,r;'• Ferocactus Herrorae y t , Desert Spoon ' Das lirion wheeled •. • Yucca Yucca spp. 0 NEW— • Prickly Pear Golden Barrel Cactus 0 Opuntia spp. Echinocactus grusonii i • • Groundcover/ Perennials ,, -- ,, 0W< I 5 � n I 1 A Damianita Chrysactinia mexicana Desert Marigold a Trailing Indigo Bush Baileys muWadiata Dales greggii u � i Lantana Penstemon Lantana spp. Penstemon spp. TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: November 16, 2004 AGENDA ITEM: Study Session #4 TO: FROM: SUBJECT: MAYOR AND COUNCIL Mike Mencinger, Director of Operations and Maintenance Operation and Maintenance Update DISCUSSION Staff will make a power point presentation on the maintenance and operations projects. None. None. None. ATTACHMENTS RECOMMENDATION SUGGESTED MOTION 11/10/2004; 10.'23 AM 5 �rrkn` O R CD MMI CD N CD CD n � CD CD �, v ru0 v��.��m� C q— r— CD � 0 cn 0 (D C/) C D C7 r U) CD (n v Cn — CD �. o c� v _. CD CD o m c M �• C7 = CD (D n D. U (D O (D o CD O CD (C) CD D 0 CD CD MMI CD CD v CD 5' CD O v N v O 7 O �o CD v o' U) v v CD v n CD b = Js .T 4 r ✓'.s CD "'oM, CD © O r }, ' "i.. CD — �-` .� r � g n to { O ��a. u E � O Y a � � • 3 O _0 a) -0 o � CD -11 �l 0 OL) U) (n < cn _. C( o CD � <� O CD -i C w D o � CD (n CD � CQ <: m a) CD o. C. cn (n (n (D 0 . _0 0, > a � =3 3 �7 `< CD _ U) oo_. =3 C: � � (n CD C7 CnD (D (n � W U) �, r -4- CD =r 0 < U) n CD 0 CD CD W 0 M 0 07 =7 O N O W C- CO � U) U) CD CAD W CD W CD M - -_ - CD w U) 0 M M CD CD CD CA n O' N' (n to (n CD CD - 0 CD I O O O 07 0- CD (n 0 O - CD M , o M CD CT 0- CD Q) cn 73 0 X W C� 3 cn m � 0 c0 --4 CD � o a, U CD c 3 o - O U) �. CD cn CD �. _ . 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ATTACHMENTS Vendor policies, Booth Space Application form, Vendor Set-up location map. RECOMMENDATION None. None. SUGGESTED MOTION 11/10/2004; 10.'31 AM MEMORANDUM Porks And Recreolion Something For Everyone Vendor Policies: ® ® ® ® ® The return dead line date for vendors will be February 25, 2005. These applications will be mailed out the last week of December giving them a 60 day entry time. The application states a first come first serve basis with no acceptations. The application will start with non-profit Marana base first. Then we will go Marana based business license vendor next. Then we will open to commercial vendor's next. We should limit our food vendors to 20 providing they can accommodate they tentative expected of 8,000 There will no generators allowed. I will target the Churches, MUSD, Seniors, Military groups and your local youth groups (cub scouts, boy scouts, 4-h groups, sport groups) with a letter signed by the Mayor, vendor application, parade entry and a car show application. The number of vendor spaces the main park will house is 54. (27 electrical) The arena side will house 12 vendors (with electrical) MARANA TOWN O~ MAP. AN~, TOWN OF MARANA 28th_ Annual Founders' Day Event March 19, 2005 Booth Space Application Form Booth/Space # Space allotment will be a first come first serve basis, no expectations! Name of Applicant/Contact person: Name of Booth/Organization: Address City State ZIP Phone(s): Work Cell E-Mail AZ Tax ID or IRS Exempt #: List items you would like to sell: Do you have your own vendor truck/catering van? If so, please specify size and type Will you require electricity? YES NO (20 Amps only) 110 Outlets only! The Town is not responsible for ensuring the appropriate electrical needs to !~our space. Please bring lor~g extension cords for your personal use. Will you be bringing LP gas? What appliances are you bringing (NO MICROWAVES!) When will you arrive to set up? HOURS OF ENTRY INTO THE PARK ARE: Friday - March 18, 2005 Saturday- March 19, 2005 7:00 a.m. to 6:00 p.m. 7:00 am to 10:00 am ENTRY INTO THE PARK WILL CLOSE AT 6:00 PM ON March 18, 2005 - NO EXCEPTIONS! * Amount enclosed (fee & $75 refundable deposit must accompany application, {payable to the Town of Marana) Which space (limited to one space per vendor) are you applying for (circle one): Size of space is a 20' x 20' and the booth size is a standard 10' x 10" Booth No-Booth Non-Profit $50.00 $25.00 Commercial $150.00 $125.00 Food Vendor $150.00 $125.00 The Town of Marana does not guarantee and is not responsible for your profit or loss in this venture. In case of cancellation prior to event due to in climate weather, full refund will be returned. No refunds will be issued after event begins. If said vendor cancels by February 25, 2005 vendor will be fully refunded. If said vendor cancels after March 4, 2005 vendor will forfeit space fee. Mail application form only and payment to: Town of Marana, Parks & Recreation Department, 13251 N. Lon Adams Road, Marana AZ 85653. Deadline for application is February 25, 2005. I/we have read the accompanying rules and agree to comply with them and the ideals governing this event. I/we further agree to hold harmless the Town of Marana, event sponsors and property owner(s), their officers, agents, servants and employees for any loss, damage injury or liability of any nature to self or property in which I/we become involved by reason of participalion in this event. 1/we also agree to assume responsibility for any property which I/we knowingly damage and provide my/our own insurance for our booth. FAILURE TO SUBMIT AND/OR COMPLY WITH THE ABOVE INFORMATION WILL AUTOMATICALLY FORFEIT YOUR PARTICIPATION IN THIS EVENT. Print name(s): Date: Signature of applicant: For office use only Fees and Charges Total fees: $ Total Deposits: Total Amount due and Payable to the Town of Marana: $ Amount of Deposit Returned: $ Town Agent Signature: Date: Date: Receipt #: 2 ..................... MINUTES OF STUDY SESSION AND REGULAR COUNCIL MEETING MARANA TOWN HALL OCTOBER 19, 2004 STUDY SESSION PLACE AND DATE Marana Town Hall, October 19, 2004 CALL TO ORDER By Vice Mayor Kai at 6:00 p.m. A. COUNCIL ACTION 1. Presentation: Rental fees and agreement for public use of mobile stage (Ron Smith) Mr. Smith addressed the Council and related that the proposed agreement had been presented to the Parks and Recreation Advisory Board for consideration. He explained that numerous requests for use of the stage had been received and that it was feared the depreciation of the $85,000 mobile stage would occur faster than expected due to its constant use. He said that the proposed rental agreement was a way for the Town to recoup some of their operating costs and added that the stage was rented for future events by the Tucson Firefighters for their annual Chili Cook Off in downtown Tucson and by the Catholic Diocese for an event planned at Rillito Race Track. Vice Mayor Kal asked if everyone would be billed the same fees or if there were certain groups within the Town of Marana that would be exempt. Mr. Smith replied that there were certain entities that partnered with the Town such as the Marana Unified School District (MUSD) who would not be charged. He pointed out that the Town had incurred quite an expense last year loaning out the stage. Council Member Honea said that the stage was initially loaned out to various organizations in an effort to promote Marana and that the Town had always insisted on the display of the Marana Town Seal in full view as a form of advertisement. He commented that a variety of groups had borrowed the stage and that the Town might get itself into an uncomfortable legal situation if it denied rental of the stage to certain groups with affiliations not compatible with the Town's views. MINUTES OF STUDY SESSION AND REGULAR COUNCIL MEETING MARANA TOWN HALL OCTOBER 19, 2004 Mr. Cassidy advised that it would best serve the Town to adopt a set of administrative rules for the stage usage. He cited an example where a political group might rent the stage and, with the Town Seal clearly visible, it might appear as if the Town endorsed that particular political group. He noted that if this was done on an ad hoc basis that it would appear as if the Town was deciding the appropriate subjects to be discussed in the public forum. He said that a set of objective standards for who could rent the stage would be presented to the Council soon. Council Member Honea responded by saying that he thought it could be limited to nonprofit groups only. Council Member Escobedo suggested that it was not necessary for the Town to rent the stage and that it might be a better idea to confine the use of the stage to within the Town boundaries itself. Mr. Reuwsaat asked for the Council's direction and said that the Town staff could bring the policy and application to the Council for approval as well as work with the comments made at this meeting in order to set the rental standards and rules. Vice Mayor Kai said that he agreed the stage could be sent to too many places but that he could personally attest to receiving plenty of positive comments from the public and various officials when the stage was seen in Pima County or in Tucson at a large event. He pointed out that the stage was a unique bridge-building tool. Council Member Honea countered by saying that the drawback was the reality that if the American Nazi Party wanted to rent the stage that the Town would have to rent it to them or come up with substantial reasons why not to rent to the organization. He said it would only take one or two bad publicity incidents to completely diminish the benefits. Mr. Reuwsaat suggested the scenario of allowing only nonprofits located within the Town boundaries to rent the stage and, possibly, allowing the exception of an outside nonprofit to rent the stage if the event was to be held within the Town limits. He added that a second layer of allowable renters could be directly-sponsored governmental entity such as the State of Arizona, Pima County, City of South Tucson, or one of the tribal nations. MINUTES OF STUDY SESSION AND REGULAR COUNCIL MEETING MARANA TOWN HALL OCTOBER 19, 2004 Council Members Comerford and Honea asked that all political events be barred from stage usage period. Mr. Cassidy remarked that it was safer to go with nonpolitical events but added that then the Town had the dilemma of explaining what was political and what was not. He gave another example by describing a scenario of Planned Parenthood claiming that their event was not political but was simply a folk festival benefiting the organization. Mr. Cassidy said that merely the association with the name of Planned Parenthood would cause ill will for the Town. He advised that the Town would need to define nonpolitical. Council Member Blake suggested that the stage had already been too many places. Council Member Comerford said that the advisory committee had recommended keeping the stage within the Town boundaries if only because of the wear and tear on the stage. Mr. Cassidy said that it would be easy to insert a clause restricting the use to governmental entities within the Town limits. A general consensus was reached that the stage rental be limited to nonpolitical entities holding events within the Marana boundaries. Additionally, fee waivers were to be brought before the Council for approval on a case-by-case basis. Mr. Cassidy remarked that under the Arizona Constitution, governments cannot gift or lend anything of value to a private entity. He said that under that ruling the Town would not be able to allow a fee waiver for churches. Council Member Honea reiterated his opinion of limiting the stage rental to only Town-sponsored and MUSD events. He said this policy would eliminate any future problem as well as preserve the stage for the long term use of the Town. The discussion continued and it was agreed that the stage rental be restricted to nonpolitical events held by entities within the Town limits unless by Council waiver and that no fees would be levied against MUSD. Mr. Smith said that the staff would make the necessary changes to the agreement and bring it back before Council for approval. MINUTES OF STUDY SESSION AND REGULAR COUNCIL MEETING MARANA TOWN HALL OCTOBER 19, 2004 o Presentation: Agreement between Town of Marana and Western Heritage Committee (Ron Smith) Mr. Smith addressed the Council and said that the Western Heritage Arena was used by the Western Heritage Committee and that the rental agreement had gone before the Parks and Recreation Advisory Committee several times. He remarked that the agreement was intended to formalize the relationship between the Western Heritage Committee and the Town of Marana Parks and Recreation department. He opened the topic up for discussion. Council Member Honea commented that the Town was trying to get the Western Heritage Committee to a self-sustaining point and able to pay for all costs associated with events. He said that he did not think the Town should take any of the profit away from this group because the Town wanted the group to become successful and to provide more amenities and public events in the future. He added that the arena was basically bought for this group's exclusive use. Mr. Reuwsaat suggested that the Council consider other basic differentiations. He said that the proposed agreement stated "all youth events" would not have any charges with no net back to the Town. He said that was on par with ball fields whether it was soccer or baseball. He explained that this agreement asked for 25% of adult events where money was involved as pleasure. Council Member Honea asked how the Town planned to keep track of these monies. He asked if it would be an honor system. Mr. DeSpain commented that after every event a summary was given to the Board of Directors of the Western Heritage Committee and that Jim Cosby presented this during the meetings. Council Member Comerford said that the arena was still Town property and that it still put the Town in a position of liability if someone was seriously injured. She said that she was aware that the group had insurance but that in her opinion it was not wise to completely turn the arena operation over to the WHC without retaining some sort of Town control. Council Member Honea said that the Town retained the final say on what was done at the facility. MINUTES OF STUDY SESSION AND REGULAR COUNCIL MEETING MARANA TOWN HALL OCTOBER 19, 2004 Mr. Reuwsaat commented that the Town would get $25 out of every $100 netted by the organization. He said that the WHC had wanted to show good faith by contributing back to the Town for the use of the facility for adult events only. Council Member Honea asked if the utilities and other expenses would be paid out of the 25 % collected by the Town. Mr. Smith replied that this was the current arrangement. Mr. Cuaron commented that $2,500 had been collected from the committee so far this year. He said that $2,000 was donated by a private party and $500 was from the Western Heritage Committee. Mr. Smith remarked that there was a rental fee section included in the agreement and the section applied to outside organizations not associated with the WHC. Vice Mayor Kai commented that some sort of fee needed to be charged so that any repairs or maintenance costs could be covered. Council Member Honea contended that the accounting costs were higher than the fees collected and that he did not think the Town should charge the WHC at all. Council Member Comerford said that this might cause an uncomfortable situation with other entities such as the baseball leagues. She said that these other organizations might question the reasoning for their costs upon learning of the fee waiver for the Western Heritage Committee. Council Member Honea replied that the situation was different with the ball leagues because Town staff maintained the playing fields by performing such services as cutting and watering the grass, cleaning the dugouts, and raking the fields. He said that the WHC paid the costs of any Town staff used for arena maintenance. Mr. Reuwsaat remarked that the Town did all of the prep work and was not reimbursed by the WHC. MINUTES OF STUDY SESSION AND REGULAR COUNCIL MEETING MARANA TOWN HALL OCTOBER 19, 2004 Council Member Comerford stated that the Town was not in the business of making money but was in the business of protecting the standard of living, to keep the arena in well repair and to pay for the cost of running the equestrian events. She said that this situation was similar to the renting of the stage and that the costs had to be recouped somehow. Mr. Reuwsaat said that the Town's intent was to be a contributor to the equestrian event effort and to support the Western Heritage Committee. Mr. Smith commented that the $500 from the WHC did not cover the Town's costs but that it was meant as a goodwill gesture from the organization. He said that there were three scheduled events per month including a junior rodeo, a gymkhana, and an every-other-Friday rodeo event. He said that the arena was being used in the manner that the Council and staff had envisioned and that the outside organizations were the ones that would help in offsetting the arena costs. Vice Mayor Kai said that some of the jackpots for the team roping events ran as high as $10,000 to $15,000 and that he felt the Town should be compensated in those situations. Mr. DeSpain remarked that 115 teams generated an approximated $5,000 jackpot for the winners of a team roping event. Vice Mayor Kai asked for the Council's recommendation. It was decided that this item would be brought back before the Council for approval and that the agreement with the Western Heritage Committee would be as written with 25 % of the WHC net profit resulting from events held at the Western Heritage Facility going to the Town. Mr. Reuwsaat commended the individuals involved with the Western Heritage Committee and said that their efforts had exceeded the Town's expectations for the equestrian facility. MINUTES OF STUDY SESSION AND REGULAR COUNCIL MEETING MARANA TOWN HALL OCTOBER 19, 2004 3. Discussion: Municipal Complex Dedication (Mike Reuwsaat) Mr. Reuwsaat presented this item before the Council. He reminded everyone of the groundbreaking ceremonies for the new municipal complex and the fireworks display immediately following and ending the 2003 Founders' Day celebration. He said that a final dedication of the newly completed facility was planned for the 2004 Founders' Day. He asked if the Council wished to finalize the special day with another fireworks display. He noted that another option would be to handle the activities as normally held, i.e. the VIP functions, the Mayor's breakfast, and the parade. He said that usually the dignitaries were finished with the functions by 11:00 a.m. and then the fireworks would not necessarily be a VIP event but more of a community event celebrating the new municipal complex and its usage. He said that the question from staff was that they had two proposed scenarios for Founders' Day plans and needed the Council's direction. He said that there had been some discussion against a fireworks display this year and thought that if the intent was to celebrate publicly with the residents as was done in 2003 then a groundbreaking ceremony followed by a grand finale of fireworks was appropriate. He pointed out that the VIP event schedule would have to be reformatted closer to evening if the Council wanted the dignitaries and VIPs present at the fireworks display. He suggested a progression of events where the VIPs would still be present at the Town Hall site. He asked for the Council's direction. Council Member McGorray asked if there was an established date for the 2004 Founders' Day. Ms. Bronson replied that the festivities were scheduled for March 19th. Council Member Escobedo said that originally the public was given the fireworks two years ago to celebrate what the Town's future was going to be and now we want to celebrate once again with the public. He said that there were quite a few events happening throughout the weekend including a WHC rodeo and a carnival. He said that he thought the Town owed the public a fifteen minute fireworks display of thanks for their support and vision. Council Member Comerford questioned why the festivities had to begin early in the morning and asked if the times could be changed to later in the day. MINUTES OF STUDY SESSION AND REGULAR COUNCIL MEETING MARANA TOWN HALL OCTOBER 19, 2004 Council Member Escobedo commented that the community expectation would not be that fireworks were included in the festivities every year. Council Member McGorray asked about the timeframe of the rodeo and carnival events and if there was a parade planned as well. Council Member Escobedo replied that those events would go on until midnight and that a parade was also planned. A general discussion of start times for the Founders' Day festivities followed. It was decided that noon would be the starting time for the Saturday celebrations. Upon motion by Council Member Escobedo, seconded by Council Member Honea, the study session was adjourned. The time was 7:00 p.m. DINNER BREAK COUNCIL MEETING II. III. IV. CALL TO ORDER By Vice Mayor Kai at 7:10 p.m. PLEDGE OF ALLEGIANCE Led by Vice Mayor Kai INVOCATION/MOMENT OF SILENCE A moment of silence was observed and special thoughts for recovery from serious illnesses went out to two community members, Mike Etter, of Forest City Properties, and Lou Gingrass, of AAA Landscaping. ROLL CALL COUNCIL Bobby Sutton, Jr. Mayor Excused Herb Kai Vice Mayor Present Jim Blake Council Member Present Patti Comerford Council Member Present Tim Escobedo Council Member Present Ed Honea Council Member Present Carol McGorray Council Member Present MINUTES OF STUDY SESSION AND REGULAR COUNCIL MEETING MARANA TOWN HALL OCTOBER 19, 2004 Ve VI. VII. STAFF Mike Reuwsaat Town Manager Present Jaret Barr Assistant Town Manager Present Frank Cassidy Town Attorney Present Jocelyn Bronson Town Clerk Present Jim DeGrood Executive Asst. to the Town Mgr. Present Barbara Berlin Planning Director Present Attached is a list of public attendees. APPROVAL OF AGENDA Upon motion by Council Member Honea, seconded by Council Member McGorray, the agenda as presented was unanimously approved. ACCEPTANCE OF MINUTES Upon motion by Council Member Escobedo, seconded by Council Member Blake, the September 24, 2004 Council retreat minutes, the October 4, 2004 Council meeting minutes, and the October 4, 2004 study session minutes were all unanimously approved. CALL TO THE PUBLIC/ANNOUNCEMENTS Ed Stolmaker, Marana Chamber of Commerce Executive Director, addressed the Council. He commented on the organization's report which was included with the regular Town staff reports. He pointed out the increase in visitors to the Visitors Center from 2003 to this year. He noted the significant difference in visitor numbers, up by 352%, since the Arizona Department of Transportation (ADOT) replaced the Marana signage. He reported that the Chamber breakfast had started and was being held the first Wednesday of every month from 8:00 to 9:00 a.m. at the Cracker Barrel restaurant. He said that 35 members attended and took advantage of the networking opportunity. Mr. Stolmaker announced that the annual promotional golf tournament was scheduled for Saturday, November 6th, at the Pines Golf Club of Marana, and a holiday party at the Stardance Center was in conjunction with the Marana Arts Council and would be held on Thursday, December 9th. MINUTES OF STUDY SESSION AND REGULAR COUNCIL MEETING MARANA TOWN HALL OCTOBER 19, 2004 VIII. He added that a bowling tournament was also scheduled for Saturday, February 5% and would be held at Bedroxx Bowling. He distributed informational flyers related to a public forum focusing on the various propositions that will be listed on the upcoming November ballot. He said that the former State legislator Marion Pickens, now with the League of Women Voters, would discuss the pros and cons of the propositions and be available for a questions and answers session immediately afterward. The forum, sponsored by the Marana Chamber of Commerce, will be held on Tuesday, October 26th, from 7:00 to 9:00 p.m. at the Marana Operations Center located at 5100 W. Ina Road. A copy of the flyer has been made a permanent part of the record. Council Member Escobedo reported on the Miracle in Marana holiday event. He said that Bedroxx Bowling was assisting the nonprofit organization with fund raising efforts. He said that the Marana business was offering a $5 game card. He noted that the card had a $12 value good for two games of bowling and a $5 game card for use in the fun festival area. He said that all of the proceeds from each card sold goes back to Miracle in Marana to help in providing meals and toys for needy families. He urged everyone to participate in this community event. Vice Mayor Kai announced that the first Council meeting in November would be moved from the 2na to the 3rd because of the Presidential election. STAFF REPORTS IX. There were no questions regarding the staff reports. GENERAL ORDER OF BUSINESS A. CONSENT AGENDA Resolution No. 2004-145: Relating to subdivisions; approving a Final Plat for Garden Estates (formerly Estate Lots Tortolita Preserve) (Barbara Berlin) Upon motion by Council Member Escobedo, seconded by Council Member Comerford, Resolution No. 2004-145 was unanimously approved. 10 MINUTES OF STUDY SESSION AND REGULAR COUNCIL MEETING MARANA TOWN HALL OCTOBER 19, 2004 B. COUNCIL ACTION Resolution No. 2004-141: Relating to Real Estate; authorizing the Town of Marana to enter into a purchase agreement with Aboud & Aboud Partnership to purchase a lot for the Town of Marana HOME program (Dan Groseclose) Mr. Reuwsaat spoke to the Council about this item and said that the Town had an opportunity to purchase a lot located in the Honea Heights area to put into its affordable housing program. He said that the owner of the lot had passed away and the proposed purchase agreement for $17,000 was through the owner's estate. He said that the monies for this purchase would come out of the Community Development Block Grant (CDBG) Affordable Housing funds. He said that approval was recommended subject to the conditions of the resolution. Upon motion by Council Member Honea, seconded by Council Member Blake, Resolution No. 2004-141 was unanimously approved. Ordinance No. 2004.20: Relating to Real Estate; approving an exchange of real property located east of the intersection of Cortaro and Silverbell Roads; authorizing the Mayor to execute an Amendment to Real Estate Exchange and Development Agreement and any deeds and other documents necessary to accomplish the exchange; and declaring an emergency (Frank Cassidy) Mr. Cassidy presented this item to the Council and briefly explained the proposed real property exchange located near the Continental Ranch Park and Library and the Marana District Park. He noted that another exchange of property related to this area had taken place in December 2003 and it had been discovered that additional ingress and egress was needed for safety reasons associated with the roadway alignment. He said that the property exchange had been properly noticed in the newspaper and he recommended approval of the ordinance. Upon motion by Council Member Blake, seconded by Council Member McGorray, Ordinance No. 2004.20 was unanimously approved. 11 MINUTES OF STUDY SESSION AND REGULAR COUNCIL MEETING MARANA TOWN HALL OCTOBER 19, 2004 o Resolution No. 2004-146: Relating to subdivisions; approving a Preliminary Plat for San Lucas Block 9 (Barbara Berlin) Ms. Berlin addressed the Council and outlined the proposed preliminary plat saying that it was the first of twelve blocks to be developed for the San Lucas development. She noted that the final plat would require minimum building separation of 15 feet per the Northwest Marana Area Plan and that setbacks would be in accordance with the R-6 zoning requirements. She said that the average lot size was 7,011 square feet and the development of infrastructure that will support the development as well as other blocks within the block plat was planned to proceed this fall. The Planning Director recommended approval of the preliminary plat with conditions listed within the resolution. Council Member Honea asked about the limiting of two-story residences and if they were governed by the same standards other developments had been subject to and why the San Lucas Design Guidelines stipulation was included. He said that if the Town had an ordinance specifically governing the placement of two-story structures then it was not necessary to have additional guideline verbiage. Ms. Berlin replied yes in reference to Title 8, Section 08.06 of the Marana Land Development Code being the Residential Design Requirements adopted per Ordinance No. 2004.04 and that these were the requirements being applied to this development. She agreed with Council Member Honea in that she did not believe the San Lucas Design Guidelines needed to be included in the text of the resolution. She added that it was the subdivision developer's prerogative to have stricter standards than the ordinance required. Mr. Barr asked if Council Member Honea was referring to General Note #27 on the preliminary plat which listed all of the applicable provisions to which the project was subject. Mr. Reuwsaat agreed with Council Member Honea that the verbiage referencing the San Lucas Design Guidelines was confusing and said that this would be reworded in the future. He noted that the Town's codes would supersede any design standards. Upon motion by Council Member Honea, seconded by Council Member McGorray, Resolution No. 2004-146 was unanimously approved. 12 MINUTES OF STUDY SESSION AND REGULAR COUNCIL MEETING MARANA TOWN HALL OCTOBER 19, 2004 5. Action/Direction: Habitat Conservation Plan (Mike Reuwsaat) Mr. Reuwsaat gave a quick overview of the progress made regarding a draft Habitat Conservation Plan (HCP). He said that staff was recommending the approval of the Administrative Draft HCP and to direct staff to continue developing the HCP. Ms. Liberti introduced several HCP supporters and key contributors present in the audience including Carolyn Campbell, Executive Director of the Coalition for Sonoran Desert Protection, Marit Alanen, HCP Coordinator with the Arizona Game & Fish Department and ex-officio member of the Technical Biology Team (TBT), Trevor Hare, Field Coordinator with Sky Island Alliance and TBT member, Scott Richardson, Biologist with the U.S. Fish and Wildlife Service and TBT member, Tyler Jones, Town of Marana's Environmental GIS Analyst, and Jennifer Christelman, Town of Marana's Environmental Manager. Mr. Reuwsaat said that the Town was very pleased with this effort and that the draft will go to AZ Game & Fish for comment and then will return to the Town for additional work and studies. He stated that HCP recognized the balance the Town is trying to provide between development like San Lucas and the environmental concerns particularly with areas east of 1-10. He said that this plan proposed to cover six species, two owls, two snakes, and two bats. Carolyn Campbell, representing the Coalition for Sonoran Desert Protection, addressed the Council and reiterated Mr. Reuwsaat's comments. She said that her organization had been formed specifically to work on regional habitat conservation planning in Pima County and that she was very pleased to be the representing the stakeholders working group. She said that there were some really good, creative concepts contained in the draft HCP and that the Town had the opportunity to set an example and become the model for other communities around the country. She noted that the Coalition had submitted specific comments to the Town Manager throughout the HCP process such as their view of the conservation strategies, the difficulties associated with the pygmy-owl and assembling the preserve with the State Land Department, on the augmentation program, and on the Bajada Environmental Resource Overlay District (BEROD). She remarked that most of those areas were cutting edge. 13 MINUTES OF STUDY SESSION AND REGULAR COUNCIL MEETING MARANA TOWN HALL OCTOBER 19, 2004 She said that there had been discussions recently with members of the scientific and development communities on how to improve and refine the BEROD for the future. She concluded by thanking the Town for its efforts and asked that they continue to move forward with the Habitat Conservation Plan. e Upon motion by Council Member Comerford, seconded by Council Member Honea, unanimous approval of the Town of Marana Administrative Draft Habitat Conservation Plan (HCP) was given, and authorization for its submittal to the Arizona Game and Fish Department was unanimously approved, and Council's direction for staff to continue developing the HCP was unanimously approved. Adoption of 5-Year Capital Improvement Program for Roads (Jim DeGrood) Mr. DeGrood spoke before the Council regarding this item. He said that with the Council's recent adoption of the sales tax for regional roads, Council directed staff to develop a 5-year capital improvement plan (CIP). He said that the 5-year program basically consisted of $167M worth of construction projects with the most significant being the Twin Peaks Interchange. He stated that the second most significant expenditure was for improvements to Ina Road, including a railroad overpass, widening to 6 lanes between the interstate and the Cafiada del Oro, together with a replacement bridge over the Santa Cruz River. He noted that the funding came from a variety of sources such as Pima Association of Governments from which the Town receives State and federal shared revenues, the construction sales tax, the regional road fee, and the impact fees collected from the South Transportation Benefit Area for the Twin Peaks Interchange. He said that the proposed CIP did show a cash shortfall over the 5 year plus one year period represented on the informational sheet and that there was actually a $30M shortfall within the 5-year CIP. He stated that this would require the Town to consider bonding. He noted that the Town had a fairly reliable revenue stream in the half-cent sales tax and he felt bonding in the future could be safely recommended. 