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Council Study Session & Council Agenda Packet 12/07/2004
TOWN OF MARANA, ARIZONA AMENDED STUDY SESSION AND COUNCIL MEETING AGENDA 13251 N. Lon Adams Road December 7, 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 December 3 2004 by 5:30 o'clock p.m., at the Marana Town Hall and at w~v.marana.com under Town Clerk, Minutes and Agendas. TOWN OF MARANA, ARIZONA AMENDED STUDY SESSION AND COUNCIL MEETING AGENDA 13251 N. Lon Adams Road December 7, 2004 - 5:30 p.m. STUDY SESSION CALL TO ORDER 1. Presentation: Sanders Grove Specific Plan Update (Barbara Berlin) 2. Presentation: State Treasurer's Office (Mike Reuwsaat) 3. Presentation: Professional Service Agreement with Swaback Partners, (Barbara Berlin) 4. Presentation: Marana Combined Appeal Program (Mike Mencinger) pllc 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 Study Session Minutes of October 19, 2004 Regular Session Minutes of October 26, 2004 Study Session Minutes of November 3, 2004 Study Session Minutes of November 3, 2004 Regular Session VII. 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 IX. GENERAL ORDER OF BUSINESS 2 TOWN OF MARANA, ARIZONA AMENDED STUDY SESSION AND COUNCIL MEETING AGENDA 13251 N. Lon Adams Road December 7, 2004 - 5:30 p.m. .. A. CONSENTAGENDA 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 Resolution No. 2004-167: Relating to Housing; authorizing the Town of Marana to enter into an Intergovernmental Agreement with Pima County relating to the Marana Construction Works! Program (Dan Groseclose) Resolution No. 2004-154: Relating to Subdivisions; approving a Final Plat for Rancho Marana 154 (Barbara Berlin) Resolution No. 2004-162: Relating to Subdivisions; approving a Final Plat for Continental Reserve Block 17 Resolution No. 2004-163: Relating to Streets; approving the renaming of "Guardian Place" and "Guardian Drive (private streets) within the Gallery Resort Parcel at Dove Mountain Subdivision to "Gallery Canyon Place" and "Gallery Canyon Drive" respectively (private streets) (Harvey Gill) Resolution No. 2004-165: Relating to Water Service; authorizing the Town of Marana to cooperate with other northwest Tucson area municipal water providers to convince the United States Bureau of Reclamation that a northwest Tucson Active Management Area Central Arizona Project reliability reservoir is critically important for the area's future potable water supply (Brad DeSpain) B. COUNCIL ACTION 1. Proclamation honoring Congressman Jim Kolbe 2. Proposal to widen Cortaro Road under the existing Cortaro Road Underpass at 1- 10 (Mike Reuwsaat) 3. PUBLIC HEARING: Relating to Development Impact Fees for Townwide Parks and Northwest Marana Roadways (Jim DeGrood) PUBLIC HEARING: Ordinance No. 2004.23: Relating to Development; rezoning 107-acres of land from "A" to zone "R-6" on property located south of Barnett Road and east of Sanders Road, commonly known as Payson Farms (Barbara Berlin) 3 TOWN OF MARANA, ARIZONA AMENDED STUDY SESSION AND COUNCIL MEETING AGENDA 13251 N. Lon Adams Road December 7, 2004 - 5:30 p.m. .' e o Resolution No. 2004-168: Relating to Development; approving and authorizing the execution of a development agreement with Tri Marana Development Management and Consulting LLC, regarding the Payson Farms development project (Frank Cassidy) Resolution No. 2004-138: Relating to Subdivisions; approving a Preliminary Block Plat for Vanderbilt Farms (Barbara Berlin) Relating to Leasing of the Mobile Stage (Ron Smith) Executive Session pursuant to A.R.S. § 38-431.03(A)(1) to discuss the proposed terms of contract for continued employment of Town Manager Michael A. Reuwsaat (Frank Cassidy). Executive Session pursuant to A.R.S.~ 38-431.03(A) (3) and (4) to discuss legal issues and potential litigation arising out of the City of Tucson's (a) acquisition of Flowing Wells Irrigation District and (b) objection to the Town of Marana's acquisition of Flowing Wells Irrigation District's excess Central Arizona Project allocation (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: December 7, 2004 AGENDA ITEM: Study Session #1 TO: FROM: AGENDA TITLE: MAYOR AND COUNCIL Michael A. Reuwsaat, Town Manager Presentation: The State Treasurer's Office DISCUSSION The State Treasurer, David Petersen, and his Chief of Staff will present a statewide community update on the State Treasurer's Office. The Council is welcome to ask questions. None. None ATTACHMENTS RECOMMENDATION None. SUGGESTED MOTION State Treasurer's Office presentation 2/24/2004 1.'33 PM FJC For Internal Use Only Arizona State Treasurer's Pool L GIP- Pool 5 Pool Type: Diversified Mix Objective: Maximize/iquidity and yield, whi/e minimizing risk. Asset Class: Corporate, Agency, Treasury, Money Market Strategy: Current WAM: Max WAM: Credit Rating Min: Current Yield: Management Fees: The strategy for LGIP Pool 5 is to maintain a stable NA V through balancing liquidity needs and proper asset allocation. The Pool will invest over a broad class of high quality assets to increase yields, while focusing on capital preservation. 151 240 Days A / BBB (split rating) 1.90% 0.08% LG~P vs. S&P LG~P ~nde× LGIP POOL 5 ~ LG~P 5 WAM 2.25- 2- 1 1.5- 1. 0.75 8.25- 02 02 03 03 03 03 04 04 84 04 $ LGIP 5 S ~chm~rk 1 Month Return: 1.90% ~D Return (annualized): 1.76% 280 ~ 175, 150, 125~ 188, J[t~i453 Oct4)3 Current WAM: Jan~34 ~r~4 JuF84 Oct.4 151 Asset Aliocatior~ MBS CP A1 Credit Quality A- Historical returns are not indicative of future performance. The NAV will float due to fluctuating market conditions, and could result in a loss of money. The Pool is susceptible to investment risk and market volatility. It is not insured and returns are not guaranteed. This is not a prospectus. Treasu Pools ASTO Pools 2 State Agencies I US Govt Full Faith and Crediti Intermediate Term 5 LG1P Diversified Asset :Mix, Short Term 7 LGIP - Gov US Govt Full Faith and Credit, Short Term 9 Board Funding Obligations ADOT Bond Funding Obligations 12 CAWCD Long-Term Pool Diversified Asset Mix 15 GADA Pool Diversified Asset Mix Gov LGIP Core Gov US Govt Full Faith and Credit, Intermediate Term * 202 S&P Mid-Cap 400 Equity Index Stocks 204 Special Situations Pool Special Situations Cash State Invested Operating Balances Allocated among various pools for liquidity For internal Use Only ~2/?/2oo4 Arizona State Treasurer's Pool LGIP- Pool 7 Pool Type: U.S. Government Obiective: Maximize liquidity, capita/preservation, and y/e/d. Asset Class: U.S. Treasury & PEFCO Strategy: Current WAM: Max WAM: Credit Rating Min: Current Yield: Management Fees: The strategy for LGIP Pool 7 is to maintain a stable NA V by focusing on liquidity and minimizing volatility. The Pool will emphasize on safety of principal, investing strictly in U.S. backed securities. 101 Days 180 Days AAA 1.57% 0.08% LG~P vs~ 3 Mor~th 02 02 03 03 03 ~ LG~P 7 Month Return: YTD Return (annualized): Oct- J~- APr- J~- 03 04 ~ 84 B Benchmark 1.57% 1.41% LGIP POOL 7 150 100~ J~ Oct~ 03 84 ~ LG~P 7 WAM Apr~ J~F Oct` J~- Apr- J~F Oct- Current WAM: 101 ~set Allocation Credit Ouality P~CO '\~-TSY AAA All positions will be fully backed by U.S. Government Historical returns are not indicative of future performance. The NAV will float due to fluctuating market conditions, and could result in a loss of money. The Pool is susceptible to investment risk and market volatility. It is not insured and returns are not guaranteed. This is not a prospectus. New Pools Profile For Internal Use Only Arizona State Treasurer's Pool Core-Govt Pool Type: Objective: Asset Class: Strategy: Target Duration: Maturity / WAL Max: Credit Rating Min: Management Fees: Benchmark: U.S. Government Total return through capital preservation and liquidity. Treasury, PEFCO, & GNMA The strategy for the Core-Go~ Pool is to mimic the Merrill Lynch Index in terms of duration and returns. The Fund may take advantage of trading opportunities to enhance yield, rebalance holdings, and cover redemptions. 2.25 5 Yrs AAA 0.08% Merrill Lynch U.S. Treasuries Index 1-5 Yrs i2,00%, Merrill Lynch U.S, Treasuries Index 1-5 Yrs (Inception Date: October 1978) t995 ~997 Avg. Annual Return: (since inception) 1 Yr Return (10/03-10/04): YTD Return (annualized): ~999 255 2 2~35 Q~ly ICY{edified Duration 8.76% 2.38% 2.09% Avg. Qrtly Duration: (since inception) Current Duration: 2.27 2.405 Asset B Treasury Number of Issues in Index: 52 All positions are fully backed by U.S. Government The above information was gathered and based on the Merdll Lynch U.S. Treasuries Index 1-5 Yrs. Historical returns are not indicative of future performance. The NAY will float due to fluctuating market conditions, and could result in a loss of money. The Pool is susceptible to investment risk and market volatility. It is not insured and returns are not guaranteed. This is not a prospectus. New Pools Profile For Internal Use Only ~2/7/2004 Arizona State Treasurer's Pool Core-Mixed Pool Type: Objective: Asset Class: Strategy: Target Duration: Maturity / WAL Max: Credit Rating Min: Management Fees: Benchmark: Diversified Mix Total return through proper asset allocation. Corporate, Agency, Treasury, MBS/AB& Money Market The strategy for the Core-Mixed Pool is to mimic the Merrill Lynch Index in terms of duration, asset allocation, and asset quality. The Fund may temporarily and periodically adjust these factors based on interest rate and market outlook. 2.5 5 Yrs A / BBB (split ratings) 0.08% Merrill Lynch U.S. Domestic Master Index I-5 Yrs 9.00%. 1996 1998 Avg. Annual Return: (since inception) 1 Yr Return (10/03-10/04): YTD Return (annualized): Merrill Lynch U.S. Domestic Master Index 1-5 Yrs (inception Date: October 1995) A~ual Returns Qrtl¥ ~odified 2:.1 6.35% Avg. Qrtly Duration: (since inception) 3.66% Current Duration: 3.19% 2.51 2. 655 Asset Altiocat~on Corp Agency ¢/- 17% 20~ ~ ~S ~ ~Y ABS 29% 34% Number of Issues in Index: 2727 7% AAA AA 3% A 8% Ratings for Index Holdings The above information was gathered and based on the Merrill Lynch U.S. Domestic Master Index %5 Yrs. Historical returns are not indicative of future performance. The NAV will float due to fluctuating market conditions, and could result in a loss of money. The Pool is susceptible to investment risk and market volatility, It is not insured and returns are not guaranteed. This is not a prospectus. David ~ber 20th, 1950. David is ). David attended ASU with a focus in finance and business. David is married to Patti and together they have eight children, two boys & six girls. Davi was a mE focus away from the d family. as he serving State Senate. David's government is doing things together with his David served in the departed for the T where months to nine mon education legislation with David Petersen was nation to pass a cove Arizona. On, students in Arizona schools to recite at each day. . He was the majority WHIP when he lair on the Family Services Committee ' adoption bureaucracy from twenty-one ~na. ~ made Arizona the second state in the in grade portion of the Declaration of Independence David's long term goal is to be a and integrity in the Arizona as State Treasurer. eight goals for this year Which include: Policy renovation, Audit and Global Security Risk legislation Infrastructure Master plan, Financial Literacy and Character Education programs Protect the Taxpayer's dollars Characte , and ,N AND THE WORLD States 'he governing body of each city, county, or state listed below has passed a resolution declaring a desire and commitment to build and promote good character. Many are working toward implementing and encouraging community-wide character initiatives in order to develop a true "culture of character." UNITED STATES OF AMERICA CITIES OF CHARACTER ALABAMA COLORADO Worley Donaldsonville Tuscatoosa Colorado Springs Eurdce Cortez ILLINOIS Plaquemme ALASKA Ft. Collins North Chicago Wasilla Peoria MICHIGAN DELAWARE Springfield Heath Torah&dp ARIZONA Wilm/ngton Holland Avondale INDIANA Marquette FLORIDA Carmel Three Rivers ARKANSAS Avon Park Elkhart Zeehnd Big Flat Inverness Greenfield Briardiff Lake-Placid - Indianapolis MISSISSIPPI Bttll Shoals Marianna Shipshewana Clinton Cotter North Lauderdale Terre Haute Hattiesbttrg Flippin Palm Beach Laurel Lakeview Gardens KANSAS Madison Motmtain Home Sebring Dodge City Petal Norfork Titusville E1 Dorado Pine Bluff Trenton Iola MISSOURI Pyatt Olathe Golden City Salesville GEORGIA Topeka Jefferson City Searcy Augusta La,nar Summit Bremen KENTUCKY Liberal Yellville Columbus Alexandria O'Fallon Douglasville Crescent Sprhngs Richmond Lithonia Elizabethtown McDonough Lexington NEW MEXICO Warner Robins Winchester Roswell IDAHO LOUISIANA NEW YORK Rathdmm Baker Belfast Baton Rouge CALIFORNIA :ompton Chowchflh Fresno Mission Viejo Watsonville OHIO SOUTH Springfield Archbold CAROLINA Vance Cincinnati A/ken Woodford Greenville Allendale Napoleon Beaufort TENNESSEE Bowman Elizabethton OKLAHOMA Branchville Hohenwald Bartlesville Clmpm Bethany Conway TEXAS Chickasha Cope Belton --Claremore --~)-~;a -Buries°n- Edmond Elloree Center Elk City Eutawville Clebume City Frederick Florence Cleveland Granite Georgetown Glen Rose Guthrie Greenwood Grandview Leedey Hanahan Joaqttin Oklahoma City Holly Hill Keene Oologah Lexington League City Owasso Livingston Tenaha Pawhuska Neeses Temple Ponca City North Shawnee North Augusta VIRGINIA Skiatook Norway Blackstone Talala Orangeburg Tulsa Ridgeland WASHINGTON OREGON Rowesvitle Bonney l_ake Scappoose Santee Total: 153 Cities ARKANSAS Baxter County Marion County* IDAHO Kootenai County COLORADO E1 Paso County INDIANA Larimer County La Grange County FLORIDA Vigo County Collier County Highlands KANSAS County* Chase County Jackson County Gilchrist County KENTUCKY GEORGIA Boone County DeKalb County Douglas County COUNTIES OF CHARACTER (USA) Spalding County Hardin County Darke County LOUISIANA SOUTH Ascension Parish CAROLINA St. James Parish Orvmgeburg County* MISSISSIPPI Pickens County Jones County TEXAS MISSOURI Bell County Barton County* Johnson County Nacogdoches OHiO County Henry County Somervell Cotmty Holmes County Shelby County Total'. 31 Counties STATES OF CHARACTER (USA) ALABAI~A OHIO ARKANSAS OKLAHOFIA DELAWARE SOUTH CAROLINA GEORGIA Total: 7 States *All cities within the county are Character Cities. INTERNATIONAL CITIES AUSTRALIA Manningham, Victoria CANADA Aurora, Ontario Cochrane, Ontario Drayton Valley, Alberta East GwillJmbury King City Markham, Ontario Newmarket Richmond H/ll Vaughn Wh/tchurch- Stouffville York Region, Ontario GUATEMALA Antigua MEXICO Matamoros PERU Santa Anita PHILIPPINES Anao Aritao ^pam Baguio Bais Baras Bayawan Buenavista Cadiz City Cagayan de Oro Candijay Daet Davao City Gapan City Island Garden City Kidapawan Luna Naujan Mandaue City Moncada Oton Palayan City Quezon City Sibulan Sorsogon City Sulat Tagaytay City Talisay Tanauan ROMANIA Arad Total: 45 Cities Revised September 2004 TOWN COUNCIL ~ MEETING TOWN OF MARANA (;~ INFORMATION \~~ MEETING DATE: December 7, 2004 AGENDA ITEM: Study Session #2 TO: FROM: SUBJECT: MAYOR AND COUNCIL Barbara C. Berlin, Planning Director Presentation: Sanders Grove Specific Plan Update. DISCUSSION Staff will update the Town Council on the status of the Sanders Grove Specific Plan project. RECOMMENDATION: Presentation only. Presentation only. SUGGESTED MOTION 120704 PCZ-04019 Sanders Grove Council Study Session.doc TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: December 7, 2004 AGENDA ITEM: Study Session #3 TO: FROM: SUBJECT: MAYOR AND COUNCIL Barbara C. Berlin, Planning Director Professional Service Agreement with Swaback Partners, pllc DISCUSSION: At the Council/Management retreat September 24-26, the Town Council directed staff to revisit previous town center plans and to devise a new plan for its consideration. This renewed interest in the town center arose as construction of a new municipal complex progressed, and as development pressure in the area increased. To expedite a fast-track planning process, management has engaged the firm of Swaback Partners, pllc to prepare a town center plan and recommendations for implementation. The firm has requested a retainer fee of $10,000 and will bill on an hourly basis. Funds are available from the adopted budget. RECOMMENDATION: Presentation only. SUGGESTED MOTION Presentation only. SwabackPartnersagreement.doc SWABACK PARTNERS pllc wRCHTECTURE & P"ININC Vernon D. Swaback FAIA, AICP John E. Sather AIA, AICP Jon C. Bernhard AIA November 29, 2004 Mr. Jim Mazzocco, AICP Development Services Administrator Toyvii of Marana 3696 West Orange Grove Road Tucson, AZ 85741 Re: Town of Marana Town Center Planning — Letter of Agreement i Dear Jim: Thank you again for spending the time with Vern and me to update us on all the exciting initiatives under way in the Town. As you well know, with all the development pressures in place, this is certainly the time to be proactive with respect to a creative, visionary and thoughtful planning effort. Vern and I are certainly energized and very excited to be assisting you and the entire staff planning committee on creating this new vision for the Town. We applaud your commitment to the planning process and look forward to a collaborative effort that can set the stage for an exciting future and identity for your Town ,Center and surroundings. I Based on our initial meeting with the staff planning committee, we understand the overall context of planning issues in place include: l 1 Current development pressures in and around the town center i Commitment of the new municipal building complex and its strategic local significance • Planning initiatives at the town center, northwest area and Town wide levels ' Design character and how it will relate to the Town's identity and "branding" • Dynamic nature of Town politics and private/ public partnerships • Key items identified: 1. Roadways, intersections and overall vehicular circulation 2. Appropriate densities of housing 3. Themed gateways 4. Preservation of significant lands (State lands to the east) 5. Main Street character and identity 6. Understanding the "audience" 7. Necessity of a commercial tax base 8. Heritage Park's significance Mr. Jim Mazzocco 29 November 2004 Pane 2 of 7 SCOPE OF « 7 ORK We have established the following suggested Scope of Work tasks taking into account the above information, our follow -up discussions and the appropriate structure of a thoughtful planning process that best meets the needs of the Town. As we discussed at our initial meeting, these tasks represent an overall framework for the planning process and will evolve in more detail as the process gets underway. We will also work closely with you and your staff in developing draft and final products that are most appropriate to move the process forward. 1. Background Data Review and Site Analysis We will visit the site and surrounding areas, all as part of the continued study of planning opportunities, constraints, and alternatives. Other input will be added from materials developed by previous consultants as they become available. Examples include drainage requirements, geological restrictions and circulation. Proposed and existing utilities will also be evaluated. We will work with the staff planning committee and appropriate staff members to collect, review, evaluate and consider existing data. Deliverables will include but not limited to: a. Opportunities and Constraints Plan b. Photographic Survey of Existing Conditions 2. Town Center Master Plan Based on the site analysis performed, Swaback Partners will prepare a series of preliminary options for the site specific area identified as the "Town Center ". The alternatives will address proposed and existing land -use, vehicular and pedestrian circulation and all other items identified as opportunities and constraints from the initial analysis phase. These initial studies will be evaluated based on appropriate criteria and a preferred direction will be further studied and refined. Based on the preferred planning and design direction, a Zoning District Concept will be prepared that establishes a framework for future developments. Part of this concept may be the proposed development of an overlay zoning district within the town center area. Based on the proposed Concept, an amendment will need to be proposed for the Town's Major Streets Plan (Streets R.O.W. Plan). Swaback Partners will also provide guidance to the Town on issues related to property acquisition. Preliminary materials will include plans, sketches, etc. Deliverables will include but not limited to: a. Illustrative Plan Options for town center and refined preferred plan b. Enlargement Studies of key use areas within the core including intersections c. Land Use Plan Options for town center and refined preferred plan I Potential Phasing and Implementation Diagram 3. Northwest Area Plan Amendment As the Town Center Plan progresses, Swaback Partners will consider all the options with respect to the impacts of the Northwest Area Plan. Based on both preliminary Town Center studies and the preferred, refined Town Center Plan, we will prepare a preliminary Land Use Plan for the Mr. Jim Mazzocco 29 November 2004 Page 3 of 7 Northwest Area. This Land Use Plan will engage the design direction of the new TQwn Center and will make clear direction for adjacent land uses and infrastructure. Based on input from the staff planning committee and the public meeting process, this Plan will be refined and finalized. It is expected that the new Town Center Plan and the new Northwest Area Plan prepared by Swaback Partners will be the basis for any amendments to the General Plan for the Town. Deliverables will include but not limited to: a. Preliminary and preferred refined Land Use 4. Thematic and Proiect Identitv Development To help define the special nature of the property beyond the Master Plan, Thematic Character Studies will be prepared for the complete palette of elements that make up the visual identity of the town.. Elements to be conceptually designed will include: a. Entry Features and gateways b. Street signage and wayfinding c. Streetscape components (culverts, bridges, headwalls, retaining walls, etc.) d. Project theme walls e. Road cross sections f. Street lighting and low level landscape lighting g. Open space organization and a community path system h. Landscape treatment and character Deliverables gill include but not limited to: a. Plans. sections elevations and perspective sketches of all details needed to express design intent of the above identified elements. The Thematic Development Process will begin with quick alternative sketches to explore theme possibilities. Based on input from the staff planning committee, preferred strategies A ill be further developed and refined. 5. Design Standards As needed we can assist in the writing and development of the Design Guidelines that would include any design standards for a town center zoning district and any guidelines for rezonings occurring in the plan amendment area. Typically, this process begins with a work session to explore what is-possible and what is desirable for the Guidelines. We will draw upon the many successful Design Guidelines we have developed for others, and from other resources in our library. Our philosophy in developing design standards is not to overstress their regulatory aspects, but rather to help by illustrating design solutions of importance to the builders. The standards will set Mr. Jim Mazzocco 29 November 2004 Page 4 of 7 forth the review process in clear detail. The design standards would be specific to the uses proposed for the Town Center, we would expect that might include residential, commercial and other specialty uses. Deliverables will include but not li►nited to: a. Standards and guidelines in both written and graphic format. 6. Master Plan Report We will consolidate the products developed in the previous tasks. We will also develop narrative text, linking everything together into a report for presentation to all agencies having jurisdiction over the property, as well as to potential buyers and other parties as appropriate. The master plan report will include a implementation strategy that addresses potential phasing scenarios for development as well as property acquisition concepts. Deliverables will include but not limited to: a. Draft and Final Master Plan Report (hard copies as needed and on CD Rom) b. All full si_ze presentation boards and PorerPoint presentation prepared during the planning process SCHEDULE We certainly believe that the planning effort can be accomplished well within the timeframe of September of 2005. We would expect that each task above would be accomplished with in six to eight weeks individually, with some overlap of task effort. For example, we can be working on certain tasks simultaneously. We would envision meetings on a monthly basis to review progress and get feedback. Specifically, we envision meeting with you and Barbara every 'month, and the entire staff planning committee ever} other month. Of course we can make ourselves available for any special meetings and presentations during the process. Milestones Kick -off: December 3 at Swaback Partners Task 1: Start December 3 and complete end of January Task 2: Start January 1 and complete end of March Task 3: Start February 1 and complete end of April Task 4: Start March 1 and complete end of May Task 5: Start April 1 and complete end of June Task 6: Start December 2004 and complete August 2005 Special Meetings In addition to the staff planning committee meetings held every other month plus the monthly sessions with Jim and Barbara, we would anticipate the following additional meetings: a. Two "study sessions" with the council to review and provide input (during task two and three) b. Two meetings with "development community " / major property holders during (task one and three) c. Two meetings with the "general public" (during task 2 and 5) Based on the actual evolution of the planning process, these meetings may be altered as needed. Mr. Jim Mazzocco 29 November 2004 Page 5 of 7 As soon as possible, all critical meeting dates should be scheduled so that dates and -times can be coordinated with all stake holders. COMPENSATION Our services will be performed on an hourly basis at our Standard Hourly Rates as stated below. While the foregoing Scope of Work tracks a sequential thought process, it is not likely to occur precisely as set forth. For work of this type anticipated, there is no way for you or us to pre judge either the process or what you will actually spend on the planning activities. Looking at analogous work, our most current, average monthly billings for professional fees plus reimbursable expenses range between $20,000.00 to S40,000.00 per month. In each case the work performed is all hourly and all necessary. This is simply an after - the -fact accounting of what is occasioned by our client's needs, coupled with what it takes to carry out our commitments. You also know that your projected schedule will influence all other issues. What we do will be entirely driven by your need to achieve your developmental interests. SWABACK PARTNERS 2004 PROFESSIONAL SERVICE FEES Partners and Directors: Vernon D. Swaback, FAIR, FAICP $250.00 / hour John E. Sather, AIA, AICP $185.00 / hour Jon C. Bernhard, AIA S 185.00 / hour Craig Wickersham, Director of Residential Design $150.00 / hour Associates, Certified Architects and Planners, and Project Managers Associates 5125.00 / hour Certified Architect (AIA) S 125.00 / hour Certified Planner (AICP) $125.00 / hour Project Manager $100.00 / hour Architectural and Planning Staff Designer 5100.00 /hour Planner $ 85.00 / hour Senior Technical Support $ 85.00 / hour Technical Support 5 65.00 / hour Senior CAD Technician S 65.00 / hour CAD Technician S 55.00 / hour Support Staff Administrative & Accounting Support S 55.00 / hour Plans Coordinator $ 55.00 / hour Assistant $ 35.00 / hour Mr. Jim Mazzocco 29 November 2004 Page 6 of 7 Reimbursable Costs All normal reimbursable expenses, including plotting, printing, photography, reproductions, mounting, delivery, long distance phone calls, travel expenses and other consultant services Cost Plus 15% Mileage $0.37 /mile All normal reimbursable expenses, including but not limited to, outside consultant services, reproduction of documents and drawings, photography, deliveries, long distance telephone calls, travel, lodging, government review fees, and data transmission will be billed in addition to the professional fees at 1.15 (15%) times actual cost. DETAILED CONSIDERATIONS The services included herein may be terminated by you at any time for any reason, as long as Swaback Partners (SP) has been paid for all services rendered to the date of termination. It is understood that -parties hereto will neither assign, sublet, nor transfer any interest herein and, further, that each party binds himself and his partners, successors, executors, administrators, and assigns to the other party in all covenants hereto. Swaback Partners has provided no environmental investigations on this site /project, has no knowledge of an} adverse environmental conditions on the site/project, and is not responsible for and has no liability for any such environmental condition should one be found. It is the responsibility of the client to investigate and make these environmental determinations. i Any unauthorized use, reproductions, alteration, or change of these SP produced documents without our written consent will be at the sole risk of the user without liability or legal exposure to SP. Fees and all other charges will be billed monthly as the work progresses, and the amount of each billing will be due and payable thirty (30) days after the date of such billing. Any portion of a billing not paid thirty (30) days of the billing date will be considered delinquent and will bear an interest charge of one and one -half (1 -1/2) percent per month (annual percentage rate 18 percent) on the unpaid balance. SUMMARY In spite of all the many unknowns, we have endeavored to give an overall structure to this proposal. We would like to express our personal enthusiasm for the opportunity of working together on this project. We will give this opportunity our creative and strategic best. If this Letter Form of Agreement is consistent with your understanding of the work desired, please sign both copies and return one with payment of $10,000 earned upon receipt retainer. This will act as our official notice to proceed. If you would like to discuss any modifications, please give me a call, and we will incorporate whatever revisions are appropriate. Mr. Jim Mazzocco 29 November 2004 Paee 7 of 7 In the meantime. xve are beginning to prepare for the early December "field trip ". We will have packets for the council members that provide maps and information on each community planned on the itinerary. Sincerely, SWABACK PARTNERS, pllc Jeffrey M. Denzak, ASLA, APA Senior Planner ACCEPTED BY: of Marana Date TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: December 7, 2004 AGENDA ITEM: Study Session #4 TO: FROM: SUBJECT MAYOR AND COUNCIL Mike Mencinger, Director of Maintenance and Operations Presentation: Marana Combined Appeal Program DISCUSSION The Marana Combined Appeal Program (MCAP) is an employee-mn 501(c)(3), non-profit corporation created to accept voluntary contributions from Town employees via payroll deductions (or a one-time contribution). Contributions are directed by the choice of the employees to charities with ties to Marana and/or a fund that can provide cash to catastrophe victims within the Marana community. MCAP does not seek funding from the Town of Marana and is managed voluntarily without compensation by Town employees. ATTACHMENTS Mission Statement, program overview and contribution form. RECOMMENDATION MCAP requests Council approval to operate MCAP within the Town of Marana to benefit local charities that meet the criteria of the MCAP by-laws. SUGGESTED MOTION I move to approve MCAP to operate within the Town of Marana to accept voluntary contributions from Town employees and disburse these funds to Marana-related charities. 