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Home My WebLink About02-16-1999 Council Agenda Packet i TOW~~T OF 1~L~NA A, AI~IZON1~ TOWN COUNCIL 1lIIIEETIIVG Februa~cy i6, 1999 7:00 P.N.I. Mayor Ora M. Harn Vice Mayor Bobby Sutton, Jr. Council Member Ed Honea Council Member Herb Kai Council Member Sherry Millner Council Member Roxanne Ziegler Council Member Mike Reuwsaat Town Manager . Mike Hein 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 otlier'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 placa 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 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 may be addressed to Sandy Groseclose, Marana Town Clerk, at 682-3401, Monday through Friday from 8:00 to 5:00. Posted by February 12, 1999 by 7:00 oclock p.m., at the Marana Town Hall, Marana Police Department Town Hall Annex, Continental R.anch Community Center. • 1 l ~ . AGENDA February 16, 1999 7:00 P.M. ~ CALL TO ORDF.gi . PI.~DG~ OF ALL~GIANCE kil. INVOCATION IV. ROLL CAI.L , • ~i 1 . APPROVAL OF AGENDA ~ ~ ACCEPTANCE OF MINUTES t`~ < Minutes of Council Study Se.ssion - February 2, 1999 Minutes of Regular Coancil Meeting - February 2, 1999 . C.~Y.L TO THE PUBLIC/ANNOUNCENdENTS At this time, any member of the public is allowed to address the Town Council on any issue not alrecrdy on toniglu'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 (IoC3ted at the rear of the Council Ch2mbets) and deliver it to the Town Clerk prior to this agenda item being called. Pursuant to the Arizona Open Mee[ing I,aw, the speaker'S Comments m3y not be considereci, discussed, or even answered by che Council at ctis meecing, but may, at the discretion of the Town, be placed on a future agenda for discussion/action. . Staff Reports IX. GENERAL ORDER OF BUSINESS A. Consent Agenda 1. Authorization ~ ~~g ~ Infor~ation Consultaa~t ~,g~i Al~$E. (Jane Johnson) ~ 2. ltesolution L~ 99_l9 - Renaming of the previous Tangerine Road ~ alignment to "Tangerine Farms Road" and naming the conne~tang ` ( road "Tangerine Lane". (Dave Ader) V 3. Resolu~ion T~ ~-17 -~tequest by WLB Group to relocate the no access easeme~at for Lot 115 of Parcel 51 of Contin~tal Ranc9i as prevflously recorded in Book 48 Page 58-1. (I9ave At~e~) • 4. ~~urav~l of Budget Sc'~e~lule {~toy Cuaa~on) 5. ~esolut~on No. 99-20 - Appointment to t~ae 3'owag of 1Viarana Business Advisory C~mmittee. (~toy Cua~n) ~ ~ ly ' ~ Agenda February 16, 1999 Ordinance No. 99.02 - Requiring developers of land within the Lower Santa Craz River Levee Benefit Area to enter into Development Agreements with ~ the Town of Marana to reimburse the Town for its share of the costs for construction of the levee frnm . the enhanced value of the owners' property, I and repealing all resoludons, ordinances and rules of the '~own of Marana l~J in conflict herewith. (Mike I~ein) C. Ordinance No. 99.U4ti Marana High School Anne.~cation - Consideration and ~ approval of an anne.cation comprisang the sout9i half of the south half of n Sectiom 21, Towns~ip 12 South, Range 11 Fast, Gila and Salt River ~~J • ~ Meridian, Pima County, Arizona. This ann~ation consists of ~ rnximatel 160 acre.s, some of which contain that rtion of the Ndarana PP Y Po Hi h School that is not curren3ly in the Town. (Dick Geaa~) ~ c~~) ~ D. Ordinance No, 99.05: Section ~2~?II~ti4,u - Consideration and approval ~ 2 of an ~nnexation comprising a triangular parcel in the northeast quarter of ~ o Section 19, Townsbip 12 South, Range 12 East, Gila and Salt itiver ~ o Meridian, Pima ounty, Arizona. This annexation consists of ~o apprna~matel~,:~cres. (Dick Gear) ~ ::E. Discussion and Presentadoo - Request to address tl~e Town Council by Lisa Konti regarding drainage issues that she is experiencing on her property. Ms. Konti lives at 5496 Playtime Drive, Marana, AZ 85653. (Mike I~ein) F. Discussion/Direction - Vice Mayor appointment process. (Mike ~ein) G. Association ~ Governments $g~g~ Council j~~ - iteview for discussion and direction. (Mike I~ein) H. State L~isladve - IDiscussion/Y)ire~tion/Ac#ion regard~g all pending bi1Ls before the legislature. (11~d~e I~ein) I. Mayor an_d Coun_ci's Reg~ J, Manager's 1Re~ i 3 ~ 1, : ~ :X. ~[J'fUItE AGENDA ITEMS 1~• l11J~~OV1~.1\l~i•~~~ ' . . /r' • ~ ~"b . - , ~ ~ nZAyOI' ~ ~ 4 c I~IL\'UTES OF COUtiCLL STUDY SESSTON ~ _ ' ; , I~~I:~R~N=~TO~~IN CO_UNCIL- ; _ _ _ _ FEBRUARY 2, I999. . ~ PLACE AND DATC Maran2 Town Hall, February 2, 1999 1. CALL TO ORDER 8y Mayor Ora Harn at 5:33 P.M. II. PLEDG~ OF ALLEGIANCE Led by Mayor Ora Harn 111. ROLL CALL COUNCIL Ora Ham Mayor Present Bobby Sutton, Jr. Vice Mayor Present Ed Honea Council Member Present Herb Kai Council Member Present Sherry Millner Council Member Present Michael Reuwsaat Council Member Excused Roxanne Ziegler Council Member Present STAFF Michael Hein Town ManaQer Dan Hochuli Town Attorney ~ Sandy Groseclose Town Clerk Jane Johnson Human P,esources Director Roy Cuaron Finance Director Brad DeSpain Utilifies Director Jerry Flannery Developmenf Servic~s Administrator Dick Gear Community & Econ. Devl. Administrator Dave Atler Public Works Director IV. APPROVAL OF AGENDA A motion was made by Bobby Sutton, seconded by Sherry Millner, to approve the agenda, as written. The motion carried ~/0. V. GENERAL ORDER OF BUSINESS Discussion of Proposz~ Airpor~ Lease and Trans~er of Soonsorship Mic~aei Hein congratulatad DGn Hocnuli, Town P,t~om~y, and Dick Gear, Community ~ Economic D~v~looment r,dministrator, on 'their diligent er"~ors in bringing 'this imporant consid~rtion befor the Council. Dan Hoc~uli aav~ a bri~~ overview ot the le~ai desc, ipticn or ihe airoer ~ prooe~y civisions ~nd ~arce!s. Mr. Hocnuli expiaine~ tnat oo~ions cT th~ propery w~r:. DUD~IC cf1Cj ~i icll ramain pubiic cS they nave be~n deV~ICP~~ c~iC 1 : ! NIL'~~UTES OF COUNCII.;:STL~DY SESSION ~ , _ . - , , I~~L~R~~,~ TO`V~_COUNCLL - _ _ - FEBRti:~RY 2,- I999 - : . • maintained with grant funding. These porions cannot be le~sed. The remaining porions or the airport propery is owned by Pima County ~nd various parcels are subjec~ to lease. Mr. Hochuli review~d the ~xis~ing leases and occupants or the airport property and expiained that all le~ses were oranted by and subject to Pima County, tne land own~r. He detailed several actions that must take place prior to compl~tion or airpor~ sponsorship transfer includina ~xecuiing a warranty deed with Pima County, FAA, trans~er of sponsorship to the Town of Marana and assignment of exisiing leases to the Town ofi Marana. Mr. Hochuii noted that as part of the agreement of the transfer the pending lawsuit betwe~n Fima County and Pima Aviation would ~nd and be dismissed at the same time this soonsorship transfer occurred. Dick Gear presented the Council with an inTOrmation packet and generally expiained the projection figures contained in the packet. Mr. Gear said that having ownership or the Avra Valiey airport will be (ike acquiring an S8 million facility with the front end costs at ~206,000 to the Town of Marana at the time of ciosing with Pima County. Of these Town costs, 90% (5187,400) wili be compensated by ADOT in a rouiine type grant funding. Mr. Gear staied that the static budget presented in the Council packet snows the best numbers for the operating budget at the airpor~ b~sed on the figures derived rrom Pima County's last four years' presentation of ~ata. Roy Cuaron, Financ~ Director, had tak~n those numbers and arrived at the best average over those four years. ~ Mayor Harn interruptsd to add to the racord that Councilperson Rox~nne Ziegler had arriv~d at the Study Session. Tim~: 5:50 P.M. Dick Gear concluded that none oT the revenue projec;ion rigur~s presented in the pro forma report to the Council inciuded any new commercial and/or economic development outside of the ~irpor~ propery or along Avra Valley P,oad. Mayor Ham opened tne discussion ror questions from the Councii regarding Mr. Gea~s report. Vice Mayor Bobby Sutton questioned why the pro forma figures were not carried forward and Dick Gear replied that his r~venue projections were conservative. Mr. Gear added that these business re!Gtionsnips in development hav~ not been conrirmed and would add unnec~ss~ry rinancial impact. Counciiman Herb Kai ques~ioned the small amoun~ (Si8,250) or revGnue generat~d for assets on an S8 miilion prcpeny. Dick Gear noted th~~ this fiaure was not beina aefl~~cted bui W~S ~ COSi i0 Mcfaflc i0f i~lc cbllliy i0 SUDIEc52 t~'iE airpor propery and recc;V° fctums from ifl~ irn~es~or and ~~`J~IODC(5 buildina Ofl til° cifDO(i pfODEfiy. ~ Micraei Hein, IOWfI MaraQef, poirtc~ OLf thct iile CU~ic!lt ~c~Sc wi~h Pima Ccunty was bclfl4 c(71~11G~~C! c(l4 iflci ~cfC~~ (;i WcS il~`N. c~~U~Si rOf ~ - . _ I~IL'~itiTES OF: COUNCIi;. STLDY SESSIO~: - _ _ _ , .'~L-~R~~i 4.TO~z~ , COUNCIL . _ _ _ _ , ; . FEBRU~RY I999 • Proposal (P.FP) had aone out and the Abrams Famity was th~ succ~ss~ul bidd~r. Mr. Hein sta~ed tnat the Town was basically doubling the amount the AbrGms ~v~re payina on the additional acreaae. He added tha~ the S8 million was an inves~ment in the airpor by the Abrams, not Pima Couny, and that th~ Abrams Family was paying the 518,205 for tn~ right to lease the 73 acres and develop more ass?ts onto the airport proper~y. Councilman Kai asked ir general, administrative, ~ICA and healtn costs had been included in the airport budget. Dick Gear replied that an airport marcger had be~n included in the budget at a salary of 540,000 wiih an additionai ~20,000 going for benefits and GNA. Mayor Harn urged the Council to present quesiions for the panel. Dan Hochuli pointed out the advantages of the Town mast~r leasing the airport property versus leasing small plots to numerous businesses and actina as landlord. He stated that at the conclusion of the term of the lease every building on the 73 acre parc~l would belong to the Town. Councilman Kai asked about the costly removal of old buildinas after leases have expired. Dan Nochuli answered that therc would be some costs accrued • but the Town would also have other proTii from the ~irpor~ property that would ofrset those costs. Councilman Honea inquired about the various leases' terms and renew~l options plus the Town's option to lease as Marana arows over the years. Dan Hochuli explained that the leases have dir~ering expiration dates wi'th some expiring as soon as 2006 and that not all oT the leases have renewal option c;auses. Dan Hochuli explained some of the possible long term strategy plans for the ~irpor~ prope~y and what the master plan for Avra Valley Airpor~ may be in terms or police and fire subst~tions. Dan Hochuli explained various provisions, compensation schedules, business privileae tax~s and rent schedules of the lease document with Pima Couniy. Councifman Kai inquired about the process of property valu~tion and taxation. Dan Hochuli responded th~t the airport prop~ry would be!ong to a municipality and was not taxable but th~t the structures and buildings wer~ subiec~ to personGl prope~y tax~s. Mr. Hochuli added th~i the valuation or the airpor~ would be arriv~d at by comparing it to similar airpor properties. Councilman Honea ques'tioneti the perc~ntaae or responsoiiity in ihe ~vent or 2f1 cCCidc!lt and ho~v It WOU~d be determined W(lOfil t0 hO~G' (~S~OIISiDIc 0~ harml~SS. ~cfl HOC~IU~I ?XQ~cI(iE~ iilE ~E3Sc5 mutual inC~!1'1f11ilCcilOfl C!cUSc. ~ Mayor t~ofil cda~~ tflci ii11S WcS thz fc?Svfl cfl Cfi-SiiE ,"-,I~DOfi I~1~cIlcG~f hca be~n inGUC~d in th~ I ON/Cl's budoe; and ifici iflc~~'NCUId bE c i~lclflicflcflC~ _ _ . iti~IL\tiTES OF:COU?~CII:, STi;DY SESSION v , , _ _ NL~~tA TO~~IV COUNCIL - ! _ ' FEBR ~ ~ I999 : ~ schedule adh~red to in order to ke~p aoreast of any repairs sucn as runwav liahts, paving, etc., required. ~ Dan Hochuli continued his presenta'tion by briefly discussino the 5% revenue rrom the Avra Vailey Airport property whicn includes a S.G3 p~r aallon fuel fee and sales tax on top oT th~t fee. Mr. Hochuli outlined some of the us~ of premise lease restric~ions such as structure height restrictions, compliance with FA,^, regulations, and sub-lessee restrictions. Councilman Kai asked about pubfic funding for improvements or the airport proper~y and the Town's liability for expansions or improvements. Dan Fiochuli expiained that Marana would be responsible for the expansion or the public portion of the airport. He stated that most of the ADOT and FAA arant fundings cover 90% to 96% or the costs and the Town would be responsible for the remaining costs. He also added that if funding was not avcii~ble then the Town was not obligated to make the improvements. Vice Mayor Sutton agreed ~Nith Councilman Kai's point and asked ii the Town received the full value of the whoi~ project after making the required contribution percentage. Dan Hochuli answered that was correct and tnere would be no shared equity. He sited an example of the Town making a$100,000 expendiiure toward improvements to raise the value or the airpor~ by $1 miliion. • Dick Gear briefly discussed the fact that Pima County had applied for arants to handle fira suppression up to the boundary of the airport and that Cella Barr Associates, Inc. was conductina a study for the county to be completed in June 1999. Mr. Gear pointed out thct within the boundary of the airpo~ to service the hangars and inrrastructure would be the responsibility of the lessee of the ground. Councilman Ed Honea requested inrorm~tion regarding a sui~able water delivery system and ir this system would be part of the municip~l water system or operate on its own. Brad DeSpain, Marana Municipal Water Director, stated that wnen the water delivery system was annexed into the Town of Maran~ and within our Town limits it would become part of our c~r'tiTicated area. Mr. DeSpain added that Cella B~rr was looking into all of the alternative water sourc~s and that the wct~r system would possibly intarconnect at the appropriate time. Dan Nochuii continued ihe Study Session with comments s~ressina the importGnc~ or the business relationsnip be~rve~n the Town ot Marana and the master lesse~. Mr. Hochuli st~ted that i't will be mutuGlly bene;iciGl io work hard to settle any disaare~ments th~t arise. Councilman Herb Kai asked about the provisors ror utilities to the airpor propery and ir this was induded in the oudge±. Dicl~ Gear Sictcd thci li WcS fl0i and th~i thE ~JUdd@± qf?S8~1tE~ was operatior~al only. Dan Hochuii stated tha~ • ihlS 2XQ@!15c may be COV~~~^~ b f grant funding DLt ihai SOI?l~ cfc t(le CeDITc~ expenditur~s nec~ssary ~or this proiec: in th° f1cXt ~e~N ye~rs. Mr. Hoc7uli ~if2SSco ihci tne I'OW(1 WcS flOt adoptino the Ie=Sc but merc~y t~~~If1Q t Ifil~C _ nlI~i iUTES OF GOUi'~CIL STUDY SESSION _ ~ NI:?,R-~N:~ TOZi'~ COI~T~CII.. , _ , _ FE-BRL:~RY !1999 ; _ . ~ County that the leas~ was satis~aciory to Niarana with the revisions which he read into the record. He concluded by stating that he was pleased with the le~se and recommended th? Council adopt the lease. Mayor Harn asked the Abrams Family ir they would like to address the Council at this time. Gary Abrams, Vice President of Pima Aviation and President of Tucson Aero Service Center, addressed the Mayor and Councii and thanked them for the oppo~unity to work with Marana as a par~ner on this project. Mr. Abrams also commended the Marana Police Department and Town stafz for a positive outlook and attitude toward the community. Vice Mayor Bobby Sutton asked about the pace the Abrams family was planning to take now that Marana was involved as a partner. Mr. Abrams stated that they were prepared to be very aggressive and at the same time aliow the Town to decide if a project was within the Town's means, etc. Mayor Harn asked if there were additional questions or Mr. Abrams. There w~re none. VI. ADJOURNMENT A motion was made by Bobby Sutton, sQconded by Ed Honea, to adjourn. The motion passed 610. Time: 6:58 P.M. ~ CERTIF1CATiQN I hereby ceRify that the foregoing minutes are the true and correct minutes of the Mar~na Town Council held on February 2,19Q9. i furher c~rtiTy that a quorum was present. j - % ~ _ ~ ~ .~'"~~~`k% ' - " SANDRA.. j:,~GROSECLOSE, TOWN CLERK ' / ~ 5 , . _ _ ; ` MIN;UT'E~ OF'eOTTI~?CIL. S~UDY SESSIO~~ ' ' , MARANA TOVG'N COUNGII~ : ' FEBRUARI' 2, I999 ` , • PLACE AND DATE Marana Town Hall, February 2, 1999 I. CALL TO ORDER By Mayor Ora Harn at 5:33 P.M. II. PLEDGE OF ALLEGIANCE Led by Mayor Ora Harn III. ROLL CALL COUNCIL Ora Harn Mayor Present Bobby Sutton, Jr. Vice Mayor Present Ed Honea Council Member Present Herb Kai Council Member Present Sherry Millner Council Member Present Michael Reuwsaat Council Member Excused Roxanne Ziegler Council Member Present STAFF Michael Hein Town Manager • Dan Hochuli Town Attorney Sandy Groseclose Town Clerk Jane Johnson Human Resources Director Roy Cuaron Finance Director Brad DeSpain Utilities Director Jerry Flannery Development Services Administrator Dick Gear Community & Econ. Devl. Administrator Dave Atler Public Works Director IV. APPr~OVAL OF AGENDA A motion was made by Bobby Su4ton, seconded by Sherry Millner, to approve the agenda, as written. The motion carried 5/0. V. GENERAL ORDER OF BUSINESS Discussion of Proposed Airport Lease and Transfer of Sponsorship Michael Hein congratulated Dan Hochuli, Town Attorney, and Dick Gear, Community & Economic Development Administrator, on their diligent efforts in bringing this important consideration before the Council. • Dan Hochuli gave a brief overview of the legal description of the airport property divisions and parcels. Mr. Hochuli exptained that portions of the property were public and shall remain public as they have been developed and 1 , MIl\TT7TES :OF COUNCFL STUDY SESSION- : , , , , , ; 1VIARAN;A TOWN COUNCI~ ` , _ , , „ _ ' FEBRUARY 2, ;I999 „ ~ maintained with grant funding. These portions cannot be leased. The remaining portions of the airport property is owned by Pima County and various parcels are subject to lease. Mr. Hochuli reviewed the existing leases and occupants of the airport property and explained that all leases were granted by and subject to Pima County, the land owner. He detailed several actions that must take place prior to completion of airport sponsorship transfer including executing a warranty deed with Pima County, FAA transfer of sponsorship to the Town of Marana and assignment of existing leases to the Town of Marana. Mr. Hochuli noted that as part of the agreement of the transfer the pending lawsuit between Pima County and Pima Aviation would end and be dismissed at the same time this sponsorship transfer occurred. Dick Gear presented the Council with an information packet and generally explained the projection figures contained in the packet. Mr. Gear said that having ownership of the Avra Valley airport will be like acquiring an $8 million facility with the front end costs at $206,000 to the Town of Marana at the time of closing with Pima County. Of these Town costs, 90% ($187,400) will be compensated by ADOT in a routine type grant funding. Mr. Gear stated that the static budget presented in the Council packet shows the best numbers for the operating budget at the airport based on the figures derived from Pima County's last four years' presentation of data. Roy Cuaron, Finance Director, had taken those numbers and arrived at the best average over those four years. • Mayor Harn interrupted to add to the record that Councilperson Roxanne Ziegler had arrived at the Study Session. Time: 5:50 P.M. Dick Gear concluded that none of the revenue projection figures presented in the pro forma report to the Council included any new commercial and/or economic development outside of the airport property or along Avra Valley ~ Road. Mayor Harn opened the discussion for questions from the Council regarding Mr. Gear's report. Vice Mayor Bobby Sutton questioned why the pro forma figures were not carried forward and Dick Gear replied that his revenue projections were conservative. Mr. Gear added that these business relationships in development have not been confirmed and would add unnecessary financial impact. Councilman Herb Kai questioned the small amount ($18,250) of revenue generated for assets on an $8 million property. Dick Gear noted that this figure was not being generated but was a cost to Marana for the ability to sublease the airport property and receive returns from the investors and developers building on the airport property. • Michael Hein, Town Manager, pointed out that the current lease with Pima County was being amended and that Parcel 73 was new. A Request For 2 ; ; _ MIN;UTES OF COUNCII., STUDY SESSION _ , _ , , MARAI~~A TOVVN GOUNCIL. ; ~ ; FEBRUARY 2, 1999 ` • Proposal (RFP) had gone out and the Abrams Family was the successfuf bidder. Mr. Hein stated that the Town was basically doubling the amount the Abrams were paying on the additional acreage. He added that the $8 million was an investmenf in the airport by the Abrams, not Pima County, and that the Abrams Family was paying the $18,205 for the right to lease the 73 acres and develop more assets onto the airport property. Councilman Kai asked if general, administrative, FICA and health costs had been included in the airport budget. Dick Gear replied that an airport manager had been included in the budget at a salary of $40,000 with an additional ~20,000 going for benefits and G& A. Mayor Harn urged the Council to present questions for the panel. Dan Hochuli pointed out the advantages of the Town master leasing the airport property versus leasing small plots to numerous businesses and acting as landlord. He stated that at the conclusion of the term of the lease every building on the 73 acre parcel would belong to the Town. Councilman Kai asked about the costly removal of old buildings after leases have expired. Dan Hochuli answered that there would be some costs accrued • but the Town would also have other profit from the airport property that would offset those costs. Councilman Honea inquired about the various leases' terms and renewal options plus the Town's option to lease as Marana grows over the years. Dan Hochuli explained that the leases have differing expiration dates with some expiring as soon as 2006 and that not all of the leases have renewal option clauses. Dan Hochuli explained some of the possible long term strategy plans for the airport property and what the master plan for Avra Valley Airport may be in terms of police and fire substations. Dan Hochuli explained various provisions, compensation schedules, business privilege taxes and rent sched~les of the lease document with Pima County. Councilman Kai inquired about the process of property valuation and taxation. Dan Hochuli responded that the airport property would belong to a municipality and was not taxable but that the structures and buildings were subject to personal property taxes. Mr. Hochuli added that the valuation of the airport would be arrived at by comparing it to similar airport properties. Councilman Honea questioned the percentage of responsibility in the event of an accident and how it would be determined whom to hold responsible or harmless. Dan Hochuli explained the leases mutual indemnification clause. • Mayor Harn added that this was the reason an on-site Airport Manager had been included in the Town's budget and that there would be a maintenance 3 ~ _ . . . _ . . . . . . . . „ ; MINUTES OF GOUNCII, STUDY;SESSIOn , ; MARANA TOWN COUNGII. , , _ , , , , _ ' FEBRUARY I999 ' ; , • schedule adhered to in order to keep abreast of any repairs such as runwa Y lights, paving, etc., required. Dan Hochufi continued his presentation by briefly discussing the 5% revenue from the Avra Valley Airport property which includes a$.03 per gallon fuel fee and sales tax on top oT that fee. Mr. Hochuli outlined some of the use of premise lease restrictions such as structure height restrictions, compliance with FAA regulations, and sub-lessee restrictions. Councilman Kai asked about public funding for improvements of the airport property and the Town's liability for expansions or improvements. Dan Hochuli explained that Marana would be responsible for the expansion of the public portion of the airport. He stated that most of the ADOT and FAA grant fundings cover 90% to 96% of the costs and the Town would be responsible for the remaining costs. He also added that if funding was not available then the Town was not obligated to make the improvements. Vice Mayor Sutton agreed with Councilman Kai's point and asked if the Town received the full value of the wholQ project after making the required contribution percentage. Dan Hochuli answered that was correct and there would be no shared equity. He sited an example of the Town making a$100,000 • expenditure toward improvements to raise the value of the airport by $1 million. Dick Gear briefly discussed the fact that Pima County had applied for grants to handle fire suppression up to the boundary of the airport and that Cella Barr Associates, Inc. was conduct~ng a study for the county to be completed in June 1999. Mr. Gear pointed out that within the boundary of the airport to service the hangars and infrastructure would be the responsibility of the lessee of the ground. Councilman Ed Honea requested information regarding a suitable water delivery system and if this system would be part of the municipal water system or operate on its own. Brad DeSpain, Marana Municipal Water Director, stated that when the water delivery system was annexed into the Town of Marana and within our Town limits it would become part of our certificated area. Mr. DeSpain added that Cella Barr was looking into all of the alternative water sources and that the water system would possibly interconnect at the appropriate time. Dan Hochuli continued the Study Session with comments stressing the importance of the business relationship between the Town of Marana and the master lessee. Mr. Hochuli stated that it will be mutually beneficial to work hard to settle any disagreements that arise. Councilman Herb Kai asked about the provisions for utilities to the airport property and if this was included in the budget. Dick Gear stated that it was not and that the budget presented was operational only. Dan Hochuli stated that • this expense may be covered by grant funding but that some are the capital expenditures necessary for this project in the next few years. Mr. Hochuli stressed that the Town was not adopting the lease but merely telling Pima 4 , . . , : _ MIN;U~'ES OF CbUNGII., STUDX; SES;SION ` 112ARPin;A TOWN CO;I~JNCIL ~ , , , ; , ; , , ;FEBRUARY 2, I999 ' ~ County that the lease was satisfactory to Marana with the revisions which he read into the record. He concluded by stating that he was pleased with the lease and recommended the Council adopt the lease. Mayor Harn asked the Abrams Family if they would like to address the Council at this time. Gary Abrams, Vice President of Pima Aviation and President of Tucson Aero Service Center, addressed the Mayor and Council and thanked them for the opportunity to work with Marana as a partner on this project. Mr. Abrams also commended the Marana Police Department and Town staff for a positive outlook and attitude toward the community. Vice Mayor Bobby Sutton asked about the pace the Abrams family was planning to take now that Marana was involved as a partner. Mr. Abrams stated that they were prepared to be very aggressive and at the same time allow the Town to decide if a project was within the Town's means, etc. Mayor Harn asked if there were additional questions of Mr. Abrams. There were none. VI. ADJOURNMENT A motion was made by Bobby Sutton, s~conded by Ed Honea, to adjourn. The • motion passed 6/0. Time: 6:58 P.M. CERTIFICATION I hereby certify that the foregoing minutes are the true and correct minutes of the Marana Town Council held on February 2,1999. I further certify that a quorum was present. //w~-------- . - ~ i-~ / " % ~ , ' ~~-~r-~,~ ' ~ ~ SAND ~;-GROSECLOSE, TOWN CLERK ~ % , ; ~ 5 , ~ ; ' 1VTINVTES OF R:EGUL.AR COUNCII.IV.