14 MINUTES OF STUDY SESSION AND REGULAR COUNCIL MEETING MARANA TOWN HALL OCTOBER 19, 2004 Council Member Honea asked what impact would there be on the Town if it bonded to make up the shortfalls on the front end of the five year plan and the RTA was approved County-wide. He said the Town would already have programmed its funds for a specific debt return. He said he was interested in what good it would do the Town to join the RTA if all of its funds were assigned to a specific project or two. Mr. Barr replied that the Town would be committing the half cent sales tax as a debt service payment as to the bonds. He said that if the PAG RTA were to take in the Town's half cent sales tax, it would be the Town's position that the RTA would also have to take back the repayment of those bonds and the associated projects. He remarked that Town staff did not see a problem with that scenario especially in the preliminary discussions with Pima Association of Governments because these projects included the regional transportation projects that PAG was already planning. He pointed out that it would be impossible for the Town to pay for the proposed projects without bonding. Mr. DeGrood added that PAG was fully aware of this going forward with the half cent sales tax as the subject projects had been included in the PAG Transportation Improvement Program submission. Council Member Honea asked what would be the estimated length of debt service. He said he understood that enough money would be generated within the 5-year period to pay the $30M bond. He remarked that there were a number of projects the Town was looking at for bonding and he did not want to become "bond poor" like many other Pima County municipalities. Mr. Reuwsaat commented that he hoped there would not be a lot of programs to bond for in the future. He said that transportation needs were of the highest priority to the Council and to the citizenry. He said that as the future year's funding programs were studied he expected the staff to be aggressive in pursuing federal and State funding options as well as other opportunities to reduce the need for bonding. The Town Manager said that he thought this provided community-wide benefits for all parts of the region. He said that during the budget process each year the staff would revisit this CIP program and roll the monies over for projects that have been completed. He added that he thought there was great value in taking this approach as opposed to going year by year. 15 MINUTES OF STUDY SESSION AND REGULAR COUNCIL MEETING MARANA TOWN HALL OCTOBER 19, 2004 Council Member Honea said that he agreed 100% with what the Town Manager was saying. He said that he was asking if the Town was looking at short term bond debt. Mr. Barr commented that the Town was currently investigating options within the bond program and that it should be noted that Mr. DeGrood mentioned one of his favorite municipal pet peeves, that of arbitrage and arbitrage yield. He said that, because of those requirements plus the Arizona Revised Statute requirements for spending bond funds within a certain timeframe, that the staff would like to bring to the Council in a future study session funding possibilities based on conservative estimations of the half cent sales tax and what the Town could bond for both with timeframes and bonding amounts. He remarked that some of the timeframes the staff had examined were for 15, 20, and 25 year bonds with the most logical being the 20 year bond. Mr. DeGrood explained that other financing tools would be explored and that one of the projects, the Thornydale Road project currently had an application in for a help loan through the Arizona Department of Transportation's (ADOT) highway extension loan program. He said that the loan would be repaid over six years. Council Member Escobedo asked if the overpass listed in line item #2, the Ina Road Improvements, M0 to CDO with overpass, was within the Town limits. Mr. DeGrood replied that it was indeed within the Town boundaries. He noted that Sunset Road was the only project marked on the distributed map that was outside of the Town limits. He said that the Town had requested funding for this project through PAG. Council Member Escobedo inquired about Pima County's plans for the roadway just east of the overpass and if the Town was going to receive any monetary assistance. He said that Marana was assuming responsibility for the road widening from 1-10 to the overpass and replacing the overpass. 16 MINUTES OF STUDY SESSION AND REGULAR COUNCIL MEETING MARANA TOWN HALL OCTOBER 19, 2004 Mr. DeGrood replied that, as the project related to Ina Road, there would be several partners involved including ADOT. He said that the Town was hoping to build a number of projects concurrently. He said that any one of those projects would have an impact on the business districts and if the schedule could be compressed to cause the least amount of disruption and impact on the business community that would be the goal. He said that, regarding Ina Road, ADOT didn't intend to reconstruct the interchange but to rebuild it as it stands. The Town has indicated to ADOT that they would be supportive of a combined project approach. Mr. DeGrood said that the Town was looking at taking advantage of timing opportunities as well as funding opportunities in doing a project that would be most beneficial. Mr. Reuwsaat said that this program also recognized significant private sector involvement through improvement districts as well as through the Tortolita Vista Development Agreement requiring them to build more roadways. He said that it was not all funding through tax funds but a significant investment by the development community as well. Council Member Escobedo made a motion to adopt the proposed 5-Year Capital Improvement Program for Roadways. The motion was seconded by Council Member McGorray and unanimously approved. C. MAYOR AND COUNCIL'S REPORT Council Member Honea reported that he had attended the Governor's Conference on Rural Development. He noted that the conference was not very informative but that his trip turned interesting when Vice Mayor Kai hosted a tour of the Central Arizona Project (CAP) siphon area off the Colorado River. He remarked that the tour was followed by a visit to Verrado, a planned community outside of Buckeye, Arizona, which bordered the White Tank Mountains Regional Park. He noted that this impressive development featured a pedestrian-friendly Main Street District with diverse housing options and architectural styles ranging from rental lofts and park homes to single-family home neighborhoods and custom home sites in the foothills and mountains. He said that his opinion on incorporating density in downtown projects would change if Marana maintained the quality of the Verrado development. Vice Mayor Kai reported his attendance at the CAWCD meeting. He said that this area was still in a drought condition but that there was no shortage of water declared on the Colorado River. He stated that he was hoping for good rain and snow pack this winter. 17 MINUTES OF STUDY SESSION AND REGULAR COUNCIL MEETING MARANA TOWN HALL OCTOBER 19, 2004 D. MANAGERS' REPORT Mr. Reuwsaat reminded the Council that Chief Vidaurri had participated today jointly with Pima County Sheriff Dupnik in the announcement of a Pima Regional SWAT team. He said that all of the area agencies had been working to form an organization that was able to respond more effectively and efficiently throughout the region. He said that this was another good example of Marana's regional cooperation. He related that he would expect a study session on the regional SWAT team rules at some future date. He continued his report by saying that October 21st was the ending ceremonies for the De Anza Commemorative Trail Ride, at Christopher Columbus Park beginning at 4:30 p.m. He noted that two Town employees, Brad DeSpain and Dan Sample, were riding in the event and that Ora Harn was driving the truck and horse trailer from the morning's beginning point to the finish site. He added that there was a conflicting event, Congressman Kolbe's celebration of the downtown revitalization at Kolbe Square between Congress and Broadway, at 9:00 a.m., and a ribbon cutting at the DM Federal Credit Union at 10 a.m. on November 3ra. He congratulated Council Member Escobedo for his Community Service Award from the League of United Latin American Citizens (LULAC), an organization focusing on advancing the economic condition, educational attainment, political influence, and health and civil rights of the Hispanic Population in the United States. He forewarned the Council that the upcoming study session scheduled for October 26th carried a heavy agenda. He said that he appreciated the indulgence of the Council and their extra work. He said that the CIP item on today's agenda was a direct result of the Council retreat and an additional study session which made the transition into tonight's agenda much easier. He said that he would like to continue on with that same process. Council Member Honea asked that one of the study sessions in the immediate future center around hard zoning and design standards. He said that he would be asking for a progress report at every opportunity because he felt these were critically important issues that needed immediate attention. Mr. Reuwsaat said that he would give the Council members a monthly written report updating them on all of the issues discussed at the retreat. 18 MINUTES OF STUDY SESSION AND REGULAR COUNCIL MEETING MARANA TOWN HALL OCTOBER 19, 2004 XI. FUTURE AGENDA ITEMS There were no items suggested for future agendas. ADJOURNMENT Upon motion by Council Member Escobedo, seconded by Council Member McGorray, unanimous approval to adjourn was given. The time was 8:00 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council study session held on October 19, 2004. I further certify that a quorum was present. Jocelyn Bronson, Town Clerk 19 MINUTES OF STUDY SESSION MARANA TOWN HALL OCTOBER 26, 2004 PLACE AND DATE Marana Town Hall, October 26, 2004 CALL TO ORDER By Vice Mayor Kal at 5:30 p.m. All Council Members were present and seated on the dais except for Mayor Sutton who was excused. A. COUNCIL ACTION 1. Presentation: Gladden Farms II Preliminary Concept (Forest City/Dean Wingert) Mr. Reuwsaat introduced the item before the Council. He noted that the project had been very successful in its first phase and that a representative of Forest City, Dean Wingert, would be making the presentation. Mr. Wingert outlined the Gladden Farms II Preliminary Concept. He explained that the property, formerly known as the Pacheco property, was a square mile between Moore Road southerly down to the Tangerine Road alignment. He noted that many meetings with Town staff and consultants, the Marana Unified School District (MUSD), and with Pima County had already taken place regarding the needed public facilities and the planned extension of Tangerine Farms Road from the Tangerine/I-10 Interchange going westerly across the property and eventually across the Gladden Farms community. He said that the conceptual plan presented to the Council at this meeting was still in process and would need adjustments but that the intent was to be absolutely in conformance with the Northwest Marana Area Plan regarding land uses. He stated that he had taken the Town's comments to heart in terms of the transportation network and that there would be public facilities in the community as well. He remarked that the water department had indicated the need for an additional well and surface tank for storage capacity. He related that the basic concept of the plan was to continue the Gladden Farms community theme. He said that the same standards for roadway development, landscaping and the use of major green belt paseos and pathways tying in with the Santa Cruz River Park would be utilized in order to make an interconnection between the two properties rather than create two stand apart communities. He pointed out that the plan showed commercial parcels in the northeast portion near the interstate frontage road in conformance with the NW Marana Area Plan and adjacent commercial property to the south on Tangerine Farms Road. MINUTES OF STUDY SESSION MARANA TOWN HALL OCTOBER 26, 2004 He said that he saw the position of that property as being key to the Tangerine Farms Road extension being implemented and that they would theoretically be giving approximately 30 acres of land for right-of-way to the Town for the roadway extension. He added that Forest City would be cooperating with Town efforts to form an improvement district to fund the development of the roadway from the Interstate to Moore Road. He said that, per the Town's desire for continuous recreational areas throughout the community, they would be proposing a Homeowners Association (HOA)- controlled activity center to include indoor use as well as outdoor green space with perhaps a community swimming pool. He stated that this private recreational facility would be owned and operated by the HOA and not be any burden on the Town. He explained that, in terms of their full cooperation with the Cortaro-Marana Irrigation District (CMID) regarding the two well sites and several interconnecting canals on the property, they would plan around those facilities and any adjustments, alignments or abandonment of the canals would only be with full CMID and Town approval. He said that Forest City was moving forward with the acquisition of this property and intended to file a rezoning case by virtue of a specific plan document within the next few months. He commented that the specific plan would address all of the issues just mentioned in much greater detail. He brought up the fact that the Gladden Farms community had a good initial reception from the public and that the builders were pleased and encouraged at the nature of the sales and in the range of pricing that has been evidenced already at Gladden Farms. He noted that not just entry level first-time home buyers were purchasing residences within Gladden Farms but that a good cross-section of buyers was established in the first phase. He said that they expected this spectrum to expand even further as the community matured and that they intended for the concept to follow on with the adjacent section of land to the east. He introduced several members of the project team who were in the audience. These members included Linda Morales from The Planning Center who would be handling the rezoning process as well as the specific plan preparation and O.K. Rihl, Director of New Development for Forest City. He concluded by saying that they would all be happy to answer any questions that the Council might have at this time. Vice Mayor Kai asked if there would be walkways or paths for the residents of Gladden Farms II to go westbound into the Heritage Park. MINUTES OF STUDY SESSION MARANA TOWN HALL OCTOBER 26, 2004 Mr. Wingert replied that the residents could go directly westbound from the community and that there would be connections into Gladden Farms along their mile-long shared boundary line. He said that this included both vehicular and pedestrian/bicyclists connections so that it would not be necessary to travel to Tangerine Farms Road. Council Member Honea asked if the connections would also be transportation roadways that would connect internally. Mr. Wingert answered yes. He noted that one of the infrastructure features the Town requested, a feature that they themselves had come to consider as a true benefit to the Gladden Farms community, was that every parcel had a roadway and sidewalk connection with the adjacent parcel so that it was not necessary to go out onto the main streets to get from one neighborhood to the next. He pointed out that this feature was a benefit to families with kids and that it cut distances and reduced traffic out on the major roadways. He said that the effect was of seamlessly traveling from one neighborhood to the next without going through any major transition. He explained that they were looking at utilizing the same feature between the farm property and Gladden Farms, where there would be adjacent neighborhoods on the common boundary, interconnected by roadways, sidewalks and paseo connections as well as the major connections between the two properties, Tangerine Farms Road on the south and Moore Road a mile to the north. Council Member Honea commented that he had asked the question because of the large number of residents in the two communities at build out and that it would be a benefit if children and families could walk or drive back and forth in the community without having to get onto Moore or Tangerine Roads. Mr. Wingert agreed. Mr. Reuwsaat pointed out that this connectivity would play into the safety factor as both Gladden Farms I and II residents were utilizing the joint-use recreation center. Council Member Honea asked if there would be one or two Homeowners Associations. MINUTES OF STUDY SESSION MARANA TOWN HALL OCTOBER 26, 2004 Mr. Wingert replied that it was too early to be absolutely certain but that the intent at this time was to have one overall association. Council Member Blake commented that each builder would have their own sub-associations for their specific projects. Mr. Wingert said that at this point with Gladden Farms there had not been any need for sub-associations and that all of the facilities, all of the subdivision parks, and all of the smaller recreational areas, were open to the entire community under one association. Council Member Comerford asked for the final number of homes at build out in Gladden Farms I and how many in Gladden Farms II. Mr. Wingert said there would be approximately 1,800 homes in Gladden Farms I and approximately 1,500 in Gladden Farms II. Council Member Comerford commented on the HOA situation in Continental Ranch. She said that with 4,000 homeowners it was an administrative nightmare. She continued by asking about the planned amenities for Gladden Farms I and if there was a school located there. He said yes and that some of the amenities were already in place. He said that there was a school planned and that several meetings with MUSD had indicated they would be looking for one elementary school site in the second phase as well which would be dedicated to MUSD at no cost. He said that they would also be looking forward, a little more in the future once the purchase of the property was concluded, to applying to the Town for the formation of a community facility district on the farm property as they did with Gladden Farms I. He noted that they wanted to see consistency between the two projects and the two developments and have the district, whether an expansion of the existing district or an entirely separate district, bring the two properties on par with each other. Vice Mayor Kai asked what was foreseen for the three designated commercial areas. MINUTES OF STUDY SESSION MARANA TOWN HALL OCTOBER 26, 2004 Mr. Wingert replied that Forest City had already seen grocery, restaurant, and small shop interest. He said that he thought the Tangerine Farms Road extension was going to be the key to that development. He stated that the Town had resisted commercial zoning along Moore Road and that Tangerine Farms Road would be vital to any of the commercial development taking shape. He noted that there had been a very clear indication from shopping center developers that a grocery store was being considered and could be the anchor store in an overall neighborhood scale center with restaurants and small shops. He speculated on the development on the northeast portion of the property by saying that the general guess was that the development would be more oriented to the heavier traffic and visibility from 1-10. He said that he thought the long term connectivity of Clark Farms Blvd was important to the area as the roadway was planned to interconnect to Tangerine and 1-10 as well as run north and west and eventually become an east-west street through the heart of Vanderbilt Farms/Clark Farms. Mr. Reuwsaat commented that the Town also had interest from car dealerships and said that this interest would firm up when the rooftops were in place. He said that there has been interest in putting in a grocery store at the Marana exit where the cotton gin facility was currently located. He added that there was interest in both sides of the Marana interchange. Council Member Honea asked if any senior restricted projects had been considered. Mr. Wingert replied no. Council Member Honea said that Sunflower, Heritage Highlands, and Dove Mountain were the Town's big senior projects and that that they were in the last phases currently. He said that he thought there was a need for a project like that in this area. Mr. Wingert said that he did not think there was any potential for a golf course oriented adult community but something that's heavily weighted toward other amenities like Sunflower, close to facilities like golf or medical facilities, was something his company would certainly consider. MINUTES OF STUDY SESSION MARANA TOWN HALL OCTOBER 26, 2004 Council Member Escobedo commented that the concept was good and that he liked the location of the multi-family area. He asked for Forest City's basic area concept of the multi-family, apartments, and condos. Mr. Wingert answered that a factor in the whole equation was the location of the Pima County Sanitary Landfill to the south of the property on its eastern half across the wide right-of-way for Tangerine Farms Road. He said that Forest City had met at length with Pima County and communicated with the Town about that facility. He said that the Tangerine Farms Road extension would have to consider the landfill and access into it. He said that his company was attempting to find compatible land uses with the part of the property that would be the closest to the County facility. He reported that they owned a commercial corner down towards the extreme southeast part of the property and then a multi-family piece. He said those were the two areas closest to the landfill. He remarked that he thought the concept with the multi-family designation would be rental product, low-rise, and with considerable amenities for its residents. He said that, as the area matured, there would be more of a market for a quality rental product. Council Member Escobedo said that there were much potential for that area depending on what Pima County decided to do with the landfill. Mr. Reuwsaat said that ongoing discussions with Pima County were leaning toward finding another site for the landfill and close down the current site as soon as possible. Council Member Escobedo asked if the idea for this project was to have higher densities in the south and lessen the densities as it moved north. Mr. Wingert replied that they had conceptually thought of looking for parts of the property that would have the most amenities, such as along the frontage on a paseo, and look to those for the lower density, higher price point parcels rather than simply being north to south or east to west. He said this would spread the mix throughout the community. Mr. Reuwsaat said that one of the concepts being discussed with the Forest City staff was to wrap some of the multi-family areas around the commercial areas particularly if it was retail. MINUTES OF STUDY SESSION MARANA TOWN HALL OCTOBER 26, 2004 Council Member Honea stated that this would that be similar to Continental Ranch with the two apartment complexes on Cortaro Farms Road between Silverbell Road and the Santa Cruz River bridge. He said these multi-family units were conveniently located near the grocery stores and other businesses all in the same region. Council Member Blake mentioned that he agreed with his colleagues' comments about exercising caution when dealing with HOA organizations. He said that his HOA in Continental Ranch had been a nightmare especially at the point of developer turnover to the homeowners. He said that the residents thought things would get better but that the situation had become even stricter and presented a considerable problem for the homeowners. He said that he did not think this type of situation would improve with sub-associations in different development areas but that it was something to consider. He suggested that, if Forest City were considering one master association, to set up the HOA as a corporation with no homeowner control. Council Member Comerford, also a Continental Ranch resident, said that the HOA was a management nightmare for the developer as well as the residents. She said it was difficult to be consistent with so many homes. The Council member continued by asking about the acreage at The Springs apartment complex. Mr. Wexler of Continental Ranch Development, L.L.C. replied that the smaller unit was approximately 200 units on about 10 acres and the larger project was 298 units on approximately 15 acres with the density a little less than 18 units per acre. Council Member Comerford commented that Forest City's proposed concept were considerably larger than The Springs. She mentioned that the proposed sizes were 27 and 31 acres. Council Member Honea asked about the phasing of the project. MINUTES OF STUDY SESSION MARANA TOWN HALL OCTOBER 26, 2004 Mr. Wingert replied that the intent would be to move through a land use approval rezoning process in the coming year then go through all of the platting and design issues process. He said he expected the development to initiate in late 2006 or 2007 at the earliest and that it would be the best of both worlds if that fit well with the timing of the Tangerine Farms Road Improvement District project. Council Member Honea commented that the Tangerine Farms Loop Road was going to become an absolute necessity far before this project was built out because Moore Road was not going to handle the traffic generated by the inhabitants of a few thousand houses. He pointed out that the road was a chip seal road and that it didn't even have the base for high traffic levels. He voiced his concern about creating another traffic catastrophe similar to Cortaro Farms Road. He said that, even in order to improve Moore Road, Tangerine Farms Loop Road had to go in first so that there was some way for the traffic to get through the developed area. Mr. Reuwsaat said that Forest City had acquired this property and from an improvement district standpoint was in a good position with more than 50% of the property ownership. He added that this allowed them to move much more rapidly in forming the improvement district. He related that Mr. DeGrood had met with Mr. Palkowitsch who owns the remaining property on both sides of the project and that discussions were also taking place regarding an interest in Granite Construction working with the Town. Council Member Honea said he believed it had been discussed on the original project that the loop road would be completed to Tangerine Road prior to Phase II. Mr. Wingert concluded his presentation by thanking the Council for their time. He pointed out that this project was a work in progress and that it was fairly early in the phasing. He offered to return before Council when a more informative update could be provided and certainly prior to presenting the rezoning case. Council Member Escobedo inquired about the health condition of Mike Etter, an employee with Forest City. MINUTES OF STUDY SESSION MARANA TOWN HALL OCTOBER 26, 2004 Mr. Wingert said that Mr. Etter, who was extremely involved with the Gladden Farms community, had brain surgery on October 18th and was home by Thursday night. He said he was recovering very well and that he either had visited or spoken with Mr. Etter daily. Mr. Wingert added that Mr. Etter was well enough today to be making phone calls and answering email and that he was eager to get back to the job. 2. Presentation: Vanderbilt Farms Final Block Plat (Jaret Barr) Mr. Reuwsaat presented this item before Council and gave a brief progress report on the project. He said that the item would be brought back for Council consideration at the November 3ra meeting. He said that what was proposed today was so broad that it would be presented as a specific plan or a set policy for special planning areas such as Town Center and the employment center. He continued by leading a general discussion about the block plat and its intended uses. Council member Comerford and Honea questioned the suitability and functionality of round abouts being implemented in northwest Marana. Farm Field Five is platted for R-6 The general consensus was that the project was moving along as expected and that there were some questions on Blocks 7 and 8 for the developer. 3. Update: Municipal Complex (D.L. Withers/Marc Thompson) Marc Thompson, D.L. Withers Project Manager, addressed the Council about the Municipal Complex progress. He reported that Buildings B and C would be ready in early January after undergoing systems testing in December. He said that even though furnishings and phone systems would be installed in mid-December, they wanted to take about 30 days to make sure everything was in order before moving in the 911 dispatch. He reported that there was power to the two buildings which allowed testing of the breakers and sub-panels and that framing on the outside of Building A had begun as well as completing the roof. He said that the two month process of placing the stone on the feature wall facing Main Street was underway as well as stucco and framing work inside. He predicted that the work would be complete by Founders' Day. MINUTES OF STUDY SESSION MARANA TOWN HALL OCTOBER 26, 2004 Mr. Thompson spoke briefly about Civic Center Drive and Main Street and said that after adjusting several manholes in the roadways that other roadwork could begin. He noted receipt of the final design for the widening of the ramp over the Barnett canal which would have to be pre-cast. He said that this was a four to six weeks wait to get the piece that would form the actual bridge. He mentioned that he was looking forward paving the roads and nearing completion of the roadway projects so work could begin on the lighting and landscaping projects. He predicted that to be completed in late February or early March 2005. He reported on the Grier Road sewer project and said that the CMID canal was being replaced due to severe leaking. He warned the Town staff that the roadway had been made one-way and that angry calls to Town Hall might be forthcoming. He added that crews were working diligently on this project and even continuing work until long after midnight in some instances. He continued by explaining efforts to control the Grier Road storm drainage and on efforts to alleviate flooding by directing the floodwater into the Cortaro-Marana Irrigation District (CMID) canal. He said that this project would be hard on the residents because Grier Road would remain a one-way street until December 15th when the CMID canal work is completed. Mr. Thompson said that there would be a break for the residents over the holidays with the resumption of roadwork in January after the New Year. He remarked that it would probably take until mid-April to complete the entire project because the main water line was being replaced as well as the remaining residential hookups to the sewer line. Mr. Reuwsaat pointed out the significant differences with the neighborhood in that there would be sidewalks on both sides of the road plus street lighting plus the roadway's re-plaining to divert the storm water drainage. He said that the northwest area needed a master drainage plan to address the storm water issue. Council Member Honea asked if the road would be lowered somewhat so that it would contain a certain amount of the storm water drainage. Morris Reyna, Marana Construction Manager, said that the section of Grier Road between Lon Adams and Sandario Road was lowered from the pre- existing settling drain as well as the salvage being slowed to the south to the crown of the roadway. He pointed out that the average lowering from the original design was three-tenths of a foot throughout most of the process with the west end even deeper. 10 MINUTES OF STUDY SESSION MARANA TOWN HALL OCTOBER 26, 2004 Mr. Reyna stated that the road would actually be able to hold more capacity as there would be catch basins under the road which would drain both sides. He said another plus was that the unattractive concrete ditch on the south side of Grier would be gone. Vice Mayor Kai asked if the CMID ditch on Sandario would be lowered also so that there would not be a pronounced hump in the roadway. Mr. Reyna replied that Sandario Road would be lowered where Grier crossed and that there would be a low point in Grier on the east side where the last catch basins were located. He 'said that there would be a certain amount of water in a peak storm event that would be held back before it would go over the top of Sandario. He explained that the idea was to allow those flows once they reached certain levels to go over the top of the road and flow freely down the remainder of Grier Road. Mr. Thompson began speaking about the Municipal Complex and said that everything would be ready for the Founders' Day ceremonies and groundbreaking but that the large move in of employees would occur after the celebrations. 4. Presentation: Draft security and access policy for Municipal Complex (Tony Casella) Mr. Casella addressed the Council about the security and access policy for the Municipal Complex. He said that for the last six months a security committee has been discussing the current draft of the policy. He highlighted the policy and said that it ensured that the IT department would program and maintain the security system in the complex including he card readers, the cameras, and the proximity cards. He explained that the complex would have security cameras throughout with 13 to start, with an approximate 20-30 in the future. He said that the cameras would record upon motion on a digital video recorder (DVR) with a capacity of 15 days f or retrieval purposes. He added that Marana Police Department felt that this was adequate. He went over some of the complex's design features such as the information desk in the lobby of Building A. He said that hiring a security officer for that work station was being considered so that someone would be present to maintain and monitor doors open, alarms false, and any issues related to the door during the day. He said that after 11:00 p.m., the police dispatch in Building B would take over that responsibility although it was not their main function. He explained that they would be able to view the buildings on one of the plasma TVs. 11 MINUTES OF STUDY SESSION MARANA TOWN HALL OCTOBER 26, 2004 Mr. Casella said that the employees would have access to their own work floors seven days a week as they currently did and the rules might become stricter as issues warranted. He said that the issue of employees being able to freely roam between first floor and second floor during the working hours had not been addressed as yet. Mr. Reuwsaat commented that he did not think it was an imposition to be buzzed into an area where an employee did not work. Ms. Bronson asked if the front doors to the lobby and the doors to the Council Chambers would be accessible through a prox card or a key. She said that they should be because of the expensive equipment housed in those areas. Mr. Casella answered that he did not think there was a lock on the Chamber door. Council Member Escobedo inquired about access for the Council members into the Town administration areas. Mr. Casella replied that the idea was for everyone to have access to the administration areas. The IT Director said that each department would have access to its own area and that the security committee recommended a check in process for visitors. He said that the process involved signing in and receiving a visitors badge after presenting a driver's license at the front desk. He said that the rules needed to be applied fairly across the board to everyone. A general discussion followed and focused on the various methods that could be used when checking in visitors to the complex and on the areas of access into the new buildings. It was decided that a committee would be formed after the initial move into the new complex and modifications, if necessary, would be made in the security regulations at that time. Mr. Thompson added that there would be conference rooms accessible from the outside of the building but closed off from the rest of the building without a card reader. He said that there would also be documentation from the camera and card readers of who is coming and going into the complex buildings. 