12/01/2004/2:55 PM Marana Combined Appeal Program Mission Statement The Marana Combined Appeal Program has been developed to bring relief and hope to those who have had misfortunes in their lives. By acting as a collection point for generosity and a conduit for kindness, the Marana Combined Appeal Program will benefit members of the Marana community with dignity, caring and respect. Marana Combined Appeal Program Mayor Sutton and the Town Council approved the creation of the Marana Combined Appeal Program, a non-profit corporation to accept voluntary contributions from Marana employees. The Marana Appeal Program, or MCAP, can receive either payroll deductions or a one-time contribution from Marana Town employees (tax-deductible) and distribute these funds to MCAP- approved charities chosen by each employee. Beginning in the near future, the MCAP Board Members and your department representative will be presenting the options and benefits available through the Marana Combined Appeal Program. The MCAP Board of Directors is a group of Town of Marana employees dedicated to helping Marana-affiliated charities. One of the first concepts of MCAP was to provide a means to offer assistance to victims of catastrophic events. Every year we hear of someone in the Town suffering a loss either through a home fire, accident, or some other unfortunate event. While there are many agencies that can offer help, none would be able to respond as quickly as MCAP. The Critical Needs Fund (CNF) was established as a means of providing immediate relief- up to $1,000 - with the approval of a majority of the MCAP board members. This can be used by the recipient to secure lodging, clothing, food, or whatever may be appropriate for the circumstances. More help can be approved through an emergency meeting of the Executive Board within 48 hours. MCAP seeks to provide help to victims of personal tragedy as soon as possible. An MCAP contribution form will soon be distributed with an initial list of approved, qualified charities to donate your tax-deductible contributions. Or, you can select an approved, qualified charity of your choosing. The contribution choices are as follows: The Critical Needs Fund The Critical Needs Fund AND an approved, qualified charity of your choice (state percentage to each) Any combination of MCAP-approved charities of your choice Every Town of Marana employee will be given the opportunity to contribute to MCAP either through 26 payroll deductions annually or a one-time donation. The contribution form has a chart listing the dollar amount per paycheck and the annual total. A space for a one-time donation is also available. Please consider this opportunity to help the charities of your choice and receive the tax deductible savings. As a group we can all help out many worthy causes. And, with the CNF, we can help the Marana community and friends in time of need. Marana Combined Appeal ?rogram This is your receipt - Thank you for your Contribution Contributions to the Marana Combined Appeal are tax- deductible to the extent allowed by law. No goods or service have been received as a result of this gift. Name: Address: Town: Payroll Deduction: $ One time contribution: $. Zip: _ per pay period. For ~tour information Per pay Che~ EqUals An%ally $2 $52 $3 $78 $4 $1~ $5 $!38 se $156 $7 $182 $8 .... ~t0 ~ $260 Contribution Direction (Check one) r--] t00% crifica! Needs Fund (CNF) CNF % Other Charity % (Must equal 100%) Other Charity of your choice Must be Marana Combined Appeal approved. I do not Wish to participate at this time. Signature Date Suggested list of Charities: Community Home Repair ProjectS of Arizona, Inc. Marana Health Center Marana Food Bank Marana Foundation for Educational Excellence Miracle in Marana Tee Up For Tots Tu Nidito Children and Family Service United Way World Care County of San Diego Treasurer ln.vestmen,t Report MONTH ENDING SEPTEMBER 30, 2004 Table of Contents 3 4-12 13 14 15 16 17 18 Summary Portfolio Statistics as of Sept. 30, 2004. Investment Inventory with Market Value Purchase s/Sale siM atu ritie s Cash Flow Analysis Participant Cash Balances Pooled Money Fund Participants Pooled Money Fund- Asset.Allocation Pooled Money Fund ASsets - Credit Quality Summary Portfolio Statistics SAN DIEGO COUNTY POOLED MONEY FUND As of September 30, 2004 U S Treasury Notes Federal Farm Credit Bank Notes Federal Home Loan Bank Notes Federal Nat'l Mortgage Assoc. Notes Federal Home Loan Mortg. Corp. Notes Corporate Medium Term Notes Asset Backed Notes Money Market Funds Repurchase Agreements Negotiable Certificates Of Deposit Commemial Paper Collateral ized Ce rtificates of Depos it Totals for September 2004 TotalS for August 2004 Percent Of Portfolio 2.72% 11.99% 12.47% 11.25% 2.05% 4.16% 1 '.64% 0.71% 4.83% 28.15% 20.01% 0.01% 100.00% 100.00% Market Accrued Book Value Price Interest' Unrealized Yield To Market Value Gain/(Loss) Matudty 98,703,120 ($477,927) 2.06% 435,002,462 ($3,997,538) 2.31% 452,372,446 ($3,551,461) 2.41% 408,034,064 ($2,641,798) 2.27% 74,393,935 ($635,229) 2.26% 150,768,058 ($679,874) 2.42% 59,473,455 ($65,199) 2.90% 25,700,000 $0 1.50% 175,000,000 $0 1.94% 1,021,032,508 ($3,994,872) 1.58% 725,787,138 $24,201 1.55% 392~000 $0 2.12% 99,181,047 439,000,000 455,923,907 410,675,861 75,029 164 151,447 931 59,538 654 25,700 000 175,000 000 1,025,027 379 725,762,938 392 000 98.70% 4,121 99.09% 2,436,294 99.21% 3,226,811 99.35% 2,484,547 99.15% 672,569 100.51% 671,667 99.12% 478,104 100.00% 89,804 100.00% 9,434 99.61% 5,231,092 99.86% 0 100.00% 264 $3,642,678,881 $3,663,676,804 99.54o/0 $15,304,708 $3,626,659,185 99.56% $15,286,123 $3,648,991,298 ($16,019,696) 1.95% ($14,685,506) 1.91 % Portfolio Effective Duration 0.888 years Fi scal Year September '04 To Date Calendar Year Retum Annualized Return Annualized TO Dale Return Book Value 0.175% 2.130% 0.475% 1.883% 1.268% Market Value 0.143% 1.743% 0.812% 3.221% 1.140% Annualized 1.686% 1.519% Investment Inventory with Market Value DESCRIPTION PURCHASE MATURITY DATE. SAN DIEGO COUNTY POOLED MONEY FUND As of September 30, 2004 58038 58041 58042 58047 SUBTOT USTN 04/15/04 03/31/06 USTN 04/16/04 03/31/06 USTN 04/16/04 03/31/06 USTN 04/19/04 03/31/06 AL 12 TREAS NOTES 2.72% 912828CD 0 1.50 1.96 912828CD0 1.50 2.08 912828CD0 1.50 2.08 912828CD 0 1.50 2.11 1.50 2.06 25,003,000.00 24,675,780.00 1,030.22 24,831,366.39 98.70 -155,586.39 25,000,000.00 24,675,780.00 1,030.22 24,788,293.46 98.70 -1.12,513.46 25,000,000.00 24,675,780.00 1,030.22 24,786,037.85 98.70 -110,257.85 25,003,000.00 24,675,780.00 1,030.22 24,775,349.49 98.70 -99,569.49 57236 57460 57461 57742 57754 57759 57887 FFCB 04/24/03 10/24/05 FFCB CALL 07-21-04 07/21/03 07/21/06 FFCB CALL 07-21--04 07/21/03 07/21/06 FFCB CALL 05-24-04 11/17/03 11/17/05 FFCB CALL 5-21-04 11/21/03 11/21/05 FFCB. 11/25/03 11/25/05 FFCB 02203/04 08/03/06 31331QC62 2.05 2.05 31331Q4N4 2.11 2.11 31331Q4N4 2.11 2.11 31331TJR3 2.15 2.15 31331TKQ3 2.20 2.20 31331TKT7 2.25 2.25 31331TRV5 2.45 2.45 25,003,000.00 24,933,710.00 223,506.94 25,003,000.00 99.73 25,003,000.00 24,752,525.00 102,569.44 25,003,000.00 99.01 10,003,000.00 9,901,010.00 41,927.78 10,003,000.00 99.01 50,003,000.00 49,768,885.00 400,138.89 50,003,000.00 99.54 50,003,000.00 49,908,375.00 397,222.22 50,003,000.00 99.82 25,003,000.00 24,905,597.50 196,875.00 25,003,000.00 99.62 30,003,000.00 29,842,398.00 118,416.67 30,003,000.00 99.47 46,290.00 -247,475.00 -98,990.00 -231 115.00 -91 625.00 -94,402.50 -157,602.00 INVESTMENT INVENTORY (cONT.) DESCRIPTION % OF INVEST# PURCHASE MATURITY DATE MARKET CUSIP 57906 ~FFCB CALL 08-13-041X 31331TQQ7 02/13/04 11/13/06 57944 FFCB 31331TVR9 03/08/04 03/08/07 57993 FFCB 31331TXX4 03/29/04 03/29/07 57994 FFCB 31331TXU0 03/29/04 03/29/07 58023 FFCB CALL 10-12-04 SEMI 31331TA43 04/12/04 10/12/06 58069 FFCB CALL4-13-05 1× 31331TA68 04/13/04 04/13/07 SUBTOT AL 25 FFCB 11.99% 56890 FHLB 3133MJUS7 12_/05/02 11/15/04 57208 FHLB 3133MYCH8 04/15/03 05/15/06 57209 FHLB 3133MYCH8 04/15/03 05/15/06 57210 FHLB 3133MYCH8 04/15/03 05/15/06 57376 FHLB CALL 06~18-04 31339XGN8 06/18/03 12/18/06 57431 FHLB 31339YAE2 07/02/03 07/02/07 57450 FHLB CALL 07-14-04 31339YJN3 07/14/03 07/14/06 2.52 25, 000, 000.00 24,828,502.50 84,000.00 2.52 25,000, 000.00 99. 31 -171,497.50 2.67 24,000,000.00 23,809,034.40 40,940.00 2.67 24, 000, 000.00 99. 20 - 190,965.60 2.38 50,000,000.00 49,262,285;00 6,597.22 2.38 50, 000, 000.00 98. 52 -737,715.00 2.45 50,000,000.00 49,349,995.00 6,805.56 2.45 50, 000, 000.00 98. 70 -650,005.00 2.20 25,000,000.00 24,700,890.00 258,194.44 2.20 25, 000, 000.00 98.80 -299,110.00 2.40 50,000,000.00 49,039,255.00 560,000.00 2.40 50,000, 000.00 98. 08 -960,745.00 3.38 25,000,000.00 25,049,567.50 318,750.00 16,631.56 2.29 25, 032, 935.94 100.20 2 2.5 10, 000, 000.00 9,937,885.00 85,000. (30 2.39 9, 977, 455. 65 99. 38 -39,570.65 2.25 10, 000, 000.00 9,937,885.00 85, (:X)0.00 2.39 9, 977, 455. 65 99.. 38 -39,570.65 2.25 10,000,000.00 9,937,885.00 85,000.00 2.3~ 9, 977,455. 65 99. 38 -39,570.65 2.25 25, 000, 000.00 24,652,707.50 160,937.56 2.25 25, 000, 000.00 98. 61 -347,292.50 2.50 22,995,000.00 22,650,012.91 142,121.88 2.50 22,995,000,00 98.50 -344,987.09 2.10 50, 000, 0(30.00 49,495,820.00 224,583.33 2.10 50, 000, 000.00 98. 99 -504,180.00 INVESTM ENT INVENTORY (CONT.) INVEST # 57451 57459 57470 57471 57479 57665 58068 58093 58103 58120 58125 SUBTOT 57162 57342 57358. 57446 57452 D ESCRIPTIO N PURCHASE MATURITY DATE FHLB CALL 07-14-04 07/14/03 07/14/06 FHLB CALL 04-12-04 07/21/03 07/21/06 FHLB CALL 07-23-04 07/23/03 01/23/07 FHLB CALL 07-23-04 07/23/03 01/23/07 FHLB CALL 04-12-04 07/28/03 07/28/06 FHLB CALL 10 -14-04 CONT 1 (714/03 10/14/05 FHLB 04/28/04 07/28/06 FHLB 05(12/04 02/1 2/07 FHLB CALL 11-17-04 lx 05/17/04 05/17/06' FHLB 05/26/04 05/26/06 FHLB 05/28/04 11/29/06 AL 26 FHLB FNMA CALL 03-28-05 03/28/03 03/28/06 FNMA CALL 06-02-04 06/02/03 06/02/06 FNMA 06/09/03 06/09/06 FNMA CALL 07-09-04 07/09/03 07/09/06 FNMA CALL 07-14-04 07/14/03 07/14/06 % OF MARKET CUSIP 31339YJ N3 31339YHS4 31339YJG8 31339YJC7 31339YSR4 3133Xl KC0 3133XSZG6 3133X6KQ8 3133X6SJ6 3133X6XK7 3133X6ZK5 2.10 20, 000, 003.00 19,798,328.00 89,833.33 2.10 20,000,000.00 9&99 -201,672.00 22,0 15,965,000.00 15,824,809.74 68,294.72 2.21 t 5,965,000.00 99.12 -140,190.26 2.34 17, 000, 000.00 16,776,081.10 75,140.03 2.34 17, 000, 003.00 9& 68 -223,918.90 229 50,000,000.00 49,285;715.00 216,277.78 22,9 50,000,000.00 9&57 -714,285.00 2.19 25,000,000.00 24,768,992.50 95,768.75 2.19 25, 000, 003.00 99. 08 -231,007,50 1.80 10, 000, 003.00 9,960,392.00 83,500.03 2.00 9, 998, 603, 61 99. 60 -38,211.61 2.51 50,000,003.00 49,716,645.00 533,375.03 2.51 50, 000, 003.00 99. 43 -283,355.00 3.05 25,000,003.00 24,817,730.00 103,784.72 3.05 25, 000, 000.00 99. 27 -182,270.00 2.45 25,000,003.00 24,981,945.00 227,986.11 2.4.5 25, 000, 000.00 99. 93 . -18,055.00 2.64 40,000,003.00 39,795,672.00 366,666.67 2..64 40, 000, 000.00 99. 49 -204,328.00 3.10 25,000,003.00 24,984,372.50 264,791.67 3.10 25, 000, 000.00 99. 94 -15,627.50 12.47% 3136F3EW2 3136F3UZ7 3136F3WS1 3136F3M60 3136F3R24 2.30 25,000,003.00 24,962,587.50 4,791.67 2.30 25, 000, 003.00 99. 85 -37,412.50 2'.05 50, 000, 003.00 49,530,670.00 338, 819.44 2.95 50,000,003.00 99.06 -469,330.00 2.90 46,575,003.00 46,087,532.08 269,800.00 2%00 46, 575, 003.00 9& 95 -487,467.92 2.05 29,116,003.00 28,801,634.55 135,955.54 2.05 29,116,003.00 9&92 -314,365.45 2715 25,000,003.00 24,787,937.50 114,955.28 2.~ 5 25, 000, 003. O0 99.15 : -212,062.50 INVESTMENT INVENTORY (CONT;) DESCRIPTION % OF INVEST # PURCHASE MATURITY DATE MARKET CUSIP 57453 FNMA 3136F3Q74 07/14/03 07/14/06 57495 FNMA CALL 02-27-04 3136F3W85 06/04/03 08/04/06 57495 FNMA CALL 02-27-04 3136F3W85 08/04/03 08/04/06 57504 FNMA CALL 08-11-04 31359MSV6 08/11/03 08/11/06 58028 FNMA CALL 4-13-05 lx ' 31359MUX9 04/13/04 04/13/06 58029 FNMA CALL 4-13-05 1x 31359MUX9 04/1 3/04 04/13/06 58045 FNMA 3136F5PV7 04/19/04 04/19/07 58339 FNMA 3136F6EK1 09/20/04 09/20/07 SUBTOT AL 27 FNMA 11.25% 2.12 50,003,030.03 49,551,600.00 226,72Z22 2.12 50, 000,030.00 99.10 ~,48,400.00 2.25 25, 003,030.03 24,803,835.00 89,06Z 50 2.25 25, 003,000, 03 99.20 -199,165.00 2.25 25, 003,030.03 24,803,835.00 89,062_ 50 225 25, 000,030, 03 99.20 -199,165.00 2.75 10, 003,030.03 9,994,047.00 38,194. 44 2.75 10, 003,030.03 99.94 -5,953.00 2.15 2g003,000.03 24,862,560.00 250,83:~33 2.17: 24, 995,349.32 99.45 -132,789.32 2.15 25,003,030.03 24,862,560.00 250,83933 2.19 24, 989, 512.04 99.45 -126,952.04 2.82 50,003,000.03 49,995,585.00 ~ 634,500.00 2.82 50, 003,030.03 99.99 -4,415.00 2.75 ~ 25,003,030.03 24,995,680.00 21,006.94 2.75 25, 003,000.03 99.98 -4,320.00 56888 FHLMC - 3134A4LX0 12-/05~02 11/15/04 57347 FHLMC 3128X1GF8 06/04/03 12/04/06 57348 FHLMC 3128X1GF8 06/04/03 12/04/06 SUBTOT AL 29 FHLMC 2.05% 57760 MTN GECC 36962GA46 11/25/03 01/30/06 57881 MTN GECC 36962GF82 01/30/04 01/30/06 3.25 2~003,030.03 25,046,335.00 306,944.44 2.29 25, 029,163.83 100.19 225 25,003,030.03 24,673,800.00 182,812_50 2.25, 25,0.00,000.03 98.70 2.25 25,003,000.03 24,673,800.00 182,812.50 2.25 25,003,000.03 98.70 17,171.17 -326,200.00 -,326,200.00 2.85 25, 003,030.03 25,070,377.50 120,729.17 2.20 25, 210,839.08 100.28 -140,461.58 2.0Q 25, 003,030.00 24,793,332.50 84,72Z22 2.00 25, 003,030.03 99.17 -206,667.50 INVESTMENT INVENTORY (CONT.) DESCRIPTION % 'OF INVEST# PURCHASE MATURITYDATE MARKET CUSIP 58010 MTN GECC 36962GE34 04/06/04 09/25/06 58031 MTN GECC 36962GE34 04/08/04 09/25/06 58094 MTN GECC 36962GVVCA 05/12/04 03/30/06 58142 MTN EUROPEAN INVT BNK 298785DE3 06/16/04 08/15/06 SUBTOT AL 40 MEDTERM NT 4.16% 58062 PTS CCCIT 17305 ECA1 04/26/04 01/20/07 58090 PTS CCClT 200:~A5 17305EBR5 05/11/04 04/07/06 58182 PTS CCCIT 2004-A1 17305ECA1 07/06/04 01/22/07 SUBTOT AL 47 PTS SOFT BULLET 1.64% 58360 RP MS 09/36/04 10/01/04 58361 RP DB 09/30/04 10/01/04 SUBTOT AL 61 REPO 57717 57822 2.75: 25,000,000.00 24,893,947.50 11,458.33 2.12 2.75 2.41 5.35 2.73 3.00 3.03 25, 304, 214.43 99.58 ~ 10 266.93 25,000,000.00. 24,893,947.50 355,208.33 24, 993,082.35 ~99.58 -99,134.85 2~003,030.00 25,958,055.00 3,715.28 5,335.07 25,952,719.93 103.83 25, 003,030.00 25,1 58,397.50 95,833. 33 171,322.1 6 24,987,075.34 100.63 2.55 2.96 2.50 2.66 2.55 3.34 25,000,030.03 24,679,700.00 125,729.17 24,772,~25.42 98.72 25,003,030.03 24,921,875.00 302,083.34 24,939,373.40 99.69 10, 003,030.00 9,871,880.00 50,291.67 9,826~355.24 98.72 -93,225A2 -17,498.40 45,524.76 NCD WESTDEUTSCHE 11/03/03 11/03/04 NCD SVEN,..~/,A HANDELSBANKEN 12/23/03 12/22/04 4.83% 95753H4M0 86958YQ90 1.95 100,000,000.00 100,003,030.00 5,402-78 1.95 100, 003,030.00 100.00 1.94 75,003,030.03 75,003,030.00 4,031.25 1.94~ 75,000,000.00 100.00 1.43 1.43 1.33 1.33 50,000,030,03 49,985,950.00 661,375.00 50, 003,000.00 99.97 -14,050.00 50,003,030.00 49,936,350.00 522,763.89 50, 003,000, 03 99.87 -63,650.00 INVESTMENT INVENTORY (CONT.) DESCRIPTION % OF INVEST # PURCHASE MATURITY DATE MARKET CUSIP 57880 NCD ROYAL BK OF SCOTLAND 78009YH54 01/30/04 01/31/05 57941 NCD ROYAL BK OF SCOTLAND 78009YH47 03/05/04 02/23/05 57949 NCD SOCIETE GENERALE 83365VVMD3 03/10/04 03/10/05 57950 NCD SOClETE GENERALE 83365VVMD3 03/10/04 03/10/05 57953 NCD ROYAL BK OF SCOTLAND 78009YL59 03/11/04 03/11/05 57961 NCD ClBC 13606U U44 03/15/04 03/15/05 57962 NCD SVENSKA HANDELSBANKE~ 86958YZ58 03/15/04 03/15/05 57979 NCD WESTDEUTSCHE LB 9575EAAR5 03/23/04 03/23/05 57982 NCD ClBC 13606UV35 03/24/04 03/24/05 58050 NCD BLB CALL 08-19-04 0727MSU34 02/19/04 02/17/06 58270 NCD Washinton Mutual 93933AFC3 08/18/04 05/16/05 58285 NCD TORONTO DOMINION 8911A1SZ0 08/25/04 08/25/05 58289 NCD WASHINGTON MUTUAL 93933EPE0 08/26/04 05/27/05 58292 NCD UBS 90261GM97 08/27/04 06/30/05 58293 NCD WASHINGTON MUTUAL 93933EPF7 08/27/04 08/25/05 58294 NCD TORONTO DOMINION 8911A1TD8 08/27/04 08/26/05 1.24 1.24 1.33 1.20 1.20 1.21 1.20 121 1.20 1.21 1.22 1.23 1.23 1.24 1.22 1.22 1.23 1.23 1 24 1 24 2.02 2.02 2.22 2.21 2.10 2.10 2.10 2.10 2.24 2.24 2.21 2.20 50, 000, 000.00 49,873,000.00 423,666.66 50, 000, 000.00 99. 75 -127,000.00 50, 000, 000.00 49,856,250.00 408,236.11 50, 025, 777.30 99. 71 -169,527.30 50,000,000.00 49,793,350.00 340,243.06 49, 996 706.57 99. 59 -203,356.57 50,000,003.00 49,793,350.00 340,243.06 49, 996, 706.57 99. 59 -203,356.57 50,000,003.00 49,805,500.00 340,030.03 49, 997, 790.77 99. 61 -192,290.77 50,000,003.00 49,803,950.00 337,500.03 49, 997, 736.12 99. 61 -193,786.12 50,000,003.00 49,800,000.00 340,277.78 49, 997, 736.45 99. 60 -197,736.45 50,000,000.00 49,795,450.00 325,333.33 50, 000, 003.00 99. 59 -204,550.00 25,000,003.00 24,898,075.00 163,145.83 ' 25,000, 003.00 99. 59 -101,925.00 50,000,003.00 49,009,650.00 74,127.22 50, 000, 003.00 98. 02 -990,350.00 50,000,003.00 49,939,100.00 123,444.44 50, 000, 003.00 99. 88 -60,900.00 50,000,003.00 49,922,900.00 113,826.39 50, 002, 227.85 99. 85 -79,327.85 50,000,003.00 49,964,750.00 105,030.03 50, 000, 003.00 99. 93 -35,250.00 50,000,003.00 49,930,450.00 102,083.33 50, 001, 912.47 99. 86 -71,462.47 25,000,003.00 24,966,950.00 54,444.44 25, 000, 003.00 99. 87 -33,050.00 50, 000, 003.00 49,918,250.00 107,187, 50 50, 002, 238.16 99. 84 -83,988.16 INVESTMENT INVENTORY (CONT.) DESCRIPTION % OF INVEST # PURCHASE MATURITY DATE MARKET CUSIP 58297 NCD ClBC 13606U6K5 08/30/04 08/30/05 58298 NCD USBank 90331HJZ7 08/30/04 07/18/05 58307 NCD WELLS FARGO CO 9497P1DL0 09/02/04 10/06/04 SUBTOT AL 82 NEGOTIABLE C/DS 26.80% 57930 SUBTOT 58017 58020 58021 58022 58026 58209 58217 58218 58258 NCD RABOBAN K NEDERLAND 03/01/04 03/01/06 AL 87 NEGOTIABLE C/DS CP WHITE PINE 04/08/04 10/12/04 CP MOAT FUNDING 04/12/04 10/08/04 CP EDISON ASSET SEC 04/12/04 10/01/04 CP EDISON ASSET SEC 04/12/04 10/01/04 CP SIGMA FINANCE INC 04/.13/04 10/18/04 CP BANK OF AMERICA 07/20/04 11/12/04 CP WHISTLE JACKET CAP LTD 07/23/04 10/18/04 CP BANK OF AMERICA CORP 07/23/04 11/30/04 CP CHARTA CORP 08/12/04 10/01/04 1.36% 7497TITD9 96432EKC8 60687LK89 28100LK10 28100LK10 8265POKJ1 0660FOLC5 96335-TKJ8 0660POLWl 16115VK16 2.24 50,000,000.00 49,934,900.00 ~9,555.56 2.24 50,000, 000.00 99. 87 -65,100.00 2.22 25,000,000.00 24,954,382.50 120,250.00 2.17 25, 008, 547.02 99. 82 -54,164.52 1.61 50,000,003.00 49,995,000.00 Co4,847.22 1.61 50,000, 003.00 99. 99 -5,000.00 1.60 1.59 1.53 50,000,000.00 49,154,950.00 63,541.67 1.53 50,000,003.00 98.31 -845,050.00 1.14 9, 740, 000. 00 9,736,104.00 0 1.15 9, 736, 607. 23 99. 96 -503.23 1.14 50,000,000.00 49,995,500.00 0 6,583.33 1.15 49,988,916.67 99.99 1.13 50, 000, 003.00 50,000,000.00 0 0 1.14 50, 000, 003.00 100.00 1.13 25, 000, 000.00 25,000,000.00 0 0 1.14 25,000,000.00 100.00 1.13 50,000,000.00 49,965,000.00 0 1.1 ~ 49, 973, 319.44 99. 93 -8,319.44 1.60 50, 000, 000.00 49,901,400.00 0 1.61 49, 906, 666.67 99. 80 -5,266.67 1.57 1 :~ 507, 003.00 13,497,545.10 0 559.04 1.58 13,496,986.06 99.93 1.65 50,000,000.00 49,855,900.00 0 1.66 49, 862~ 503.00 99. 71 -6,600.00 1.56 25, 000, 003.00 25,000,000.00 0 0 1.56 25, 000, 003.00 100.00 INVESTMENT INVENTORY (CONT.) DESCRIPTION % OF INVEST# PURCHASE MATURITYDATI= MARKET CUSIP 58259 CP MANHATTAN ASSET 56274LK60 08/12/04 10/06/04 58262 CPATOMIUMFDGCORP 0496A2K78 08/13/04 10/07/04 58275 CPEUREKA SECUR INC 29865LK70 08/20/04 10/07/04 58276 CP MANHATTAN ASSET 56274LLK8 08/20/04 11/19/04 58277 CPSIGMAFININC 8265POLJ0 08/20/04 11/18/04 58278 CP CROWN POINT CAP 2284KOLJ2 08/20/04 11/18/04 58305 CP VICTORY REC 92646KK19 09/02/04 10/01/04 58308 CP BAVARIA UNIV FDG 0717P2K14 09/02/04 10/01/04 58309 CP BAVARIA TRR CORP 0717MCK56 09/02/04 10/05/04 58336 CP MANHA'I-I'AN ASSET FDG 56274LMH4 09/17/04 12/17/04 58346 CP SCALDIS CAPITAL LLC 80584TMF6 09/23/04 12/15/04 58347 CP STAN FI ELD VICTORIA FDG 85431EM F3 09/23/04 12/15/04 58350 CP EAGLE FDGCAPITAL 26971LMD2 09/24/04 12/13/04 58351 CP HARRIER FIN FDG 41365TMF3 09/24/04 12/15/04 58356 CP UBS FINANCE 902633MF1 09/28/04 12/15/04 SUBTOT AL 91 COMM PAPER 20.01% 1.61 25,000,000.00 24,997,500.00 0 3,090.28 1.61 24,994,409.72 99.99 1.61 25,000,000.00 24,996,250;00 0 2,958.33 1.61 24,993,291.67 99.99 1.57 1 O, 000, 000. O0 9,998,500.00 0 1,116.67 1.57 9,997,383.33 99.99 1.6'8 50, 000, 000. O0 49,883,700.00 0 1.69 49, 885, 666.67 99. 77 -1,966.67 1.66 25,000,000.00 24,953,225.00 0 8,558.34 1.67 24,944,666.66 99.81 1.67 27,411,000.00 27,348,639.98 0 1.68 27, 349, 964.84 99. 77 -1,324.86 1.61 25,000,000.00 25,000,000.00 0 0 1.6'~ 25, 000, 000.00 100.00 1.65 37,669,000.00 37,669,000.00 0 0 1.65 37, 669, 000.00 100.00 1.64 50,000,000.00 49,997,800.00 0 6,911.11 1.64 49, 990, 888.89 100.00 1.86 25,000,000.00 24,903,375.00 0 2,833.34 1.87 24,90(3,541.66 99.61 1.87 12, 000, 000.00 11,954,880.00 0 1,630.00 1.88 11,953, 250.00 99. 62 1.87 11,000,000.00 10,958,640.00 0 1,494.17 1.88 10,957,145.83 99.62 1.95 16,975,000.00 16,912,939.40 0 5,061.38 1.96 16,907,878.02 99.63 1.90 13, 500, 000.00 13,449,240.00 0 2,677.50 1.91: 13, 446, 562.50 99. 62 1.85 50,000,000.00 49,812,000.00 0 4,708.34 1.86 49,807,291.66 99.62 1.55 1.55 INVESTMENT INVENTORY (CONT.) INVEST # 57425 57427 57428 SUBTOT 58221 58286 58357 SUBTOT 58230 SUBTOT D ESCRIPTIO N PURCHASE MATURITY DATE MM FEDERATED #10 07/01/03 10/01/04 MM FI DELITY FUN D #690 07/01/03 10/01/04 MM BLACKROCK FUND ~24 07/01/03 10/01/04 AL 97 MNY MKT FUNDS CD SOUTHWEST COM 07/23/04 07/22/05 CD FIRST UNITED BANK 08/25/04 08/25/05 CD SD NATIONAL BANK 09/28/04 03/28/05 AL 1001 CD NEIGHBORHOOD BANK 07/29/04 07/29/05 AL 1002 GRAND TOTAL % OF MARKET CUSIP 0.71% 0.01% 100.00% TOTAL · 49 13,500,000.00 13,500,000.00 28,205.75 0 · 49 13,500,000.00 100.00 .56 5, 600, 000. O0 5,600,000.00 599.8 0 ,56 5,600,000.00 100.00 .46 6, 600, 000. 00 6,600,000.00 60,998.27 0 1.46 6, 600, 000. O0 100.00 1.15 98,000.00 98,000.00 28.18 0 1,15 9&O00.O0 100.00 220 9&O00.O0 98,000.00 204.17 0 2.50 9~000.00 100.00 2.35 9&O00.O0 98,000.00 19.19 0 2.35 9~000.00 100.00 2.30 9~000.00 98,000.00 12.32 0 2.30 96000.00 100.00 Purchases/Sales/Maturities DATE 9/1 9/2 9/2 9/2 9/2 9/2 9/3 9/3 9/7 9/7 9/7 9/7 9/8 9/8 9/10 9/10 9/13 9/13 9/15 9/15 9/17 9/17 9/20 9/20 9/21 9/22 9/23 9/23 9/23 9/23 9/24 9/24 9/28 Total SAN DIEGO COUNTY POOLED MONEY FU ND SECURITY DESCRIPTION CP BAVARIA TRR CORP CP VICTORY REC CP INTL LEASE FIN NCD WELLS FARGO CO CP BAVARIA UNIV FDG CP BAVARIA TRR CORP CP EIFFEL FUNDING CP STARBIRD FDG CP SYDNEY CAPITAL CP NORTHERN ROCK PLC CP BAVARIA TRR CP COUNTRYWIDE HOME LOAN CP ATLANTIS ONE FUNDING CP COUNTRYWIDE HOME LOAN CP SOCl ETY GENERALE CP COUNTRYWIDE HOME LOAN CP COUNTRYWIDE HOME LOAN CP BAVARIA TRR CORP FNMA CP WHITE PINE MTN TOYOTA MOTOR CREDIT CP MAN HATTAN ASSET FDG FNMA FNMA CP COUNTRYWIDE HOME LOAN CP INTL LEASE FIN CP COUNTRYWIDE HOME LOAN C P BAVAR IA T RR C ORP CP SCALDIS CAPITAL LLC CP STANFIELD VICTORIA FD CP EAGLE FDG CAPITAL CP HARRIER FIN FDG CP UBS FINANCE As of September 30, 2004 SALES/ YIELD 1.54 1.61 1.51 1.61 1.65 1.64 1.52 1.52 1.07 1.41 1.56 1.56 1.07 1.60 1.23 1.61 1.56 1.63 2.18 1.12 3.03 1.87 3.27 2.75 1.60 1.51 1.61 1.63 1.88 1.88 1.96 1.91 1.86 PUR CHASES 25,000,000 25,000,000 50,000,000 37, 669,000 50,000,000 50,0000,000 27,190,000 25,000,000 25,000,000 25,000,000 25,000,000 12.000,000 11,000,000 16,975,000 13,500,000 50,000,000 MATURITIES 30,000,000 20,000,000 30,000,000 27,039,000 25,000,000 25,000,000 50,000,000 50,000,000 50,000,000 25,000,000 15,079,000 25,000,000 25,000,D00 27,190,000 25,000,000 25,000,000 25,000,000 GAIN/LOSS. 138,863 8,152 COMMENTS MAT PURC PURC PURC PURC PURC MAT MAT MAT MAT MAT PURC MAT PURC MAT PURC MAT PURC MAT MAT SALE PURC SALE PURC MAT MAT MAT MAT PURC PURC PURC PURC PURC DATE OF MATURITY ~154 10/154 9~254 10~54 10/154 10~54 ~354 ~354 ~754 ~754 ~754 9/1354 ~854 9~154 9/1054 9~354 9/1354 9~354 9/1554 9/1554 ~956 1ZlW04 6~856 9~057 9~154 9~254 9~354 9~354 1Z1E04 1~1~04 1Z1~04 1~1~04 1~1E04 468,334,000 499,308,000 147,015 Cash Flow Analysis Beginnhg Pool Book Balance INFLOWS: Maturi[ies Sales/Calls Reverse Repos Interest Income On Pool Ta~es Collected School Deposits C cu nty Deposits R eli r enent Other Non-Mandatory OUTFLOWS: Schools County Retir~rnent Other Non-Mandatory Tax Apportionment Reverse Repos Investments Purchased Total Monthly Net Cash Rows PROJ/ACTUAL M ON'IH END LIQUIDITY PROJECTED/ACTUAL MONTH END POOL. BALANCE SAN DIEGO COUNTY POOLED MONEY FUND ($000) JuI-O4 Aug-04 Sep-04 Oct-04 Nov-04 Deo-04 Jan-05 Feb-05 Mar-05 Apr-05 May-05 Jun-O5 3,791,016 2,649,529 2,649,959 2,480.352 2,487.605 2,518.673 3.220.868 2,917.321 2.901.549 2,944,527 3,418,855 3,283,714 Totals 1,130.145 633.062 510.212 445,947 306.627 234,096 210.593 53.132 333.387 533.000 421,876 332,000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 6.132 5,122 6,174 1.700 1.700 1,500 2,000 2,200 2,500 42.754 51,209 34,631 175.985 369,958, 1,079,027 79.719 81.509 304.246 288.636 371.664 499.744 326,147 253.646 382.524 283,830 349.191 331.842 819.432 249,267 253.534 203,033 189,033' 324.900 236,356 158.224 225,471 0 0 0 10.500 10.500 1 0,500 10,500 10.500 10,500 4.661 0 0 0 0 0 0 0 0 2,824.760 1,732,200 1,636,295 1,163,312 1,131,464 2,032.547 37,346 122,217 57,164 4,073,948 0 0 0 1,286,876 0 0 0 0 2,300 2,100 2,100 35,528 880,035 55,255 76,393 3,230,723 402,169 355,010 220,793 4,065,195 285,121 256,126 207,322 3,407,819 10,500 10,500 1 0,500 94,500 0 0 0 4,661 822.999 654,756 1,207,947 1,617,471 801,208 574,292 16,199,250 446,131 410,986 473,241 423,002 419, 275 51 9,379 342,826 434,704 502,274 277,801 333,400 176,786 166,767 232,419 294,283 160,387 286,199 2,500 0 11,000 11,000 1 1,000 11,000 11,000 9,229 4,412 4,218 0 0 0 0 0 20,219 4,349 20,339 19,603 52,185 245,262 142,404 17,228 0 0 0 0 O~ 0 0 0 1,581,633 1,008,765 820,552 0 O~ 0 0 0 2,645,685 1,708,813 1,~51.750 630.391 651.227 ~ 1,0 08,060 790,513 480,504 405,618 461,433 578,573 5,395,673 188.948 319,107 262,093 257,211 3,172,576 11,000 11,000 1 '1,0 00 1 1,000 387,699 0 0 0 0 17,859 24,374 177,960 121,1 02 28,856 873,881 0 0 0 0 0 0 0' 0 0 3.4'10,950 623,319 703.926 913,685 855,628 875,540 13,258,637 -20.925 23.387 -15.455 532,921 480.237. 1,0 24,487 32.486 31,437 504.020 703,786 -54,4 20 .,301,348 281,100 191,200 200.700 733,621 1,213.858 2,238,345 2,270,831 2,302,268 2,806,288 3,510,074 3,455,654 3,1 54,306 3,710,643 3,665,019 3,643,545 3,730,519 3,904,1 29. 4,694,520 4,516,413 4,494,718 4,665.351 5,331,791 5,155,154 4.796,622 Participant Cash Balances SAN DIEGO COUNTY, POOLED MONEY FUND ($ooo) As of September 30, 2004 PA~'ANT ¢~n~nn,~ "zr~n~,nn,~ ~r~'~ ~,nn,~ n,~n~nn,~ SEP% Undistributed Interest 4,291 10,409 4, 820 4,421 Unappoltioned Taxes 122~004 98~914 160,127 68,501 UNDISTRIBUTED INCOME 126,295 109,322 164,947 72,922 2.03% COUNTY 176,245 169,071 172,476 309,090 8.59% CNTY- SPEC TRUST FUNDS 906,586 827,124 772,064 765,592 21.29% NON.CN'rY INV FUNDS 344,550 323,303 334,119 333,968 9.29% SCHOOLS - (K THRU 12) 1,908,334 1,972,568 2,108,011 1,757,606 48.87% COM COLLEGES San Diego 96,657 92,076 1 10,995 105,268 = Grossmont 55,714 53,260 51,795 50,364 Mira Costa 19,94'1 17,307 13,911 1 1,1 19 Palomar 40,530 35,590 40,445 41,449 Southwestern 22~3 03 15~669 15~ 654 19~092 Total For Corn Colleges 235,144 213,902 232,801 227,292 6.31% RETIREMENT 9,359 3,369 12,768 10,502 0.29% SAN CAL 8,646 7,999 8,133 8,146 0.23% MTDB 475 513 514 515 SANDAG 389 431 432 433 CITIES En chitas 5,000 5,000 5, 012 5,020 La Mesa 0 0 0 INDEPENDENT AGENCIES Aiphe FPD 1,505 1,288 1,076 792 Bonita Sunnyside FPD 2,845 2,729 2,563 2,491 Bon'ego Sprhgs FPD 372 253 204 205 Deer Springs FPD 2,976 2,723 2,616 2,623 East County FPD 1 (142) 507 (397) Fallbrook PublicUtl 1,356 1,356 1,359 1,361 Fire Agncy Self Ins Sys 948 981 968 1,000 Julian-Cuyamaca FPD 219 225 126 131 Lake Cuyamaca Rec & Pk 158 1 19 157 192 Lakeside Rre 4,210 4,172 3, 580 3,356 Lower Sweetwater FPD 108 109 103 110 MTS 470 282 255 618 Maj Pines CSD 27 27 27 28 ~ssion Res Consr 444 477 483 494 No CO Cemetery Dist 305 310 330 346 No Co Cernetry Perpet 772 756 765 786 No county Cemetery 267 311 278 261 North County Dispatch 564 474 711 789 North County Rre 5,295 4,448 3,886 3,425 Otay Water District I nv 15,710 12,710 12,756 12,786 Palomar Res Consr 5 5 5 5 Pine Valley FPD 179 158 124 85 Pornerado Cem Perpet 1,230 1,234 1,244 1,253 Pemerado Cemetery Dis 741 779 788 787 Rernona Cemetery Dist 200 196 192 1 94 Ramona Cemb.y Perpet 207 209 211 215 Rancho Santa FeFPD 3,221 2,806 2,019 1,795 Sen Diego Rural Fire 1,522 1,595 1,706 1,700 San Dieguito Riwr 1,224 1,299 1,215 1,164 Sen Marc. os FPD 1 1 1 1 Sen Miguel FPD 3,109 6,874 6,447 5,598 San Ysidro Sanitation 13 13 13 13 SDC Regional Airport 35,576 35,576 35,657 35,71 1 So County OPS Ctr 7 7 7 7 Spring Valley/Casa de O 15,968 16,108 15,500 15,644 Upr SrrLu Re Rsor 33 28 18 18 Valiecitos Water Dist I 8,054 8,054 8,072 8,084 Valley Center FPD 1,913 1,898 1,734 1,700 Valley Cntr Cemetery 40 40 40 41 Valley Cb' Cern Perp 1 54 156 158 1 56 Vista FPD 57 86 86 86 Total for Ind Agencies 117,870 116,674 113,945 111,627 3.10% Pooled M,oney Fund ParticiPants SAN DIEGO COUNTY POOLED MONEYFUND As of September 30, 2004 6.32% 2.03% 48.87% 3.62% 39.16% [] County Funds [] Vdunlary Depo~tors [] Schods D Community Cdleges [] Unappor~oned Tax/Int. Funds Asset Allocation 1.65% 4.12% 28.13% 19.95% SAN DIEGO COUNTY POOLED MONEY FUND As of September 30, 2004 4.80% 0.71% 0.01% 2.74% 37.89% [] USTN [] Commercial Paper [] Medium Term Notes [] AssetBacked Notes [] Negotiable CD's [] Repo [] Money Market [] Time Deposits [] F ede ral A,qen cy Credit QUality SAN DIEGO COUNTY POOLED MONEY FUND As of September 30, 2004 , A-I/P-I/F-1 ' 47.12% 52.88% MINUTES OF STUDY SESSION MARANA TOWN HALL OCTOBER 19, 2004 PLACE AND DATE Marana Town Hall, October 19, 2004 CALL TO ORDER By Vice Mayor Kal 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 Kai 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 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 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 MARANA TOWN HALL OCTOBER 19, 2004 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 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 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 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 MARANA TOWN HALL OCTOBER 19, 2004 II. 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. ADJOURNMENT Upon motion by Council Member Escobedo, seconded by Council Member Honea, the study session was adjourned. The time was 7:00 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 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL OCTOBER 19, 2004 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 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. MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL OCTOBER 19, 2004 VI. 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. VII. 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. He added that a bowling tournament was also scheduled for Saturday, February 5th, 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. MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL OCTOBER 19, 2004 Vice Mayor Kai announced that the first Council meeting in November would be moved from the 2na to the 3ra because of the Presidential election. VIII. STAFF REPORTS There were no questions regarding the staff reports. IX. 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. 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. MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL OCTOBER 19, 2004 go e 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. 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. MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL OCTOBER 19, 2004 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. 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. MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL OCTOBER 19, 2004 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 M0. 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. 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. 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. MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL OCTOBER 19, 2004 6. 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. 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. 7 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL OCTOBER 19, 2004 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. 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. MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL OCTOBER 19, 2004 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. 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. 9 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL OCTOBER 19, 2004 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. 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. 10 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL OCTOBER 19, 2004 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. X. FUTURE AGENDA ITEMS There were no items suggested for future agendas. 11 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL OCTOBER 19, 2004 XI. 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 12 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 Kai 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 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. 4 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. 6 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 3rcl 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 2C 2004 Mr. Bronson noted that there would be signs posted throughout the complex that a security check in was required in the main lobby. 5. 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 to cover the cost of the project. He noted that seven or possibly eight spaces would be 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, Vern Swaback of Swaback and Associates, 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 3rd 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 3ra, 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 MINUTES OF STUDY SESSION MEETING MARANA TOWN HALL NOVEMBER 3, 2004 PLACE AND DATE Marana Town Hall, November 3, 2004 CALL TO ORDER The study session was held informally and no roll call was made. Mayor Sutton called the meeting to order at 5:35 p.m. Council Member Escobedo arrived and was seated at the dais at 5:43 p.m. All other Council members were present. 