~ETING ; ; ' NIi~RANA TO~V~t..COUAtCII. ; ; > . - ! . FEBRIIARI' 2, ;;1999 ; ; ' ~ PLACE AND DATE Marana Town Hall, February 2,1999 I. CALL TO ORDER By Mayor Ora Harn at 7:12 P.M. II. PLEDGE OF ALLEGIANCE Led by Mayor Ora Harn III. INVOCATION Led by Captain Paul Ruehl, Salvation Army Marana Outpost IV. ROLL CALL COUNCIL Ora Harn Mayor Present Bobby Sutton, Jr. Vice Mayor Present Ed Honea Council Member Present Herb Kai Council Member Present Sherry Millner Council Member Present Michael Reuwsaat Council Member Excused Roxanne Ziegler Council Member Present • STAFF Michael Hein Town Manager Dan Hochuli Town Attorney Sandy Groseclose Town Clerk Jocelyn Entz Exec. Asst. to Town Manager Roy Cuaron Finance Director Dan Groseclose CDBG Administrator Dave Atler Public Works Director Brad DeSpain Utilities Director Jane Johnson Human Resources Director Dick Gear Community & Economic Services Administrator Jerry Flannery Development Services Administrator Dave Smith Chief of Police V. APPROVAL OF AGENDA A motion was made by Ed Honea, seconded by Bobby Sutton, to approve the agenda. The motion carried 610. VI. ACCEPTANCE OF MINUTES A motion was made by Ed Honea, seconded by Bobby Sutton, to accept the • minutes of Regular Council Meeting, January 19, 1999. Motion carried 6/0. 1 ~ , : < : ~INUTES OF REGULA~R ~OUN~~L MEETING . ; ; MARANA TOT~N COUAICIL ' : ! ' FE~3RL~~1~Y 2, <:1999. > ? ' ! • VII. CALL TO THE PUBLIC/ANNOUNCEMENTS 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, the speaker's comments may not be considered, discussed, or even answered by the Council at this meeting, but may, at the discretion of the Town, be placed on a future agenda for discussion/action. Jaclc Neubeck, President of the Board of Directors of the Marana Chamber of Commerce, introduced Jackie Pesina who has been contracted by the Chamber for the Founders' Day festivities. Ms. Pesina gave a brief overview of the preparations and progress for the event including announcing the Grand Marshall, Bill Melton, who is the third baseman for the Chicago White Sox. The theme for this year is Twins & Pairs. Chief Dave Smith, Marana Police Department, introduced five new employees • to his department. They were Officers Jose Alvarez, Heather Batz, Calvin Ingram, Frank Moreno and Stacy Hejdak. Sandra Groseclose, Town Clerk, reminded everyone that primary elections will be March 9'h and polling locations are at Continental Ranch and Marana Town Hall. Ms. Groseclose stated that registered voter households within the Town limits had been mailed Vote By Mail applications and she encouraged all citizens that have received these applications to complete and mail in to avoid the lines at the polling places. Ms. Groseclose concluded by stating that general voting information was located in the lobby of the Town Hall. VIII. STAFF REPORTS Mayor Harn inquired if there were any questions concerning the Staff Reports. There were none. IX. GENERAL ORDER OF BUSINESS A. Consent Agenda 1. Resolution No. 99-16 - Approval of a Travel and Training Policy for Town employees, elected officials and appointed members of boards, commissions and committees (Roy Cuaron) 2. Resolution No. 99-15 - Appointment to the Town of Marana Business • Advisory Committes. (Roy Cuaron) 2 : ; , ; MINIITES OF ~GULAR COUNC~L, M~ETTNG _ ' ~ ; . , : „ : ; ; . . ! Mr~R~NA TOVtz~I COU~ICIL ? ' , ; , < : ` FEBRIIARY 2, I999 ' • 3. Resolution No. 99-18 - Approving the settiement of two condemnation lawsuits for right-of-way for the extension of Horizon Hills Road: Marana v. Del Oro Center Company (Case No. 304929) and Marana v. Executive Title Agency, Inc. (Case No. 304018) (Dan Hochuli) A motion was made by Ed Honea, seconded by Bobby Sutton, to approve the Consent Agenda. Motion carried unanimously 6/0. B. Pima Countv's Request for Federal Section 5311 Rural Public Assistance Funds - Marana Service Area; opportunity for public comment. (Mike Hein) Mike Hein introduced Phillipe Sanchez, Public Transit Administrator for Pima County Department of Transportation, who gave a brief update on the transportation services provided by Pima County to rural areas such as Avra Valley, Rillito and Marana. Mayor Harn commented that the Picture Rocks Chamber of Commerce and Community Center had contacted her in hopes of receiving assistance with their transportation needs. Mr. Sanchez explained that this yea~'s grant application begins the funding process to get transportation service into the Picture Rocks area. • Councilman Ed Honea suggested that a route be created to transport senior citizens to the new Senior Annex at the Marana Park. Mayor Harn replied that a 1662 application for a dedicated vehicle was in process. A motion was made by Sherry Millner, seconded by Ed Honea, to approve. Motion carried. 6/0 C. Greater Tucson Economic Council (GTEC) - Presentation of award to the Marana Town Council, update of Project Facilitation in Marana and request for funding. (Mike Hein) Mike Hein introduced Robert Gonzales, Executive Director of the Greater Tucson Economic Council (GTEC), to the Mayor and Council. Mr. Gonzales thanked the Council for their ongoing support of GTEC and presented a Gold Key Member award to the Council and Mayor. Mayor Harn accepted the award and thanked Mr. Gonzales for his leadership at GTEC. D. Resolution No. 99-13; Avra Vallev Airport - Approval of a Lease between Pima County and Pima Aviation, Inc. for leased property on Avra Valley Airport, which may ultimately be acquired by the Town of Marana. Mike Hein stated that the Avra Valley Airport property would receive a better • chance for future development under the sponsorship of the Town of Marana than with Pima County. Councilman Ed Honea predicted that 1999 would be a banner year for the Town with the acquisition of bank protection 3 ' IY~INUT~~S OF R~GUL~~2 COUIVCIi., MEETING S ; ' ' MAREiNA TOT~N GOUNCIL < ; : FEBRIIA~Y 2,;;1999 . • and the airport facility both of which will be paramount for the future of this community. Mayor Harn thanked the Town staff for their diligent work on this project and stated that she was proud to be a member of the Council that moved the airport project into reality for Marana. Gary Abrams, Pima Aviation, Inc., stated that he was excited about the future with Marana and was glad that his long wait for progress on this project was nearing an end. Dan Hochuli wanted to clarify for the record that the resolution up for vote was for the lease as discussed during the study session including changes to the lease. A motion was made to approve by Ed Honea, seconded by Herb Kai. The motion carried 6/0. E. Resolution No. 99-14 - Entering into a Pre-annexation and Development Agreement with Union Pacific Railroad. Dan Hochuli briefly explained the resolution to the Mayor and Council. Mike Hein stated that the zoning changes requested by Union Pacific are compatible with the land use and a good exchange for the ability to round off the Town boundaries. A motion was made to approve the resolution by Bobby Sutton, seconded • by Ed Honea. Motion carried 610. F. Ordinance No. 99.03: I-10/Cortaro Revised Annexation - Consideration and approval of an annexation comprising the I-10 and Union Pacific rights-of-way between the town boundary near Ina Road and approximately 400 feet south of the Cortaro Farms roadway underpass. This annexation consists of approximately 101 acres in a portion of section 26, 35 and 36, township 12 south, range 12 east, Gila and Salt River Meridian, Pima County, AZ. (Dick Gear) A motion was made to approve by Bobby Sutton, seconded by Ed Honea. Motion carried unanimously 6/0. G. Resolution No. 99-12 - Request for a variance to Title 21, Flood Plain and Erosion Hazard Management Code, by Raymond E. Bomesberger 8~ Cynthia Bomesberger (property owners) and Bob and Linda Darby (applicants). Mayor and Council sitting as Fioodplain Management Board. (Dave Atler) Motion to approve by Ed Honea, seconded by Herb Kai. Motion carried 6/0. • ~ I ; MINTTTES OF REGULA:~2 ~QZTNG~i, NIEETING ! - : < MARANA TOWN COU~CIL ; FEBRITA~Y 2, :1999 _ _ • H. Authorization to Hire a Community Programs and Events Manager (Jane Johnson) _ Mike Hein stated that the Town of Marana would better serve its reputation, and have more influence and control of coordination of special events for the community if this position was created. Councilperson Roxanne Ziegler asked what the timeframe was for filling the position. Mike Hein replied that with compliance to the Human Resources Department regulations for job posting, the new staff position should be filled by March. A motion to approve was made by Ed Honea, seconded by Bobby Sutton. The motion carried 6/0. I. Marana Chamber of Commerce Update (Mike Hein) Jack Neubeck, President of the Board of the Marana Chamber of Commerce, related the pertinent updates to the Council. These items included the decision not to merge with the Chamber of Northern Pima County, pursuing cost saving devices for the Marana Chamber of ~ Commerce, beginning the selection process for an Executive Director, appointment of Jim Cosbey from Stockman's Bank as the Treasurer of the Board of Marana Chamber of Commerce, and the possibility of increasing number of Board members from 10 to 11 members. Additionally, Mr. Neubeck said that he was recommending that the Community Programs and Events Manager and Dick Gear, Community & Economic Development Administrator, be non-voting Board members to provide link from the Chamber to the Town. Mayor Harn commended Mr. Neubeck on the Chamber's good work for the Marana community and stated that the Town plans to work for the betterment of the Chamber and the Town of Marana as well. J. State Leqislative Issues - DiscussionlDirection/Action regarding ail pending bills before the legislature. (Mike Hein) Michael Racy, state lobbyist for the Town, gave a brief summary of the State Legislative issues. One area in particular that Mr. Racy spoke about was the current Joint Legislative Budget Request with a recommendation for changes in the funding formula for the distribution of income tax to cities. He pointed out that there are a number of state shared revenue programs that share sales tax, income tax and gas tax with local jurisdictions. Mr. Racy stated that next year's percentage of shared taxes is reported to be 15.8% which is in excess of the initial authorizing initiative of 15%. He added that in ~ an attempt to balance the state budget and recoup revenues, the Joint Legislative Budget Committee may freeze the allocation to municipalities at 15%. Mr. Racy also spoke briefly about the substantial increase of funds the 5 , ; 11~~NITTES O,F REGULAR ~OTJNCTI.. MEETING _ , , _ ; > ; MARANA TOVt~N Gf1UNCII~ , , ' FEBRITARY 2, 1999 ! i: ~ state received from the federal T21 Transportation monies, the Highway Extension Loan Program (HELP); HB-2429 relating to city incorporation and annexation, and a bili introduced relating to municipal water systems. Mayor Harn urged the Council to take the time to study the legislative packets from the League of Arizona Cities 8~ Towns to be familiar with what impacts Marana. K. Mavor and Council's Report Councilperson Sherry Millner reported attending the SAHBA breakfast. There were no other reports. L. Manager's Report No report. IX. FUTURE AGENDA ITEMS Councilperson Sherry Millner proposed a rotation of the Vice Mayor position with six month intervals be put on the next meeting's agenda. ~ X. ADJOURNMENT A motion was made to adjourn by Bobby Sutton, seconded by Ed Honea. The motion passed unanimously. 6/0 CERTIFICATION I hereby certify that the foregoing minutes are the true and correct minutes of the Marana Town Council held on February 02, 1999. I further certify that a quorum was present. ~ SANDRA L. GROSE~LOSE, TOWN CLERK ~ 6 I • STAFF REPORTS INCLUDED IN COUNCIL PACKET ? Attorney ? Police Dept ? Building Dept Planning Dept ~ Court ~ Public Works ~ ? Finance Dept ~ Water ? Fire Dept ? CDBG ~ Personnel Dept ~ Recreation Center h/admin/diane/staff reports ~ / ~i ~ ig a.~,~. r a~a ~a, n s ~ ~ - q ~e ~ ~ ~ ~ ~ ~ ~ ~ PL~ANNI~iG DII2ECTOR'S REPORT ~ g ~ ~ ~ ~ ~ ~ ~ 199 • ~ ~ $ ~ For~~ebruar~v ~16, 8.~ ~ ~ . The Plannina Commission also receives a copy of this report Note: Items that have not experienced activity will not reflect changes from previous reports. If Council Members or Planning Commissioners wisli to discuss any of the items below, or any others not listed, please contact me. Current projects are as fo(lows: ~ 1. Capital Improvement Plan: We held the final project evaluation meeting on January 26, 1999. Those who attended the meetin~ were the Development Services Administrator, Planning Director, Finance Director, Public Works Director, Buildin~ Official, Police Chief, Human Resource Director, Utilities Director, Commission Member David Parker, Ann Meaders, Court Administrator Nancy Reynolds, and Jim Blake. The final project is scheduled to ~o before tlle Council on March 2, 1999, with a study secession before the meeting. 2. Coatinental Ranch (CR): a) The Development Plan for Wal~reens was submitted on ]uly 1~"'. This project will be located on a portion of Parcel 56 in Continental Ranch. This was approved by the P(annin~ Commission on October 28, 1998. Building permits should be issued soon and site preparation has begun. b) The Springs at Continental Ranch (apartments) located on Parcel 2 east of the Frys shopping center was approved by Planning and Zoning Commission on July 29, 1998. Construction has begun. • c) The Development Plan for the Oakwood Homes Sales Center located on Parcel 68 of the Continental Ranch Business Park was approved by the Plannin; and Zonin~ Commission on September 30, 1998. Site preparation is currently taking place. d) A Development Plan for the Giant (gas station) located in the Frys Shoppin; Center at Silverbell and Cortaro was approved by Planning and Zoning on July 29, 1995. e) Staff is revie~ving a Development Plan for a Days Inn Hotel located adjacent to the McDonald's on Cortaro Road. This project is currently in review with Commission consideration pendin~. fl Tl~e Development Plan for tlle Housemart Sales Center located on the west side of I-10 Frontage Road on a portion of Parcel 63 within Continental Ranch was approved by the Plannin~ & Zoning Commission on October 28, 1998. Site preparation is currently takin~ place. g) A resubdivision of Continental Ranch Parcels 36-38 and 40, Phase III is currently being reviewed. This is anticipated to come before the Plannin; Commission on March 31, 1999. h) Staff is reviewin~ a Development and Landscape Plan for a Carl's Jr. restaurant located directly west of the Bur~er Kin~ on Cortaro Road. 3. Dove Mountain: a) Staff is reviewing a final plat from Cottonwood Properties for Canyons Pass at Dove Motmtain. This plat consist of 52 estate lots and is located within the Rueles Canyon area. The preliminary plat was approved by Plannin~ and Zoning Commission on July 29, 1998 and Town Council on August 18, 1998. The final plat was approved by the Town Council on January 5, 1999. b) Staff has received a development and landscape plan for a park facility south of the Villages at Dove Mountain Subdivision. This project was approved on October 16, 1998. c) Staff is currently reviewing a final plat for Heritage Highlands Phase lI at Dove Mountain. • The plat consist of 148 lots and is located approximately 1.5 miles north of Tangerine Road on the west side of Dove Mountain Blvd. This plat ~vas approved by Town Council on January 19, 1999. ~ ~ ~ ~ ~ ~ ~PU~ANNING DI~RE~C~(OR'~S~REPORT ~ ~ ~ ~ , ~ t' 3 ~ y~ x~ ~ ~~~~~~For,Februaiy~16,1998 w ~ ~ ~ ~ . . ~ .F . n . ~<< . ~ T___~~,., .,3. d) Staff has received the Preliminary Plat for The Gallery, Parcel 2 of Dove Mountain. The plat consist of 40 lots within the Gallery Golf Course located ~vest of Dove Canyon Pass Road and North of the Club House. 4. Ina/Thornydale Area: a) The Development Plan for the Home Depot was approved on July 8, 1998. Home Depot opened for business on February 3, L999. b) Discount Tire has processed a Development Plan for property (ocated west of the ABCO shopping center. The approval occurred on October 16, 1998. Construction is nearing completion. c) Staff has processed the Development Plan Review for a Batteries Plus located on the N. W. Corner of Ina and Meredith. The Development Plan was approved administratively on December 17, 1998. d) Osco Drugs has filed a Development Plan with staff for review. They will be moving into the site formerly occupied by Wells Fargo Bank at Ina and Thornyda(e. The floorplan shows a reorientation of the drive-thru and an addition of approximately 6000 square feet. This Conditional Use Permit was approved by Planning and Zoning Commission on August 26, 1998. The Development Plan is currently in review. Other Projects: a) Old Pueblo Septic has submitted a Development Plan for a site on Camino Martin (HI Zone) to establish a business in which the usage is dewatering of sludges generated by: (1) Car wash sand traps and (2) Food processin~ grease traps. This is currently bein~ reviewed. b) Staff inet with developer on July 20`h in preliminary discussion regarding the second phase of • Twi~ Peaks on Silverbell Road in the Pima Farm North Specific Plan Area. c) The Development Pian for the Palm Harbor Homes Sales Center, south of the Continental Ranch Business Park was approved on December 8, 1998. d) Fleetwood Homes and Prestige Homes have submitted Development Plans for their sales centers within the Ina/I-l0 subdivision. e) Staff has met to discuss replatting a portion of Tangerine Hills for one acre lots. Plat is forth coming. ~ The Saguaro Springs project will be moving forward ~vith a request to anne~ a portion of adjacent land in the project area. The annexation request will go before Council on February 16, 1999 and the rezone request will go before the Planning and Zoning Commission on February 24, 1999. • , • UPDATED: 2/8/99 MONTHLY ACTIVITY REPORT FEBRUARY 1999 PLANNING DEPARTMENT TOWfV OF MARANA The following is a summary of current Planning Department activity for the month of February 1999: REZONING: PCZ-9904 Anway Homestead, Assessors Parcel # 217-23-013A, a Town initiated rezone on approximately 2.6 acres located at 13831 Trico-Marana Road between Luckett Road and Wentz Road in the NE1/4 of the SW1/4 of Section 19, T11 S, R11 E, from "Technical Park" Anway Farms Specific Plan to Zone "B" (Medium Lot Zone). Planning Commission consideration is anticipated on February 24, 1999. PCZ-9913 Hartman Lane North of Cortaro Farms Road, Assessor's Parcel # 221-06- 0320, rezone approximately 80 acres consisting of the SE1/4 of the SE1/4 of Section 23 and the NE1/4 of the NE1/4 of Section 26, T12S, R12E from C ~ (Large Lot Zone) to MH (Manufactured Home) and MR-1 (Multi-Family, High Density). Applicant: K-2 Trust c/o Sidney L. Felker, John Kai Jr. And Herbert Kai. Currently in review. CONDITIONAL USE PERMITS: GEiVERAL PLAN/SPECIFIC PLAN AMENDMENTS: GPA-9837 General Plan Amendment-Establishing a Position Statement on Zoning and revising the urbanizing boundary, offering general guidelines and reflecting the position of the Town as it relates to zoning and expanding the urbanizing boundary. Planning Commission recommended approval on May 27, 1998. Town Council continued indefinitely on August 18, 1998. SIGNIFICANT LAND USE CHANGES PRELIMINARY SUBDIVISION PLATS: PRV-9697PP Saguaro Springs - previously Twin Peaks, Tentative Block Plat for Blocks 1 through 21, located between Lambert Ln. and Twin Peaks Rd. in a portion of Section 17 and Section 18, T12S, R12E to create 21 Blocks and enable construction of a golf course., Owner/ Applicant: Best Associates II, L.L.C. ~ Planning Commission consideration is pending re-submittal. PRV-98117PP Parcel 56-57 at Continental Ranch, Blocks A-N, located in the Continental Ranch Specific Plan area at the Southeast corner of Cortaro Road and ~ Silverbell Road in a portion of the NW1/4 of Section 35 and the NE1/4 of Section 34, T12S, R12E, a 14 Block commercial subdivision on 19.1 acres. Owner/Developer: Southwest Value Partners IV. Currently in review. PRV-9901PP The Gallery-Parcel 2, Blocks 1-40, located in the Dove Mountain Specific Plan area , north of Dove Mountain Boulevard in a portion of the NE1/4 of Section 24, T11 S, R12E, a 40 lot residential subdivision on 19.67 acres. Owner/Developer: Palo Verde Partners, L.L.C. Currently in review. PRV-9910PP Continental Ranch Sunflower Phase IV, Lots 458-556, located in the Continental Ranch Specific Plan area , north of Twin Peaks Road in a portion of the NE1/4 of Section 20, T12S, R12E, a 99 lot single family residential home subdivision on 20.90 acres. Owner/Developer: Del Webb Home Construction, Inc. Currently in review. PRV-9919PP Tangerine Hills, Lots 1-44, located in the Tangerine Hills Specific Plan area, south of Tangerine Road in the SW1/4 of the NW1/4 of Section 1, T12S, R12E, a 44 lot single family residential subdivision on 44.52 acres. Owner/Developer: C&C Construction Co., Inc. Currently in review. FINAL SUBDIVISION PLATS: ~ PRV-9831FP La Mirage Estates, Lots 1-507, Rancho Marana Specific Plan area, located on the easterly side of I-10, east of Adonis Mobile Home Subdivision in a portion of the N1/2 of Section 26, T 11S, R11E, a 507 lot single family residential subdivision on 138.27 acres. Applicant: Doerken Properties. Planning Commission consideration is pending. PRV-9835FP Canyon Pass at Dove Mountain (formerly the Canyon at Dove Mountain), Lots 1-48, Dove Mountain Specific Plan area, located approximately 2.5 miles north of Tangerine Road on the east side of Dove Mountain Boulevard in a portion of Sections 18 and 19, T11S, R13E and Sections 13 and 24, T11 S, R12E, a 48 lot single family residential subdivision on 85.7 acres. Owner/Developer: Cottonwood Properties. Town Council approved on Januarv 5, 1999 by Resolution No. 99-04. PRV-9866FP Ina Road Model Home Center, Blocks 1-9, located at the Northwest corner of Ina Road and I-10 in a portion of the Southeast'/4 of Section 36, T12S, R12E, an 8 lot commercial/industrial subdivision on 35.07 acres. Applicant: Ina/I-10 LLC c/o Pepper-Viner Co. Planning Commission recommended approval on December 9, 1998. Town Council approved on January 5, 1999 by Resolution No. 99-02. PRV-9876FP Heritage Highlands II at Dove Mountain, Lots 393-541, Dove Mountain Specific Plan area, located approximately 1.5 miles north of Tangerine Road on the west side of Dove Mountain Boulevard in a portion of Sections 24 and • 25, T11S, R12E, a 149 lot single family detached home subdivision on 39.48 acres. Owner/Developer: U.S. Home Corp. Approved on January 19, 1999 by Resolution No. 99-07. i PRV-9891 Continental Ranch Parcels 36-38 8~40 Phase III, Lots 209-315, a resubdivision of Continental Ranch Parcels 36-38 & 40 Phase III, lots 209- 289, located on the east side of Coachline Boulevard north of Twin Peaks Road in a portion of the S1/2 of Section 16 and the N1/2 of Section 21, T12S, R12E, Applicant: Del Webb's Coventry Homes of Tucson, a 107 lot subdivision on 33.75 acres. Currently in review. DEVELOPMENT PLAN REVIEWS: DPR-9735 New West Drywall, 6808 N. Camino Martin, a 2,570 sq. ft. office and 1,188 sq.ft. warehouse on 1.6 acres. Currently in administrative review- second submittal. DPR-9832 CellularOne Tucson MTSO, located at SEC of Price Club Drive and Southern Pacific Railroad on a portion of Lot 2 of the Price Club Center in SE1/4 of Section 6, T 13S, R13E, Owner: CellularOne. A 15,000 sq. ft. mobile telephone switching office (MTSO) and 150' lattice communication tower on 3 acres. Approved administrativelv on January 25, 1999. DPR-9855 Days Inn Hotei, located at the southeast corner of Hospitality Road and ~ Cracker Barrel Road on a portion of Lot 12 of Pepper Tree Ranch Business Park in the Continental Ranch Specific Plan area, Owner: Cortaro Lodging, ~ LLC, Developer: League Development, Inc., a 59 room 3 story hotel containing 32,000 sq.ft on 1.19 acres. Planning Commission consideration is pending. DPR-9889 Osco Drug at Ina/Thornydale Roads, located at the SE corner of the intersection of Ina and Thornydale Roads, a part of Lot 1, Thornydale Plaza in a portion of the NW1/4 of Section 5 and the NE1/4 of Section 6, T13S, R13E, Owner/Developer: Park West Development Co., a 13,509 sq.ft. retail drug store on 1.46 acres. Currently in review. -98102 NAC Construction, 8359 W. Tangerine Road in a portion of Section 5, T 12S, R12E , Owner/Developer: NAC Construction, a site plan for a 1,792 sq.ft. office and associated construction yard on 1 acre. Currently in review. DPR-98104 Old Pueblo Septic and Drain Service, -6955 N. Camino Martin in a portion of the NW1/4 of Section 6, T13S, R13E, Owner/Developer: Old Pueblo Septic and Drain Service, 18,375 sq.ft of office/warehouse space on 1.76 acres. Currently in review. DPR-98106 Fleetwood Home Center, located at the northwest corner of I-10 frontage road and Starcommerce Way in a portion of Section 36, T12S, R12E, Owner/Developer: Fleetwood Retail Corp., a manufactured home sales facility on 4 acres. Currently in review. • DPR-98110 Braswell Building Addition, located on Lots 43 and 44 of Peppertree Ranch Business Park on Business Park Drive in a portion of Section 35, T12S, R12E, Owner/Developer: J. David & Collen Braswell, a 13,900 sq.ft addition to a manufacturing operation on 2.18 acres. Currently in review.. . DPR-98114 Hunter Contracting Office and Construction Yard, located on the east side of Camino Martin between Jeremy Place and the Canada Del Oro Wash in a portion of Section 6, T13S, R13E, Owner: Verve Properties Limited Partnership, a 2160 sq.ft. office and 4836 sq.ft. shop building on 2.11 acres. Currently in review. DPR-98116 Prestige Homes, located on Block 3 of Ina/I-10 Blocks 1-8 on Starcommerce Way in a portion of Section 36, T12S, R12E, Owner/Developer: Prestige Homes, a manufactured hme sales facility on 2.61 acres. Currently in review. DPR-98119 Carl's Jr Restaurant in Continental Ranch, located on Cortaro Road, west of Burger King on Continental Ranch Parcel 65 in a portion of the S1/2 of Section 26, T12S, R12E, Owner/Developer: Carl Karcher Enterprises, Inc., a 7,400 sq.ft. restaurant on approximately 1 acre. Currently in review. DPR-9907 JB's