12 MINUTES OF STUDY SESSION MARANA TOWN HALL OCTOBER 26, 2004 Mr. Bronson noted that there would be signs posted throughout the complex that a security check in was required in the main lobby. e Presentation: Draft covered parking policy for Municipal Complex (Mike Reuwsaat/Jocelyn Bronson) Mr. Reuwsaat said that 76 total covered parking spots had to be purchased. He said that seven or possibly eight available for the Council members during the Council meetings and three reserved spaces open throughout the week. He remarked that it was recommended that all staff members pay for the covered spots. A general discussion followed about the number of employees willing to pay for reserved covered parking, when the expense of building the covered parking would be paid off, the location of dedicated Council parking as well as the general covered parking area, and how it would be decided who gets a reserved spot. A brief discussion took place regarding janitorial services for the new complex. It was reported that ongoing negotiations with the current cleaning service were taking place. The Town Manager said he would keep the Council apprised of all negotiating points including those related to building security and cleaning times for sensitive areas such as the police department. Mr. Reuwsaat said that a consultant was scheduled to meet with the Town staff to discuss the Town Center planning options. He related that he would like to set up a two-day trip on December 3ret and 4th to the Phoenix area to have the Council members see firsthand some of the master planned communities incorporating town center themes. He asked that on Wednesday, November 3% the Payson & Vanderbilt projects be put on the agenda with the study session beginning at 5:30 p.m. He explained that any items finalized during study sessions would be brought back before the Council at the next regularly scheduled meeting. He also said that he would like department heads to give a five-minute video overview of their departments. It was decided that these overviews would be given during a study session. 13 MINUTES OF STUDY SESSION MARANA TOWN HALL OCTOBER 26, 2004 XI. ADJOURNMENT Upon motion by Council Member McGorray, seconded by Council Member Escobedo, unanimous approval of adjournment was given. The time was 7:30 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the study session held on October 26, 2004. I further certify that a quorum was present. Jocelyn Bronson, Town Clerk 14 STAFF REPORTS TO COUNCIL Building Parks & Rec Town Clerk Planning Court Police Finance Public Works Human Resources Water PUBLIC WORKS STAFF REPORT Capital Improvement Projects following are capital improvement projects in design. Ina Road Roadway Improvements  1-10t.~o Silverbe Road ~This project consists of roadway improvements ~including design and reconstruction to widen to ~four lanes with multiuse lanes, median island, lcurb, curb and gutter and sidewalk installation, drainage improvements, landscaping, signal modifications, artwork and street lighting. Project is 1.1 miles in length. Estimated Construction Time: To be idetermined IStatus: 404 Permit application has been ~submitted. First year of Pygmy Owl Survey ~has been completed. The Traffic Impact l A, nalysis, Phase I Environmental Site ~A_ssessment, Archaeology, the amended ~Bridge Inspection, Bridge Stability Analysis, ~Grade Control Stability Analysis, Bridge ~Selection, Location and Geotechnical (for ~raffic Signals) reports are complete and have been accepted; NPPO Plan has been accepted and Draft Access Management Report is on hold at this point in time. Access Management acceptance letters have been received by the Consultant from the abutting property owners. The Town had submitted 75% Improvement Plan comments to the Consultant in December of 2003. Revisions have been submitted to the Town, and the )lans have been shelved. Ina Road BridRe Improvements-BridRe over the Santa Cruz River This project consists of constructing a new bridge over the Santa Cruz River south of the existing bridge. Construction will also include rehabilitating the existing Grade Control Structure, extending the soil cement/ concrete floor protection to include the new bridge, reconstructing the soil cement bank protection on the east and west side of the Santa Cruz River. The reconstruction of the bank protection will include provisions for a pedestrian path. Estimated Construction Time: To be determined Status: The bridge Improvement Plans, DCR, Bridge Selection Report, Bridge Stability Analysis and the amended Bridge Inspection Report have been submitted to ADOT, Phoenix office. The ACOE permit is expected to be complete by the fourth quarter of 2004. November 2004 (Staff Report for the month of October Capital Improvement Projects in Design 1-4 Capital Improvement Projects In Construction Completed Projects Traffic Division 7 Environmental 8-9 Division Arts Committee [ 0 PUBLIC WORKS MISSION AND VALUES "The Marana Public Works Department is committed to providing quality service by consistently delivering and maintaining reliable, safe public facilities with a productive, respectful and ethical work force." Our operating values are: Satisfaction Respectful Communication Refiable Productive Quality Ethical Consistency Service Safety Integrity Commitment November 2004 Capital Improvement Projects in Design (continued) DCR for the Ina Road Corridor Proiect This project will involve the development of a Design Concept Report to improve Ina Road and the area south of Ina Road between Thornydale Road and Camino Martin extending to Orange Grove Road. Estimated Construction Time: To be determined Status: This project is currently on hold. Honea Heiqhts Sewer Improvements This project consists of constructing/installing the sanitary sewer mainline and incidentals for the residents of the Honea Heights Subdivision. Estimated Construction Time: First quarter of 2005 Status: Pima County Wastewater Management is in the process of finalizing the Project Plans and Contract Documents. Honea HeiRhts Roadway Improvements This project will involve the development of construction plans for roadway and drainage improvements for Honea Heights subdivision, located between Sanders and Sandario Roads, between Moore Road and the Santa Cruz River. · ,~,,Estimated Construction Time: Following completion of the Jonea Heights Sewer, approximately 4th quarter of 2005. Status: Tetra Tech is the design engineer. Tetra Tech is working on revisions to Phase I of this project. An individual 404 Permit application has been submitted to the Army Corp of Engineers and is anticipated by the fourth quarter of 2004. Construction will begin after all permits are obtained, design is complete and Rights-of- Way are obtained. Twin Peaks Interchanqe This project consists of Environmental Assessment clearances, DCR and 15% plans for the corridor alignment, Phase I; final design for TI, grade separated railroads west of 1-10, 1-10 structures and connection to the existing roadway system to the east, Phase II. Estimated Construction Time: Latter part of 2006 Status: The Draft Alternatives Selection Report is still under review/comment by ADOT personnel. The Town's comments have been transmitted to the Consultant for inclusion in the Final Report. Staff has reviewed and transmitted comments to the Consultant on the Draft DCR. The Town is now in receipt of the Draft DCR and has transmitted the documents to the various agencies for review and comment. The Town has reviewed the Final Traffic Noise Analysis Report, and the comments have been transmitted to the Consultant. Status: Negotiation for design services are currently underway. Santa Cruz River Corridor Trail This project consists of providing a DCR and design for the path alignment, landscaping and irrigation and parking facilities for the linear path located on the levee of the Santa Cruz River from the end of Phase I alignment to Gladden Farms. Estimated Construction Time: To be determined The Consultant Team and the Town are continuing to work on the public hearing which is tentatively scheduled for the fourth quarter of 2004. The Town has reviewed the Final Visual Impact Analysis Report, and the comments have been transmitted to the Consultant. The Town is in receipt of the Draft Environmental Assessment Report, and the comments have been transmitted to the Consultant Status: Legal description and exhibits have been completed for land exchange with Pima County and State Land easements. The Consultant is currently on schedule, and the EA and DCR are anticipated to be completed in the latter part of 2004. District Park Bank Protection This project consists of providing bank protection along the west bank of the Santa Cruz River from Ina Road to Cortaro Road. Phase I of the project will be from Cortaro Road to the Yuma Wash. Estimated Construction Time: First quarter of 2005 Pa~e 2 PUBLIC WORKS November 2004 Capital Improvement Projects in Design {continued) Thornydale Road Improvements/Oranqe Grove Road To CDO Wash This project consists of reconstructing Thornydale Road from Orange Grove to the CDO Wash along with the reconstruction/ widening of the approach roads; sidewalks, curb, curb and gutter, traffic signal modifications, drainage facilities, median islands, street lighting and art work. Estimated Construction Time: 1st quarter 2006 pending funding Status: The 100% Improvement Plans have been received. The Phase I Environmental Site Assessment, Cultural Resources, Drainage and Geotechnical (for traffic signals) Reports have been accepted. The Traffic Engineering and Access Management Report has been accepted. Santa Cruz River Shared Use Path1 Phase I and II This project consists of the design and construction of a 14' wide paved asphalt path from Cortaro Road to Coachline Blvd. via the El Rio Park Development. Two pedestrian bridges provide major drainage crossings for the path. Phase I consists of building a shared use path between Cortaro Road and Twin Peaks Road in the over bank and intermediate bank areas of the Santa Cruz River. Phase II consists of a continuation of the shared use path in Phase I from Twin Peaks to El Rio Park. Each phase is partially funded under ADOT's Transportation Enhancement Program. Construction will need to be completed such that the ADOT funds are properly tracked; however, design can be completed as a single project. Estimated Construction Time: fourth quarter of 2004 Status: The Environmental Determination (ED) has been accepted by ADOT. In late April 2003, the Town selected Castro Engineering for the path design and Structural Grace for design of the pedestrian bridges. The 100% plans have been received. The artistic concepts for the project have been presented and endorsed by the Mayor and Council, Marana Parks Committee, the Public Works Arts Project Committee, the Continental Ranch and Sunflower Homeowners Associations, an HOA public meeting, the Construction Committee and the Building Committee. The bid package has been advertised. Bids have been approved and budget is being evaluated. End of construction is targeted for the 3rd quarter of 2005. Silverbell Road Improvements Cortaro Road to Ina Road This project consists of reconstructing the roadway to four lanes with curb and gutter, multipurpose lanes and sidewalks, and providing for a continuous center turn lane, sanitary sewer system construction and intersection improvements at Ina/Silverbell, which includes a new traffic signal system. Estimated Construction Time: 3rd quarter 2005 Status: Environmental, Biological, DCR, Geotechnical Report, Pavement Design Summary, Archaeological and Drainage reports are complete and have been accepted. The 404 Permit application has been submitted to the Army Corps of Engineers (ACOE) and is expected to be complete within the fourth quarter of 2004. Third year of Pygmy Owl Survey has been completed. ACOE is still in the process of reviewing the plan as submitted by Old Pueblo. The Town is in receipt of the final Sanitary Sewer Basin Study and the study has been accepted by both the Town and PCWWM. The Sanitary Sewer Plans have been reviewed by PCWWM. A public open house was held on January 15, 2004. The Town is working with ADOT to determine the best schedule to coordinate the 1-10 Widening Project with the Silverbell Project. 95% plans have been received and review is underway by Town staff. Town of Marana, Northwest Marana Town Center Desitin and Development Three projects are ongoing to master plan and establish the layout, ambience and design standards of the Northwest Marana Town Center. Northwest Marana Town Center, Master Plan Project This project will provide Master Plan Services for further planning and conceptualization to set design and development standards to facilitate the urbanization of the Northwest Marana Town Center. Status: Durrant Group and McGann and Associates continue the master planning of the rest of Ora Mae Harn District Park and the areas south of the park and Municipal Complex. The Town will work with land owners and developers for further use of the Town Center land. The Notice to Proceed should be issued in the second quarter of 2004 following approval of the scope of work and contract negotiation. Page 3 PUBLIC WORKS November 2004 Capital Improvements in Design (continued) Town of Marana Municipal Complex (Marana "MuniPlex") This project consists of the design and construction of a new Town Government Complex and will integrate the Muniplex and surrounding facilities with the Ora Mae Harn Park which will eventually abut a linear greenbelt park that will run from 1-10 to the Santa Cruz River. This linear park will also serve as a relief conduit for excess water from the Tortolita Mountain fan run off. Status: During October, 2004, D.L. Withers, the CM, made great visible progress in the exterior and interior of Building A (Administration Building), the underside of the link between A & B (MPD), and the interior of B and C (Courts). They completed miscellaneous steel work on the Council Chamber including setting the four steel columns in front of the large curved wall and began back filling soil to the grade of the planters between Building A and the roundabout, spreading the corrugated roof decking over the third floor and over the second floor balcony. Steel studs for the exterior walls were essentially completed on all floors of Building A and exterior sheetrock was placed on the first, second and third floors of Building A. Interior metal studs were essentially complete on the first and second floors and advanced on the third floors. Interior sheet rock was well advanced on the first floor with many areas ready for tape, texture and painting. Interior sheet rock was well advanced on the second floor. Steel stud framing was well advanced on the balcony canopies around Building A, interior drywall in Buildings B & C are essentially complete as are hanging clouds and drop ceiling grid. Window glazing was welt advanced on Building B & C. Setting of doors began with the plan to complete in early November. Mill work was brought into the Building B and drop lighting was well advanced. There was extensive wire pulling into the MDF Computer Room in Building B in support of the operation of 911 dispatch, and Buildings B and C. The Air Conditioner for the MDF was set in place. Stone work on the curved wall from Building A toward the street. Wall tile, floor tile and fixtures were set in the bathrooms in Buildings B & C and the slate was placed on the second floor on the covered balcony at the Courtyard side of Building B and the Link. The steel stud framing and dry wall roof was essentially complete under the links that forms the covered patio and planting areas between Building A and B. Stairs were placed in Building A. All elevators are procured and warehoused awaiting installation. A model of the project is located in the Town Hall for viewing. Northwest Marana Town Center, Roads, Infrastructure and Off-Site Improvements This project will design and construct the offsite utilities, roads, landscape, and other infrastructure and establish the layout of the main Town Center corridors. Status: During July, Conceptual Drawings for the extension of Marana Main Street north of Grier Road were accepted by the Town and Construction Drawings begun. Excavation and installation of potable and non-potable water on Marana Main Street and Civic Center Drive was substantially completed in March of 2004. During June 2004, installation of joint utility trench was substantially complete and curbing and paving will continue through December, 2004. Substantial completion is targeted for the fourth quarter of 2004. Completion of CMID is targeted for December 2004. Completion of Greir Road improvements is targeted for April 2005. Grier Road replacement of CMID and storm drain begun in October DCR for Camino de Manana/Dove Mountain Extension This project will involve the development of a Design Concept Report for the possible realignment of Camino de Manana from its intersection with Linda Vista Boulevard to an alignment with Dove Mountain Boulevard at Tangerine Road. Estimated Construction Time: To be determined Moore Road Improvements This project will involve the development of a Preliminary Design Report and subsequent final construction documents. The project consists of improvements to the driving surface and drainage crossings from Camino de Oeste to Thornydale Road. Estimated Construction Time: To be determined Status: The Notice to Proceed was given to the design consultant on October 23, 2003. The Preliminary Design Report and Plans have been received. DCR/Desi.qn of Barnett Linear Park and Flood Control Project This project involves the development of a Design Concept Report for the Barnett Linear Park and Flood Control Project. The project consists of utilizing the existing Barnett Roadway alignment for a major outlet channel/linear park from 1-10 to the Santa Cruz River. Estimated Construction Time: To be determined Status: The Cultural investigation and the multi-purpose concepts are complete for the original scope. The second Draft Description of Proposed Action and Alternatives Report were submitted and distributed to Town staff for comments. The Draft Environmental assessment is anticipated to be submitted soon. The Transportation Report is complete and is currently being reviewed by Town Staff. The Benefit Area Map from flooding was received and distributed for comment. The final draft of landscape cross section sketches have been received and distributed for comment. Page 4 PUBLIC WORKS November 2004 Capital Improvement Projects In Construction The £ollowing are capital improvement projects in construction. Tan.qerine Road/Thornydale Road Intersection Improvements This project consists of roadway widening, intersection modifications and signalization, and drainage improve- ments. Status: Southern Arizona Paving has been awarded the construction contract. Construction began in April 2004. The design engineer, Tetra Tech, will perform construction administration and the construction is anticipated to continue through October 2004. Signal installation to be complete at the end of November Page 5 PUBLIC WORKS November 2004 Completed Projects New Westbound Cortaro Road Bridge Over the Santa Cruz River: Completed March 2002 Cortaro Road Improvements, Silverbell Road to 1-10: Completed February 2003 Wade Road: Completed February 2003 Continental Ranch Neighborhood Park: Completed February 2003 Coyote Trails Elementary School Park and Parking Lot Addition: Completed February 2003 Santa Cruz Corridor Trail: Completed April 2003 Costco Street Lighting: Completed May 2003 Sandra Road Bus Turnaround: Completed June 2003 Emigh Road Driveway at Marana High School: Completed June 2003 Cortaro Road Realignment: Completed July 2003 2003 Pavement Preservation: Completed July 2003 Coachline Boulevard Sidewalks: Completed October 2003 El Rio Park: Completed January 2004 Twin Peaks and Scenic Drive Intersection Improvements: Completed May 2004 Linda Vista Boulevard: Completed April 2004 Tangerine Road - Breakers to Thornydale Road Improvements: Completed September 2004 ICortaro Road Improvements I Coyote Trails Elementary Park Continental Ranch Neighborhood Park Page 6 PUBLIC WORKS November 2004 Traffic Division Report Cortaro Farms Road-Camino de Oeste Traffic Siflnal Operations Study The Cortaro Farms Road-Camino de Oeste intersection, which is signalized, falls within an area recently annexed by the Town. Therefore, at the behest of the Traffic Engineering Division, a traffic signal operations study was performed by Kimley-Horn and Associates. The purpose of the study was to determine how to best improve the safety and efficiency of the signal operations at this location. Our staff is working closely with the Operations and Maintenance Department's staff to implement the signing and timings changes recommended by Kimely-Horn. Cortaro Road Traffic Si,qnal Coordination Study In order to improve the traffic flow on Cortaro Road between Silverbell Road and 1-10, a study has been conducted to determine how the progression of traffic between those two points can be enhanced. Kimley-Horn and Associates, in conjunction with ADOT, have reviewed the need to modify the signal phasing and timings at the Cortaro Road/I-10 Frontage Roads Intersections. They will also be looking at the need to improve the coordination between the signals at Silverbell Road, Arizona Pavilions Drive, and at the 1-10 intersections. Now that the study has been completed, the installation of the new signal timings will be coordinated with ADOT. It is expected that the new signal timings will result in a smoother and safer traffic flow along this heavily traveled section of Cortaro Road. Traffic Si.qnal at Silverbell Road-Wade Road Intersection A traffic signal study conducted at the Silverbell Road-Wade Road intersection found that the installation of a traffic signal is warranted at that location. The signalization should make this a much safer intersection for motorists exiting Wade Road, pedestrians crossing Silverbell Road, as well as emergency vehicles entering the intersection from the Northwest Fire/Rescue District's station on Wade Road. At this time the final signal design plans have been approved by our staff and the project has been awarded. We are expecting completion of this project in early 2005. Grant Proposal for Accident Database The Traffic Engineering Division has prepared a grant proposal to the Governor's Office of Highway Safety to request funding for the development of a traffic accident computer database. The purpose of the accident database is to provide a tool with which our staff will be able to retrieve the accident information needed to effectively conduct traffic engineering studies. At this time our staff has to spend much time reviewing large numbers of individual accident reports in order to perform their studies. With the database, we will be able to quickly retrieve accident data according to date, time- of-day, location, type of accident, weather, severity of accident and other pertinent information that will greatly enhance our ability to analyze accident causes and recommend corrective measures. The sooner we can complete our studies, the sooner that traffic safety improvements can be implemented. Safe Routes to School Proqram The Traffic Engineering Division is in the process of finalizing its Safe Routes to School Pilot Program at Twin Peaks Elementary School. The Safe Routes to School Program's goal is to develop educational, engineering and enforcement tools with which to help provide safe trips for elementary and middle school students on their way to and from school. Via the pilot program at Twin Peaks a documented process was developed so that those immediately involved with the program (traffic engineering staff, police, school administration, teachers and parents) all understand the procedures and their respective roles in the process. Our staff will continue to work with the Safe Routes to School Committee for Twin Peaks to implement a safe routes plan and an educational campaign for the school. The Committee includes the school's principal, the school's Police Resource Officer, the Marana Unified School District's Director of Operations, and Scoot Leska of our staff. Traffic Si.qnal at TanRerine Road- Dove Mountain Boulevard Intersection The Town is working together with a Dove Mountain developer to have a traffic signal installed at the Tangerine Road-Dove Mountain Boulevard intersection. At this time, the developer's signal designer is working on the 95% plans. It is expected that the signal design will be completed within the next 60 days and that the traffic signal will be installed sometime during the Fiscal Year 2004-2005. Page 7 PUBLIC WORKS November 2004 Environmental Planning Division Tres Rios del Notre This project is a cooperative effort between the City of Tucson Water Department, Pima County Flood Control District and the Town of Marana in conjunction with the United States Army Corps of Engineers. This purpose of this study is to evaluate approximately an eighteen mile stretch of the Santa Cruz River from Prince Road to Sanders Road for projects such as habitat restoration, water supply, flood control and recreation. Status: The Town of Marana provided a letter to the Corps with concerns on the project and the Corps is cur- rently addressing these comments. The next meeting will focus on the development of a Recreation Plan and a Water Supply Plan. The Town of Marana will also be working with staff members from the different departments to develop the best overall plan for the Town of Marana. The preferred alternative is currently being revised to remove parcels that will not be eligible to be incorporated into this project. Arizona Pollution Discharqe Elimination System This project was initiated by a federal mandate in which Arizona Department of Environmental Quality (ADEQ) was given primacy. Six minimum control measures have been defined for compliance. The minimum control measures are as follows: 1. Public Education and Outreach 2. Public Involvement and Participation 3. Illicit Discharge Detection and Elimination 4. Construction Site Stormwater Runoff Control 5. Control of Post-construction Site Runoff 6. Pollution Prevention and Good Housekeeping Status: The Environmental Division MOA with ADEQ for the Small MS4 Assistance Program, whereby the Town will receive $24,531.35 as a 60~40 match is on the Council agenda for November 3rd, to get approval to enter into the IGA. The Town is continuing to work with PAG to develop a training seminar for stakeholders responsible for reviewing Storm Water Pollution Prevention Plans and for inspecting, maintaining and/or installing storm water BMPs (Best Management Practices) in construction areas, including projects such as residential, business, and roadwork construction projects. The Town of Marana, as a member of the Storm- water Management Working Group of PAG, recently received an Honorable Mention for Environmental Education from the Office of the Governor in the 2004 Governor's Pride in Arizona Awards. Proposed Miti.qation Land Development The Environmental Division is currently developing a log and map of the existing and proposed mitigation lands for the Town of Marana. The purpose of this project is to provide information and support for the Bajada Environmental Resource Overlay District (BEROD) and the Town's Habitat Conservation Plan (HCP) and future developments within the Town of Marana. This map will provide information on the maximum percent disturbance and the binding agreement that requires the mitigation. Santa Cruz Valley National Heritaqe Area The vision of a National Heritage Area designation for the Santa Cruz Valley in southern Arizona is gaining momentum due to a convergence of local efforts to conserve natural resources and open spaces; to preserve historic structures and archaeological sites; to educate the public about the history and cultures of this region; to increase national recognition of the region; to develop heritage tourism and bring other economic benefits to local communities; and to improve cultural ties across the U.S.-Mexico border. Status: The Town of Marana showed support of the application and designation of the Santa Cruz Valley Heritage Area by passing Resolution No. 2003-133 at the Town Council Meeting on October 21,2003. Preservation and development is ongoing. BLM Conflict Resolution Town of Marana is working with the Bureau of Land Management (BLM) and various stakeholders on addressing recreational shooting issues on the BLM, Forest Service and other Public lands. Status: At the October 25th meeting, planning continued for the second public workshop, tentatively planned for mid- to late January 2005. Plans for a Shooting website, containing safety education, shooting locations, and responsible shooting tips, continue to be developed. The locations sub-committee is still working on a mutually acceptable set of guidelines for choosing site locations. Under the safety and enforcement sub-committee, volunteer teams are being viewed to help issue citations and clean up problem areas. Arizona Game & Fish is beginning a volunteer program this year under which any person with a hunting license who puts in 48 volunteer hours will receive one conservation point. This may be a resource the group can utilize for safety and enforcement help. Page 8 PUBLIC WORKS November 2004 Environmental Planning Division (continued) Floodplain Updates Number of Permits Processed: 2 Number of Flood Hazard Information Sheets Completed: 46 The Town has not yet received the FEMA report on the study conducted by the National Flood Insurance Program (NFIP)in late August. Members of the Environmental Division attended Floodplain Encroachment Analysis training which was offered by the Pima county Flood Control District on September 29th. Scenic Drive Restoration The Town of Marana will be partnering with concerned citizens to restore portions of the Scenic Drive wildlife corridor. Status: The Environmental Division obtained GIS aerial and zoning maps and watched a video on the Safford Peak Watershed Task Force, the group we will be working with on the project, to begin the scoping phase of the project. Title 16 - Effluent Re-Use Planninq The Title 16 process began several years ago as a regional effluent re-use planning effort, which was initially coordinated by the Tucson Regional Water Council. Title 16 is a funding mechanism available through the Bureau of Reclamation that offers 50% Federal match for planning and 25% Federal match for construction of water infrastructure projects that meet the program criteria. Status: This project will take much of the agriculture on the south side of the river off groun;~twater, protect water quality in our aquifers, and provide a reliable, Iow-cost water supply for the agricultural economy. We will also have the backbone of a non-potable supply system on the south side of the Santa Cruz, which will be able to supply turf and exterior use if that area urbanizes in the future. We are currently working with the Bureau of Reclamation on providing water consumption estimates for parks and turf areas along the pipeline. Other Environmental News The Environmental Division submitted a Water Quality Improvement Grant application to ADEQ in time to meet the deadline. The review process is scheduled to begin in November. Award decisions will not be made until January 2005. This grant would be used to assist the Town in the funding water quality improvement projects near the Santa Cruz River/Yuma Mine Wash area. The Environmental Division and the Planning Department are working together on trying to organize the application for the Town to be designated as a Certified Local Government. This certification is through the State Historic Preservation Office. It requires a Cultural and Historical Preservation Board to be active in surveying and inventorying the cultural and historical resources in the Town, as well as in reviewing development issues that would affect the Town's cultural and historic features. The CLG process requires us to develop an Overlay of the general areas of the Town containing cultural and historical features that should be considered for preservation (per the SHPO guidelines) during the planning review process. The features chosen by the Town to be preserved will eventually include a historic district, and will establish a visual and tangible lesson on the rich history and culture of the area for future generations of residents and visitors to learn about and to appreciate. Certification under this program would offer the Town opportunities to receive grant funding for preservation projects in the Town. Page 8 PUBLIC WORKS November 2004 Public Work Art Project Committee Report The Public Art Project Committee did not meet in October. There is not yet a scheduled meeting for November. Committee Members: Curt Ench, Chair Brian Jones, Vice Chair Sally Jackson Kathy Price Margaret Joplin Nancy Lutz For: October 2004 MARANA TOWN OF MAP. ANA TEAM WORK-- Is all staff working together in' outstanding ways, with extraordinary cooperative effort to accomplish ordinary tasks TO: FROM: SUBJECT: DATE: Mayor Bobby Sutton, Jr. Town Council Mike Reuwsaat, Town Manager Water Department Staff October 2004 Department Report Update November 2004 CUSTOMER INFORMATION 2764 64 76 96 37,844,807 56.27 62.26 Number of Customers Billed Number of Disconnects Number of New Connects Number of New Services with Meter Installation Total Gallons sold Acre feet pumped (non-trust wells) Picture Rocks, Happy Acres, Palo Verde, Airport, Sky Diving Center, Continental Reserve and Hartman Vistas Acre-feet wholesale water purchased (trust wells) Marana, La Puerta, Oshrin, Falstaff, Honea, and Cortaro Ranch (325,851 gallons = acre foot) DAILY OPERATIONS 1. 308 Blue Stakes completed. 2. 182 Work Orders completed. 3. Potholed for Water mains and Valves in the Palo Verde system. 4. Inspections for Marana Airport, Gladden Phase 1, Continental Reserve Faze 2, San Lucas Well. 5. Potholed fill line from Sandario well for new phone line installation. 6. Potholed our Water main near the CMID canal at Grier and Sandario. 7. Installed new service line in Picture Rocks. 8. Radio read meter repairs. 9. Fixed main break behind Amole Circle. 10. Exposed and exercised valves along Sandario, Barnett, Moore Rd, and Mcduff 11. Completed Electrical for the small pump at Heritage Park. 12.Temporarily abandoned a small portion of 4" PVC at Mcduff and Grier due to CMID canal replacement. 13.Assisted VAM in the shop with new oil system. 14. Collected GPS data for our water system update with assistance from the GIS department. 15. Repaired leak on White Avenue. WATER SERVICE AGREEMENTS BEING NEGOTIATED 1. Northwest Fire Station #36. 2. Cascade Development-Addendum to Hartman Vistas 3. Oasis Development-Addendum to Hartman Vistas 4. Pomegranate Development West of Luckett Rd. North of Hardin. 5. Monterey Homes Marana 154 Sandario &o Moore Rd. (Southwest Corner) 6. Santoria Estates (on West side of Old Silverbell North of Linda intersection). Vista OTHER 1. Draft Effluent Agreement with Tucson Water is negotiated. On Hold 2. Pilot water treatment of Picture Rocks system is installed and operating. Progressing well. 3. Non-potable system for North Marana design stages is complete. A non-potable Master Plan is underway. Discussions with Arizona Department of Water Resources. 4. Non-potable system and storage are in the discussion, and draft, design stage, for the east side of 1-10, from Tangerine Rd. to the Pinal County line. 5. Sunset Ranch Estates rate comparison in Progress. 6. Regional water supply organization being discussed. 7. B.C.I.F. Group LLC. San Lucas well is started to be drilled. 