1. Presentation: Vanderbilt Farms (Barbara Berlin) Mr. Reuwsaat opened the discussion and said that the Vanderbilt Farms Block Plat would be brought before the Council with special conditions so that some portion of the development might move forward. He noted that a great amount of activity was happening within the Town Center area. He said that Blocks 1 and 2 were similar to Farm Field Five and would carry traditional zoning and development. He briefly explained reasons for holding back other blocks for special planning consideration. He said that Block 13 required the approval of a concept plan by the Mayor and Council prior to the filing of a preliminary plan. Mayor Sutton commented that he understood the newest conditions related to the density issues and Town Core design conformity. He asked if anything more was required or if the design criteria for the town core concept had been completed. Mr. Reuwsaat replied that it had been unveiled and that the developers would go forward with Blocks I and 2 within the next year. He stated that the remaining blocks were included in special planning areas except for Block 13 which would be brought back to Council with a concept plan. Council Member Honea asked if design guidelines were included in these plans. Mr. Reuwsaat replied that the plan would include whatever necessary for approval by the Council. He said that they were hoping to have the residential design guidelines written shortly. He said that he wanted to bring back Blocks i and 2 before the Council on November 16th. He thanked the Council for their hard work on the Town Center project. MINUTES OF STUDY SESSION MEETING MARANA TOWN HALL NOVEMBER 3, 2004 2. Presentation: Payson Farms (Barbara Berlin) Ms. Berlin presented this item to the Council and said that the Payson Farms rezoning case with conditions had been heard by the Planning Commission and was being recommended for Council approval. She described the property as a 7-acre parcel currently under "A' zoning designation and was being proposed for rezone at R-6 zoning designation, single family residential attached. She briefly explained the location of the project and said that there were three lot sizes being proposed in the subdivision with the smallest being slightly over 6,000 sq. ft. with 101 lots (C) of that size. She said that there were 102 lots at 6,900 sq. ft. minimum (B), and 86 lots (A) at 800 sq. ft. on the property's edges. She concluded by stating that Town staff was recommending approval of the rezoning effort. Mayor Sutton asked why this item was placed on the study session agenda. He asked if there were concerns related to this project. Mr. Reuwsaat said that there had been concerns and that he had decided to bring the item up for discussion at a study session so that there would be full understanding by the Council of the proposed plans. Council Member McGorray commented that all of the homes appeared to be backing up against some sort of greenway or green space which was very attractive. She said that it gave a feeling of open space. Council Member Honea expressed his concern about lot sizes and he did not want this project to end up with an array of small lots. He commented that the project in itself was very unique and that he liked the concept of the green barriers between the houses. Mayor Sutton said that this was a good example of the Town being flexible and offering people an open space area instead of a wall to the neighbor. Council Member Honea asked if the green area would be controlled by a homeowners association. Mr. Post replied yes. MINUTES OF STUDY SESSION MEETING MARANA TOWN HALL NOVEMBER 3, 2004 A discussion followed concerning buffers between developments, green space, and the town core design concept. Cohesiveness for the Town Center area was also addressed. Council Member Escobedo said that one of his fears was of creating rooftops next to rooftops in northwest Marana. He said that he was also concerned about the lack of affordable housing in the town core area. He commented that he hoped adjustments would be made in the future to allow a more diverse housing price range to exist in northwest Marana. He said that his vision for the area was completely different from some of the other interested parties and that he hoped everyone would meet in the middle. Mr. Reuwsaat said that staff was recommending there not be a Council workshop on November 9th. He said that the development staff met at 8:00 a.m. every Tuesday morning to discuss the progress made on goals set at the Council retreat. He remarked that within a year the residential design, the Town Center planning, the commercial design, and the entry monumentation plans would be completed and would set a clear direction for development in northwest Marana. He announced that Mr. Swaybuck, a Phoenix consultant, would be working with the Council on town core design concepts. He added that he wanted to finalize plans for the Council to visit a number of master planned communities in the Phoenix area that had utilized the town core concept. He reminded the Council that Saturday, November 6th, was the employee appreciation dinner and that there were 250 employees signed up to attend. He urged all of the Council to attend and assist in greeting the partygoers. He mentioned that an idea of starting a "friends of the library" organization was being considered and that he hoped some of the Council members would participate in supporting the new Continental Ranch library. MINUTES OF STUDY SESSION MEETING MARANA TOWN HALL NOVEMBER 3, 2004 There was no further discussion. XI. ADJOURNMENT Mayor Sutton adjourned the study session. The time was 6:04 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council study session held on November 3, 2004. I further certify that a quorum was present. Jocelyn Bronson, Town Clerk MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL NOVEMBER 3, 2004 II. III. IV. Me CALL TO ORDER By Mayor Sutton at 7:00 p.m. PLEDGE OF ALLEGIANCE Led by Mayor Sutton INVOCATION/MOMENT OF SILENCE A moment of silence was observed for Bob Delaney and family because of the recent passing of his wife, Elizabeth Delaney. ROLL CALL COUNCIL Bobby Sutton, Jr. Mayor Present 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 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 Anthony Casella IT Director Present Attached is a list of public attendees. APPROVAL OF AGENDA Upon motion by Vice Mayor Herb Kai, seconded by Council Member Escobedo, the agenda with a change was unanimously approved. The change was that Consent Item IX. A. 4. Resolution No. 2004-154: Relating to Subdivisions; approving a Final Plat for Rancho Marana 154, was continued until the November 16th regular Council meeting. MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL NOVEMBER 3, 2004 VI. VIII. ACCEPTANCE OF MINUTES Upon motion by Council Member McGorray, seconded by Council Member Blake, the October 12, 2004 study session minutes were unanimously approved. VII. CALL TO THE PUBLIC/ANNOUNCEMENTS Barbara Berlin introduced Terry Springer, the newest Planner to join the Planning department staff. Tony Casella introduced Rick Brown, IT Radio/Communications Technician, who will be supporting the police department and the court. STAFF REPORTS There were no questions regarding the staff reports. IX. GENERAL ORDER OF BUSINESS A. CONSENT AGENDA Resolution No. 2004-147: Relating to Liquor Licenses; consideration of recommendation to the Arizona Department of Liquor Licenses and Control for a No. 11 (Hotel/Motel with Restaurant) liquor license submitted by Coyote Moon Resort, LLC, located at 7501 N. Wade Road (Jocelyn Bronson) 2. Resolution No. 2004-148: Relating to Subdivisions; approving a final plat for Canyon Pass IV-B at Dove Mountain (Barbara Berlin) ge Resolution No. 2004-149: Relating to Intergovernmental Agreements: approving and authorizing the Town to enter into an intergovernmental agreement with the Arizona Department of Environmental Quality (ADEQ) to receive grant funding for implementation of the Town's Storm Water Management Plan on a 40% non-federal match basis. (Harvey Gill) Upon motion by Council Member Escobedo, seconded by Council Member McGorray, the Consent Agenda with one change was unanimously approved. Item 4 was moved to the November 16th Council meeting. MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL NOVEMBER 3, 2004 B. COUNCIL ACTION 1. Progress Report, January 2003-~uly 2004 (Mike Reuwsaat) Mr. Reuwsaat addressed the Council and said that one of the goals coming out of the Council retreat in September had been to improve on communication, both internally and externally. He commented on the Progress Report, a report on the Town's Operations and Accomplishments from January 2003 through July 2004, and explained that the report was produced to document and benchmark the rapid growth Marana has experienced over the past few years, to use as a basis for developing an annual report, and utilize as shorter publications for public consumption. Mr. Reuwsaat acknowledged that Jessica Ziegler, Intern, had compiled the report and that she would address the Council in greater detail. Ms. Ziegler gave a brief overview of the report's structure and content. She said that the initial report was extensive and utilized an expandable format easily carried over into future publications or shorter more detailed publications focusing on specific areas. She pointed out that the first few chapters dealt with the actual development of Marana and listed community and private development projects, infrastructure and services offered to the community, amenities such as parks and recreational services, and technical services such as law enforcement and systems and technology. She said that a financial section was also included. She noted that the report would contain more visuals before public release. Mayor Sutton said the report was impressive and showcased how much work had been accomplished in a short amount of time. He thanked Ms. Ziegler for her diligence and said that the next stage of the report's growth would be even better. Ms. Ziegler thanked the Mayor and remarked that she was simply an editor and conduit through which each department head submitted information. Council Member Escobedo commended everyone on the report's success and said that it was a perfect baseline document for future annual reports. MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL NOVEMBER 3, 2004 e ge Relating to Personnel; approving and authorizing three additional staff positions with an estimated fiscal impact of $190,424. (Jane Howell) Mr. Reuwsaat presented the item before the Council and said that, due to the Town's rapid growth, the need for additional human resources was immediate. He said that there was a heavy schedule of planning goals and objectives to complete within the next year as well as 16,000 residential lots in various planning stages. He said that Town staff had tasked itself to complete the quality side of the community within a year. He remarked that adding to the overall workload was the fact that the Town would receive $12M in bonded Capital Improvement Projects through Pima County over the next five years. He pointed out that three new positions, a Human Resources Analyst, a Planner I, and a CIP Project Manager, were needed right away. He noted that the new positions carried a $190,424 fiscal impact and he recommended approval of the positions. Council Member Escobedo asked if the work stations projected in the proposal were for the new municipal complex or for the current facilities. Mr. Reuwsaat replied that the positions would be in place prior to moving into the new facility. Upon motion by Council Member Escobedo, seconded by Council Member Blake, approval and authorization to immediately hire three additional staff with an estimated fiscal impact of $190,424 was unanimously given. Resolution No. 2004-151: Relating to Parks & Recreation; approving and authorizing the Mayor to execute an intergovernmental agreement with Pima County to facilitate the planning, design and development of the Bureau of Reclamation Regional Park site within the Town of Marana (Frank Cassidy) Mr. Cassidy explained the proposed resolution and said that it was an intergovernmental agreement (IGA) with Pima County which facilitated the construction, management, and operation of a major regional park immediately east of the CAP canal at Avra Valley Road slightly east of the Marana Regional Airport. He said that the Bureau of Reclamation (BOR) required the Town to enter into this IGA with Pima County because of a pre-existing license agreement between the County and the BOR regarding the CAP trail and so that the Town recognized Pima County as the acting lead agency for all Bureau properties. He remarked that the Town was hoping for additional outside funding for the park site as it developed. 4 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL NOVEMBER 3, 2004 Upon motion by Council Member McGorray, seconded by Council Member Honea, Resolution No. 2004-151 was unanimously approved. Ordinance No. 2004.21: Relating to Real Estate; approving an exchange of real property located northwest of the intersection of Ina and Silverbell Roads; authorizing the Mayor to execute an exchange agreement with DCK Investments, Inc., and any other documents necessary to accomplish the exchange; and declaring an emergency (Frank Cassidy) Mr. Cassidy presented this item to the Council and explained that it was an exchange agreement with DCK Investments, Inc., relating to property just north of Ina Road along Silverbell Road. He said that this same entity owned the property on the east side of Silverbell Road as well and was gifting the Town the rights-of-way needed for the realignment construction. The Town Attorney pointed out that Marana was receiving quite a bit of right-of-way for the new Silverbell alignment and that after the construction completion the Town would be abandoning portions of the current right-of-way. He added that the right-of-way necessary for the new roadway would be available to the Town immediately. Upon motion by Vice Mayor Kai, seconded by Council Member McGorray, Ordinance No. 2004.21 was unanimously approved. Mr. Reuwsaat commented that putting together the right-of-way exchanges for the Silverbell Road, Ina Road, and bank protection projects had involved over 200 separate pieces of property that staff had to work with in order to accomplish the necessary tasks. He commended Myrlene Francis, the Town's ROW expert, on her stellar work associated with these properties and the right-of-way negotiations. e Resolution No. 2004-152: Relating to Development; approving and authorizing the Mayor to execute a Drainage Facility and Waterway Agreement with Union Pacific Railroad Company to facilitate construction of a drainage facility for the benefit of the San Lucas Development (Frank Cassidy) Mr. Cassidy explained that this item was a requirement of the San Lucas development and the developer's obligation to build various drainage facilities across the Union Pacific properties. He said that this agreement with Union Pacific Railroad Company facilitated that process. MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL NOVEMBER 3, 2004 Upon motion by Council Member McGorray, seconded by Council Member Honea, Resolution No. 2004-152 was unanimously approved. 6. Resolution No. 2004-155: Relating to Development; approving a Development Plan for Texas Roadhouse (Barbara Berlin) Ms. Berlin addressed the Council and said that the proposed restaurant development plan, represented by The WLB Group, was located in Continental Ranch Business Park south of Arizona Pavilions and east of Cracker Barrel Road. She said that the application met all of the requirements of the Continental Ranch Specific Plan and she recommended approval of the resolution. Council Member Escobedo asked about the overall height of the building. He also inquired about the community involvement of the applicant. Ms. Berlin replied that the building height was 27.6 feet from the base to the top of the roof and 28 feet was the maximum height allowed. Mr. Reuwsaat said that a letter from the Mayor was usually sent out to new businesses welcoming them to Marana as well as encouraging their community involvement and Chamber of Commerce membership. Mr. Barr pointed out that a Texas State flag would be flown over the Texas Roadhouse restaurant. Upon motion by Council Member Honea, seconded by Council Member Escobedo, Resolution No. 2004-155 was approved. C. MAYOR AND COUNCIL'S REPORT Council Member Escobedo reminded the Council and public that St. Christopher's Catholic Church would be holding its 50th anniversary November 4th through 7th. He said that there would be a carnival throughout the festivities' duration and a Tex-Mex/Country Western band would be featured on Friday evening. He urged everyone to attend. He pointed out that food boxes were placed in all of the Town facilities and that there would be a segment on Channel 13 TV on November 9th between 5:00 and 6:00 p.m. spotlighting the Marana Community Food Bank. He asked that everyone consider donating to this worthy cause. He continued by reporting that the Miracle in Marana event was moving forward and receiving generous assistance and donations from the community. MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL NOVEMBER 3, 2004 Vice Mayor Kai reported that the Central Arizona Water Conservation District (CAWCD) would be holding their November 4th Board meeting in Tucson at 9:30 a.m. at the Westward Look Resort. He invited the public to attend the CAWCD meeting. He commented that he had enjoyed the Halloween displays at Mayor Sutton's home as well as at Council Member Comerford's home. He said both displays were excellent. Council Member McGorray reported that she had assisted Mayor Sutton in his duties at the Western Heritage Rodeo on Saturday, October 30th. She said that she had distributed winning buckles to various contestants and she described the elated youth when receiving their prizes. She highly recommended that families seeking wholesome fun stop by and experience the local rodeo. Mayor Sutton agreed with Council Member McGorray and added that the rodeo event was a lot of fun for everyone involved. He said that he had been very busy with Town business over the past few weeks. He stated that most of his work had been with Pima Association of Governments (PAG) and the set up for the Regional Transportation Authority (RTA). He reported that he had met with Senator Jon Kyle for assistance on the transportation issues and had plugged the Town's involvement with Linda Vista/I-10 Interchange. He went on to report that he had attended the DM Federal Credit Union grand opening and ribbon cutting. He noted that the new business owners had expressed their desire to become involved community participants. He added that he had also attended a luncheon sponsored by the Greater Tucson Economic Council's (GTEC) and that the guests of honor had included Governor Janet Napolitano and Congressman Jim Kolbe as well as representatives of the Global Pharmaceutical Institute. The Mayor concluded his report by commending Ms. Ziegler for successfully coordinating his hectic schedule so that he was always in the right place at the right time. He added that he was very impressed with the Progress Report. Council Member Escobedo commented that the annual Halloween Spooktacular had a wonderful turnout of over 4,000 attendees and that the kids had been especially creative with fabulous costumes. He reported that all of the pumpkins purchased for the event had been carved into jack-o-lanterns. 7 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL NOVEMBER 3, 2004 XI. D. MANAGERS' REPORT Mr. Barr reported that Town senior staff would be attending the third coordination meeting with Pima County on November 4th and that the topic of discussion was the new Continental Ranch Library. He said that he hoped to be getting the construction schedule for a rough finish date. He reminded the Council and public that the Marana Chamber of Commerce's annual golf tournament was scheduled for Saturday, November 6% and would begin at 8:00 a.m. at The Pines at Marana Golf Course. He said that the Chamber welcomed any help supporting that event. 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 7:35 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council regular meeting held on November 3, 2004. I further certify that a quorum was present. Jocelyn Bronson, Town Clerk TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: December 7, 2004 AGENDA ITEM: IX. A. 1 TO: FROM: AGENDA TITLE: MAYOR AND COUNCIL Dan Groseclose, Housing General Contractor Resolution No. 2004-167: Relating to Housing; authorizing the Town of Marana to enter into an Intergovernmental Agreement with Pima County relating to the Marana Construction Works! Program DISCUSSION The Town of Marana desires to enter into an Intergovernmental Agreement (IGA) with Pima County for the purpose of receiving continued funding for the Marana Construction Works! Program. Specifically, this IGA relates to funding a budget of $46,000 to cover program costs from September 1, 2004 through June 30, 2005. These funds come from Pima County general funds and cover various costs incurred for the students and staff training. Construction costs come from the Marana HOME Program funds. ATTACHMENTS Intergovernmental Agreement. RECOMMENDATION Staff recommends Council approval of the Intergovernmental Agreement with Pima County relating to funding program costs for the Marana Construction Works! Program. SUGGESTED MOTION I move to approve Resolution No. 2004-167. Construction Works! Program 2/24/2004 1:33 PM DanG INTERGOVERNMENTAL AGREEMENT BETWEEN PIMA COUNTY AND TOWN OF MARANA Project Name: Construction Works! Project Contact: Town of Marana Lynn Ward 13251 N. Lon Adams Marana, AZ 85653 (520) 682-3401 Purpose: Provide Construction Skills Training for Participants attending Marana High School at Town of Marana's housing site Funding: Pima County General Funds Agreement Term: 9/01/04 to 6/30/05 Agreement Amount: $46,600.00 INTERGOVERNMENTAL AGREEMENT THIS INTERGOVERNMENTAL AGREEMENT ("Agreement") entered into between Pima County ("County"), a political subdivision of the State of Arizona, and the Town of Marana ("Marana"), a municipal corporation, for the purpose of entering into a cooperative effort for the provision of construction skills training in a program known as Construction Works! Project at a Marana housing site for participants attending Marana High School funded through Pima County General Funds; and WHEREAS, in accordance with Arizona Revised Statutes (A.R.S.) §11-951 et seq., A.R.S. §11-254.04, and the Workforce Investment Act of 1998, (29 U.S.C. §2801 et seq.), the County is authorized to enter into intergovernmental agreements for the provision of work skills programs for such Participants; and WHEREAS, since 1992 Marana has participated in Housing and Urban Development's (HUD) program to construct single family homes for Iow income families known as HOME; and WHEREAS, Marana has retained proceeds from the sale of the homes developed with HOME funds and reinvesting the proceeds into the construction of new homes; WHEREAS, the Construction Works! Project is located at Marana's property purchased with reinvested funds; and Original 1 of 2 WHEREAS, all homes built and sold must follow HUD standards. NOW, THEREFORE IT IS AGREED AS FOLLOWS: ARTICLE I - PURPOSE The purpose of this Agreement is to set forth the responsibilities of the parties for the Construction Works! Project that provides construction skills training activities for participants who attend Marana High School. ARTICLE I1- TERM/EXTENSION This Agreement shall commence on September 1,2004 and terminate on June 30, 2005, unless sooner terminated or further extended pursuant to the provisions of this Agreement, but shall not be effective until recorded with the Arizona Secretary of the State or Pima County Recorder, as is appropriate. This Agreement, upon mutual consent of the parties, may be extended for a period of time not to exceed 12 months. Any modification or time extension of this Agreement shall be by formal written amendment and executed by the parties. ARTICLE III - FINANCING. A. This is a cost reimbursement Agreement. Bo Requests for reimbursement for services under this Agreement shall be submitted to County by Marana on certified invoices signed by an authorized representative of Marana. C. Payment from County to Marana for the term of this Agreement shall not exceed $46,600.00. ARTICLE IV - SCOPE OF WORK/SERVICES A. Purpose The purpose of this Agreement is to outline the responsibilities for each party for the implementation of construction skills training activities for Marana High School students at home sites in Marana participating in the construction of new homes or rehabilitation of homes. Scope 1. Marana shall: a. Purchase and prepare building sites for construction of single-family homes for Iow-income homebuyers with funds from Marana. b. Contract for and coordinate construction of homes. c. Use proceeds from the sale of HOME Program-funded projects to purchase materials and pay for project coordination. d. Provide access to the construction site for participants enrolled in the construction training program. The participants will participate in construction activities such as framing, finish work, and cabinet installation for rehabilitation of homes and construction of new homes. e. Contract with a qualified training agency to provide an on-site construction skills training program for up to 40 participants that: i. Offers hands-on experience in construction activities such as framing, finish work, and cabinet installation for participant.s; ii. Emphasizes, wherever possible, applications of academic principles in the construction trades; iii. Provides qualified on-site supervision, training supplies, and for other costs; iv. Provide liability and student accident insurance coverage for all participants while they are on the construction site; f. Monitor worksites to ensure compliance with all applicable State, Federal, OSHA and child labor laws; g. Coordinate with County's.staff and training agency to synchronize activities; h. Ensure that homes constructed through this project meet all applicable HUD requirements; i. Market and arrange for the sale of completed homes to eligible and qualified homebuyers who meet the requirements of the federal HOME program; j. Provide homebuyer training and pre-purchase housing counseling program for buyers; k. Provide construction budget to County prior to initiation of construction activities; I. Maintain accurate records on expenditures and sale of the homes and provide timely reports to County on expenditures and sale; m. Comply with the HOME program provisions found at 24 CFR Part 92 including: i. 92.250 - Maximum per-unit subsidy amount and subsidy layering; ii. 92.251 - Property Standards; iii. 92.254 - Qualification as affordable housing: homeownership; iv. 92.257 - Religious Organizations; and n. Ensure that each household assisted through this program executes a promissory note and deed of trust that is consistent with County and HUD guidelines. County shall: a. Reimburse Marana for expenditures for construction training project for participants recommended for selection by Marana; b. Contract with an agency qualified in case management and work experience who will: i. Assign case manager to coordinate with Marana staff, subcontractor, and Marana High School staff to synchronize activities, align participant tracking, evaluate and report overall project outcomes; ii. Administer incentive payments to participants based upon training hours completed; iii. Provide job-skills assessments, case management services, employability-skills training, job placement assistance, and follow-up training opportunities for all enrollees; iv. Perform state-required background and fingerprint checks on all staff who work with participant; and Track and share information with Marana High School on the following participant information: .. a). Attendance in the training component; b). Performance in the training component; and c). Behavioral and other issues which might be relevant to their performance in the training component. ARTICLE V - TERMINATION A. Termination for Convenience: County reserves the right to terminate this Agreement at any time and without cause by serving upon Marana 30 days advance written notice of such intent to terminate, except that if the grant funding under which this Agreement is made, is terminated or the amount of the grant reduced, the County shall thereupon have the right to terminate or reduce the Agreement dollar amount of this Agreement by giving Marana written notice of such termination and specifying the date thereof at least fifteen days (15) days before the effective date of such termination. In the event of such termination, the County's only obligation to Marana shall be payment for services rendered prior to the date of termination. B. Insufficient Funds: Notwithstanding any other provision in this Agreement, this Agreement may be terminated if for any reason there is not sufficient appropriated and available monies for the purpose of maintaining County or other public entity obligations under this Agreement. In the event of such termination, County shall have no further obligation to Marana, other than for services rendered prior to termination. Suspension for Cause: County may suspend operations and payments under this Agreement 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 Agreement. Administrative Suspension: County may temporarily suspend operations and payments under this Agreement immediately at any time if the Board of Supervisors or County Administrator determines that it is in the County's best interest to suspend this Agreement. In the event of such suspension, Marana shall assist County by providing information and documents to evaluate the status of the Agreement and whether it should be continued. ARTICLE VI - DISPOSAL OF PROPERTY Upon the termination of this Agreement, all property involved shall revert back to the owner. Termination shall not relieve any party from liabilities or costs already incurred under this Agreement, nor affect any ownership of property pursuant to this Agreement. ARTICLE VII - IDEMNIFICATION 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. ARTICLE VIII - COMPLIANCE WITH LAWS Both parties shall comply with all federal, state and local laws, rules, regulations, standards and Executive Orders, without limitation to those designated within this Agreement. The laws and regulations of the State of Arizona shall govern the rights of the parties, the performance of this Agreement and any disputes hereunder. Any action relating to this Agreement shall be brought in an Arizona court in Pima County. Any changes in the governing laws, rules and regulations during the terms of this Agreement shall apply but do not require an amendment. ARTICLE IX - NON-DISCRIMINATION Both parties shall not discriminate against any Marana or 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 duties pursuant to this Agreement. Both Parties shall comply with the provisions of Executive Order 75-5, as amended by Executive Order 99-4, which is incorporated into this Agreement by reference, as if set forth in full herein. ARTICLE X - ADA Both parties shall comply with all applicable provisions of the Americans with Disabilities Act (P.L. 101-336, 42 U.S.C. 12101-12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36. ARTICLE Xl - SEVERABILITY If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable to the full extent permitted by law. ARTICLE Xll - CONFLICT OF INTEREST This Agreement is subject to cancellation for conflict of interest pursuant to A.R.S. §38- 511, the pertinent provisions of which are incorporated herein by reference. ARTICLE Xlll - 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 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. ARTICLE XlV - NO JOINT VENTURE It is not intended by this Agreement to, and nothing contained in this Agreement shall be construed to, create any partnership, joint venture or employment relationship between the parties or create any employer-employee relationship between County and any Marana employees, or between Marana and any County employees. Neither party shall be liable for any debts, accounts, obligations nor other liabilities whatsoever of the other, including (without limitation) the other party's obligation to withhold Social Security and income taxes for itself or any of its employees. ARTICLE XV - INSURANCE Both parties are self insured and all minimum levels of insurance are met. ARTICLE XVl - NO THIRD PARTY BENEFICIARIES Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or affect the legal liability of either party to the Agreement by imposing any standard of care different from the standard of care imposed by law. ARTICLE XVll - FINGERPRINTING Both parties shall comply with applicable provisions of A.R.S. §46-141, which are hereby incorporated as provisions of this Agreement to the extent such provisions are applicable due to statute, case law, County contract or other legal authority. THIS SPACE INTENTIONALLY LEFT BLANK ARTICLE XlX - ENTIRE AGREEMENT This document constitu{es the entire Agreement between the parties 'pertaining t.o.the subject matter hereof, and all prior or contemporaneous agreements and understandings, oral or written, are hereby superseded and merged herein. This IGA shall not be modified, amended, altered or extended except through a written amendment signed by the parties and recorded with the Pima County Recorder or Arizona Secretary of State as appropriate. PIMA COUNTY: TOWN OF MARANA: Chair, Board of Supervisors Date ATTEST: Clerk of the Board Date APPROVED AS TO CONTENT: Pima County Comm,u~ity Services Employment & Training Department Date/'¢)/'-~7' Pursuant to A.R.S. §11-952D, the attorneys for the parties have determined that the foregoing Agreement is in proper form and is within the powers and authority granted under the laws of this State to the parties. Deputy ~ou n~[7"Att~ Date -roCn~ of l~la'~-~a-Atto m e v/ Date`/ MARANA RESOLUTION NO. 2004-167 RELATING TO HOUSING; AUTHORIZING THE TOWN OF MARANA TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH PIMA COUNTY RELATING TO THE MARANA CONSTRUCTION WORKS! PROGRAM. WHEREAS, Arizona Revised Statutes (A.R.S.) § 11-952 grants the Town of Marana the authority to enter into intergovernmental agreements, and WHEREAS, Marana has participated in Housing and Urban Development's (HUD) program to construct single family homes for low to moderate income families known as HOME since 1992, and WHEREAS, Marana has retained proceeds from the sale of the homes developed with HOME funds and reinvesting the proceeds into the construction of new homes, and WHEREAS, Pursuant to said Agreement, the Town provides work skills for youth funded through the Pima County General Fund and HOME Program funds, and WHEREAS, the continuation of the HOME Program 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 that the Mayor is authorized to execute the Intergovernmental Agreement between the Town of Marana and Pima County for the continuation of Marana Construction Works Program. Marana Resolution No. 2004-167 Page 1 of 2 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 7th day of December, 2004. Mayor Bobby Sutton ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Resolution No. 2004-167 Page 2 of 2 TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: December 7, 2004 AGENDA ITEM: IX. A. 2 TO: FROM: SUBJECT: MAYOR AND COUNCIL Barbara C. Berlin, Planning Director Resolution No.2004-154: Relating to Subdivisions; approving a Final Plat for Rancho Marana 154. DISCUSSION APPLICANT: The property owner is Monterey Homes, 4742 North Oracle Road, Suite 111, Tucson, Arizona, 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 Blocks 1 through 7, a subdivision on Block One of 167 lots, and Common Areas "A" through "G" on 154.17 acres. This property lies within a projected "Residential Village" per the Northwest Marana Area Plan. This plan requires the developer to 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 block plat includes a subdivision of 167 lots on Block One. 