Timber Lodge Restaurant Conversion, 3800 W. Ina Road, located at the northwest corner of Ina Road and Thornydale on a portion of Lot 2 Embassy Plaza, Applicant: JB's Restaurant, Inc., a development plan amendment to convert the existing restaurant to a family steakhouse, including front extension and complete interior/exterior remodel, • approximately 5,183 sq.ft on .22 acre pad. Currently in review. DPR-9908 Dental Office, Dr. Kirk D. Mosley, D.D.S., 13455 N. Lon Adams Road, Owner: Kirk D. Mosely, a site plan for a 2,408 sq.ft. dental office on 3.09 acres. Currently in review. DPR-9912 Medical Disposal Facility, 6890 N. Camino Martin, Assessor's Parcel # 101-05-014C1, located on the east side of Camino Martin in a portion of the NW1/4 of Section 6, T13S, R13E, a 6,232 sq. ft. office and warehouse for medical waste processing on 4.28 acres. Owner: Aegis of Arizona. , Currently in review. DPR-9914 Ina Del Oro Office Building, located at the Northeast corner of Meredith Boulevard and Ina Road in a portion of the SW1/4 of Section 32, T12S, R13E, a two story, 23,348 sq.ft., office building on 1.52 acres. Owner: Meredith Place L.L.C. Currently in review. DPR-9916 Quality Inn, Continental Ranch Business Park Lot 4, located in the Continental Ranch Specific Plan area at the NE corner of Crackerbarrel Dr and Hospitality Road on a portion of Lot 4, Continental Ranch Business Park in the West'/2 of Section 26, T 12S, R12E, a 61 room hotel in a sq. ft. building on 1.46 acres. Owner/Developer: Parras LLC. Currently in review. DPR-9918 Costco Wholesale Modification to Development Plan, 3901 W. Costco ~ Drive, located on the west side of Thornydale Road at Costco Drive in the SE1/4 of the SE1/4 of Section 6, T13S, R13E, a 16,000 sq.ft. addition to the south side of the building to add and remodel services, Owner: Costco Wholesale. Currently in review. ~ NATIVE PLANT PERMITS: NPP-98118 Parcel 56-57 at Continental Ranch, Southeast corner of Cortaro Road and Silverbell Road. Currently in review. VARIANCES: DEVELOPMENT CODE TEXT AMENDMENTS: PCM-9676 Title 5 Zoning Amendments, a comprehensive amendment ofi Title 5 and other Development Code provisions is being developed by staff. LANDSCAPE PLANS: ~ PCM-9771 Redeemer Lutheran Church Landscape review, currently in review. PCM-9801 Quail Crossing Landscape Plans, North side of Moore Rd., Currently in review. PCM-9805 Ramada Inn, Lot 4, Continental Ranch Business Park Landscape Plans, Currently in review. • PCM-9812 7200 N. Ulene Place, Chiropractor's Office Landscape Plans, Currently in review. PCM98-14 Gallery Maintenance Facility Landscape Plan, currently in review. PCM-9824 Home Depot Center Landscape Plan, currently in review. PCM-9826 The Springs at Continental Ranch Landscape Plan, currently in review. PCM-9827 CellularOne MTSO Landscape Plan, approved December 15, 1998. PCM-9829 Silvermoon Landscape Plan, currently in review. PCM-9834 Continental Ranch Parcels 36-38 & 40 Entry Monumentation and Landscape Plan, currently in review. LPR-9838 Continental Ranch Sunflower Modified Entry Landscape Design, currently in review. LPR-9839 Continental Ranch Sunflower Landscape Modifications to Entry: Silverbell and Twin Peaks, currently in review. ~ LPR-9840 Continental Ranch Sunflower Landscape Modifications- Twin Peaks Road, currently in review. LPR-9843 Dove Mountain Park Landscape Plan, currently in review • LPR-9845 Twin Peaks subdivision Landscape Plan, currently in review. LPR-9849 Oakwood Homes Sales Center Landscape Plan, currently in review. LPR-9853 Batteries Plus Landscape Plan, approved on January 20, 1999. LPR-9854 Granite Creations Landscape Plan, currently in review. LPR-9856- Days Inn Hotel Landscape Plan, currently in review LPR-9860 Dove Mountain Information Center Landscape Plan, currently in review. LPR-9861 Super 8 Motel Landscape Plan, currently in review. LPR-9865 Walgreens at Continental Ranch Landscape Plan, currently in review. LPR-9869 Dove Mountain Park Landscape Plan, currently in review. LPR-9872 Del Webb's Sunflower Entryways, approved on January 20, 1999. LPR-9874 Housemart Sales Center, Continental Ranch Parcel 68 Landscape Plan, • currently in review. LPR-9878 Cortaro Ranch Perimeter Landscaping and Entry Design, currently in review. LPR-9881 Palm Harbor Homes Sales Office Landscape Plan, approved December 16, 1998. LPR-9888 Granite Construction Company Tangerine Road Aggregate Plant Landscape Plan, currently in review. LPR-9893 Osco Drugs Landscape Plan, currently in review. LPR-9897 Midget Raceway- Continental Ranch Landscape Plan, currently in review. LPR-9898 The Canyon at Dove Mountain Entry Road, Guardhouse & Gates Landscape Plan, currently in review. LPR-98105 Old Pueblo Septic and Drain Service Landscape Plan, currently in review. LPR-98111 Braswell Building Addition Landscape Plan, currently in review. ~ LPR-98113 NAC Construction Landscape Plan, currently in review. LPR-98115 Hunter Contracting Office and Construction Yard Landscape Plan, currently in review. . LPR-98120 Carl's Jr. Restaurant in Continental Ranch Landscape Plan, currently in review LPR-98121 Dove Mountain Boulevard Phase 2 Landscape Plan, currently in review. LPR-9902 Fleetwood Home Center Landscape Plan, currently in review. LPR-9909 Dental Office, Dr. Kirk Mosely Landscape Plan, currently in review. LPR-9912 Medical Disposal Facility Landscape Plan, currently in review. LPR-9915 Ina Del Oro Office Building Landscape Plan, currently in review. LPR-9917 Quality Inn, Continental Ranch Business Park Lot 4 Landscape Plan, currently in review. MISCELLANEOUS: • ~ 1 a+ , • TOW~T OF MARANA , MUNICIPAL WATER SYSTEM DEPAR'I'MENT REPORT For: January 1999 THINK ABOUT WATER - AN'D WHEN XOU DO - THINK ABOUT CONSERVING IT ~ u~~ 4k"~, ~ . ~ ~ Date: February 8, 1999 _ • MEMORANDUM TOWN OF MARANA _ --~1\~ MARANA • TOWN OF MARANA TO: Mayor Harn Town Council Mike Hein, Town Manager FROM: VVater Department Staff SUBJECT: January 1999 Department Report Update ~ DATE:_ February 8, 1999 , , CUSTOMER INFORMATION 1059 Number of Customers Billed in January -6 Number of Disconnects in January 9 Number of New Connects in January 3 Number of New Services with Meter Installation 8,243,300 Total Gallons Sold in January 9.34 Acre feet pumped (non-trust wells) Picture Rocks, Happy Acres, Palo Verde 28.74 Acre feet wholesale water purchased (trust wells) Marana, La Puerta, Oshrin, Falstaff, Honea, and Cortaro Ranch (325,851 gallons = acre foot) CONS'I'12UC'I'ION P120JEC'I'S 1. Design Sta~e A. Park Well pressure pump manifold design and piping of well to storage. Also interconnect to pressure tank. Project on hold. B. Autocad/GIS Mapping. Equipment and training needs were evaluated. Computer and • Autocad LT.97 Software purchased. Training has started. Have obtained costs for engineering consultants to help us with mapping. 1 ~ ~ ~ 2. In Pro ~ress A. Bid for $327,470 awarded to Reid Contractors Inc. for upgrade of the Picture Rocks System fill line from well to storage. This will allow us to totally pressurize the existing system. As of February 1, the contractor is one-third of the way through the work. B. Change out meters on White Avenue and Whitney Lane in Honea System to automated read. Work has started. C. Cortaro Ranch - Two wells installed. Each equipped with 1000-gpm pumps. A 150,000-gallon storage tank and 5000-gallon booster tank also installed. Also included is a booster plant. The main line has been completed and tested with two interconnects to our Oshrin Park System. Model homes being built; eight meters installed. System being reviewed for acceptance and P.C.D.E.Q. approval to put in service. D. Automated meter reader interrogator being used by field personnel. The information is then downloaded into Badger Connect Software that is interfaced with Data West billing. E. Discussion with Marana Unified School District for joint 200,000-gallon storage, pressure, and fire pump interconnection to park 8" extension to senior recreation center. An IGA has been drafted. 3. Completed ~ Interconnect from Lon Adams 8" main line by post office to new senior recreation center. Joint project between Public Works and Water Department. ~ WATER COMPANIES IN DISCUSSION OR NEGOTIATIONS l. Tucson Water 2. Tortolita Well Co-op 3. Lyn Lee Water Cornpany OTI~ER 1. Have been tagged twice with graffiti at 28.2 Sandario well site. 2. A lot of interest and discussion for water service in the Cortaro Farms Road/Hartman Lane area as well as the Pima Farms Road area south of Continental Ranch; LaMirage; S.V.P. at Barnett and Lon Adams, and the Rancho Marana area. ~ J 2 . • JAl~TUARY 19991l~ONTHL~ STA~F REPO~ZT , ~e ~ ~ ~ ~ ~ ; . . ; £ 3 ~ _ • _ ~ ~ _ P~SEN'I'ED BY: El~GINEERING STREETS _ 7 ~ ~v ~ ~ , ~~,~~~~r,~,~~~ ~~o,~ 6.15% ~ € r- . ~ ~ m~~ ~ ~ 'i< t~y p3 ~ . ~r ~ € ` ~x. ~ ` 4 :p,..'.'.;~ ~ - • I ~ '4 ~ 3~l u Sn'a ~T ~ ~ ~ ~ ~ I . ~ ~ ~~h~ ~ ~ ~ \ ~ ~l'! ~ ' - ~ ^ ~ ~ _ . ~ ~ ~ ~ ~ n _ I ~~~::i ~ MEMORANDUM • DATE: February 16, 1999 • TO: David M. Atler, P.E. ~ ~ 6.15°/ FROM: John Siath, P.E., P.L.S. ~ ~ : RE: Collins/Pina Consulting Engineers, Inc. ~ Status Report to Town of Marana The following list of major activities and projects are assignments that Collins/Pina have been requested to provide professional services as of January 31, 1999. On call support services (daily tasks) for the plannin~, building, engineering, public works administration and legal departments are not included. 1. Tortolita Mountain Properties Specific Plan • Heritage Hi~hland Development - grading permit issued for Phase I Improvements - providing construction surveillance services for pove Mountain (formerly Red Hawk Boulevard) ~ - providing construction surveillance services for: - Phase 1 collector roads (Lots 216-272) - Phase 1 drainage improvements (Lots 1-392) - Phase 1 paving/drainage improvements (Lots 216-272) - Golf Course Club House - project close out initiated - Engineer of Record documents in review - Golf Course Maintenance Yard - project close out initiated - Engineer of Record documents in revie~v - initiated project close out for Quail Crossing Phase I - Engineer of Record documents in review - Heritage Highlands Phase I streetscape improvements ~ - Engineer of Record documents in revie~v 2. Dove Mountain Boulevard 175+09 to 194+90 (3592.435) - providing construction surveillance (3592.4351) ~ Status Report Memo ~ February 1.6, 1999, Pa~e 2 3. RedHawk Boulevard Extension (3592.163) - providing construction surveillance services (3592.1630) 4. Town of Marana Water Projects (Brad DeSpain Utilities Director Town of Marana Project Mana~er) - Collins/Pina providing design services on assigned ~vater projects 5. Continental Ranch (CR) Development - services provided as required by Town staff - providing construction surveillance Parcel 11 - providing construction surveillance Parcel 51 - Release of Assurances Parcel 9(3592.7) - Engineer of Record documents in review - "Links" Golf Course Club House (3592263) ~ - project close out initiated - Engineer of Record documents in review - "Links" Golf Course Maintenance Buildin~ (3592.264) - project close out initiated - Engineer of Record documents in review - CR Parcel 4 (3592.129) - release of performance guarantees documents in review - CR Parcels 36-40 (PRV 97-48fp) (3592.~58) - Phase 3 revised Improvement Plan review process ongoina - CR Parcels 36-40 (PRV 97-48pp) (3592.332) - providing construction surveillance • - CR Parcel 41S (PRV 97-58) (3592.412) - providing construction surveillance (3592.4121) , Status Report Memo ~ February 16, 1999, Page 3 - CR Sunflower, Phase 3 (3592.449) - review of Improvement Plans on~oing - providing construction surveillance (3592.4491) . - CR Parcel 5 (PRV 97-63) (3592.41) - review of Final Plat ongoing 6. Self Storage Units (6.48 acres) Camino Martin (DPR 96-02) - Improvement Plan review process on hold 7. Cortaro Rancll 100 Acre Development NE Corner I-10 (Cortaro Road) (3592.65) - providing construction surveillance (3592.652) 8. Continental Ranch Parcel 1(Fry's) - project close out initiated - Engineer of Record documents in review • - off site improvements not yet completed by Fry's 9. Bluffs at Red Hawk Block 1& 2 PRV 96-56 (3592.127) - project close out initiated for Phase 1 - Engineer of Record documents in review - providin~ construction surveillance for Phase 2(3592.1271) 10. Dove Mountain (formerly RedHawk) Golf Course (3592.162) - providing construction surveillance services (3592.1621) 1 l. Saguaro Springs (formerly Twin Peaks) Block Plat PRV 96-97 (3592.169) - Preliminary Plat review process on hold - Improvement Plan process on hold 12. Cracker Barrel (DPR 96-104) Lot 1 of Continental Ranch Business Park Lots 1-8, Blocks A thru C (3592.174) - project close out initiated • ~ - Engineer of Record documents in review , Status Report Memo ~ February 16, 1999, Page 4 13. Foti Fuels Lot 6 of Continental Ranch Business Park Lots 1-8, Blocks A thru C(3592.139) - project close out initiated - Engineer of Record docu?nents in review 14. Coventry Active Adult Community PRV (96-105) (3592.175) - providing construction surveillance services - project close out initiated - Engineer of Record documents in review 15. La Mirage Estates PRV 97-08 Engr. #(K262/3 97PP01-SV) (3592.256) - Einal Plat review process ongoing 16. Twin Peaks by Continental Ranch (formerly Hilands) PRV 97-17 Engr. #(G20.1/2 97PP-SV) (3592.277) - project close out initiated - Engineer of Record documents in review ~ 17. Coachline Boulevard Improvement Plans Phase I(3592.273) - project close out initiated - Engineer of Record documents in review 18. Utility Easement & Drainage Way Abando~unent Peppertree Ranch Business Park (PCM 97-49) (3592.336) - review process initiated on 8/6/97 - assisting staff in review process - project on hold 19. Continental Ranch Business Park, Lot 1-8 • Super 8 Motel (formerly)Days Inn hotel (3592.410), Lot 5 - providing construction surveillance (3592.4100) • Ramada Inn DPR 97-100 (3592.465), Lot 4 - Development Plan review process (on hold). - Improvement Plan review process (on hold). ~ - Landscape Plan review process (on hold). , Status Report Memo ~ February 16, 1999, Page 5 20. Redeemer Lutheran Church DPR 97-70 (3592.416) - project closeout initiated - Engineer of Record documents in review 2 L Gallery Golf Course Maintenance Facility No. 9613 (3592.443) - providing construction surveillance services (3592.4431) 22. Granite Creations Warehouse DPR 97-99 (Lot 36 Peppertree Business Park) 3592.459 - Development Plan process completed - Improvement Plan review process completed 23. A-Atlas Self Storage DPR 97-97 (3592.456) - providing construction surveillance services 24. Silverbell Hills Estates (3592.461) ~ - project close out initiated - Engineer of Record documents in review 25. Automation Plating Plant, DPR 97-90, Pepper Tree Ranch Business Park Lots 33 & 34 (3592.451) - project close out process initiated 26. Woods Development DPR 97-87 (3592.448) - approval of Development Plan pendin~ revie~v fees 27. Target Commercial Center Devefopment (3592.464) - construction surveillance (3592.4641) - Regency Plaza Street Improvement Plans in review 28. Springs at Continental Ranch (Parcel 2) (3592.473) - Improvement Plan review process on~oin~ - issued Type 2 Grading Permit . 29. Discount Tire Store (3592.481) - providing construction surveillance (3592.4811) . Status Report Memo February 16, 1999, Page 6 ~ 30. Gallery Golf Course Resort Club House & Restaurant (3592.483) - providing construction surveillance (3592.4831) 31. Silvermoon Subdivision (3592.466) - providing construction surveillance (3592.4661) 32. Home Depot Development (3592.491) - providing construction surveillance (3592.4911) 33. Quail Crossii~g, Phase 2(Lots 35-71, 114-125, 132-147) (3592.488) - providing construction surveillance (3592.4831) 34. Villages at Dove Mountain, Phase 2(Lots 114-234) (3592.496) - providing construction surveillance, Lots 114-181 (3592.4961) - water plan review process ongoing • 35. Dove Mountain Information Center (3592.501) - Providing construction surveillance (3592.50t 1) 36. CELLULARONE - Tucson MTSO (3592.499) - providing construction surveillance (3592.4991) 37. Ruelas Canyon (3592.257) - Providing construction surveillance (3592.2571). 38. Coachline Boulevard, Phase 2(3592.460) - Improvement Plan review process completed 39. Murray Victor Office Conversion (3592.487) - Improvement Plan review process (on hold) 40. The Canyon at Dove Mountain, Lots 1-48 (3592.505) - providing construction surveillance (3592.5051) 41. Dove Mountain Reclaimed Water EYtension, Phase 2(3592.504) ~ - Improvement Plan review process ongoing _ Status Report Memo February 16, 1999, Pa~e 7 ~ 42. Los Morteros Estates (3592.70) - Release of Assurances review initiated - Engineer of Record documents in review 43. Linda Vista Abandonment (3592.507) - documents submitted for review 44. Heritabe Highlands Tortolita Road Water Extension (3592.506) - Water Plan review process initiated 45. Granite Construction Company (3592.510) - Development Plan process ongoing - reviewing Grading Plan submittal 46. CR Parcel 17, Dedication of Drainage Way (3592.514) ~ - reviewing documents submitted 47. Giant at Continental Ranch Parcel 1(3592.476) - Landscape Plan review process ongoing 48. Twin Peaks Road Landscape Modifications (3592.511) - Landscape Plan review process completed 49. Entry at Silverbell Road/ Twin Peaks Road (3592.512) - Landscape Plan review process completed 50. Sunflower Entry Landscape Modifications (3592.513) - Landscape Plan review process completed 51. Batteries Plus Retail Outlet (3592.516) - Development Plan review process ongoing - Improvement Plan review process ongoing ~ 52. Oakwood Homes (3592.519) - Development Plan review process ongoing - Improvement Plan review process ongoing , Status Report Memo February 16, 1999, Page 8 ~ 53. Days Inn (3592.521) - Development Plan review process ongoin~ - Improvement Plan review process ongoina 54. Ted Walker Neighborhood Park (3592.520) - Development Plan review process completed - Improvement Plan review process completed 55. BKW Properties Easements for Parcels 5, 6& 7(3592.523) - documents submitted for review 56. Dove Mountain Recreation Facilities (3592.543) - Development Plan review process completed - [mprovement Plan review process completed • 57. Walgreens at Continental Ranch (3592.544) - Devefopment Plan review process completed - Improvement Plan review process ongoing 58. [na/.[-10, Blocks 1-9 (3592.529) - Block Plat review process completed 59. Linda Vista Traffic Interchange (3592.545) - providing engineering staff support services as requested 60. Housemart Sales Center, CR Parcel 68 (3592.548) - Improvement Plan revie~v process ongoing 61. Heritage Higlilands, Phase II (3592.555) -providing construction surveillance (3592.5551) 62. Continental Ranch Parcels 36-38 & 40, Phase III Lot Expansion (3592.558) ~ - Improvement Plan review process ongoing 63. Palm Harbor Homes (3592.602) -providing construction surveillance (3592.6021) , Status Report Memo February 16, 1999, Pa~e 9 ~ 64. Santa Cruz River Bank Protection (3592.605) - Improvement Plan review process ongoing 65. Fleetwood Development, Lot 6, Ina/I-10 DPR 98-106 (3592.627) - Devefopment Plan review process ongoing 66. North Point Spa (3592.600) -providing construction surveillance (3592.6001) 67. Osco Drug (3592.615) - Development Plan review process ongoing 68. Old Pueblo Septic and Drain Service (3592.618) - Development Plan review process ongoing 69. Continental Ranch Parcels 56 & 57 Block Plat (3592.647) • - Preliminary Plat review process ongoing 70. Twin Peaks Median Cut (3592.622) - pfan review process ongoin~ 7l. Carl's Jr. at Continental Ranch (3592.643) - Development Plan review process ongoing 72. Hartman Lane/Cortaro Farms Road Rezone (3592.625) - rezone process initiated 73. Tan~erine Hills Lots 1-44 (3592.649) - Preliminary Plat review process ongoing 74. Gallery 1 Subdivision (3592.632) - Preliminary Plat review process ongoing 75. JB's Restaurant Conversion (3592.671) ~ - Development Plan review process ongoing 76. Sunflower, Phase IV (3592.673) - Preliminary Plat review process ongoing . Status Report Memo February 16, 1999, Page 10 ~ 77. Mosfey's Dental Office (3592.668) - Development Plan review process ongoing • ~ r r-.' ~ MA_ t ~ MEMORANDUM ~~NOfMA9ANA TOWN OF MARANA PUBLIC WORKS DEPARTMENT TO: Dave Atler, P.E. ~ a • FROM: Derek Fancon Q I ( g 6.i5~Y ~ ~ ` ~ ~ k; . DATE: February 16, 1998 ~ RE: January Engineering Division 1998 Status Report The following represents highlights of what the Engineering Division accomplished in the month of January 1999. ~ Building Permits • 119 Building permits processed. • 4 Building permits on hold. • 1 Building permit denied. Cortaro Realianment Proiect • Directed Cella Barr to send the utility plans to Brad DeSpain for review. • Attended comment resolution meeting on January 25. Cortaro Road DCR • Prepared letter for Town Engineer's signature regarding Native Plant Permit's applicability to Scope of Work. • Sent Memorandum to Joel Shapiro regarding copies of relevant development plans. • Attended Steering Committee Meeting on January 19. Darbv Floodplain Variance • Received appeal letter from Ms. Darby. • Prepared draft Hold Harmless agreement for Engineers review and comment. Forwarded draft Hold Harmless agreement to Town Attorney for review and comment. • Completed "Flood Hazard Worksheet." • Drafted conditions for temporary approval of building permit and forwarded to Town Engineer for approval. • Completed Elevation Certificate for issuance with Floodplain Use Permit. . • Received "Contract for Sale of Real Estate." Pulled ownership record from County Assessor's Office. • Received copy of "Deed" - not recorded. • Received recorded information for "Deed." • Received appeal letter from Ms. Bomesberger. • Had Hold Harmless approved by Mr. and Mrs. Bomesberger and Town Engineer. • Had Mr. and Mrs. Bomesberger sign Temporary Building Permit Conditions. • Drafted Bluesheet for review by Town Engineer. • Drafted resolution for review by Town Engineer. • Drafted Floodplain use permit. • Received copy of Insurance binder. Floodplain Management • Processed 18 Flood Hazard information requests. • Issued 2 Floodplain Use Permits. • Received letter of approval from Arroyo Engineering regarding Tucson Water Well Y-004A in Floodplain. • Drafted letter to Tucson Water notifying of Arroyo Engineering recommendations. • Prepared and mailed letter to five individuals delinquent in their return of Elevation Certificates to the Town of Marana. • Prepared Hold Harmless agreement for Ca1Mat permit and forwarded it to Town Engineer for review. . Licensin Agreements • Requested and received Exhibit "C" from Cottonwood Properties for pove Mountain Sign Program Addendum. • Provided copy of original Dove Mountain Sign Program Addendum to Town Engineer for signature. ~ Submitted original Dove Mountain Sign Program Addendum to Town Clerk for recordation. • Forwarded Sunflower Licensing Agreement to Sunflower for execution. • Received executed Sunflower Licensing Agreement from Sunflower. ~ For~varded Sunflower Licensing Agreement to Town Engineer for eYecution. • Submitted Sunflower Licensing Agreement to Town Clerk for recordation. • Drafted Sunflower Licensing Agreement Addendum. Lon Adams Pavement Failure ~ Met with Dr. Rudy Jimenez on January 5 to discuss core results. • Obtained cores from WTI. • Met with Dr. Rudy Jimenez on January 14 to examine cores. • Met with Dr. Rudy Jimenez and Stephanie Bond on January 20 to discuss Lon Adams pavement failures. • Miscellaneous Meetings Attended by Staff • Attended Information Task Force meeting on January 5. • Met with representatives from Del Webb's Coventry Homes and representatives of the building department on January 5, to discuss HCS connections in the right-of-way. • Attended Southern Arizona Government Safety Association meeting on January 7. . • Met with Joseph Smith of Level 3 on January 26 regarding fiber optic line installation in the Town. Met with Mr. Lewis Johnson on January 28 regarding the placement of directional sign in public right- of-way. • Attended Budget meeting on January 29. • Attended FCDAC meeting on January 20. • Attended TIP subcommittee meeting January 26. Miscellaneous • Sent memo to administration asking approval to purchase signs for old alignment of Tangerine Road. • Submitted Bluesheet regarding naming of old alignment of Tangerine Road to Town Engineer for review. • Reviewed CIP workbook for accuracy. • Prepared Bluesheet and Resolution for No Access Easement relocation for Lot 115 of Parcel 51 Continental Ranch. • Prepared Evacuation Plan for Marana Municipal Court building. Orange Grove Underpass • Monitored bank protection on a weekly basis for potential failure. Price Lane Project Staked fence line of Lorraine Price property for fence removal. • Mailed letter and copy of Temporary Construction Easement to Gloria Allen. • Received verbal approval from Paul Price to use area of cul-de-sac for staging area. • Southwest Gas began gas line replacement on Tuesday, January 12. • Notified by Southwest Gas notified the Town that $5,000 will be charged for the replacement and relocation of the SoLrthwest Gas main. • Hand delivered schedule notices to residents with Allan. • Revised letter of schedule update and tree removal. • Drafted Change Order for time extension due to SW Gas late completion date. • Requested price quote for installation of valves (2) and fire hydrant. • Drafted change order regarding installation of Hydrant & Valve and submitted to Town Engineer and Water Department Director for review. • Met with Town Staff at Price Lane regarding personal property locations. • Met with Hunter Contracting, Southwest Gas and Town Staff at Price Lane on January 22. • Attended Staff ineeting on January 28 regarding communication on Price Lane project. Silverbell Median • Reviewed 90% plans. • Right-of-Way • 17 Right-of-Way permits issued. • 3 Right-of-Way permits closed out. • 24 violation letters for work in the Right-of-Way sent. ~ , Sandario Road Improvement Project Contacted James Evanoff of Pattison-Evanoff Engineering to design structural pavement section. • Received proposal from Pattison-Evanoff to design structural pavement section. • Faxed comments back to Pattison-Evanoff on January 22. • Met with Paul Porrell of DMJM on January 20 to discuss right-of-way plans. Thornydale Road (Horizon Hills to Ina Road) • Attended final Thornydale walkthrough on January 6. ~ Received signal and preemption timing for Ina/Thornydale intersection from R.A. Alcala'. ~ Met with Pete Petrotta of Signal Electronics on January 18 regarding the signal and preemption timing for Ina/Thornydale. Traffic Signal Integration • Reviewed and approved Signal Electronics proposal to install conduit and cable and upgrade software in preparation of TrafFic Signal Integration. • Attended meeting with PAG on January 11 to discuss integration funding. • Met with Pete Petrotta of Signal Electronics and Kevin Madden of Northwest fire on January 26 to discuss preemption. • • ~ ,_r-':'~~~ MARANA ~ ,,v~/ ? ~ 1VIEMO~tANDUM ~OWNOiMARANA TOWN OF MARANA PUBLIC WORKS DEPARTM~NT TO: David M. Atler, P.E., Public Works Director/Town Engineer FROM: Dennis Dolan Public Works Supervisor ' ~ ¦ ~I F DATE: February 16, 1999 ~ ~ ~ , - , ~j = B ~ ~ RE: Staff Report for January 1999 ~ OPERATIONS AND MAINTENANCE DIVISION Staff trenched for a new water line and electrical line at the Marana Public Works Yard Metal Building project. Staff helped install the new water line. After completio? staff back filled both the water trencll and the electrical trench. Landscape work was completed at the Sandario Road/Marana Road Intersection. Staff planted shrubs, placed boulders and river rock to adorn the entry monument. Staff repaired a 24 foot sidewalk on Ina Road. The Marana Community Correctional Treatment Facility (MCCTF) Workforce accomplished miscellaneous landscape maintenance to various areas within the Town limits. Staff and the MCCTF Workforce performed e;ctensive cleanup at the Orange Grove Road Interchan~e. Staff removed graffiti from the traffic signal box at the intersection of Horizon Hills Drive and Thornydale Road, from the pump station on Sanders Road, from the well site at the-intersection of Grier Road and Sandario Road, and from various traffic signs through out the Town limits. Staff use~ the water truck on Hartman Lane to reduce dust. Staff removed stumps on Price Lane in preparation for the new roadway, a water truck was used to reduce the dust during the clearing and grubbing work. Staff assisted in the clean up of a hydraulic oil spill located at the I-10 underpass on the west side of Ina Road through to the Union Pacific Railroad tracks. Staff used sand to absorb the oil and Diggins & Sons Power Sweeping, Inc. was contracted to sweep the roadway. Staff worked approYimately 2 hours to clean up the spill. Staff cleaned up a lime spill at the intersection of Orange Grove Road and Thornydale Road. Staff assisted in the . clean up of a traffic accident at the intersection of Sanders Road and Silverbell Road. ~ Inspections of street and right of way conditions were preformed at Price Lane, Continental Ranch Parcel 9, Quail Crossings, Heritage Highlands, Continental Ranch Parcel 4, and Twin Peaks Subdivision. Page 1 of2 E:\Deana\Street Staff Reports\Ststaffrpt0199.doc Staff removed sod at the new sidewalk area that leads from the Town Hall building out to the monument at the ~ intersection of Lon Adams Road and Barnett Road. Staff framed and poured a drainage way for the new sidewalk. Staff completed work at the new Marana Courts building on Sanders Road. Staff installed new ceiling panels, handi-cap railing, moved files, shelving and boYes, and installed a new dead bolt on the holding cell. Staff removed vegetation and debris then hauled it to the dump from the following areas: l. E1 Camino de Manana 4. Price Lane 2. Ina Road/I-10 Interchange 5. Public Works Yard 3. Orange Grove Road/I-10 Interchange 6. Wentz Road Roadway patching was performed at: 1. Thornydale Road/Horizon Hills Road Staff cut and removed brush from: 1. Ina Road/I-10 Interchange 3. Price Lane 2. Orange Grove Road/I-10 Interchange 4. T1lornydale Road Within the month of January, the following roadway intersections ~vere swept: 1. Marana Court parking lot 3. Silverbell Road 2. Sandario Road ~ Within the month of January, the following roadways were crack sealed: 1. Moore Road 3. T~vin Peaks Road from Sandario Road to CAP 2. Sandario Road bridge Within the month of January the following signs were installed: 1. Adonis Road -(2) chevrons 17. Orange Grove Road/Thornydale Road -(14) nine 2. Avra Valley Road -(20) chevrons ball signs 3. Avra Valley Road - 55 m.p.h. speed limit si~n 18. Regency Plaza Street - bull nose sign 4. Avra Valley Road - no passing sign 19. Sanders Road - 35 m.p.h. speed limit si~n Barnett Road - Town Hall directional sign 20. Sanders Road - 50 m.p.h. speed limit sign 6. Barnett Road/Sandario Road - stop sign 21. Santa Cruz River - 35 m.p.h. speed limit sign 7. Camino Martin - street sign 22. Silverbell Road -(2) Adopt -A-Higllway signs 8. Coachline Boulevard - stop sign 23. Silverbell Road -(3) 50 m.p.h. speed limit sign 9. Corsco del Salto - bull nose sign 24. Silverbell Road - U turn sign 10. Cortaro Road - Adopt -A- Highway sign 25. Silverbell Road/Cortaro Road - bull nose sign 11. Cortaro Road - Town Limit sign 26. Silverbell Road/Cortaro Road - no U turn sign 12. Grier Road -(8) chevrons 27. Silverbell Road/Silvermoon Way - b~ill nose sign 13. Grier Road - 35 m.p.h. speed limit sign 28. Twin Peaks Road -(16) chevrons 14. Maple Ridge - stop sign 29. Twin Peaks Road - barricades 15. Moore Road - street sign 30. Twin Peaks Road/Sidewinder Lane - curve sign 16. Moore Road/Sandario Road - stop sign 31. Whitney Lane - street sign • Page 2 of 2 E:ADeana\Street Staff Reports\Ststaffrpt0199.doc . ~ I~tARANA v'/?\ MEMORANDUM TOWNOiMARANA TOWN OF MARANA PUBLIC WORKS DEPARTMENT TO: David M. Atler, P.E., Public Works Director/Town Engineer FROM: Diahn L. Swartz, E.I.T. =z <~,~a~ ~ DATE: February 16, 1999 ~ = ~ ~ d~~~~ ~ ~ _ _ ~ , . ~ _ . ~ RE: Transit Staff Report for January 1999 < Summary Report January 1998 - January 1999 ~ The Town of Marana first began providing transit service on January 12, 1998. The route serves Continental Ranch, Ina Road, Foothills Mall and the Northwest Hospital. SiY trips are provided every weekday. The Town of Marana is the first and only jurisdiction to provide transit service to Northwest Hospital. A total rides 1077 rides were provided from January 12, 1998 through January 31, 1999. Most trips are initiated in Continental Ranch. Most trips begin mid-morning or mid-afternoon. The chart below illustrates raw ridership numbers. Marana Public Transit Ridership 150 = ~ ~ ~ ~ ~~a $~~~a., .a 3~ ~°~~a ~~.~r~~~'~3"~~«~~1~ ¢ ~G~~' ~a~~'~~ Y ~ ~ ~ ~ R N ~ f~ 3 T ~r `E5~ 4 ~P ~ ~ ~ ~ ~ ~ O O ~a~ ~ ~3-~ i ~ ~ ~ 3 ~ ~ ~ ~ ~ ~ ~,o..~ ~ w ~ . ~ ~ 'r~ ~ ~y a~ ~ ~ . ~ ~ ' ~ ~ ~ ~ ' ~ ~ ~ ~5 ~ .a ~s~~~ r w ~ ~ . ~ ~ t ; ~ . ,i ~'~R`.~ ~ ~ k ~ i ~ X ~i ~ a 50~ ~ ~ ~ ~ N~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ O ~ v ~ ~ ' ~ Y~A _ ~~~d~ ~ ~ ~ ~ ~y~ ~ ~ ~ Z ~ tiy ~f r~ ° ~ O ~ ~ .a~~ ~ ~ ~ ~ GJP'~ Month ~ Ridership data should be normalized, however, to reflect the number of service days per month. July, for ~ eYample, has 23 service days to November's 20 service days. Ridership numbers can be "normalized" by dividing the number of rides by the number of service days. Upon doing so, it is noted that ridership increases even through November. December's relatively low ridership (113) may be attributed to the holidays. Holidays notwithstanding, ridership on the Marana Public Transit is still increasing. January's ridership is an all-time high. Marana Public Transit Normalized Riderhip 7. '~~c~ ~ ~r'~ ~ ~ ~ c~z ~ r ~ ~ c~ ~ ~,~y ~ m-`~~~'"T~~ "'`.y3 ~ ` ~ I'e r ~ ~ ~ fl" v ~ ~ ` ~tf r 3 ~ ~ a.~ y, ~ a~ ~ ~ . r~~ ~-~.~a.~~a„~`§' : ~ ia . c y C ~ ~ V. i a~. 'ST +r~' ya . y ~ ~a "'cy ,A~ ~ . ~ ~ ~ ~ ~ ,~~?~~'~„_'i~ ~k wc~~~. s„, _ ~ ys c V ~ ~ ~ ~ ~ ' -~g~ ~ ~ ~ y ~~~~~i$ ~ ~ , .~~~"~a~.~~' 'a~u ~ ~ ~ ` ~.c*~a~`ks'~'s a~' < ~ 5. 00 ~ r P ~ ~ ~ , v~ N , " ,'y,~°~,~ § ~,N~~"~k~. ~ ~ '~a ~ - n~` , M ~ ' a. c.i ~ ~ `2'~ 1 3~ , ~ ~ ' i ~ ~ S~§ ` ~ 3 i f N 4. 00 ~ ~ ~ ~ ~ ~ ~ , ~ ~ ? Q~ S 3~ ~1 w~` ' 4 il ~ _ ~''-~a~`'~~.+~3~ ~ ~ wzz ~e ~e~ ~ r~ ~ i.a n ~ ~ ~ 3 ~"2 ~ -z~. ~ ~ : ~ x. h . ~ at 3.00 ~ ~ ~ ' ~~y ~ ~ ; L hL- H3~Y~ ~ '1 E ~ ~ W - O `Y d ~ ~ '3£ V ^ N 2 -P~ ~ u 'h.~a '~,55 Ky3 x ~ G.oo ~,r?~' ~ t~'f ~ ~ .k. ~'~Y pdi~ • ~ ~ 3 ~ r ~ ~a 5 t . L 3 ~ ' rr 1 {d j~ R I ~i 3 L L ~ t1 _ ~ ~ ~ . R ~ ~ li~"'i L ~ . ~Q / ~ ~ 7r ° + ~ ~ ~ L ~ r~L'^ ~ ~ 1 ~ 5 ~ w ~ ~ ~ ~ ty ~ ~ ~ ! x: ~ ~ ~:,t 'i"~ ~ ~ ~ ~ >3' ~.OQ i i~ i i i~ i~ i ~ i ~i~ i i~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 6~ ~ ~ ~ ~ m O~ ~ 6~ ~ ~ ~ ~ i i ~ ~ i i i ~ ~ C ~ L ~ C ] m Q ~ U C ~ ~y ~ Q m ~ ~ ~ ~ ~ Z ~ ~ ~ Q ~ Month IVlost trips are initiated in Continental Ranch. Mid-morning and mid-afternoon are favored for making trips. The most popular locations for picking up passengers is shown in the chart below. (Table discards January 1998 data.) All other stops represent less than 2% of total stops. Favored Bus Stop Locations February 1998-January 1999 Marana Public Transit Percent Bus Stop Location No. of Rides of Total CR Community Center 338 32 Foothills Mall 227 21 • Quik-mart 181 17 Orange Grove & La Cholla (NW Hosp) 104 10 Ina & Thornydale 90 8 ~ ~ The Table below ranks the popularity of trips. (Table discards January 1998 data.) , ~ Trip Ranking February 1998-January 1999 lblarana Public Transit Trip No. of Rides Percent of Total 4(2:00 p.m., outbound) 264 25 3(10:00 a.m., inbound) 224 21 1(6:00 a.m., SE bound) 191 18 5(3:00 p.m., inbound) 165 15 2(9:00 a.m., outbound) 146 14 6(6:00 p.m., outbound) 81 8 Cost of Service The Town contracts transit service to American Pony Express. The cost of contracting service from January 12, 1998 through January 1999 is $68,842. Assuming a modest 2% increase in ridership each month, cost of operating Marana Public Transit is eYpected to be $59,000 for Fiscal Year 1998-1999. Increased ridership and reduced operating costs contribute to a Farebox Recovery Rate of 2.6% in January 1999. The Farebox Recovery Ratio calculates the degree to which transit service is paid for by the users of the service. Pima County reports a Farebox Recovery Rate of about 8% for similar routes. Cost per passenger mile has been hovering around $2.00. For January 1999, cost per passenger trip was •$38.69. Cost per vehicle service hour is $29.50, which is the rate at which American Pony Express bills the Town of Marana. The Town was recently allocated state monies (HB 2565 legislation) for provision of transit service. These funds will be used to help defray costs associated with providing transit service within the Town of Marana. Future Developments The Town has approached Pima County to administer the Marana Public Transit contract, which will offer opportunities to Pima County to merge routes and provide better coverage. Pima County receives a small federal grant for providing rural transit, and may be able to apply such funds to the Marana Public Transit route for reduced operating costs. ~ 3 ~ ~ S MARANA MUNICIPAL COURT MONTHLY REPORT JPNTJAR`r 19 9 9 T0: MAYOR AND COUNCIL CITaTION TOTALS: MPD 359 issued this moncn i~TWFD 0 " " PCAC 3 " " DPS 27 " " PRIOR TOTP_L MONTH COVERED FYTD EONDS RECEIVED $11,790.00 $ 2,037.00 $13,827.00 COURT FINES o0,123.%~ 11,173.40 71,297.11 COURT FEES 20,757.39 a,207.66 2~,965.05 ATTY FEES 5,626.9° 1,089.00 6,715.99 • SURCHARGE a0,778.33 7,393.91 a8,172.24 TRI~VSFERS 3,615.20' 330.00 3,945.26 TOTAL INCLUDES BOND FORFEITURES $1^2,691.68 $25,230.97 $168,922.65 LESS SUR\TR.AI~TS -~?6, 233 . O1 8, 223 . 91 5a, 456 . 92 & BONDS EYONERATED TOW1V RETAINED..........$96,a58.c'7 $18,007.06...$'1a,465.73 ~ I Prepared by: / Nancy Reynolds ;J i2~~~('~ ' ~ Cour~ ~dministrator "_'OWN MAGIST~ITE • ~ aRIZO\.-~ ST.aTE.TRE.4SURER 1"00 cst \1 ashin~ton • Phoenix, Arizona 3~00" (60'_1 ~~_-~81_ FA\: (60'_1 ~~S"?-;i ~6 STATE RENIITTANCE REPORT RcPO;.T P~I'.IOD ~l r~ ~C~ Prc~arcd B~ : ~~ncy S. Reynolds D-.T~: I~ Titlc: C'nt~r~ Arlm; n; ~fi~-atnr D~i~OSr ~ OP CoD~. =_6 0 31 ~~no::~ ~o.: ti 2 g?_-~ c~ g ~ ~ Ucposirornamc: Marana Miini n~-31_('niiri- Address: ~~,7 ~ ~ t~I LCA-A~~1~ M 3 T~ n_? ,_3L,7 ~~5 ~ ~ DESCf21PT10\ STATI~TE (-~R~ ~:1?n~'~" DGSCP.IPTIO~' ST:~TI;T~ i,~lcS ~:11U1i\'T F1~~Lc fi FEr¢ (1T11GP. Rf;~'i:~'I°T:C ~cic~crinr ~nd indic~tc :~RC sl Contldcntiai lntcr; und OS-1~::'=-~S~D: i_-2S~.G:AS Ju~•eniie Famii~~ Couns~iin; OS-?63C ~'ic:im'sRi~nL-Juveniic OS-~1S:=1-!91.OS AHCCCS 11-293 JCEF-Ftiin~ Fces 1'_-?S4.03.~~ :?=-3S1C1 :OACl ~ TA~ES JCEF-Time Pa~•ment I=-113G:::-11GB ~(~r ! ~ omestic Vioience 1=-2S4.Q==_':~=-: 1 1.01 L Currem 1'ea: Real P:ooem ~_-_OS ~ru~ nreveZtien Res C~t: i=-?S..CuAi:-1-_~03~ Prio; l'ear Real Prop=rt~• _-_OS ~ Child Abuse 1=-'_S~.G:r'~.?_ i I.01= °;oce^t~'-titir, Sc7ooi T~.~ !>_~~_g i .~r,ti-Racl:e:ee^nc Func i_-el IB::=-'~ i~.01 Si~° in Lieu ~S-_;~ - Dru~ van^ ~~forc= Ac~; ._-SI 1C:i=-~S~= SR° ~9ir, Scnooi Tz~ .>-00~~?. I - , Communin• Punisnmea: Otner in iieu ~ °ro~:,.m Dru_ rines i_-a?!:i'_-?O? CounR~ Education Dist !5-991.01.~ Gam: and risn -\~iid Liie i%-3 U~ Pesonal Propem~ ==-30S I Alternative Dis Rcsol Fund :_-'_SlC_::=-135 Otir: ~4isceAancous ~2-'_'OS ~4ininsFees '_"-ZOSD Statc~l'atr.$tor~e 4Sv71~.Q3.;>-59~.01 Arizona Hi^_nw~a~~ rines 3S->43SG:'_S-'_=:3C Stat: ~~~atcr Bani:in, ;S-3 i 1~.03. -24~: ~1cnide Forieiturc 3S-13S4 C.A.~1~.C.D. 45-371> Cnild P~ssen~e: Restraint 25-907C S7 ~ Ground«~atr Repic~isnmcai 45-3 ~?~.A:. »S-=7;' I VictimsASSistancc 31~11F:: i;66B Re~isvarofComractors 3?-I IOi:! i'=:1166 90°,~ and iQ°o .^.c~•cnuc ~1StF Pcnain :~sscssmcnt 3G-_'_19.01:1_-I1(.U'_F ~~tooife Homc Rcloe~tion ::-1~70.03 90°.0 CJEFPenaln~ASSCSSmcnc -31-'_~301:I=-11G.Olf ~,~1~ 9Q ~1onil~Hom:~lnsd:Cost G=-!~~G.O; 10`;6 ~....cd OCCic.ais Rctirc:nent ~c-80~:!_-=S-.O~:1u Arson Detec:ion R~~ rc "d I G% ~p Dis Report/Latc P~::aii~ »u-~;IG TOTAL .-~110L'1T R~11[TTED: c~;,~~~ 7~ ~I 1 ~ ~ , ~ c- ~S~ ~ , TO-i':~L . t i I ~OTLS: ~ FOI: ST,\T~ TRFA$liRCR USE OXLI' Ccrrain colleccd fim2r vrc rcnurrcd rn oc rcnuttcri rn dic Srnrc• Trcustrrer airc:;lr, iririic orircn arc to be remiRed Io alher etrflti~. Lc, cottrrn• treQStrrer. cttr trcasurer, crc Onh' uSC 7ltiS Tornr !n tenur jun¢r to tLeAri~ona State Treasurer ¢s rcouircd br,;rr-nna rerisen srmures (.~.R.S.;. ror n!f nN~cr ' jun2r ciieci; wirlr rour counn• or crr•. . ` ~ i FORAf TRE 10'.; is ro be irsed ar caui+tics for renrirreri OrCaAdOxvL 17Cmi:,;n,~ nnci rie!Qiic~ ~ i n1 ofntati02 1 I ACCD O COnt' O~^Ihc rcpnrr %or rnur rccnrris. ~ i~~r1~RCV l~/q~~ I I 7 • ~/~/~11~ ~~1 MARAI~A ~r?~ TOWNOF.MARANA INTEROFFICE MEMORANDUM DATE: FEBRUARY 11, 1999 TO: MIKE HEIN, TOWN MANAGER FROM: KEN LAWRENCE, PARKS AND RECREATION DIRECTOR RE: MONTHLY REPORT (JANUARY-FEBRUARY) Status of Ke~Projects and Issues ~~i-om ~ork Plan) 1. Soccer field Lighting Project: This CDBG project is to install sports lighting on ~ the e~sting soccer field in the Town Park. The Finance Director has located a funding source for additional construction costs. In addition, the Notice of Award for tlus pro~ect has been sent to the low bidder and a tentative pro~ect schedule is attached for review. 2. Litt1e League Field(s) Lighting Project: Alternatives on cost estimates have been developed and submitted by MLTSCO Sports lighting for review. Given the level of risks as well as potential for criticism, it is recommended that the Town pursue lighting two fields in turnkey fashion. Due to time sensitivities expressed by Little League, a strategy is being esplored that would also allow the Town to substantially shorten the engineering as well as the bid process. 3. Senior Citizen Wing Annex Project: Project continues to move forward. Foundation work is complete, the new water line has been installed, and masonry work has begun. Colors for the exterior and finishes have been chosen, and efforts to select or acquire interior furnishings should be initiated soon. 4. Personnel Issues: Alternatives are being investigated to provide a backup plan for the program staff at the community center in the event one or more employees are absent due to illness, vacation, training, or attending seminars. Additionally, to improve communications with the Director's office, Cell phones (with restrictions) have been issued to the Recreation Supervisor and Senior Park Laborer. Currently, in order for the my office to contact maintenance personnel, I have to call Public • r' Works 13 miles away and request the Administrative Secretary to relay messages over • the two-way radio to the staff in the park next door. 5. Swimming Pool Condition: The swimming pool is currently being tested for leakage. With the pumps and water supply off, the pool's water level has dropped nearly 18 inches in the last week and a half. It is my hope that once the water level drops to the same level as the lights, then further loss will cease to occur. I believe that most of the water loss is occumng through the lights. I should be able to confirm this by next week and then be able to develop a plan of action on critical repairs. At that time, we may want to consider draining the pool and giving it an acid wash while it is empty. 6. Park Signage: I recendy met with Mrs. Georgia Lacy of GEO Advertising and Marketing Associates to discuss the current signage in the park including several of the concerns and issues surrounding their negative and restrictive nature. I have worked with this firm in the past, and one of the areas that they specialize in is develop marketing strategies for government agencies to better sign their public facilities. I hope to have a proposal to submit to you within the next 30 days. 7. Park Needs Assessment: I recently had several opportunities to tour the park with maintenance personnel to get a better understanding of the current conditions and issues that need to be addressed in addition to those already mentioned. I have attached a copy of my assessment based upon rny initial observations. • 8. Capital Improvements Program: I have developed and submitted several new project sheets in addition to those that have already been submitted by the Public Works Department. There were several major items of concern that I feel need to be addressed, including the acquisition of an appropriate grounds grooming mower, establishment of permanent maintenance equipment storage facility, and more reliable work vehicles for maintenance personnel. Additionally, with the anticipated installation of sports lighting in the park, I would strongly recommend that the Town consider installing a satellite operated lighting control system that would provide for complete operation and prograznmuig control of these systems and eliminate the need to issue keys. We also need to take a serious look at the swimming pool facility in terms of replacing the filter system, expanding the holding vault, performing a cosmetic facelift to the pool deck to eliminate the lip around the overflow and gutter system, as well as upgrading the building to include ADA approved fLxtures. Administrative Activitv 1. Prepared, edited, and completed suggested project sheets for Capital Improvements Program on 12/17/98. 2. Inspected park facilities on 12/18/98. 3. Attended MIS Task force meetings on 12/18/98 and 1/5/99. 4. Attended Senior Citizen ~mg Annex dedicauon on 12/22/98. 5. Inspected and inventoried ParkMaintenance faciliry on 12/29/98. • ~ ~ 6. Met with Don McGann on 12/29 to tour property at Silverbell and Cortero Farms. • 7. Attended meeting at Development Center on 12/30/98 to discuss formulating linear park development standards. 8. Attended Soccer Lights pre-bid meeting on 1/12/99. 9. Reviewed proposed Parks Master Plan. 10. Initiated testing and evaluation processes on the condition of the swimining pool facilities. 11. Developed project file and suggested schedule for soccer field lighting project. 12. Attended regular weekly meetings with Senior Citizen Wing A.nnex Project Architect on 1/5, 1/12, 1/19, 2/2, and 2/9, 1999. 13. Met with representative of Aquatic Environmental System Inc. on 1/20 to discuss and review condition of chlorinating system at swunming pool. 14. Met with Svvimming Pool Engineering Consultant on 1/21 to inspect structural condition of sw'unming pool facility. 15. Attended Founders Day meetings on 1/22 and 2/5, 1999. 16. Attended CIl' Workshop on 1/26/99. 17. Attended Santa Cruz Corridor initial planning meeting on 2/1/99. 18. Met with representatives of GEO Advertising and Marketing Associates on 3/9/99 to discuss park signage issues and needs. Status of Park Maintenance l. I have initiated mandatory weekly meetings with maintenance and program • supervisory personnel in order to improve communications and be able to respond to sensitive repair requests in a more timely fashion. 2. Staff is currently working on landscape improvements, with direction, within the park including planting areas as well as landscape in the parking lot medians to provide more attractive ground cover with color producing plants. 3. Repairs will need to be performed soon on the north restrooms including new fixtures, paint, tile, and power for addressing lighting needs at this location. 4. The use of inmates has helped the manpower situation a great deal to accomplish tasks but there is some level of concern about them being relied upon to perform critical maintenance work schedules this spring and summer including mowi.ng as well as pool maintenance, particularly in the event there is a sudden change in assignments, lockdowns, or inmate releases. 5. A few items we should seriously consider in neYt years operating budget include funding to install more sidewalking to improve ADA access to the softball field, ADA approved drinking fountains, and installing some level of lighting at the playground area as well as north Ramada. 6. Current staff seems to take a great deal of care in approaching their work in the park but at times, seems to lack adequate training on landscape maintenance principles. I need to investigate tra.ining workshops that they might benefit from in the near future. As part of our budget development process for nest year we also need to investigate developing a personnel classification system within park maintenance to establishe a supervisory hierarchy to meet the Towns needs in the future. • 3 r Status of Recreation Pro~ ams • (See attached Report from Recreation Supervisor) cc File Attachments: 1. Review Comments of Tour of Park Facilities 2. Soccer Lights Project Schedule 3. Report from Recreation Supervisor • • 4 1 Park Tour Inspection • 2-8-99 @ 10:30am Present: Ken Lawrence, Charlie Villesquaz Weather: Clear Notes/Observations relating to current facility related problems and issues: ~ ~ ~ ~ _ ; ~ uc ure° : ~ ~ . - ~ : . ~ _ . ~ ~ ti ~ ~ ~e~l ra o ; ~ f ; _e~ ~ - - - - _ ~ ~ 4. Christmas Tree- Need to explore installing a removable aluminum pole, electrical circuit with GFI in a locking, grade surface mounted control boY May be something JEB Electric could do?. ~ 5. Need to explore installing power and lighting to North Ramada-Maybe something Jeb Electric could do? ~ • 6. Need to install lights at playground area 7. Swimming Pool issues; a. Need better lighting for swimming pool-may want to consider above ground pole lighting? b. Need to repair leakage!!!! c. Need to replaster pool d. Need new handrails? e. Need new filter system f. Need new gutter and overflow system Need to renovate bathhouse and replace fixtures h. Need to resurface Kool Deck ~ eed more sidewalks-especially around softball field for ADA access to dugouts- ~~x`,~~,;' ~ eed more ADA Drinking fountains- • Park Tour Inspection.doc ~ ~i'OWN OF IVIARANA iVIEVIORANDUM ~r • IV1~Ai~ANA TOWN OP MARANA PARKS .~ND RECREATION DEPARTVIENT TO: Ken Lawrence ~ FROM: Pauline M. Nunez ` DATE: February 10,1999 ~ - ~ ~ RE: i~Io.y.lthly Report for Ja~luazy Participation Numbers for the After School Program January 1, 1999 - January 31, 1999 Number of Children Registered = 35 Number of Program Days = 19 Nlonthly Total = 409 Daily Average = Wa~g List = p On January 4,1999 the children returned to school and our after school program. Activities for the month included a puzzle contest, homework tutoring, tennis baseball, baked brownies, kickball, field day, tug a war, dizzy bat races, potato sack races, 3legged race, jump the creek, library time, twister, connect four tournament, ultimate Frisbee, field trip to the Biosphere, flag football, snack making and caramelized apples, field day with Estes after school program, Bingo, floor hockey, Tuna boats, experiments in science, game show day with wheel of fortune and family feud. Participation Numbers for the Playroom Program January 1,1999 - January 31,1999 Ages 3/~ Ages 4/~ Number of Children Registered = 10 11 Number of Pro~ram Days = 6 6 Monthly Total = ~3 61 Daily Average = 8 10 Activities for the month included learning how to identify the shape oE a rectangle, and numbers. The color for the month was blue. They sang songs and made humpty dumpty boiled e~gs and nachos for snack. Thev went on a joint field trip to the Tucson Children's IVluseum with the City of Tucson's Kid Kreation group trom Ormbsy Center. 1Vlade picture prints with potatos and pu~~ding, played parach~ite ga~ ~nd plaved on the p1~y~round system in the park. They were also visited my 1_VlcGruff the crime ~ dog~f~d Otticers from the Nl~rana Police Department. The chil~~ren enjoyed lookin~ at t11e patrol c1r an~~ receiving their own bad~e. Senior Program Enrollment is up to twelve for the meal program. The seniors are keeping warm playing cards, crocheting and socializing. They are excited about the building eYpansion and check the progress every week. They ar ~ally pleased that the sidewalk is now in because its easier for those with walkers to get into the c~r. I will be meeting with Sue Smith from Catholic Social Services to look into our new senior recreation assistant taking over the meal program with their volunteer. I will ~lso be scheduling a meeting with the food bank to look into staff picking up the senior brown bags and distributing them here at the center, once construction is done. In March we will be attending the yearly Easter Party ~t El Rio Neighborhood Center and we've also scheduled a picnic and field trip to the Desert Museum flpri116, 1999. Teen Dance On January 22,1999 we held a Winter Teen Dance ~t the Marana Community Center. There were 106 teens in attendance dancing to the music of BlackLight DJ's. Supervision was provided by Marana Parks and Recreation staff, Pima County Parks & Recreation staff, Pima Youth Partnership staff and off duty officers from Marana Police Department. Prizes ~vere given out throughout the evening. Meetings and Training's Attended: January 7 - Staff ineeting with Ken January 8 - Staff ineeting with Rec. staff January 13 - Staff ineeting with Rec. staff Ja~y 1~ - Staff ineeting with Ken January 20 - Steering Committee Meeting Senior Olympics January 21 - Staff ineeting with Ken January 22 - Staff ineeting with Rec. staff January 22 - All staff ineetin~ with Ken both Parks and Recreation Divisions January 22 - Founder's Day Meeting January 28 - Staff ineeting with Ken January 29 - Founder's Day meeting January 29 - Meeting with Sue from Catholic Social Services January 30 and 31 Senior Olympic Opening Ceremony, Fun Walk and 5K La Caminata Events Community Center Rentals Aerobics 12 Order of the Eastern Star 2 Nlasonic Lodge 3 Adonis Home Association 1 Park Rentals Small Ram~da 0 Lar~e Ramada 1 Pa ' n 0 Te . 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Benetits and Compensation: • Job descriptions in review by HR staff. 2. Yersonnel Policv Nlanual: • Draft policies reviewed by and renirned from department heads; distribution to Council expected by March 1. 