8. Water Issues Being Elevated with Tucson Water. 9. Effluent and Marana Wastewater Treatment Plant in discussions with Pima County. TOWN COUNCIL ,~ MEETING TOWN OF MARANA INFORMATION ~J MEETING DATE: November 16, 2004 AGENDA ITEM: IX. A. 1 TO: FROM: SUBJECT: MAYOR AND COUNCIL C. Brad DeSpain, Utilities Director Resolution No. 2004-150: Relating to Water Service; approving and authorizing the execution of the Intergovernmental Agreement between the Town of Marana and Pima County for billing of sewer user accounts and provision of water consumption data. DISCUSSION The Town of Marana (Marana) and Pima County (County) wish to accommodate their shared customers by billing sewer user fees based on the Town's customer water use data. The Town shall bill and collect sewer user fees authorized by the County's sewer user fee ordinance. The Town will bill the customers receiving water from the Town water utility and discharging wastewater into the County sewerage system. The County will pay the Town a monthly administrative billing fee of $.59 per account billed. RECOMMENDATION The Water Utility Advisory Committee and Staff recommend approval of Resolution No. 2004-150. SUGGESTED MOTION I move to adopt Resolution No. 2004-150. BL U PCWW 11/09/20046.'55 PMAPM MARANA RESOLUTION NO. 2004-150 RELATING TO WATER SERVICE; APPROVING AND AUTHORIZING THE EXECUTION OF THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF MARANA AND PIMA COUNTY FOR BILLING OF SEWER USER ACCOUNTS AND PROVISION OF WATER CONSUMPTION DATA. WHEREAS, Pima County ("County") is empowered by A.R.S. 11-264 to operate and maintain a public sanitary sewerage system and is the designated public sewer system provider for the residents of Pima County; and WHEREAS, the Town of Marana ("Town") is a public water provider for residents of a portion of Pima County; and WHEREAS, the Town and the County wish to accommodate the shared customers of both entities by billing sewer user fees based on the Town's customer water use data; and WHEREAS, it is necessary for the County to acquire water use data from the Town in order to calculate the statutorily authorized billing of sewer user fees to county residents; and WHEREAS, the County wishes to enter into an intergovernmental agreement with the Town to receive and utilize the Town's customer water use data for the purpose of calculating, billing and collecting sewer user fees from the Town's customers; and WHEREAS, the Town is willing to provide its customer water use data to the County and wishes to enter into an intergovernmental agreement with the County for this purpose; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The intergovernmental agreement between the Town of Marana and Pima County for the purpose of exchanging water use and sewer user data is hereby authorized and approved. SECTION 2. The Mayor is hereby authorized and directed to execute, and the Town Clerk in hereby authorized and directed to attest to, said Exhibit A for and on behalf of the Town of Marana. SECTION 3. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this resolution. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 16th day of November 2004. Mayor Bobby Sutton, Jr. ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney RSO 041116 PCWW RSO 2004-150 2 APM 11/09/2004 INTERGOVERNMENTAL AGREEMENT for Billing 6f Sewer User Accounts and Provision of Water Consumption Data This Intergovernmental Agreement (Agreement) entered into pursuant to ARS § 11, Chapter 7, Article 3, by and between the Town of Marana Water Department (Town); and Pima County, Arizona, a body politic and corporate, a political subdivision of the State of Arizona (County). RECITALS A. The County is empowered by A.R.S. § 11-264 to operate and maintain a public sanitary sewerage system and is the designated public sewer system provider for the residents of the Town. B. The Town is a public water provider and provides water to its residents. C. The Town and County wish to accommodate their shared customers by billing sewer user fees based on the Town's customer water use data. D. The Town is the sole source of water use data for its customers. E. The Town and the County intend to reduce the number of delinquent sewer accounts. NOW THEREFORE, in furtherance of these matters, the Town and the County agree: ARTICLE I The Town shall bill and collect sewer user fees authorized by the County's sewer user fee ordinance. As part of the billing and collection system for the water utility, it is understood that the Town will be billing and collecting the following type of accounts: A. Water and Sewer Accounts - customer is receiving water from the Town water utility and discharging wastewater into the County sewerage system. ARTICLE If TOWN'S RESPONSIBILITIES The Town shall provide the following sewer billing and collection services for the County: A. Provide water consumption data for each water and sewer account and provide monthly billings and collection of these accounts; B. Update all water and sewer' accounts (turn-on and tm-off) to maintain an accurate, active customer file; C. Bill and disconnect delinquent sewer accounts in same manner the Town uses to bill and disconnect delinquent water accounts, and transmit delinquent account information to the County for collecting those delinquent sewer accounts that cannot be collected through the water billing system; D. Process sewer user fee adjustments transmitted by the County and adjust sewer user fees in accordance with adjustment policies authorized by the County; E. Maintain an accurate, computerized sewer billing and accounts receivable; F. Provide the County with read-only access to the computerized customer billing system maintained by the Town; G. Provide the County with winter (December, January, and February) water use data for those sewer users on the Town water system; H. Provide the County with all necessary and agreed upon computer-oriented reports required to effectively manage the revenues and customer accounts of the sewer utility; I. Provide the County with the ability to insert sewer utility-related information into the monthly customer billings; J. Upon receipt of sewer user fee payments, the Town shall deposit the funds with the County Treasurer as per the agreed upon schedule; K. At the County's option, the Town shall provide a register showing active account status of each account on a monthly basis and will provide a final delinquent account register of all accounts considered as the inactive final billing register; L. The Town shall provide a Project Manager for this agreement who shall serve as liaison with the County on all issues relating to this Agreement; M. The Town shall provide the County with th_e opportunity to provide input to any billing system changes prior to implementation; N. The Town shall cooperate with the County to develop procedures and reporting modifications to satisfy deficiencies identified in yearly audits; and O. To the extent possible, the Town shall provide additional computer services in the form of special computer programs or printouts to the County at no cost. ARTICLE III COUNTY' S RESPONSIBILITIES A. For performing all of the services described in Article II above, the County agrees to pay and the Town agrees to offset against amounts owed the County, a monthly administrative billing fee of $.59 per account per month, not to exceed $75,000 for the three (3) year term of this Agreement. Such fees will reimburse the Town for the cost of billing and collection services. B. The County also agrees to: 1. Adjust Town sewer-user fee accounts as required; 2. Answer sewer complaints from Town customers; 3. Accept responsibility to collect all delinquent sewer accounts served by the Town after they have been written off to bad debt expense by the Town; and 4. Inspect and identify any computer errors and notify the Town of any necessary changes. C. The County and Town will review and adjust the monthly administrative billing fee on an annual basis, provided the fees are appropriate. D. The County and Town agree to provide security measures for all hardware and software to assure confidentiality of all data. Each entity is to provide security for its own facility and information. ARTICLE IV ACCESS TO RECORDS A. The Town shall maintain books, records, documents, and other evidence directly pertinent to its performance under this Agreement in accordance with generally accepted accounting principles and practices consistently applied. The Town shall also maintain the financial information and data used by the Town in time preparation or support of the cost submission and a copy of the cost summary submitted to the County. The County shall have access to such books, records, documents, and other evidence for inspection, audit and copying. The Town shall provide proper facilities for such access and inspections. B. Audits conducted under this article shall be performed in accordance with generally accepted auditing standards and established procedures and guidelines of the reviewing or auditing Agency(ies). C. The Town agrees to the disclosure of all information and reports resulting from access to records, as described in Article IV(A), to the County-designed auditor, provided that the Town is afforded the opportunity for an audit exit conference and an opportunity to comment and submit any supporting documentation on the pertinent portions of the draft audit report and that the final audit report will include written comments of reasonable length, if any, of the Town. D. At the County's request and with the concurrence of the Town, the Town may provide billing and collection services for sewer accounts receiving water from private water companies. If the Town agrees to provide billing and collection services for these accounts, the County shall pay fees as described in Article III(A), above. ARTICLE V A. Non-discrimination. Town shall not discriminate against any employee, client or any other individual in any way involved with the County and Town, because of race, age, creed, color, religion, sex, handicap or national origin in the course of carrying Town's duties pursuant to this Agreement. Town agrees to comply with the provisions of the Arizona Executive Order 75-5, as amended by Executive Order 99- 4. B. Americans with Disabilities Act. Town shall comply with all applicable provisions of the Americans with Disabilities Act (Public Law 101-336,42 U.S.C. 12101-12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36. C. Effective Date. This Agreement shall be effective upon filing the original hereof with the Office of the Pima County Recorder and shall expire on January 30, 2008 unless earlier terminated by either party in accord with the terms of this Agreement. D. Termination/Cancellation. 1. This Agreement may be terminated by either the County or the Town with written one hundred-twenty (120) day notice. This Contract is subject to cancellation for conflict of interest pursuant to ARS § 38-511, the pertinent provisions of which are incorporated into this Contract by reference. 2. Notwithstanding any other provision in this Agreement, this Agreement may be terminated if for any reason the Pima County Board of Supervisors does not appropriate sufficient monies for the purpose of maintaining this Agreement. In the event of such cancellation, Pima County shall have no further obligation to Town other than for payment for services rendered prior to cancellation. E. Indemnification. To the fullest extent permitted by law, each party agrees to defend, indemnify, and hold harmless the other party and the other party's officers, agents, and employees from all claims, losses, and causes of actions arising out of, resulting from, or in any manner connected with this Agreement, but only to the extent such claim, loss, cause of action, damage or injury is caused or contributed to by the negligent acts or omissions of the indemnifying party. F. It is not intended by this Agreement to, and nothing contained in this Agreement shall be construed to create any parmership, joint venture, or employment relationship between the parties,or create any employer-employee relationship between the parties. No party hereto shall be liable for any debts, accounts, obligations, or other liabilities whatsoever of the other. G. Worker's Compensation. Each party shall comply with the notice ofA.R.S. § 23- 1022(E). For purposes ofA.R.S. § 23-1022, each party shall be considered the primary employer of all personnel currently or hereafter employed by that party, irrespective of the operations of protocol in place, and said party shall have the sole responsibility for the payment of Worker's Compensation benefits or other fringe benefits of said employees. H. Rights and Duties of Parties. This Agreement is intended to govern the rights and duties of the contracting parties only and is not intended to confer on any third party any rights or benefits which would not exist in the absence of this Agreement. I. Entire Agreement. This document cons~tutes the entire Agreement between the parties pertaining to the subject matter hereof, and all prior or contemporaneous agreements and understandings, oral or written, are hereby superseded and merged herein. This Agreement shall not be modified, amended, altered or extended except through a written amendment signed by the parties and recorded with the Pima County Recorder. COUNTY OF PIMA TOWN OF MARANA By: By: Chairman, Pima County Board of Supervisors Date: Date: Mayor, Town of Marana Water Dept. ATTEST: ATTEST: Clerk, Board of Supervisors Town Clerk APPROVED: Kathleen M. Chavez, P.E., Director~ Pursuant to A.R.S. § 11-952, the undersigned public agency attorneys have determined that this Intergovernmental Agreement is in proper form and is within the powers and authority granted under the laws of the State of Arizona. Town Attorney TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: November 16, 2004 AGENDA ITEM: IX. A. 2 TO: MAYOR AND COUNCIL FROM: Barbara C. Berlin, Planning Director SUBJECT: Resolution No.2004-154: Relating to Subdivisions; approving a Final Plat for Rancho Marana 154. This item was continued from the November 3, 2004 meeting. DISCUSSION APPLICANT The owner of the property is Monterey Homes, 4742 North Oracle Road, Suite 111, Tucson, Arizona. The owner is represented by The WLB Group, 4444 East Broadway, Tucson, Arizona. LOCATION: The property is located north of Moore road and west of Sandario Road in Section 28, Township 11 South, and Range 11 East. PROJECT DESCRIPTION This is a request for approval of a Final Plat for Lots 1 through 164, Blocks 1 through 7, and Common Areas "A" through "G" on 154.17 acres. The project is a block plat and includes a subdivision on one block. The subdivision is 167 lots on Block One. The lot sizes range from 6,000 square feet (Lot 36) to 12,590 square feet (Lot 54) with an average of 7,329 square feet. The minimum lot size permitted by the Rancho Marana Specific Plan is 3,500 square feet. The balance of the project is block-platted into six blocks, three of which are commercial comers. Blocks 1, 2, and 4 are zoned MDR (Medium Density Residential), and Block 3 is zoned MHDR (Medium High Density Residential). This land use allows residential densities of up to 4 RAC. Commercial uses are on small sites and would be limited in scope. The property lies within a projected "Residential Village" per the Northwest Marana Area Plan. The developer shall be responsible for developing an overall village identity that defines project architecture and design; unified landscape themes; streetscapes; entry features; and any other requirements of the designation. The Marana Northwest Regional Airport is located south of the project site. The project site does fall into the limits of the Airport Influence Area. An Avigation Easement will be required. 110304 PRV-03081 Rancho Marana 154 Final Plat ATTACHMENTS Staff report and site map. RECOMMENDATION Staff recommends approval of a Final Plat for Rancho Marana 154. Staff has reviewed the application for compliance with the approved Preliminary Plat adopted by Resolution No. 2004-95, Rancho Marana Specific Plan, adopted by Ordinance No. 90-04 on February 6, 1990, the Marana Land Development Code, and the Marana General Plan. This Final Plat is in substantial conformance with all required development regulations and conditions of zoning and with the Preliminary Plat. SUGGESTED MOTION I move to approve Resolution No. 2004-154. 110304 PRV-03081 Rancho Marana 154 Final Plat -2- MARANA RESOLUTION NO. 2004-154 RELATING TO SUBDIVISIONS; APPROVING THE FINAL PLAT FOR RANCHO MARANA 154. WHEREAS, WLB Group, Inc., represents the Owner of approximately 154.17 acres of land located west of Sandario Road between Moore Road and Barnett Road, in Section 28, Township 11 South, and Range 11 East and has applied to the Town of Marana for approval of a Final Plat for Blocks 2 through 7, 167 lots on Block 1, and Common Areas "A" through "G"; and WHEREAS, the Marana Town Council has considered the application at their regular meeting of November 3, 2004 and has determined that the Final Plat should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Final Plat for Rancho Marana 154 submitted by WLB Group, Inc. for Blocks 2 through 7, 167lots on Block 1, and Common Areas "A" through "G", located west of Sandario Road between Moore Road and Barnett Road, in Section 28, Township 11 South, and Range 11 East is hereby approved. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 16th day of November, 2004. Mayor Bobby Sutton, Jr. ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney m^r^n^ TOWN OF MARANA Planning and Zoning Department 3696 W. Orange Grove Road * Tucson, AZ 85741 (520) 297-2920 Fax: (520) 297-3930 PLANNING & ZONING APPLICATION 1. TYPE OF APPLICATION (CheckOne) 1 Preliminary Plat Final Plat Development Plan Landscape Plan Native Plant Permit General Plan Amendment Specific Plan Amendment Rezone Significant Land Use Change 121 Variance ~ Conditional Use Permit ~ Other Assessor,s Parcel Number(s) Gross Area (Acre/Sq. Ft.) .GENERAL DATA REQUIRED General Plan Designation O ~ O (To be confirmed by staff) Current Zoning ~;z~2Je. J I'~q./q! .~O_ (To be confirmed by staff) Proposed Zoning Development/ Project Name Project Location Description of Project Property Owner Street Address Contact Person Applicant Street Address Contact Person City Zip Code ~ Phone Number Fax Number Phone Number Zip Code Agent/Representative Street Address 1,4-' Contact Person State E-Mail Address Phone Number City Fax Number Phone Number State Zip Code ~Pho~ 3. AUTHO~nON OF ProPERTy O~ER E-Mail Address City State Fax Number E-Mail Address Marana Business L~cense No. I, the undersigned, certify that all of the facts set forth in this application are true to the best of my knowledge and that I am either the owner of the property or that I have been authorized in xx~ting by the owner to file this application. (If not owner of record, attach written[_~ ~v-CJl-~'~'~g~auth°rizati°n from the owner.) ~ ~,-~ ~ ~//[ ~}D/a~t? Print Name of Applic'ant/~ent_..t~ Signature FOR OFFICE USE ONLY CaseNo..P~V-O3O?iF Date Received -'7/tq [OCl ReceiptNo. X-/~/~5'~ CP~W?4o. rr,¢oqoT-oos' ReceivedBy /~r-ldl~_~ C~].4/-3~ FeeAmount oo/~o2  IRancho Marana 154 i MA RANA Request for approval of a Final Plat for a 167-1ot subdivision and six blocks on 154.14 acres. TOWN 0~' MARANA APPROVALS Croup ~1~1~ ~ ¢*~.~" ~,~  PROJECT LAYOUT P/MA COUNTY APPROVALS Iq. AT .WAS ~ kl(O0~ MY OIREC'fi~ BOOK PAGE __ FINAL PLAT J~4NCHO s~P1Tueeq, 2oo4 SHEET 1 OF 9 BOOK PAGE __ SEE SHEET 8 BLOCK 3 BOOK PAGE __ CLARK FARMS BOULEVARD S~'nE~mO~ 2004 SHEET 2 OF 9 BOOK__ PAGE __ PRV-O$OSff FINAL PLAT RANCHO MARANA 154 BOOK PAGE__ SEE SHEET 8 SEE SHEET 5 140 it ' ii ~ 144 II II II I I I m ', / pBl'-o~o~ t y' FINAL PLAT BOOK PAGE BLOCK SEE SHEET 2 49 \ SEE SHEET 6 BOOK PAGE __ 88 FINAL PI. AT RANCHO MARANA I54 BOOK PAGE __ --1 69 43, SEE SHEET 1.24 SEE SHEET 7 I BOOK PAGE FARM FIELD FIVE BOOK 57, MAP, PG. 02 I PRY-O$OSff FINAL PLAT RANCHO MARANA 154 ~;~u~, 2oo4 SHEET 5 OF 9 BOOK PAGE ~_OCK 2 SEE SHEET 3 47 45 BOOK PAGE __ FINAL PLAT RANCHO MARANA 154 ~P'l~e~% ~,eo4 SHEET 6 OF 9 BOOK PAGE __ 5P SEE SHEET 5 EXCLUDED FARM FIELD FIVE MAPS- & PLATS BOOK 57, PG. 02 BOOK PAGE FINAL PLAT RANCHO MAP..ANA 154 BOOK__ PAGE __ UNSUBDIVIDED BLOCK 4 BLOCK $ BLOCK \ SEE SHEET 9 BLOCK 5 BOOK BLOCK 3 A-I SEE SHEETS 2-7 PAGE __ UNSUBDIVIDED BOOK PAGE __ UNSUBDIVIDED BLOCK BLOCK ? BLOCK 2 SEE SHEET 8 UNSUI~DIVIDED- MOOP~, ROAD (~(.2. GLADDEN FARMS BOOK BK.55. PG.60 PAGE ~o.o~ ~,~ ~1 PRV-O$Oafj' FINAL PLAT RANCHO MARANA 154 SHEET 9 OF 9 L BOOK~PAGE~ TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: November 16, 2004 AGENDA ITEM: IX. A. 3 TO: FROM: SUBJECT: MAYOR AND COUNCIL Keith E. Brann, P.E. Subdivision Engineer Resolution No. 2004-156: Relating to Subdivisions; approving a Release of Assurance, Irrevocable Letter of Credit No. S21970Z by Compass Bank, for Lots 1 thru 48 and Common Area A (private streets), Canyon Pass at Dove Mountain. DISCUSSION Approval of Resolution 2004-156 will release the Assurance, Irrevocable Letter of Credit No. S21970Z by Compass Bank, regarding Canyon Pass at Dove Mountain as depicted on Exhibit A. The subdivision is recorded in Book 51 of Maps and Plats, Page 86, Pima C, mty Recorder's Office, Arizona. The subdivision is 85.73 acres in size. The streets of Canyon Pass are private and not the responsibility of the Town of Marana for maintenance. The named streets are as follows: · Dove CanyonPass · Lone Dove Drive · Dove Canyon Place · Little Dove Place ATTCHMENTS Subdivision maps. RECOMMENDATION Staff recommends approval to release the Letter of Credit No. S29170Z by Compass Bank for Lots 1 thru 48 and Common Area A (private streets), Canyon Pass at Dove Mountain. SUGGESTED MOTION I move to adopt Resolution No. 2004-156. Release of Assurances-Canyon Pass/KEB 11/10/2004/9:12 AM MARANA RESOLUTION NO. 2004-156 RELATING TO SUBDIVISIONS; APPROVING A RELEASE OF ASSURANCE, IRREVOCABLE LETTER OF CREDIT NO. S21970Z BY COMPASS BANK, FOR LOTS 1 THROUGH 48 AND COMMON AREA A (PRIVATE STREETS), CANYON PASS AT DOVE MOUNTAIN. WHEREAS, Canyon Pass is a 85.73 acre subdivision located north of Dove Mountain Boulevard containing Lots 1-48, Common Area A, and is recorded at the Pima County Recorder's Office in Book 51 of Maps and Plats, Page 86; and WHEREAS, the Town has previously accepted an irrevocable letter of credit from Cottonwood Properties, Inc. drawn under Compass Bank letter of credit no. S21970Z, assuring the completion of improvements; and WHEREAS, Cottonwood Properties, Inc., has completed the improvements acceptable to Town standards in accordance with the Assurance Agreement for Canyon Pass at Dove Mountain; and NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana as follows: Section 1. The irrevocable letter of credit drawn under Compass Bank letter of credit no. S21970Z insuring the completion of improvements at Canyon Pass at Dove Mountain, lots 1 through 48 and Common Area A is hereby released. Section 2. The streets of Canyon Pass are to be maintained by the Homeowner's Association of Canyon Pass at Dove Mountain, including maintenance of regulatory traffic control and street signs, 1.62 miles of paved streets for the following appurtenances, as depicted on Exhibit A: ao Dove Canyon Pass Lone Dove Drive Dove Canyon Place Little Dove Place Page 1 of 2 Marana, Arizona Resolution No. 2004-xxx PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 16th day of November, 2004. ATTEST: Mayor BOBBY SUTTON, JR. Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: Frank Cassidy Town Attorney Page 2 of 2 Marana, Arizona Resolution No. 2004-xxx DE_ DICATION BENEFICIARIES OF TRUST (520) 299-042<' (520) 299-~424 ASSURANCES WATER ADEQUACY APPROYAL~ ~ ~.~ i-s-~ RECORDING GENERAL NOTES MLDR (LO~[3 1-5) LDR (LOTS 4-54) [ (LOTS ~AX. B~. HEI~T ~', 2 ST~IES 55% 2 ST~ES ~', 2 ST~ES m~T 20' 20' ~' HER[TA ' HIGH NORTH - i ,~. 26 25 DOVE MOUNTAIN BOULEVARD TANGERINE ROAD I / I ~ [ (R) i TOWN OF MARANA J MAP-350, 429 IJ Adm. Address: CERTIFICATION OF SURVEY I 13800 N. Dove Can~/on Pass_i LEGENO A 2' BRASS O~SC SURVEY MONUMENT IN CONCR['PE, PI~AL PLAT CANYON PASS AT DOVE MOUNTAIN LOTS I - 48 ~ C(:~ AEEA 'A' ~=EIVATE S'fl;L~E~-TS) OPW & ASSOCIATES. INC. BOOK ~1 PAGE EXHIBIT A 14000-N 13800-N LLNE ~rARmC ~ EAST 542.74' 15 14 11 / SEE SHEET.3 / 22 LN73'41'25"E 73.11' CURVE DELTA RAD~S LENG~ T~NGEN T 1 01'10'36' 510.00'1047" 5.24' 3 79'20'5~' 2$,(XT 34,62'20.74' 12 06-26'14~ 518.81'55,82' 17.95' 14 23'23+07" 204,00'85,26' 42.22' 24 08'42'56' 581,39'~,01' 29,06' 25 77'20'58' 25. D0'35.75' 20.01' 27 73'43"40' 40.C~' 51.47' 29.99' 28 40'17'00' 42,00' 2g.53' 15.41' BOOK 14000-N ~ ;T NORTH SCAL~: 1° =1oo* CANTON PASS AT DOVF: MOUNTAIN LOTS I - 4~ ANO ~ ~ 'A' (P~VATE OPW & ASSOCIATES, INC. PAGE ~' ~ 14100-N 14000-N ~EE SHE 2 14300-N LINE T~ ~ BEAR~G 1 N 28'2B'55' E 50.00' 4 N 54'04129" E 10.58' 9 N 85'28'41' W 53.20' o o 14800-N FOUND S' BRASS CAPPED PIPE ~O SEC. CORNER NW CDR, SEc. 19 g - ~58. e5'pASS // 22 24 R~ 59'13'20" - 450.00' = 465.13' = 510.00' L = 380.89' SEE SHEET 4 L =~ 18305' 52 Q 51 29 NORTH 4?,nn_re~:,. .... . CANYON PLACE t4!~O-N FOUND 3' BRASS CAPPED P]~P~' GLO 1/4 CO~NI~R £. 1/4 COR SEC. 24 14-200-N CANYON PASS AT DOVE MOUNTAIN LOTS I - 4~ ANO C~ AEP_A "A" O=I;aVATE STI~) OPW & ASSOCIATES, INC. BOOK '~1 PAGE. 14600-N NORTH 14500-N W0 - 50.00' L = 4-0.86' L = 209.44' j L = s4-.o5' 59 U'n'LE DOVE 42 I EAST 307.76' 48 73,750 SQ FT 47 146004.-N "'"'"'" ...... ' 14500-N 37 36 35 34 32 SEE SHEET 14400-N 0 61_ T~ O1~ MA~..I~A C,~ NO. Pl~3~ C'Lqq~[N~TA PAD[US L£NClH 4 5791'33' ~.~' 49.91' 27.26' CANTON PASS AT DOVE MOUNTAIN LOTS I - 4,8 AND ~ AlCoA 'A' 0=I;aVATE 63"Ik1~-TS) OPW & ASSOCIATES, INC. BOOK ~! PAGE SEE SHEET 5 FOR LOCATION NORTH ® @ 6 ~ 5 SEE SHEET 2 FOR LOCATION ~ 22 100 YEAR FLOOD PRONE AREA AND EROSION HAZARD SETBACK LINES LINE TABLES FOR THIS PAGE ONLY FOR 100 YR. FLOOD PRONE ENES 23 FOR LOCATION 3O 29 ~ 28 27 PLACE 25 26 SEE SHEET 3 FOR LOCATION 48 SEE SHEET 4 FOR LOCATION 47 / 45 9 ~ 44 × 43 42 SHEET 4 FOR LOCATION CANYON PASS AT DOVF= MOUNTAIN LOTS I - 4~ AND ~ ~ 'A' OmPIVATE STI~I~TS) OPW & ASSOCIATES, INC. ENGINEER[NC SURVI~YZNG PLANNING BOOK '51 PAGE TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: November 16, 2004 AGENDA ITEM: IX. A. 4 TO: FROM: SUBJECT: MAYOR AND COUNCIL Keith E. Brann, P.E. Subdivision Engineer Resolution No. 2004-157: Relating to Subdivisions; approving a Release of Assurance Agreement for Golf Villas at Solana, Trust No. 784, for Lots 1 thru 20, Common Areas A & B, and Tract A. DISCUSSION Approval of Resolution No. 2004-157 will release the Assurance Agreement between Dove Gallery, L.L.C. under Trust No. 784 and Title Security Agency of Arizona and the Town of Marana, regarding The Golf Villas at Solana as depicted as depicted on Exhibit A. The subdivision is recorded in Book 56 of Maps and Plats, Page 92, Pima County Recorder's Office, Arizona. The subdivision is 7.15 acres in size. The streets of Golf Villas at Solana are private and not the responsibility of the Town of Marana for maintenance. The named streets are as follows: · Silent Wash Place ATTACHMENTS Subdivision maps. RECOMMENDATION Staff recommends approval to release the Assurance Agreement between Dove Gallery, L.L.C. under Trust No. 784 and Title Security Agency of Arizona and the Town of Marana for Lots 1 thru 20, Common Areas A (private streets) and B, and Tract A of the Golf Villas at Solana. SUGGESTED MOTION I move to adopt Resolution No. 2004-157. Release of Assurances-Golf Villas at Solana/KEB 11/10/2004/9: I 0 AM MARANA RESOLUTION NO. 2004-157 RELATING TO SUBDIVISIONS; APPROVING A RELEASE OF ASSURANCE AGREEMENT FOR GOLF VILLAS AT SOLANA, TRUST NO. 784, FOR LOTS 1 THROUGH 20, COMMON AREAS A & B, AND TRACT A. WHEREAS, Golf Villas at Solana is a 7.15 acre subdivision located north of Dove Mountain Boulevard containing Lots 1-20, Common Areas A & B, and Tract A, and is recorded at the Pima County Recorder's Office in Book 56 of Maps and Plats, Page 92; and WHEREAS, the Town has previously entered into an Assurance Agreement with Dove Gallery L.L.C.,(beneficiary) under Trust No. 784 and Title Security Agency of Arizona, (trustee), recorded at the Pima County Recorder's Office at Docket 11992, Page 3180, assuring the completion of improvements; and WHEREAS, Dove Gallery, L.L.C., has completed the improvements acceptable to Town standards in accordance with the Assurance Agreement for Golf Villas at Solana; and NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana as follows: Section 1. The Golf Villas at Solana, lots 1 through 20, common areas A and B, and tract A are hereby released from the Assurance Agreement with Dove Gallery, L.L.C. under Trust No. 784, and Title Security Agency of Arizona. Section 2. The streets of Golf Villas at Solana are to be maintained by the Homeowner's Association of Golf Villas at Solana at Dove Mountain, including maintenance of regulatory traffic control and street signs, 0.140 miles of paved streets for the following appurtenances, as depicted on Exhibit A: a. Silent Wash Place Page 1 of 2 Marana, Arizona Resolution No. 2004-xxx PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 16th day of November, 2004. ATTEST: Mayor BOBBY SUTTON, JR. Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: Frank Cassidy Town Attorney Page 2 of 2 Marana, Arizona Resolution No. 2004-xxx GENERAL NOTES CERTIFICATION: GREG CARLSON ENGINEERING, L.L.C.I DEDICATION: BENEFICIARY: ACKNOWLEDGEMENT: ) ss TOWN ~ARANA APPROVALS: PI~A OOUN~ APPROVAL: WATER ADEQUACY: ASSU~NOES: ACKNOWLEDGEMENT: TOWN OF MARANA PRO J#: PRV02--076 ZONE: SEE NOTE 10 Adm. Address: 14142 N. GALLERY CANYON DRIVE ~THIS PROJECT LOCATION PLAN S~CTION 23, T 11 S, R 12 E ~LA & SALT RC'~ER MERIDIAN, PtMA CO., ARIZONA SCALE: 3"= 1 MiLE LEGEND: ....... SUR~EY L~ AS NOT[D ........ EASEWENT LIN~ AS (u) WEASO~[O ............. ~' NO ASC~SS £A~ENT (1' NAI) PRV-02076fp A FINAL PL~T FOR THE GOLF VILLAS at SOLANA LOTS 1 - 20 AND CO)A~0N AREAS "A" ~ "B" AND TRACT "A" BEING A RE-SUBDIVISION OF LOTS 1 - 7 OF THE GALLERY - PARCEL 3, BK 55, PG A PORTION OF SECTION 23, TllS, R12E, TOWN OF MARANA, PIYA COUNTY, ARIZONA SHEET 1 OF 2 ROOK EXHIBIT A (O.rLT) PLS 22245 THE GALLERY BK 50, PO 27 NOT NARKED PLS 22245 RADIA 14100-N.I FO 9,933sf Na6'35'OO~W (C) 24.73' Fo60d 9,626sf 8,715sf 8,800st 8,802sf 10.039sf ®' DETAIL 'A' 20 2 ll,4OOsf 3 g,535sf WA~ PLACE (PRIVATE) CA"A" N88'42'47'W 4 5 8,9255f 8.862sf 80.00' 80.00' 80.00' THE GALLERY HOLE 18 OKT 10955, PG 881 9 1 4200- N. LOT ~.~ DETAIL SVT PUBUC/~RlYATE LOTS 7 & 8 8 9,7995f COMMON AREA "B" TOTAL CA"B"= ~0,470.9s f 621.35' Nsg'43'~6'W (M) THE GALLERY HOLE l0 DKT 1095,~, PC 881 R-372.50' SVT LOT S02'47'28'E MONUMENT AND P~.JPRIVATE SILENT WASH PLACE (PRIVA]~) UTiUTY EASEMENT 38,5T, N42'O0'00"E S02'47'28'E LOT A FINAL PLAT FOR THE GOLF VILLAS at SOLANA LOTS I - 20 AND COMMON AREAS "A" & "B" AND TRACT "A" BEING A RE-SUBDIVISION OF LOTS I - 7 OF THE GALLERY - PARCEL 3, BK 55, PG :)7 APORTION OF SECTION 23, TIIS, R1ZE, G&:SRIt, TOWN OF MARANA. PIMA COUNTY, ARIZONA SHEET 2 OF 2 PRV-02076fp 19833 DETAIL "8" SIGHT VISIBILITY TRJAROLE$ 1' NO ACCESS EA~ENTS MONUMENT & PU6LIC4PRIVATE LPrlLITY EA~MENTS TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: November 16, 2004 AGENDA ITEM: IX. A. 5 TO: FROM: SUBJECT: MAYOR AND COUNCIL Keith E. Brann, P.E. Subdivision Engineer Resolution No. 2004-158: Relating to Subdivisions; approving a Release of Assurance Agreement for Sombra Del Tecolote, Trust No. 60,077 for Lots 1 through 8 and acceptance of public improvements for maintenance. DISCUSSION Approval of Resolution No. 2004-158 will release the Assurance Agreement between Sombras Del Cerro, L.L.C. an Arizona Corporation under Trust No. 60,077 and Fidelity National Title Agency, and the Town of Marana, regarding Sombra Del Tecolote as depicted on Exhibit A. The subdivision is recorded in Book 58 of Maps and Plats, Page 32, Pima County Recorder's Office, Arizona. In releasing said Assurance Agreement, the Town of Marana will accept for maintenance, including regulatory traffic control signs and street signs, approximately 0.152 miles of the following paved streets. · Corte Del Sombra Del Tecolote ATTACHMENTS Subdivision maps. RECOMMENDATION Staff recommends approval to release the Assurance Agreement between Sombras Del Cerro, L.L.C. under Trust No. 60,077 and Fidelity National Title Agency and the Town of Marana and accept the streets of Sombra Del Tecolote for maintenance. SUGGESTED MOTION I move to adopt Resolution No. 2004-158. Release of Assurances-Sombra Del Tecolote/KEB 11/! 0/2004/10:49 AM MARANA RESOLUTION NO. 2004-1~8 RELATING TO SUBDIVISIONS; APPROVING A RELEASE OF ASSURANCE AGREEMENT FOR SOMBRA DEL TECOLOTE, TRUST NO. 60,077 FOR LOTS 1 THROUGH 8 AND ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR MAINTENANCE. WHEREAS, Sombra Del Tecolote is a 14.854 acre subdivision located north of Linda Vista Road and east of Camino De Oeste Road, containing Lots 1-8, no common areas, and is recorded at the Pima County Recorder's Office in Book 58 of Maps and Plats, Page 32; and WHEREAS, the Town has previously entered into an Assurance Agreement with Sombras Del Cerro, L.L.C., (beneficiary) under Trust No. 60,077 and Fidelity National Title Agency, (trustee), recorded at the Pima County Recorder's Office at Docket 12282, Page 2713, assuring the completion of public improvements; and WHEREAS, Sombras Del Cerro, L.L.C., has completed the public improvements acceptable to Town standards in accordance with the Assurance Agreement for Sombra Del Tecolote; and NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana as follows: Section 1. Sombra Del Tecolote, lots 1 through 8 are hereby released from the Assurance Agreement with Sombras Del Cerro, L.L.C. under Trust No. 60,077, and Fidelity National Title Agency. Section 2. The Town accepts for maintenance, including maintenance of regulatory traffic control and street signs, 0.152 miles of paved streets for the following appurtenances, as depicted on Exhibit A: a. Corte Del Sombra Del Tecolote Page 1 of 2 Marana, Arizona Resolution No. 2004-xxx PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 16th day of November, 2004. ATTEST: Mayor BOBBY SUTTON, JR. Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: Frank Cassidy Town Attorney Page 2 of 2 Marana, Arizona Resolution No. 2004-xxx GENERAL NOTES APPROVALS _ PIMA COUNTY APPROVALS RECORDING WATER ADEQUACY ASSURANCES CERTIFICATION OF SURVEY ENGINEER'S CERTIFICATION LEGEND LOCATION MAP DEDICATION BENEFICIARY ZONE:SEE NOTES IAId12mO' NAIdAr~:So: DE OESTEI SOMBRA DEL TECOLOTE LOTS 1 THROUGH 8 BEING A PORT[ON OF SECTION 7, TO.SHIP 12 SOUTH, EANGE 13 EAST, G& S.R.M, TOVFN OF MARANA. PIMA COUNTY, ARIZONA MARCH 2004 EXHIBIT A 1 / 8 LOCAL COORDINATE DATA (LCD) KEY NOTES CURVE DATA MNE DATA 11100-N. PRV-03094 SOMBRA DEL TECOLOTE LOTS ! THROUGH 8 BEING A PORTION OF SECTION 7. BILL OF SALE Sombra Del Cero L.L.C. TOWN OF MARANA-ENGINEERING DIVISION KNOW ALL MEN BY THESE PRESENTS: That, Sombra Del Cero L.L.C.. an LLC corporation, hereafter called the seller, for and in consideration of the sum of One Dollar ($1.00) and other valuable considerations, and pursuant to the terms, provisions and agreements contained in that certain ASSURANCE AGREEMENT dated 12 April 2004, herewith and executed between the parties hereto, and of which this instrument is a part performance, receipt of which consideration is hereby acknowledged, does by these presents grant, bargain, sell, convey, transfer, and deliver unto the TOWN OF MARANA, a municipal corporation, hereinafter called the Town, its successors and assigns: Those certain improvements consistin limited to, the following: ~ Corte DelS~mbraDelTecolote 'J.' STATE OF ARIZONA) )SS. COUNTY OF PIMA ) On this, the ~'/~day offS,0 C, awg''dJ:~, 2004, before me the undersigned officer, 'personally appeared D~E vl~~ '~'t'tso(~,~ respectively, of Sombra Del Cero L.L.C., a corporation, known to me to be the person who subscribed the foregoing instrument, and acknowledged that they executed .the same fore and on behalf of said corporation for the purposes and considerations therein expressed. IN WITNESS THEREOF, I have hereunto set my hand and official seal. My Commission Expires: [I-o~- OD STATE OF ARIZONA) COUNTY OF PIMA ) , of sombra Del Cero L.L.C., a corporation, hereby declare on oath that said Corporation is the sole owner of the property set out in the within and ~egging P~ll of Sale, and that said property and all thereof is clear, free, and unencumbered. WITNESS my hand this [~_ day o f.