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 6,000 square foot minimum lot size is per Development Agreement recorded 8-20-04. The balance of the project is block-platted into six blocks, three of which are commercial comers, and allows residential densities of up to 4 RAC. Commercial uses are on small sites and would be limited in scope. The project site is within the limits of the Marana Regional Airport. An Avigation Easement has been provided. 110304 PRV-03081 Rancho Marana 154 Final Plat RECOMMENDATION Staff recommends approval of Resolution No. 2004-154 approving 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 February 6, 1990, the Marana Land Development Code, and the Marana General Plan, and anticipates future revisions of the Rancho Marana Specific 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, Final Plat for Rancho Marana 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 its regular meeting of December 7, 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, 167 lots 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 7th day of December, 2004. Mayor Bobby Sutton, Jr. ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney TO'~,~ OF 5LS, RAaNA Planning and Zoning Department 3696 W. Orange Grove Road *' Tucson. AZ 85741 (520) 29'7-2920 Fzx: (520) 297-3930 PLANNING & ZONLNG APPLICATION 1. TYPE OF APPLICATION (Check One) Preliminary Plat Final Plat Development Plan Landscape Plan Native Plant Permit 'Zl General Plan Amendment El Specific Plan Amendment El Rezone El Significant Land Use Change El Variance ~ Conditional Use Permit ~ Other Assessor2s Parcel Number(s) Gross ,~'ea (Acre/Sq. Ft.) Development/ Proiect Name Project Location Description of Project Property Owner Street Address Contact Person Applicant Street Address Contact Person GENERAL DATA REQUIRED I General Plan Desi~adon O ~ 0 i (To be confirmed by staff) lZiP Code I Phone Number Fax Number Phone Number Zip Code Phone Number Fax Number Phone Number E-Mail Address State E-Mail Address Agent/Representative Street Address Contact Person Zip Code --Phone Number \ Fax Number I E-Mail Address Marana B'~iness Lmense No. 3. AUTHORIZATION OF PROPERTY OWNER Print Name of Applidant/~ent~.~ I, the undersigned, certi~' that all of the facts set forth in this application are true to the best of my knowledge and that I am either the o~amer of the proper'o' or that I have been authorized in x~witinz by the owner to file this application. (If not owner of record, attach written authorization from the owner.) Si~ature Date FOR OFFICE USE ONLY Date Received --I/tq Case No..;'F~V-O:Scg'if CRWNo. f'~ v'oL'/o-/-OOS' ReceivedBy /0~dl'~gt.- C/~ Fee Amount MA.M RANA TOWN OF MARANA Rancho Marana 154 PRV-03081 Rancho Marana 154 \ ! A request for approval of a Final Plat for a 167-1ot subdivision and six blocks on 154.14 acres. TOtN OF MARANI APPROVALS PROJECT LAYOUT PIMA COUNTY APPROVA£$ BOOK Sd,lEET 1 OF 9 BOOK PAGE BLOCK BLOCK ? BLOCK 2 155 160 1G3 SEE SHEET B BOOK__ PAGE __ FINAL PI/]' RANCtlO MARANA 154 s~tmm~, ~o~ SHEET 2 OF 9 SEE SHEET 8 DRIVE 1oo W W -r W w SEE SHEET 5 135 134 142 143 145 146 147 · FARM FIELD FIVE ]BK. 5?, M&P PG. O2 BOOK PAGE __ PRV--O30$lf FINAL PLAT P~NCHO MARANA 154 SHEET 3 OF 9 BLOCK Croup SEE SHEET 2 \ \ \ \ 51 50 58 I 49 SEE SHEET 6 57 59 BOOK PaGE __ 88 W W "r W W PJ~V-oaoa t! FINAL PLAT RANCHO MARANA 154 SHEET 4 OF g W~ W~ '1' (/3 59 SEE SHEET 3 130 SEE SHEET 7 BooK ,PAGE __ FARM FIELD FIVE BOOK 57, M&P, PG. 02 P~Y-O3OBff FINAL PLAT RANCHO MARANA 154 SHEET 5 OF g SEE SHEET 4 B.OCK 2 5O 44 JS I'N~-J I.I BOOK PAGE __ FINAL PLAT RA~I~ItO MARANA LOTS 1 THRU 117 AgO J ~ 'A 1NRU /' ANO ~X:KS 2 Ttg~ 7 ~,,*~;~. ~ SHEET 6 OF 9 48 DRIVE SEE 33 34 Iff P]J~.-'~ SHEET 5 Group ]~ EXCLUDED FA~k4 FI£LD [IV[ -.~APS & PLATS BOOK 57, PG. 02 BOOK PAGE CURVE TABLE FINAL PLAT RA.~CHO MARANA 154 ~ zao4 SHEET 7 OF 9 BOOK PAGE , BOOK PAGE __ UNSUBDIVIDED ~L / ~c:T~ u~ BLOCK 4 18 g39ac. BLOCK BLOCK 6 BLOCK BLOCK BLOCK SEE SHEET 9 A-I SEE SHEETS 2-7 ]J UNSUBDI VIDED ~FAR~[ F/ELD FIVE 144 BOOI~ 571 PACE 02 J----'MAP~ AkD PLA?S ji45 I FIlL P~T s~P1Dm~. ;mo4 SHEET 8 Of g BOOK PAGE __ BOOK~ PAGE UNSUBDIVIDED SEE SHEET 8 BLOCK UNSUBDIVIDED MOORE ROAD (BK,2, PG.126) GLADDEN FARMS BK.55, PG.60 FILIAL PLAT IIANCHO MARANA I54 LOTS I 1141KI 167 ~0 ~ AR[AS "A THRU f' ,tJ4O BL(X~CS 2 TH~ 7 ~',mm~. ~oa4 SHEET 9 OF g TOWN COUNCIL ~ MEETING TOWN OF MARANA INFORMATION ~"~ MEETING DATE: December 7, 2004 AGENDA ITEM: IX. A. 3 TO: FROM: SUBJECT: MAYOR AND COUNCIL Barbara C. Berlin, Planning Director Resolution No.2004-162: Relating to Subdivisions; approving a Final Plat for Continental Reserve Block 17. DISCUSSION APPLICANT: Lennar/U.S. Homes, represented by OPW Engineering, 7000 East Tanque Verde Rd., Suite No. 37, Tucson, Arizona. LOCATION: The project is located north of Pima Reserve Drive and west of Wade Road in a part of Sections 28 and 33, Township 12 South, and Range 12 East. PROJECT DESCRIPTION: The applicant is proposing to plat 123 lots on 34.23 acres of land. The land use designation within the Pima Farms Specific Plan is Medium Density Residential, 3 - 6 RAC. All streets will be public. Lot sizes range from minimum 6,404 square feet to maximum 15,556 square feet, and average 8,365 square feet. The maximum building height per the Specific Plan is 34 feet and two stories. Lots adjacent to Wade Road and are required to be 12,000 square feet or larger and single story per requirements of the Pima Farms Specific Plan. RECOMMENDATION Staff recommends approval of Resolution No. 2004-162, approving a Final Plat for Continental Reserve Block 17. Staff has reviewed the application using the Pima Farms Specific Plan, adopted by Ordinance No. 88.01 May 30, 1989, The Continental Ranch Final Block Plat recorded February 18, 2000, the Marana Land Development Code, and the Marana General Plan. This Final Plat is in conformance with all required development regulations and conditions of zoning, and the Preliminary Plat approved August 3, 2004 by Resolution No. 2004-114. SUGGESTED MOTION I move to approve Resolution No. 2004-162. 110304 PRV-04002 Continental Reserve Block 17 Final Plat MARANA RESOLUTION NO. 2004-162 RELATING TO SUBDIVISIONS; APPROVAL OF A FINAL PLAT FOR CONTINENTAL RESERVE BLOCK 17. WHEREAS, Lennar/U.S. Homes, the owner of Continental Reserve Block 17, has applied for approval of a Final Plat for 123 single family detached homes on 34.23 acres comprising Block 17, and including lots 1 through 123 and Common Areas "B", "D", and "E", and is located generally north of Pima Reserve Drive and southeast of Continental Reserve Loop Road, within Sections 28 and 33, Township 12 South, Range 12 East; and WHEREAS, the Marana Town Council approved the Continental Reserve Block 17 Preliminary Plat August 3, 2004 by Ordinance No. 2004-114; and WHEREAS, the Town Council, at its regular meeting on December 7, 2004 has determined that the Continental Reserve Block 17 Final Plat should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that Continental Reserve Block 17 Final Plat, a 123-1ot residential subdivision within the Continental Reserve Block Plat and generally located north of Pima Reserve Drive and southeast of Continental Reserve Loop Road, within Sections 28 and 33, Township 12 South, Range 12 East, is hereby approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 7th day of December 2004. ATTEST: Mayor BOBBY SUTTON, JR. Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Resolution No. 2004-162 MARANA TOWN OF MARANA Continental Reserve Block 17 PRV-04002 -'""::-- ' O Block 1 7 Request for approval of a 123-1ot single-family subdivision on 34.23 acres within the Continental Reserve Block Plat. MAr^n,. TOV~ OF MARANA Planning and Zoning Department 3696 W. Orange Grove Road * Tucson, AZ 85741 (520) 297-2920 Fax: (520) 29'7-3930 PLANNING & ZONING APPLICATION 1. TYPE OF APPLICATION (Check One) Preliminary Plat ~ General Plan Amendment D Variance Final Plat ~1 Specific Plan Amendment ~ Conditional Use Permit Development Plan :21 Rezone CI Other Landscape Plan :21 Significant Land Use Change Native Plant Permit Assessor's Parcel Number(s) Gross Area (Acre/Sq. Ft.) Development/ Project Name 2. GENERAL DATA REqUmED General Plan Designation (To be confirmed by staff) Current Zoning 'To be confirmed by staff) Proposed Zoning Project Location Description of Project Property Owner Street Address Contact Person City State -77.0 ¢ /.:,L.6t, J t=or~v'X Ol'~t~E t 5%~- 7.~ I [z-(.L. fl-~,x~.m U Zip Code Applicant Phone Number Fax Number E-Mail Address 5¢t, 3 Phone Number Street Address Zip Code Phone Number i Phone Number Contact Person ~k¢~ ~ ~~ Agen~epresentative State S~eetAaaress ~ ~ ~'~~ [ i { I Contact Person M~a Business License No. I Fax Number a.-M ail Address 3. AUTHORIZATION OF PROPERTY OWNER 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-irr'~iting by the owner to/file this application. (If not owner of record, attach written~2) k¢'~~auth°rizati°n from~L.k~,~ ~ i~the owner.)p /~~-"/~" / ~J/ ~' f. ~I~ Print Name of Applicant/Agent ~ Signature Date d FOR OFFICE USE ONLY CaseNo. ?~F'O&/~~)~-'~ DateReceiv ~.~L"/19¢ ReceiptNo. Received By Z'~.('[(J~9~ ~ ~'¢~2//t9 Fee Amount ..... m,: MARANA -I-OW~ OF MARACA I Continental Reserve /~~°~k ~? Block 17 Request for approval of a 123-1ot single-family subdivision on 34.23 acres within the Continental Reserve Block Plat. BENEF~CIARE$ OF 'TRUST RECORDING WATER ADEQUACY APPROVALS C~=NEP,~.L NOTES 1. TH[ GROSS AREA OF THIS S~BOr~ISION is 34.23 ACRES (1,491.223 SO. FT.) OPEN SPACe: - COUUON AREA 'B" IS 0.gB ACRES. ) BOOK PAGE / LOCA'rlo~ MAP ASSURANCES CERTFIC^TION OF SURVEY LOTS I - ~ AND COMMON ~S 'El' (~ SPACE), 'D' (DI~AIqA(~E) AND 'E' (].AJ~OSCAPE) OPW ENGINEERING, L.L.C. BOOK PaGE BOOK PAGE C NORTH SCALE: I* =40' J / I 5o ' (O~EN S~ACE) \ \ 71 7.687 JCl. N88'32'53~ ER) 70 7,968 iq. 69 68 11.573 lq. ft. 66 67 10.296 iq. ft. 64 6.600 lq. ft. 63 62 6,889 lq. ~ ,/ 91 65 SEE SHEET 3 102 103 108.20' 82.65' 105 9,68O iq. ,'~ 104 (Pueuc) 106 107 14,927 ~ ft. · (L~NDSC.~t:) -' '-~ _.L._~37.4e, PIMA RESERVE DRIVE a-e9's9'og' 45' 4527' ~ SE, COR. ~ PL~T AlvlEIIS~ Cl;L)EST LOTS I - 123 AJ~O COMMON A~:~-AS ~ (OPE~ OPW ENGINEERING, L.L.C. BOOK PAGE BOOK PAGE UNE TABLE L~ N 42~2'44' [ 141.92' S.V.E. *NOT * \ 47 48 '\ PRONE UN£ 43 74 · 9.016 iq. ft. 7,31e Iq. ft. 6.820 lq. ft. 76 / / 95 '/SEE SHEET 2/ 96 82 9,815 iq. fl. I 97 83 10,041 Iq. ff. 85 88 12.140 lq. ft. 98 NORTH SCALE: t' =40' CE'EST LOTS I - 123 AND COk~ AI;L~cAS 'B' (OPIEN SPACe), 'D' (D~AI'xlAGE) AND 'E' 0..ANDSCAPED O~W FNGINFERING, L..L.O. c~w :~ N~ o3oe~-~o2 PRM0400: BOOK PAGE BOOk PAGE. NORTH 5 ~5 4 / 8,168 ~q. ft. 2 6,983 ~fl. fL 125 SEE SHEET 5 121 ~2 ,.' 118 50 12,944 ~. ft. 69 PHAL PLAT LOTS I - 123 ~ COMMON AI~EAS '~' (OPEN SPACE). 'D' (D~.OJNAG, E.) AND ~E' (LANDSCAF=~) OPW ENGINEERING, LLC, BOOK PAGE BOOK. PAGE NORTH $CAL£: I" =40' 11.028 iq. 13655 lq. ft.. $££ SHE£T 4 (1~:) 23 10.945 Iq. fl. 21 !o × SHEET 33 43 7.478 ~ ft. 44 45 ~1,664 iq. fl. -Do 38 6,727 lq. ft. $9 ~ P6~. 40 6,961 iq. fl* / I/ ¸79 ~ F~.~T AMBE~ CI;L)EST LOTS I - [23 AND COMMON AJ:L~.AS .SPACE), 'D" ~ ~ ~' ~~) OPW ENGINEERING, L.L.C. BOOK PAGE 57 '~, 50 49 ::,:__ . .. ., .., 67 EHSL ON PR0~. FLOOD UNE ON PROP. 92 E.H.S.L UNE TABLE 100 YR FLOOD LINE TABL~ 46 45 86 84 NORTH SCALE: i" =40' 22 43 PR(~E LINE 49 4O 83 ~ ~ST ~ LOTS I - 123, ~ COMMON AI;L~_AS ~ (Of:~N OPW ENGINEERING, L.L.C. BOOK PAGE TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: December 7, 2004 AGENDA ITEM: IX. A. 4 TO: FROM: $1JBJECT: MAYOR AND COUNCIL H. Thomas Gill, Jr., Interim Public Works Director Resolution No. 2004-163: Relating to Streets; approving the renaming of "Guardian Place" and "Guardian Drive" (private streets) within the Gallery Resort Parcel at Dove Mountain Subdivision to "Gallery Canyon Place" and "Gallery Canyon Drive," respectively (private streets). DISCUSSION Rick Engineering Company on behalf of Cottonwood Palo Verde L.L.C. is requesting to rename the existing private streets "Guardian Place" and "Guardian Drive" located in the Northwest quarter of Section 24, Township 11 South, Range 12 East, Gila and Salt River Meridian, Town of Marana, Pima County, Arizona as recorded in the final plat, Book 58, Page 52. "Guardian Place" and "Guardian Drive" lie within the Gallery Resort Parcel at Dove Mountain Subdivision and provides access to fifteen residential properties located on the said streets as depicted on Exhibit "A". Rick Engineering Company requested the re-naming of "Guardian Place" and "Guardian Drive" to "Gallery Canyon Place" and "Gallery Canyon Drive". This letter is attached hereto as Exhibit "B". Pima County Addressing Department has approved the proposed naming on November 3, 2004, see Exhibit "C". Additionally, the Intergovernmental Agreement between Pima County and the Town outlines that addressing and street naming services shall be processed by the Town. RECOMMENDATION Staff recommends approval of the street renaming of "Guardian Place" and "Guardian Drive" to "Gallery Canyon Place" and "Gallery Canyon Drive". SUGGESTED MOTION I move to approve Resolution No. 2004-163. 12/01/2004/3:11 PM MARANA RESOLUTION NO. 2004-163 RELATING TO RENAMING "GUARDIAN PLACE" AND "GUARDIAN DRIVE" (PRIVATE STREETS) WITHIN THE GALLERY RESORT PARCEL AT DOVE MOUNTAIN SUBDIVISION TO "GALLERY CANYON PLACE" AND "GALLERY CANYON DRIVE" (PRIVATE STREETS). WHEREAS, the street names for the Gallery Resort Parcel are recorded in the final plat, recorded in Book 58, Page 52; and WHEREAS, Rick Engineering Company has requested this street name change in a letter attached as Exhibit "B" and incorporated herein by this reference; and WHEREAS, the Town recommends to rename "Guardian Place" and "Guardian Drive" in the Gallery Resort Parcel to "Gallery Canyon Place" and "Gallery Canyon Drive" more fully depicted on the Location Map attached hereto as Exhibit "A" and incorporated herein by this reference; and WHEREAS, Pima County Addressing Department approved the proposed street names on November 3, 2004, see attached, Exhibit "C" incorporated herein by this reference; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Town of Marana rename "Guardian Place" and "Guardian Drive" in the Gallery Resort Parcel to "Gallery Canyon Place" and "Gallery Canyon Drive" more fully depicted on the Location Map attached as Exhibit "A". PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 7th day of December, 2004. ATTEST: Mayor BOBBY SUTTON, JR. Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney I:\Council Packets\2004\12-07-04 study and council\Resolution 2003-XX (Guardian Street Name Change).doc GENERAL NOTE8 FINAL PLAT FOR RESORT PARCEL LOTS 1-15 & COl~k, lON AREAS "A", "B-1 ", "B-2" & "C" ~ '~. ~ LEGEND PAR0~L I ~ ~ ~ UNSUBDIVID~D = 14. THE~AKT~ENI~'~FL~[M]TSI]~iNCOTS~S~TS~ATHAT~Y~[CT L~ ~i~5/, J 1 / 2 / 6 / /J I ' ' GUARDI N ~ -- CERTIFICATION OF SURVEY DEDICATION PA~OEL I -~ ~~ .. % / q ~/ *~ P~IC E~[KTS ~ SHOW H~. UTILITY [~NTS ~ 5HM H[~ ~ ~Ol~t[0 ¢~ ~[ ~ ~ ~ 7~% ~ '~ ~ I-~JTOWN OF MARANAJ ~ (, ~? ............. 0 ............................ ;~ / / ~ ~~.-- .... ----;~ ff14195 N GALLERY RE~ S~ETY. ~ LI~ZLITY ~ THE ~ ~ ~ ~IVATE ~I~WAYS ,[THIN 1HiS ~IVIS]~. ~ ~ RECORDING DATA W ~ ~ ~ ss. · ATER ADEQUACY ~ ........... ~ ~,~.A N A APPROVALS PIMA COUNTY APPROVAL ASSURANCES BASIS OF BEARING FINAL PLAT FOR RESORT PARCEL LOTS 1-15 & COMMON AREAS 'A', 'B-I'. 'B-2' & 'C' ~ ~c Ma~q~A. PI", COUNTY. ~lZQK;q PRV*"0194FP SHEET 1 OF :] ROOK - - RICK EXHIBIT "B" ' - ENGiNTEERING z COMPANY San Diego Riverside Orange Phoenix Tucson September 22, 2004 Mr. Fernando Prol TOWN OF MARANA TRAFFIC ENGINEERING 3696 West Orange Grove Road Tucson, Arizona 85741 SUBJECT: THE GALLERY RESORT PARCEL REQUEST FOR STREET NAME CHANGE JN 2820 -G Dear Mr. Prol: On behalf of my client, Cottonwood Palo Verde L.L.C., I am requesting to change the Guardian Drive and Guardian Place street names to Gallery Canyon Drive and Gallery Canyon Place. Guardian Drive, a private street, originates at Gallery Place at the east frontage of the Gallery Parcel 1 Subdivision (Book 51, Page 53) and connects to Guardian Place, which serves the entire 15 -lot subdivision. My client requests a street name change to better market The Gallery Resort Parcel subdivision. The street name change will affect the addresses for the newly recorded subdivision. As of this request none of the lots have been sold, therefore the entire subdivision is still owned by Stewart Title & Trust of Tucson under Trust No. 3611. We believe that a street name change is a reasonable request given the circumstances stated above. Please feel free to call our office if you have any questions. Sincerely, RICK ENGINEERING COMPANY, INC. Colleen Stoetzel, Al Associate Project Planner Enclosures CS /cs H:\2820\2820G Resort Parcel \addressing_streetname change_Itr.doc 1745 East River Road Suite 101 • Tucson • Arizona • 85718 • (520)795 -1000 • FAX: (520)322 -6956 www.rickengineering.com e lol menl Services EXHIBIT "C" 11-04-04/\t': :7'7 ADDRESSING DEPARTMENT 201 N STONE AVE, 1 ST FLOOR TUCSON, ARIZONA 85701-1207 KAY MARKS ADDRESSING OFFICIAL PH: (520) 740-6480 FAX #: (520) 740-6370 November 03, 2004 Town of Marana Planning Department 3696 W. Orange Grove Rd. Tucson, AZ. 85741 Attention: Monica Moxley Dear Monica; The request from Rick Engineering to change Guardian Drive to Gallery Canyon Drive and Guardian Place to Gallery Canyon Place has been reviewed and approved by Pima County Addressing. The existing Guardian Drive and Guardian Place are existing street names in The Gallery Resort Parcel, recorded in Book 58, Page 52. Please provide a recorded copy of the approved street name changes to myself so that we can change all records and notify all government and utility agencies. Sincefl~,lY, Addressing Official TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: December 7, 2004 AGENDA ITEM: IX. A. 5 TO: FROM: SUBJECT: MAYOR AND COUNCIL C. Brad DeSpain, Utilities Director Resolution No. 2004-165: Relating to Water Service; authorizing the Town of Marana to cooperate with other northwest Tucson area municipal water providers to convince the United States Bureau of Reclamation that a northwest Tucson Active Management Area Central Arizona Project reliability reservoir is critically important for the area's future potable water supply DISCUSSION The Town of Marana, Flowing Wells Irrigation District, Metropolitan Domestic Water Improvement District and the Town of Oro Valley ("NW Municipal Providers") are supporting the funding efforts of the United States Bureau of Reclamation (Reclamation) for the continued planning, design, environmental studies and construction of the Northwest Tucson Active Management Area reliability reservoir. The NW Municipal Providers and Reclamation have been working together for ten years to plan for a future potable water supply. The NW Municipal Providers and Reclamation completed the Southern Arizona Regional Water Management Study ("SARWMS") in 2000, a broad-based and thorough evaluation of northwest regional potable supply alternatives. They also completed a 2002 pilot study of slowsand and reverse osmosis treatment of Central Arizona Project ("CAP") water, which confirmed high quality water could be produced at significant cost savings. The NW Municipal Providers intend to use CAP water by treatment and direct delivery or by recharge and recovery. The SARWMS has established that a shared future treatment facility and distribution system for CAP water is a cost effective alternative. Initial planning for a reliability reservoir has been done and the estimated cost is $23 million. RECOMMENDATION The Water Utility Advisory Committee and Staff recommend adoption of Resolution No. 2004-165, authorizing the Town of Marana to cooperate with other northwest Tucson area municipal water providers to convince the United States Bureau of Reclamation that a northwest Tucson Active Management Area Central Arizona Project reliability reservoir is critically important for the area's future potable water supply. SUGGESTED MOTION I move to adopt Resolution No. 2004-165. BL U NW Municipal Providers 12/01/20042:59 PM APM MARANA RESOLUTION NO. 2004-165 RELATING TO WATER SERVICE; AUTHORIZING THE TOWN OF MARANA TO COOPERATE WITH OTHER NORTHWEST TUCSON AREA MUNICIPAL WATER PROVIDERS TO CONVINCE THE UNITED STATES BUREAU OF RECLAMATION THAT A NORTHWEST TUCSON ACTIVE MANAGEMENT AREA CENTRAL ARIZONA PROJECT RELIABILITY RESERVOIR IS CRITICALLY IMPORTANT FOR THE AREA'S FUTURE POTABLE WATER SUPPLY. WHEREAS, the Town of Marana, Flowing Wells Irrigation District, Metropolitan Domestic Water Improvement District, and the Town of Oro Valley (hereinafter collectively referred to as 'NW Municipal Providers') have worked with the United States Bureau of Reclamation (hereinafter referred to as 'Reclamation') for ten years to plan for the future potable water supply for the customers within their service areas; and WHEREAS, the NW Municipal Providers and Reclamation completed the Southern Arizona Regional Water Management Study (' SARWMS') in 2000, a broad-based and thorough evaluation of northwest regional potable supply alternatives; and WHEREAS, the NW Municipal Providers and Reclamation completed a 2002 pilot study of slowsand and reverse osmosis treatment of Central Arizona Project water, which confirmed high quality water could be produced at significant cost savings; and WHEREAS, Central Arizona Project water is a critical component of the future planned "wet" water supply by treatment and direct delivery or by recharge and recovery for the NW Municipal Providers; and WHEREAS, SARWMS has established that a shared future treatment facility and distribution system for Central Arizona Project water is a cost effective alternative for the NW Municipal Providers; and WHEREAS, ongoing revisions in water quality standards have highlighted the importance of effective, robust and economically efficient water quality treatment technologies that can be managed and incorporated into a shared treatment facility; and WHEREAS, all potable water supplies delivered by the NW Municipal Providers must meet customer requirements for taste and mineral content, in addition to Federal water quality standards, and these customer requirements can most cost effectively be achieved in a shared treatment facility; and WHEREAS, Central Arizona Project infrastructure requires periodic planned maintenance shutdowns and is also subject to unplanned emergency shutdowns; and WHEREAS, a NW regional treatment facility for Central Arizona Project water can only operate effectively with a reliable water supply; and WHEREAS, Congress authorized construction of reliability features, under the Central Arizona Project Tucson Reliability Division, in the Tucson area that will provide 'as reasonably reliable as supply' to Tucson Central Arizona Project customers as to Phoenix Central Arizona Project customers; and WHEREAS, the Congressional authorization also included funding projections of up to $90 million for these Tucson-area reliability features; and WHEREAS, as part of both SARWMS and the Tucson Aqueduct System Reliability Investigation ('TASRI'), Reclamation and the NW Municipal Providers have done initial planning for a reliability reservoir ('Reservoir') for the benefit of the NW Municipal Providers; and WHEREAS, the cost of the Reservoir is estimated at approximately $23 million, which is only a fraction of the total Congressional funding authorization for the Tucson Reliability Division features; and WHEREAS, in addition to providing supply reliability to the NW Municipal Providers, the Reservoir will provide significant operational benefits for managing peak Central Arizona Project demand and reducing Central Arizona Project power costs; and WHEREAS, ongoing Congressional appropriations pursuant to the Tucson Reliability Division authorization are required to fund the planning and construction of the Reservoir; and WHEREAS, timely completion of the Reservoir in coordination with construction of treatment and distribution infrastructure is critical to maintaining a high quality, reliable water supply at reasonable cost; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. In cooperation with other NW Municipal Providers the Town will, (a) continue to plan for the treatment and delivery of Central Arizona Project water as a critical element of future potable supply, (b) fully support all necessary funding for planning, design, environmental studies and construction of the NW Tucson Active Management Area reliability reservoir, (c) continue to work cooperatively with the other NW Municipal Providers, Reclamation, Central Arizona Water Conservation District and other parties to ensure that the Reservoir serves a Central Arizona Project system management role as well as providing supply reliability for the NW Municipal Providers. SECTION 2. The various Town officers and employees are authorized and directed to RSO 041207 NW Municipal Providers 2004-165 2 APM 12/01/2004 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 7th day of December 2004. ATTEST: Mayor Bobby Sutton, Jr. Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney RSO 041207 NW Municipal Providers 2004-165 3 APM 12/01/2004 PROCLA_MATION I~,rHEREAS, Jim Kolbe has been the Member of Congress !~.7-. representing District 8 in Southern Arizona, including the Town of Marana, since 1985; and '~ ~:. VCHEREAS, in his capacity as Congressman, he continues to : ' faithfully represent us, his constituents, by protecting and promoting the .. -._ interests of the Town of Marana, its citizens and all of Southern Aa'izona in -'our'federal government; and 3~rHEREAS, he has dedicated his life to public serx4ce, always keeping the good of the public in mind, and has been a dose friend and ardent supporter of the Town of Marana for man), years; and WHEREAS, he has been instrumental in bringing tangible benefits to our community, such as $4.smillon in federal funding recently earmarked to help construct the Twin Peaks Corridor to improve transportation issues in the Town of Marana. NO~¥, THEREFORE, the Mayor and Council of the Town of Marana join all Marana residents to recognize and express our appreciationto Con oressman Jim Kolbe ' . .... for his nearly 20 years of service to and unstinting support of our :-:':- ' community and his invaluable assistance in securing federal funding for :' ','- ..... the Twin Peak Corridor. . · Dated this 7th day of December, 2004 .... ~;'~-7'*.' ~r6flson Clerk DECEMBER 7, 2004 ITEM IX.B.1 TOWN COUNCIL MEETING TOWN OF MARANA INFORMATION MEETING DATE: December 7, 2004 AGENDA ITEM: IX. B. 2 TO: FROM: SUBJECT: MAYOR AND COUNCIL Michael A. Reuwsaat, Town Manager Proposal to widen Cortaro Road under the existing Cortaro Road Underpass at 1-10. DISCUSSION Town staff has been diligently working with local Arizona Department of Transportation (ADOT) staff to provide at a minimum one additional east bound lane on Cortaro Road under the existing Cortaro Road underpass at 1-10. Mr. Si Schorr, our area representative on the State Transportation Board, has also been instrumental in pursuing this issue on our behalf. Attached you will please find a copy of a letter I received November 30, 2004, from Dennis B. Alvarez, Tucson District Engineer, ADOT, requesting our financial participation for construction costs estimated at $750,000 to $1,000,000.00 to fund the addition of an eastbound lane under the existing Cortaro Road underpass at 1-10 subject to the project being feasible and incorporated into the existing underpass work as a change order. This lane capacity is much needed and as such, Town staff recommends that Council approve the funding for the additional lane capacity under the Cortaro Road underpass at I-10 and that staff pursue the funding necessary to finance these improvements. RECOMMENDATION Town staff recommends that Council approve the funding for the additional lane capacity under the Cortaro Road underpass at 1-10 and that staff also pursue any additional outside funding op- portunities. SUGGESTED MOTION I move that Town staff notify ADOT that the Town of Marana will commit to the estimated $750,000 to $1,000,000 in necessary funding for the additional lane capacity under the Cortaro Road underpass at I-10 and that staff also pursue any additional outside funding opportunities. {00000387.DOC/} Janet Napolitano Governor Victor M. Mendez Director Arizona Department of Transportation Interrnodal Transportation Division 206 South Seventeenth Avenue Phoenix, Arizona 85007-3213 November 29, 2004 Michael J. Ortega State Engineer Mr. Michael A Reuwsatt Town of Marana Town Manager 13251 North Lon Adams Road Marana, AZ 85653-9723 Re: Cortaro Road Interchange Dear Mr. Reulwsatt: I appreciate your prompt offer of assistance for considering a project to widen the existing Cortaro Road Underpass at 1-10. In my discussion with Jim DeGrood, I did offer the possibility of a change order to include this project. Our engineer has done some preliminary work to consider the feasibility of adding additional lanes between the columns and the abutment. The preliminary estimates are approximately $750,000 to $1,000,000 to perform this work. There are inadequate contingency funds available under the mainline widening project to fund a change order of this magnitude so we would be looking at the Town of Marana to fund it. We will be discussing this proposal with our roadway design section and the Federal Highway Administration to look for their support and approval before we proceed. If this proposal is feasible and can be incorporated into this project we will do the design work and provide all the construction administration. We are looking for your support in funding actual construction costs. We have a great opportunity to serve our customers by making modifications to our contract and perform this work if it is found to be feasible. We also have an excellent contractor on board that can easily perform this work and stay on schedule. I will remain in contact and keep you informed of progress related to this opportunity. If you have any questions or wish to discuss this in detail, please call me at 620-5412. Sincerely, Dennis B. Alvarez Tucson District Engineer Cc~ Si Schorr Victor Mendez Michael Ortega Doug Forstie Gary Hays, PAG Sally Stewart Laurel Parker 2001 Award Redp/ent TOWN COUNCIL MEETING TOWN OF MARANA ~' INFORMATION x'~_~ MEETING DATE: December 7, 2004 AGENDA ITEM: IX. B. 3 TO: FROM: SUBJECT MAYOR AND COUNCIL James R. DeGrood, P.E. Executive Asst. to Town Manager PUBLIC HEARING: Relating to Development Impact Fees for Townwide Parks and Northwest Marana Roadways DISCUSSION On September 30, 2004, the Town of Marana released an Impact Fee Report recommending the adoption a new impact fees for park development and for arterial and collector roadways in Northwest Marana. The fees recommended are $3,095 per dwelling unit (townwide) for new park development, and $6,315 per dwelling unit for roadway development in Northwest Marana. Copies of the Impact Fee Report have been available at Town Hall, and have been distributed to developers and builders working within the Town. Presentations on the new fee proposal were made at a developers' roundtable October 6th and at the Southern Arizona Home Builders Association (SAHBA) Technical Committee on October 19th. Comments have been received from four organizations, including a request from SAHBA for an extended review period due to the complexity of the impact fee report and the time constraints associated with the end of year and holiday season. A summary of the comments is attached. The comments received to date are focused in several broad areas and revolve principally on policy questions. They are on: 1. Level of Service. Are the levels of service appropriate for the community or are they overbuilding our parks and roads. 2. Methods of Crediting Improvements. There were questions raised about how credits for improvements being built will be granted and whether repayment to developers can be done rather than discounting impact fees in new neighborhoods where improvements are constructed. 