3. Recruitment and Selection: • Authorized staffing: 139 • Current staffing: 131 • Current openings 8 • Vacant positions available as of 1/31: POS[TION DEPART~IENT STATUS Public Works Ntanager/ Assistant Public Works Applications bein~ accepted Town Engineer Planning Technician Planning Internal promotion, start 2/S; Administrative Secretary vacancy to be filled . ~ Principal Planner Planning Current incumbent fills "acting director" osition Vtaintenance Helper/Custodian Public Works 2 positions available; offers pending (previous maintenance ~vorher position down~raded to maintenance hel er) Sergeant Police Replacement for sergeant assigned to special [ask force; 6 officers qualified to com lete testine 2/10 • New Positions available as of 1/31: POS[T[ON DEPARTi~tE\T ~ STATUS Accountin~ Clerk Finance Internal promotion; start 215; Maintenance Helper vacancy to be filled Recreation Assistant ~ Parks and Recrea[ion ~ Intervie~vs in progress 4. General TraininQ: STATUS DATE CLASS CO~IVIENTS Scheduled: 2/=4/99- Supervisors' Academy 3 supervisors will attend 4/S/99 2/=4/)9 Savin~ for Y'our Chiidren's Colleve Bro~~m baU canceled due to lack ~ of interest Otlter: • • Comin~z Events: Z/li American Cancer Sociery "Climb `A' i~Iountain Walk" 4/99 Employee Event plannin~ by employee committee, chaired bv vlarv S11ort. HR Tech. HR~Smif Reponl J~nuary 99 6. General Statistics: ~ • IVlonthly turn-over (January 1999): # % Voluntary 0 0%, Involuntary 0 0% • Total tum-over (through January 1999) for avera~~e of 133 employees Voluntary 0 0% Involuntary 0 0`% • Number Employees on FNILA as of January 31 0 • Number of COBRA participants as of January 31 6 • Number of Short-Term Disability participants as of January 31 0 • Open Occupational Injuries and Illnesses as of January 31: As of Dept. Open Status Inj uri es/ Illnesses _ 4~' qtr 99 Total Open 8 N/A ' r • ~ ~ TOWN COtTNCIL TOWN MEETING OF NFOI~UTATION i~IA.RANA DATE: Februa 16, 1999 AGENDA ITEM: IX. Consent A. 1 TO: Nlayor and Council FROM: Jane Johnson, Human Resources Director SUBJECT: Authorization to Hire an Information Systems Consultant DISCUSSION: The Town has made great strides in computerizinQ many of the operations and activities ~vithin the various departments. A consultant reviewed our equipment several months ago and indicated that most, if not all, is current and in good shape. He noted that we do not, however, have in place operational, strategic and trainin~ systems and plans. Most crucial and immediate is the need for the To~vn to develop and implement an extensive Year 2000 loss ~ prevention plan. Arizona Municipal Risk Retention Pool (ANIRRP) has identified the Y2K issue as bein~ of such importance that is has allocated funds to each municipality in the pool to provide economic assistance, with no restrictions on ho~v the money is spent. The To~vn's allocation is $17,504. It is the opinion of staff that immediate hirin~ of a consultant to develop and implement a Y2K loss prevention plan is the best use of this fundin~. RECONIMENDATION: Staff respectfully recommends that the Council authorize staff to proceed ~vith the hiring of an Information Systems consultant, with the necessary funding to be taken from the allocation from AiYIRRP. SUGGESTED MOTION: I move that the Town Council authorize the Town Nlana~er to implement the hirin~ process for an Infornzation Systems consultant, to be paid for with funds from ANIRRP. ~ HR/1JIIS Cuns~dtanc 0'_; U9l99 ~ TO WN COUNCIL TO WN MEETING OF INFORMATION MARANA DATE: February 16, 1999 AGENDA [TEM: IX . Consent A. 2 TO: Mavor and Council FROM: David NL Atler, Public Works Director /To~vn En~ineer SUBJECT: Resolution No. 99-19, Renaming of the previous Tangerine Road alignment to "Tangerine Farms Road" and naming the connecting road "Tangerine Lane" DISCUSSION: Construction of the new aliQnment of Tangerine Road created two ne~v road~vays (Erhibit A). The previous Tanaerine Road aliQnment fronts ABarA RV Park; the other is the access road connectina the new ali~nment with tl~e old ali~nment. Staff has worked in conjunction with ABarA RV Park to prepare the name cllanges for the rivo . "ne~v" roadways. The follo~ving names have been approved for use within the To~vn of Marana by Pima County Addressina. The naming of the roadways is necessary to give proper direction to AbarA customers traveling to the RV Park. RECOMNIENDATION: Staff recommends that Councif rename tlle previous Tan~erine Road aliQnment "Tan~erine Farms Road" and the connecting access road "Tan~erine Lane". y SUGGESTED ViOTION: I move that the Council adopt Resolution No. 99-19 renamin~ the previous Tangerine Road alijnment to Tangerine Farms Road and the connectin~ access road TanQerine Lane. • ~wi~fv~~r-io~ioai99 i s PNt . ~ ~ ~ ! ~ i t ~~~,D __~`YF,v , / ~ ~C ~ . ~ ~ , ~ : , . G ~ ~ ~ carxx~t~g road; \ ~ to be rsarned ~ ~ Tangerirx Lane ~ ~ ~ ~ \ , \ , P~ricis Tarx,~erir~e Rcad aiigmerrt; , to te rerar:3ed ` Tangerire Fartrs R~d O~~O !1~j. ~c F ~.'Qo L . ~ ~ ' ~ ~ o j ~ ~ ~ i ~ ~~~,1 7V ~ ;J ~c ~ , I 7~ ~i/~ ``J _ li~~•.%r~l r1\~1!~? ~1~'\~~~ /]~~~'y. I i L : L _ I I /T.1 ~ ¦ i ~ ~ ~l 'c~1y: 'Ry: ; ~ ~ I Yti'"~."~?~ ] \ 1~~E~ f i~ V`7 i 1~.~ _~i~) _tl\) r<<t I ' I ~ V -_irc, p~cnnina ~5-~_nina CecT., Divitirn ~ MARANA RESOLUTION NO. 99-1S A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA, DECLARING THAT CERTAIN DOCU~IENT FILED WITH THE TOWN CLERK AND ENTITLED RENAMING OF THE PREVIOUS TANGERINE ROAD ALIGNMENT TO TANGERINE FARMS ROAD AND THE CONNECTING ROAD TO TANGERINE LANE AS PUBLIC RECORD. NOW, THEREFORE, BE IT RESOLVED by the ~Iayor and Council of the Town of Marana, Arizona, that certain document entitled renaming of the previous Tangerine Road aliQnment to Tangerine Farms Road and the connecting road to Tan~erine Lane, three copies of which are on file in the office of the town clerk, is hereby declared to be a public record, and said copies are ordered to remain on file with the town clerk. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona; this day of , 1999. ~ Nlayor ORA NIAE HARN ATTEST: Sandra L. Groseclose Town Clerk APPROVED AS TO FORM: As To~vn Attorney and not personally ~ Pa~e 1 of 1 ~ TOWN COUNCIL TOWN MEETING OF INFORMATION MARANA DATE: February 16, 1999 AGENDA ITEM: IX . Consent A. 3 TO: Mayor and Council FROM: David M. Atler, P.E., Public Works Director/Town En~ineer SUBJECT: Resolution No. 99-17 - Request by WLB Group to relocate the no access easement for Lot 11~ of Parcel ~1 of Continental Ranch as previously recorded in Book 48 Page ~8-1 D[SCUSS[ON: WLB Group, on behalf of Richmond American, is requesting to revise the no access easement for Lot 115 of Parcel 51 of Continental Ranch. Vehicular traffic is prohibited across a no access easement. The request has been made to modify access to the lot. EYhibit A illustrates the revision to the eYisting plat that is bein~ requested by Resolution No. 99-17. EYhibit A-1 is the ~ legal description for the relocated no access easement. Exhibit A-2 is the legal description for the eYistinQ no access easement to be removed. Staff has reviewed the corrected legal descriptions for the release of the platted no access easement for the referenced lot and find that the application for release meets engineerin~ criteria. The Marana Town Council approved the existin~ plat for Parcel ~ 1(recorded in Book 48 PaQe 58-1) of Continental Ranch, which shows the eYistin~ no access easement. In order for the relocation of the no access easement to be included in the Title Report for that lot, it must be accepted by resolution by the Marana Town Council, and the Town Council's action recorded with the Pima County Recorder's Office. RECONIMENDATION: Staff recommends that the request to relocate the no access easement be approved. SUGGESTED MOTION: I move tllat the Council approve Resolution No. 99-17 relocatin~ the no access easement for Lo[ l l~ Parcel ~ 1 of Continental Ranch as previously recorded in Book 4S Pa,e ~8- l. ~ PW/DMA/DLS 2-~-99 • MARANA RESOLUTION NO. 99-17 A RESOL:UTION OF THE MAYOR AND COUNCIL OF THE TOWN OF NIARANA, ARIZONA, RELOCATING THE NO ACCESS EASEMENT FOR LOT 115 OF PARCEL 51 OF CONTINENTAL RANCH. WHEREAS, Richmond American, has requested a new no access easement for Lot 115 of Parcel ~ 1 of Continental Ranch, as depicted in Exhibit A and more fully described in the legal description, Exhibit A-1, attached hereto and incorporated herein by this reference; and WHEREAS, Richmond American, has requested the release of an existing no access easement for Lot 11 ~ of Parcel 51 of Continental Ranch, as depicted in E~chibit A-2 and recorded in Book 43 Page ~8-1, and more fully described in EYhibit A-2, attached hereto and incorporated herein by this reference; and WHEREAS, Marana Resolution No. 96-~6, passed and adopted June 18, 1996, provides far • acceptance of the Final Plat far Parcel 51, includin~ the eYisting no access easement for Lot 11 NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of iVlarana, Arizona, as follows: 1. The Town accept the new no access easement for Lot 11 ~ of Parcel 51 of Continental Ranch, as described in EYhibit A-1, more fully depicted in the map attached hereto as EYhibit A. 2. The Town release the no access easement for Lot 11 ~ of Parcel ~ 1 of Continental Ranch, as described in Exhibit A-2, more fully depicted in the map attached hereto as E~chibit A. 'I • PaQe 1 of 2 • PASSED AND ADOPTED by the Mayor and Council of the To~vn of Nlarana, Arizona, this 16`~' day of February, 1998. ATTEST: Mayor ORA MAE HAR1~1 Sandra L. Groseclose Town Clerk APPROVED AS TO FORM: . Daniel J. Hochuli • As Town Attorne_y and not personally • Paae 2 ot~ 2 - . ~~~l.~~~ ,i`'~ . • L i .9 ~ PAR~EL ~1 LO'~I' 1 lb ' ~ ~ ' ~ N~ ~ PllBLlC f~ ACi~SS ~ ~ 1 Pi9~1.lC ~1Ct~S~ EAS~3VlE3UT ' E~S~111i E~T To ~e Rele~,s~d ~ ; Q~~ ~ -st~,~ % ~'f? i"' ~ j ~d~,, ~Q L~L ~l ; P~L~ 51 ` ~~(3'~' 125 ~ , ~ i,~ ~ l~ ; ~ ~ _ ~ ~ , , j ; ; ` Q ; i ~ i , ~ ~ i~ ; , , ~ ' 5 ~ , i ~,fl~' ~ ~4 ~ ; ; ; , . ~ ; Q ~ ~ ' ~ ~ ' ~r~ ~1~' ~ ti~'vV./ S \'e , Y , ~fl'~'113 LflT~~~~ C~i~~~~ ~,2n~ ~A~~~~ - ~~~=~~4 D~:b~~PS.~ I'L~~TSP.~L~~3 Pll~~--~ CD~~tyTY; _-~RIZD~y ~ ~ . _ ~ ~.~z 1:~,`'() I 1 0 3~ 7) F~: i - ~ s~.. ~ ,~c_; ~iS~ ~!~r:r.ir~ ~~r;irc C~i.. G;S Civiscn ' EXHIBIT A-1 November 12, 1 ~~8 ~NLB ~1 ~ ~ 047~: '~04-10COX W:IDOUGIFROJECT~II~;Q41LOT1 i~L1AR,~.,(~A~ti~d e PGge 1 or 1 B roup Continental Rancf~ Parc~? 51 Ne~nr N.A.E on Lot 11~ A 1 foct s~rip of I~nd being a pcrtion cr Lct 11:, or PARC~L 51 CONTINENTAL RANCi-j, LOT~ '1 i NRU 148, COMMON ARE,4 "A", beina a subdivision cf por~icns cr the SW 1/4 cf S~;ion 27 and par or Se:,-tion 34, Townsnio i 2 Souih, Range 12 Eas, G. & S. R. M., Fim~ Caunty, A,nzon2. in Bcok 48 of Maps and Fl~is at Page ~8, described as `cilows = 6EGiNNING ~t the Common c~mer or Lot 115 and Lot 114, of said PARCcL 51 CONTINENTAL RANCH on the Southwesterly line of Via At~scadero; THENCE N 49°52'04" W, along the Southwestem fine cr said a dis~nc~ of Via Atasc~dero, 115.79 feet; THE~ICc S 40°00'GO" W, 1 foot; TH~NCc S 49°52'04" E, 115.79 fe~±, to the Souttteaster~y line or s2id lot 115; T]~'E~ICc N 40°00'00" E, alcng the said Scuthe~s;e~iy line, 1 foat to ~e FOI~I i pF • TC~~,~1)NUS. Fr~~~red by: THE WL5 GKOUP, INC. , ~ ° ~c, 'O r~ ~ o 0 ~ ~ 17dr'9 . Gougl~s c. Sc,~ne;der, P,LS GCUGL~S E ~~,;-;NEC~.R - ~ ~i~~z~q8, , 9 r ~Z~NA.~S ` • - ~ EXHIEIT A-2 October i 6. 1 ~98 ~>>1LB ~191047A-GG4-1000X ~ ~V:IGOUG\PROJECT~11910s711ot i 15nae.~Npd ~B . Page 1 or 1 ~~~p C 'n n i onti e ta Ranch Parcel 51 portion of NAE on Lot 11~ to be released A portion or Lot 115 oT FARCcL 51 CONT(NE~ITAL RANCH, LOTS 1 THRU 148, COlL1r~lON AR~A "A", being a subdivisicn or porions or the S~iV 1/4 oT S2Cion 27 Gnd part of Section 3^, To~vnship 12 South, P.ange 12 Eas~, G. & S. P.. N1., Pima Cour~y, Arizona. in Eook ~3 0~ Nla~s and Plats at Page 53, descrioed as follcws: ~ COMh1E~~1CiNG at the Common corner or Lot 115 and Lot 113, on the Southeasterly line of Via La H~bra, a poini on the arc of a cur~e concave to the Northeast, a radial line of s2id curve through said point having a bearing oT S 65'27'12"E; THE~JCc Northe~sterly alorg the arc of said curve, to the ric~i, h~ving ~ radius of 300 fe~t, and a c~ntral angle of 05°32'19" 1or an arc dis~ance or 29.00 ~e~i, to the FOINT OF BEGINNING; THETJC~ continue NoRhe~sterly alcnc the ~rc or said cu~~e, io the rignt, having ~ r~dius Oi^ ;~Q~ i@°T, cf1Cj c C: ~ltfai angle oT OS'~~~Jr I~~ i0~ cfl c(C GilSici iC:. or 28.G0 i2°t, iG 2 f1Cfl-icfiQ2!it ~ ~If]°; y THENCE S 54°34'02" E along a radi~l line, a dis~anc~ or 1.00 fe~~, to ~ poirt o~ CUN2tUf2 Oi ~ nOfl- icfiG°Iii CUN@ C01iC.~V2 to 11IOfi}"iEc^Si2riy; TNcNCE Sout"tivesterly along the arc or s2id curve, to the le;~, na~iing a radius of 29°.GG r°~?, ~rd a c;.ntral ancle of G5°20'51" ror ~n arc cistarce oi 2i.~ i fe°:. to a to a nen-,araent line; v i H~yCE N 59°5~''S3" ~N, ~ dist~nc~ or 1.00 fe~: to the POINT CF 6~GIN~lING. PrepGred by: THE ~NLB GROUP IyC. ~ ~ / , / i`^.Li~ = ~ t r.' /.:C ~I ~ t J ~ _ ~ r ~ y^., ~ ~i+ `~i ^~,~~~^'/_y ~ ~I1v Dougl~s E. Sc~neider, RLS yC^;~~~~:-J-.= i; ~C • i;~-;; . \ 'iG~ - , i: ; : ~ ~ ; • I . • TOWN COUNCIL TO~VN VIEETING OF LVFORMATION MARANA DATE: February 16, 1999 AGENDA ITEM: IX . Consent A. 4 TO: Nlayor and Council FROM: Roy Cuaron, Finance Director SUBJECT: Approval of Fiscal 1999-2000 Budget Schedule DISCUSSION: Staff recently sent Mayor and Council a memorandum outlinin~ the bud~et process and tentative schedule for adoptinQ the fisca] 1999-2000 bud~et. A copy of the memorandum is attached to this correspondence. To review, staff has tentatively scheduled the followin~ dates for which Council will be asked to meet and approve certain parameters of the budQet. Further, the schedule has been prepared to comply with Council direction to adopt the budget by June 30`h. • Action Item Tentative 1Vleetina Date Revenue Estimates March 23 Fixed Costs Estimates/Dept. Allocations March 30 Review Budget Requests April 27, May 11 Adoption of Tentative Bud~et June 1 Adoption of Final Bud~et y June 15 Staff will be present at the meeting to answer any questions Council may have. RECOMV1Ei~1DATION: Staff recommends Mayor and Council approve the fiscal 1999-2000 budaet schedule as identified above. y SUGGESTED vIOTION: None. • FINANCE/RC/OZ/1 l/99/10:19 ANI . - ~ • • ~ ' ~ I~,~RA1~lA TOWN OF MARANA MEMORANDUM TO: Mayor and Council COPY TO: Mike Hein FROM: Roy Cuaron DATE: February 1, 1999 SUBJECT: Proposed Schedule for Adoption of FY 99-00 Buclget Staff has scheduled the subject matter for Mayor and Council consideration on February 16, 1999. This memorandum is being sent to Council well in advance of the mee[ing to allow you ample opportunity to review the proposed schedule. ~ Mayor and Council are a~ain being asked to be very involved during the initial stages of the budaet process. To that end, the schedule below identifies the dates that Council will be asked to meet and approve certain parameters of the fiscal budget. You may recall that the first step in the new budget process requires Council approval of total revenues and available resources. Approval of total available resources is necessary prior to establishing spending limits. Havin~ established and approved total available resources, Council will then be asked to approve fixed costs and departmental allocations. Fixed costs are those expenses for which the Town is obliQated to pay, e.g., debt service, lease obliQations, ete. These costs are subtracted fi-om [otal available resources to arrive at discretionary spending (departmental allocations). The departmental allocations set forth the spendin~ parameters for each department. Department heads will be responsible to budQet their allotment as they deem necessary and prepare a budQet request accordinQly. Action Item Tentative Meetin~ Date Revenue Estimates Nlarch 23 Fixed Cost Estimates and Department~l Allocations Nlarch 30 Review BudQet Request April 27, Nlay l 1 Adopt Tentative BudQet June 1 Adopt Final Budget June 1~ • 'r ' ~ .i ~ TOWN TOWN COUNCIL OF MEETING MARANA INFORMATION DATE: AGENDA IT'EM: I X. C o n s e n t A. 5 TO: Mayor and Council FROM: Daruel J. Hochuli & Associates SUBJECT: Ordinance No. 99.02, requiring Developers of land within the Lower Santa Cruz River Levee Benefit Area to enter into Development Agreements with the Town of Marana to reimburse the Town for its share of the costs for construcUon of the levee from the enhanced value of the owr?ers' properiy, and repealing all resolutions, ordinances and rules of the Town of Marana in conflict here~vitli. DISCUSSION: The adoption of Ordinance No. 99.02 would make it necessary for developers of land ~vitlun the Lower Santa Cruz River Levee Benefit Area to enter into development agreements widi the Town for the purpose of reimbursing the Town for its share of the Levee construction costs. These development agreements would follow the reimbursement guidelines provided for in the Town's IGA with The Pima County Flood Control District adopted on January 20, 1998. The IGA • projected that the Town would ultimately reimbwse the District for a total of $1,875,000.00 in construction costs. Pursuant to d~e IGA, the To~vn must pay to the District a$500.00 per acre fee ~vhen properiy owners ~vithin the Benefit Area are issued a building pernut or a land use change. The IGA contemplated that the Town would adopt an ordinance for the collection of the fee from property owners seeking to develop their property within the Benefit Area. However, properties that are smaller dian two acres and properties that are used solely for agricultural purposes are not subject to the reimbursement requirement. Staff anticipates that requiring developers to enter into development agreements would be the most effective means of collecting the levee fee. RECONIl~IENDATION: Staff recommends that Ordinance 99.02 be adopted. SUGGESTED MOTION: I move the adoption of Ordinance No. 99.02 requiring Developers of land within the Lower Santa Cniz River Levee Benefit Area to enter into development agreements evitl~ tl~e Town of Marana to reimburse U~e To~vn for its share of the costs for construction of tl~e Levee from tl~e enhanced value of the o~vners' property, and repealing all resolutions, ordinances and rules of the Town of Marana in conflict llere~vith. ~ 'r . . • MARANA ORDINANCE NO. 99.02 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA, REQUIRING DEVELOPERS OF LAND WITHIN THE LOWER SANTA CRUZ RIVER LEVEE BENEFIT AREA TO ENTER 1NT0 DEVELOPMENT AGREEMENTS WITH THE TOWN TO REIMBURSE THE TOWN FOR ITS SHARE OF THE COSTS FOR CONSTRUCTION OF THE LEVEE FROM THE ENHANCED VALUE OF THE OWNERS' PROPERTY, AND REPEALING ALL RESOLUTIONS, ORDINANCES AND RULES OF THE TOWN OF MARANA 1N CONFLICT HEREWITH. WHEREAS, on January 20, 1998, the Town of Marana entered into an Intergovernmental Agreement with the Pima County Flood Control District for construction of a flood control levee to protect the Town's residents from periodic inundation and soil erosion from the lower Santa Cruz River; and WHEREAS, pursuant to that Intergovernmental Agreement, the Town is to contribute • financing for the project proportionate to its share of the benefit at a rate of $500.00 for each benefitting acre or approximately $1,875,000.00; and WHEREAS, pursuant to that Intergovernmental Agreement, the Town must adopt ordinances and procedures for the collection of a fee from landowners seeking to develop their property within the levee project benefit area; and WHEREAS, the Pima County Flood Control District has determined which property within the Town will benefit from the construction of the levee and has identified this property on the map attached hereto as Exhibit A and incorporated herein by this reference; and WHEREAS, pursuant to the Intergovernmental Agreement, those residential property owners within the Benefit Area owning less than two acres on or before December 30, 1997, and those property owners who develop their property solely for the purpose of agriculture are exempt from payment of any fee for the levee. NOW, THEREFORE, BE IT ORDAINED b_y the Mayor and Council ofthe Town of~iarana, Arizona, as follows: Section 1. Those property owners within the benetit area who intend to develop their property for a use that is not solely agricultural shall enter into a development aareement with the Town before • \laran:i. .-\rizona Ordinancc No. 99.02 Page 1 . , 1 • • they may receive a building pernvt or change the use of their property from what it was on December 30, 1997. Section 2. This development agreement shall contain provisions for payment by the property owner of five hundred dollars ($500.00) per acre for the cost of the levee project. Section 3. Residential properties within the benefit area smaller than two acres on or before December 30, 1997, are exempt from entering into this development agreement. Section 4. All ordinances and resolutions or parts of ordinances and resolutions in conflict with the previsions of this ordinance are hereby repealed, effective as of the effective date of this ordinance. Section 5. Repeal of all ordinances and resolutions or parts of ordinances and resolutions in conflict with the provisions of this ordinance does not affect rights and duties that have matured or penalties that were incurred and proceedings that were begun before the effective date of that repeal. Section 6. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any • reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this day of February, 1999. ATTEST: Mayor ORA MAE HARN Sandra L. Groseclose Town Clerk APPROVED AS TO FORM: Daniel J. Hochuli Town Attorney • bf:uana, Arizona Ordinance No. 99.02 Paje ~ • When recorded, return to: Daniel J. Hochuli, Esq. Daniel J. Hochuli & Associates 220 E. Wetmore Rd., Suite 110 Tucson, AZ 85705 DEVELOPMENT AGREENIENT This Agreement is made as of the day of , 1999, by and between the TOWN OF MARANA, an Arizona municipal corporation ("To~vn"), and ("Owner"), with respect to the recitals of facts and intentions and for the purpose of makina and confirming the covenants hereinafter set forth. RECITALS • A. Owner is the owner of real property legally described on Exhibit A attached hereto and made a part hereof, which consists of approximately acres ("Property"). B. The Property is situated within the Lower Santa Cruz River Levee Benefit Area which is described on Exhibits B and C attached hereto and made a part hereof (`Benefit Area"). The Benefit Area has been prone to severe and repeated flooding and subsequent soil erosion losses. C. On January 20, 1998, the Town entered into an Intergovernmental Agreement with the Pima County Flood Control District ("District") concerning the lower Santa Cruz River flood control levee project ("IGA"). This IGA provided for the construction of a flood levee to protect the Benefit Area from periodic innundation. D. Pursuant to the IGA the Town must reimburse the District for construction costs at a rate of ~500.00 per acre of land within the Benefit Area ~vithin the To~vn's corporate limits. The Town must make annual reimbursement payments to the District based upon the number of building permits issued by the Town to property owners within the Benefit Area seeking to develop or chan~e the use o f their property to a use which is not solely agricultural. • 1 E. Owner intends to develop and improve [or change the use ofJ the Property for • purposes which are not solely agricultural. F. Without the levee, development of the Property would not be possible or would be substantially more e~cpensive to the Owner: G. [If applicable] The To~vn Council of the Town (the "Council") passed Ordinance No. ("Zonin~ Ordinance"). The Zoning Ordinance grants the requests of Owner set forth in its application, subject to the conditions set forth therein. H. [If applicable] The Owner's plan for the development of the Property is attached hereto as Exhibit D and made a part hereof ("Development Plan"). I. The Town and Owner are entering into this Agreement pursuant to the authority and provisions of A.R.S. Section 9-500.05 and Ordinance No. 99.02 in order to facilitate the development and improvement of the Property and the collection of the funds needed to reimburse the District for construction of the levee. COVENANTS In consideration of the foregoing recitals, and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and Owner agree as follows: • 1. Payment of Levee Fee. Owner shall pay to the Town $ .00 [Number of acres within Benefit Area times $500.00]. 2. Zoning and Uses for the Property. The development of the Property shall be in accordance with the Development Plan and the terms of this Agreement. O~vner shall be authorized to and may implement and engage in the types of uses, densities and intensities of uses as set forth in the Development Plan. The To~vn hereby authorizes Owner to include the types of uses which are the same as or similar to, and the densities and intensities of uses equal to those as set forth in the Development Plan with respect to the Property. The Town agrees not to unreasonably withhold the approval or issuance of any permits, plans, specifications, plats, special use permits, variances and other required approvals for the Property as may be requested by Owner from time to time in order to implement, and which are reasonably consistent with, the Development Plan and to conduct the uses and activities thereon as described herein. 3. Development and Improvement of the Property and Permitted Activities. (a) applicabie Rules. Except as othe?tivise expressly provided in this Agreement, Owner and the PropeRy shall be subject to all ordinances, rules. re~ulations, permit requirements, dedications, exactions, development a~Id other fees, other conditions and requirements and official policies of the • ? Town applicable to and governing the development and improvement of the • Property, as may be passed, adopted and amended from time to time. O~vner must comply with all county, state and federal laws. (b) Activities and Operations. Owner and its successors, heirs and assigns may, and are hereby authorized and permitted, to carry out the uses, activities and intensities on and from the Property described herein and provided and otherwise set forth in the Development Plan. The Town shall not unreasonably ~vithhold approvals necessary or required to carry out the Development Plan. 3. Dedications to the Town. (a) Bank Protection Dedication. [If applicable]. (b) [List any other dedications to the Town with legal descriptions.] 5. Default. The failure or unreasonable delay by either party to perform or otherwise act in accordance with any term or provision hereof for a period of ten (10) days after written notice thereof from the other party shall constitute a default hereunder; provided, however, that if said failure or delay is such that more than ten (10) days • ~vould reasonably be required to perform such action or to otherwise comply with any term or provision hereof, then such party shall have such additional time as may be necessary to perform or comply so long as such party commences performance or compliance within said ten (10) day period and diligently proceeds to complete such performance or fulfill such obligation within thirty (30) days after said notice. Said notice shall specify the nature of the alleged default and the manner in which said default may be satisfactorily cured, if possible. In the event such default is not cured within the period provided above, the non-defaultin~ party shall have all rights and remedies which may be available under law or in equity. 