~Jt~j~,~/2004by of Sombra Del Cero L.L.C., a corporation. My Commission Expires: ~ ~ ~ Goon~ ot Pima ~ .... William K. K~h ..~ ~ Not~ ~blic TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: November 16, 2004 AGENDA ITEM: IX. A. 6 TO: FROM: SUBJECT: MAYOR AND COUNCIL Dan Groseclose, Housing General Contractor Resolution No. 2004-159: Relating to Community Development Block Grants; approving and authorizing the Town of Marana to enter into an Intergovernmental Agreement with Pima County for the management and implementation of the 2004 Community De- velopment Block Grant Program. DISCUSSION Pima County has submitted an application to the U.S. Department of Housing and Urban Devel- opment (HUD) for the 2004 Community Development Block Grant funds. Upon receiving HUD approval, the Town would like to enter into an intergovernmental agreement (IGA) with Pima County for an allocation of these funds. The IGA is the same as in previous years, with the ex- ception of the dollar amounts. This year the Town's CDBG allotment is expected to be as fol- lows: Administration Housing Rehabilitation Affordable Housing Santa Cruz Multi-Use Trail Total Intergovernmental Agreement. ATTACHMENT $30,000 $5O,OOO $5O,OOO $90,000 $220,000 RECOMMENDATION Staff recommends approval of the intergovernmental agreement with Pima County for the 2004 Community Development Block Grant program. SUGGESTED MOTION I move to adopt Resolution No. 2004-160. {00000217. DOC/} DG/FJC/cds - 9/16/04 MARANA RESOLUTION NO. 2004-159 RELATING TO COMMUNITY DEVELOPMENT BLOCK GRANTS; APPROVING AND AUTHORIZING THE TOWN OF MARANA TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH PIMA COUNTY FOR THE MANAGEMENT AND IMPLEMENTATION OF THE 2004 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. WHEREAS, Pima County has submitted an application to the U.S. Department of Housing and Urban Development (HUD) for the 2004 Community Development Block Grant (CDBG) funds; and WHEREAS, in the event that HUD approves Pima County's 2004 CDBG Consolidated Plan Annual Update, it is the desire of the Town of Marana and Pima County, that the Town of Marana's allocation of the grant be implemented by the Town of Marana. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the accompanying Intergovernmental Agreement with Pima County be approved, provided that, as a condition precedent to the Agreement becoming effective, HUD must approve Pima County's 2004 CDBG Consolidated Plan Annual Update; and BE IT FURTHER RESOLVED that upon HUD"S approval of Pima County's 2004 CDBG Consolidated Plan Annual Update, the Mayor of the Town of Marana is authorized to execute the Intergovernmental Agreement. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 16the day of November, 2004. ATTEST: Mayor Bobby Sutton, Jr. APPROVED AS TO FORM: Jocelyn C.Bronson, Town Clerk Frank Cassidy, Town Attorney {00000216.DOC/} FJC/cds 9/16/04 RESOLUTION NO. 2004 - RESOLUTION AUTHORIZING PIMA COUNTY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT IN THE AMOUNT OF $220,000.00 WITH THE TOWN OF MARANA FOR THE MANAGEMENT AND IMPLEMENTATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ADMINISTRATION, HOUSING REHABILITATION, AFFORDABLE HOUSING LAND ACQUISITION, AND SANTA CRUZ MULTI USE TRAIL FACILITIES PROJECT. WHEREAS, Pima County has submitted an application consisting of the Annual Action Plan 2004-2005 to the U.S. Department of Housing and Urban Development ("HUD") for 2004-2005 Community Development Block Grant ("CDBG") funds; and WHEREAS, in the event that HUD approves Pima County's 2004-2005 Annual Action Plan, it is the desire of Pima County and the Town of Marana that the Town of Marana's allocation of the grant be implemented by the Town of Marana. NOW THEREFORE BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF PIMA COUNTY that the accompanying Intergovernmental Agreement ("Contract") in the amount of $220,000.00 for the management and implementation of the CDBG Program Administration, Housing Rehabilitation, Affordable Housing Land Acquisition, and Santa Cruz Multi Use Trail Facilities Project with the Town of Marana be approved; and BE IT FURTHER RESOLVED that upon HUD's approval of Pima County's 2004- 2005 Annual Action Plan, the Chair of the Board of Supervisors is authorized to execute the Intergovernmental Agreement and any related documents necessary to implement the agreement. PASSED AND ADOPTED ON PIMA COUNTY, A Body Politic & Corp. ATTEST Chair, Board of Supervisors APPROVED AS TO FORM: Clerk, Board of Supervisors Deputy County Attorney Contract Number: PIMA COUNTY COMMUNITY DEVELOPMENT AND NEIGHBORHOOD CONSERVATION DEPARTMENT INTERGOVERNMENTAL AGREEMENT PROJECT NAME: CONTRACTOR: Administration, Housing Rehabilitation, Affordable Housing Land Acquisition, Santa Cruz Multi Use Trail Facilities Town of Marana 13251 N. Lon Adams Rd. Marana, AZ. 85653 PURPOSE: Provide funding for Contractor to administer and maintain the projects to be developed and carry out the specific activities, as described in the Project Summary Appendix A FUNDING: CDBG GRANT DISTRICT NO: 3 '(~(~ ~ ~15,~(~ ~: ~ ~1'.'-'- ;I-1' ~-1' 7~)7~-:1--(~ '~ ~-/;~ ;I-/'~ ~5- ........................................................................................CONTRACT AMOUNT: $220,000.00 INTERGOVERNMENTAL AGREEMENT FOR MANAGEMENT AND IMPLEMENTATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM THIS Intergovernmental Agreement ("Contract") is entered into between Pima County, a body politic and corporate of the State of Arizona, hereinafter called "COUNTY," as the Community Development Block Grant Recipient, and the Town of Marana, a body politic and corporate, hereinafter called CONTRACTOR. WITNESSETH WHEREAS, COUNTY, through its annual Community Development Block Grant (CDBG) proposal process for federal year 2004-2005, required all applicants submit a proposal for each of their projects that they would like to be considered for funding; WHEREAS, there has been enacted into law Public Law 97-35, the Housing and Community Development Act, as amended, the primary objective of which is the development of viable urban communities by providing federal assistance for community development activities in urban areas, including the area served by the CONTRACTOR; WHEREAS, the COUNTY as an "Urban County" as the term is used in the Act, is authorized to apply for and accept Community Development grants with respect to its unincorporated territory and with respect to included units of general local government actively participating with the COUNTY to undertake or to assist in the undertaking of essential community development and housing assistance activities; WHEREAS, the CONTRACTOR is a legal entity within the territorial boundaries of the COUNTY; WHEREAS, the CONTRACTOR and COUNTY have agreed to submit a proposal to the U.S. Department of Housing and Urban Development, hereinafter referred to as "HUD"; WHEREAS, in the event that the CONTRACTOR'S proposal is approved by HUD as part of the County's 2004 Annual Action Plan and a Community Development Block Grant is made to the COUNTY on account of such Annual Action Plan, the parties heretofore will enter into this Contract providing for implementation of the CONTRACTOR'S allocation of the grant by the COUNTY, the Subrecipient or by cooperative action of the two agencies; WHEREAS, it is the desire of the CONTRACTOR and the COUNTY that the CONTRACTOR'S allocation of the grant be implemented by the Town of Marana; WHEREAS, the CONTRACTOR is the legal entity responsible for operating and maintaining the projects to be developed, and carrying out the specific activities, as described in the Project Summary (Appendix A); WHEREAS, the CONTRACTOR shall undertake the same obligations to the COUNTY, as the COUNTY does to HUD, with respect to the CONTRACTOR'S allocation of the Community Development Block Grant; and WHEREAS, the Pima County Board of Supervisors reviewed and approved such proposal on July 6, 2004; NOW THEREFORE, the parties hereby enter into this Contract, consisting of this document and Appendices B (SPECIAL AGENCY.CONDITIONS), C (CONTRACTOR'S CERTIFICATION), and D (INTERGOVERNMENTAL COOPERATIVE AGREEMENT BETWEEN PIMA COUNTY AND TOWN OF MARANA FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND HOME INVESTMENT PARTNERSHIP PROGRAM), all of which, with any attachments, are incorporated herein by reference, as follows: ARTICLE I - TERM AND EXTENSION/RENEWAL This Contract, as awarded by the Board of Supervisors, shall commence on the 1st day of November, 2004, and shall terminate on the 31 st day of December, 2005 unless sooner terminated or further extended pursuant to the provisions of this Contract, provided that it shall not be effective until recorded with the Pima County Recorder following execution by both parties. The parties may renew this Contract for up to two (2) additional one-year periods or any portion thereof. Any modification, or extension of the Contract termination date, shall comply with the modifications provisions contained Appendix B. ARTICLE II-PAYMENT In consideration for the services specified in this Contract, the COUNTY agrees to reimburse CONTRACTOR in an amount not to exceed $220,000.00 for administration, affordable housing land acquisition, housing rehabilitation, and the Santa Cruz multi-use trail facilities pursuant to the following budget: A. BUDGET: Administration $ Housing Rehabilitation $ Affordable Housing Land Acquisition $ Santa Cruz Multi Use Trail Facilities $ 30,000.00 50,000.00 50,000.00 90,000.00 B. The total amount of this Contract is $220,000.00. C. PAYMENTS: Payments and allocation by COUNTY will not exceed the amount allocated for this project by the U.S. Department of Housing and Urban Development under the Community Development Block Grant Program administered by Pima County. No funds other than the CDBG funds will be expended or advanced by the COUNTY, from any source, for the projects described in Appendix A. Payments shall conform to the budget categories itemized in this article. Requests by CONTRACTOR for payment will include all claims and invoices of every kind and nature against COUNTY, arising under this Contract or any provision thereof, express or implied, or from any cause whatsoever. If CONTRACTOR requests payment for invoiced bills, not reimbursements, CONTRACTOR must submit evidence of payment of these invoiced bills within thirty calendar days. Future payments to CONTRACTOR may be withheld until this evidence of payment is received and approved by COUNTY. Reconciliation of payment received with actual costs incurred shall be accomplished prior to final payment, or through subsequent audit. If payment received exceeds actual costs, the CONTRACTOR shall, at the COUNTY'S sole discretion, 1 ) refund to the COUNTY within 30 days of request, the excess amount; or 2) provide, during the following contract term and without reimbursement overage divided by the unit fee in effect at the termination of the Contract term to which the overage applied. The additional units to be delivered shall be for commensurate contract services. If Contract services are not continued in the next Contract term, CONTRACTOR shall, within thirty (30( days of receipt of a request from COUNTY, refund to COUNTY the excess amount received. To the extent permitted by HUD regulations, CONTRACTOR may be paid for planning and administration activities occurring after July 1,2004. All planning and administration costs not used by the end of the next fiscal year, June 30, 2005, shall be forfeited. For the period or record retention required under Article XXI, COUNTY reserves the right to question any payment made under this Article and to require reimbursements therefore by setoff or otherwise for payments determined to be improper or contrary to the Contract or law. AR~'ICLE III - SCOPE A. Purpose The purpose of this Contract is to provide funding for CONTRACTOR to administer and maintain the projects to be developed and carry out the specific activities, as described in the Project Summary contained in Appendix A and fully incorporated herein by reference. B. Scope CONTRACTOR shall: Implement their allocation of the grant as described in Appendix A hereof fully in accordance with terms of the overall application made by the COUNTY to HUD for funds to carry out the Projects, the Certifications which were submitted concurrently with the 2004 Annual Action Plan to HUD, and with the Intergovernmental Cooperative Agreement between Pima County and Town of Marana for the Community Development Block Grant Program and Home Investment Partnership Program contained in Appendix D and fully incorporated herein by reference. The Annual Action Plan is hereby incorporated by reference into this agreement fully as is set forth herein. CONTRACTOR hereby undertakes the same obligations to the COUNTY that the COUNTY has undertaken to HUD pursuant to said Annual Action Plan and assurances. CONTRACTOR will hold COUNTY harmless against any injury that COUNTY may suffer with respect to HUD on account of any failure on the part of CONTRACTOR to comply with the requirements of any such obligation. Perform in accordance with the Project Summary Appendix A set forth in this Contract. The work under this will be performed to the satisfaction of the COUNTY. COUNTY will interpret all reports pursuant to the budget and will decide the acceptability and progress of work, and amount to be paid under this Contract. C. Performance Requirements CONTRACTOR certifies that it will perform the work in accordance with the terms of this Contract, including those contained in Appendices A, B, C, and D, to the best of CONTRACTOR'S ability. CONTRACTOR shall employ suitably trained and skilled professional personnel to perform all services under this Contract. CONTRACTOR will supply County with a monthly and an annual report which lists statistical data on the clients served. The report shall include location of client, income level, family size, race, if family is female-headed household, services provided, and if family is elderly or handicapped. CONTRACTOR shall submit the monthly report with every request for funds by the end of the following month. CONTRACTOR shall submit the annual report that covers the contract term within thirty (30) days of Pima County's fiscal year end (July 1st to June 30th). ARTICLE IV - INSURANCE CONTRACTOR shall obtain and maintain at its own expense, during the entire term of this Contract the following type(s) and amounts of insurance: A) Commercial General Liability in the amount of $1,000,000.00 combined, single limit Bodily Injury and Property Damage. Pima County is to be named as an additional insured for all operations performed within the scope of the Contract between Pima County and CONTRACTOR; B) Commercial or Business automobile liability coverage for owned, non-owned and hired vehicles used in the performance of this Contract with limits in the amount of $1,000,000.00 combined single limit or $1,000,000.00 Bodily Injury, $1,000,000.00 Property Damage; .. c) If this Contract involves professional services, professional liability insurance in the amount of $1,000,000.00.; and, D) If required by law, workers compensation coverage including employees liability coverage. CONTRACTOR shall provide COUNTY with current certificates of insurance. All certificates of insurance must provide for guaranteed thirty (30) days wdtten notice to the COUNTY of cancellation, non-renewal or material change. ARTICLE V - INDEMNIFICATION CONTRACTOR shall indemnify, defend, and hold harmless COUNTY, its officers, employees and agents from and against any and all suits, actions, legal administrative proceedings, claims or demands and costs attendant thereto, arising out of any act, omission, fault or negligence by the CONTRACTOR, its agents, employees or anyone under its direction or control or on its behalf in connection with performance of this Contract. CONTRACTOR warrants that all products and services provided under this Contract are non-infringing. CONTRACTOR will indemnify, defend and hold COUNTY harmless from any claim of infringement arising from services provided under this Contract or from the provision, license, transfer or use for their intended purpose of any products provided under this Contract. ARTICLE VI - COMPLIANCE WITH LAWS CONTRACTOR shall comply with all federal, state, and local laws, rules, regulations, standards and Executive Orders, without limitation to those designated within this Contract. The laws and regulations of the State of Arizona shall govern the dghts of the parties, the performance of this Contract, and any disputes hereunder. Any action relating to this Contract shall be brought in a court of the State of Adzona in Pima County. Any changes in the governing laws, rules, and regulations dudng the terms of this Contract shall apply, but do not require an amendment. ARTICLE VII - INDEPENDENT CONTRACTOR The status of the CONTRACTOR shall be that of an independent contractor. Neither CONTRACTOR, nor CONTRACTOR'S officers agents or employees shall be considered an employee of Pima County or be entitled to receive any employment-related fringe benefits under the Pima County Medt System. CONTRACTOR shall be responsible for payment of all federal, state and local taxes associated with the compensation received pursuant to this Contract and shall indemnify and hold COUNTY harmless from any and all liability which COUNTY may incur because of CONTRACTOR'S failure to pay such taxes. CONTRACTOR shall be solely responsible for program development and operation. ARTICLE VIII - SUBCONTRACTOR CONTRACTOR will be fully responsible for all acts and omissions of any subcontractor and of persons directly or indirectly employed by any subcontractor and of persons for whose acts any of them may be liable to the same extent that the CONTRACTOR is responsible for the acts and omissions of persons directly employed by it. Nothing in this contract shall create any obligation on the pad of COUNTY to pay or see to the payment of any money due any subcontractor, except as may be required by law. CONTRACTOR shall not enter into any subcontracts for any services to be performed under this Contract unless it received pdor wdtten approval of the subcontract by the County. Contractor shall follow applicable Federal, State, and County rules for obtaining subcontractor services. Pdor written approval shall not be required for the purchase of supplies that are necessary and incidental to Contractor's performance under this Contract. ARTICLE IX - ASSIGNMENT CONTRACTOR shall not assign its rights to this Contract, in whole or in part, without pdor written approval of the COUNTY. Approval may be withheld at the sole discretion of COUNTY, provided that such appt'(~val shall not be unreasonably withheld ARTICLE X - NON-DISCRIMINATION CONTRACTOR shall not discriminate against any COUNTY employee, client or any other individual in any way because of that person's age, race, creed, color, religion, sex, disability or national origin in the course of carrying out CONTRACTOR'S duties pursuant to this Contract. CONTRACTOR shall comply with the provisions of Executive Orders 75-5, as amended by Executive Order 99-4, which are incorporated into this Contract by reference as if set forth in full herein. ARTICLE Xl - AMERICANS WITH DISABILITIES ACT CONTRACTOR shall comply with all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101-12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36. ARTICLE Xll -WORKER'S COMPENSATION Each party shall comply with the notice of A.R.S. § 23-1022(E). For purposes of A.R.S. § 23-1022, each party shall be considered the pdmary employer of all personnel currently or hereafter employed by that party, irrespective of the operations of protocol in place, and said party shall have the sole responsibility for the payment of Worker's Compensation benefits or other fringe benefits of said employees. ARTICLE XlII - FULL AND COMPLETE PERFORMANCE The failure of either party to insist on one or more instances upon the full and complete performance with any of the terms or conditions of this Contract to be performed on the part of the other, or to take any action permitted as a result thereof, shall not be construed as a waiver or relinquishment of the right to insist upon full and complete performance of the same, or any other covenant or condition, either in the past or in the future. The acceptance by either party of sums less than may be due and owing it at any time shall not be construed as an accord and satisfaction. ARTICLE XlV - CANCELLATION FOR CONFLICT OF INTEREST This Contract is subject to cancellation for conflict of interest pursuant to ARS § 38-511, the pertinent provisions of which are incorporated into this Contract by reference. ARTICLE XV- TERMINATION/SUSPENSION A) Termination: COUNTY reserves the right to terminate this Contract at any time and without cause by serving upon CONTRACTOR 30 days advance written notice of such intent to terminate, except that if the Community Development Block Grant from the Department of Housing and Urban Development underwhich this Contract is made, is terminated or the amount of the grant reduced, the County, shall thereupon have the dght to terminate or reduce the contract dollar amount of this Contract by giving the contractor wdtten notice of such termination and specifying the date thereof at least fifteen (15) days before the effective date of such termination. In the event of termination under this paragraph, the COUNTY'S only obligation to CONTRACTOR shall be payment for services rendered prior to the date of termination. B) Non-Appropriation of Funds: Notwithstanding any other provision in this Contract, this Contract may be terminated if for any reason, there are not sufficient appropriated and available monies for the purpose of maintaining COUNTY or other public entity obligations under this Contract. In the event of such termination, COUNTY shall have no further obligation to CONTRACTOR, other than to pay for services rendered pdor to termination. c) D) Suspension for Cause: COUNTY may suspend'operations and payments under this Contract immediately for violation of contractual requirements, unsafe working conditions, violation of Federal or State law, or lack of reasonable progress in accomplishing objectives and schedules contained in this Contract.' Administrative Suspension: COUNTY may temporarily suspend operations and payments under this Contract immediately at any time if the Pima County Board of Supervisors or Administrator determines that it is in the COUNTY'S best interest to suspend this Contract. In the event of such suspension, CONTRACTOR shall assist COUNTY by providing information and documents to evaluate the status of the Contract and whether it should be continued. ARTICLE XVl - NOTICE Any notice required or permitted to be given under this Contract shall be in writing and shall be served by personal delivery or by certified mail upon the other party as follows: COUNTY: Pima County Community Development and Neighborhood Conservation Director 2797 East Ajo Way, 3ra Floor Tucson, AZ. 85713 CONTRACTOR: Town of Marana 13251 N Lon Adams Road Marana, AZ. 85653 ARTICLE XVll - NON-EXCLUSIVE CONTRACT CONTRACTOR understands that this Contract is nonexclusive and is for the sole convenience of COUNTY. COUNTY reserves the dght to .obtain like services from other sources for any reason. ARTICLE XVlII - OTHER DOCUMENTS CONTRACTOR and COUNTY in entering into this Contract have relied upon information provided in the CONTRACTOR'S proposal submitted in response to Pima County's 2004-2005 annual CDBG proposal process which, together with any other submissions or representations made by Contractor, to the extent, not inconsistent with this Contract shall form the Contract between the parties. To the extent of any inconsistency among the Contract documents, the Special Agency Conditions shall govern except as othenNise required by law. ARTICLE XlX - REMEDIES Either party may pursue any remedies provided by law for the breach of this Contract. No right or remedy is intended to be exclusive of any other dght or remedy and each shall be cumulative and in addition to any other right or remedy existing at law or at equity or by virtue of this Contract. ARTICLE XX - SEVERABILITY Each provision of this Contract stands alone, and any provision of this Contract found to be prohibited by law shall be ineffective to the extent of such prohibition without invalidating the remainder of this Contract. ARTICLE XXl - RECORD RETENTION Contractor shall keep and maintain proper and complete books, records and accounts, which shall be open at all reasonable times for inspection and audit by duly authorized representative of County. Contractor shall retain all records relating to this Contract at least 5 years. The retention period stads from the date of submission of the County's annual performance an~i evaluation report, as prescribed in 24 CFR 91.520, in which the specific activity is reported on for the final time rather than from the date of submission of the final expenditure report, for the award or, if later, until any related-pending proceeding or litigation has been closed. Contractor must comply with Section 570.506 "Records to be Maintained" of the Community Development Block Grant Program - Entitlement Grant Regulations. ARTICLE XXll - ENTIRE AGREEMENT This document, including all appendices and attachments and the documents identified in Article XVIII, constitutes the entire agreement between the parties pertainin{] to the subject matter hereof, and all pdor or contemporaneous agreements and understandings, oral or wdtten, are hereby superseded and merged herein. This Contract may be modified, amended, altered or extended only by a written amendment signed by the parties and recorded with the Pima County Recorder. IN WITNESS THEREOF, the parties have affixed their signatures to this Contract on the date written below. PIMA COUNTY CONTRACTOR- TOWN OF MARANA Chair, Board of Supervisors Mayor Date: Date: ATTEST ATTEST Clerk ofthe Board Town Clerk Date: Date: ¢/~ROVED AS TO CONTENT Commu~.~, De~,elopment and Neighborhood Conservation Director Pursuant to A.R.S. {}11-952(D), the undersigned has determined that the foregoing Intergovemmental Agreement between Pima County and the Town of Marana is in the proper form and within the powers and authority granted under the laws of the State of Arizona. PIMA COUNTY Deputy Date: TOWN OF MARANA Town Attorney Date: See attached for each project: Administration Housing Rehabilitation Affordable Housing Land Acquisition Santa Cruz Multi Use Trail Facilities Appendix A PROJECTS SUMMARY Project ID/ Local ID 0o32 Project Title/Priority/ U,S. 'Department of Housing & Urban Development CPD Consolidated Plan Listing of Proposed Projects HUD Matrix Code/Title/ Objective/Description Citation/Accomplishments Fund; ~s Town of Marana Administration Planning & Administration Administration of the CDBG program. 21A General Program Administration 570.206 0 N/A CDB~ ESG'~ HOME TOTA~ Total i!her Funding $0 $o $0 Help the Homeless? Help those with HIV or AIDS? Eligibility: Subreclpient: Location(s): CT: 004406 BG: 1 County: 04019 No Local Government CT & BG's Start Date: 07/01/04 Completion Date: 06/30/05 Project ID/ Local ID U.S. Department of Housing & Urban Developmei~ CPD Consolidated Plan Listing of Proposed Projects Project Title/Priority/ HUD Matrix Code/Title/ Fu~-Sources Objective/Description Citation/Accomplishments Town of Marana Housing Rehabilitation Program Housing Rehabilitate 20 owner occupied homes of residents who are Iow to moderate iilcome. Help the Homeless? No Help those with HIV or AIDS? No Eligibility: Subrecipient: Location(s): CT: 004406 BG: 1 County: 04019 Local 'Government CT & BG's 14A Rehab; Single-Unit Residential 570,202(a)(1) 20 Housing Units Start Date: 07/01/04 Completion Date: 06/30/05 CDBG ESG HOME, TOTAL Total ~ ;),thor Funding $0 $o ~0 $0 Project ID/ Project Title/Priority/ U.S. Department of Housing & Urban Developmer~t CPD Consolidated Plan Listing of Proposed Projects HUD Matrix Code/Title/ Fundi~ng Sources Local ID Objective/Description Citation/Accomplishments ii Town of Marana Affordable Housing Land Acquisition Housing Purchase of land in which homes will be constructed and sold to first time homebuyers who meet program requirements and who are Iow to moderate income households. A total of 3 lots will be purchased. Homes will be 'constructed utilizing the youth build program, Help the Homeless?' Help those with HIV or AIDS? Eligibility: Subreclpient: Location(s): CT: 004406 BG: 1 County: 04019 CT: 004408 BG: 3 County: 04019 No Local. Government CT & BG's Ol Acquisition of Real Property 570.201 (a) 3 Housing Units Start Date: 07/01/04 Completion Date: 06/30/06 CDBG! ESG HOME~ HOPWA !, TOTA,'L Total :Other Funding $0 $0 $0 $0 Project ID/ U.S, Department of Housing & Urban Developmedt CPD Consolidated Plan Listing of PropOsed Projects Project Title/Priority/ HUD Matrix Code/Title/ Funding Sources Local ID Objective/Description Citation/Accomplishments 0066 Town of Marana Santa Cruz Multi Use Trail Infrastructure Construction of restrooms and/or other facilities adjacent to the Santa Cruz Multi-Use Trail. 03K Street Improvements 570.201 (c) 2187 People (General) CDBGi ESG HOMEi HOPW~ TOTA~ Total O~ther,Funding $o $o $o $0 Help the Homeless? No Help those with HIV or AIDS? No Eligibility: Subreciplent: Location(s): CT: 004408 BG: 3 County: 04019' CT: 00zl406 BG: 1 County: 04019 Local Government CT & BG's Start Date: 07/01/04 Completion Date: 06/30/[35 Appendix B SPECIAL AGENCY CONDITIONS 1. Modification Modifications may be made to this Agreement in accordance with the following provisions: A. All modifications shall be in writing and shall conform to applicable law, Federal and State regulations and County policies and directives. Approval of modifications is at the sole discretion of County. B. Major modifications shall be by written amendment signed by both parties. Major modifications include any which do the following: a. Change the purpose of the Agreement; b. Increase or decrease the compensation provided for in the Agreement; c. Change the term of the Agreement; d. Change the scope or assurances of the Agreement; e. Change any section of the Agreement other than the Scope of Work or budget; f. Any change that is not a minor modification as described below. C. Minor modifications may be made by wdtten memorandum approved and signed by the Director of the Pima County Community Development and Neighborhood Conservation Department. Minor modifications are changes in the Scope of Work or budget that do not change the purpose or total compensation of this Agreement and do not in any way increase the direct or indirect liability of the County under this Agreement. 2. Procurement of Goods and Services: Contractor is not the agent of County for any purpose and shall not purchase any materials, equipment, or supplies on the credit of the County. Contractor shall comply with OMB Circular No. A-122, -"Cost Principals for Non-Profit Organizations" (if Contractor is a non-profit corporation) and OMB Circular No. A-110. 3. Monitoring and Evaluation: County shall monitor all activities and information sources in the management, fiscal, and service systems of Contractor and any subcontracted parties, relating to performance of duties and obligations under this Contract, to assure that Contractor is maintaining adequate and acceptable progress and systems, and to ensure that the funds provided to Contractor by County are being used effectively and efficiently to accomplish the purposes for which funds were made available. County in cooperation with Contractor shall evaluate products, services, and performance under the terms of this contract. Contractor shall assist County in providing to the U.S. Department of Housing and Urban Development reports and other communications relating to the performance and impact of the projects, as described in the Projects Summary Appendix A. 4. Client Fees and Program Income: Any program income generated and received by Contractor as a result of contract services shall be kept by Contractor, used for the pUrpose of this contract, and reported to County. Contractor shall comply with Section 570.504 "Program Income", and Section 570.503 "Agreements with Subrecipients" of the Community Development Block Grant Program Entitlement Grant Regulations. 5. Identification Of Funding and Copyrights: A. All advertisements, real property, publications, pdnted and other materials which are produced by the Contractor and refer to services funded under this Agreement shall cleady attribute "PIMA COUNTY" and the Community Development Block Grant Program in the following suggested format: Funded by: Pima County and the Community Development Block Grant Program Reference to Pima County shall be displayed at least as prominently as other credited funding sources. B. Contractor shall not copyright any materials or products developed through contract services or contract expenditures without pdor wdtten approval by the County. Upon approval, the federal govemment and Pima County shall have a non- exclusive and irrevocable license to reproduce, publish or otherwise use or authorize the use of any copyrighted material. 6. Nepotism Agency shall not employ relatives in positions where one is in supervisory chain of the other, nor where one is in daily working contact with the other. A. "Relative" means the spouse, child, child's child, parent, grandparent, brother or sister of whole or half blood or child of a spouse. B. COunty may grant temporary waiver of this policy where relative employment situation already exists at the time of execution of this contract. 