3. Phasing In Fees to avoid Market Shock. Concern has been expressed that the Town will have fees so much higher than in nearby areas that the market will be slow to adjust to the imposition of these new fees, causing an economic threat to the builders currently in town, committed to projects. Of the concerns raised, the level of service questions and phasing of fees are clearly policy questions, and will require further dialogue with council. The level of service standards used in the impact fee report are consistent with direction given to staff in the past with regard to roadway capacity and acres of developed park per 1000 residents. The issue of credit methodology and policy will require additional work by staff. The credit policy must fairly treat future residents and there is concern that future residents of CFD's should not be overly taxed. Additionally, further policy development is necessary for any repayment of impact fees collected to developers to ensure all legal requirements are met. This public hearing is a requirement of the Impact Fee Statutes. No Action may be taken by Council at this meeting. The earliest that this impact fee could be considered is December 21, 2004. ATTACHMENTS November 16, 2004 Responses to Impact Fee Report and benefit area location map. RECOMMENDATION Staff believes additional work on the proposal is necessary and will continue to work with both the development and homebuilding communities to address concerns and questions raised in their review letters. Staff therefore recommends that no action be taken until after February 1, 2005. SUGGESTED MOTION N/A -2- Responses to Impact Fee Report November 16, 2004 Total responses: 4 Responses recommending/requesting reduction in fees: 1 Responses questioning fairness of fees: 3 Responses recommending/requesting phased ramp-up of fees for market impact: 2 Responses suggesting lowering of level of service standards: 2 Responses questioning clarification/modification of credit process: 4 Responses requesting time extension for hearing: 1 Responses recommending/requesting reduction in fees The suggestion that the fees for roads and parks be brought more in line with the impact fees charged by other communities in the region was made by one respondent. The rationale was that the new fee structure would adversely affect sales velocity in the Town, affecting the finances of the Town. Although not stated, private development investments made in projects could also be adversely impacted by a reduced sales velocity caused by increased fees. Although only one respondent explicitly requested a reduction in fees, it can reasonably expected / implied that all parties negatively effected by the imposition of new impact fees could make similar requests at public hearing. Responses questioning fairness of fees Three responses focused on the fairness of the fees being proposed, but for differing reasons. One respondent was concerned that the application of fees to areas covered by a Community Facilities District which had pre-authorized the issuance of future indebtedness amounted to "double dipping" for the needed improvements. Another respondent identified the construction sales tax as creating an inequity, particularly in the case of housing which was priced substantially above the median house price. Concern was also expressed by this respondent about the manner in which existing construction sales tax revenues have been expended, particularly with respect to capital maintenance. A respondent was also concerned with the roadway schedule and the benefit area. Specifically, the comment focused on the relative expenditure of funds on the east and west sides of I~ 10, and whether there was a disproportionate amount of funding required east of I-10. Responses recommending/requesting phased ramp-up of fees for market impact It was suggested that the new fees be implemented in a phased approach, over a period of time, to allow the marketplace to adjust to the new fee structure. Responses suggesting lowering of level of service standards The level of service standards (LOS) upon which the impact fees are based call for LOS "C" on roadways and 6 acres of park per 1000 population. Other communities in the area have used different service standards as the basis for their impact fees. The City of Tucson established LOS "E" as it's standard, while other communities have used LOS "D" for future roadway design. A respondent state that other communities use park standards of 3-4 acres per 1000 population, and private parks, school playgrounds and golf courses should be considered as satisfying the park requirement. Responses questioning clarification/modification of credit process All respondents had concerns about the credit process, ranging from how CFD's will be treated to whether developers could receive reimbursement for improvements from impact fees collected within their developments. A subset of these concerns related to what the town expected as minimum development criteria for new road and park infrastructure. Additional questions were raised about how existing development contributions, private amenities and zoning exactions factor into a project credit analysis. Request for delay of action until after the New Year The Southern Arizona Homebuilders Association has requested a 90 day period for further study so that further review after the year end and holiday season. Lower Santa Cruz River Levee Benefit Area South Transportation Benefit Area Harana Town Limits I ~ I 2 Miles Developers' Responses to Impact Fees Fee Reduction Concerns How did you calculate the impact and corresponding fee? (SAHBA) The fee for transportation was determined by: (1) Identifying needed roadway improvements in Northern Marana based upon traffic projections at Level Of Service "C "; (2) Determining the cost of the needed improvements; (3) Subtracting out the cost of Regional Improvements; (4) Dividing the cost of the remaining roads by the number of new Dwelling units expected in Northwest Marana; and (5) Subtracting the credit for Construction Sales Tax, yielding the impact fee amount, per new dwelling unit. The fee for parks was determined by: (1) Determining the cost to acquire and construct an acre of park; (2) Determining the proportionate cost of park development per Dwelling, based upon 6 acres of park for every 1000 new residents; and (3) Subtracting the cost of satisfying the existing park deficiency in Marana through bonding against sales taxes, yielding the impact fee amount, per new dwelling unit. Why aren't the fees more consistent with other municipalities in the region? (DV) Each municipality has used an approach to financing improvements based upon community preferences, level of service standards established by their elected officials and existing revenue streams. The small, fastest growing communities have the most reliance upon fees because state shared revenues are higher for older, less rapidly growing communities. State shared revenues are based upon the population at the most recent census. Marana is receiving state shared funding based upon the 2000 census population of 13,300 residents, although it provides services to a current population of over 24,000. This funding disparity requires small communities to be more aggressive in seeking impact fees and sales taxes to fund the needed improvements demanded by growth. Fairness of Fees Will these fees replace fees and "voluntary" exactions currently being charged to builders? (SAHBA, DV) Any existing "Voluntary" contributions for Roadways and Parks will be credited against impact fees for the same purpose. These contributions are established through Development Agreements, and most of these agreements acknowledge the possible adoption of future impact fees. Isn't this double dipping with programs like CFD and sales taxes? (SAHBA, Forest) Every effort must be made to ensure that double dipping does not occur. Sales taxes that fund local arterial and collector capacity rather than regional roads will be credited against impact fees funding similar improvements. A Construction Sales Tax credit is identified in the impact fee report. If CFD's fund qualifying improvements, the amount of funding the CFD provides will also be credited against the impact fee amount. Will this affect even smaller builders (under 40 acres)? (SAHBA) Yes, all new development will be subject to impact fees for parks, and all new projects within the Northwest Marana Transportation Benefit Area will be subject to the new fee for Northwest Marana roadways. Why put burden of new park standard on new development? (Cottonwood) The demand for new parks is attributable to new growth. Benefit Areas What are the impact/benefit areas? (Forest) The benefit area for parks is the entire corporate limits of the Town of Marana. The Northwest Marana Transportation Benefit Area is bounded on the east by the Central Arizona Project, the south and west by the Santa Cruz River and the north by the Pinal County Line. How can we insure that the fees correspond to the benefit areas re. North /South Marana? (DV, Forest) Each impact fee benefit area will have separate accounting and budgeting. Annually, the Town's budget will project revenues and expenditures in each benefit area. The Town welcomes the review of impact fee collections and expenditures and will be required to annually review and report on the impact fees, as proposed in the impact fee report. Why do we focus on connections to the macro - regional system rather than arterial roads if at build -out more traffic will be internal? (DV) The Town desires to have a balanced mix of industrial, commercial, educational and service uses in close proximity to appropriate housing. It is expected that this mix will develop over time, but that even with an ideal balance of land uses, the Town will continue to rely heavily upon it's connection to regional transportation facilities. Local, Regional and National trends suggest the public is increasing the amount of travel per person, and much of this travel is on regional facilities. Additionally, the growth of Marana will likely have periods of undersupply of employment and retail opportunities, and high quality access to the regional transportation system will be essential. Why isn't all of Sanders Road included in future improvement projections? (Forest) Sanders Road from Avra Valley Road to Sagebrush Road is included in the scope of improvement projects. Further refinement of the project scope may be warranted with the proposed Sanders Grove rezoning, should it be approved. Phased Implementation of Fees Can we consider a phasing -in of the fees? (DV) This is a policy decision which must be made by the Mayor and Council. Can we have more flexibility in park fees based on future identification of public need? (DV) The park fees, including assessments of needs, costs and facilities, will be reviewed annually. The Town welcomes the development community's participation in public park construction, and wishes to incorporate park facilities into the fabric of the developing residential communities. The maps which are incorporated into the impact fee report suggest locations and sizes for future parks; these locations and sizes are conceptual and do not reflect specific park proposals. Level of Service Standard Concerns Why LOS "C" for roadway standards? This isn't consistent with other municipalities in the region. (DV) The Marana Town Council has adopted LOS "C" as the community's level of service for roadways. By comparison, the City of Tucson has used LOS "E" as their service standard. LOS "E" is highly congested, with significant delay and may require waiting through multiple cycles at traffic signals. There is little public willingness to accept this low service standard, particularly in the evolving fringe of the community where little congestion has previously existed. Why LOS 6 acres /1,000people for parks when other communities use standard of 3- 4? (Cottonwood) The Town Council adopted the Parks, Recreation and Open Space Masterplan in 2000. This plan recommended park development at the rate of 6 acres per 1000 residents, which is in keeping with National Recreation and Parks Association (NRPA) standards. By comparison the City of Tucson has 2535 acres of parks, for a ratio of 5 acres per 1000 residents. Why aren't school playgrounds, pocket parks and golf courses figured into the standard? (DV, Cottonwood) Where schools have joint use (public) facilities with the Town, they are included in the standard. The Town favors this type of project, as it provides the most effective use of valuable recreation facilities. Golf courses provide recreational value, and communities where golf courses are an integral feature and golf membership is required, some credit may be merited. Pocket parks (private) do not ordinarily fill the recreational need for sports fields, aquatic centers, tennis courts, recreation centers etc. To the extent these facilities are provided in pocket parks, and meet the community's need, they may be eligible for credit. The Credit Process Can we make this more explicit? (DV, Forest, SAHBA) The determination of credits will be given more detail, particularly with respect to CFD's and Improvement Districts. Roadway projects will have minimum requirements for credit, and a method of determining partial credit will be detailed. The Town wishes to retain some flexibility in the credit program so that unique projects having public merit can receive appropriate credits. Are credits offered on private recreational facilities? (SAHBA) Ordinarily, private recreation facilities do not qualify for credit. If extensive facilities are proposed which will meet specific needs (e.g. neighborhood pool and recreation center large enough to support swim meets), the Town may consider the facility to be eligible for credit. What is the relationship between zoning exactions and roadway infrastructure requirements as relates to the credit process? (DV) When exactions identified in the zoning process address construction of arterial or collector road improvements other than temporary / safety improvements necessitated by the project, they will be creditable. How are CFDs handled? (DV) Further detail on the credit process for CFDs is necessary. Can we include a system of reimbursement as well as credit? (DV) This is being considered and will be addressed in the near future. Why isn't the construction sales tax credit higher? (Cottonwood) The Construction Sales Tax is used for many roadway purposes, including regional roadway development, interim capacity improvements, interim signal projects and major maintenance of roadways (having a life of more than 5 years), in addition to construction of local arterial and collector roads. To the extent this fund may be used for local arterial and collector roads, the impact fee is credited. The Town estimates the impact fee credit to be 20% of the construction sales tax collection. This will be reviewed annually, and adjusted as appropriate. Why isn't the construction sales tax credited automatically? (Cottonwood) The construction sales tax credit is already incorporated into the impact fee amount. For homes with sales prices substantially greater than the average price, there is the basis for a higher credit. The Town will consider preparing a standard form for requesting additional construction sales tax credit. Time Extension Is the Town willing to wait 90 days for further study of the issue? (SAHBA) The staff is recommending that no ordinance be adopted until after February 1, 2005. Other Fees will raise prices and slow demand (DV) It is acknowledged that this may influence demand for housing. Currently, the Town is issuing record numbers of building permits, in spite of housing price increases which have been much greater than fee increase proposed. Build -out estimates seem low and timeframe seems too short (DV) Build -out estimates are based upon the Northwest Marana Area Plan (NWMAP). The NWMAP is currently being reviewed and will be revised in the "core area" based upon the study findings. Further revisions to the plan will likely occur in areas west of Sanders Road which may also influence the build -out population. Build -out may take place over a greater period of time than projected, particularly if the build -out population is enriched. Why doesn't all of the construction sales tax go to CIP projects? (Cottonwood) The Town Council has committed the 75% of Construction Sales Tax to the Town's transportation fund. Prior to the increases of the Construction Sales Tax in 1998 and 2001, all of the Construction Sales Tax went to the General Fund. The Council reduced the General Fund contribution to I% in 1998, where it has since remained. To reduce this further would have a negative impact on the provision of necessary services, and is not recommended. TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: December 7, 2004 AGENDA ITEM: IX. B. 4 TO: FROM: SUBJECT: MAYOR AND COUNCIL Barbara Berlin, Planning Director Public Hearing: Ordinance No. 2004.23: Relating to Development; rezoning 107-acres of land from "A" to zone "R-6" on property located south of Barnett Road and east of Sanders Road, commonly known as Payson Farms DISCUSSION The Marana Planning Commission held a public hearing on this application at their regular meeting of September 15, 2004, and voted 4-0 (Vice-Chair Clanagan and Commissioner Hestwood were absent and Commissioner Post declared a conflict of interest) recommending approval to the Mayor and Council. Tri-Marana Development, represented by DLN Consulting, is seeking approval of a rezoning for a 107-acre site to develop a mixed density residential neighborhood with no more than 367 site- built homes (3.42 RAC). The subject site is located generally south of Barnett Road, east of Sanders Road in a portion of Section 28, Township 11 South, Range 11 East. The subject property was part of the Town's 1977 incorporation. GENERAL PLAN AND THE NORTHWEST MARANA AREA PLAN The Town of Marana General Plan, as ratified March 11, 2003, designates the subject property's future development land use as Medium Density Residential. This designation allows for single family detached residences at a density range of 3.1 - 8.0 dwelling units per acre. The designation is intended for land where an existing capacity of infrastructure is in place or where extension of infrastructure is systematic and consistent with the Growth Areas Plan. The Northwest Marana Area Plan designates the property as Residential/Commercial Village. The plan allows for 4 residences per acre and the rezoning proposes 3.42 residences per acre. The Area Plan requires a development monitoring program to be submitted with the preliminary plat or development plan. The Northwest Marana Area Plan Residential/Commercial Village concept incorporates goals, objectives, policies and standards to create a neighborhood identity that encourages flexibility in design all the while preserving the rural character. The project reflects the Village concept by incorporating a rural theme, recreational facilities, landscaping and design treatments and density transition throughout the subdivision. 120704 PCZ-04034 Payson Farms Rezoning.doc TRAFFIC CIRCULATION The main access to the site will be Clark Farms Boulevard, a collector roadway. Access to Clark Farms Boulevard will be made initially from Sanders Road until Tangerine Farms Loop Road is completed. Once Tangerine Farms Loop Road is completed Clark Farms Road will intersect it creating a secondary access point. Until that time a temporary secondary access point will be provided by way one of the following existing roads: Barnett Road, Sanders Road or Moore Road. As a recommended condition to this rezoning, the temporary access point must be in place by issuance of the twenty-fifth residential building permit (condition #3). INFRASTRUCTURE The project will be served by the Marana Water Department; the developer will be responsible for installing the project's water distribution system. Pima County Wastewater has no objections to this rezoning and a Sewer Service Agreement has been executed by Payson Farms. Tucson Electric Power, Qwest Communications, and Comcast Cable will all provide service to the project. PARKS~ RECREATION The applicant proposes approximately 23.25 acres of open space. The active open space will include numerous amenities such as an integrated system of trails, tot lots, play fields and picnic areas. The on~ite trails will connect to the Barnett Linear Park as well as providing connection points to Rancho Marana to the East and Moore Road to the South. The development proposes two neighborhood parks, with the construction of the first park required prior to the issuance of the 50th residential building permit, and the second park constructed prior to the issuance of the 300th residential building permit. In addition, per the Development Agreement, the developer shall contribute an in-lieu fee of $1,400.00 per residential unit for development of off-site an regional public park and/or trail system. Improvements to the Barnett Linear Park/Drainage Channel will serve the purpose of drainage while supporting recreation activities such as multi-use trails that in turn will provide linkage to other parks and trails in the area. SCHOOL DISTRICT The proposed number of residential units could generate as many as 170 new students for the Marana School District. Per the Development Agreement the developer has agreed to contribute a fee of $1,200.00 per residential unit to mitigate the effects of the proposed development on the Marana Unified School District. LOT DIMENSIONS AND NUMBER As shown on the Tentative Development Plan (Exhibit II.B) the project shall be limited to no more than 367 lots. Further, the range of lot sizes shall be as follows: -2- 12072004 PCZ-04034 Payson Farms Rezoning.doc · 6050 square foot minimum- 180 lots · 6900 square foot minimum - 102 lots · 7800 square foot minimum- 85 lots RECOMMENDATION: The Planning Commission and staff recommend approval of' Ordinance No. 2004.23 approving the Payson Farms rezoning, subject to the following conditions: RECOMMENDED CONDITIONS OF APPROVAL 1. Compliance with all provisions of the Town's codes and ordinances as current at the time of any subsequent development, including, but not limited to, requirements for public improvements. 2. This rezoning is valid for five years from the date of Town Council approval; if the developer fails to have a final subdivision plat recorded prior to the five years' the Town may initiate the necessary action to revert the property to the original zoning, upon action by the Town Council. 3. The applicant shall construct a temporary secondary access via Barnett Road or Sanders Road (pending completion of Tangerine Farms Loop Road construction) prior to the issuance of the twenty-fifth residential building permit 4. The property owner shall not cause any lot split of any kind without the written consent of the Town of Marana. 5. The applicant shall submit a TIA with the preliminary plat. 6. The Developer shall dedicate, or cause to have dedicated, an additional 190' feet of Right of Way along the Western portion of Sanders Road and 90'of new Right of Way from Sanders Road East to the connection point of Rancho Marana for the construction of Clark Farms Road. 7. A water service agreement and a master water plan must be submitted by the Developer and accepted by the Utilities Director prior to the approval of the first plat by the Town Council. 8. The Developer shall develop a reclaimed water irrigation system, dedicated to the Town, to distribute irrigation water to all properties and recreation areas within this development. 9. A sewer service agreement and master sewer plan must be submitted by the Developer and accepted by Pima County Wastewater Management and the Town Engineer prior to the approval of the first plat by the Town Council. 10. The applicant shall comply with all design standards and guidelines within the Northwest Marana Area Plan and Land Development Code with the first preliminary plat submittal. 11. The project shall comply with the construction design standards regarding noise level reduction as stated in an 8/30/04 letter from the Marana Regional Airport. 12. Special landscape and design treatments shall be provided at project entry ways, as well as perimeter walls, which create an individual identity for the project and consistency with the Northwest Marana Area Plan. 12072004 PCZ-04034 Payson Farms Rezoning.doc -3- 13. The site shall be surveyed for archaeological resources before any ground disturbing activities take place. 14. The property owner shall transfer with the final plat, by the appropriate Arizona Department of Water Resources form, those water rights being IGR Type I or Type II to the Town of Marana providing designation of assured water supply and water service to said property. If Type I or Type II is needed on said property, the Town and developer/landowner shall arrive at an agreeable solution to the use of those water rights appurtenant to said land. 15. Prior to the issuance of a building permit and pursuant to Marana Ordinance No. 99.02 the property owner(s) within the Lower Santa Cruz River Levee Benefit Area shall enter into a Development Agreement with the Town of Marana to reimburse the Town for this project's proportionate share for the cost of construction of the levee. 16. Potential buyers shall be notified that the property is located within the flight path of the Northwest Marana Regional Airport. 17. Potential buyers shall be notified that some or all of the property in this rezoning is subject to an annual tax and assessment by Cortaro Marana Irrigation District and Cortaro Water Users' Association. 18. As per the July 28, 2004 Site Analysis and Tentative Development Exhibit II.B the following range of lot sizes shall be provided on the plat: · 6,050 square foot minimum - maximum 49% of the total lots · 6,900 square foot minimum - maximum 28% of the total lots · 7,800 square foot minimum - minimum 23% of the total lots SUGGESTED MOTION I move to approve Ordinance No. 2004.23 with the recommended conditions. 12072004 PCZ-04034 Payson Farms Rezoning.doc -4- MARANA ORDINANCE NO. 2004.23 RELATING TO DEVELOPMENT; REZONING 107-ACRES OF LAND FROM "A" TO ZONE "R-6" ON PROPERTY LOCATED SOUTH OF BARNETT ROAD AND EAST OF SANDERS ROAD, COMMONLY KNOWN AS PAYSON FARMS WHEREAS, Tri-Marana Development is the owner of approximately 107 acres of land generally located at the southeast comer of Barnett Road and Sanders Road, within Section 28, Township 11 South, Range 11 East, as depicted on Exhibit "A", attached hereto and incorporated herein by this reference; and WHEREAS, the Marana Planning Commission held a public hearing September 15, 2004 and voted 4-0 to recommend that the Town Council approve said rezoning, adopting the recommended staff conditions; and WHEREAS, the Marana Town Council heard from representatives of the owner, staff and members of the public at the regular Town Council meeting held December 7, 2004 and has determined that the rezoning is in conformity with the General Plan and should be approved, subject to conditions. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1. The zoning of approximately 107 acres generally located at the southeast comer of Barnett Road and Sanders Road, within Section 28, Township 11 South, Range 11 East is hereby changed from "A" (Small Lot Zone) to "R-6" (Single Family Residential/6000 sq. ft. minimum lot size). Section 2. The purpose of this rezoning is to allow the creation of a residential neighborhood subject to the following conditions: 1. Compliance with all provisions of the Town's codes and ordinances as current at the time of any subsequent development, including, but not limited to, requirements for public improvements. 2. This rezoning is valid for five years from the date of Town Council approval; if the developer fails to have a final subdivision plat recorded prior to the five years' the Town may initiate the necessary action to revert the property to the original zoning, upon action by the Town Council. 3. The applicant shall construct a temporary secondary access via Barnett Road or Sanders Road (pending completion of Tangerine Farms Loop Road construction) prior to the issuance of the twenty-fifth residential building permit Marana Ordinance No. 2004.23 Page 1 4. The property owner shall not cause any lot split of any kind without the written consent of the Town of Marana. 5. The applicant shall submit a TIA with the preliminary plat. 6. The Developer shall dedicate, or cause to have dedicated, an additional 190' feet of Right of Way along the Western portion of Sanders Road and 90'of new Right of Way from Sanders Road East to the connection point of Rancho Marana for the construction of Clark Farms Road. 7. A water service agreement and a master water plan must be submitted by the Developer and accepted by the Utilities Director prior to the approval of the first plat by the Town Council. 8. The Developer shall develop a reclaimed water irrigation system, dedicated to the Town, to distribute irrigation water to all properties and recreation areas within this development. 9. A sewer service agreement and master sewer plan must be submitted by the Developer and accepted by Pima County Wastewater Management and the Town Engineer prior to the approval of the first plat by the Town Council. 10. The applicant shall comply with all design standards and guidelines within the Northwest Marana Area Plan and Land Development Code with the first preliminary plat submittal. 11. The project shall comply with the construction design standards regarding noise level reduction as stated in an 8/30/04 letter from the Marana Regional Airport. 12. Special landscape and design treatments shall be provided at project entry ways, as well as perimeter walls, which create an individual identity for the project and consistency with the Northwest Marana Area Plan. 13. The site shall be surveyed for archaeological resources before any ground disturbing activities take place. 14. The property owner shall transfer with the final plat, by the appropriate Arizona Department of Water Resources form, those water rights being IGR Type I or Type II to the Town of Marana providing designation of assured water supply and water service to said property. If Type I or Type II is needed on said property, the Town and developer/landowner shall arrive at an agreeable solution to the use of those water rights appurtenant to said land. 15. Prior to the issuance of a building permit and pursuant to Marana Ordinance No. 99.02 the property owner(s) within the Lower Santa Cruz River Levee Benefit Area shall enter into a Development Agreement with the Town of Marana to reimburse the Town for this project's proportionate share for the cost of construction of the levee. 16. Potential buyers shall be notified that the property is located within the flight path of the Northwest Marana Regional Airport. 17. Potential buyers shall be notified that some or all of the property in this rezoning is subject to an annual tax and assessment by Cortaro Marana Irrigation District and Cortaro Water Users' Association. Marana Ordinance No. 2004.23 Page 2 18. As per the July 28, 2004 Site Analysis and Tentative Development Exhibit II.B the following range of lot sizes shall be provided on the plat: · 6,050 square foot minimum - maximum 49% of the total lots · 6,900 square foot minimum - maximum 28% of the total lots · 7,800 square foot minimum - minimum 23% of the total lots Section 3. All Ordinances, Resolutions and Motions and parts of Ordinances, Resolutions, and Motions of the Marana Town Council in conflict with the provisions of this Ordinance are hereby repealed, effective as of the effective date of Ordinance No. 2004.23. Section 4: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 7th day of December, 2004. ATTEST: Mayor BOBBY SUTTON, JR. Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: Frank Cassidy As Town Attorney and not personally Marana Ordinance No. 2004.23 Page 3 TOWN OF MARANA Rezone CASE NO. PC~84834 REQUEST A request by Lodestar Engineering to rezone approximately 107 acres from 'i~" (Small Lot Zone) to "R-6" (Single Family Residential/6,000 Sq. Ft. ¢ '"nimum tot size). The property is generally located at the southeast corner of Barnett Rd. and Sanders Rd. within Section 28, Township 11S, Range 11E TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: December 7, 2004 AGENDA ITEM: IX. B. 5 TO: FROM: SUBJECT: MAYOR AND COUNCIL Frank Cassidy, Town Attorney Resolution No. 2004-168: Relating to Development; approving and authorizing the execution of a development agreement with Tri Marana Development Management and Consulting LLC, re- garding the Payson Farms development project. DISCUSSION This is a companion action to tonight's consideration of the Payson Farms rezoning. This pro- posed development agreement will carry out some of the terms of the rezoning and will establish the various payment terms for park and school facility in-lieu payments. Among other things, if this development agreement is approved, it will impose the following requirements: · Payment of $1,200 per residential unit as a school fee in-lieu of dedicating property for school facilities. · A $1,000 per residential unit regional park/trail system payment, in addition to the &vel- oper's obligation to construct that portion of the Barnett Linear Park located adjacent to the Payson Farms property (together, these financial obligations are calculated to be the same as the Town's currently proposed regional park development impact fee). · Construction of the full three-lane cross-section with multi-use lanes of Clark Farms Road through the Payson Farms property and local or safety improvements to Sanders Road and Moore Road (which together calculate out at the approximate amount per resi- dential unit of the Town's currently proposed transportation development impact fee). · Payment of $500 per residential unit for the bank protection obligation imposed by Ma- rana Ordinance No. 99.02. · Vesting of the developer's zoning entitlements for a period of seven years, except that Payson Farms will be required to comply with any newly-adopted residential design guidelines. This proposed development agreement is consistent with the Town's standard development agreement boilerplate as it has evolved over the years. RECOMMENDATION Staff recommends adoption of Resolution No. 2004-168, approving and authorizing the execu- tion of the Payson Farms development agreement. SUGGESTED MOTION I move to adopt Resolution No. 2004-168. {00000384.DOC/} F. fC/cds 12/1/04 MARANA RESOLUTION NO. 2004-168 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING THE EXECUTION OF A DEVELOPMENT AGREEMENT WITH TRI MARANA DEVELOPMENT MANAGEMENT AND CONSULTING LLC, REGARDING THE PAYSON FARMS DEVELOPMENT PROJECT. WHEREAS, the Town of Marana and the developer of the Payson Farms development project have negotiated a development agreement to facilitate the development of the Payson Farms project; and WHEREAS, this development agreement will carry out some of the terms of the rezoning and will establish the various payment terms for park and school facility in-lieu payments; and WHEREAS, the Mayor and Council find that the terms and conditions of the Payson Farms Development Agreement are in the best interest of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Mayor and Council of the Town of Marana hereby approve and authorize the execution of the Payson Farms Development Agreement with Tri Marana Development Management And Consulting LLC, relating to the Payson Farms development project. SECTION 2. The Mayor is hereby authorized and directed to execute, and the Town Clerk is hereby authorized and directed to attest to, the Payson Farms Development Agreement attached hereto as Exhibit A and incorporated herein by this reference, 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. [00000386.DOC/] FdC/cds 12/1/04 PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 7th day of December, 2004. Mayor Bobby Sutton, Jr. ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney [00000386. DOC/] 2 FJC/cds 12/1/04 PAYSON FARMS DEVELOPMENT AGREEMENT TOWN OF MARANA~ ARIZONA THIS DEVELOPMENT AGREEMENT ("this Agreement") is made by and between the TOWN OF MARANA, an Arizona municipal corporation (the "Town"), MARANA DEVELOPMENT CORPORATION, an Arizona corporation formerly called PAYSON FARMS, INC. (the "Owner") and Tpd MARANA DEVELOPMENT MANAGEMENT AND CONSULTING LLC, an Arizona limited liability company ("Tri Marana"). The Owner and Tri Marana are collectively referred to as the "Developer". The Town, the Owner and Tri Marana are sometimes collectively re£erred to in this Agreement as the "Parties," and are sometimes individually referred to as the "Party." RECITALS A. The Owner owns approximately 107 acres land located in the Town limits, as depicted on the map attached as Exhibit "A" and legally described on Exhibit "B" (the "Property"). B. The following are among the development regulations that now apply to the Property: i) The Northwest Marana Area Plan ("NMAP") ii) The conditions of Town rezoning case number PCZ-04-034 (the "Rezoning"), approved concurrently with the December 7, 2004 approval of this Agreement. iii) The Marana Development Code (including the written rules, regulations, procedures, and other policies relating to development of land, whether adopted by the Mayor and Council or by Town Staff) (collectively the "Marana Development Code"), establishing, among other things, the type of land uses, location, density and intensity of such land uses, and community character of the Property, and providing for, among other things, the development of' a variety of housing, commercial and recreation/open space opportunities. C. The Owner and Tri Marana are proposing to develop the Property, and for that purpose have presented the Rezoning and this Agreement to the Town for its consideration. D. The Developer and the Town desire that the Property be developed in a manner consistent with the development regulations that now apply to the Property, as amplified and supplemented by this Agreement. E. The Town and the Developer acknowledge that the development of the Property pursuant to this Agreement will result in planning and economic benefits to the Town and its residents. F. The Developer has made and by this Agreement will continue to make a substantial commitment of resources for public and private improvements on the Property. G. The Parties understand and acknowledge that this Agreement is a "Development Agreement" within the meaning of, and entered into pursuant to the terms of, A.R.S. § 9-500.05. H. This Agreement is consistent with the portions of the Town's General Plan applicable to the Property. {00000203.DOC / 5 } PAYSON FARMS DEVELOPMENT AGREEMENT -1- 12/01/2004 10:07 AM AGREEMENT Now, THEREFORE, in consideration of the foregoing premises and the mutual promises and agreements set forth in this Agreement, the Parties hereby agree as follows: Article 1. Development Plans. 1.1. Development Review. The Property shall be developed in a manner consistent with the development regulations that now apply to the Property and this Agreement, which together establish the basic land uses, and the densities, intensities and development regulations that apply to the land uses authorized for the Property. Upon the Developer's compliance with the applicable development review and approval procedures and substantive requirements of the development regulations that now apply to the Property, the Town agrees to issue such permits or approvals for the Property as may be requested by the Developer. 1.2. Zoning and Plat Conditions. The Developer agrees to fulfill all conditions outlined in the development regulations that now apply to the Property. 1.3. Avigation Easement and Noise Attenuation. Developer shall record an avigation easement and shall provide noise attenuation sufficient to reduce the sound of overhead aircraft to not more than a noise level reduction to be incorporated in the design and construction in order to achieve a maximum interior noise level of forty-five decibels. 1.4. Determination of No Hazard to Air Navigation. All of the Property is located within 20,000 feet (3.8 miles) of Marana Northwest Regional Airport. Before any construction or alteration of greater height on the Property than an imaginary surface extending outward and upward at a 100 to 1 slope for a horizontal distance of 20,000 feet from the nearest point of the nearest runway of the Airport, an FAA-7460 form shall be submitted to the Federal Aviation Administration and the construction or alteration shall receive a "Determination of No Hazard to Air Navigation" from the Federal Aviation Administration. 1.5. Archaeological/Historic Resources. Development of the Property shall meet all Town requirements set forth in Title 2 and Title 20 of the Marana Development Code related to Archeological and Historic Resources. 1.6. Site Built Construction and Building Permits. All construction on any portion of the Property, whether sold in bulk or individually, whether subdivided or not, shall be site built and shall require building permits. 1.7. Compliance with Residential Design Guidelines. All residential construction on any portion of the Property shall be constructed in accordance with the then current residential design guidelines as adopted by the Town of Marana, and any construction for which building permits have not yet been applied for as of the effective date of the residential design guidelines shall comply with those residential design guidelines. Article 2. On-Site Infrastructure. 2.1. Roadway Improvements: Developer shall construct in accordance with plans approved by the Town and shall dedicate to the Town: 2.1.1. The full three-lane cross-section (with multi-use lanes) of Clark Farms Road through the Property; and 2.1.2. Local or safety improvements to Sanders Road and Moore Road that the Town reasonably determines are necessary to serve the Property. {00000203.DOC / 5 } PAYSON FARMS DEVELOPMENT AGREEMENT -2- 12/01/2004 10:07 AM 2.2. Water Utilities. Prior to the approval of the Final Plat for the Property, the Developer shall enter into a Water Service Agreement with the Town of Marana Water Utility for potable and non-potable systems which sets forth the various agreements of the Parties relating to, among other things, the interconnection and main extension from the existing water system, and the development, construction, dedication, ownership, and design of the water system, including necessary storage and well(s) necessary to serve the Property. The Town will act on the Water Service Agreement within a reasonable time. 2.2.1. Transfer of Grandfathered Water Rights. The Developer shall transfer to the Town, as prescribed by the Arizona Department of Water Resources, the Irrigation Grandfathered Rights (IGR) water rights on lands deeded to the Town pursuant to the Certificate of Grandfathered Water Rights. On lands not deeded to the Town, extinguishment credits will be transferred to the Town on appropriate Department of Water Resource form. In exchange, the Town shall provide designation of assured water supply and water service to the Property. 2.3. Wastewater. The Developer shall construct the necessary sewer system to serve the Property. The sewer system shall be in conformance with, and subject to, the requirements of Pima County Wastewater Management and the Town, and shall be designed and constructed at sole cost of the Developer. 2.4. Onsite Private Recreational Facilities. Within each platted block or parcel, private recreational facilities shall be constructed on a site of not less than 185 square feet per residential unit. Site and facility design shall be approved by the Town Parks & Recreation Director and Development Services Director. 2.5. Fire Protection. Before a certificate of occupancy is issued for any dwelling unit on the Property, the Developer shall have completed or shall provide evidence to the Town's satisfaction that Developer has made a diligent effort to complete the process of having the Property annexed into a fire district. 2.6. School Facility Contribution. The Owner or its assignee shall contribute $1,200 per residential unit ("School Fee") due and payable to the Marana Unified School District upon the issuance of the residential building permit. In the event that the Town or the Marana Unified School District adopts an impact fee for schools in the future, the School Fee shall be credited to such future fees. 2.7. Regional Public Park/Trail System. The Developer shall construct in accordance with plans approved by the Town and shall dedicate to the Town that portion of Barnett Linear Park located on the Property as part of the Town's public park facilities and trail system. These Barnett Linear Park lands and improvements shall be deeded to the Town after construction and acceptance by the Marana Park and Recreation Director and Development Services Director. In addition, the Developer shall contribute $1,000.00 per residential unit to be used by the Town for regional park purposes. 2.8. Bank Protection. In compliance with the Rezoning and Town Ordinance No. 99.02, Developer shall pay $500.00 per acre of affected Property for bank protection. The total obligation of Developer for the project is $53,500.00 ($500 times 107 affected acres). Payment shall be made prior to the release of subdivision assurances for any portion of the Property. 2.9. Irrigation System. In compliance with the Northwest Marana Area Plan and the rules and bylaws governing the Cortaro-Marana Irrigation District (CMID) and the Cortaro Water {00000203.DOC / 5 } PA YSON FARMS DEVELOPMENT/IGREEMENT -3- 12/01/2004 10:07 AM Users' Association, the Developer shall construct and dedicate to the Town a secondary or non- potable irrigation system to distribute irrigation water to the high point of each quarter section of land and to each individual residential and commercial lot or parcel created on the Property. 2.10. Cortaro-Marana Irrigation District (CMID). The Developer shall use its best efforts to enter into a formal agreement with CMID concerning the construction and maintenance of necessary irrigation systems and well sites to perpetuate CMID's ability to serve irrigation water to CMID's users and to underground at the Developer's cost all CMID canals affected by the development of the Property. 2.11. Compliance with State and Federal Laws and Regulations. No approval, permit or authorization of the Town authorizes the Developer to violate any applicable federal or state laws or regulations, or relieves the Developer from the responsibility to ensure compliance with all applicable federal and state laws and regulations, including but not limited to the Endangered Species Act and Clean Water Act. Article 3. Infrastructure Financing 3.1. Responsibility for Financing Infrastructure Improvements. Upon request of the Developer, the Town staff shall process any request for a community facilities district ("CFD") pursuant to A.R.S. § 48-701 et seq. and the Town's guidelines for establishment of community facilities districts. Article 4. Cooperation and Alternative Dispute Resolution. 4.1. Appointment of Representatives. To further the commitment of the Parties to cooperate in the progress of the Development, the Town and the Developer each shall designate and appoint a representative to act as a liaison between the Town and its various departments and the Developer. The initial representative for the Town (the "Town Representative") shall be the Development Services Administrator, and the initial representative for the Developer shall be Jon Post or a replacement to be selected by the Developer. The representatives shall be available at all reasonable times to discuss and review the performance of the Parties to this Agreement and the development of the Property. 4.2. Timing. The Town acknowledges the necessity for prompt review by the Town of all plans and other materials (the "Submitted Materials") submitted by the Developer to the Town hereunder or pursuant to any zoning procedure, permit procedure, or other governmental procedure pertaining to the development of the Property and agrees to use its best efforts to accomplish such prompt review of the Submitted Materials whenever possible. 4.3. Default; Remedies. If either Party defaults (the "Defaulting Party") with respect to any of that Party's obligations under this Agreement, the other Party (the "Non-Defaulting Party") shall be entitled to give written notice in the manner prescribed in paragraph 7.1 to the Defaulting Party, which notice shall state the nature of the default claimed and make demand that such default be corrected. The Defaulting Party shall then have (i) twenty days from the date of the notice within which to correct the default if it can reasonably be corrected by the payment of money, or (ii) thirty days from the date of the notice to cure the default if action other than the payment of money is reasonably required, or if the non-monetary default cannot reasonably be cured within sixty days, then such longer period as may be reasonably required, provided and so long as the cure is promptly commenced within sixty days and thereafter diligently prosecuted to completion. If any default is not cured within the applicable time period set forth in this paragraph, then the Non-Defaulting Party shall be entitled to begin the mediation and arbitration {00000203.DOC / 5 } PA YSON FARMS DEVELOPMENT AGREEMENT -4- 12/01/2004 10:07 AM proceedings set forth in paragraphs 4.4 and 4.5 below. The Parties agree that due to the size, nature and scope of the Development, and due to the fact that it may not be practical or possible to restore the Property to its condition prior to Developer's development and improvement work, once implementation of this Agreement has begun, money damages and remedies at law will likely be inadequate and that specific performance will likely be appropriate for the enforcement of this Agreement. This paragraph shall not limit any other rights, remedies, or causes of action that either party may have at law or in equity. 4.4. Mediation. If there is a dispute under this Agreement which the Parties cannot resolve between themselves, the Parties agree that there shall be a forty-five day moratorium on arbitration during which time the Parties agree to attempt to settle the dispute by nonbinding mediation before commencement of arbitration. The mediation shall be held under the commercial mediation rules of the American Arbitration Association. The matter in dispute shall be submitted to a mediator mutually selected by Developer and the Town. If the Parties cannot agree upon the selection of a mediator within seven days, then within three days thereafter the Town and the Developer shall request the presiding judge of the Superior Court in and for the County of Pima, State of Arizona, to appoint an independent mediator. The mediator selected shall have at least five years' experience in mediating or arbitrating disputes relating to real estate development. The cost of any such mediation shall be divided equally between the Town and the Developer. The results of the mediation shall be nonbinding on the Parties, and any Party shall be free to initiate arbitration after the moratorium. 4.5. Arbitration. After mediation (paragraph 4.4) any dispute, controversy, claim or cause of action arising out of or relating to this Agreement shall be settled by submission of the matter by both Parties to binding arbitration in accordance with the rules of the American Arbitration Association and the Arizona Uniform Arbitration Act, A.R.S. § 12-501 et seq., and judgment upon the award rendered by the arbitrator(s) may be entered in a court having jurisdiction. Article 5. Protected Development Rights To establish legally protected rights for the development of the Property in a manner consistent with this Agreement and the development regulations that now apply to the Property and to ensure reasonable certainty, stability and fairness to the Developer and the Town over the term of this Agreement, the Developer and the Town agree that the development regulations that now apply to the Property, as amended by this Agreement, shall remain in effect and shall not be changed for a period of seven years after the execution of this Agreement without the agreement of the Developer. Article 6. Future Impact Fees If the Town adopts an impact fee for the same infrastructure for which Developer has contributed land or made improvements or paid a voluntary fee pursuant to this Agreement, Developer shall be entitled to a credit for such contributions as set forth in A.R.S. § 9-463.05. Article 7. Notices and Filings. 7.1. Manner of Serving. All notices, filings, consents, approvals and other communications provided for in or given in connection with this Agreement shall be validly given, filed, made, transmitted or served if in writing and delivered personally or sent by registered or certified United States mail, postage prepaid, if to (or to such other addresses as any Party may from time to time designate in writing and deliver in a like manner): {00000203.DOC / 5 } PAYSON FARMS DEVELOPMENT AGREEMENT -5- 12/01/2004 10:07 AM To the Town: Town of Marana Town Manager 13251 N. Lon Adams Road Marana, Arizona 85653 To the Developer: Thomas Hum, President MARANA DEVELOPMENT CORPORATION 6960 N. Chaparral Tucson, Arizona 85718 Article 8. General Terms and Conditions. 8.1. Term. This Agreement shall become effective upon its execution by all the Parties and the effective date of the resolution or action of the Town Council approving this Agreement (the "Effective Date"). The term of this Agreement shall begin on the Effective Date and, unless sooner terminated by the mutual consent of the Parties, shall automatically terminate and shall thereafter be void for all purposes on the twentieth anniversary of the Effective Date. If the Parties determine that a longer period is necessary for any reason, the term of this Agreement may be extended by written agreement of the Parties. The Developer shall be entitled to terminate this Agreement if the Town materially impairs the development entitlements on the Property granted by this Agreement. 8.2. Waiver. No delay in exercising any right or remedy shall constitute a waiver of that right or remedy, and no waiver by the Town or the Developer of the breach of any covenant of this Agreement shall be construed as a waiver of any preceding or succeeding breach of the same or any other covenant or condition of this Agreement. 8.3. Attorney's Fees. If any Party brings a lawsuit against any other Party to enforce any of the terms, covenants or conditions of this Agreement, or by reason of any breach or default of this Agreement, the prevailing Party shall be paid all reasonable costs and reasonable attorneys' fees by the other Party, in an amount determined by the court and not by the jury. 8.4. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The signature pages from one or more counterparts may be removed from such counterparts and such signature pages all attached to a single instrument so that the signatures of all Parties may be physically attached to a single document. 8.5. Headings and Recitals. The descriptive headings of this Agreement are inserted for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement. The Recitals set forth at the beginning of this Agreement are hereby acknowledged, confirmed to be accurate and incorporated here. 8.6. Exhibits. Any exhibit attached to this Agreement shall be deemed to have been incorporated in this Agreement by reference with the same force and effect as if fully set forth in the body of this Agreement. 8.7. Further Acts. Each of the Parties shall execute and deliver all documents and perform all acts as reasonably necessary, from time to time, to carry out the matter contemplated by this {00000203.DOC / 5 } PA YSON FARMS DEVELOPMENT /I GREEMENT -6- 12/01/2004 I O:07 AM Agreement. Without limiting the generality of the foregoing, the Town shall cooperate in good faith and process promptly any requests and applications for plat or permit approvals or revisions, and other necessary approvals relating to the development of the Property by the Developer and its successors. 8.8. Future Effect. 8.8.1. Time Essence and Successors. Time is of the essence of this Agreement. All of the provisions of this Agreement shall inure to the benefit of and be binding upon the successors, assigns and legal representative of the Parties, except as provided in paragraph 8.8.2 below. Notwithstanding the foregoing, to the extent permitted by law, the Developer's rights under this Agreement may only be assigned by a written instrument, agreed to by all of the Parties and recorded in the Official Records of Pima County, Arizona, expressly assigning such rights, and no obligation of the Developer under this Agreement shall be binding upon anyone owning any right, title or interest in the Property unless such obligation has been specifically assumed in writing or unless otherwise required by law. The Town understands that the Developer may create one or more entities or subsidiaries wholly owned or controlled by the Developer for purposes of carrying out the development of the Property as contemplated in this Agreement, and the Town's consent to the Developer's assignment of its rights under this Agreement to such entities or subsidiaries shall not be withheld. In the event of a complete assignment by Developer of all rights and obligations of Developer under this Agreement, Developer's liability under this Agreement shall terminate effective upon the assumption of those liabilities by Developer's assignee, provided that the Town has approved the assignment to such assignee, which approval shall not unreasonably be withheld. 8.8.2. Termination Upon Sale to End Purchaser or User. This Agreement shall terminate without the execution or recordation of any further document or instrument as to any lot which has been finally subdivided and individually (and not in "bulk") leased (for a period of longer than one year) or sold to the end purchaser or user and thereupon such lot shall be released from and no longer be subject to or burdened by the provisions of this Agreement. 8.9. No Partnership and Third Parties. It is not intended by this Agreement to, and nothing contained in this Agreement shall, create any partnership, joint venture or other arrangement between the Developer and the Town. No term or provision of this Agreement is intended to, or shall be for the benefit of any person, firm, organization or corporation not a party to this Agreement, and no such other person, firm, organization or corporation shall have any right or cause of action under this Agreement. 8.10. Other Instruments. Each Party shall, promptly upon the request of the other, have acknowledged and delivered to the other any and all further instruments and assurances reasonably request or appropriate to evidence or give effect to the provisions of this Agreement. 8.11. Imposition of Duty by Law. This Agreement does not relieve any Party of any obligation or responsibility imposed upon it by law. 8.12. Entire Agreement. This Agreement constitutes the entire agreement between the Parties pertaining to the subject matter of this Agreement. All prior and contemporaneous agreements, representation and understanding of the Parties, oral or written, are hereby superseded and merged in this Agreement. {00000203.DOC / 5} PAYSON FARMS DEVELOPMENT AGREEMENT - 7- 12/01/2004 10:07 AM 8.13. Amendments to Agreement. No change or addition shall be made to this Agreement except by a written amendment executed by the Parties. The Parties agree to cooperate and in good faith pursue any amendments to this Agreement that are reasonably necessary to accomplish the goals expressed in the Final Plat and Specific Plan as amended by this Agreement. Within ten days after any amendment to this Agreement, it shall be recorded in the office of the Pima County Recorder by and at the expense of the Party requesting the amendment. 8.14. Names and Plans. The Developer shall be the sole owner of all names, titles, plans, drawings, specifications, ideas, programs, ideas, designs, and work products of every nature at any time developed, formulated or prepared by or at the instance of the Developer in connection with the Property or any plans; provided, however, that in connection with any conveyance of portions of the infrastructure as provided in this Agreement such rights pertaining to the portions of the infrastructure so conveyed shall be assigned to the extent that such rights are assignable, to the appropriate governmental authority. 8.15. Good Standing; Authority. The Developer represents and warrants to the Town that it is duly formed and validly existing under the laws of Arizona and is authorized to do business in the state of Arizona. The Town represents and warrants to the Developer that it is an Arizona municipal corporation with authority to enter into this Agreement under applicable state laws. Each Party represents and warrants that the individual executing this Agreement on its behalf is authorized and empowered to bind the Party on whose behalf each such individual is signing. 8.16. Severability. If any provision of this Agreement is declared void or unenforceable, it shall be severed from the remainder of this Agreement, which shall otherwise remain in full force and effect. If a law or court order prohibits or excuses the Town from undertaking any contractual commitment to perform any act under this Agreement, this Agreement shall remain in full force and effect, but the provision requiring the act shall be deemed to permit the Town to act at its discretion, and if the Town fails to act, the Developer shall be entitled to terminate this Agreement. 8.17. Governing Law. This Agreement is entered into in Arizona and shall be construed and interpreted under the laws of Arizona, and the Parties agree that any litigation or arbitration shall take place in Pima County, Arizona. Nothing in the use of the word "litigation" in the preceding sentence shall constitute a waiver of paragraph 4.5, requiring disputes to be resolved by binding arbitration. 8.18. Interpretation. This Agreement has been negotiated by the Town and the Developer, and no party shall be deemed to have drafted this Agreement for purposes of construing any portion of this Agreement for or against any party. 8.19. Recordation. The Town shall record this Agreement in its entirety in the office of the Pima County Recorder no later than ten days after it has been executed by the Town and the Developer. 8.20. No Developer Representations. Except as specifically set forth in this Agreement, nothing contained in this Agreement shall be deemed to obligate the Town or the Developer to complete any part or all of the development of the Property. 8.21. Approval. If any Party is required pursuant to this Agreement to give its prior written approval, consent or permission, such approval, consent or permission shall not be unreasonably withheld or delayed. {00000203.DOC / 5} P/t YSON FARMS DEVELOPMENT A GREEMENT -8- 12/01/2004 10:07 AM 8.22. Force Majeure. If any Party shall be unable to observe or perform any covenant or condition of this Agreement by reason of "force majeure," then the failure to observe or perform such covenant or condition shall not constitute a default under this Agreement so long as such Party shall use its best effort to remedy with all reasonable dispatch the event or condition causing such inability and such event or condition can be cured within a reasonable amount of time. "Force majeure," as used in this paragraph, means any condition or event not reasonably within the control of such party, including without limitation, "acts of God," strikes, lock-outs, or other disturbances of employer/employee relations; acts of public enemies; orders or restraints of any kind of government of the United States or any state thereof or any of their departments, agencies, or officials, or of any civil or military authority; insurrection; civil disturbances; riots; epidemics; landslides; lightning; earthquakes; subsidence; fires; hurricanes; storms; droughts; floods; arrests, restraints of government and of people; explosions; and partial or entire failure of utilities. Failure to settle strikes, lock-outs and other disturbances of employer/employee relations or to settle legal or administrative proceedings by acceding to the demands of the opposing Party or Parties, in either case when such course is in the judgment of and unfavorable to a Party shall not constitute failure to use its best efforts to remedy such a condition. 8.23. Conflict of Interest. This Agreement is subject to A.R.S. § 38-511, which provides for cancellation of contracts in certain instances involving conflicts of interest. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last date set forth below their respective signatures. TOWN: DEVELOPER: THE TOWN OF MARANA, an Arizona municipal corporation MARANA DEVELOPMENT CORPORATION, an Arizona corporation (the "Owner") By: By: Bobby Sutton, Jr., Mayor Date: Date: ATTEST: Thomas Hum, President TRI MARANA DEVELOPMENT MANAGEMENT AND CONSULTING LLC, an Arizona limited liability company ("Tri Marana") Jocelyn C. Bronson, Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney By: Date: Thomas Hum, Jr., Member {00000203.DOC / 5} P,4 YSON FARMS DEVELOPMENT,4 GREEMENT -9- 12/01/2004 10:07 AM STATE OF ARIZONA ) SS County of Pima ) The foregoing instrument was acknowledged before me on ., 2004 by Thomas Hum, President of MARANA DEVELOPMENT CORPORATION, an Arizona corporation, on behalf of the corporation. My commission expires: Notary Public STATE OF ARIZONA ) ss County of Pima ) The foregoing instrument was acknowledged before me on ., 2004 by Thomas Hum, Jr., Member of TRI MARANA DEVELOPMENT MANAGEMENT AND CONSULTING LLC, an Arizona limited liability company, on behalf of the LLC. My commission expires: Notary Public {00000203.DOC / 5} PA YSON FARMS DEI/ELOPMENT A GREEMENT -1 O- 12/01/2004 10.'07 AM SITE ANALYSIS AND TENTATIVE DEVELOPMENT PLAN FOR PAYSON FARMS 107 ACRES LOCATED AT THE SOUTHEAST CORNER OF BARNETT ROAD AND SANDERS ROAD. SECTION 28 TOWNSHIP 1 lS RANGE 11E. Prepared For: Tri Marana Development 13300 Postvale Road Marana Arizona 85653 (520) 609-2228 Prepared By: Lodestar Engineering Company, LLC 1010 Finance Center Drive Tucson Arizona 85747 (520) 546-6517 DLN Consulting, LLC 1660 E Crimson Canyon Place Oro Valley, Arizona 85737 (520) 247-6439 July 28, 2004 Zoning Case PCZ-04034 TABLE OF CONTENTS PART I - INVENTORY AND ANALYSIS I.A. EXISTING LAND USES Site Location Existing Land Uses Adjacent property Well Sites I.B. TOPOGRAPHY Topographic Characteristics Average Cross-Slope I.C. HYDROLOGY Offsite Hydrology Pro-Developed Onsite Hydrology Post Developed Onsite Hydrology I.D. VEGETATION LE. WILDLIFE Biological Evaluation Arizona Game & Fish Department Letter I.E. VlEWSHEDS Viewsheds Onto and Across the Site Areas of High Visibility from Adjacent Off-Site Locations TRAFFIC Roadway Inventory Current Traffic Volumes Levels of Service Alternate Modes Roadway Improvements I.H. RECREATION CULTURAL/ARCHAEOLOGICAL/HISTORIC RESOURCES Page 1 1 1 1 2 2 2 7 7 7 7 8 11 11 13 14 14 14 24 25 26 27 27 28 29 31 i TABLE OF CONTENTS (cont.) PART II - LAND USE PROPOSAL Page II.A. PROJECT OVERVIEW 32 ll.B. TENTATIVE DEVELOPMENT PLAN 33 II.C. EXISTING LAND USES 34 ll.D. TOPOGRAPHY 34 Topographic Characteristics 34 15% Slope Encroachment 34 New Cross Slopes 34 II.E. HYDROLOGY 41 Hydrologic Characteristics 41 Encroachment/modifications of Drainage Patterns 41 Drainage Impacts to Upstream and Downstream Properties 41 TDP Conformance to Area Plans, Basin Management Plans 41 and Town Policies II.F. VEGETATION 42 II.G. WILDLIFE 4:2 II.H. VlEWSHEDS 42 Visual Impact 42 High Visibility 42 I1.1. FUTURE CONDITIONS TRAFFIC STUDY 43 Access 43 Trip Generation 43 Future Traffic Volumes and Distribution 43 Intersection Volumes 44 II.J. PUBLIC UTILITIES 45 I1.1. PUBLIC SERVICES 45 II.L, RECREATION AND TRAILS 47 ll.M. CULTURAL/ARCHAEOLOGICAL/HISTORIC RESOURCES 49 BIBLIOGRAPHY 50 _ ii TABLE OF CONTENTS (cont.) LIST OF EXHIBITS I.A.1 I.A.2 I.A.314 I.B.1 I.C.4 I.F.la vl-V16 I.H.1 ll.B.1 II.C.1 II.C.2 ll.D.1 II.D.la II.D.lb REGIONAL MAP Existing Land Uses On-Site Existing Land Uses and Zoning Within % Mile Topography FEMA FIRM Panel Pre-Developed On-Site Hydrology Viewsheds Site Photos Existing Recreation Tentative Development Plan Zoning Boundaries Marana Zoning Map Preliminary Grading and Drainage Plan Grading Cross Sections Grading Plan Section Key Conceptual Landscape Plan Appendix: Northwest Marana Monitoring Plan Tentative Development Plan Acetate Page 3 4 5 6 9 10 15 16-23 3O 35 36 37 38 39 40 48 51 52 Part I - Inventory and Analysis LA. EXISTING LAND USES Site Location This site is located on the southeast corner of Barnett and Sanders Roads. Further, the property is bounded to the north by Barnett Road (future linear park/drainage channel), on the east by the proposed Rancho Marana project, on the south by a proposed residential/commercial development, and on the west by Sanders Road. Exhibit I.A.1. maps this site in a regional context. Existing Land Uses The parcel is currently being utilized for agricultural farming by Post Farms. Adjacent Property Zoning: North - Zone A (Small Lot Zone), West-Zone A (Small Lot Zone), East-Rancho Marana Specific Plan (Medium Density Residential), South- R6 (Single Family Residential) and NC (Neighborhood Commercial. Please refer to Exhibit I.A.3/4. Existing Land Use: This property is bordered on the north by Barnett Road. North of Barnett Road is land currently being utilized for agriculture. The West is bordered by Sanders Road and existing agricultural land. The East is bordered by land being utilized for agriculture. The South is bordered by undeveloped property as well as several single family residences located to the south of the project. See Exhibit I.A.3/4. c. Number of Stories: Mix of I & 2 story residences in conformance with the Town's requirements. d. Pending Rezonings: None e. Conditional Rezoning: Sanders Rd and Moore Rd (PCZ-02065) Subdivision/Development Plans approved or Pending: · Rancho Marana 154 Subdivision Plat · Vanderbilt Farms Block Plat · Gladden Farms Block Plat -- 1 LB. g. Architectural Styles: A mix of both tract and semi-custom single family residential homes. Well Sites There are currently no existing municipal well sites within 100 feet of the site. However, there exists a Cortaro Marana Irrigation District well approximately 200 feet from the northeast corner of the project. TOPOGRAPHY Topographic Characteristics Exhibit I.B. 1 maps the topographic characteristics of the site. The site is currently being utilized for agricultural use and slopes gently to the northwest at approximately 1%. a. There are no restricted peaks and ridges associated with this project. b. There are no Hillside Conservation Areas associated with this project. c. No rock outcrops exist on the site. d. There are no slopes exceeding 15% associated with this project. e. There are no other significant topographic features such as ridges or peaks associated with this site. Average Cross Slope The average cross slope is 0.85% calculated as follows: ACS = I x L x 0.0023 A where I is contour interval, L is length of contours, A is area of site, & 0.0023 is conversion factor from sq. ft. to acres. ACS = 1' x 40,077 x 0.0023 107 acres ACS = 0.85% - 2 Exh)b)t I,A. 1: Regiona Payson Farms Legen~ Northwest Catalina Foothills TuCSO. Mountains/ Avra Valley Tohono O'odham Nation City of Tucson Southwest Rincon Southeast/ Santa Rita M unicipa, Boundaries N 0 ~[ml 2ml q~ml EN(~t~N ~F~R~N(~ CO ~V~ PANY, LLC Exhibit: Project: Tl1~ Rl18 Section 28 107,6:~ acres 0 250~ 5OD~ lO00~ ENG)NEERiNG COMPANY. LLC Project Boundary Small Lot Zone Medium Lot Zone Designated FJoodpla~n Zone Specific P~an Single Family Residentia~ Ne~ghborh~d Comme~a~ T11$ RllE Section 28 107.62 acres O 1500' 3000' L@O $TA COMPANY, LLC Exhibit I.B.I: Topography Project Boundary 2' Contour lntervaJ Average Cross S~ope = 0,85% 0 250' 500' COMPANY, LLC LC,. HYDROLOGY Offsite Hydrology Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map panel 04019C0980K, with an effective date of February, 1999 indicates this project is located within Zone AE where base flood elevations have been established. The Santa Cruz River was the source of flooding within this area, however, Pima County has constructed a levee (Santa Cruz River Bank Protection Project) along the river and has submitted a Letter of Map Revision (LOMR) to the FEMA. Once the levee is constructed and the LOMR approved by FEMA, it will effectively remove this project site from it's current 100-year floodplain designation. To date, FEMA has determined that the levee as currently constructed is insufficient and the LOMR has not been approved. FEMA has requested that Pima County raise the height of the levee by an additional 6 inches. Pima County processed and recently received approval from FEMA and a new Flood Insurance Rate Map revising the flood conditions of this site to a shaded Zone X will become effective September 16, 2004. See exhibit 1.C.for current FEMA Panel. Pre-Developed Onsite Hydrology Thisl07-acre project consists of undeveloped land currently being utilized for agriculture. The hydrologic onsite soil type is Grabe-Gila-Pima association, which is deep soils of the floodplains and typically classified as 100% B. The hydrologic cover density is poor to good, increasing as crops mature. This site is limited to one onsite watersheds which slopes to the northwest at a gentle slope of approximately 1%. Stormwater generated on this site is generally naturally retained onsite by virtue of the farming activity, however, during large stormwater events, onsite generated stormwater will discharge into the Barnett Road right-of-way flowing west and ultimately discharging into the Santa Cruz River. See exhibit 1.C.4. Post Developed Onsite Hydrology Per agreement with the town of Marana, this project will construct the portion of the Barnett Linear Park/Drainage Channel that fronts the projects north boundary. Channel construction will be limited to excavation and rough grading of this portion of the channel. The channel will then be dedicated to the Town of Marana and will be utilized as a temporary retention basin for the onsite stormwater generated by this site. By construCting and utilizing the Barnett channel for onsite stormwater - 7 LD. retention, the Town's current requirement for 100 percent onsite stormwater retention will be waived for this project. However, this project will propose onsite water harvesting/retention in several areas Post developed onsite generated stormwater will be collected within several depressed common areas on site and directed north through a series of drainage swales, pipes and other structures as necessary to discharge points at the Barnett Channel. See exhibit 1.C.3 VEGETATION This project site consists of no natural vegetative communities due to years of agricultural use. Onsite vegetation consists of that associated with the various crops planted and harvested onsite. 8 Exhibit 1.C.1 FEMA FIRM Panel -- 9 Bame[t / Exhibit I.C,4: Pre-Developed Hydrology Payson Farms (~) Concentration Point No. with 321 CFS lO0-Year Peak Discharge Project Boundary Contour Interval 0 250' SOO' 1000' ENGINEERING COMPANY, LLC LE, WILDLIFE Biological Evaluation A Biological Evaluation of this site was conducted by Westland Resources on April 29, 2004 for the occurrence of 31 species. This analysis indicates that the subject property has potential to support one of the species which is the western burrowing owl. After conducting a site survey, no evidence of the burrowing owl and no potential burrows were identified within the subject property. Table I.E.1 provides a list of wildlife species observed during field surveys of the subject property: TABLE I.E.1 WILDLIFE OBSERVED ON THE SUBJECT PROPERTY Common Name Roadrunner White-Winged Dove Brown-Headed Cowbird Molothrus atter Sparrow Fence Lizard Whiptail Lizard Tarantula Hawk Wask Species Geococcyx californiarnus Zenaida asiatica Amphispizaq sp. Sceloporus sp. Cnemidophorus Hemipe@sis sp. An initial screening analysis was completed to determine which federal and Town of Marana special-interest species have potential to occur on the subject property.based on the presence of potentially suitable habitat. This initial screening analysis was accomplished through review of habitat descriptions and geographic ranges of species on the Pima County list of federal special-interest species, obtained from the U.S. Fish and Wildlife (USFWS) Internet Web Site and the Town of Marana's list of sensitive species, and site visits to evaluate potential of the property to support any of these listed species. Results of the screening analysis are provided in Table I.E.1. Cactus Ferruginous Pygmy-owl (CFPO) This project is outside of known CFPO habitat and WestLand Resources is unaware of any records of CFPO on the subject property. Western Burrowing Owl (WBO) WestLand Resources conducted a survey of areas on the subject property likely to support WBO. These areas included the natural and manmade drainage features and areas likely to be utilized by WBO as nesting sites. No evidence of WBO presence on the subject property was observed. In -- 11 addition, recent surveys on the subject property conducted by AGFD were negative for the presence of WBO. Tucson Shovel-nose Snake The Tucson shovel-nosed snake occurs on valley floors below 2,200 feet in areas with sandy substrate. Much of its preferred habitat has been converted to agricultural use resulting in fragmentation into smaller patches. A habitat model developed by Pima County rates the subject property as having a Iow potential to support the Tucson shovel-nosed snake and fieldwork conducted by VVestLand confirms this assessment. Species-specific survey has not been conducted, but considering Pima County habitat ranking its occurrence is not expected. Ground Snake (Valley Form) It is highly unlikely that this species occurs on the subject property. This conclusion is supported by the fact that the property has well drained soils and is not located on higher slopes near mountains. In addition, the ground snake habitat model developed by the Pima County rates the subject property as having no potential to support this species. Therefore, the imposition of regulatory constraints due to this species is not anticipated. THE STATE OF ARIZONA AND FISH DEPARTMENT 2221 WEST GREENWAY ROAD, PHOENIX, AZ 85023'4399 (602) 942-3000 · Azcm.co~ GOVERNOR JARET NAPOLITANO ' COMMI'C:$1OHERS CHAIRMAN, SUSAN E. CHILTON, ARIVACA W. HAYS GILSTRAP. PHOENIX JOE MELTON, YUMA. MICHAEL M. GOUGHTLY, FLAGSTAFF JOE CART[R, SAFFORD DIRECTOR DUANE L SHROUFE DEPI.rrY DIRECTOR STEVE K. FERRELL APR ? April 2, 2004 Ms. Amanda Best WestLand Resources, Inc. 2343 E. Broadway Blvd. Suite 202 Tucson, AZ 85719 R.e; Special Status Species Information for Township 11 South, Range 11 East, Section 28 SW4; Proposed Residential Development. Dear Ms. Best: The Arizona Game and Fish Department (Department) has reviewed your request, dated April 1, 2004, regarding special status species .information associated with the above-referenced project area. The Department's Heritage Data Management System (Itl)MS) has been accessed and current records show that the special status species listed on the attachment have been documented as occurring in the project vicinity (3-mile buffer). In addition this project does not . occur in the vicinity of any Proposed or Designated Critical Habitats. The Department's HDMS data are not intended to include potential distribution of special status species. Arizona is large and diverse with plants, animals, and environmental conditions that are ever changing. Consequently, many areas may contain species that biologists do not know about or species previously noted in a particular area may no longer occur there. Not all of Arizona has been surveyed for special status species, and surveys that have been' conducted have varied greatly in scope and intensity. Making available this information does not substitute for the Department's review of project proposals, and should not decrease our opportunities to "review and evaluate new project proposals and sites..The Department is'also concerned about other resource values, such as other wildlife, including game species, and wildlife-related recreation. The Department would appreciate the opportunity to provide an evaluation of impacts to wildlife or wildlife habitats associated with project activities occurring in the subject area, when specific details become available. 13 I.F. VIEWSHEDS Viewsheds Onto and Across the Site Views onto the site from adjacent areas are limited views of fiat agricultural fields which fluctuated during the year from unplanted to green fields depending upon the growing season. See Exhibit I.F.l.a Areas of High Visibility from Adjacent Off-site Locations Areas of high visibility will include bufferyards and homes located along the western edge of the project, which can be seen from Sanders Road. Other areas of high visibility may be from the future Barnett Linear Park/Drainage Channel and from the future Rancho Marana development as well as the future residential/commercial development to the south of this project Exhibit I.F, la: V~ewpo)nt (See Exh)bits for Vl=V16 photos and description) Contour ):nterval N 0 250' 500' 1000' E~NG~N1EER~NG COMPANY. LLC Vl - Sanders Road looking north from Southwest corner of project site V2 - View of project looking northeast from southwest corner of property V3 - View of project looking northeast from southwest corner of property V4 - View of western project boundary looking north from southwest corner of property 17 V5 - View of project boundary looking northeast from southwest corner of property V6 - View of project looking north from central southern point of property 18 V7 - View of project looking northwest from central southern point of property V8 - View of eastern project boundary looking north from southeast corner of property 19 V9 - View looking northwest from southeast corner of property Vl 0 - View looking west from south~st corner of property 2O Vl 1 - View of northern project boundary looking west from northeast corner of property V12 - View of looking southwest from northeast corner of property 21 VI 3 - View looking south from northeast corner of property V14 - View of Barnett Road looking west from northeast corner of property 22 VI 5 - View of Barnett Road ~oOking east fr°m northwest corner of property V16 - View looking southeast from northwest corner of property 23 I.G. TRAFFIC Sanders Road runs parallel to the western edge of the project site. Barnett road which currently traverses parallel to the no[them edge of the project will be abandoned and replaced with the construction of the Barnett Linear Park/Drainage Channel currently under design. Traffic currently utilizing Barnett Road is anticipated to shift south to Clark Farms Boulevard which bisects this project. This project will include the dedication of 90 feet of new right-of-way and the extension of Clark Farms Boulevard from Sanders Road. east to a connection point at Rancho Marana. It is anticipated that Sanders Road will require 250 feet of future right-of-way. A portion of this right-of-way along the western edge of this project will be dedicated along with this project. Interstate 10 currently may be accessed from this site via Moore Road or Sandario Road. It is expected that Moore Road will be widened and improved and will remain a link to 1-10, however, traffic currently accessing I-10 via Sandario Road is expected to utilize the future alignment of Tangerine Farms Loop Road as reflected in the Marana regional transportation plan Sanders Road is a paved, two-lane collector street that traverses the western edge of the site. The roadway currently occupies 60 feet of public right-of-way with an additional190 feet of right-of-way being dedicated as part of this project. Bamett Road is currently runs parallel to the northern edge of this project. It is expected this roadway will be abandoned in the near future as the Barnett channel/linear park is constructed. Traffic currently utilizing this roadway is expected to shift south to the proposed Clark Farms Boulevard. Clark Farms Boulevard, a portion of which will be constructed as part of this project, will become the main collector street for the residents living in Payson Farms. This roadway will bisect the project, intersecting with Sanders Road on the west and connecting to the Clark Farms Blvd alignment proposed with the Rancho Marana Specific Plan. - 24 The following table summarizes arterial and collector roadways within I mile of the proposed project. Roadway Inventory Functional Existing Min Existing# Existing Posted Owner Class PJW PJW Lanes Pavement Speed required width Limit Sanders: Arterial 60 250 2 24 45 Marana Moore- Marana Moore: Arterial 60 250 2 24 35 ,, Sanders to Tangerine Farms Barnett: Local 60 60 2 24 35 ,, Sanders to West Frontage Rd. Trico ^rterial 60 250 2 24 45 ,, Marana Rd: Sanders to 1-10 Tangerine Arterial 250 250 Not yet " Farms Rd constructed Marana Recommended 2025 Roadway Improvements 25 Grief Rd Barnelt Moore El Tiro Emigh Twin Peaks LEGEND Lanes Lanes Lanes Lanes Inte~hange I Mile Avra Vailey Rd Picture Rocks Moore Rd Tangerine Rd Naranja Rd Lambert Ln Unda Vista Rd Overton Rd MM~eeee (iV) ina Rd ~ O~ngeGmveRd River Road 2003 Operating Leve~ of Service LOS C or Better Current Traffic Volumes 26 Currently, there is little traffic on the roadways surrounding this project due to the rural nature of the area. Most of the traffic in this area is generated north and east of the project site. The following provides a summary of the existing traffic volumes, capacity, and operating level of services (LOS) on the surrounding roadways. Roadway Source ADT Capacity** LOS Segment @LOS D Sanders: Avra PAG -2000 2100 8,160 C or better Valley to Marana Barnett: ,, 900 .... Sanders to 1- 10 Moore Rd: " 700 " " Sanders to 1- 10 **- Capacity at LOS D is based on FDOT Generalized Annual Average Daily Volume for areas transitioning into Urbanized Areas. Levels of Service Level of Service (LOS) is a qualitative description of how well a roadway operates under prevailing traffic conditions. A grading system of A through F is utilized. LOS A is a free flowing system, whereas LOS F is a forced flow and extreme congestion. The region has endorsed the LOS assessment methods prepared by the Florida Department of Transportation, as incorporated in the Pima Association of Government Mobility Management Plan. The region-adopted performance standard is LOS D for up to two hours during peak traffic periods on typical weekdays. Alternate Modes There are currently no alternative forms of transportation near this project site. All newly constructed roads in the area will allow for pedestrian walkways and bike lanes. The 1-10 frontage roads are designated as bicycle routes. The closest public transit is at the SunTran park and ride lot located at the intersection of Thornydale/Ina that provides connection to three express routes (Routes 102, 103, and 186) and to Route 16 that runs on 30-minutes headways Monday through Friday. Route 16 travels between InafThornydale and the Laos Transit Center with a stop at the downtown Ronstadt Transit Center. Another park-and-ride lot is available at the Pima Community Northwest Campus on Shannon Road, south of Magee Road. This lot is served by Route 61 that runs seven days a week on one-hour headways between Ina/Shannon and the TohonoTadai Transit Center at Stone and Wetmore. -- 27 Roadway Improvements The following table lists the proposed roadway improvements that will improve access to the area. In addition, there are off-site improvements that are required to be constructed by the developers in the Northwest area. Sponsor Project Current Status Design Status Construction Description Status ADOT 1-10: Marana TI TIP 2004 2004/2005 to Cortaro TI 1-10: Marana TI TIP 2006 2008 to Pinal Air Park Rd Marana Tangerine Farms Complete 2005/2006 Rd: Postvale Rd to Tangerine TI (Through Gladden Farms) Tangerine Farms In Progress 2005/2006 Rd (Moore rd to Trico Marana Rd) Tangerine Farms In Progress (Moore to Barnett) Tangerine Farm In Progress (Barnett to Grier) Realignment of In progress Barnett Rd construction of Clark Farm Rd through Rancho Marana and Vanderbilt Grier Rd: In progress Sandario To Lon Adams Clark Farms: By this In Progress From East of development Payson Farms to Sanders TI- Traffic Interchange, TIP - Trans )ortation Improvement Program -- 28 LH. RECREATION Payson Farms will support the objectives identified in the Pima County Trail System Master Plan and the Town of Marana Parks, Trails, and Open Space Master Plan by promoting internal pedestrian linkages throughout the site to the surrounding area with an emphasis on connection points to the Barnett Linear Park/Channel to the north. In addition to the proposed Barnett Linear Park/Channel, there are currently two parks within a one-mile radius of the site and one abutting the outside of the one-mile radius. 1. The 40-acre public Ora Mae Harn District Park 2. The Santa Cruz Linear Park 3. Gladden Farms Park Onsite recreational areas will be provided and may include ball/soccer fields, play equipment and tot lots. - 29 GR~ER ROAD IVlARANA PLUS SCHOOL Park mm~mm~ Schoo) 0 2000' 4000' { LO $TAg ENGiNEERiNG COMPANY, LLC I.I. CULTURAL~ARCHAEOLOGICAl_/HISTORIC RESOURCES A cultural resources assessment survey was completed for this site by Tierra Right of Way Services on April 13, 2004. No prehistoric or historical features were found within the survey area and no National State Register historic properties were recorded within 0.5 miles of the parcel. AZ: 12:684(ASM) is situated in the far northeastern corner of the project area. Although two isolated artifacts were located within the previously recorded site boundaries, the site has been completely destroyed since its original recording in 1986 (Bayman and Madsen). The site lacks sufficient integrity to warrant further research. Therefore, the proposed development of a residential community will have no direct or indirect impacts on this site or other potential significant cultural recourses. PART II - LAND USE PROPOSAL II.A PROJECT OVERVIEW Payson Farms is a proposed residential development that will include a maximum of 380 single family lots on 107 acres of land with an overall less than 4.0 residences per acre. Lots sizes will range from 6,000 - 8,000 square feet with the exact mix of lot sizes to be determined at a future date. Homes will be a mix of one and 2-story homes however, two story homes will be allowed only as follows: · Maximum Building Height: 25 feet · No 2-story homes on corner lots · No more than two 2-story homes adjacent to each other. · No more that 50% of the site will be 2-story As a condition of this rezoning, a development agreement will be entered into with the Town of Marana. This development agreement will define development constraints. Although this zoning request will be for a zoning change to R6 for the entire site, the developer will place a maximum number of lots for the project at 370 as a zoning condition. The maximum number of lots allowed for this site by the Northwest Marana Area Plan is (107acres x 4units per acre) 428. This project will not incorporate commercial or industrial areas. The site plan currently depicts 367 lots in three size groupings with the minimum lot size being 6000 square feet which is the minimum lot size allowed under R6 zoning. The proposed mix is as follows: 6000 square foot minimum - 180 lots 6900 square foot minimum - 102 lots 7800 square foot minimum - 85 lots Ideally, this project will be configured with mixture of lot sizes throughout the site. This however will be a function of the final homebuilder(s) exact product and marketing needs. The project will be designed with pedestrian circulation and onsite recreation. Active recreation will be provided both on site and within the portion of the Barnet Linear Park which will be dedicated as part of this project. Onsite recreation will be both passive and active with an emphasis on active open space that can be utilized by future residence of the development and local area. Most homes within this project are planned to "backup" to recreation areas which will be a combination of areas landscaped with grass.and trees connected with a linear trail //.B. system. The onsite recreational areas will also serve as areas to harvest and direct onsite generated stormwater. This project meets the intent and goals of the Marana General Plan as well as the Northwest Marana Area Plan which allows for a land use of residential-commercial villages with an average density of 4 units per acre. This project will incorporate a rural feel through the extensive use of open space, and architectural and landscape architectural elements. Large swaths of grassy fields will be provided through out the project, evoking the rural, agricultural setting of the area. Large shade trees throughout these areas will help to create the character of a ranch homestead. Elements of the entry monumentation and main streetscapes will also incorporate a rural character. The project will be buffered from Sanders Road by a 30' buffer and from Barnett Road by the Barnett Road Channel. Landscaping along the 30' buffer on Sanders Road will evoke the rural character of the area, using large trees and shrub species appropriate the rural setting. A vegetated landscape buffer between the commercial parcel to the south of the project and will incorporate 'streetscape' vegetation as well as the privacy walls at the back of the adjacent lots. Vegetation will include trees, shrubs, and accents of species appropriate to the rural character of the area. Entrance design is in the conceptual phase at this time, however elements used in the design may incorporate specialty paving at the immediate entrance, large shade trees and other 'rural' vegetation as well as walls, pillars, or ranch-like fencing. TENTATIVE DEVELOPMENT PLAN (TDP) See Exhibit ll.B. on the following page. A "jacket" with a clear acetate overlay of this TPD is provided inside the back cover of this site analysis. All roadways constructed as part of this project will be public local streets with exception of Clark Farms Boulevard which will be a collector road. This project will provide two points of access prior to construction of 25 new homes. These access points as shown on the TPD include a connection to Clark Farms Blvd as well as a connection to the south. It is intended that this project be platted as one phase. However, the possibility of phasing the construction will be taken into consideration with the site layout and if construction is phased, each phase will be designed as a stand-alone project. CC&R's will be prepared and a master Home Owners Association (HOA) will be formed to effectively govern all common areas on this project. Design standards for the project shall meet or exceed those found in the Marana General Plan and the Northwest Marana Area Plan and will be in accordance with the Marana Subdivision Street Standards Manual published in March 2004 as well as other applicable design standards accepted by the Town of Marana. EXISTING LAND USES. Zoning Boundaries/Existing Land Uses See Exhibit II.C.1. Land Use Impacts Development of this property as depicted on the TPD is in accordance with the Northwest Marana Area Plan and is compatible with proposed development on neighboring parcels. No negative impact on surrounding land uses is anticipated. TOPOGRAPHY Topographic Characteristics There are no restricted peaks and ridges on this site nor are their any rock outcrops. 15% Slope Encroachment Development of this project will not effect or encroach into areas with a greater than 15% slope. New Cross Slopes No allowances are to be made under Title 19 because the predevelopment average cross slope of the property does not exceed 15% as calculated in Section I.B.2 of this site analysis. Therefore, new cross slope calculations are not necessary. 34 Exhibit II.B: Tentative Development No[es 1. site area 107.6 acres Existing zoning "A" Sma~ ~ot Proposed zone: F~6 Open space Passive Recreation Open Space: 6,77 acres Active Recreational Open Space: 16.48 acres Total Open Space: Lot sizes: ~ Lot "A"-7,800 sf (min~): ~ Lot "B"-6,900 sf (min.): Lo[ "C"-6,050 sf (min.): 23.25 acres 85 ~ 02 ~80 ~ots ENGI~NEER~NG CO~,~PANY, LLC N 0 500" 0 1500' 3000' 1 ENG~NEEF~N(~ COMPANY, LLC Exhibit II.C.2: Zoning Nap Project Boundary A ~/ Small Lot Zone Nedium Lot Zone Designated F~oodp~ain Zone Specific Plan Single Family Resldentla~ Neighborhood Commercia~ 3000' COMPANY, LLC Exhibit Preliminary Gra~ing Payson Farms & Drainage Plan N LO~$TA~ COMPANY, LLC Exhibit II.D.la: Grading Cross Sections Payson Farms 90' Right-of-way I _ ~ 5'1 _ ~ _ 7~ Nulti~u~e lane ,-I ~o~,~_- I _ ~2 _ ,Travel lane SECTION A ~C~ e ~K F~S ~. Lot _ ~ = 20' - O~n Spa~e~' ,~1 Drainage SECTION D SCALE NTS ~,~' Right-of-way . S~ Sidewalk R ,On-~.t pa,~ :I0: Travel lane ~ 16' ~ SECTION B LOC~ SIREET TYPICAL SECTION SCALE: NTS Lx.,~U' Lsmt. Lot , Kuw Buffer/Drainage/~1- - SECTION C SCALE 1'=20' Lot _ ~ ~, eomett channel/Linear P~:~ . : Barnett ~ - ~ NOTE: Road ~ ~, Excavation of channel will be provided by this proof. .~ SECTION E SCALE: N'IS LL ~ _ ROW ,~ ~ Lot _ ~. VARIES _ ~ _ Lot ._ I. ROW _ ~ - ~ - Open q~ace/Recre~tion area ~, - ~ -I - SECTION F SCALE: NTS Barnett Road Exhibit II.D.l.a: Section Key Plan Preliminary Grading & i~rainage Plan Payson Farms Note: See Exhibit II.D.l.b for Cross Sections. 600' 900' 1200' Future ReSidential LODESTAR ENGINEERING COMPANY, LLC. 1010N. Flfl~fl~e C~fl'm~D~m, TUcm~%A~ 9~71O II.E. HYDROLOGY Hydrologic Characteristics The TDP (Exhibit ll.B.1) and Preliminary Grading and Drainage (Exhibit ll.D. 1) show that the all onsite generated stormwater will be conveyed to the Barnett Linear Park/Drainage Channel though a series of basins which will serve as both recreational areas and drainage. These multi-use areas will be depressed and graded in such a manner as to allow for the use of occupants of the development the majority of the year. During storm events, these areas will be temporarily used for retention/detention with the maximum amount of runoff during a 100-year storm event expected to be less than 700 cfs. Stormwater will be conveyed from these multi-use areas by underground pipes and eventually discharged into the Barnett Channel. Since this project is discharging directly into the Barnett Channel, mandatory retention/detention will not be required however the project will provide a limited amount of retention/detention as part of the development. The portion of the Barnett Channel constructed as part of this project will be utilized to temporally act as a retention basin for this project until such time that construction of the channel is completed at which time all onsite generated stormwater from this project will be conveyed via the Barnett Channel west and discharged into the Santa Cruz River. Encroachment/Modification of Drainage Patterns There will be no encroachment of modification to existing drainage patterns as part of this project, Drainage Impacts to Upstream and Downstream Properties There will be no adverse effects to up and downstream property owners as a result of this project. TDP Conformance to Area Plans, Basin Management Plans and Town Policies This project meets the intent of and conforms to the Northwest Marana Area Plan. -- 41 II.G. LH. VEGETATION The Tentative Development Plan provides for grading and disturbing the entire project site. Since this property has been utilized for farming for many years, there is no existing natural vegetation onsite. It is anticipated that the majority of this recreational area will be planted with grass and flood irrigated with irrigation water obtained from the Cortaro Marana Irrigation District. WILDLIFE The impact to native wildlife as a result of this project is expected to be negligible with the exception of the various birds in the area who may use the agricultural crops located on the site as a feeding ground during growing season. A biological report has been prepared for this project by Westland Resources. VIEWSHEDS Visual Impact a. Views from off-site. Refer to Exhibits I.F.2.V1-V16. b. Visibility Exhibit I.J.1 maps areas of medium visibility and high visibility. -- 42 I1-1 FUTURE CONDITIONS TRAFFIC STUD¥ Access Clark Farms Boulevard will become the collector roadway for this project. Access to Clark Farms Boulevard will be made initially from Sanders Road. Once Tangerine Farms Loop Road is constructed, Clark Farms Boulevard will intersect with it by extending east through Rancho Marana. Until this connection is made with Tangerine Farms Loop Road a temporary secondary access point to this project will be provided to either Sanders Road or Barnett Road. This secondary access will be provided once a maximum of 25 building permits have been issued for this project. Trip Generation The total (daily) traffic generated from this project is estimated based on the trips rates published in the Institute of Traffic Engineering Trip Generation, ~h Edition for Land use 210- Single Family Detached. These trip rates are provided in Exhibit 9 and total trips generated by the project are provided in Exhibit 10. Peak Hour and Daily Trip Rates- Land Use 210 Trips'per'nit%In %Out AM .75 25 75 PM 1.01 64 36 Daily 9.57 50 50 Project Trip Generation AM Pk PM Pk 7n0 Out Total In 210 280 24O Out I Total 90 330 Daily In 1760 Out 1760 Total 3520 The above is based on 367 dwelling units. Future Traffic Volumes and Distribution The future daily traffic volumes and level of services of the roadways impacted by adding the site traffic volumes to the existing volumes plus estimating regional growth or background traffic volumes on the roads. The distribution of the traffic from this project at the buildout condition (a 5- year time period) assumes that Clark Farms Blvd and Tangerine Farms Rd are constructed. We estimate that 60% of the traffic will go east and 40% will go west to Sanders, of the 40%, 10% will go north on Sanders and 30% will go south on Sanders. -- 43 Intersection Volumes Based on these assumptions, it can be expected about 30% of the site traffic will travel through the intersection of Sanders Road and Moore Road and 60% through Tangerine Farms Road and Clark Farms Boulevard. -- 44 PUBLIC UTILITIES All utilities required as part of this project will be constructed by the developer and/or homebuilder and will include the following (see ALTA for location existing onsite utilities): Sewers: There is currently capacity in the public sewer main within Sanders Road and at Pima County's wastewater treatment plant. The owner of this project has entered into a sewer service agreement with Pima County which states that in the event that there is not capacity within the existing wastewater system, Pima County will provide capacity. Water: Water will be provided by the Town of Marana who has indicated in preliminary discussions that this project is within the 100-year assured water supply area. This project will construct both potable and non- potable water mains. A development agreement will be entered into with the Town of Marana to outline future impact fees associated with the potable and non-potable water systems. Gas: Southwest Gas serves this site and there is an existing main gas line located within the existing Barnett Road right-of-way. Electric: TEP serves this site and has an existing power line within the existing Barnett Road right-of-way. Telephone: Qwest serves this area and has existing capacity to serve this site. Telecommunications: Comcast serves this area and has existing capacity to serve this site. Cortaro Marana Irrigation District (CMID): Non-potable irrigation water will be provided to this project by CMID. This project will have no adverse affects on existing CMID infrastructure. Solid Waste Collection: Solid waste generated from this site will be collected by Waste Management, BFI, or another private waste collection company. II.K. PUBLIC SERVICES Marana Northwest Regional Airport: This project is located within 5- miles of the Marana Northwest Regional Airport. Therefore, an avigation easement and disclosure to future residents regarding the site's proximity to the airport will happen prior to final plat approval. -- 45 Emergency Services: This project will be annexed 'into the Northwest Fire Department district who will provide services to this area from Station 36 located at 13555 North Sanders Rd. Fire and emergency vehicle access will be provided to this site from Greer Road. Schools This project is located within the boundaries of the Marana Unified School District and within the service areas of the following schools: Estes Elementary Marana Junior School Marana High School Utilizing the Marana Public School multiplier of 0.5 children generated per household, it is anticipated this project will generate approximately 170 new students for the effected schools. Estes Elementary has current enrolment 468 students with a capacity of 680. Marana Middle School has a current enrollment of 1031 students with a capacity of 1410. Marana High School has a current enrolment of 1483 students with a capacity of 1958. All schools appear to have sufficient classroom capacity for the additional student enrollment. In addition, the developers of Payson Farms will make a contribution of $1,200 per home-site to Marana Schools for a total estimated amount of $440,400. This contribution will likely be made to the Town of Marana who will then distribute the money to the Marana School District. Parks Marana Park is located just over 1-mile from the center of this project. It is expected that the Barnett Linear Park/Channel will become the primary offsite park site for this project once constructed. The developers of Payson Farms will make a contribution of $1,000 per homesite for offsite public parks and/or open space. This contribution will be offset by the cost of construction of this projects portion of the Barnett Linear Park/Channel. This project will contribute to the construction of the Barnett Linear Park/Drainage Channel only by excavating the channel across the project frontage. All earth.excavated from the future channel will be utilized by this project for site grading. Construction of all landscape areas, trails, and other linear park amenities will not be part of this project and will be designed and constructed by the Town of Marana. 