6. Notices and Filings. (a) Manner of Serving. All notices, filings, consents, approvals and other communications provided for herein or Qiven in connection herewith shall be validly aiven, filed, made, delivered or served if in writina and delivered personally or sent by certified United States Mail, postage prepaid, return receipt requested: if' to the Town: vlike Hein Town ManaQer 132~ 1 N. Lon Adams Road Nlarana, Arizona 856~3 • 3 with a copy to: Daniel J. Hochuli, Esq. • Daniel J. Hochuli and Associates 220 East Wetmore #110 Tucson, Anzona 85003 if to Owner: [Owner's information] with a copy to: [Owner's representative's information] (b) Mailing Effective. Notices, filin~s, consents, approvals and communication given by mail shall be deemed delivered twenty-four (24) hours following deposit in the United States Mail, postage prepaid and addressed as set forth above as indicated by the postmark thereon. 7. General. (a) Headings. The descriptive headings of the para~raphs of this Agreement are inserted for convenience only and shall not control or affect the meaning or construction of any of the provisions hereof. (b) Exhibits. Any exhibit attached hereto shall be deemed to be incorporated herein by this reference and the reference thereto with the same force and effect as if fully set forth in the body hereof. • (c) Time and Effect on Successors. Time is of the essence of this A~reement. All of the provisions thereof shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto pursuant to A.R.S. section 9- ~00.05(D). However, Owner's liability hereunder shall not terminate unless the Town ~rants it a written novation. (d) Term. The term of this Agreement shall commence on the date of the execution of this Agreement by both parties hereto and shall automatically terminate on the 10`h anniversary of such date. (e) No Partnership; 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 Owner and the Town. No term or provision ofthis A~reement is intended to, nor shall, be for the benefit of any person, firm, organization or corporation not a party hereto, and no such other person, firm, organization or corporation shall have any ri~ht or cause of action hereunder. Entire Agreement. This Agreement constitutes the enCire a~reement of the parties and supersedes any and all other understandinas and agreements bet~veen the parties. No chan~e, modification or amendment to or of this • 4 Agreement shall have any force or effect whatsoever unless it is in writin~ ~ and signed by both parties or their respective successors or assigns. (g) Governing Law. This Agreement is entered into in Arizona and shall be construed and interpreted under the laws of Arizona. In particular, this A~reement is subject to the provisions of A.R.S. section 38-511. (h) Recordation. The Town shall record this Agreement in its entirety in the Official Records of Pima County, Arizona not later than ten (10) days after this Agreement is executed by the Town and O~vner. (i) No Representations. Nothing contained herein or in the Development Plan , shall be deemed to obligate the Town or Owner to complete any part or all of the development of the Property in accordance ~vith the Development Plan or any other plan, and the Development Plan shall not be deemed a representation or warranty by the Developer of any kind whatsoever. (j) Hierarchy of Documents. There are numerous documents which affect the subject matter of this Agreement. In the event of a conflict or inconsistency between or among any or all of these documents, the documents shall take priority in the following order, unless the documents expressly provide a contrary order of priority: • (1) The Zoning Ordinance; (2) this Agreement; and (3) The applicable ordinances, rules, regulations, permit requirements, development fees, other requirements, and official policies of the To~vn. (k) Legat Challenge. In the event of any legal action or proceeding instituted by a third-party challenging the validity of this A~reement or any provision hereof, the parties agree to cooperate in diligently defendin; such action or proceeding and to bear their o~vn attorneys' fees and expenses in such action or proceedinj. In the event any party hereto finds it necessary to bring an action at law or other proceeding against any other party to enforce any of the terms, covenants or conditions hereof, or by reason of any breach or default lZereunder, the party prevailing in any such action or other proceeding shall be paid all reasonable costs and reasonable attorneys' fees by the other party, and in the event any judgment is secured by said prevailina party, all such costs and attorneys' fees shall be included therein, such fees to be set by the court and not by jury. • ~ (1) Waiver. No delay in exercisin~ any right or remedy shall constitute a waiver ~ thereof, and no waiver by the Town or the Owner of the breach of any provision of this A~reement shall be construed as a~vaiver of any preceding or succeeding breach of the same or any other provision of this Agreement. (m) Further Acts. Each of the parties hereto shall execute and deliver all such documents and perform all such acts as reasonably necessary, from time to time, to carry out the matters contemplated by this 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 Owner. (n) Imposition of Duty by Law. This Agreement does not relieve any party hereto of any obligation or responsibility imposed upon it by law. (o) Severability. If any provision of this Agreement is declared void or unenforceable by any court of competent jurisdiction, such provision shall be severed from this Agreement, which shall otherwise remain in full force and effect. • IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the date first set forth above. Town: Owner: TOWN OF MARANA, a municipal OWNER'S NAME corporation By: By: Title: Title: ATTEST: By: Sandra L. Groseclose To~vn Clerk • 6 APPROVED AS TO FORIVI: • By: Daniel J. Hochuli, Esq. Town Attorney State of Arizona ) ) ss County of Pima ) The foregoing instrument was subscribed, sworn to and acknowled~ed before me this _ day of , 1999, by Notary Public My commission expires: • • ~ Z,RS' ~ , ~-cP - ~ (~4~ , ` ~ ~ ~wp,i,.e ~ ' ~ r • • / • Towlv Towrr COUNCIL OF MEETING MARANA Ii~IFORMATION DATE: t~ b . AGENDAITEM: IX. Consent A: 5 TO: Mayor and Council FROM: Daniel J. Hochuli & Associates SUBJECT: Ordinance No. 99.02, requiring Developers of land within the Lower Santa Cruz River Levee Benefit Area to enter into Development Agreements with the Town of Marana to reimburse the Town for its share of the costs for construction of the levee from the enhanced value of the owners' property, and repealing all resolutions, ordinances and rules of the Town of Marana in conflict here~vith. DISCUSSION: The adoption of Ordinance No. 99.02 would make it necessary for developers of land witlvn the Lower Santa Cruz River Levee Benefit Area to enter into development agreements with the To«m for the purpose of reimbursing the Town for its share of the Levee construction costs. These development agreements would follow the reimbursement guidelines provided for in the Town's IGA with The Pima County Flood Control District adopted on January 20, 1998. The IGA ~ projected that the Town would ultimately reimburse the District for a total of $1,87~,000.00 in construction costs. Pursuant to the IGA, the To~vn musi pay to tl~e DisVict a$~00.00 per acre fee ~vhen properiy owners within the Benefit Area are issued a building permit or a land use change. The IGA contemplated that the Town would adopt an ordinance for the collection of the fee from property owners seeking to develop their property within the Benefit Area. However, properties that are smaller than rivo acres and properties that are used solely for agricultural purposes are not subject to the reimbursement requirement. Staff anticipates that requiring developers to enter into development agreements would be the most effective means of collecting the levee fee. RECOIvIIv1E~IDATION: Staff recommends that Ordinance 99.02 be adopted. SUGGESTED MOTION: I move the adoption of Ordinance No. 99.02 requiring Developers of land wittun tt~e Lo~ver Santa Cruz River Levee Benefit Area to enter into development agreements with the Town of Marana to reimburse khe Town for its share of the costs for construction of the Levee from ti~e enhanced value of the owners' property, ~uld repealing all resolutions, ordinances and rules of U~e Town of Marana in contlict herewith. . • MARANA ORDINANCE NO. 99.02 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA, REQUIRINGDEVELOPERS OF LAND WITHIN THE LOWER SANTA CRUZ RIVER LEVEE BENEFIT AREA TO ENTER INTO DEVELOPMENT AGREEMENTS WITH THE TOWN TO REIIVIBURSE THE TOWN FOR ITS SHARE OF THE COSTS FOR CONSTRUCTION OF THE LEVEE FROM THE ENHANCED VALUE OF THE OWNERS' PROPERTY, AND REPEALING ALL RESOLUTIONS, ORDINANCES AND RULES OF THE TOWN OF MARANA IN CONFLICT HEREWITH. WHEREAS, on January 20, 1998, the Town of Marana entered into an Intergovernmental Aareement with the Pima County Flood Control District for construction of a flood control levee to protect the Town's residents from periodic inundation and soil erosion from the lower Santa Cruz River; and WHEREAS, pursuant to that Intergovernmental Agreement, the Town is to contribute • financing for the project proportionate to its share of the benefit at a rate of $500.00 for each benefitting acre or approximately $1,875,000.00; and WHEREAS, pursuant to that Intergovernmental Agreement, the Town must adopt ordinances and procedures for the collection of a fee from landowners seeking to develop their property within the levee project benefit area; and WHEREAS, the Pima County Flood Control District has determined which property within the Town will benefit from the construction of the ]evee and has identified this property on the map attached hereto as Exhibit A and incorporated herein by this reference; and WHEREAS, pursuant to the Intergovernmental Agreement, those residential property owners within the Benefit Area owning less than two acres on or before December 30, 1997, and those property owners who develop their property solely for the purpose of agriculture are eYempt from payment of any fee for the levee. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council ofthe Town of Marana, Arizona, as follows: Section 1. Those property owners within the benefit area who intend to develop their property for a use that is not solely agricultural shall enter into a development aQreement with the Town before • ~f;uan;i, Arizona Ordin:uicc Nu. 9).02 Pa~e 1 0 they may receive a building permit or change the use of their property from what it was on December 30, 1997. Section 2. This development agreement shall contain provisions for payment by the property owner of five hundred dollars ($500.00) per acre for the cost of the levee project. Section 3. Residential properties within the benefit area smaller than two acres on or before December 30, 1997, are exempt from entering into this development agreement. Section 4. All ordinances and resolutions or parts of ordinances and resolutions in conflict with the previsions of this ordinance are hereby repealed, effective as of the effective date of this ordinance. Section 5. Repeal of all ordinances and resolutions or parts of ordinances and resolutions in conflict with the provisions ofthis ordinance does not affect rights and duties that have matured or penalties that were incurred and proceedings that were begun before the effective date of that repeal. Section 6. If any section, subsection, sentence, clause, phrase or portion ofthis 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 thereof. PASSED AND ADOPTED by the Mayor and Council ofthe Town ofMarana, Arizona, this day of February, 1999. ATTEST: Mayor ORA MAE HARN Sandra L. Groseclose Town Clerk APPROVED AS TO FORM: Daniel J. Hochuli Town Attorney • Atarana. Arizona Ordinance ~lo. 99.02 PaQe 2 ~ When recorded, return to: Daniel J. Hochuli, Esq. Daniel J. Hochuli & Associates ~ 220 E. Wetmore Rd., Suite 110 Tucson, AZ 8J70J DEVELOPMENT AGREEMENT This Agreement is made as of the day of , 1999, by and between the TOWN OF MARANA, an Arizona municipal corporation ("Town"), and ("Owner"), with respect to the recitals of facts and intentions and for the purpose of making and confirming the covenants hereinafter set forth. RECITALS ~ A. Owner is the owner of real property legally described on Exhibit A attached hereto and made a part hereof, which consists of approximately acres ("Property"). B. The Property is situated within the Lower Santa Cruz River Levee Benefit Area which is described on Exhibits B and C attached hereto and made a part hereof (`Benefit Area"). The Benefit Area has been prone to severe and repeated flooding and subsequent soil erosion losses. C. On January 20, 1998, the Town entered into an Intergovernmental Agreement with the Pima County Flood Control District ("District") concerning the lower Santa Cruz River flood control levee project ("IGA"). This IGA provided for the construction of a flood levee to protect the Benefit Area &om periodic innundation. D. Pursuant to the IGA the Town must reimburse the District for constniction costs at a rate of 5~00.00 per acre of land within the Benefit Area within the Town's corporate limits. The Town must make annual reimbursement payments to the District based upon the number of buildinQ permits issued by the To~vn to property owners within the Benefit Area seeking to develop or chan~e the use o f their property to a use which is not solely agricultural. • 1 0 When recorded, return to: Daniel J. Hochuli, Esq. Daniel J. Hochuli & Associates 220 E. Wetmore Rd., Suite 110 Tucson, AZ 85705 DEVELOPIVIENT AGREEMENT This Agreement is made as of the day of , 1999, by and bet~veen the TOWN OF MARANA, an Arizona municipal corporation ("To~vn"), and ("Owner"), with respect to the recitals of facts and intentions and for the purpose of making and confirming the covenants hereinafter set forth. RECITALS • A. Owner is the owner of real property legally described on Exhibit A attached hereto and made a part hereof, which consists of approximately acres ("Property"). B. The Property is situated within the Lower Santa Cruz River Levee Benefit Area which is described on EYhibits B and C attached hereto and made a part hereof ("Benefit Area"). The Benefit Area has been prone to severe and repeated flooding and subsequent soil erosion losses. C. On January 20, 1998, the To~vn entered into an Intergovernmental Agreement with the Pima County Flood Control District ("District") concernin~ the lower Santa Cniz River flood control levee project ("IGA"). This IGA provided for the construction of a flood levee to protect the Benefit Area from periodic innundation. D. Pursuant to the IGA the To~vn must reimburse the District for construction costs at a rate of $~00.00 per acre of land within the Benefit Area ~vithin the To~vn's corporate limits. The To~vn must make annual reimbursement payments to the District based upon the number of building pernlits issued by the Town to property owners within the Benefit Area seeking to develop or change the use of their property to a use which is not solely aQricultural. • 1 E. Owner intends to develop and improve [or change the use of] the Property for o purposes which are not solely aaricultural. F. Without the levee, development of the Property ~vould not be possible or would be substantially more expensive to the Owner. G. [If applicable] The Town Council of the Town (the "Council") passed Ordinance No. ("Zoning Ordinance"). The Zoning Ordinance grants the requests of O~vner set forth in its application, subject to the conditions set forth therein. H. [If applicable] The Owner's plan for the development of the Property is attached hereto as Exhibit D and made a part hereof ("Development Plan"). L The Town and Owner are entering into this Agreement pursuant to the authority and provisions of A.R.S. Section 9-500.05 and Ordinance No. 99.02 in order to facilitate the development and improvement of the Property and the collection of the funds needed to reimburse the District for construction of the levee. COVENANTS In consideration of the foregoinQ recitals, and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and Owner a~ree as follows: ~ l. Payment of Levee Fee. Owner shall pay to the Town ~ .00 [Number of acres ~vithin Benefit Area times $500.00]. 2. Zoning and Uses for the Property. The development of the Property shall be in accordance with the Development Plan and the terms of this Agreement. Owner shall be authorized to and may implement and engage in the types of uses, densities and intensities of uses as set forth in the Development Plan. The Town hereby authorizes Owner to include the types of uses which are the same as or similar to, and the densities and intensities of uses equal to those as set forth in the Development Plan with respect to the Property. The Town a~rees not to unreasonably withhold the approval or issuance of any permits, plans, specifications, plats, special use permits, variances and other required approvals for the Property as may be requested by Owner from time to time in order to implement, and which are reasonably consistent ~vith, the Development Plan and to conduct the uses and activities thereon as described herein. 3. Development and Improvement of the Property and Permitted Activities. (a) Applicable Rules. Except as other~vise erpressly pro~ ided in this Agreement, Owner and the Property shall be subiect to all ordinances, rules, regulations, permit reauirements, dedications, e~actions, developmen~ and other fees, other conditions and requirements and official policies of [he • 2 Town applicable to and governing the development and improvement of the o Property, as may be passed, adopted and amended from time to time. O~vner must comply with all county, state and federal laws. (b) Activities and Operations. Owner and its successors, heirs and assigns may, and are hereby authorized and permitted, to carry o~:t the uses, activities and intensities on and from the Property described herein and provided and otherwise set forth in the Development Plan. The Town shall not unreasonably withhold approvals necessary or required to carry out the Development Plan. 3. Dedications to the Town. (a) Bank Protection Dedication. [If applicable]. (b) [List any other dedications to the Town with legal descriptions.] 5. Default. The failure or unreasonable delay by either party to perform or otherwise act in accordance with any term or provision hereof for a period of ten (10) days after written notice thereof from the other party shall constitute a default hereunder; provided, however, that if said failure or delay is such that more than ten (10) days ~ would reasonably be required to perform such action or to otherwise comply with any term or provision hereof, then such party shall have such additional time as may be necessary to perform or comply so long as such party commences performance or compliance within said ten (10) day period and diligently proceeds to complete such performance or fulfill such obligation within thirty (30) days after said notice. Said notice shall specify the nature of the alleged default and the manner in which said default may be satisfactorily cured, if possible. In the event such default is not cured within the period provided above, the non-defaulting party shall have all rights and remedies which may be available under law or in equity. 6. Notices and Filings. (a) Nlanner of Serving. All notices, filings, consents, approvals and other communications provided for herein or given in connection here~vith shall be validly given, filed, made, delivered or served if in ~vriting and delivered personally or sent by certified United States Mail, posta~e prepaid, return receipt requested: if to the To~vn: vlike Hein To~vn ManaQer 132~ 1 N. Lon Adams Road i~larana. Arizona 8~6~3 . 3 ~vith a copy to: Daniel J. Hochuli, Esq. ~ Daniel J. Hochuli and Associates 220 East Wetmore #110 Tucson, Anzona 85003 if to Owner: [Owner's informationj with a copy to: [O~vner's representative's information] (b) Nlailing Effective. Notices, filings, consents, approvals and communication given by mail shall be deemed delivered twenty-four (24) hours following deposit in the United States Mail, postage prepaid and addressed as set forth above as indicated by the postmark thereon. 7. General. (a) Headings. The descriptive headings of the paragraphs of this Agreement are inserted for convenience only and shall not control or affect the meaning or construction of any of the provisions hereof. (b) EYhibits. Any exhibit attached hereto shall be deemed to be incorporated herein by this reference and the reference thereto with the same force and effect as if fully set forth in the body hereof. ~ (c) Time and Effect on Successors. Time is of the essence of this AQreement. All of the provisions thereof shall inure to the benefit of and be binding upon the successors and assians of the parties hereto pursuant to A.R.S. section 9- 500.05(D). However, Owner's liability hereunder shall not terminate unless the Town grants it a written novation. (d) Term. The term of this Agreement shall commence on the date of the execution of this Agreement by both parties hereto and shall automatically terminate on the 10`h anniversary of such date. (e) No Partnership; Third Parties. It is not intended by this Agreement to, and nothing contained in this Ayreement shall, create any partnership, joint venture or other arranaement between Owner and the Town. No term or provision of this AQreement is intended to, nor shall, be for the benefit of any person, firm, organization or corporation not a party hereto, and no such other person, firm, organization or corporation shall have any riQht or cause of action hereunder. (fl Entire Agreement. This Agreement constitutes the entire a~reement of the parties and supersedes any and all other understandings and avreements bet~veen the parties. No change, modification or amendment to or of this • ~ Agreement shall have any force or effect whatsoever unless it is in writing ~ and signed by both parties or their respective successors or assigns. (g) Governing Law. This Agreement is entered into in Arizona and shall be construed and interpreted under the laws of Arizona. In particular, this Agreement is subject to the provisions of A.R.S. section 38-511. (h) Recordation. The To~vn shall record this A~rreement in its entirety in the Official Records of Pima County, Arizona not later than ten (10) days after this Agreement is executed by the Town and O~vner. (i) No Representations. Nothing contained herein or in the Development Plan shall be deemed to obligate the Town or Owner to complete any part or all of the development of the Property in accordance with the Development Plan or any other plan, and the Development Plan shall not be deemed a representation or warranty by the Developer of any kind whatsoever. (j) Hierarchy of Documents. There are numerous documents which affect the subject matter of this A~reement. In the event of a conflict or inconsistency between or among any or all of these documents, the documents shall take priority in the following order, unless the documents expressly provide a contrary order of priority: ~ (1) The ZoninQ Ordinance; (2) this Agreement; and (3) The applicable ordinances, rules, regulations, permit requirements, development fees, other requirements, and official policies of the Town. (k) Legal Challenge. In the event of any legal action or proceeding instituted by a third-party challenging the validity of this A~reement or any provision hereof, the parties agree to cooperate in diliQently defending such action or proceeding and to bear their own attorneys' fees and eYpenses in such action or proceedin~. In the event any party hereto finds it necessary to bring an action at law or other proceeding against any other party to enforce any of the terms, covenants or conditions hereof, or by reason of any breach or default hereunder, the party prevailing in any such action or other proceeding shall be paid all reasonable costs and reasonable attorneys' fees by the other party, and in the event any judgment is secured by said prevailing party, all such costs and attorneys' fees shall be included therein, such fees to be set by the court and not by jury. • ~ (1) ~Vaiver. No delay in exercising any right or remedy shall constitute a waiver o thereof, and no waiver by the To~vn or the Owner of the breach of any provision of this Agreement shall be construed as a waiver of any preceding or succeeding breach of the same or any other provision of this Agreement. (m) Further Acts. Each of the parties hereto shall execute and deliver all such documents and perform all such acts as reasonably necessary, from time to time, to carry out the matters contemplated by this Agreement. Without limiting the ~enerality 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 Owner. (n) Imposition of Duty by Law. This Agreement does not relieve any party hereto of any obligation or responsibility imposed upon it by law. (o) Severability. If any provision of this Agreement is declared void or unenforceable by any court of competent jurisdiction, such provision shall be severed from this Agreement, which shall otherwise remain in full force and effect. ~ IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the date first set forth above. Town: Owner: TOWN OF MARANA, a municipal OWNER'S NAME corporation By: By: Title: Title: ATTEST: By: Sandra L. Groseclose Town Clerk ! 