7. Audit Requirements: A. Federal Requirements (applicable if Federal funds are involved): If Contractor is a state, local government or non-profit organization which expends $300,000 or more of federal funds during the year, then, Contractor shall comply with OMB Circular A-133 (31 U.S.C. § 503, 1111, 7501 et seq. And Executive Orders 8248 and 11541) and includes the compliance supplement OMB Circular A-133, "Audits of State and Local Governments and Non-Profit Organizations." if total expenditures of Federal awards are greater than $100,000 but less than $300,000 then a program-specific audit in accordance with generally accepted auditing standards, which includes compliance testing, is required annually. If total Federal expenditures are $100,000 or less, but at least $50,000, then a program-specific audit in accordance with generally accepted auditing standards, which includes compliance testing, is required bi- annually. Contractors with total expenditures of Federal awards less than $50,000 do not have an annual audit requirement. B. State of Adzona Audit Requirements: NOT APPLICABLE C. Additional County Requirements: Contractor shall establish and maintain a separate, identifiable accounting of all funds provided by County pursuant to this agreement. County may require any contractor to provide a program-specific or financial audit at any time by providing wdtten notice to the Contractor. Such notice shall specify the period to be covered by the audit, the type of audit and the time for completion and submission of the audit. Audits provided under sections A and B of this section shall be performed by a qualified, independent accounting firm and shall be submitted to the county within six months of the close of the dontract period being audited. Any Audit shall include any response Contractor wishes to make concerning any audit findings. Audits shall be submitted to: Pima County Community Development and Neighborhood Conservation Director 2797 East Ajo Way, 3rd Floor Tucson AZ 85713 Contractor shall pay all costs for audit and county shall not be responsible for audit costs. Grant funds may be used to pay for audit provided the cost is allowable under the appropriate federal or state grant law and the cost is specifically included in the grant budget approved by the county. END OF SPECIAL AGENCY CONDITIONS - Appendix C CONTRACTOR'S CERTIFICATION Contractor hereby certifies it will comply with: 1) HUD Community Development Block Grant Regulations at 24 CFR Pad 570. 2) 3) 4) 5) 6) 7) 8) 9) lO) 11) 12) 13) 14) 15) 16) 17) Title I of the Housing and Community Development Act of 1974. 24 CFI Part 85, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Govemments" (if Agency is local govemment). Title VI of the Civil Rights Act of 1964. Section 109 of the Housing and Community Development Act of 1974. Executive Order 11246 - Equal Employment Opportunity. Section 3 of the Housing and Urban Development Act of 1968. Flood Disaster Protection Act of 1973. National Environment Policy Act of 1969. Section 106 of the National Histodc Preservation Act of 1966, Executive Order 11593. Federal Labor Standards Provisions. OMB Circular A-133, "Audits of States and Local Governments and Non-Profit Organizations". OMB Circular A-122, "Cost Principals for Non-Profit Organizations" (if agency is non-profit organization). OMB Circular A-110, A-87, and A-21. Subpart K of the Community Development Block Grant Program Entitlement Regulations. 570.200(J) First Amendment Church/State Principles of the Community Development Block Grant Program Entitlement Regulations. 570.503(b)(6) Prohibition Against Religious Activities. 570.503(b)(8) Reversion of Assets CONTRACTOR DATE: APPENDIX D Intergovernmental Cooperative Agreement between Pima County and Town of Marana for the Community Development Block Grant Program and Home Investment Partnership Program See attached: Resolution No. 2004-130 Resolution NO. 2004-30 IGA NO. 01-39-M-134204-0704 RECORDED B~:' J V ~ DEPUTY RECORDER 4437 PE3 P0230 - PIMA CO CLERK OF THE BOARD PICKUP F A.N-N. RO' :SUEZ, RECORDER '. ~.~ )QCKET.¢ .~, . - : ]23!7 · SEQ~NCE: 20041090518 PICKUP RESOLUTION NO. 2004- 13 0 RESOLUTION OF/HE BOARD OF SUPE-RVISORS OF P/MA COUNTY, ARIZONA AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL COOPERATIVE' AGREEMENT BETWEEN PIMA COUNTY AND THE TOWN OF MARANA FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND HOME INVESTMENT PARTNERSHIP PROGRAM. WHEREAS, County and Town may contract for services and enter into agreements with one another for joint or cooperative action pursuant to A.R.S. § 1 !-951, et seq.; and WHEREAS, it is necessary to enter into an Intergovernmental Cooperative Agreement in order to meet the requirements of the Housing and Community Development Act of 1974 and subsequent amendments; and WHEREAS, County and Town desire to engage in housing and community development aCtivities as authorized under the Housing and Community Development Act of 1974 and subsequent amendments; and WHEREAS, County and Town do hereby find and determine that it is in the best interest of the residents of the unincorporated areas of the County and of the'Town of Marana that housing and community development activities be performed jointly in accordance with the provisions of this Agreement and that the U.S. Department of Housing and Urban Development (HUD) recommends that expenditures of funds for' each purpose be on an Urban County basis; and WHEREAS, it is mutually beneficial to each of the parties hereto for the County to administer and execute the provisions of the Agreement in accordance with the terms and conditions hereinafter provided and subject to local ordinance and State and Federal law; now, therefore BE IT RESOLVED BY THE BOARD OF~SUPERVISORS OF PIMA COUNTY, ARIZONA, as follows: 1. The IntergovemmentaI Cooperative Agreement between Pima County and the Town of _ Marana forJhe-C:om.munityDe_vel.opment Block Program and Home Investment-P-artnership Program is hereby'appr.0ved; and ' ' 2. The Chair of the Board'of Supervisors is hereby instructed and authorized to sign the Intergovernmental Cooperative Agreement for the Pima County Board of Supervisors. PASSED AND ADOPTED ON THIS 1 s t PIMA COUNTY, A Body Politic & Corp Chair, Board. of Supervisors JUN 1 2004' APPROVED AS TO FORM: 'Deputy County Attorney DAY OF EXHIBIT A JUNE ,2004 ATTEST:...,,..:.:. - Clerk of the:~B~?d , . -~[ . ~.,-:, :j. .,'- ...,.. -., :.~ :? (; .:~:~:' Original 1 of 4 MAR_ANA RESOLUTION N-O. 2004]30: RELATING TO HOUSING; AUTHO~G TI-LB TOWN OF MARAN& ARIZONA, TO ENTER iNTO AN INTERGOVERNMENTAL AGREEMENT W/TH PIMA COUNTY FOR THE COMMUN/T. Y DEVELOPMENT BLOCK INWES TMENT ?ARTNERSi-Zi2R. ?ROGRAM. WHEREAS, the County and Town may contract for services and enter into agreements with one another for joint or cooperat/ve action pursuant to A.R.S. -§ '11-95)', et seq.; and WHEREAS, it is necessary to enter into an intergovernmefital agrd6m'ent in order to meet the requ/rements of the Hous/ng and Community DeveIopment A~i of 1974 and subsequent amendments;' and ., WHEREAS, the County and Town desire to engage in housing and community development activities as authorized trader the Housing and Comrr}!unity Development Act 1974 and .subsequent amendments;and WHEREAS, the County and Town do hereby find and determine that it is in the best interest of the residents of the unincorporated areas oft_he County and of the Town of Marana that housing and community development activities be performed j'ointl'y in accordance w/th the provisions of this Agreement and that the U.S. Department of Hotiskng and-Urban Development ('H-UD) recommends that expend/tures of funds for each purpose be oh an Urban County basis; and .._ a~ifister 'md execqt6 ae'prphsiom ofae'~{e~gove~enml a~eement ~ accordmce Ma ~e te~s md confi~ons here~er provided md subject to lo.c~ Or,race ~d State md Fedemi NOW, T~FO~, BE IT ~SoLx~D BY ~E MAYOR ~N~ CO~C~ OF THE T0~'OF ~A, AS FOLLOWS: :: ' " · SECT/ON 1. The intergovernmental go;cernment betWeen the Town of Marana and ?ima County attached t6 and incorporated by this'reference in th/s resolution as Exhibit A is her&by author/zed and approved. i SECT/ON 2. The Mayor is hereby author/zed to execute sa/d Exh/bit A and the.Town Clerk is hereby author/zed to attest thereto for and on behalf of the Town of Marana. SECTION 3. The Town Manager, ToWn Attorney and other Town staff are hereby author/z~ to undertake all other tasks requ/red to carry out the terms, obligations, and objedtives of said Exh/bit A. - PAgSED, ADOPTED, and APPROVED by the Mayor mad Council oftheTown of Marana, Ar/zona, th/s 16th day of March, 2004. ATTEST: APPRO.~ED AS T.;O FORM: FC/cds Mayor B~byeSut{on, Jr. H:kF,'-ankC'2 0040316hCouncil MtgkPC C'DBG Rcso i Intergovernmental Cooperative Agreer between Pima County and Town of Marana for the Community Development Block Grant Program and Home inves~me,qt Partnership Program C 0 NT'RAQT: :: Ai'¢~END~ENT d0~ume~s ~'-' ',-~ . .... =m,, ~. t0 this l¢~ract. This Intergovernmental Cooperative Agreement made and entered into this __ day of 2004, by and between the County of Pima, a body politic and corporate of the State of Arizona, hereinafter referred to as "County," and the Town of Marana, a municipal corporation of the State of Arizona, located Within the boundaries of the County of Pima, hereinafter referred to as 'q'own." RECITALS A. WHEREAS County and Town may contract for services and enter into agreements with one another for joint or cooperative action pursuant to A.R.S. § 11-951, et seq. B. WHEREAS it is necessary to enter into a Cooperative Agreement in order to meet the requirements of the Housing and Community Development Act of 1974 and' subsequent amendments. C. WHEREAS County and Town are individually authorized by law to engage in housing and community development activities. D. WHEREAS County and Town do hereby find and determine that it is in the best interest of the residents of the unincorporated areas of the County and the Town that housing and community develbpment activities be performed jointly in accordance with the provisions of this Agreement and that the U.S. Department of Housing and Urban Development recommends that expenditures of funds for such purpose be on an Urban County basis. E. WHEREAS it is mutually beneficial to each of the parties hereto for County to administer and execute the provisions of t_h__~_A_g_re_e _merit and the _p_rqvi_si_o_ns_ 0_f _the Agr_e.'_e. me_n__t..f_qr_ Managemen__t. and Implementation of the CDBG Program and HOME Program Agreements entered into by the parties, which Agreements are hereby incorporated by reference as if fully set forth herein, in accordance with the terms and conditions hereinafter provided and subject to.local ordinance and State and Federal law. NOW, THEREFORE, County and Town, pursuant to the above, and in consideration of the matters and things hereinafter set forth, do mutually agrees as follows: Pima County, as an Urban County, is hereby designated as the sponsoring agency to 'administer and implement the plan and program for housing and community development activities for each of the participating parties to this Agreement in accordance with the provisions of the Housing and Community Develop. merit Act of 1974 and subsequent amendments, the laws of the State of Arizona, 'and the terms and conditions provided 'herein. In this respect, the Town agrees that the County is hereby delegated the power to plan and undertake community development-projects within its jurisdiction and will have the final responsibility for selecting all CDBG and HoME Projects in accordance with the approved Community Development and Housing Consolidated Plan pursuant to 24 CFR Part 91. It is' understood and agreed that the County as the Grantee is to take the final responsibility and to assume all the obligations of applicant for assistance under the provisions of said Housing and Community Development Act of 1974 and subsequent amendment:s, '~ine three-year ce~,~icat~ons as required by ;-/UD, subje~ to .change in legislation or regulations and the Consolidated Plan. o The County and Town agree to cooperate to undertake, or assist in undertaking, community renewal and lower income housing assistance activities, specifically urban renewal and publicly asSisted housing. The County and Town do not have the power to veto or otherwise restrict or withhold the support given by the County or the Town to the activities proposed in the Consolidated Plan for any program year covered by this Agreement. In the event that any participating member entity does not comply with a federal prerequisite in order for funds to be expended in such area, then said entity's share shall be expended within all or any portion of the area served by the member entities who qualify under the provisions of said Act. It is understood that in order to qualify for funds under the Housing and Community Development Act of 1974 and subsequent amendments, it is necessary that a Consolidated Plan be submitted to and approved by the United States Department of Housing and Urban Development. All parties hereto agree to abide by the terms and conditions of an approved Consolidated Plan for housing and community development activities as submitted to the Department of Housing and Urban Development. Upon executing the Agreement the Town agrees not to apply for CDBG funds from the State of Arizona Small Cities Program, and may not participate in a HOME consortium except through the Urban County dudng the period in which it is participating in the Urban County's CDBG Program. Nothing herein shall be construed as limiting in any manner the powers of any of the respective parties to- initiate and complete a local project within their respective jurisdiction with their own funds. o The_ 1st day of July 2004 , shall be the effective date of Agreeme_.n_t_, which shall remain in force for three years. This Agreement covers CDBG and HOME Program Curding for Federal Fiscal years 2005, 2006, and 2007. This Agreement may be amended to extend the term of Agreement in order to complete activities funded but not completed, or to expend program income received during the three years covered by this Agreement. The Town and the County recognize that the County shall be the govemmental entity required to execute any grant agreement received pursuant to Consolidated Plan, and that the County shall thereby become responsible thereunder for the proper performance of the plan and program.. The Town agrees that it shall fully cooperate with the'Coun, ty in all efforts .hereunder and that they will assist in doing any and all things required or appropriate to comp!y with the provisions of any grant agreement received by the County pursuant to the Act and its regulations. All records of the County or Town related to this Consolidated Plan and any projects undertaken pursuant thereto shall upon reasonable notice, be available for inspection by HUD, County, and/or Town auditors, dudng normal business hours. This Intergovernmental Cooperative. Agreement shall be binding upon the parti,es hereto, their successors and assignees. Any assignment of Agreement shall be void 'without the consent of the other party. 10. Pursuant to the primary objective of Title I of the Housing and Community Development Act of 1974, the parties hereby agree to direct their Community Development Block Grant and HOME Program resources toward the development of viable urban communities, by providing decent housing and-a suitable Ji,,4ng environment and expanding economic opportunities; principally for persons of Iow- and moderate-income. 11. County and Town will take all required actions necessary to comply with the Urban County's Certification required by Section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, including Title VI of the Civil Rights Act of 1964, the Fair Housing Act, section 109 of Title I of the Housing and Community Development Act of 1974 and other applicable laws. County shall not fund Town if the Town does not affirmatively further fair housing within its own jurisdiction. County and Town agree to affirmatively further fair housing within County and Town. Town shall take no actions to impede the County's actions to comply with County fair housing certification. 12. County and Town have adopted and are enforcing policy prohibiting the use of excessive force by laW enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction. 13. The parties agree that a fully executed amendment or amendments to this Agreement shall be entered into as required or necessary to implement a detailed and formulated plan' and program as contemplated hereunder or for the purpose of complying with any grant agreement received or the regulations issued pursuant to the Act. Failure by either party to adopt an Amendment to this Agreement incorporating all changes necessary to meet the requirements for cooperation Agreements set forth in the Urban County Qualification Notice applicable for the year in which the next qualification of th_.~ U_rb_an Coun_ty is scheduled shall a.utomati_ca!ly te .rr¢inate this Agree_m_ ent following the expenditure of all Community Development Block Grant and HOME funds aiiocated ¢or use in the Town's jurisdiction. 14. Pursuant to 24 CFR 570.501(b), the Town is subject to the same requirements applicable to subrecipients, including the requirement for a written Agreement set forth in 24 CFR 570.503. 15. The County, as the CDBG grant recipient for the urban county has full responsib!lity for the execution of the community development program, for following its Consolidate~l Plan, and for meeting the requirements of other applicable laws (e.g., National Environmental Policy Act, Uniform Relocation Act, Fair Housing Act, Title VI of the Civil Rights Act of 1964, Sec. 504 of the Rehabilitation Act of 1973, Sec. 109 of the Housing and Community Development Act of 1974, the Americans with Disabilities Act of 1990, and for affirmatively furthering fair housing). County shall be held accountable for the accomplishment of the community development program, for fo/lowing the Consolidated Pian, and for ensuring that actions necessary for such accomplishment are taken by Town. 16. The parties acknowledge that A.R.S. § 38-511 requires that notice of A.R.S. § 38-511 be included in every contract of a political subdivision of the State of Adzona and that both parties must comply with all applicable provisions of Arizona Executive Order 75-5, as amended by Executive Order 99-4 [relating to non-discrimination]. THIS SPACE INTENTIONALLY LEFT BLANK IN WITNESS WHEREOF, the executed the __ day of parties hereto have caused ,2004. this Cooperative Agreer'h~nt to be PIMA COUNTY BOARD OF SUPERVISORS Chair, Board of Supervisor~s JUN TOWN OF MARANA Mayor ~ / A'FI'EST: Cler'k,"B-oa~d ~f Supervisors' A'I-['EST: REVIEWED BY: D[re/eE:~, C~mmunity Services Dept. Pursuant to A.R.S. §11-952, the undersigned, Pima County's legal counsel has determined that the above Agreement is in proper form and is within the powers and'authority granted under the laws of the State of Arizona to Pima County. Paula Wilk Typed Name of Legal Counsel Signature of Legal Counsel Pursuant to A.R.S. §11:-952, the undersigned, Town of Marana's legal Counsel has determined that the above agreement is in proper form and is within the powers and authority granted under the laws of the State of Arizona to the Town of Marana. Frank J.. cassid¥ Typed Name Of Legal Counsel OPINION OF DEPUTY COUNTY ATTORNEY INTERGOVERNMENTAL COOPERATIVE AGREEMENT BETWEEN PIMA COUNTM AND THE TOWN OF MARANA FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND HOME INVESTMENT PARTNERSHIP PROGRAM I am an Attorney at Law ad'mitted to practice in the State of Arizona and a duly appointed Deputy County-Attorney for the County of Pima. I have examined the Intergovernmental Cooperative Agreement between Pima County and the Town of Marana for the Community Development Block Grant Program and Home Investment Partnership Program entered into by and between the County of Pima and the Town of Marana, pursuant to Title I of the Housing and Community Development Act of 1974, and I am of the opinion that the Agreement has been duly authorized by the Board of Supervisors of the County of Pima in accordance with State and local legal requirements. I am further of the opinion that the names and provisions of the agreement are authorized under state and local law and that Pima County is authorized to enter into this agreement pursuant to state and local law. To the best of my knowledge, there is no pending or threatened litigation affecting the implementation of the Cooperation Agreement or the ability of the County of Pima to be the applicant for funding as a Urban County under Title I of the Housing and Community Development Act of 1974, as amended. Deputy-County Attorney Civil Division TOWN COUNCIL MEETING TOWN OF MARANA RANA, INFORMATION ~ MEETING DATE: November 16, 2004 AGENDA ITEM: IX. A. 7 TO: FROM: SUBJECT: MAYOR AND COUNCIL Dan Groseclose, Housing General Contractor Resolution No. 2004-160: Relating to Community Development Block Grants; approving and authorizing the Town of Marana to execute an Intergovernmental Agreement Amendment to extend the current contract with Pima County for the management and implementation of the Community Development Block Grant Pro- gram to December 31, 2005. DISCUSSION The Town of Marana and Pima County entered into a Community Development Block Grant (CDBG) Program Contract Number 01-39-M-1333380-1003 on November 18, 2003, for the management and implementation of the CDBG. An amendment to the Contract is needed to ex- tend the termination date to December 31, 2005. Effective May 10, 2004, Pima County reorganized its Community Services Department and the newly established Pima County Community Development and Neighborhood Conservation De- partment assumed departmental oversight for the contract. The Intergovernmental Agreement Amendment extends the termination date and sets for the cor- rect departmental entity in charge of oversight. ATTACHMENT Intergovernmental Agreement Amendment. RECOMMENDATION Staff recommends approval of the Intergovernmental Agreement Amendment. SUGGESTED MOTION I move to adopt Resolution No. 2004-161. {00000217.DOC/} DG/FJC/cds - 9/16/04 MARANA RESOLUTION NO. 2004-160 RELATING TO THE COMMUNITY DEVELOPMENT BLOCK GRANTS; APPROVING AND AUTHORIZING THE TOWN OF MARANA TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT AMENDMENT TO EXTEND THE CURRENT CONTRACT WITH PIMA COUNTY FOR THE MANAGEMENT AND IMPLEMENTATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM TO DECEMBER 31, 2005. WHEREAS, the Town of Marana and the County of Pima have agreed to amend the Intergovernmental Agreement relating to the implementation of the Community Development Block Grant Program; and WHEREAS, the amendment extends the expiration date of such agreement to December 31, 2005, and changes the oversight of the Program to the newly established Pima County Community Development and Neighborhood Conservation Department; and WHEREAS, the amendment would greatly benefit the citizens of the Town of Marana and would be in the Town's best interest. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Intergovernmental Agreement Amendment between the Town of Marana and Pima County to change the expiration date for the implementation of the Community Development Block Grant Program to December 31, 2005, Amendment 1 to Contract No. 01-39-M-133380-1003 is approved, and the Mayor of the Town of Marana is authorized to execute the Intergovernmental Agreement Amendment. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 16th day of November, 2004. ATTEST: Mayor Bobby Sutton, Jr. APPROVED AS TO FORM: Jocelyn C. Bronson Town Clerk Frank Cassidy, Town Attorney Page 1 of 1 PIMA COUNTY COMMUNITY DEVELOPMENT AND NEIGHBORHOOD CONSERVATION DEPARTMENT INTERGOVERNMENTAL AGREEMENT AMENDMENT NUMBER 1 PROJECT NAME: Administration, Housing Rehabilitation, Affordable Housing Land Acquisition, Santa Cruz Multi Use Trail. CONTRACTOR: Town or Marana 13251 N. Lon Adams Rd. Marana, AZ. 85653 Contract Number: Resolution Number: FUNDING: 01-39-M-133380-1003 2003-265 recorded in the Office of Pima County Recorder on November 24, 2003 in Docket 12183, Page 1803 CDBG'GRANT DISTRICT NO.: 3 -b-~ -e,6gl-'f~A~:l'- ?~i.:- ~ ~'~-i1~:~ -t~- '1-~-~ ~)~,- .................................. ~b-gFf ~,~--i--A~U ~'f ." ............ -~ -~b~ b-dl~ ~[:)- ...... TERMINATION DATE PRIOR AMENDS: N/A AMOUNT PRIOR AMENDMENTS: $ -0- TERMINATION DATE THIS AMEND: 12J31/05 AMOUNT THIS AMENDMENT: $ -0- REVISED OONTRACT AMOUNT: $ N/A INTERGOVERNMENTAL AGREEMENT AMENDMENT WHEREAS, County of Pima, as the Community Development Block Grant recipient, hereinafter referred to as "County" and the Town of Marana, a body politic, hereinafter called "Contractor" have entered into a contract, dated November 18, 2003 for the management and implementation of the Community Development Block Grant Program; WHEREAS, the COUNTY and CONTRACTOR want to extend the termination date for one additional one year period to December 31, 2005; WHEREAS, the COUNTY, through the Community Development and Neighborhood Conservation Department has received CDBG funds from the U.S. Department of Housing and Urban Development to provide for CDBG projects in Iow and moderate income communities; and WHEREAS, effective May 10, 2004, Pima County reorganized its Community Services Department, and the newly established Pima County Community Development and Neighborhood Conservation Department assumed departmental oversight for the contract NOW, THEREFORE, it is agreed as follows: 1. ARTICLE I- TERM AND EXTENSION/RENEWAL: Delete the first two sentences in their entirety and replace with the following: This Contract shall commence on the_1~t day of October, 2003, and shall terminate on the 31st of December, 2005 unless sooner terminated or further extended pursuant to the provisions of this Contract, provided that it shall not be effective until recorded with the Pima County Recorder following execution by both parties. This Contract, upon mutual consent of the parties, may be extended for succeeding one-year periods for up to I additional year. 2. ARTICLE XVI - NOTICE paragraph 2. Chanqe: From: COUNTY: Pima County Community Services Director 32 North Stone Avenue, 16t~ Floor Tucson, AZ. 85701 To: COUNTY Pima County Community Development and Neighborhood Conservation Department Margaret Kish, Director 2797 E. Ajo Way, 3r~ Floor Tucson, AZ. 85713 3. APPENDIX B - SPECIAL AGENCY CONDITIONS paraqraph 7. C. c. Change: From: Pima County Community Services Director 32 North Stone Avenue, 16"~ Floor Tucson AZ 85701 TO: Pima County Community Development and Neighborhood Conservation Department Margaret Kish, Director 2797 East Ajo Way, 3'~ Floor Tucson AZ 85713 All other provisions of this contract, not specifically changed by this amendment, shall remain in effect and be binding upon the parties. This amendment shall be effective upon execution by the Chair of the Pima County Board of Supervisors, provideS'that it has been previously executed by the CONTRACTOR. IN WITNESS WHEREOF, the parties do hereby affix their signatures and do hereby agree to carry out the terms of this Amendment and of the original Contract cited herein. PIMA COUNTY Chair Pima County Board of Supervisors DATE: TOWN OF MARANA Mayor: DATE: ATTEST: Clerk of the Board IIL~IEWED BY: ~ Pursuant to A.R.S. § 11-952(d), the undersigned has determine that the foregoing Intergovernmental Agreement between Pima County and the Town of Marana is in the proper form and within the powers and authority granted under the laws of the State of Arizona. PIMA COUNTY Deputy ~.~unty AJ:tome.~- Date: TOWN OF MARANA Town Attorney Date: TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: November 16, 2004 AGENDA ITEM: IX. A. 8 TO: FROM: SUBJECT: MAYOR AND COUNCIL Roy Cuaron Resolution No. 2004-161: Relating to Community Facilities Districts; approving amendments to policy guidelines and application procedures for the establishment of Community Facilities Districts DISCUSSION On May 21, 1997, Mayor and Council adopted Resolution 98-97 which established the policies and procedures for the formation of Community Facilities Districts (CFDs). The original policies and procedures were subsequently amended in September 1998. Staff is again seeking Council approval to amend the policies. The proposed amendments stem from staff's recent experience in forming CFDs as well as the experience of other communities who have been active in establishing CFDs, namely, the City of Goodyear. Clearly, establishing a CFD consumes an inordinate amount of staff time, from reviewing and discussing the contents of the application to negotiating a CFD development agreement. The time horizon can also be quite lengthy, ranging from 4-6 months to over eighteen months. Accordingly, staff recommends the following substantive changes to the existing Policy Applications and Guidelines for the Establishment of Community Facilities Districts. Change Change Article Section Sub,[ect From T._9.o Comments 3 3.2 Application Fee $5,000 $75,000 3 3.2 Expense Deposit $5,000 $25,000 4 4.1 CFD Admin. Fee $5,000 $50,000 4 4.1 CFD Admin. Fee Deposit $5,000 $25,000 3 3.9 Dormant Application Deposit to cover expenses Deposit to cover expenses Establishes time horizon for processing applications 1 1.11 Selection of Consultants Confers to the Town the right to select any consultant to assist with the formation of the district CFD Amended Policies 11/09/2004; 7.'11 PM; RC Staff is confident the proposed amendments are equitable and necessary for the efficient and effective use of resources. By way of comparison, the City of Goodyear, which has the most active number of CFDs in the state, recently increased their application and deposit fee to $100,000 and $60,000, respectively. Similarly, the Town of Sahuarita increased their application and deposit fee to $35,000 and $20,000, respectively. A copy of the revised Policy Guidelines and Application Procedures is attached. The changes are bolded. RECOMMENDATION Staff recommends adoption of Resolution 2004-161, amending the Policy Guidelines and Application Procedures for the Establishment of Community Facilities Districts. SUGGESTED MOTION I move to approve Resolution 2004-161. -2- MARANA RESOLUTION NO. 2004-161 RELATING TO COMMUNITY FACILITIES DISTRICTS; APPROVING AMENDMENTS TO POLICY GUIDELINES AND APPLICATIONS PROCEDURES FOR THE ESTABLISHMENT OF COMMUNITY FACILITIES DISTRICTS WHEREAS, on May 21, 1997, the Mayor and Council adopted the "Town of Marana, Arizona Policy Guidelines and Application Procedures for the Establishment of Community Facilities Districts" as the required procedure for the establishment of community facilities districts, and all community facility districts are to follow these guidelines unless specifically provided otherwise; and WHEREAS, on September 1, 1998, the Mayor and Council adopted certain amendments to the "Town of Marana, Arizona Policy Guidelines and Application Procedures for the Establishment of Community Facilities Districts"; and WHEREAS, the Mayor and Council have considered additional amendments designed to better facilitate the set up and operation of community facilities districts to that document entitled the "Town of Marana, Arizona Policy Guidelines and Application Procedures for the Establishment of Community Facilities Districts." See Exhibit A attached hereto; and WHEREAS, in order to facilitate continued organization of the Community Facility Districts in a manner that is most beneficial to the residents of the Town of Marana, the Town has determined the adoption of these amendments to "Town of Marana, Arizona Policy Guidelines and Application Procedures for the Establishment of Community Facilities Districts" to be in the best interest of the citizens of the Town of Marana, Arizona. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that those certain amendments adopted on November 16, 2004 to that document entitled the "Town of Marana, Arizona Policy Guidelines and Application Procedures for the Establishment of Community Facilities Districts" are hereby adopted and all Community Facility Districts are to follow these guidelines unless specifically provided otherwise. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 16th day of November, 2004. Marana, Arizona Resolution No. 2004-161 Page 1 of 2 Mayor Bobby Sutton, Jr. ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana, Arizona Resolution 2004-161 Page 2 of 2 TOWN OF MARANA, ARIZONA POLICY GUIDELINES AND APPLICATION PROCEDURES FOR THE ESTABLISHMENT OF COMMUNITY FACILITIES DISTRICTS In order to secure for the Town of Marana, Arizona (the "Town") the benefits of the Community Facilities Act (the "Act") enacted by the Arizona Legislature in 1988 and to promote the best interests of the Town, the following Policy Guidelines and Application Procedures have been adopted by the Town Council. Community facilities districts (the "CFD") provide a funding mechanism to finance construction, operation, and maintenance of public infrastructure within the boundaries of the CFD, and to better enable the Town to provide municipal services within the boundaries of the CFD. The Town Council recognizes the ability of the CFD to permit the construction of infrastructure that might otherwise not be constructed. It is for these reasons that the Town Council has established these Policy Guidelines and Application Procedures. Considering that the establishment ofa CFD is the legal equivalent of the establishment of an entirely new municipal entity within the boundaries of the Town, the Town Council believes that the formation of the CFD should be entered into carefully, to ensure its lasting success. ARTICLE 1. General Policies 1.1. CFDs should be utilized primarily in connection with the financing of infrastructure for development of residential projects, master planned communities or projects which include resort hotels or substantial commercial development. 1.2. Priority should be given to CFDs that provide an enhanced level of public infrastructure amenities and/or municipal services. Public Improvements financed by a CFD should be in conformance with the Town's General Plan in order to encourage orderly growth and development. 1.3. All costs incurred by the Town and the CFD in connection with the CFD application, formation and administration and operation expenses appurtenant thereto, will be paid by the applicant/landowner through advance payments as provided herein. Payment shall include payment for services rendered by Town and CFD staff as well as services rendered by outside consultants who may be retained by the Town or CFD, including but not limited to bond counsel, financial advisors, engineers and appraisers. If the Town or CFD uses outside consultants as "staff," such as attorneys or engineers, those consultants will also be paid their customary rate for services. If authorized by the CFD board, exercising its sole discretion, all or part of such costs may be paid by a CFD tax levy or reimbursed to the developer/landowner from a CFD tax levy, CFD assessment, CFD revenues or CFD bond proceeds provided such reimbursement is in conformance with federal law, state law and these guidelines. 1.4. The Town will encourage an area to be governed by as few CFDs as possible, and a preference will be given to one master CFD. This policy is adopted to provide ease of CFD Policy Guidelines & Application Procedures Adopted 5/21/97 Resolution No. 97-42 Amended 11/5/04 Town of Marana, Arizona 1.5. 1.6. 1.7. 1.8. 1.10. 1.11. 