46 ILL. RECREATION AND TRAILS On-site Recreation Separate and apart from dedicating and constructing 9.71 acres of the Barnett Linear Park/ChaRnel, this project will provide 13.54 acres of both active and passive onsite recreation. This acreage conforms well within Marana's onsite recreation requirement of 185 sq. ft per homesite (1.55 acres required and proposed). This project will incorporate a linear park/recreation system that will connect to the Barnett Linear Park/Drainage Channel as well as providing connection points to Rancho Marana to the east and Moore Road to the south which will effectively connect the site to Gladden Farms. The onsite linear park/recreation will include landscaped open space which may be utilized by residents for active recreation (soccer, baseball, and other sports) as well as tot lots, walking, picnic areas, and other active and passive activities. This project will incorporate active and passive open space in the form of trails, turf fields and play areas. Trails will connect the open green spaces throughout the project, as well as to trails off-site. Turf playing fields will be provided in the green spaces between lots, providing large grassy areas suitable for "pickup" soccer, baseball or other types of games as well as informal play. Large shade trees, benches and picnic tables along the perimeter of these fields and trails will provide opportunities for passive recreation and picnicking. Two small playgrounds or 'tot-lots' will also be provided as additional recreational amenities. One tot lot will be placed in a common area both north and south of Clark Farms Blvd. Ownership The recreation facilities associated with this will be owned and managed by the Payson Farms homeowners association. Off-site Trail Access This project will provide on-site access to the Barnett Linear Park/Drainage Channel. The trail system will also offer connections to Gladden Farms and Rancho Marana 154 through the common area trails. A pedestrian connection will also be available to the commercial area to the south via an internal street or common area. -- 47 Legend © Shode Tree ~ Shade Tree ~ Turf ~ Ploy~round/Tot Lot CULTURAL, ARCHEOLOGICAL AND HISTORICAL RESOURCES Protection of existing resources A cultural resources assessment survey was completed for this site by Tierra Right of Way Services on April 13, 2004. Results of this survey were negative with respect to existing resources. Refer to section I.i. and the attached report for details. Archaeological Survey Any federal environmental permits required for the development of the property (i.e. Section 404 Permit from the Army Corps of Engineers) would require compliance with the National Historic Preservation Act (NHPA). A cultural resources assessment survey was completed for this site by Tierra Right of Way Services on April 13, 2004. Refer to section I.i. and the attached report for details. Human Burials and Associated Grave Goods The Arizona Revised Statute (A.R.S. 41-865) provides for protection of human burials and associated grave goods located on private land. Should any human remains or grave goods be discovered during construction of the project, ground-disturbing activities in the vicinity of the discovery will cease and the discovery site would be secured. The Arizona State Museum would be immediately notified of discovery and the site would be treated according to local, state, or federal requirements. 49 BIBLIOGRAPHY The following resources, departments, and companies contributed information, which lead to the preparation of this analysis. Arizona Game and Fish Department Arizona State Museum Coronado Engineering and Development Cortaro Marana Irrigation District Engineering and Environmental Consultants Marana Development Services Department Land Development Code Northwest Marana Area Plan Pima County Department of Transportation Sun Mapping 50 APPENDIX 51 Appendix D: Northwest Marana Monitoring Plan Development Monitoring Program Purpose The Development Monitoring Program and procedures are intended to provide the Town of Marana with an accurate record of the type, size, status and timing of vadous development projects within Northwest Marana and systematic method for assessing the impacts of these development proposals on the Northwest Marana area's infrastructure. This, in turn, will allow proper advance planning by the Town staff in terms of design of infrastructure improvements and capital financing. The monitoring program and associated data base will also assist the Town to ensure that a degree of development flexibility can be exercised as the Northwest Marana Area Plan is implemented, but that overall density and development ceilings can still be maintained. Scope of the Monitoring Program The following infrastructure systems are included in the monitoring program: a) Traffic and roadway facilities b) Water and sewer facilities c) Storm drainage systems Development monitoring questionnaires have been prepared for each of the above topics and are included as Tables D-1 through D-4 in this section. Specifically, the monitoring program will address the following infrastructure information: Traffic a) Traffic demands and roadway requirements associated with development proposals within the project area, which will include traffic forecasts resulting from completed development within Northwest Marana, as well as forecast traffic for those projects which have been approved but not constructed. b) Timing of roadway improvements based upon a given level of development in the project area. c) Signalization needs at key intersections within Northwest Marana. Water and Sewer a) Cumulative water and sewer demand in system prior to requests for development review, including demands from projects approved but not yet constructed. b) Water and sewer demand for the development proposal in question based on standardized generation factors. Appendix D: Northwest Marana Monitoring Plan c) New cumulative water and sewer demand, including the development being considered along with assessments for system improvements to accommodate total demands. Drainage a) b) Cumulative existing water run-off at the boundaries of the project area, prior to consideration of individual development proposals. Cumulative water run-off at project boundaries considering the latest development increment being reviewed, as well as all other previously approved development projects, completed or not, to establish the theoretical maximum outflow of any one concentration point. Program Input Requirements The monitoring program requires the input of accurate development-related information in order to provide a credible database and deliver accurate forecasts. This data, to be collected as part of the monitoring questionnaires, includes: a) Project location within the Northwest Marana area. b) Existing land use data for the project location. c) Proposed land use type and density/intensity. d) Daily trip generation rates, AM and PM peak hour trips for adjacent street source (traffic portion only). e) Identification of drainage areas affected by the proposed project and estimate of both existing (pre-project) 100-year storm run-off and with construction of the project (drainage portion only). f) Estimated water consumption and sewage generation rates as a result of the project in question (water and sewer only). In each instance, applicants are required to use standardized Town generation rates for traffic, water and sewer usage and water run-off unless alternative arrangements are made with the Town of Marana Engineer's office. Program Outputs The following types of output can be achieved from the monitoring program. a) Traffic demand forecasts, including a summanj for background (existing) traffic plus approved development traffic plus proposed project traffic. The forecast demand volumes can be summarized by traffic component, such as increase in town-wide traffic, increase in regional through traffic and Northwest Marana traffic. Results of this output function can be compared with base traffic demand forecasts (background traffic plus approved development traffic) to determine specific impacts resulting from development of proposed projects. b) Roadway improvement phasing summaries and estimates regarding the level of remaining development which could occur prior to the need for additional improvements. Appendix D: Northwest Marana Monitoring Plan c) Signalization needs. d) Estimated water and sewer demand for all linkages and key facilities in the Town's water and sewer system. e) Storm water run-off estimates for each drainage basin compromising the project area and impacts on major surface and subsurface drainage facilities. Cycle of Activity The following general cycle of activity described the proposed day-to-day functioning of the monitoring program. a) The Town of Marana Planning Department will distribute monitoring packets to potential development applicants consisting of: · Blank monitoring questionnaires (traffic, water, sewer, drainage). · Instruction forms, including standardized infrastructure generation rates. b) Completed questionnaires are retumed to the Planning Department along with development plan submittals. This is the "input" phase of the monitoring process. The Town Council will establish a processing fee, by resolution, to recover costs. c) Information contained in the qUestionnaires are reviewed and evaluated by the Town staff. Town staff inputs this data into the various computer models (traffic, water, sewer, drainage). d) Results of the modeling runs are reviewed by Town staff to determine the type and level of infrastructure improvements that are needed to accommodate development caused by background conditions plus previously approved projects plus development. Appropriate conditions of approval are placed on approval of development project. e) If project is approved, impact information is added to the base conditions of the various infrastructure models. Appendix D: Northwest Marana Monitoring Plan TABLE D-1 Northwest Marana Area Plan Monitoring Program Traffic AnalySis Questionnaire Please complete the following questions regarding the proposed project. This questionnaire must be submitted to the Town Planning Department along with a copy of any required traffic impact analysis for the proposed project. 1. Project Name: 2. Town File No. (Tentative Parcel Number, Specific Plan, etc.) Project Location and Size (include a detailed description of the location and boundaries of the project site, including assessor parcel numbers, if available and major abutting streets): Traffic Analysis Zone (Town Zone): Land Uses - Provide a summary of the proposed land uses, unit of measure (DUs, Acres, etc.), and amount of each use. For residential uses, provide density classification. For commercial uses, please be as specific as possible regarding proposed land uses comprising the commercial site (i.e., specialty retail, restaurants, etc.). Land Use Unit Amount 4 Appendix D: Northwest Marana Monitoring Plan Provide project trip generation by land use. Use the approved trip generation rates provided by the Town. Total Project If necessary, attach additional sheets to answer the above questions. 5 Appendix D: Northwest Marana Monitoring Plan TABLE D-2 Northwest Marana Area Plan Monitoring Program Water Analysis Questionnaire Please complete the following questions regarding the proposed project in relationship to usage of water. The completed questionnaire must be submitted to the Town Planning Department along with any supporting material. 1. Project Name: 2. Town File No. (Tentative Parcel Number, Specific Plan, etc.). Project Location and Size (include a detailed description of the location and boundaries of the project site, including assessor parcel numbers, if available and major abutting streets): Land Uses - Provide a summary of the proposed land uses, unit of measure (DUs, Acres, etc.), and amount of each use. For residential uses, provide density classification. For commercial uses, please be as specific as possible regarding proposed land uses comprising the commercial site (i.e., specialty retail, restaurants, etc.). Land Use Unit Amount Appendix D: Northwest Marana Monitoring Plan Calculate estimated water demand by land use type. Use water demand factors provided by the Town. Attach additional sheets if necessa~. Land Use Unit Est. Water Demand Total Project Describe any additional characteristics of the project, which may influence or affect water demand for the project (i.e., special water conservation measures, etc.). 7 Appendix D: Northwest Marana Monitoring Plan TABLE D-3 Northwest Marana Area Plan Monitoring Program Drainage Analysis Questionnaire Please complete the following questions regarding the proposed project in relationship to usage of water. The completed questionnaire must be submitted to the Town Planning Department along with any supporting material. 1. Project Name: 2. Town File No. (Tentative Parcel Number, Specific Plan, etc.). Project Location and Size (include a detailed description of the location and boundaries of the project site, including assessor parcel numbers, if available and major abutting streets): 4. Indicate the drainage area or areas in which the project is located. Appendix D: Northwest Marana Monitoring Plan Describe existing uses located on the project area and give the best estimate of the length of time this condition has existed. Also estimate amount of impervious (i.e., paved, asphalted or concrete) existing within the project boundary: Provide a summary of proposed land uses, unit of measure (dwelling units, square footage, acreage, etc.) and amount of each type of land use. Land Use Unit Amount Calculate estimated lO0-year water run-off for the proposed development area for existing conditions. Impervious area includes building area, concrete or asphalt paved areas and other covered structures such as patio covers, garages, etc. Pervious areas include orchards, lawns, gardens and natural, undeveloped area: Pervious area (acres): Pervious area run-off in cfs (1.3 X line a): Impervious area (acres) Impervious area run-off cfs (2.6 X line c): Total area (acres) (line a + line c): Total estimated run-off (line b + line d): Appendix D: Northwest Marana Monitoring Plan Calculate estimated 100-year water run-off from the proposed development project. Pervious and impervious covers are as described in Question 7. Please use standard Town coverage values for different types of land uses: ao Pervious area (acres): Pervious area run-off in cfs (1.3 X line a): Impervious area (acres) Impervious area run-off cfs (2.6 X line c): Total area (acres) (line a + line c): Total estimated run-off (line b + line d): Describe any additional characteristics of the proposed project which may influence or affect estimated water run-off (i.e., construction of detention or retention ponds, etc.): 10 Appendix D: Northwest Marana Monitoring Plan TABLE D-4 Northwest Marana Area Plan Monitoring Program Sewage Analysis Questionnaire Please complete the following questions regarding the proposed project in relationship to usage of water. The completed questionnaire must be submitted to the Town Planning Department along with any supporting material. 1. Project Name: 2. Town File No. (Tentative Parcel Number, Specific Plan, etc.). Project Location and Size (include a detailed description of the location and boundaries of the project site, including assessor parcel numbers, if available and major abutting streets): Land Uses - Provide a summary of the proposed land uses, unit of measure (DUs, Acres, etc.), and amount of each use. For residential uses, provide density classification. For commercial uses, please be as specific as possible regarding proposed land uses comprising the commercial site (i.e., specialty retail, restaurants, etc.). Land Use Unit Amount 11 Appendix D: Northwest Marana Monitoring Plan a. Calculate estimated water demand by land use type. Use water demand factors provided by the Town. Attach additional sheets if necessary. Land Use Unit Est. Water Demand Total Project 12 Exhibit II.B: Te at ¥e No, es 1. Site aree 107.6 acres F. xi~ing zoning "A" Sma~ ~ot Pm~ed zone: R6 ' Pass~e A~i~ Re~]ona~ T~ Open S~: 23.25 3. Lot skes: ~ Lot "A"-7,~ sf (m~n.): ~ Lot "~"-6,9~ sf (m~.): ~ 02 ~o~ Lot "C"-6,~ sf TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: December 7, 2004 AGENDA ITEM: IX. B. 6 TO: FROM: SUBJECT: MAYOR AND COUNCIL Barbara C. Berlin, Planning Director Resolution No. 2004-138: Relating to Subdivisions; approving a Preliminary Block Plat for Vanderbilt Farms. DISCUSSION APPLICANT: Vanderbilt Farms L.L.C., 1121 Warner Road, Suite 109, Tucson, Arizona represented by C.P.E., 1555 E. Broadway, Tucson, Arizona 85719. LOCATION: The site is located on 408.62 acres east of Sandario Road, south of Barnett Road, west of I-10 and north of Moore Road in the Town of Marana. The plat consists of Blocks 1 - 13. PROJECT DESCRIPTION: The existing zoning is Zone F, Rancho Marana Specific Plan, a proposed revision of which is being prepared. As of November 2004, the anticipated uses and densities are as follows: Blocks 1 and 2 are anticipated to be developed as single family detached residences on lots containing at least 6,000 square feet. Block 13 is anticipated to be developed as single family attached or detached residences ( if detached, on lots containing at least 4,500 square feet), with the subdivision layout and exterior home design subject to discretionary Town Council approval. The specific uses and densities of Blocks 3 through 12 are anticipated to be determined as part of a Marana town core master planning process which is expected to be completed by January 2006. The proposed Block Plat depicts the realignment of Barnett Road and the establishment of the Barnett Linear Park and Drainage Channel. The Barnett Linear Park is a proposed open space area located along the existing Barnett Road alignment to function primarily as a storm water drainage feature but will also be utilized as a recreational area. Barnett Road is to be abandoned as a road and replaced by the new Clark Farms Boulevard. On-site retention may be required PRV-03093 Vanderbilt Farms Block Plat PP.doc o prior to the completion of the Barnett Linear Park to the Santa Cruz River. This retention area will be designed so that it may be altered to provide flow-through to the Barnett Linear Park when the channel to the Santa Cruz River is completed. The portion of the Barnett Linear Park along the northern boundary of the development will be excavated and will function as an interim retention area until the channel is completed to the Santa Cruz River. This project proposes a number of new streets in compliance with the Towns adopted Major Routes Plan. Lon Adams Road is to be extended as a through road to Gladden Farms. Postvale Road is to be abandoned from Clark Farms Boulevard south to Moore Road. Civic Center Drive will continue from the new Town Hall site south to Clark Farms Boulevard. A development agreement was recorded by the Town on by June 13, 2003. The development agreement requires the dedication of a minimum of 23 acres of public park land and trail system acceptable to the Development Services Director and Parks and Recreation Director; $1,000 per lot for a Park Improvement Contribution; $1,200 per residential lot for the School Improvement Contribution; and the Santa Cruz River Levee reimbursement of $500 per acre of affected property. RECOMMENDATION The Marana Planning Commission and Planning staff recommend approval of Resolution No. 2004-138, approving a Preliminary Block Plat for Vanderbilt Farms with the following conditions: RECOMMENDED CONDITIONS All CMID issues to be resolved prior to Final Block Plat approval by Town Council. A Water Service Agreement to be executed and approved prior to Final Block Plat approval by Town Council. Potential buyers shall be notified of the existence and potential issues related to the operation of the Marana Regional Airport, located south of the property. The Development Services Administrator, prior to consideration of the Final Block Plat, shall approve the method of notification. A sewer service agreement and master sewer plan must be submitted by the Developer and accepted by Pima County Wastewater Management and the Town Engineer prior to approval of the Final Block Plat by the Mayor and Council. SUGGESTED MOTION I move to approve Resolution No. 2004-138. -2- 120704 PRV-03093 Vanderbilt Farms Preliminary Block Plat 1.doc MARANA RESOLUTION NO. 2004-138 RELATING TO SUBDIVISIONS; APPROVING THE PRELIMINARY BLOCK PLAT FOR VANDERBILT FARMS. WHEREAS, C.P.E. represents the Owner of approximately 428.32 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 Preliminary Block Plat containing 13 Blocks, within the Rancho Marana Specific Plan; and, WHEREAS, the Marana Planning Commission heard this application at their regular meeting on March 31, 2004, and voted to recommend approval to the Town Council; and WHEREAS, the Marana Town Council considered the application at their regular meeting of December 7, 2004 and has determined that the Preliminary Block Plat should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Preliminary Block Plat for Vanderbilt Farms submitted by C.P.E. for approximately 428.32 acres of land located west of Sandario Road, south of Barnett Road, north of Moore Road and east of I-10 is hereby approved with the following conditions: 1. All CMID issues to be resolved prior to Final Block Plat approval by Town Council. A Water Service Agreement to be executed and approved prior to Final Block Plat approval by Town Council. Potential buyers shall be notified of the existence of and issues related to the operation of the Marana Regional Airport, located south of the property. The Development Services Administrator shall approve the method of notification, prior to the consideration of the Final Block Plat. A sewer service agreement and master sewer plan must be submitted by the Developer and accepted by Pima County Wastewater Management and the Town Engineer prior to the approval of the Final Block Plat by Mayor and Council. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 7th day of December, 2004. Mayor Bobby Sutton, Jr. ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Resolution No. 2004-138 2 MARAN,A., 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 (Check One) Preliminary Plat Final Plat Development Plan Landscape Plan Native Plant Permit General Plan Amendment Specific Plan Amendment Rezone Significant Land Use Change Variance Conditional Use Permit Other Assessor's Parcel Number(s) Gross Area (Acre/Sq. Ft.) DevelopmenV Project Name Project Location Description of Project Property Owner Street Address Zip Code Phone Number Contact Person GENERAL DATA REQUIRED gl,'l. 3~t - ooto [ General Plan Designation ' (To be confirmed by staff) Current Zoning I-/l'7°1°1~~'7'7~ "~'~+ (To be confirmed by staf0 Proposed Zoning City I State Fax Number E-Marl Address Phone Number Applicant * Street Address City Zip Code Phone Number Contact Person Agent/Representative "~ L~.3~ ~'-~,3~ Street Address Zip Code Phone Number Contact Person C? H DP. State Fax Number E-Mail Address Phone Number Fax Nuraber E-Mail Address Marana Business License No. 3. AUTHORIZ&TION OF PROPERTY OWNER 1, the undersigned, certify that all of the facts set forth in this application are tree to the best of my knowledge and that I am either the owner of the property or that I have been authorized in x~miting by the owner to file this application. (If not owner of record, attach written authorization from the owner.) ~ Print Name of Applica~t/A~ent - - D'ate FOR OFFICE USE ONLY CaseNo. ~x.~-0~C't~¢ Date Received cO4/'!73_/~ ReceiptNo. ~2-)4~7 MARANA TOWN OF MARANA F Vanderbilt Farms I Request for approval of a Block Plat consisting of 164 lots, Common Areas "A" through "G", and Blocks 1 - 7 NOTES VANDERBIL T BLOCKS ! THRU 13 PRELIMINARY BLOCK PLAT (ALL STREETS AND SERVERS ARE PUBLIC) PRV-O$O9$P OWNER/DEVELOPER SHEET INDEX ', ,, i 4 YO UT I/4 PEDESTRIAN SIGHT VIS1BIU'~ TRAINGLE SIGHT VI$1BILI'I'Y TRIANGLE DETAIL -3~- a5 - -I I [ I I I I LOCATION MAP LEGEND ACCEPTED: MARANA TOWN ENGINEER DATE NORtHWeST FIRE DISTRICT PR£UMINARY BLOCK PLAT VANDERBIL T PROPOSED BLOCK 1 COMMERCIAL / / // ~ BLOCK 13 ~ T,~25.01' CONTOUR INTERVAL=I' SEE PROPOSED BLOCK 3 COMMERCIAL SHEET 5 PROPOSEB TOWN tIALL BLOCK 12 '1 £XIS27iqC TOg~l tlALL PROPERI'Y DKT. B729, P~.1557 'x BLOCK BLOCK I0 PREUMINARY BLOCK pLAT VANDERBIL T ~,zo~*.-s~o~-o~ ~...~,~ ~ .~oo' SHEET 2 OF 9 ,. MARAiqA $CflOOL DISTRICT BLOCK BLOCK'70~. CONTOUR INTERVAL=I' o~o. =oo. ,oo. SEE MARANA SCHOOL DISTRICT BLOCK BLOCK 2 SHEET 6 PR£LIUINXRY nCOCK PI~T VANDERBILT BLOCKS I THRU 15 I_ i_ BI~CK ? BASIN 8 BLOCK 2 CONTOUR INTERVAL= 1' SEE SHEET 7 BLOC~ ~ %, e pRY-O3Og3P PRELIMINARY BLOCK PLAT VANDERBILT BLOCKS I THRU 13 19~064-B1~08-0105 ~...AiI, E '~'-too' SHEET 4 OF g L CONTOUR INTERVAL= 1 ' iL~ o~o. =oo.~o. SEE SHEET 2 BLOCK F~ .~+ ,. + ~ + + PR£UIdlNARY BLOCK PLAT VANDERBILT *lg~oe~,-noos-olos ~.-~'g *~ .'mo' SHEET 5 OF 9 + + B + + · + ,F + SEE SHEET 3 + ] + + CONTOUR INTERVAL-- 1' iL~ o~o. ,o,~o. ~ PREUblINARY BLOCK PLAT (-i~'~' *~ VANDERBILT 19~--4 e~-[01~[[ ~ 1' '1~ SHEET 6 OF 9 I [- + -J- JLCONTOUR INTERVAL=I' ' 100' 200' 300' SEE SHEET 4 W 2638.62' BLOCK 3 BLOCK 6 + .. BLOCK 4 ~ +., 1 ., ., PRELIMINARY BLOCK PLAT V.4NDERBILT SHEET 7 OF 9 BLOCK BmC~ 4 : BLOCK 5 EC ._, + x'x -t- CONTOUR INTERVAL= 1' [ffio o. I PRELIMINARY BLOCK pLAT VANDERBILT ~.O%oo, Pm^ C~U.T~, ~iz~u, SHEET 8 OF 9 QMOOR£ ROAD QCONCRETE VERTICAL CURD AND GU~ER PC/COT STD. 209 ~PE I(G) (~ODIRED~ ,~ ~O. STD. 220, ~PE '~ (~ODIFIED) ~ st als ~ CLARK FARMS DLVD. (~£HC£ otw.~ ~ VERTICAL CURB & GUTTER TO RO~ / ,~ ~-~ ~, ~ ~'~'* I I _- h I I ~ I I I I~~, ~ ,~ ,. ~: _. , ~~ ~ Il I ~ ~ ~ ~ ~ " I I ~ I I ~, r~ ,~X~ .... - ' *'u~ I ~ C~RK FARMS DLVD. J I ~ ~ .... I-- ~~ . ~ *,EU,INA,Y BLOCK *~T SHEET 9 OF g TOWN COUNCIL , MEETING TOWN OF MARANA INFORMATION MEETING DATE: December 7, 2004 AGENDA ITEM: IX. B. 7 TO: FROM: SUBJECT: MAYOR AND COUNCIL Ron Smith, Director, Parks and Recreation Department Relating to Leasing of the Mobile Stage DISCUSSION The Town of' Marana Mobile Stage is available to organizations for use inside the Town's boundaries. Fees noted on the Mobile Stage Rental Agreement (attached) are applicable to all users. The exception is the Marana Unified School District. They will be responsible for actual labor costs of' delivery and set up by Town employees only. RECOMMENDATION Staff recommends approval of' the Mobile Stage Rental Agreement. SUGGESTED MOTION I move to approve the Mobile Stage Rental Agreement. 12/01/2004/11:40 AM MARANA TOWN OF MARANA Town of Marana Parks and Recreation Department Mobile Stage Rental Application The Mobile Stage can be reserved for use within The Town of Marana town limits. DATE: Application must be received 30 days prior to event. NAME OF APPLICANT: HOME PHONE: DATE(S) NEEDED: HOURS: from to ORGANIZATION: WORK PHONE: BILLING ADDRESS: CITY: LOCATION OF EVENT: WILL YOU NEED ACCESS TO THE STAGE AFTER HOURS? (Hours of operation are from 8:00 a.m. - 10:00 p.m.) Y N IF SO PLEASE SPECIFY: STATE: ZIP: # OF PEOPLE iN EXPECTED: · FEE SCHEDULE Daily Stage Rental $250.00 Two Day Rental $400.00 Generator Rental $175.00 I Stage Extensions $105.00 Personnel charge (must be present during operation) $26.00/hour Insurance - Liability coverage by renter naming Town of Marana $1 MIL Refundable Cleaning/Damage Deposit $500.00 0.50/mile+personnel cost RENTAL AGREEMENT This application shall constitute an indemnity to the Town from the applicant for any and all damages to the stage and equipment by any person or persons attending the event and all liability and damage to any person or persons for injuries, including death. Town of Marana logos on the interior of the open stage must be exposed at all times. No nails, screws, staples, paint duct tape or masking tape or any other damaging material may be attached to the interior or exterior surface of the mobile stage. The applicant does hereby agree to pay the Town within ten (10) days from the date of such use for any and all loss, breakage or need for repair of any equipment or portion of equipment. The burden of proof shall be upon the applicant to prove that any such damage was not caused by his organization, adhering to the Town of Marana's use requirements. The applicant agrees to pay the fees noted herein. The applicant further agrees to pay one-half the estimated rental fees plus the Cleaning and Damage Deposit not later than two weeks prior to the event. Certificates of insurance received must be provided to the Town at least two weeks prior to the event. All remaining fees shall be paid within ten day after the event. Upon payment of all fees, ~nd provided no cleaning or damages have occurred, the applicant shall be refunded their cleaning and/or damage deposit. The Marana Parks and Recreation Department reserves the right to cancel this reservation prior to scheduled use due to unforeseen Town of Marana conflicts, etc. in which case applicant will be notified in advance and all pre-paid fees and deposits will be refunded. Cancellation by the applicant must be made to the Parks and Recreation Events Coordinator at least one week prior to the event to receive full refund of all deposits. Failure to notify Parks and Recreation one week prior to the event results in forfeiture of cleaning/damage deposit. Fees for stage use are non-refundable in the event of non-use or shorter duration. In the case that the event is cancelled due to inclement weather prior to the noted start time, only personnel costs shall be assessed. Mobile stage cannot be used in winds greater than 30 mph. Placement and location of the stage on the event site is the decision of the Parks and Recreation staff and is based on the physical and safety requirements of the mobile stage, spectators, and participants. Applicant's signature signifies that they accept all terms and conditions. I have read, understand and agree to abide by the Town of Marana requirements for use. Applicant's Signature Date: 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: $ DATE: TOWN AGENT SIGNATURE: RECEIPT #: DATE: TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: December 7, 2004 AGENDA ITEM: IX. B. 8 TO: FROM: SUBJECT: MAYOR AND COUNCIL Frank Cassidy, Town Attorney Executive Session pursuant to A.R.S. § 38-431.03(A)(1) to discuss the proposed terms of contract for continued employment of Town Manager Michael A. Reuwsaat. DISCUSSION To be provided at executive session. SUGGESTED MOTION I move that we go into executive session as requested by the Town Attorney. {00000382.DOC/] FdC/cds 12/1/04