6 APPROVED AS TO FORIVI: o By: Daniel J. Hochuli, Esq. ' Town Attorney State of Arizona ) ) ss County of Pima ) The foregoing instrument was subscribed, sworn to and acknowled~ed before me this _ day of , 1999, by Notary Public My commission expires: ~ ~ 7 ~ Y ~ TOWN COUNCIL TOWN MEETING OF INFORNIATION NIARANA DATE: February 16, 1999 AGEi~1DA ITEM: I X. B ~ TO: Mayor and Council FROM: Roy Cuaron, Finance Directar SUBJECT: Adoption of Resolution 99-20, Appointment to the Town of Vlarana Business Advisory Committee DISCUSSION: The Mayor and Council established the Town of Marana Business Advisory Committee (BAC) in February 1994. The committee is comprised of 15 members of the business community appointed by Mayor and Council who o~vn or operate businesses within the Town boundaries. The BAC is a vehicle by which the business community provides input to the Council on issues affecting the business community. ~ The BAC currently has one vacancy to fill. At its last meeting, the BAC unanimously recommended that Mr. Terry Dee be appointed to the committee. NIr. Dee is the Community Relations Mana~er for The Home Depot, which recently opened a branch store in Maiana. Mr. Dee is very interested in beina actively involved and participatinQ in community events. v If appointed, Mr. Dee's term will expire in March of 2000. With the appointment, the BAC will have its full complement of inembers. RECOMMENDATION: Staff recommends adoption of Resolution 99-20, appointinQ Terry Dee [o the Town of Marana Business Advisory Committee. SUGGESTED MOTION: I move that the Mayor and Council adopt Resolution 99-20. ~ F~~~~~~~CEiRGO?i i Oi99i i a:~t0 .a~~ . • NIARANA RESOLUTION NO. 99-20 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA, APPROVING THE APPOINTMENT OF TERRY DEE TO THE MARANA BUSI'vESS ADVISORY COMVIITTEE. WHEREAS, the Business Advisory Committee has been created by the Town Council to meet and advise the Town Council on business concerns within the Town; and WHEREAS, the Town Council desires to fill one (1) seat and appoint TERRY DEE with a term that will expire in March of 2000. NO~V, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that Terry Dee shall be appointed to the Business Advisory Committee with a term of office to expire in March of 2000. • PASSED AND ADOPTED b the Ma or and Council of the To~vn of Marana, y y Arizona, this 16`~ day of February, 1999. Mayor ORA MAE HARN ATTEST: Sandra L. Groseclose Town Clerk APPROVED AS TO FORiYL• • Daniel J. Hochuli To~vn Attorney ~ i TOW~1 COiNCIL TOWN NIEETNG OF NFORiV1~1TION MARAI~IA DATE: February 16, 1999 AGE~IDA ITEtii: I X. C TO: Mayor and Council FROM: Dick Gear, Community and Economic Development Administrator SUBJECT: Ordinance No. 99.04 - l~Iarana High School Annexation: Consideration and approval of an annesation comprising the south half of the south half of Section 21, Township 12 South, Range 11, East Gila and Salt River l~Ieridian, Pima County, Arizona. This annesation consists of approsimately 160 acres, some of which contain that portion of the Nlarana Hi~h School that is not currently in the To~vn. DISCUSSION: The To~vn Council conducted a public hearin~ for this annexation on January 3, 1999, and staff is no~v requesting Council action. • The proposed annexation comprises the ~farana Hieh School grounds which are not currently in the Town, and consists solely of State of Arizona land. This annexation area contains approximately 160 acres of State land plus the adjacent road ri~hts-of-way along Emigh, Sanders and Sandario Roads. The Town has received signed petitions from the rivo identified property owners, and prior approval for the anne:cation from the State Land Department. All notification requirements have been properly complied with for this annexation. The annexation meets the requirements as set forth in A.R.S. § 9-471 (annexation statutes). This is the final step of the annexation process for the To~vn Council. According to the Town's anne~cation requirements, the 30-day waitinQ period after the ori~inal blank petition was recorded ended January 23, 1999. The Council can now approve the ordinance annexin~ the area into the To~vn of Vlarana. j RECO~Il~1ENDATION: I ~ Staff recommends that Council aoprove this anne::ation. I SUGGESTED MOTION: I move that the Council approve Ordinance No. 99.0=} for the anneYation of approximately 160 ac:es located in the south half of the south half of Section 21. ~ To~mship 12 South, Ran~e 11 East, pursuant to the staii s recommendation. .-~DMIN/SRGI?!~/99 ~ ~IZIIITR - ~.r, ,d ~f~f~ `~~snb ~~~ttr~mpni = ~ ~i ; o - ,o~, • ~ 1676 'NE~ i ADAMS •JANE CE= HULL PHCENIX. AFIZCNA 85Q07 GOVEnNOR J. DEVNIS 'NELIS ~ STATc IAVp C0.~IMISSIGNER July 22, 1998 Mr. Dic!~ Gear AnneYation Coordinator Town of Marana - Development Center 185~~ N. Sanders Road t'~larana, AZ 8~ci~; Dear Mr. Gear: The Selection Board on Tuesday, July 21,1998 approved your request to include State Land in your proposed annexation. Enclosed is the Board's approval of your anneYation request which is used in lieu of a petition. Please notify us when the anne:cation is complete. If you have any questions call me at 542-2647. • Sincerely, n~~ ordon S. Ta 1, lanner Planning and et ManaQement Se~tion Enclosure GST/s~n c: J. Dennis Wells State Selection Board ~..~v~r::;;eo ~ra • ~ ARIZONA STATE SELECTION BOP_RD • APPROV:~L OF PROPOSED ANNEX.~,T I ON On this 21st day oi July, 19°8, the ArizonG State Selecticn Eoard hGs given due consideration and does hereby annrove the proposed annexati0ll Of st -~ut2 lcnds, cS describ2~ lr? IAttGC~"?ii?Ei1~ A, 1_n_LO Lh2 incorporGted boundaries or the Town o~ NrGrana. C~~~iC.L ---~%e~ - E DEE HULL overnor, State oT P.rizona c~.~~T woo~s Attorney General, State o= Arizona • TONY TNES~T' Z''"'°~ Y'e~', State of P_rizona (1 ~J~ ~ ~ DEi~NI S WELLS CommiSS10P_2?", ~tdt2 OL T;1Z0_?G L'a?~Q DEDc?"L?i1ET'it r ~ ~ 7 Z/-1 : S~~r~~G~-.~ ~`Gt~ - , , ~ ~rAf~illQ HIGh' .SChT001 .4N_~VF',~Q TID_~V PO.pTIONS O.r" S~ CTIONS 20, ? 7, 22 2; 2g ,~1V~ ,2 0 ~ TO~~VSrTIP y2 SGUTf~ P-~1+lGc 71 ~',~ST, GII~ ~,1i1> S~ rT R1rrp ~~ll>l_~l -t% PI1~-~ COUfVTl; ~IZON~ i ~ I ~ ~ Ti3'I.~Y Pii~.%~J P0.4Jr ~ - - - - - - - - - - - - - - - - - - - - - - - - - - - T- - - - - ~ ~ ~ ~ ~ ~ ~ ~ ~ q I ~ ~ .S~ C. I ~ SEC. ~ I C Sc C. LO ~ 2 ~ ~ ° 22 i C 0 I ~ ~ ~ I • ~ I ~ I i I , ~ I) I ; ~ .;0=~II cGUi;-` f-'A~= OF T'r,'c SOU~r, ,-:;Lr G~ ~ECIr0~1 2i ~(-7.~' I~ ~I I . ~ ~o~ I ~ o ~-~L-------------~-------------- ~I ` ~ . . - . . - . . - . . fn . . - . . _ . . - . ./J I` ~ _ I 1_.. ~ ~ G i~l~'ir'! I: n vL ~ ~ ~n ~ ~ ~ - Cr-.-~ I (/~/r 2~i5= 1 7~ I J . ~ i~. ~ ^ I (='I1I J. lc~P;.',,=p , ~ ~ I ~ `ofFI,P~TGJ ,1K. ~ I j7 C 1 j / - ~ ~J1f~'.-,'r.(J" IUY'/,~~I ! ,I , ~ T~ ~ ' : ! L: rYf ~ i ~ c ~ ~ nr.'~%l^.'.='•.NC~ l~l(~'. ~ ~ r: 2..M ^/i~, I . - r `~,t~ , . : -~n~~ - - :~.rt"". f'~ ..;1r1,_. :J 1 = ' C, ' i ~ ' c.::J~,s~y'-~n ~:.~._a,.rr,tiao = -ti-,rv.w- .;-.c • ~~e~~ .,a. = y I I c;a, ~.s~:t ~ GiE C.':'. 9tl ~ S0 t ~ LEGAL. D~,SCR1-PTION LI.~.T~.~~i?~ ~-iIG~' SCHOOL .~~~~E~ATION • PORTI01~;5 OF SECTIONS 20, 21, 22, 27. 28, ~ND ?9, TO~I~ivSHIP 12 SO[_rT~, K~~;GE 1 I E.-~ST, GiL~ ~~iD SALT RIVER ~LERIDI~~i, PItiL~ COL~iT~', :~FL70N~, ~.:~i-D PURTIO~~S BE~iG ~1oRE P_~RTICL~L~RL.Y DESCR?BED aS FOLLO~L"S: BEG~:~T~G AT T~ iti-TERSECT'I0~ OF TI-~ NOP.TH LI~;E OF THE SOUTH;~~.,LF Or T'r=.= SOUIi-I NL~,~ Or S~D S~CTION 20 ti~ZTH T~ W~EST RIGHT-OF-~~'a y LL~1E 0~ S,~v-DERS ROAD (BOOK 6 0~' ROAD ~1APS AT PAGE 14), W~.ICH IS A LT~iE ti0 FEET ti'v"ESTERL,Y OF ~~D P?.R.~LLEL ~VITH T~:E EAST LI~~E OF S~ID SECTION 20; 5:~,.ID L~; ~ER~ECiION BET.i~+~G ~.~iGLE PO.~~I' IN THE ~~?R~~1~~ TOw~i LI~iITS (OR3~I~iANCc ~;p. 78.07}; T~NCE EASTER.LY Ai.ONG SAID NORTH ~,I~+~ A~~ID tiLaR?N~ TOW~i LL~i~I~S TO TI~. ~~~ST LL~+~ Or SAID SECTiON 21; THENCE ~~STERI.Y tII.ONG TI~ NORTH LINE OF THE SOUTH ~iALF OF T'~"E SOUTH H?~I,F OF SAID SECTION 21 Ai~+~D CONTLNUI~iG :~LO~VG S:~.ID ~L~R~.Na TO~~ LIti~ITS TO TN~ WEST LL~E Oz S.~?D SEC"I~ION THENCE EASTERLY ALOtiG TriE NO~TH LL~~E OF SOUTH H.~I.F OF T~-:E SOliTH N~4I.F O~ SI~LD SECTION 22 ;~~iD C~i~1TL~-UL~G ~I.,UNG SAID ti1A.R.4N.4 TOW~i LLtinTS TO T~~ EAST RIGc~T-OF-WAY LL~iE 0~' S~~'D~,RIO RO.~D (BOOK 8 ROAJ ti1~PS P.~GE • 1 S) whiCH IS a LIN~E 75 F~ET EasTE?Z:,Y oF g.~~ P:~~.~~I,LE~ ~TITH i`F~~ titi~ST L?ti~, OF SAID SECTION 22; T~'CE SOUT~-iERLY,ALONG S~.ID EAST RIGHT-OF-`Y~%A~ LINE .~.v'D D~P:~.RTL~+G U?,.Z`~u ~iAR=~N?. TOVv~i LI~iITS, TO Tk~ tiORTH LT!~i~ OF S~~? SFCTION 27; Ti~ENCE SOUTHE.~i,~1', CO~TLNUPiiG ALONG S~.iD ~AST RIGHT-OF-;~~Y LL\~ TO LL~1E 120 FEET SOL7HERLY OF tL:uD P?R~.LLEL ~Z~`'r? T"r~ NORTH LL~~E Or S:-~iD SECTION ?7; Ti-~NCE WESTERLY:~LO~G S~ID P.~.~2.~LLEL LI~iE TO iTS L~iTE:ZScCTiOti tii~i i r T±~~ E.~~ST LL'vE OF S:~ SECTTO?v 28. S~_ID ~~ERS~CTION B~:~G ON ?'ri~ S~U rH RIGLT- OF-ti~':~Y ~NE Or E~.IIGH RO.=~ (BOOIk 1~ Ot RO~D ~iAPS .~T P? GE j, ~ a~ ~?GrT- OF-~.~Y LINE BENG 120 F~ET SOUT~~E?ZLY OF a~~ P~R:~' LEi., ~-ITTri T".t-i~ ~ic~R r- LLtiE OF S.~TD S~CTIOti ~S: :~~iCr. ti~-E~Tr~Y ~ ~ O~~G jUU`I=~: RIG:-=T-OF-~L:~y LI~,i T(~ T~~ r.-`.S ~ L~ti = OF S,~ ~J SEC i~ON 29: .:s, LFG_-`•.' DOCT ;~,~.ti ; ? - r ~ - • ~ T~iCE NORT~?ERI,Y AL,ONG SAID E:~ST LI~iE TO Ti~ SOUTI-i RIGHT-OF-WA Y LL~iL Or E:~IIGri RO~D TO THL WEST (BOOK ~ UF ROA.D ~L~.PS AT PAG~ 2~); BEI?~iG LIi~iE ~ 30 F~E? SOliTI-~c T. Y OF rLV~ PAR~.LLEi tiL'11'H T~~ N~RTH LL~1E OF S,-=~ID SECTiON 29: THEti~CE u~`ESTERI.Y ON S~ID P:~.R.~LLEL LL~tE TO A I.IN~, ;0 FEET «~:jTERL,Y OF AN`D PAR~I.LEL ~~Tir~ T'r~E E.AST LLL"E OF S:~ID SECTION ?9; THE~+CE tiORTH:cRL~' ALGNG S;~ID P:~R_.%~!.LEL LINE TO T~-iE SOTJ?r LINE OF S~ID SECTIO~; 2U; ?~~ENCE NORTHEP.LY .=~.LOivG ~ LL~tE ~0 FEET ~v~STE?ZLY GF ~~iD P~RA.L,LEL: `r'! 1H T~-i~. EAS? LL~t£ OF S:^.ID SECTiON 20 Av~D CONTItiti~,~;G ?~LOvG T:~iE ~VE~T FcTGHT-OF-W,~,Y" LINE Ot S~ti~ERS ROAD TO i`HE POIv7 OF BEGL~itiiti'G. ~`,~-~j ~.~~y ~ ~ti, +q,~~ic~rF P ~ 2?759 ~ ~ ,l. lEv`~~KC ~ i I~ ~ fon ~ ; ~ ,'a . 1,a \ ' 't~ ~ °~s~t~ , Z~'li'f11~~J' ~.l • 3. L~or.ard`Fon~es, Jr.vR.L.S. i ~L;_-! D(~l,r-,if'~.' ~;t1. 1_ ~=`.C_ _ 0` ~ • ~ AFFID ~VIT ~ Comes no~,v the affiant, -~~~~~^z , an auihonzed a,ent of " the To~i~r~- of tilarana, and hereby files this aifidavit in compliance ~vith A.R.S. 59-=~71 (~)(6). ~ffiant affirms that he has conducted reasonable revie~v and research, and has determined that no part of the territorv in the attached proposed anneration is alre•adv subject to an earlier filing for annesation. Further, aftiant sayeth not. _ _ ~ , • STATE OF ARIZONA ) ) ss COtTN"TY OF PIti1A ) SUBSCRIBED, SWOR_~i TO :~~"D ACTiti_~10WLEDGED before me bl~ ~ ~ ~ ~J, ~ i ~ ~ ~i " o f+, , the above st~te~ affiant, this ~~r'dav o ~ , ,1, 99. ~ ' i~,' f ~ ~ ~ ' / j ~ ' j~;s . _ ~iotarY Public 1;, rorrr.is~ion E:.~ires: ~ >.i~,_.._:~,.,,...,,~.~.-,<<:_,:~;~._~.~, . t 1-•--=~= ~'Ic.lr~ ~,_'-1--_--:~__ Ll HI]i_r;l_ILI '~i .,==-11-• o~ - ~t_ I t H, • ?Vi~,~NA (~RI~IN~r CE NO?, 99.Q~ .~tir ORDINANCE EXTENDII~C~ ~.?~D ~cxFr~s~?~G THE CORPOR,~TE L1tii3.TS or r~[~ TOWN OF Iv1AR.nNA, ARI"LUNA, PURSUANT TO THE PROV]SIO~S OF TITL,E 9, C'HAPTER ARIZON.4 PtEVISED ST~TTJ'I'~.5, AN'~ A.~tF.NDViENTS THERETf~, BY A1vNEXINt~ THERETO THf1T TERRLTC~RY :tNC)V4T; AS :M.4RANA HIGH SC.HL)(~L ANT:~E~iATf0~1, WHICH IS CO?vTIGUaU5 TO THE EX~STINc; T~ wT: LI~viITS OF TT~E TU~iti OF MARAI~:?. ARIZONA, AND CI-~ANGING THE ZUNIIv'Ci FRC_3.M "PT'vf.=~ COI,INT~Y ZONE. RH" "T'~> "TOWi`+ OF ~tARANA Z(~NE AG." ~~`T~F.R~ A S, a petition in writing, accompanied ry a map oz p~ot c7.f. sai~3 real property, having ocen filed and presentr:d to the Mayo.r. and Co~u?ci1 af the Town of Marana, .4, i.?ona, signed by ~he =~wners uf mare ?hau one-ha~f ui ~~alue of the real and perscnal praperry~ ~id a~~~rA than one-half of the persuns uwning real an~ per.~i~al property tl~at ,~ould be stihject te~ ta~at2o~1 by the Town e~f Nlar;~r3 ~s sh~~~.~•n by the ?~~st as.~cs~ii:ent oi said property, 5aid praperiy ~s conti~uous to the Tou~n. of Marana. ac3t~ not no« emb:aced within. its liznits, asking #ha; the pro~:ert} m~~~e particulaiiy h?reinafier e~esc~bed be annexed to the Town of Marana, and to ~~ctend and increase the corpor~te ~imits of t}:e Tc~4~m c~f Marar,a so as to embrace same; and • 'v~'H~.RFAS, the ~2a~-or and C:~uncil af the Towr~ cif ~iarana, ,~.r;zona, are dzsirous ot c:c~m~lying with said petition and txtending and incre~sir.g the cor~porate l~rnirs of the Town c;f I~larana ta include sa.i.d te^~:tory, which is approximately 160 acr~s caf Statr land and of whi;:h cont:3ins tha~ porti~n of th~. Maran.a High Sch~ol that i~ nat currently in the Tc~wn; an;i ~"r~F~_~:A~~, the Marana High Sehoc~l ar.nzxatinn is a« ar~a located in the south half of Section 2 i. Tou~nsl;~p I.? South, R;~nge 11 E~st, Giia an;l Salt Riv~r Mcrtdian, ~'irna Caunty, .~rizc,na: and WI~ERE.~1S, the peiition sets f~rth atn:e a.nd corr;:<t tl;.sc*:~atit~n oT all tt_e etiterior boundai•ies ofthe entire area prc~pc>>ed to be annexe~ to thc "I'own ef :',~Ia~~~aia and had attached thereto at all time~ an accurate map of the tei-ritory desired to be~uvtexed; ~~±i~ Vb'HEKEr,S. no aiterati~~i~s iucr~asing or reducin~ the terri.tor; sougFt to be anne~e~d havz been made after i}te petition w~ts si ;rn~ by ~iny ow'nc`r Ctf real an~ persc~ial properiy i n suGh tLrrito~~y~; and WHF.RFAS, A_R.S. yS 9-~477.(T-l re~uirCy tr~c Toum ta adopt a transitional zonirig. cl~;sification, whie:n ~rmits densit;~s no greater char; those pen.Zieted by the coun~~ hefore ~ine.xation_ and • titu;,,ia. Arizcr~ Ordinaixe Ni~. 99-1.,4 ~a~e .1 pt ~ 1'_!`1'~~S ~JF; 1F, L'.f HO~:HULI :'a'=~50~~, P:;i_E i~-. • W~-,TRE:1S, t;~.e z~;ning class.fic~~:~~~~ aEl ti.e ~rc~i 2rty pnor to :.~ui:xation wa~ "Pima County 7_~nt: FN" t..Rural Home~tea~) ~~id t~e n~c~? cc?rnparable ta~3n z~ning cl<<ssification, whic:€~ doe:s not perr~it greater derisities and ~~es, is "Tawn c~: t:larana 7~ne AG" {.4~riculturFl and WHERE~IS, tlie p4~ovisic~r.s oPA.R.S. ~ 9-~71, ancl ~nendments ttic~reto, haz~e be.en lullti• observed; and ;VHEREAS, ~roper and suffici.cnt ceriificaiion an~ ~.mnf ei the far~goin~ faa~ts are now on iile in ch~ office af tl~e town elerk of the TUwn Uf I~1ar~ia, tagether w~th a true and carrect a~pY oE~ che original petition referred to h~rein, w~ktich is on rile in the of~ice of the co~znty recorder. ~OV1' THEhEFOF.E, ~3E IT C_~RI~~INED by the Mayor a~~.d Council of the T~ti~m of M::u:3na. Arizuna, that: 1. The territur}~ l:nu~~: ~s the Maranz~ High School ~u~n.exation is anncYed ii~to the To~vn ot ?vlarana an~ that ihe ~-~resent eorpurate litliits are extendeci and increased t~ include the descri~e:3 ar~.a. ~ A copy of ihis i~rdinance, together ~ti~th an accurate map af the territon~ hereby ~ annexe~ to the T'.>wn ~i Mzrana, cert~tied by ti~e l~ayor c~f saic~ ~'own, be forthwitt~ ~iled and recorded in the oflice af the Coiirn~ *~~i:order uf Pima ~:ounty, Arizona. The zo.ning C1~13S1f?C~iil0I1 ~~"Pi..nia Cc~,nt~ Zone Rk" (;R.ural Homestead) is h~rehy changed t<~ the most comparabie to~~r z+~ning classi~catic}n, which is -`Tov~~z~ of Marana ~.~ne .4G" (Agxicultural). ~'ASSED AND ADUPTEU hy the Mayor and C:ou?ic.il :~f ~~:e To~m ofI~far<uia, ~ri.?.~na, this 1 bth da~~ afi F'eoruary, 1~49. M~5-cr OR~ ~tAF HARN ,4TTEST: ~andra L. Groseclosz Tciwn Cl~rk APPkOVEP AS TQ F(7E? M: Daniel 3. Huchuli Town ~~tornev • !.lsrtii~, A-:xom Ordinence ~la. 9')~4 P3~C ? Df 2 .i'=.'1~'Il'~3~: it~:1F, F_G~='±=_,`~+= I:._ H0~_HIIL= u• F'~~~E iil_ t • LO~:ATION MAP • . Muana. Anu,na C}rdinan„c N~. 99~16 121193'? -=+E:;= ~,=~~~=~a__,~~'; r,.1 HIJ:_;-il_q_i ~'=;~_Cu=, F':;i~E i_r? , F. ~u . . , , i ~A~q.~t!e .h'lGf.~ ~S'G'.~IOJL ; o~:.~s ppRTIONS O.o" .:~c~:~p,,;~ ~~.~':~'~',~'~4Tj0; v • ~'•P l.2 ~ G!~Tff R~IrL 1!~^,d„-~',,C 2~ Pg A.~O ~ q Pl.M,~ CJU~1~T3' ~..'}'J.T .L~;'~ S.~GT P?Y~ +v ~{rr.o1L'~a V ~'-ti;-J . , I I T~~~` F~;~l.-i'j ~ ~ O.~[~ ~ ~ „`----~--Y.~~-~,,~__._,--• I i I j ~ .SEC. ~ L 2a ~j -y~ ~ i ~r ~ r, , ~ ~ f I ~ c ~ ~ ~ L. ~ ~ ` I I ~ I ' ~ ,~i! ~LL~~N ~'F /t-r~ =:~;i%:..~ f;'~L~ ;-'F c'-„ _ l~li.i~r, ~ ~ a 1.~ • ~ A i__ ~ - ~.-~-1-~-~_ h~/ ' ' 4~ . . . ~ ~ \ 'I y j ~ ~ 7C . ~ " i ' ~ r, i, s c _ I ~:~%G f'tCJ.~_ i,', ~"i~ci. 4'; , i ~ c-r• :E~ i•,,;'~ 'f ~`C ' ^,~r ~i)f' :.^7.9 \1~1~~~~'', ' ~v ( 1. ~e,..,cy;,,, , S~ - ~ v~.~, r ~C~Y1[<. ,r %f; . ~ ~dRF17P:.A -.it'f: !,!I','y' ~ 1~l J.' L i _ , ~~r?~; ; ~fl;._`~ '~5 L~ ~ } ~ ~l`•~~0~ ~ e~~,. " _ . . " ~ .~1'.` r." ` ' ,,,x4, "i' ~r~~ - C r;. .,VC . ~ ~ a ~y~~ -^r~• ~ ~ a' w ~ 1:s1te~ ~ ~ TOW~1 COUNCIL TOWi~1 ! MEETING pF INFORiti1ATION NIARAi~1A DATE: February 16, 1999 AGENDA ITE~1: I X. D ~ i TO: l~layor and Council ' i FR01~1: Dick Gear, Community and Economic Development Administrator ~ SUBJECT: Ordinance No. 99.05 - Section 19 AnneYation: Consideration and approval of an annexation comprising a triangular parcel in the northeast quarter of Section 19, Township 12 South, Range 12 East, Gila and Salt River Nleridian, Pima County, Arizona. This annexation consists of approximately 25~ acres. DISCUSSION: The To~vn Council conducted a public hearing for this annexation on January 19, 1999, and staff is now requesting Council action. The proposed annexation comprises an approximate 25~-acre, trianeular parcel that is ~ conti~uous with the southem boundary of the Saguaro Springs Project which is located in Section 18, T12S, R12E. This annexation takes in approximately 1500 feet of riQht-of- way alor.g Twin Peaks Road. v The Town has received a signed petition from the sing?e identified property owner. All notification requirements have been properly complied with for this annexation. The anneYation meets the requirements as set forth in A.R.S. § 9-471 (annexation statutes). This is the final step of the anne:cation process for the Town Council. According to the Town's anne~cation requirements, the 30-day waiting period after the onQinal blank petition was recorded ended February 6, 1999. The Council can now approve the ordinance annexin~ the area into the Town of ~Iarana. RECOl~IV1E~IDATION: Staff recommends that Council approve this anneYation. SUGGESTED NIOTION: I move that the Council approve Ordinance No. 99.0~ for the annexation oi ~ aporoximately 2~ ~ acres located in Section 19, To~vnship 12 South, Ran~e 12 East, i - ' ~ursuant to ihe stai:'s recommendation. ~ ~ ~ i ~ i ~ ~ :~Di~l li 1/SRGi2/~i99 } - ~i ~.i7fr~' ~ _ -u.Y7'1 t ' q„Y ~ _ ~ - i ~ ' i ' y j ~ ' I ~ r\ Q~::. •.G. . ~ g;; ~ , ~ ~ = c ~ ,.,}1 ~ ~ ~ ~ g g ~ .~i r.l ~+tE ~i ~i~ . I -EtiGT ~ :u~?~:~ ~ 'i~~ ~i Si "~ry. " \\~1.,, - f~:V? `^•S t,' ~ 0 a I \ ~~~~4~~//~~ . ~ ~ ^ I - SAfTWtO ? 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C~1~ :u:~ S.~lt ~,i ar., Pttna o~r:, ;:?or~ ~:~~;c~l3ii~'iiC5C71Oc'C d5 fol:cw•~: P~G??r~:IN~ thc ilot'~`:~~z .;;^~e: of a.i~ ~cc- . 19; ~^=`+CE ~lcn¢ J:e E3:t l;r.: ot :~:id ~~-:;on ! y, - S::ut'ti i,;, ] ~ ~ ~ . 10~a,;6 :o !.hc Sou:h tr;t a di~nc_ ot ^ ` ~:~L-?f-E~::;r o~ T',~'tn °:~!c? ftJad :s `-_0~.~;1 ~ Rc:.. ,vtz~s a; ' ~t= E.~•~.; _ ur . - , T-~+CF al<:n~ :he ~d ~~i Ri~:z-=1-',~'a,, s~ ~f i wi: 2~a~. ?~cr~ ; - 1~.. ~~cs;. a ,;i~:: c:cc cr 3106.8-i ;e~. :o a rroin[ ~ . ` L i~i2 .R?Si '1~° 0' :.~:C C~i ,~,.?I~ Ji ~~t L_L~.l 17_ L ~ - .i~.C C.7.~.i i.~i -":t' liU'i .~.`~~:.i:.fpr"~l:l.):~:!1:71 • rV`,~~-~ :.1CII< $cl~ ~:'C.i IrnN ~;:}i~.: il~° J_ t..^_.. ~ ~ ~ - " C.~~:c2 0: I.~o iec• .o c.~.e Ho'7' (ine ot a.i~ Sec~on i 9; . 1='~"'L= :;id ~'orb iirt \a.~Z gG~ ~ 5,~~~ F.~..=c. d:~c~~ ~'o~; auar[zr cor.-e: ~i s~;d Sc~.:on 19: te~- :o rrx i['.T~~I.G CUl:(:IIUiII2 11JP. L:'. ' _V I' r' S _.'.lU (;'_'L~.: .'IlC C. Jt^~J:'1 ~ V ~;~C Q.~% ~d5~tlcc u1 ~:01~. :h: ~~_irJ-r - F~ ~ , ~.^if} _~J'~ ~ (i cE~~~: i1~(i: C~ i~~'1IC._ ~:;GI::IL': i.'= j Grlb Sy~t2 ;Z~(. GT :4 'j ::~:~5. :r, ~re .>r P - _ ~ C;1=~_~i ; ~iC't~,~. =,?'1i.. - _ .ti~. ,.~Y~L~,\D ~ , \ a..d 3. i~ Y,~ V A ~ ~ .'t. ~ : ; 7n="°`~`~ i a Jj~ r ~5~~,•' l " ' j C~ / ' l~ Y~v • _ _ ~ AFFID.-~VIT Comes no~v the aifiant,~~ i~~-%~~-~~~~ ~~~-~+L , an authonzed avent oi the To~vn of Marana, and hereby files this aifidavi[ in compliance with A.R.S. 59--',71 (~)(6). Affiant affirms that he has conducted reasonable revie~v and research, and has determined that no par of the temtory in the attached proposed annexation is alreadv subject to an earlier tiling for annexation. Furher, aifiant saveth not. ~ ~ ~ ~ • STATE OF ARIZONA ) ~ JS COLINTY OF PIti1A ) SUBSCRIBED, S~VOR~; TO A.~~ ACK~iO~VLEDGED 'oeiore me bv ~ •,~ftl~~)~~ the above stated afiiant, this ~<?~'~~dav of~,~%<°_.%~~'~~:>~~;: .1999. !l / i ` y. . ~i - , % ~;oi~rv:~?ublic ~ - '~t)' C~~r.-~li_sion E~pires: ..~~,,,,..:V..._., ~.,:::ra.. . - ~ . i . - ~ ~ : {1'_. ._/l'??4 ~1:.1~, ~~_.4-,_'~_-,"~= L._ HI]i_HI_IL: ~--''-u_- ~'+~'i 1-- ~E i': 3 • M~R~N~~ ORDIN~~I'~CE V~. 99.~5 AN ORDINA_tiCE ~:XTE~ID1NCi ~~~U NCREASING TH_~ COPu~URA ~ E. I,IAZiTS OF '?'HE TnWN OF hI.~RA?1A, ARIZONA, FLIRSC?.4NT TO TH~; PFtO~~ISIUNS Or TITL.F CI~ APT~R ARIZONA F~'.~;VISED STATL~1'~S, A~IU AMENDMENTS THFRETO. B`c' .4NT~EXING THERETO THAT Ti~..RITQR~' KNOWN AS SEC'"TION 19, ~VHiC'H IS CGNTICii_IpUS TC) T~-~F F~ISTi;~1G T(]WRi LI3~11TS OF THE TOWN ~F MARA~`1A, ~:RIZONA, aND C.HAI~TG~G THE Z_O~IT1G FP, UM ~°PII~~I.a COtiNT~r ZON~ RH" TO "TUW~r GF M.aRaN~ ZONE R-144.'' R'Hl~2,FAS, a petitic~r~ i r ~vritin~„ a~;coinpanied by~ a rt~s~? or plot of said real pro~ertv; ra~~it:~ hee.n fil~d 3n~ y~re>ented to tl~e M~~yor arid ~:ouncil of the T~v,n~ c~# Marana. ~+rizuria, signed by the p\\T,~Iti of :T~o:e tl~an r~ne-lZalf in value of the real and persenai ~rc~perty and :ti.or~ ;ran otie-half~ot` the p~rsun5 ov.~nir~~ reai ard personal property thai w•ould be ~ubject to t~xarion by the Town of ~!(.ara:1~ 3S s~lawn Li~~ iast assessr.i~.ent of said proPerty, said Yroperty is contiguous to the Tou^i of Marasia, aud r.ot n..ow~ embraced ~~thin its limits, asl~ing t~.at the preperty more particuiarly hereinaft?r de5cr;bed be anrtexed to tre Tow-n of Marana, and to extend and i.ncrea~e the corpc~rate limits of t9~e Tou~n of M:trraua so as ta embracz same; and • WHEREAS, th.e May~r and Council ~f the T~~v~~ oi I~-1~~r~na, Arizc~na, arc c'sesirt~u~ i~f com~lying wlt~'1 531~ pZtitiori at?C~ ~YtZri~in.~ and incr~asino tlYe camorate lin;its of the Tow~ n* 1~4arcina io ir.clude said territor?, ~~~hicl~ is approYimatel; 25 ~ acres; :~nd w'HERE!? S, the Section 14 arinexatiaa. is a triangular area located in the northeast quane~ of Section 19, Township 12 South, Ran~z 12 Fast, Gila ~~d Salt River It~leridia~t, Pima Caunry. ~.rizuna; as;d ~'HEREAS, the. petitioi~ sets fc~rt~i a inie and correct description ~f al', thc exterinr baund~xies or.'the eniire area prc~Fescd to be anne~ed to the Town of Marana and had attached thereto at all times an ~ecuraie m2p ot dle territory de.ircd tc~ be anneYed: acid Vl-'HERE.4S, r_o ai«r=ti~}~~s increasin~ nr rzducing t5G ter.itory scu~nt to bc an*.lexed ha~~e beert nlade after ihe petitin~i l~~d bzen signe3 by any owr.er «f rea3. ~nd ~ersonal property in sucl•i terri[ory; d.*7d ~~HEF~E.45, A.R.S. S 9-471(Lj ~r~Lire~ rhe ~ own to adC>r t a tra?i=iti, na.l zuning classifieation, ~~rhich permiis d~nsities r.o g;e3t~r ih~n those pe.n~itted bti~ the ceu.rty b~fc~re a.7nexaxi~n; and ~~~H~~ aS, the zoning classi fication on th~_ prnp~r`y Pri~r tc~ ~Yn~te :3tic>n w~ "Pirri1 CO'1.t1t;.' Zone RH" (Rt:ra1 I-Iomeste~dl r~~a Liie iiiost Comparable toHm znning cI•»sGitieation, wi~ich uoes no[ • ;~~?r:,n?. :a,-;2on~ ~:irAinancc tin. 'i'J-0~ Page l cf ~ ~:i'_. 1=i1'~g'~ GiE: 1~ ~;~=r_~~ = L_f ~O~=HI_I~I -;~~=;~=,Or. F':ii,E ~ _ _ • pertnit grester densi!i°s and ~:ses, ;s "T~~~T, of Marana Gc~ne R-1 ~4" (Resid?ntial 1~~ Acre I~linimum Lot Size): and W}-TEREAS, the ~ravi;;ons af A..R.S. § 4-411., and amendm~ncs t~?eret~~, have been full~ obser~ed; and r W?-IFRF.~,ti, pr~per and suIflciellt certificatic~t7 ?nd pr~of oI ti?e foregoing f icts are now ar, rilc ±n the oPfice ~f the ta~vn clerk of the Town, of ivlaran.p, together with a trae and eorr~et eop~~ n~' zhe OC1~lIlA; peti.ti~~n rPferred to herein, u~hich is on tile in ihe office oC the county recorder. LOW THEREFQRE, BE IT URDt3INEU by the Mayorand C:~uncil ofthe To~~m of Marana, Arizon4.. tha~: l. The territory knewn as the SQCtion 19 annex~tion is an:zexed into the To~m of Marana and that t~`~e present corporate limiis are ~.x~encled anci increased to inciude :~ie describe~ area. 2• .4 copy of this t~Zdinance, together tivitli a:l acet~ate ;~~ap of th~ *~rritory hereby ~:n.r.exed kn the Town of Marana, certitied by the Maycr c,f said Tuwn, be forthti~-ith • iiled and r~corded in the office of the Cotmty~ Recorder ~~f' Pima Cuunty, Ari~nna. i. Th~~ zonir~g clas~itication ~~f "Aii~~.a Couz~ty 7_.ocie RH" iRurai tiomestead) is hereby changed to *.he most comparable tc:wn zoning classif~cation, tii~hich is "To~nh of Marana ~or~e R-144" (Resi~er:ti ;1 144 Acre Minimum Lot Size). F.4SSFn A,I~ ~7 A170PTED bv the Ma~~or ar:d t=olu~cil of the T;~wn ~f Iviar:~na, Arizona, this 16th day of ~ebruary, 19~9_ ~vfayor ~:R:a tiJAE HARN ATTEST: Sancira L, Grasec3osz Town Clerk AFPROVED AS TO FORM: Daniel J. Hochuli Tawn Attor*rey !~iara~s. Arizccu OrdinaMC Nn. ?9 ~S p~g~ ~ t~f • ;i_~. _'=.+''1'~+;~~ ~=i~:15 F~_4i'_y:''1~~=. L_~ H~li_HI_iLI ~'='=,I_~f=. o~i~E „c t ~ , - . . . . a. . ~ = r ..i _ ' _ _ ' " F' . ~l 3 ~J, ` ' _ ~ ~ ~ ( . ~ - ~ y I \ T\ ~ f` _ ~,1 1 + ` ° ' ' ' ~ ` ~ ~`ry ~ ~i-~ . ~ y~ I ~ ~ ~.,.c , , - s ~ g ; 3 : ~ A sr ~ mw.! .e ~ ~ ,~~~f T ~ F y. `;n~ $7 ~ ~_fj/ 1 ~ ~ ~ ~ ''~~~I ~ •T ~ \ ~ ~ , UaL8C4T ~ ~ ~1 ~aw ~ 1 ~ r~ ~ ~ ' .i~.:r . . . ~ . . . . . . i ~ . . ~ ~r` I _ _ 1 1 ` . . : ~ ~ ~ - , -I ~ : ~ ~ ' !~i/. ~%l i ; ~ `1'*~ ~ . - ~ ~ ' ` i i + / ~ ~ ~ ~c.:. `c, ~ ~ : _ I ~ G' " . _ . . ~ , ~ . . , : . . ~ ~ . , $ , . ~ _ ~ . - 7 ° ~ ~ ~;~e~, - l ~ ~ ,"1"~ ' ~ L141(~~~OR1C'1 , IL . ! j:<o ~ e,~;y. _ . ~ .3~ ~ ~ ~ ~"11\~ L~T~ € •i : ~ ~ ~ ` r^i a K~ ~ i ~ . ~ ,-~,L-` ~ . . °°=~°"°c'~a,- ~::q : - : _ _ , ~:x~~ i ,~4°... .-.w:: ~rr:~s: 1~:'~1~`~,:::.:-- , ~ ~ ~ ' ~ =....51/ y 111~QA N rj ~ ~ f`:' i r ~i _ . :t~ - ~ - - ~ ~ y ~i . I : . . ~ ; ~ ~ ~ C'or~ t~.I-1 ~ ~ ~ , _ ~ ~ . ~ ' ~r~tt~: ~ Q; ' ~x~.•.; a~ f C~C` ~ ~ ~ S ! T ~ ~ I ~ ~ ~ i ~ ~ ~1:i1~;~. ~ , s.., E ~ ! ~z_ 1 ' ~ ~ I ' l I ' , ' ~ f f* , . - ~ ~ - 's~n~ ' „d.~ b~~~~~~.'S~. t ~ ~ ~N . I ~ ~.'.rE = ~ y~ y r L~ ?y'~ ~ ~.'Si . ~ - - . . - ~ ~ ~:^.i~` i F ~ + ' ` - - - - _ - - ~ - - _ ~ J w _ _ ` y, ; '`.r 4 a, Y ~ _ ~ " _ ~ 1 • - - i ~ ~ ' I ~ (~.i I~T~ , r;; ~~,~~.1~~ ~ ~ ~ f ,iji o \ I, F.~ ~ r ~ ~ ,M C:.:n ~ ~ ~w.,M . ~ L ,rT ~ //I ~ ~ i ~ ~ ~~~a4~lt~~ ~ ' ' S~~11~~~ ; ~ . ~o.