1.12. administration and the largest tax/revenue base possible. The decision to form a CFD shall be a decision of the Town Council exercised in its sole and absolute discretion. Unless otherwise agreed to by the Town, the CFD will be governed by a board of directors comprised of the members of the Town Council. The day-to-day responsibilities of the CFD will be performed, pursuant to a contract by outside personnel or by the Town staff. For any CFD over 600 acres, the Town Council, in its sole discretion, may provide that the CFD board may be totally comprised of persons other than members of the Town Council, if adequate safeguards and controls are in place, as may be acceptable to the Town, to ensure the soundness of any CFD financing program, as well as the adequacy and legality of the legal proceedings and disclosure documents in connection with any financing. Advisory committees may, at the sole option of the CFD board, be utilized. Unless otherwise agreed to by the Town, the CFD must be self-supporting from the standpoints of financing, operations and maintenance and no Town funds will be used for CFD purposes. Notwithstanding anything contained herein, neither the property, the full faith and credit, nor the taxing power of the Town shall be pledged to the payment of any CFD obligation or indebtedness. The CFD board will determine, in its sole and absolute discretion, the amount, timing and form of financing to be used by a CFD after review of the project feasibility report. The CFD will construct all improvements utilizing public bidding procedures. The CFD will not use bond proceeds or other CFD funds to purchase public rights-of-way or other real property to be used for public infrastructure improvements, if such real property would be required to be dedicated and conveyed to the Town by the developer/landowner upon development of the developer's/landowner's property. Unless otherwise agreed to by the Town, all costs of administration and operation of the CFD and the operation and maintenance of public infrastructure in the CFD shall be the responsibility of the CFD, the developer/landowner, applicable homeowners' associations, or any combination of the foregoing, as may be acceptable to the Town and the CFD. The Town retains the right to select all consultants necessary for the evaluation of any application and the proceedings for the formation of a CFD and the issuance of bonds therefore, including, but not limited to, special tax consultant, bond counsel, underwriter, appraiser, engineer and any other consultants deemed necessary by the Town. These Policy Guidelines and Application Procedures may be modified by experience and special circumstances. Any applicant will be given the opportunity to propose alternative approaches to those provided herein, with the understanding that concerns of the Town must be adequately addressed before the staff of the Town will recommend approval ofa CFD to the Town Council. ARTICLE 2. Content of Application The application shall contain the following: CFD Policy Guidelines & Application Procedures Adopted 5/21/97 Resolution No. 97-42 Amended 11/5/04 Town of Marana, Arizona CFD Policy Guidelines & Application Procedures Adopted 5/21/97 Resolution No. 97-42 Amended 11/5/04 2.1. A description of the proposed CFD including a legal description of its boundaries and identity and addresses of all persons or entities with any interest in the property, and names and addresses of any qualified electors located within the proposed boundaries. A current title report and a certificate from the county elections department shall be submitted as evidence of the names of persons with any interest in the land and qualified electors respectively. The description must contain an analysis of the appropriateness of the CFD boundaries. 2.2. A detailed description of the types of public infrastructure to be financed by the CFD, including the estimated construction or acquisition costs of the public infrastructure and the annual operation and maintenance costs of the public infrastructure and the governmental approvals that will be required for both the public and private improvements to be constructed and operated. 2.3. A proposed project schedule for commencement and completion of (a) the public infrastructure and (b) the private development. 2.4. A financing plan for the public infrastructure, including both capital and operating/maintenance costs. 2.5. A financial feasibility study for the entire project (or such phases of the project that are expected to be constructed within five (5) years of submission of the Application) covering both the public infrastructure and the private development. This should include: a. An analysis of how the proposed debt financing, operation and maintenance costs, user charges and other CFD costs will be allocated and what will be the impact to the ultimate end users of the property, specifically projected property taxes and property tax rates, special assessments, fees, charges and any other costs that would be borne by property in the CFD. The analysis should also address the impact these costs will have on the marketability of the private development and a comparison of proposed tax rates or charges within the proposed CFD contrasted with the tax rates and charges within the proposed CFD contrasted to the tax rates and changes in adjoining and similar areas outside of the proposed CFD. b. A financing plan for the private development in the CFD. c. A market absorption study for the private development in the CFD, prepared by an independent consultant acceptable to the Town. Such study shall include estimates of the revenue to be generated by the development and an estimate of the ability of the market to absorb the development as well as a market absorption calendar for the private development. 2.6. A description of the proposed equity contribution from the applicant/landowner and a calendar showing the timing of such equity contribution. 2.7. A description of the applicant's professional experience and evidence demonstrating its financial capacity (including financial statements) to undertake the development associated with the public infrastructure and the private development. 2.8. A disclosure form which will be used to explain the expected and possible tax, assessment and other financial burdens of the CFD to prospective CFD landowners. Upon each sale of property in the CFD, the developer/landowner shall file with the Town a receipt that Town of Marana, Arizona 3 2.10. acknowledges the purchaser's receipt of the disclosure form. (Landowners/developers are required to describe in their promotional material the financial and other relative impacts on the development being included in a CFD.) 2.9. An operating plan for the CFD, i.e., what functions the CFD would provide and how the operation and maintenance of the infrastructure and all other services in the CFD would be provided. A description of how the proposed CFD meets the existing development objectives of the Town, including the degree to which the CFD is consistent with the goals of the Town's General Plan for promoting orderly development, consistent with growth management policies and zoning requirements and the degree to which the land use plan for the CFD is consistent with the Town's General Plan Map for the area. ARTICLE 3. Application Procedures 3.1. Ten (10) copies of the application for the formation of a CFD shall be submitted to the Finance Director of the Town who will coordinate an interdepartmental analysis of each application. 3.2. At the time of submission of the application, the applicant shall pay a non-refundable application fee of $75,000.00, and shall deposit an additional $25,000.00 as a deposit on account to be applied by the Town in its sole discretion to the costs incurred in connection with the processing of the application, the formation or administration of the CFD. When $20,000.00 (and each subsequent $20,000.00 amount hereinafter described) is expended, an accounting will be made to the applicant for all costs incurred by the Town and an additional $20,000.00 will be requested and must be paid forthwith. 3.3. If the Town Council approves the formation ofa CFD and there are existing agreements with developers/landowners for the provision of infrastructure proposed to be furnished by the CFD then those agreements will be deemed amended to reflect the agreements and conditions pertaining to the CFD. The amendments will reflect that such infrastructure improvements will be provided (including by acquisition) by either the developer/landowner or the CFD. 3.4. After the application fee and deposit are submitted, the Finance Director shall arrange an pre-application conference with the appropriate Town staff, for the purpose of reviewing the application for conformity with Town policies. 3.5. If, following the pre-application conference or any other time during the application process Town staff requests additional information, the applicant shall provide any and all supplemental information requested. 3.6. After analysis of an application as supplemented, Town staff, under the direction of the Finance Officer, may prepare a report including recommendations relating to the CFD and an analysis of the impact of the formation of the CFD and its effects on the Town. This report may provide a recommended disposition of the application and any additional requirements that will be placed on the developer/landowner and the CFD. CFD Policy Guidelines & Application Procedures Adopted 5/21/97 Resolution No. 97-42 Amended 11/5/04 Town of Marana, Arizona 3.7. 3.8. 3.9. If all costs billed or available to the Town have been paid by the applicant by a date at least seven (7) days prior to the date of the meeting of the council at which the application is to be considered and if the application meets the qualifications provided herein, the application, along with any report and recommendations by Town staff, will be forwarded to the Town Council. If the Town Council approves an application for formation of a CFD, the applying developer/landowner and the staff of the Town shall coordinate a schedule of events for formation of the CFD and shall negotiate an appropriate agreement between the Town and the developer/landowner which shall be entered into prior to formation of the CFD, which shall incorporate the requirements of any report, recommendations of the Town staff relating to such CFD, the requirements of these policy guidelines and any other restrictions, provisions and agreements required by the Town. In the event a CFD is not formed within eight months from the original date of submittal due to the Applicant's failure to provide requested information or to further the application process, the original application shall be deemed dormant. Attempts to revive a dormant application shall follow the same process and procedures as an original application, including payment of all application fees. ARTICLE 4. CFD Operations and Debt Financing 4.1. Upon formation of a CFD the developer/landowner shall deposit with the CFD a non- refundable administrative expense fee in the amount of $50,000.00. The administrative expense fee shall be applied by the CFD to the costs and expenses incurred in connection with the formation, review of any feasibility study, election costs, administration, operation and maintenance of the CFD or its public improvements. From time to time, upon depletion of the administrative expense fee, the CFD may request, and the developer/landowner shall promptly deposit with the CFD, additional $25,000.00 deposits to be applied to the purposes contemplated in this Section 4.1. 4.2. In order to provide for the CFD to be self-supporting for its administrative, operation and maintenance expenses the Town and the CFD, unless otherwise agreed, will require the imposition of a $.30 per 100 of assessed value ad valorem tax upon the CFD taxable property. Failure to impose such tax will relieve the Town and the CFD from undertaking any obligations or operations. 4.3. In connection with any request for debt financing, applicant shall provide a current appraisal of the fair cash market value of the property within the proposed CFD which is to be taxed or assessed, prepared by a person who is designated as a Member Appraisal Institute ("MAI") and a certified general real estate appraiser (such person hereafter referred to as an "MAI Appraiser"), such appraisal to be in form and substance acceptable to the Town, in its sole discretion. Generally, the appraisal shall be based on the wholesale, bulk sale of the property in the CFD. CFD Policy Guidelines & Application Procedures Adopted 5/21/97 Resolution No. 97-42 Amended 11/5/04 Town of Marana, Arizona 4.4. 4.5. 4.6. The amount of debt of a CFD may not have any substantial direct or indirect negative impacts on the debt or financing capabilities of the Town, and second, that the debt imposed on the CFD not impose an unreasonable financial burden on future CFD residents. General obligation bonds of the CFD are secured by an ad valorem tax on all taxable property located within the CFD. An applicant for general obligation bonds should describe in each project feasibility report the following: a. The current direct and overlapping tax and assessment burden on the taxable property that is proposed to be taxed and the full cash value and assessed valuation of the taxable property as shown on the most recent assessment roll. b. The amount and timing of CFD general obligation bonds to be issued. c. The expected market absorption of development within the CFD. d. The effect of the CFD bond issuance on CFD tax rates, calculated as of the beginning, midway through and at the end of the market absorption period or based on the phasing of the project to be financed, as applicable. e. Estimated savings, if any, to residents in the form of reduced sales prices which are projected to result from CFD financing. f. Any plan for subsidizing CFD tax rates. g. Whether the bonds will be publicly offered or privately placed. Publicly offered bonds must be rated in one of the four highest investment grade ratings from either Standard & Poor's Corporation, Moody's Investors Services, Inc., or other nationally recognized bond rating services. Privately placed bonds need not be rated; however, the purchases of such general obligation bonds must be "qualified institutional buyers" (as such term is defined in Rule 144A of the Securities Exchange Commission) and must agree not to resell the bonds except to "qualified institutional buyers" in a private placement, provided, however, that a purchaser of general obligation bonds in a private placement may sell the bonds in a public offering if the CFD board approves the public sale and the bonds have an investment grade rating. Revenue bonds shall be payable from a CFD revenue source. An applicant for revenue bonds must describe in each project feasibility report, the following: a. The current direct and overlapping tax and assessment burdens on the taxable property within the CFD and the full cash value and assessed valuation of that taxable property as shown on the most recent assessment roll. b. The revenue source from which bonds will be payable. The Town reserves the right to require the applicant to produce such independently prepared feasibility studies or reports as it deems necessary to confirm the amount and availability of revenues. c. The expected market absorption of development within the CFD. d. The amount and timing of CFD revenue bonds to be issued. e. The financial impact of the proposed issue(s) on prospective residents. CFD Policy Guidelines & Application Procedures Adopted 5/21/97 Resolution No. 97-42 Amended 11/5/04 Town of Marana, Arizona 4.7. 4.8. 5.1. CFD Policy Guidelines & Application Procedures Adopted 5/21/97 Resolution No. 97-42 Amended 11/5/04 f. Whether the bonds will be publicly offered or privately placed. Publicly offered revenue bonds must be rated in one of the four highest investment grade ratings from either Standard & Poor's Corporation, Moody's Investors Service, Inc., or other nationally recognized bond rating services. Privately place bonds need not be rated; however, the purchasers of such revenue bonds must be "qualified institutional buyers" and must agree not to sell the bonds except to "qualified institutional buyers" in a private placement, provided, however, that a purchaser of a revenue bond in a private placement may sell the bonds in a public offering if the CFD board approves the public sale and the bonds have an investment grade rating. Assessment bonds shall be secured by first lien (subject only to the lien for general taxes and prior special assessments) on the property benefited. Applicants for assessment bonds should describe in the application and in each project feasibility report, the following: a. The current direct and overlapping tax and assessment burdens on real property to comprise the CFD and the full cash value and assessed valuation of that property as shown on the most recent assessment roll. b. The amount and timing of CFD assessment bonds to be issued. c. The expected market absorption of development within the CFD. d. The assessment burden to be placed on prospective residents. e. Whether the assessment bonds will be publicly offered or privately placed. Publicly offered assessment bonds must be rated in one of the four highest investment grade ratings from either Standard & Poor's Corporation, Moody's Investors Service, Inc., or other nationally recognized bond rating services or in an unrated public offering, an appraisal of the land to be encumbered, prepared by an MAI Appraiser and in form and substance acceptable to the CFD board, in its sole discretion, shall indicate a land value (prior to any private or public improvements being installed) to debt ratio of at least 6 to 1 prior to the issuance of debt. Privately placed bonds need not be rated; however the purchasers of such assessment bonds must be "qualified institutional buyers" who must agree to hold the bonds for their own account or agree not to sell the bonds except to "qualified institutional buyers." Further, in connection with the sale ofunrated privately placed assessment bonds, the CFD board must have received an appraisal of the land to be encumbered, prepared by an MAI Appraiser and in form and substance acceptable to the Town, in its sole discretion, indicating a land value (prior to any improvements being installed) to debt ratio of at least 4 to 1 as of a date prior to the issuance of debt. Notwithstanding the restrictions pertaining to public sales and private placements of the bonds set forth in this Article 4, the restrictions may be modified if other financing structures are presented which, in the sole discretion of the CFD board, provide other means to address CFD concerns. ARTICLE 5. Financing Considerations The applicant or developer/landowner shall provide at least $0.25 in infrastructure or community improvements for each $1.00 of debt to be issued by a CFD to finance public Town of Marana, Arizona 7 5.2. 5.3. 5.5. 5.6. infrastructure purposes. If agreed to by the CFD, prior infrastructure and community improvements constructed or acquired by the applicant or the developer/landowner and benefiting the property within the CFD may be included in calculating the applicant's or developer/landowner's compliance with this Section 5.1. If allowed by law, all bond issues shall include a debt service reserve fund in an amount acceptable to the CFD board. Privately placed bonds shall have minimum authorized denominations of $100,000. A general obligation bond authorization for a CFD shall expire no later than seven (7) years from the date of voter authorization. The applicant, developer/landowner (or such other third party acceptable to the Town and CFD), for any CFD bonds, shall indemnify the Town and the CFD and their agents and employees and shall hold the Town and the CFD and their agents and employees harmless for, from and against any and all liabilities, claims, costs and expenses, including attorneys' fees, incurred in any challenge or proceeding to the formation, operation, administration of the CFD, the offer and sale of CFD bonds, the levying by the CFD of any tax, assessment or charge and the operation and maintenance of public infrastructure financed or owned by the CFD. Unless otherwise provided to the Town pursuant to other requirements, prior to CFD financing and acquisition by the CFD or Town, the CFD or Town will require an independent environmental report or assessment of any real property which will be dedicated to or otherwise owned, leased or operated by the Town or the CFD and a proposed form or indemnity agreement with respect to all environmental law liability. CFD Policy Guidelines & Application Procedures Adopted 5/21/97 Resolution No. 97-42 Amended 11/5/04 Town of Marana, Arizona TOWN COUNCIL MEETING TOWN OF MARANA INFORMATION MEETING DATE: November 16, 2004 AGENDA ITEM: IX. B. 1 TO: FROM: SUBJECT: MAYOR AND COUNCIL Frank Cassidy, Town Attorney Resolution No. 2004-153: Relating to Real Estate; approving and au- thorizing the Mayor to execute the Beacon Hill Communications Site Lease and Settlement Agreement; and declaring an emergency. DISCUSSION The Welter family owns Beacon Hill, the peak west of Continental Ranch where the Marana Po- lice Department (MPD) radio repeater site has been located since about 1993. Until 1999, the Town paid Nextel and its predecessor company $780 per month to operate the MPD communica- tion system. In 1999, Nextel ceased operating MPD's communication system and donated the equipment then being used by MPD to the Town. From 1999 to now, the MPD repeater site has remained on Beacon Hill without a formal lease and without compensation to the Welters. The Town is now replacing the MPD communications system with a new state-of-the-art Mo- torola system, and needs to make substantial improvements to the Beacon Hill storage building that will house the system. Before doing so, the Town needs to formalize its Beacon Hill lease with the Welters. This proposed Beacon Hill Communications Site Lease and Settlement Agreement formalizes the Town's Beacon Hill lease, and settles any possible back rent claim the Welters may have for the period the Town was using the property without a formal lease. Unfortunately, formalization of the Town's Beacon Hill lease will force MUSD to make direct formal arrangements with the Welters concerning MUSD's radio equipment, which has until now been housed on Beacon Hill with MPD's communications equipment. This lease does not permit the Town to sublease any portion of the site to third parties, including MUSD. Assuming that appropriate arrangements can be made among the Welters, MUSD, and the Town, it may be possible for the MUSD communications equipment to continue to be housed with the MPD com- munications equipment, but with no financial payment to the Town. RECOMMENDATION Staff recommends adoption of Resolution No. 2004-153, approving and authorizing the Mayor to execute the Beacon Hill Communications Site Lease and Settlement Agreement. SUGGESTED MOTION I move to adopt Resolution No. 2004-153. [00000309.DOC / 3] FJC/cds 11/5/04 MARANA RESOLUTION NO. 2004-153 RELATING TO REAL ESTATE; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE BEACON HILL COMMUNICATIONS SITE LEASE AND SETTLEMENT AGREEMENT; AND DECLARING AN EMERGENCY. WHEREAS, since approximately 1993, Marana Police Department ("MPD") communication equipment has continuously been located on Beacon Hill, located west of Continental Ranch; and WHEREAS, the Town has not had a formal agreement to locate the MPD communication equipment on Beacon Hill since 1999; and WHEREAS, the Town desires to execute a formal lease to allow the Town to install a new communication system on Beacon Hill and to compensate the owner of Beacon Hill for the Town's past use of the site without a formal lease; and WHEREAS, the Mayor and Council of the Town of Marana feel it is in the best interests of the public to enter into this lease. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Beacon Hill Communications Site Lease and Settlement Agreement, attached to and incorporated by this reference in this resolution as Exhibit A, is hereby approved, and the Mayor is hereby authorized to execute it for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that the Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the agreement. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 16th day of November, 2004. ATTEST: Mayor Bobby Sutton, Jr. APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney {00000308.DOC/} FJC/cds 11/05/04 Beacon Hill Communications Site Lease and Settlement Agreement THIS AGREEMENT is entered into by and between the TOWN OF MARANA, an Arizona municipal corporation ("Town") and THE WELTER FAMILY TRUST, a testamentary trust established in Pima County, Arizona ("Welter"). The Town and Welter are sometimes referred to collectively as the Parties. RECITALS A. Welter owns the parcel of land (the "Land") and communications tower (the "Tower") particularly described in paragraph 1 below. B. In 1993, the Town began paying Comtronix (which was later bought out by Nextel Communications) a monthly fee for the operation of the Marana Police Department ("MPD") communication system. C. In 1999, Nextel ceased operating MPD's communication system, and donated the equipment then being used by MPD to the Town. D. The MPD communication equipment has continuously been located on the Land since approximately 1993, when Comtronix placed MPD's radio communications repeater equipment within a small building on the Land (the "Building") and attached an antenna to the Tower. E. From 1999 to the date of this Agreement, the Town has not paid for a lease or sublease for the purposes of having its equipment located on the Land. F. The Town is in the process of replacing its MPD communications system with a new system. G. To accommodate the new MPD communications system, the Building needs to be substantially improved. H. Communications equipment owned by third parties is currently located in the Building, but like the Town none of these third parties has a current lease with Welter. I. Welter wants to control whose communications equipment is located on the Land and will therefore not permit the Town to sublease space within the Building to third parties. J. The Parties now desire to formalize a lease to allow the Town to refurbish and rebuild the Building, to allow MPD communications equipment to continue to be located in the Building, and to compensate Welter in settlement of Welter's claim to compensation for the Town's past use of the Building and the Tower. AGREEMENT NOW, THEREFORE, based on the foregoing Recitals, which are incorporated here by this reference, the Parties agree as follows: 1. Premises. The "Premises" that are the subject of this Agreement consist of all of the following: (a)the Building and the approximately 600 square feet of the Land where the {00000282.DOC / 2} 11/05/2004 12:07 PM TOWN OF MARANA/WELTER LEASE & SETTLEMENT AGREEMENT PAGE ] Building is located and a reasonable area immediately surrounding the Building to accommodate the Town Facilities (see paragraph 10 below, (b) antenna space on the Tower located on the Land, and (c)and all access and utility easements necessary or desirable for the use of the Building and the Tower for the installation and maintenance of the Town communication equipment. The Land is located in the northwest quarter of Section 17, Township 12 South, Range 12 East, Gila & Salt River Meridian, Town of Marana, County of Pima, State of Arizona, at the top of Beacon Hill, and more particularly identified as Pima County Assessor Tax Parcel No. 226-03-033B. 2. Lease. Welter hereby leases the Premises to the Town for a ten year period of November 1, 2004 through October 31, 2014. 3. Effective Date. This Agreement shall be effective on the date it is fully executed by the Parties (the "Effective Date"). 4. Settlement and Release. Welter hereby releases all claims of whatever nature for the Town's past use of the Land and/or the Premises, effective upon the Town's single lump sum payment of $22,400, which shall be paid within fifteen business days following the Effective Date. 5. Information. Upon Town's request, Welter agrees to provide promptly to Town copies of all plans, specifications, surveys and maps in Welter's possession relating to the Land, the Tower, and the elevation of all antennas on the Tower and the frequencies upon which each operates. 6. Rent. Within fifteen business days following the Effective Date and on the first day of each month thereafter, Town shall pay to Welter as rent Eight Hundred and no/100 Dollars ($800.00) per month ("Rent"). 7. W-9. Welter shall provide Town an accurate and executed W-9 Form. 8. Use. While this Agreement is effective, the Town may use the Premises for any lawful activity in connection with the provision of communications services necessary for the Town's municipal and governmental operations. The Town is not permitted to use the Premises to provide third-party communications services. 9. Cooperation. Welter shall cooperate with Town in making, at Town's expense, application for and obtaining all licenses, permits and any and all other necessary approvals that may be required for Town's use of the Premises in a manner consistent with paragraph 8 above. 10. Town Facilities. On the Premises, Town has the right to construct, erect, maintain, test, replace, remove, operate and upgrade Town's communications facilities, including without limitation utility lines, transmission lines, an air-conditioned equipment shelter (the Building), electronic equipment, transmitting and receiving antennas, a standby power generator, and supporting equipment and structures for all of the foregoing (all of which together are referred to as the "Town Facilities"). Town has the right to do all work necessary to prepare, maintain and alter the Premises for Town's communications operations and to install transmission lines connecting the antennas to the transmitters and receivers. All of Town's construction and installation work shall be performed at Town's sole cost and expense and in a good and {00000282.DOC / 2} 11/05/2004 12:07 PM TOWN OF MARANA/WELTER LEASE ~ SETTLEMENT AGREEMENT PAGE 2 workmanlike manner. Town shall hold title to the Town Facilities and all of the Town Facilities shall remain Town's personal property and are not fixtures. Town has the right to remove the Town Facilities at its sole expense on or before the expiration or earlier termination of this Agreement, and Town shall repair any damage to the Premises caused by that removal. Upon the expiration or earlier termination of this Agreement, Town shall remove the Town Facilities from the Land. 11. Utilities. Town shall pay for the electricity it consumes in its operations at the rate charged by the servicing utility company. Town shall have the right to draw electricity and other utilities from the existing utilities on the Property or obtain separate utility service from any utility company that will provide service to the Property. Welter agrees to sign such documents or easements as may be required by said utility companies to provide such service to the Premises, including the grant to Town or to the servicing utility company at no cost to the Town, of an easement in, over, across or through the Land as required by such servicing utility company to provide utility services as provided herein. Any easement necessary for such power or other utilities will be at a location acceptable to Welter and the servicing utility company. 12. Access. Town, Town's employees, agents and contractors shall have access to the Premises without notice to Welter 24 hours a day, seven days a week, at no charge. Welter grants to Town, and Town's agents, employees and contractors, a non-exclusive right and easement for pedestrian and vehicular ingress and egress across the Land as necessary to install and maintain the Town Facilities. If vehicular or utility access to the Land is blocked or interrupted, Welter shall cooperate with the Town in any legal action, at Town's expense, to re- establish the access. 13. Interference. a. Town shall operate the Town Facilities in compliance with all Federal Communications Commission ("FCC") requirements and in a manner that will not cause interference to Welter or other lessees or licensees of the Land whose installations predate the installation of the Town Facilities. b. Welter shall not, and shall not permit its lessees or licensees to, install new equipment on or make any alterations to the Premises or the Land that are likely to cause interference with the operation of the Town Facilities.. If interference occurs, Welter shall use best efforts to eliminate the interference within a reasonable period of time. 14. Taxes. If personal property taxes are assessed, Town shall be responsible for any portion of such taxes directly attributable to the Town Facilities. Welter shall pay all real property taxes, assessments and deferred taxes on the Property. 15. Waiver of Lien. Welter waives any lien rights Welter may have concerning the Town Facilities, all of which are deemed Town's personal property and not fixtures, and Town has the right to remove the same at any time without Welter's consent. 16. Termination. This Agreement may be terminated without further liability on thirty days' prior written notice as follows: (i) by either Party upon a default by the other Party of any covenant or term of this Agreement, which default is not cured within sixty days of receipt of {00000282.DOC / 2} 11/05/2004 12:07 PM TOWN OF MARANA/WELTER LEASE t~ SETTLEMENT.4 GREEMENT PAGE 3 written notice of default, except that this Agreement shall not be terminated if the default cannot reasonably be cured within such sixty-day period and the defaulting party has started to cure the default within the sixty day period and diligently pursues the cure to completion; provided that the grace period for any monetary default is ten days from receipt of written notice; or (ii) by Town if it is not reasonably able to obtain or maintain any license, permit or other approval necessary for the construction and operation of the Town Facilities; or (iii) by Town if Town is unable to occupy and utilize the Premises due to an action of the FCC, including without limitation a take back of channels or change in frequencies; or (iv) by Town if Town determines that the Premises are not appropriate for its operations for economic or technological reasons, including, without limitation, signal interference. 17. Destruction or Condemnation. If the Premises or Town Facilities are damaged, destroyed, condemned or transferred in lieu of condemnation, Town may elect to terminate this Agreement as of the date of the damage, destruction, condemnation or transfer in lieu of condemnation by giving notice to Welter no more than forty-five days following the date of such damage, destruction, condemnation or transfer in lieu of condemnation. 18. Insurance. Town, at Town's sole cost and expense, shall procure and maintain on the Premises and on the Town Facilities, bodily injury and property damage insurance with a combined single limit of at least One Million and 00/100 Dollars ($1,000,000.00) per occurrence. Such insurance shall insure, on an occurrence basis, against all liability of Town, its employees and agents arising out of or in connection with Town's use of the Premises, all as provided for in this Agreement. Welter, at Welter's sole cost and expense, shall procure and maintain on the Land, bodily injury and property damage insurance with a combined single limit of at least One Million and 00/100 Dollars ($1,000,000.00) per occurrence. Such insurance shall insure, on an occurrence basis, against all liability of Welter, its employees and agents arising out of or in connection with Welter's use, occupancy and maintenance of the Land. Each party shall be named as an additional insured on the other's policy. 19. Waiver of Subrogation. Welter and Town release each other and their respective principals, employees, representatives and agents, from any claims for damage to any person or to the Property or the Premises or to the Town Facilities or any other property thereon caused by, or that result from, risks insured against under any insurance policies carried by the parties and in force at the time of any such damage. Welter and Town shall cause each insurance policy obtained by them to provide that the insurance company waives all right of recovery by way of subrogation against the other in connection with any damage covered by any policy. Neither Welter nor Town shall be liable to the other for any damage caused by fire or any of the risks insured against under any insurance policy required by Paragraph 18 above. 20. Liability and Indemnity. Welter and Town shall each indemnify, defend and hold the other harmless from and against all claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' and consultants' fees, costs and expenses) (collectively "Losses") arising from the indemnifying party's breach of any term or condition of this Agreement or from the negligence or willful misconduct of the indemnifying party's agents, employees or contractors in or about the Land. The duties described in this paragraph shall apply as of the Effective Date of this Agreement and survive the termination of this Agreement. {00000282.DOC / 2} 11/05/2004 12:07 PM TOWN OF MARANA/WELTER LEASE & SETTLEMENT AGREEMENT PAGE 4 21. Assignment and Subletting. Town may not assign, or otherwise transfer, all or any part of its interest in this Agreement or in the Premises without the prior written consent of Welter. Welter may assign this Agreement, which assignment may be evidenced by written notice to Town within a reasonable period of time thereafter, provided that the assignee assumes all of Welter's obligations under this agreement. This Agreement shall be binding on and inure to the benefit of the successors and permitted assignees of the Parties. 22. Binding Effect. This Agreement shall run with the Land and shall be binding upon and inure to the benefit of the Parties, their respective successors, personal representatives, heirs and assigns. 23. Warranty of Title and Quiet Enjoyment. Welter warrants that: (i) Welter owns the Land in fee simple and has rights of access to it and the Land and improvements on it are free and clear of all liens, encumbrances and restrictions except those of record as of the Effective Date; and (ii) Welter covenants and agrees with Town that Town may peacefully and quietly enjoy the Premises, provided that Town is not in default under this Agreement after notice and expiration of all cure periods. 24. Repairs. Town shall repair any damage to the Premises or the Land caused by the negligence or willful misconduct of Town. Upon expiration or termination of this Agreement, Town shall repair the Premises and the Land to substantially the condition in which it existed on the Effective Date, reasonable wear and tear and loss by casualty or other causes beyond Town's control excepted. 25. Hazardous Material. a. As of the Effective Date of this Agreement: (1) Town hereby represents and warrants that it has not and shall not use, generate, handle, store or dispose of any Hazardous Material in, on, under, upon or affecting the Land in violation of any Environmental Law (as defined below), and (2) Welter hereby represents and warrants that (i) Welter has no knowledge of the presence of any Hazardous Material located in, on, under, upon or affecting the Land in violation of any Environmental Law; (ii) no notice has been received by or on behalf of Welter from, and Welter has no knowledge that notice has been given to any predecessor in interest of the Land, by any governmental entity or any person or entity claiming any violation of or requiring compliance with any Environmental Law for any environmental damage in, on, under, upon or affecting the Land; and (iii) Welter will not permit itself or any third party to use, generate, handle, store or dispose of any Hazardous Material in, on, under, upon, or affecting the Land in violation of any Environmental Law. b. Without limiting paragraph 20 above, Welter and Town shall each indemnify, defend and hold the other harmless from and against all Losses arising from (i) any breach of any representation or warranty made in this paragraph 25 by such Party; and/or (ii) environmental conditions or noncompliance with any Environmental Law (as defined below) that result, in the case of Town, from operations in or around the Land by Town or Town's agents, employees or contractors, and in the case of Welter, from the ownership or control of, or operations in or around, the Land by Welter or Welter's predecessors-in- interest, and their respective agents, employees, contractors, owners, guests or other parties. {00000282.DOC / 2} 11/05/2004 12:07 PM TOWN OF MARANA/WELTER LEASE (~ SETTLEMENT AGREEMENT PAGE 5 The duties described in this paragraph 25 shall apply as of the Effective Date of this Agreement and survive termination of this Agreement. c. "Hazardous Material" means any solid, gaseous or liquid wastes (including hazardous wastes), regulated substances, pollutants or contaminants or terms of similar import, as such terms are defined in any Environmental Law, and shall include, without limitation, any petroleum or petroleum products or by-products, flammable explosives, radioactive materials, asbestos in any form, polychlorinated biphenyls and any other substance or material which constitutes a threat to health, safety, property or the environment or which has been or is in the future determined by any governmental entity to be prohibited, limited or regulated by any Environmental Law. d. "Environmental Law" means any and all federal, state or local laws, rules, regulations, codes, ordinances, or by-laws, and any judicial or administrative interpretations thereof, including orders, decrees, judgments, rulings, directives or notices of violation, that create duties, obligations or liabilities with respect to: (i) human health; or (ii) environmental pollution, impairment or disruption, including, without limitation, laws governing the existence, use, storage, treatment, discharge, release, containment, transportation, generation, manufacture, refinement, handling, production, disposal, or management of any Hazardous Material, or otherwise regulating or providing for the protection of the environment. 26. Miscellaneous. a. This Agreement constitutes the entire agreement and understanding between the Parties, and supersedes all offers, negotiations and other agreements concerning the subject matter of this Agreement. Any amendment to this Agreement must be in writing and executed by both Parties. b. Both Parties represent and warrant that their use of the Land and their personal property located on it is in compliance with all applicable, valid and enforceable statutes, laws, ordinances and regulations of any competent government authority. c. If any provision of this Agreement is invalid or unenforceable with respect to any Party, the remainder of this Agreement or the application of such provision to persons other than those as to whom it is held invalid or unenforceable, shall not be affected and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. {00000282.DOC / 2} 11/05/2004 12:07 PM TOWN OF MARANA/WELTER LEASE & SETTLEMENT AGREEMENT PAGE 6 d. Any notice or demand required to be given under this Agreement shall be made by certified or registered mail, return receipt requested, or reliable overnight courier to the address of the respective parties set forth below: Welter: Town: c/o Bill Welter 2341 S Calle Mesa del Oso Tucson, Arizona 85748 Town of Marana 13251 N. Lon Adams Road Marana, AZ 85653 Attn: Anthony Casella Phone: 520-382-2500 With a copy to: Marana Town Attorney 13251 North Lon Adams Road Marana, Arizona 85653-9723 Welter or Town may from time to time designate any other address for this purpose by written notice to the other Party. All notices under this Agreement shall be deemed received upon actual receipt. e. This Agreement shall be governed by the laws of the State of Arizona. f. This Agreement shall be recorded by and at the expense of the Town in the office of the Pima County Recorder. g. If the Land is encumbered by a mortgage or deed of trust, Welter agrees to obtain and deliver to Town an executed and acknowledged non-disturbance and attornment instrument for each such mortgage or deed of trust in a recordable form reasonably acceptable to both parties. h. Welter agrees to fully cooperate, including executing necessary documentation, with Town to obtain information and documentation clearing any outstanding title issues that could adversely affect Town's interest in or right to use the Premises created by this Agreement. i. In any case where the approval or consent of one Party is required, requested or otherwise to be given under this Agreement, such Party shall not unreasonably delay or withhold its approval or consent. j. Each of the Parties represent and warrant that they have the right, power, legal capacity and authority to enter into and perform their respective obligations under this Agreement. k. The captions and headings in this Agreement are for convenience only and in no way define, limit or describe the scope or intent of any provision of this Agreement. {00000282.DOC / 2} 11/05/2004 12:07 PM TOWN OF MARANA/WELTER LEASE & SETTLEMENT AGREEMENT PAGE 7 1. This Agreement may be executed in duplicate, each of which shall be deemed an original, and may be executed in counterparts with multiple signature pages being attached together to form a single document. m. This Agreement is subject to the provisions of A.R.S. § 38-511, which provides for cancellation of contracts by government entities in certain instances involving conflicts of interest. n. Nothing in this Agreement shall interfere with the Town's right or ability to comply with all obligations imposed by law on Arizona municipalities. o. Welter shall be responsible for compliance with all marking and lighting requirements of the Federal Aviation Administration ("FAA") and the FCC. Should Town be cited because the Tower, the Premises or the Land is not in compliance and should Welter fail to cure the conditions of noncompliance, Town may either terminate this Agreement or proceed to cure the conditions of noncompliance at Welter's expense, which amounts may be deducted from the Rent. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date of the last signature below. THE TOWN OF MARANA, an Arizona municipal corporation THE WELTER FAMILY TRUST, a testamentary trust By: By: Its: Its: Date: Date: ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney {00000282.DOC / 2} 11/05/2004 12:07 PM TOWN OF MARANA/WEL TER LEASE & SETTLEMENT A GREEMENT PAGE 8 STATE OF ARIZONA ) ) SS.: COUNTY OF PIMA ) The foregoing instrument was acknowledged before me this __ day of ., 2004, by , on behalf of The Welter Family Trust. Seal Notary public {00000282.DOC / 2} 11/05/2004 12:07 PM TOWN OF MARANA/I/VELTER LEASE & SETTLEMENT A GREEMENT PAGE- 9 - TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: November 16, 2004 AGENDA ITEM: IX. B. 2 TO: FROM: SUBJECT: MAYOR AND COUNCIL Frank Cassidy, Town Attorney Ordinance No. 2004.22: Relating To Real Estate; approving an ex- change of real property located along the Santa Cruz River in north- west Marana; authorizing the Mayor to execute an agreement with the Pima County Flood Control District and any deeds and other docu- ments necessary to accomplish the exchange; and declaring an emer- gency. DISCUSSION This item proposes to exchange 102.9 acres of Town-owned land in the Santa Cruz River includ- ing the levee and 50 feet on top of the levee to the Pima County Flood Control District in ex- change for 54.1 acres of Pima County Flood Control District owned land located behind the levee. This exchange is intended to assemble lands on the top of the bank for the Town's use as a linear park and to consolidate Flood Control District owned lands within the Santa Cruz River. Although the Flood Control District will receive nearly twice as much land as the Town, Town staff believes that the values of the land are substantially the same. The lands the Flood Control District is receiving consist primarily of river bottom and the lands the Town is receiving are be- hind the new flood control levee. Staff has not ordered appraisals for the specific properties be- ing exchanged. Appraisals of the entire parcels of which the exchanged pieces are a part (which also included portions of the parcels that are not the subject of this exchange) indicated that the value of the lands the Town is exchanging to the Flood Control District exceed the values of the lands the Town is receiving in exchange. Instead of spending money to appraise the specific parcels being exchanged, staff has made the common sense assumption that river bottom land is likely worth about half the value of land protected by the levee. RECOMMENDATION Staff recommends adoption of Ordinance No. 2004.22 authorizing the Mayor to execute the ex- change agreement with the Pima County Flood Control District. SUGGESTED MOTION I move to adopt Ordinance No. 2004.22. {00000364.DOC/} F, JC/cd$11/09/2004 11:48 AM MARANA ORDINANCE NO. 2004.22 RELATING TO REAL ESTATE; APPROVING AN EXCHANGE OF REAL PROPERTY LOCATED ALONG THE SANTA CRUZ RIVER IN NORTHWEST MARANA; AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE PIMA COUNTY FLOOD CONTROL DISTRICT AND ANY DEEDS AND OTHER DOCUMENTS NECESSARY TO ACCOMPLISH THE EXCHANGE; AND DECLARING AN EMERGENCY. WHEREAS, the Town of Marana and the Pima County Flood Control District ("Dis- trict'') own various properties located along the Santa Cruz River in northwest Marana; and WHEREAS, the District has constructed a flood control levee along the north bank of the Santa Cruz River in northwest Marana; and WHEREAS, the Town desires to consolidate land holdings located north of the new flood control levee for purposes of owning and constructing a public river park and related amenities; and WHEREAS, the District desires to consolidate its ownership of land located south of the flood control levee for flood control purposes; and WHEREAS, the Town and the District desire for the Town to transfer three parcels of property located south of the flood control levee to the District in exchange for two parcels of District-owned land located north of the flood control levee; and WHEREAS, the parcels being exchanged are of substantially equal value. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, AS FOLLOWS: SECTION 1. The exchange of lands as set forth in the document entitled "Agreement be- tween the Town of Marana and the Pima County Flood Control District Relating to the Exchange of Land along the Santa Cruz River" (the "Exchange Agreement") presented to the Mayor and Council concurrently with this Ordinance and attached as Exhibit A is hereby approved. SECTION 2. The Mayor is hereby authorized to execute the Exchange Agreement and any and all documents necessary or desirable to carry out the Town's obligations under the Ex- change Agreement. SECTION 3. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this ordinance. {00000358.DOC/} 1 FJC/cds 11/5/04 SECTION 4. BE IT FURTHER ORDAINED THAT since it is necessary for the preser- vation of the peace, health and safety of the Town of Marana that this ordinance become imme- diately effective, an emergency is hereby declared to exist, and this ordinance shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 16th day of November, 2004. Mayor Bobby Sutton, Jr. ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney {00000358.DOC/} AGREEMENT BETWEEN THE TOWN OF MARANA AND THE PIMA COUNTY FLOOD CONTROL DISTRICT RELATING TO THE EXCHANGE OF LAND ALONG THE SANTA CRUZ RIVER THIS AGREEMENT ("Agreement") is made and entered into by and between THE TOWN OF MARANA, an Arizona municipal corporation (the "Town") and the PIMA COUNTY FLOOD DISTPdCT (the "District"). The Town and the District are sometimes collectively referred to as the "Parties," and each is sometimes individually referred to as a "Party." RECITALS A. The Town and the District own various properties located along the Santa Cruz River in northwest Marana. B. The District has constructed a flood control levee along the north bank of the Santa Cruz River in northwest Marana. C. The Town desires to consolidate land holdings located north of the new flood control levee for purposes of owning and constructing a public riverpark and related amenities. D. The District desires to consolidate its ownership of lands south of the flood control levee for flood control purposes. E. The Parties desire for the Town to transfer three parcels of property located south of the flood control levee to the District in exchange for two parcels of District-owned land located north of the flood control levee. F. The parcels being exchanged are of substantially equal value. G. The Town is authorized to exchange land pursuant to A.R.S. § 9-407. H. The District is authorized to exchange land pursuant to A.R.S. § 48-3603 (C). AGREEMENT Now, THEREFORE, in consideration of the foregoing premises and the mutual covenants set forth in this Agreement, the Parties hereby agree as follows: 1. Exchange of land. The Parties will complete the following exchange of land not later than November 30, 2004: (A) The Town to the District. The Town shall quit claim to the District the parcels par- ticularly described in Exhibit A, Exhibit B, and Exhibit C. {00000238. DOC / 4] Marana/Pima County Santa Cruz River Land Exchange - 1 - 11/05/2004 3:39 PM (B) The District to the Town. The District shall quit claim to the Town the parcels par- ticularly described in Exhibit D and Exhibit E. 2. Environmental representations. With respect to the property owned by it and being con- veyed to the other party pursuant to this Agreement, each party hereby represents and warrants that, to the best of that Party's knowledge, no pollutants, contaminants, toxic or hazardous sub- stances, wastes or materials have been stored, used or are located on the property or within any surface or subsurface waters of the property; that no underground tanks have been located on the property; that the property is in compliance with all Federal, State, and local environmental laws, regulations and ordinances; and that no legal action of any kind has been commenced or threat- ened with respect to the property. 3. Environmental inspection rights. Each Party shall permit the other to conduct such in- spections of the property as deemed necessary to determine the environmental condition of the property. If the investigations reveal contamination that exceeds what is allowed under applica- ble environmental laws and regulations, then the Party to whom the property is to be conveyed may terminate this Agreement. 4. Notices. All notices, requests and other communications under this Agreement 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: TOWN OF MARANA 13251 N. Lon Adams Road Marana, Arizona 85653-9723 (520) 682-3401 Fax (520) 682-9026 (Fax) If to the District: Pima County Administrator 130 W. Congress Tucson AZ 85701 (520) 740-8751 (520) 740-8171 (Fax) All notices shall be deemed given when delivered or transmitted by facsimile or, if mailed as provided above, on the second day after the day of mailing, and if sent by overnight courier, on the next day after the date of deposit with the courier. Any party may change its address for the receipt of notices at any time by giving written notice thereof to the other parties in accordance with the terms of this section. The inability to deliver notice because of a changed address of which no notice was given, or rejection or other refusal to accept any notice, shall be deemed to {00000238.DOC / 4} Marana/Pima County Santa Cruz River Land Exchange 2 11/05/2004 3:39 PM be the effective receipt of the notice as of the date of such inability to deliver or rejection or refusal to accept. 5. Brokers' commissions and fees. The Town and the District warrant, each to the other, that there are no fees or commissions owing to any broker or other person for bringing about the exchange contemplated by this Agreement. The Party under whom any claim to a broker or finder fee, commission or other compensation is made in connection with this transaction shall indemnify and hold harmless the other Party from and against the claim and all costs, attorneys' fees, witness fees, and other expenses and liabilities incurred in connection with it. 6. Miscellaneous. (A) This Agreement may not be modified except in a writing signed by the Parties. (B) Time is of the essence of this Agreement. (C) This Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona, and any lawsuit to enforce any provision of this Agreement or to obtain any remedy with respect to this Agreement shall be brought in the Pima County Superior Court, and for this purpose the Parties expressly and irrevocably consent to the jurisdiction of the Pima County Superior Court. (D) If either of the Parties fails to perform any of its obligations under this Agreement or if a dispute arises concerning the meaning or interpretation of any provision of this Agreement, 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 Agreement, including, without limitation, court costs and reasonable attorneys' fees. (E) The captions and section numbers appearing in this Agreement are inserted only as a matter of convenience, and do not define, limit, construe or describe the scope or in- tent of such sections or articles of this Agreement. (F) This Agreement may be executed in multiple counterparts, each of which shall, for all purposes, be deemed an original and all of which, taken together, shall constitute one and the same agreement. (G) This Agreement 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 Agreement shall in any way relieve the assignor of its obligations under this Agreement. (H) This Agreement is subject to A.R.S. § 38-511, which provides for cancellation of contracts in certain instances involving conflicts of interest. (I) Exhibits referred to in this Agreement are attached to and incorporated by refer- ence as if set forth in full in this Agreement. {00000238. DOC / 4} Marana/Pima County Santa Cruz River Land Exchange 3 11/05/2004 3:39 PM IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the last date set forth below their respective signatures. TOWN: DISTRICT: TOWN OF MARANA, an Arizona municipal corporation PIMA COUNTY FLOOD CONTROL DISTRICT, a political taxing subdivision of the State of Arizona By: Date: Bobby Sutton, Jr., Mayor By: Sharon Bronson, Chair of the Board Date: ATTEST: ATTEST: Jocelyn C. Bronson, Town Clerk Lori Godoshian, Clerk of the Board APPROVED AS TO FOP, M: APPROVED AS TO FORM: Frank Cassidy, Town Attorney Deputy County Attorney {00000238.DOC / 4} Marana/Pima County Santa Cruz River Land Exchange 4 11/05/2004 3:39 PM TOWN OF MARANA PARCEL 2A . A portion of the southwest quarter o:f the northeast quarter of Section 33, Township 1 i South, Range 11 East, Gila and Salt River Meridian, Pima County, Arizona; Said parcel being more particularly described as follows;-. COMMENCING at the east quarter comer of said Section 33, said comer being a found ½" rebar without a tag; THENCE South 89o40'56'' West, 1774.12 feet along the south line of said northwest quarter to the POINT OF BEGINNING, said point being a set ½" rebar tagged "RLS 16555"; THENCE continuing South 89o40'56'' West, 207.46 feet to the southwest comer of the southiast quarter of the southwest quarter Of said northeast quarter of Section 33, said corner being a found ½" rebar tagged "R.L.S. 22759"; THENCE continuing South 89040'56'' West, 63.14 feet (measured, 63.'I 5 f~et record) to a found ½" rebar tagged "R.L.S. 22759"; THENCE North 30000' 17" West, 373.40 feet to a set W' rebar tagged "RLS 16555"; THENCE South 54°51'46'' East, 559.23 feet to the POINT OFBEGINNiNG. The above described parcel contains an area of 1.01 acres, more or less. HDR/Jehnson Britt-in. 378 N Main Avenue Tucson. A2. 85701-8222 IR~one: {529) 628-3636 Fax: i520) 882-2922 Exhibit A LEGEND 1/2" Rebar ~fogged "RLS 16555" F-nd. 2" Open P/pe "~. North Half o o~ Car. S~c. 33 Found 1/2" Rebar "~L $ 1 ~$55" Sec. 35 ~ , ,\Y/// 217-49-013E Town Of Marana S 89'40'56 /--xs f. H'andrq# Fnd. 1/2" Rebar-No 7bg At L: 1,/4 Cot. Sec. 53 ~\ 17.74. 12' S 89'40~6"W Point Of South Half Sec. 33 i',,"/27.,','.;'/×;,I =~/r.~o/. Parcel No. 2A Acres +/-) $co~[e: 100' $CkT~ BRITT^IN OF S~CTION 33 ~ G & S.R.ld., PI~ CO., 3.7, TOWN 0¥ ~lqA PRO ERTY TOWN OF MARANA PARCEL 4A · · A porti0h of Blocks A, B, C and .D Of Gladden Farms,' Blocks I thru 25 and A thru F, being a . subdivision of the east half of the nOrtheast qfiartef of. section 33 and Section.34, Township 11 "South, Range 11. East, Gila and Salt River Meridian, Pima County, Arizona, according to the plat· · thereof at the pima CoUnty Recorders Office at' Book 55, Page 60 of Map's and PlatS.' "Said parcel be!ng more'particularlydescribed as. follows;.. COMMENCING at' the southwest comer of said Section 34, Said corner being a found 2" aluminum ~apped rebar stamped "WLB R.L.S. 12214" and the POINT OF BEGINNING; THENCE North 0°07'28'' West, 1393.34 feet al6ng the west line of the southwegt quarter of Said Section 34 ioa set ½" rebar tagged "RLS 16555"; from said point the west quarter comer of said Section 34 bears North'0°07'28;"West, 1260'.35 feet, said west quarter comer being a found ½" rebar without a tag; "-' · - '.THENCE South 54°51'46'' East, 34..75 feet tO a set ½" reba~: tagged. "RLS 16555";' .THENCE S~)uth 56614'59'', 1}50.65 feet to a point Of Curvature on ~ tangent .curve concave' to the northeast, said point being a set ½" rebar tagged "RLS i6555"; ' ' ' : THENCE southeasterlyalong the-arc of said cu~e to the left, having a radius of 9,800.00 feet,. through a. central angle, of 11 °55'43", :for an arc length ,of 2040.31 'feet to a poin~ of tangenky, .. said point bei.rig a se~ ½" rebar tagged "P,/~ 16555"; .. " "THENCE South 68°'10'~3'' East, 868j99 feet to'the south line. of the southeast quarter of. said Section 34 to a Set: ½'" rebar tagged ,,RLS 16555", from Said point the southeast comer, of.. said .. Section bears North 89°45'35''. East, 2504'.06 ~'eet,' said comer being a found-½", rebar tagged "Pima County 3. Hwy Dept"; . . THENCE South 89°45~35'' West, 131'.86 feet along said 'south line to ithe s0uth..quarter comer; said comer.being.a found P.K..n. ail; .. ·. THENCE Sohth 89o45,3t,,.west, '2635.65 feet al0~g the south line of the southwest quarter of " Said Section 34 tO the' POINT OF BEGINNING. :~'. ... HDR/Jobnson Brittain ' 37B N Main Avenue Tucson. AZ B5701-9222 Phone: [5201628-3636 Fax: 1520~ 882-2922 w~'.hdriqc.com Exhibit B The' abov~ described parcel contmns an area of 39.59 acres, more 0r'less. The above" described parcel is subject to alt matters of record shown upon the plat of Said Gladden Farms. including .that portion of established Sandario Road according to proceedings No. 705 and adcording to that map at'the Pima COunty Recorders Office at Book 5, Page 84 of Road MaPS which is'included in the stated 'acreage. 54.75' '"'" 54'51'46"E ' 60.65 .... LEOEND O--Set 1/2" Rebor Togged "RLS 16555" ®=Found Survey Monument As Described Cladden Farms 2635. 65' Poin~ Of Beg(nning Found 2" ACP ?ELS' !221~ ~-'~B A~ S'.L: Cot. Sec. 33 Found P.K. iVafi / ?/4 Cot. gec. '~'~ N. W. 1/4 Sec. (59.59 Acres +~-) BRITTAIN :.~ ~ 65P4A. DWC ROLLINS & ASSO(;IATES, tLC 5310 E. PI?DA S~'Rg!-T rLKSG~, ARIZO~q 85712 520-321-971~0 S20-321-9719 CFAX) Job No. 98-113-1R LEGAL DESCRIPIION December 28, 1998 PREPARED FOR: Granite Construction Company BY: ROLLINS k ASSOCIATES, LLC Legal description for that part of the Southwest one-quarter of Section 1, TWP 12 S, RNG 1! E to be dedicated to a riparian habitat. All that of the North one-half of the Southwest one-quarter of Section I, Township 12 South, Range ~I Eastz Gila and Salt River Meridian, Pima County, ~rizona lying Southerly of the following described line: COMMENCING at the West one-quarter corner of said Section I, thence South O0 degrees, 34 minu~es, 52 seconds East along the West line of said section 1 a distance of 139.13 feet to the POINT OF BEGINNING; thence North 89 degrees~ 25 minutes~ 50 seconds East a distance cf 97.22 feet to a POINT of CURVATURE to the right; thence Southeasterly along the a~c of a curve having a radtus of 6960.96 feet, through a central angle of 21 degrees, 27 minutes, 08 seconds, a distance of 2606.27 feet to the £ast line of said Southwest one-quarter and the END OF- THE LINE. Containing 2,715,900 square feet or 62.349 acres. This 1.egal description~Ja~r...itten under my ~upervi~ion. F. A. Roi. , . i ! Exhibit C N NO SCALE .'"--SEO i o 7/4 CORIVEP, SEO IYEI, Y zEIPAI~IAN /'iAB/?A T DRAH4NO TO AOCOMPANY A LEGAL DESORIPT/ON FOR A R/PARIAN HABITAT IN SEO 1, TWP 12 S, RNG 11 E, G/LA AND SALT RIVER MERIDIAN, P/MA COUNTY;, ARIZONA 98- 17.7- TOWN OF MARANA PROPOSED PARCEL A portion of the north half of Section 33, Township 11 South, Range 11 East, Gila and Salt River Meridian, Pima County; Arizona. Said parcel being more particularly described as follows; COMMENCING at the west quarter comer of said Section 33, said comer being a found 2" open pipe; THENCE North 0o34'34'' West,' 1321.02 feet along the west line of said north half, from said point of tile northwest comer of said Section 33 bears North 0°34'34"West, 1321.02 feet, said northwest comer being a found 3" brass disk in hand hole stamped "T.O.M.R.L.S. 18552"; THENCE Nbrth 89041'26" East, 400.00 feet (measured and record) along the south line of the northwest quarter of the northwest quarter of said section 33; THENCE North 0°34'34" West parallel with the west line of the northwest quarter of said Section 33, 91.07 feet to the POINT OF BEGINNING, said point being a set ½' rebar tagged "RLS 16555"; THENCE continuing North 0°34'34'' West'along said parallel line 63.93 feet, to a set 1/2" rebar tagged ':RLS 16555"; THENCE North 89041'26" East parallel with the south line of the northwest quarter of the northwest quarter of said section 33, 172.17 feet to a point on a non-tangential Curve with a local radial bearing of North 18o10'06" West, concave to the north, said point being a set 1/2" rebar tagged "RLS .16555"; THENCE easterly along the arc of said curve to .the left having a radius of 1666.85, through a central angle of 1~09'37', for an arc. length of 33.76 feet to a point of tangency, said point being a set ¼" rebar.tagged "RLS 16555"; THENCE North.70°40' 17" East, 16.64 feet to a set tagged "RLS 16555"; THENCE North 0o34'34'' West parallel with the west line if the northwest quarrel: of said Section 33, 158.53 feet. to a point from which a found 1 ½" aluminum Capped pin with punch at the intersection of Honea Drive with Sandy Street bears South 89°41 '07" West, 190.02 feet, said streets established by the plat' of Honea Heights at the Pima County Recorders Office at Book 12 Page 58 of Maps and Plats; HDR/3oknsoD nrittaia 371t N Main Avenue l'ucsoo, AZ 85;'01-8222 Phone: (5201626-3635 Fax: 1520) BFZ-2922 www.hdrinc.com Exhibit D THENCE North. 89°41'07:' East, 726.44 feet· to a found 1 t)'2" aluminum capped pin with a punch at th.~ interSecti0n' of san. dy Street with Morgan Drive;' · THENCE North 89°40'52'' East,.696.46 feet (measured, 696.35 feet record) to a found railroad spike With cross ~ut at the intersection of Sandy.Street with Hector Drive; : .... · .THENCE North 89°41;32'' East, 242.64 feet to a set I/2" rebar tagged "RLS 16555", .from whiCh a f6und ~ailroad. spike With cross cut bears North 89°41'32" East,'347.48.feet; . . . ' THENCE South. 30°00'17" .East, 1526.45 feet to-a' set ~/2" rebax'tagged "RLS 16555", from Which h f°ufid ¼'~ reb~ ta~ged'/'R.L.S: 22759" bears South 300 00' 17". East, 373.;40 feet; .' THENCE North 54°51 '46" West, 580.98 feet'to a point'of curvature'on.fi.tangent curve conca3e' to the South,' said point being a set 1/2" r.ebar tag~,ed "RLS 16555"; .' 'THENCE wesierly, along the arc of Raid Curve to the'lea'having a radius Of 4'075.45 feet, through a central angle of 32042'08'; ~or. an arc length of. 2,324'.96 feet to the POINT DF BEGINNING.. The above described )ar~el Contains an area' of 24193 acres,'more.or tess. Ill ~ r~d. J" ~ross D,:sk II! : Hond Hole Stomped ~O.M ~'~ Fnd. J" Bros'$ D;sk In Hond Hole A~ N. ~ [S~omped "LO.M. BLS 18552" "" / A~ ~Z.W. Co~. Sec. ~ Moore Roqd ~ ~ ~ ,11 ~ N 70'~0'~7"E ~ ~ , · .i ~ ~ ~() 40~.00' ~ Po/n~ Of Bec , :~ ~=~.~5 ~=~ozz.~5' ~=~'0~'~7" ~=z2'~z'oa"  ~ L=J5.76' L=2524.96' .~orth Helf I ~F~d. 2" Op~, P¢~ South Heft Sec. /At ~t 1~4 Cot. sec. ~ Fnd. 1~2" Neb~r-No Tog LEGEND · =Set 1~2" Rebor Togged "RLS 16555" [/)",//C4 (24.9J Acres 500' SCkkg POR. OF THE NORTH HALF OF SECTION 33 TOWNSHIP 11 SOUTH RANGE 11 EAST G & S.R.M., PI~A CO., AZ. Z~-~w~.' FDA MAY 04 PROPOSED PARCEL 1 PIMA COUNTY PROPERTY ~J26~PLdw9 TOWN OF MARANA PARCEL 5 · A portion of.the northeast quarter ot~Section 3, Township 12 South, Range 11 East, Gila and Salt River Meridian Pima County, Arizona. Said Parcel being more particularly described as follows: COMMENCING at the northeast comer of said Section 3, said comer being a found l/z" rebar tagged "Pima County 3 Hwy Dept", said comer being the POINT OF BEGINNING;. THENCE South 0°11 '40'East, .1014.51 feet along the east line of said northeast quarter to a set ~/2" rebar tagged "RLS 16555"; from said point.the east quarter comer'bears South 0° 11' 40" East, 1627.22 feet, said point.being a found ½" rebar tagged "PCHD #3"; THENCE North 68010'43'' West, 2701.01 feet to the north line of said northeast quarter to a set ½" rebar tagged "REs 16555", from said point the north quarter comer.of said Section 3 bears South 89045'35" West, 131.86 feet, said quarter comer being a found P.K. nail without a tag; THENCE North 89045'35'' East, 2504.06 feet along said north line to the POINT OF BEGINNING. The above described parcel contains an area of 29.16 acres more or less. HD~/Jehnsen Brittain 378 N Main Avenue Tucson. AZ 85701-8222 Pl~one; {5201 ~28-3E36 [ax: (5201682-2922 wvcw. hdrinc.com Exhibit E ~ . . N LEOEND · --Set 1/2" Rebar Tagged "RL$. 16555" ® =Found Survey Monumenf As Described Gladden Farms & P Bk. 55 Pg.: 60) N 89'45'35"E Point Of Be_g/_nning_ ,F,_n.d. 1/2" t~ebar Togged Pim} County i H~y Dept" 0 N.~_. Car. S~c. 3 ~6' I BRITTAIN uz /4 N.E. 1/4 Sec. POR. OF THE N.E. 1/4 OF SECTION 3 TOWNSHIP 12 SOUTH R~GE 11 EAST G & S.R.M., PI~ CO., AZ. PROPOSED PARCEL 5 PIMA COUNTY PROPERTY )3;66P5. DWS SUPPLEMENTAL INFORMATION REGARDING NOVEMBER 16, 2004 REGULAR COUNCIL MEETING PACKET INFORMTION -- Dear Council Members: With respect to Consent Item IX. A. 2 - Resolution No. 2004-154, approval of a final plat for Rancho Marana 154, this item was placed on the November 3, 2004 agenda and continued to November 16. The mylar is not ready at this time, but because it was continued with a date certain, it was placed on the agenda. No action will be requested other than to remove it from the agenda. With respect to Council Item IX. B. 1, Ordinance No. 2004.22, an exchange agreement with the Pima County Flood Control District, attached is a regional location map showing the area of the exchange. Thank yo~/~ Jocelyn '"-~ ' ~/ .November, S?., 2004 Town of Marana A State of Arizona T-~ Miles 0 0,5 1