~ i - ~ ~ ~ _ , ~ ~'~1~~5 T~ ~ ~ ~ ~ ~ TOWN TOWN COUNCIL OF MEETING MARANA INFORMATION DATE Februa 16, 1999 AGENDA ITEM: I X, E T0: Nlayor and Council FROM: Jerry Flannery, Development Services Administrator SUBJECT: Discussion and Presentation: Request to address the Town Council by Lisa Konti regarding drainage issues that she is experiencing on her property located at 5496 Playtime Drive, M ana, AZ 85653 ~1 ~ ~6~v~e- ~ ~-~Q C~. DISCUSSION: Town staff received a phone call from Ms. Lisa Konti on July 8, 1998 regarding the drainage on her lot located at ~496 Playtime Dnve, Marana. At the time the Town ~vas contacted, the builder of Ms. Konti's home, KE&G, had been trying to help Ms. Konti rectify the drainage situation by installing a shallow ditch with two PVC pipes. ~ Although this matter involved private property, staff eYpended significant effort to help resolve the issues with Ms. Konti. By conducting field revie~vs, investigating lot grading ~vithin the subdivision, and withholding partial assurance releases, staff attempted to determine the source of the problem on Ms. Konti's property and to address the potential of similar issues occurring on other residential lots in the area. A chronological history of the activity on Ms. Konti's issue and supportirig documents is attached for Council's review. While it is unusual for the Town to get involved in matters regarding private property, staff believes it is important for citizens to have an opportunity to present their concerns to Council, and has, therefore, ~vorked diligently to assist the parties involved in the resolution of this issue. RECOMMENDATION: That Council direct staff to continue monitoring the situation. SUGGESTED MOTION: None, unless Council directs staff to commit further involvement of Town resources on this matter. • DS,~/ADMIN/JF/i~(CH/12:13 P\-I/02/09/99 2700 E. FRY BLVD., SUITE A-7 ~ : - ~~\\~~~~j% SIERRA VISTA, ARIZONA 85635-2802 . ~ (520) 458-9594 , F4k~,~ ~ ~ FAX (520) 458-2362 ~ ti~",' , ~ a ~ C~. } ; 5100 S. ALVERNON WAY ~ TUCSON, ARIZONA 85706-1976 (520) 748-0188 ~ FAX (520) 748-8975 February 8, 1999 Mr. Jerry Flannery Town of Marana 3696 West Orange Grove Road Tucson, AZ 85741 Re: Cisa Konti Property Dear Mr. Flannery, It is my understanding that Ms. Lisa Konti will be on the agenda for the February 16th meeting with Mayor and Council. It is also my understanding that her reason for this appearance is • concerning her home and that KE&G will be the subject of her address. This forum for complaints is one that KE&G has never encountered in 27 years of home building and we are a little concerned about the ramifications with the community including our present home buyers and our future home buyers. KE&G intends to build homes in Marana and Tucson, well into the 21S` Century and we want to maintain a good working relationship with the town and demonstrate that KE&G does care about its customers. With these facts in mind, we respectfully request that we be given time to tell our side of the story, immediately after Ms. Konti speaks. Our presentation will take five to seven minutes. Sincerely, ~D~~ ~fti~ Tom Coveli, VP KE&G Homes . ARIZONA CONTRACTORS LICENSE NUMBERS: 041454-006; 069882-009; 071507-006; 0998746 ' ! - . , , , ; ' ~ ~ MARANA `~;:/1\ l~EMO1~ANDUM TOWN OF MARANA P~iJBLIC WOl~KS DEPARTMEN7C TO: tl~Iike Hein FROM: Dave Atler DATE: 1-25-99 RE: Lisa Konti - Villages at Red Hawk Lot 79 cr. Jerry Flannery Per your request I have pulled all of our information together on Ms. Konti. These notes represent a ~ portion of the conversations had with Ms. Konti and KE&G. They should also show the extent to which staff went to try and resolve the matter. By the time we got involved y1s. Konti and KE&G were very frustrated with one another over other issues as well as the draina~e. Given that we could only do so much on private property, we still withheld releasing other Assurances for the subdivision. Town staff did field reviews for other lots requested for release. As you and I discussed, ~ve could only llold the other lots for a short period of time for fear of the other homebuyers potentially losing their earnest money required for the home to be built: 2-19-98 - EEC submitted letter certifyin~ lots 4~-11~ completed in compliance with plans (letter attached) y 7-14-98 - John Siath sent letter to EEC re~arding Lisa Konti's complaint (letter attached). 7-24-98 - I called Lisa Konti. She received John Siath's letter dated the 14`h (attached) and said Ryan Bale had not called her. I said I ~vould meet with her the following week. 7-29-98 - I called Ms. Konti (AM) - not in -left message. 7-29-98 - Ms. Konti called me back. She and Ryan spoke - EEC's surveyors are on her property for the as-built. I reminded her I would be at her house that Friday. •7-31-98 - Ms. Konti called and asked me to brin~ a copy of the lot ~radin~ with me. 7-31-98 - Allan Arnowitz and I met ~vith N1s. Konti on her lot. There has been visible ponding around her house. She showed us pictures of the lot after rains. Mike, of KE&G came over and spoke with us. He ackno~vledged that his landscapers tried to fix the problem, and they shouldn't have put in pipes. He'11 check with them and see what they can do. I indicated to them that we would allow scupper through curb to help drainage and hopefully remove pipes from her lot. ~ 7-31-98 - I called Ryan Bale once I returned from Ms. Konti's - no answer, left message. 8-1-98 - John Siath sent letter to EEC regarding EEC survey. 8-3-93 - I called Ryan - not in, left message. 8-4-98 - Nlyrlene Francis called Ms. Konti. Notified Ms. Konti that Town staff would be completina field investi~ation on her property. Confirmed that staff had not yet received EEC as-built. 8-4-98 - Staff received EEC survey and cover letter (letter attached). 8-6-98 - Staff completed field investigation, set up field book and started sketch of cross-sections. 8-7-98 - Allan Arnowitz returned to Ms. Konti's house to remove survey markers staff left the day before. 8-11-98 - Staff plotted Town's field information vs. EEC information to compare relative data. 8-17-98 - Ms. Konti called me (AM)- Mr. Covell at KE&G told her the sidewall< in front of her house was 6" too high - she said she ~vas going to hire a lawyer to get KE&G to fix the problem. 8-17-98 - I called Ms. Konti back (PNI) - not in - left message that we didn't find same elevation ~ difference as claimed by Mr. Covell. 8-17-98 - Ms. Konti called (PNI) - I repeated my earlier messa~e that ~ve didn't see the 6-inch "bust" claimed by Mr. Covell. She said she wants to speak with Mayor and Council. I told her I would prepare memo to Council preparing them (attached). 8-18-98 - I sent Mayor and Council memo regardin~ NIs. Konti. 5-24-98 - I met with Tom Covell to discuss drainage problem on Konti property. He said NIs. Konti changed her mind again regarding taking lot offered to her 168). He said she ~vould have to pay any - difference in cost bet~veen thertwo lots. She accepted offer the day before, but KE&G will be rescinding their offer. I told him Ms. Konti did not want her front yard changed. He said the rear wall was held back at escrow at Ms. Konti's request so she could get an earlier move-in date. He stated that the final lot grading and landscaping were held back too at Ms. Konti's request (thou~h he didn't remember if it ~vas in writing). He said KE&G was willin~ to regrade lot to drain and re-do front landscaping. He said he was going to send a letter to NIs. Konti rescindin~ their offer for the other lot, and that they had not yet informed her of this. 8-25-98 - Received faY from Tom Covell of KE&G (attached) to y1s. Konti. 8-26-98 - I called Ms. Konti at home - not in - left message. •8-26-93 I called N1s. Konti at ~vork. She said KE&G's claim that she rejected ne~v lot 5 times was incorrect (letter attached). I said I met with VIr. Covell and told him lot needs to drain. Certification by EEC (attached) does not relieve them of their responsibility (see meetinQ notes above). I asked her to sit with Mr. Covell and I so ~ve could ~vork it out. I offered to mediate but she said it ~vas too late. She also said she would not allo~v KE&G to enter her property to fix the problem. She also said she didn't ~vant them to drain across her front yard (as shown on plans and typical for this kind of lot). She also wants rip- rap on slopes and a flatter slope on the west side of the house but she doesn't want slope to extend into lot (even though this may be necessary in order to flatten slopes). She also wants the sidewalk and curb ~ lowered in front of lot (even though street would have to be lowered too - this area still does not appear to create any problems). I told her I could not require them to do anything not required on plans. She said she's un~villing to discuss options with KE&G if they extended the slope into yard (per plan). She asked for a letter from me stating what we found in field (letter attached). I informed her that we're not licensed surveyors and that our work was done simply as a check relative to the approved plan and EEC's as-built survey. I a~ain offered to meet with her and Mr. Covell, but she said her lawyers will deal with KE&G. 8-31-98 - Sent requested letter to Ms. Konti (attached) 9-1-98 - Sent memo to Mike Hein (attached) ~ ~ • iYIARANA i \ M~11~[OR.A.ND~JM ~"°'~'°N'~ TOWN OF MARANA PUBLIC WO~S I)EPARTMENT TO: Nlayor and Council FROiYI: Dave Atler ~ D~.TE: 9-1-93 RE: Lisa Konti Complaint - Villages at Red Ha4vk Lot 79 cc: Nlike Hein / John Siath • I met ~vith Tom Covell of KE&G last week to discuss the drainage complaints made by vls. Lisa Konti. He informed me that KE&G had offered Ms. Konti another lot, but that she could not make up her mind whether or not to accept it. They were not "giving" her a lot - she would have to pay any differences for lot premiums, etc. I ~vent over the lot deficiencies with vlr. Covell, and he said he was willino to arade the lot to the permitted plan. He also claimed that ~Is. Konti knew the 1ot wasn't jraded to plan w~hen she moved in, and that changes she requested caused the draina~e proolems. It is difficult to understand ho~v she could have caused the problem. She is frustrated ~vith KE&G and they are frustrated ~vith her. She has told me that she is unwilling to allo~v KE&G on to her property to regrade the lot. I told NIs. Konti that I can't force her and KE&G to - - - - - ~ work together, a.~d I ca.~'t holc~ up- KE&G-if they ar~unable to -go on -her property- fo try and -fix~ the problem. I also offered to work ~vith the t~vo parties as a mediator if she was ~villing, but she said she is ~oin~ to let the lawyers deal with this. • ~ ~ s ~ ~ ~ ~ I \ / ~ \ TOWN OF MAAANA - DEVELOPMENT CENTER PUBLIC WORKS DEPARTMENT Au~ust 31, 1998 l~Is. Lisa Konti 5496 West Dove Peace Drive Nlarana, Arizona 85653 RE: Lot 79 Drainage Dear ~Is. Konti: ~ As you know, on Au~ust 6th of this year two of my staff performed a minor e(evation evaluation • on your property. Selectin~ your floor elevation as an assumed, relative benchmark and usin~ a TOPCON Auto Level, they took several elevations alon~ the ~vest side of your house. Please note that these staff inembers are not licensed surveyors and our evaluation is not being considered by us as a survey. The purpose of this exercise was to aid in our review oi the EEC survey as sealed on July 31st Since both e~cercises were independent of one another, none oi the EEC points are Iocated at e;cactly the same location as any of our elevation points. However, several of the points were taken close enou~h for us to conclude that EEC's survey and our wor; sufficiently match. - I hope this information helps, and that you resolve _y_our issues soon. Sincerely, ' D id M. Atl , . . Public Works Director / Town En~ineer cc: Mike Hein / Town Nlana~er ~ •rP,OM : PHGF~E t~0. ~ Au9. 25 1998 ~7:13AM P1 ~ U`~l ~ a ~ • ~a David Rtter From: Tam Covei( ~c 748-3975 ~9~ ~ Phonec 748-0188 Ai:g~t 25, 1998 im: Lot 79-0ave MourrtaiNLisa Knrrti ? Uig~itt ?~or lteview x~ieas8 Gon~trrsent Q Pteasa Reply ? P1ea_~se R~cycie • Cammants: jClidc hera and type Commenis] • pavid, I am noi sure what her wrcrk schedule is, therefore I am not sure whan sha will get it I wiil have it to h,er nouse by 3 PNi. • FP.OM : PHOPlE tJO. : Aug. 25 1998 07:14A~~ P2 • 2700 FRY BLVD., SUITE A-7 ' ~~\ll////~ ~ SIERRA ViSTA, ARiZ~NA 85635 (520y 458-9594 -a FAX (520} 458-2362 y - F " ~ - 5] 00 S. ALVERNOV WAY TUCSON, ARIZOI~IA 85706 (520) 748-01 So FAX (520) 748-3975 August 24, 1998 Ms Lisa Konti 5496 Playiime Drive Marana, AZ 856~3 R~: Lot 79 Dear Ms. Kar~ti, Throughoui ttie b~ilding ptocess or~ your present loi, our staff made many site visits wit1~ you to explair~ t2~e siopes arid drainage. They even painted the location af ihe wall ar.d house en the grour7d to he!p ynu v~sualize your yard in relatlon to the house. Since our canversation an August 16, you have not been abf~ to come to a IastJng condusion as to wt~ether or not yau ~nrant to move ro another lot_ You have changed your mind no less #han five tirr~es (twice this weekend) and because of this indecisiv~ness we feei that ~t ~s ~ not in th~ best interests of KE~G or its' empfoyees to move you to anoth.e~ lot. Your continued ref~sal to aitow us to grade your lot to plan eievations is causing tRe pondfng probfem depicied in the photographs sent to KarnJ George in (ate Jufy. What KE3~G is ready and willing to do +s to grade t~e lot and slopes accor~iing to pIans wfiicP~ includes re~qradtnQ and re-landsca~inq the front Yard. 8e#or2 you make a de~c;ision as to wi~ether you want to pursue legal femedies, as you have aliLded to, please fet us grade the yard-it just may meet wi~h your approvaL (t wilf cost you nothing_ To address your finish floor elevafion, I talkeu with Ryan 8a{e the engineer of recc~d, ar;d t;e said thaf tt:ey design ihe site io pad elevation and not finished flcor e!evation. Yoi:r pad efevation is ~er pian. T7~e concr~te flaor in your house is a"Post Tensioned" slab and is srx inches thick wiih a slight toQ down noi sight irac~ stem vv~alls and four inctZ slab as the enqineerinq plans indicate. - - - - - - - - - - - i wili be gfad Yo disatss the time and duration of the proposed r~grading ai any time_ My office number is 7d8-0188. Sinceraly, Tom Coveli Tucson AAanagef, VP Gopy: Mike Heiner, TowR Ntanager David Ailer, Town Engineer pCar~! George, Pr2sident ~ ARIZONA CON7RACTQRS LICENSE NUNIBEfiS:'~04~ 4b4-006; 069002-009; 071507-006; 0998748. . _ ~ NtARANA I \ MElVV~O~ZANDUIVV~[ TOWN OF ll~[AR.ANA PUBLIC WORKS I)~PARTiY1ENT TO: Nlayor and Council FROl~1: Dave Atler DATE: 8-18-98 ~ RE: Lisa Konti Complaint - Villages at Red Ha~vk Lot 79 cc: iVlike Hein My office has been tivorking with Ms. Konti over the last fe~v ~veeks in an effort to resolve a grading • complaint she has against KE&G. Her lot was apparently constructed incorrectly, but was certified (as required by the Town) to have been built to plan. We have required the Engineer of Record to As-Built the property, and have found that the lot ~vas not built to plan. Simply put, her lot does not drain. I am trying to set up a meeting ~vith KE&G to discuss my position on this issue. ~Vhile this is generally not an issue that the To~vn would be involved other than peripherally, my staff has done some survey work on the property, and we have spent considerable time workin~ w~ith NIs. Konti. For now it appears that our recourse is to ~vithhold fiirther Assurance Releases based upon our lack of confidence ~vith the Certification we received. At a minimum I do not plan on for~,vardin~ any requests by KE&G to take over ~ maintenance of the streets within this subdivision until-the issue is resolved. _ _ NIs. Konti is quite frustrated in that she does not feel KE&G is being responsive enough. She has indicated that she may address the Council at this evenin~s' meetinQ, so I ~vanted to give you some background. ~ . _ ~ ~ / ~ \ TOWN OF AAARANA - DEVELOPh1ENT CENTER PUBLIC WORKS DEPARTMENT EEC, Inc. Fa:ced 3/17/98 4625 E. Fort Lowell Road, Suite 200 321-0333 Tucson, Arizona 85712 748-897~ Attn: Ryan Bale, P.E. Re: Villages at Dove Nlountain (formerly Red I3a~vk) CPE 3~92123 Dear ~Ir. Bale, ~ • The Town of Marana has received the information requested in the letter of July 14, 1998 (attached) for lot 79 of the VillaJes at Dove Nlountain subdivision recorded as the Villages at Redhawk in BK 49, pa~e 3 l. The Torvn Engineer requests a meeting to review the information presented and determine a course of action that is in tiie best interest of all involved parties. The To~vn ~vill not process additional requests for refease of assurance for lots in the subdivision until the item is resolved. To schedule a meetin~ date and time, please call Jana Sterner at 682-4166. - - - ---Sincerely, - _ _ _ - - - - - - . . - - - - - Collins/Pina Consul- ~ng Eri~'ineers ~ ~ ~ i~ ohn C. Siath, P.E., P.L.S. Contract Engineer Town of Nlarana cc: David Atler, P.E., Town Enjineer Bob Vorholzer • / 1 I ' . C. - - _ , ~ . . . i ' , ~ ~ / - ~ ~ ~.e~ = ~ a~~ ~ ~ - C' ~ August 4, 1998 NIr. John C. Siath, PE, PLS Contract Engineer Town of Nlarana 13>j5 N. Sanders Road Marana, Arizona 85653 Re: Villages at Dove iVlountain CPE 3~92.123 Your letter dated July 14, 1998 Dear N1r. Siath, • In accordance with your request, our office has compieted a detailed As-Built drawing of Lot 79, as o~vned by NIs. Konti. This drawin~ is attached. Durin~ your review of this drawin~, I'm sure you will refer back to the As-Built drawin~ submitted by the Surveyor of Record for this project. Please don't hesitate to call if you have additional questions. Sincerely, R n G. Bale, PE °Vice President cc: Bob Vorholzer ~ Attachment ~ ENVIRONNIENTAL ENGINEERING CONSULTANTS, INC. r r__. ~.....,.ii ~.,-.a c,~~~~ ~nn • T~~~cnn Ari~~n~ 85712 ~(~?O1 321--'.0?~ ~ Fax: (520) 321-0333 _ w : r~ _ : «~Qr ~ ~,z3 . , . , - ~ } ~~~l~1 ~ ~ \ TOWN OF MARANA - DEVELOPMENT CENTER PUBLIC WORKS DEPARTMENT ~ Faxed 7/14/98 321-0333 EEC, Inc. 4625 E. Fort Lowe11 Road, Suite 200 Tucson, Arizona 85712 Attn: Ryan Ba1e, P.E. Re: Villa~es at Dove Nlountain (formerly Red Hawk) • CPE 3592.123 Dear Nfr. Bale, The To~vn of Nlarana received a call on 7uly 8, 1998 i:om Ms. Lisa Konti residin~ at 5490 Playtime Drive, ylarana, Arizona. tils. Konti's residenc° is on lot 79 of the Villa~es at Dove Nlountain (formerly Red Hawk). Ms. Konti reported the lot was not drainin~ (standin~ water) from recent rain storms. _ To remedy the standin~ water situation, a shallow ditch and 2 PVC pipes were installed to drain the lot to the south to Playtime Drive. T'nis work tivas done throu~h K.E:-& G. as stated by 1~Is. Konti. - - - - - - - - - Collins/Pina is requestinj EEC, Inc. (Engineer of Record for the project) to verify that the lot a ading (elevations) and the finished floor elevation are at the elevations shown on plans , accepted by the Town of Marana for the Villages at Dovz Mountain. This information will be submitted to the Town by July 22, 1993. If you have any questions or require additional input, please feel free to call me at 682-4166. Sincerely, Colli /Pina Cons ting En~ineers y~~ ' ~ . % J'ohn C. Siath, .E., P.L.S. ~`~Contract Engineer Town of ~Iarana cc: David Atler, P.E., Town Engineer NIs. Lisa Konti . I ~ tt.'~. . , ! 'i'~~~~ • ~ February 19, 1998 vlr. John C. Siath, P.E., R.L.S. Town Of Nlarana Contrac~in~ En~ineer 13555 N. Sanders Road Tucson, Arizona 8~633 Re: Release of Performance Guarantees Collins/Pina Project No. 3~92-123 Dear vlr. Siath: In accordance with Vlarana Ordinance No. 92.03, item "H", I hereby certify that the Construction of the Villa~es at RedHa~vk, Lots 4~-113 have been completed in • substantial compliance with the approved plans, specifications and applicable Town Standards, as established by the Town En~ineer. As you are aware, the Nlaterials and Geotechnical En~ineer for this project has been "Terracon" at 3>j S. Euclid, Suite 107, here in Tucson, (~20) 770-1789. During the course of their inspections and sampiing, an apparent pavement thickness deficiency was discovered. Additional samplin~ tivas performed and tneir analysis and eYperience indicates that the discovered pavement thickness deficiency of less than inch does not ~varrant additional ~vork and is acceptable per the PCDOT/COT pavement requirements. Please see and .refer to the_ attached- packa~e of test results_-and letter..from__ Terracon dated February 6, 1998. Thank you again and I look fonvard to your authorizing this release. Sincerely, ENVIlZONN~N i GNEE 1 VS ' ~~a~r F~ ti~~ ~ Ryan G. Bale, P.E. ~~x ~ Vice President ~\q~~ ~r ~ • Attachment: Test Result Packa~e/Terracon Letter ~~s,?+d u 5 r f:/Rvan/sia[hl[r219 ENVIRON~iIENTAL ENGINEERING CONSULT~NTS, INC. 4025 E Fort Lowell Road, Suit2 Z00 • Tucson, Arizona 85712 ~(5~0) 321-~'025 ~ Fax: (520) 3? 1-0333 • Summary of KE&G information packet dated February 1, 1998 Letter from John Siath, PE, Town of Marana to Ryan Bale, PE dated July 14, 1998 Letter from Lisa Konti to Mr. Karol George dated July 25, 1998 Photographs sent to Karol. George by Lisa Konti on July 25, 1998 Letter from Lisa Konti to Mr. Karol George dated August 7, 1998 ~ Letter from Tom Covell to Lisa Konti dated August 24, 1998 ~ Letter from Robert Little to Karol George dated August 28, 1998 Letter from Tom Covell to Robert Litt1e dated September 4, 1998 Letter from Robert Little to Tom Coveli dated September 7, 1998 Letter from Ryan Bale to Tom Covell dated September 3, 1998 Letter from Tom Covell to Robert Littie dated September 8, 1998 Survey of Lisa Konti's lot by Ryan Sale, RLS • • ~epruary 1, 1999 ~~~19V~~~'~ I~F~RN1~?~'S~N P~C~E~' KE~G allowed Lisa Konti to close on her house prior to our completion of the landscaping and the installation of her gate. Our landscape crew was in the process of final grading of her yard when she interrupted them and said, that she did not want it graded the way they were instructed to do. In fact, she threatened to call the police if they continued as they were. With the supervisor at another jobsite, they graded it per her instructions When our supervisor returned, Lisa Konti refused to allow any change to the grading. Lisa Konti's letters ~ pictures of July 25th and August 7th graphically show the results of her refusal. If you would look at photograph numbers 1,2 & 3 you will see the huge pond that was caused by the improper gradinge Look at numbers 4,5,6,8 & 9 you can see that it will drain if graded properly. Lisa Konti has a desire to install a patio in the area that is needed to drain the back yard, which would create a dam. I offered her the option of putting in a drain pipe and sump that would allow her to install the patio and still drain the yard. She refused saying that she would ~ • have to pay Roto Rooter too much for maintenance. What Lisa Konti wants is physically impossible on any lot she would buy. The offer that I made to move her to another lot was predicated on the fact that there was something wrong with her lot, i.e. ~ot built to the plans elevation or designed wrong, etc. The fact is the lot was built to proposed design grade, the house floor is 1/2 of an inch lower than the proposed , which is within normal construction practices. The engineer of record has certified (enclosed) that we can obtain a minimum of .5% fall and the plot plan cleariy shows that .7% fail is attainable, more than enough to drain the yard properly. His survey is the last page in this packet. As hindsight usually provides us with clearer vision, we should not have allowed Lisa Konti to move in prior to our landscaping and final grading her yard. But hindsight also tells me that l have tried every way I know to resolve this problem and have not been able to do so.~ If she will allo~nr us, KE&G will be there the next day to grade her side yard and re-grade ~ re- landscape her front yard. Sincerely, Tom Covell, VP • Kc&G Homes r, , , m ~ • - ~ ~ ~ • TOWP! OF ~I9ARANA - DEllELOPMENT C~~lTE?~ PUBLIC WORKS DEPARTAAE,~T Faxed 7/14/98 321-0~33 EEC, Inc. - 462~ E. Fort Lowell Road, Suite 200 Tucson, Arizona 85712 y~Z~ Attn: Ryan Bale, P.E. Re: Villaaes at Dove ~rlountain (formerly Red Hawk) CPE 3 ~ 92.123 • Dear Mr. Bale, The To~vn of Marana received a call on Ju(y 8, 1998 from Ms. Lisa Konti residina at ~496 Playtime Drive, Ivlarana, Arizona. Ms. Konti's residence is on lot 79 of the Vi1laQes at Dove ivfountain (formerly Red Hawk). Iv1s. Konti reported the lot was not drainina (standinQ water) from recent rain storms. To remedy the standintr water situation, a shallow ditch and 2 PVC pipes were installed to drain the lot to the south to Play~time Drive. This work was done throuQh K.E. & G. as stated by Ms. Konti. ` ColIins/Pina is requestinQ EEC, Inc. (Enaineer of Record for the project) to verify that the lot gradinQ (elevations) and the .finished floor elevation are at the elevations shown on plans accepted by the Town of ~Iarana for the Villa;es at Dove Mountain. This information will be submitted.to the Town by July 22; 1998. If you have any questions or require additional input, please feel free to call me at 682-4166. Sincerely, Colli s/1'ina Cons tin~ En~ineers / , i ~ . ~I John C. Siath, .E., P.L.S. ~ Contract Engineer Town of Marana • cc: David Atler, P.E., Town-Engineer i~fs. Lisa Konti i375~ Ss'+P1DEnS ROAfS 0.lAARP19 nn~~(,a~~ o<-~~ ~w - ~ July 25, 1998 Dear Mr. George, I have made many attempts to reach Rick Cook without success regarding the flooding of my lot, 79, Redhawk Dove Mountain. I have also talked to Mike, Chino, Bill, and Marla, regarding t'r!is issue and your secretary Rose two times. My phone call to the city of Marana is documented in the attached letter. Briefly, my lot flooded with standing water the we`~k of July 8th. That week a large amount of dirt was dumped into my backyard over my rear 6 foot wall, a deep trench was dug and the water diverted out the front. The water did make over 24 houx contact with my ~ foundation on the west side of my house. I believe the sub-terrain • termite soil treatment was violated (as described in NUD form NPCA 99A) . The following day, 2 small PVC pipes were placed near the entrance wall on the Southwest side of my house. The week of July 13th, a circular, small trench was dug out from the west front around to the east front. , These changes were made without discussion with me and without my conser~t. No one obtained permission to enter.my property despite the fact there was someone at home. The landscaper ran hose around the entire perimeter of my house rather than going underneath the driveway to water the other side of my front yard. I think there is a leak in this hose now, as I have seen water behind the wall and erosion in my front yard under my bay windows. A trench was dug about 18 inches from the foundation of my home and cov`;ed with dirt. Mr. George, I bought this lot in particular because of it's side width and the plan was to make a handicapped accessible area on the west side of my house toward the front. side walk handicapped accessible curb. The 3 elevation changes made to my yard now make this impossible. • I am requesting of youu a"replacement" lot of the same size w;ch ~ the same home since cnis lct ~as clearly a zaul.~y slab elevatior~. ~ July 25, 1993 Page Two The Marana town engineer thought tre slab was 6 inches too low (per our telephone conversaticn os July 24th, 4:~5 p.m.) anci clea-rly faulty elevation of my lot. I have enclosecl pictures and I am anxiously awaiting your reply. This new house is the biggest investment of my life and i find this matter very grave. My poor dad, who has. had a stoke, gets most upset every time it rains. He says, "the house is beautiful, the lot is very bad". Thank you in advance for your prompt response. , G~,~~~.~~y~ ~ Elisabeth Konti Home Phone: (520) 744-6552 Work Phone: (520) 533-2526 Sierra Vista Page: (520) 498-5511 • • a - ; ~Q ~ - - . - : ~ '~l' (C~O~-e-"1 j - - ~ r_- _ ~a. _ . t z. - . . I y ._r . ~ ~ I ~ - ~ l,(,~--2e..- ~z ~ . . , . . j ~ K. ~ ~ ° - 's~,. ~ ' " ~ ~ . I ~ ;'~'+'~T`•. . ~ ,Arr,e.~ ` _ ~"°'it~ -`Y'z~ a w - ~ ~.at'~'i`i'~ ~ :~rTyCar.;. . . ~ ~ v ~ V" y=~"'~ l_ - { ~ ~ ~ I _ _ ~ I , ~ ~ _ ~ . 'M .y ~ \ , ~ K, ~ S ."y 1 ~ . 1 , ' 4 Y4 ~ , -~/S,r.. , ~ ~ ~ ~ ~ ~i ^.s' . ' ` ; Mk~ ?~Yr"s,'~ ~ r 3 ~ :0`~~ k i K'n.',~ . ~ ~ . ' ''al' _ . Y ~ K 1 k _ 7~ Cy ~ l .1:~~~ ` ^~t,, ~ s~ 6 ~ ;r.i., L. " . ~ . . . . ~'m -E...~ . _ . q.~.:' . ~ . ' ~ S . ~f~'~z Th`~ ~ , f~:~7'~ , . x a~,•_ ~t, . .~r ro ~ ~'J. i ~ ~ . . r6%.a-e . . . ' ~ ~ ! ` ~~I r / ~ ' `s3~ _ . 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J~, . _ 2~,~; i~ ~ ~ " ' 't '~ir _ ,q , L#. ~~~e~~c~1 c ` f~ z~c.U -e~~~ ~`-~-e-s~ F ~ ' ~ " _T__~ ~ ~ " ~ i" (v~ i: 1 ~ I ~ ~ f :..a~~+'? ' . k: ~Y`' ~ . . ~ ' t t ' ~ . ~ ' t , ~ ~ ~ ~ ~ ~ ~=c~7`~t ~o~~c ~~~G ~ ~ I~~ . . _ ~ ~ _ ~ ~ ~ ~ YlJ ~ , ~ ~ ' ~~~5 ~ . . , . ~ , --a.a, . .w , e . . ~~~n"l~~.~ . `~t ~ G ~ ~ ~ , ~ . . i:; ~ ~ - 1 ~ ~ ~ ~ ~ ^ . ~ ~ ~ ~ l ~ - . ~ ~ ~ ~ ~ ~ 13 ~ r z ~ g Z . ~ S~. ~ . ~~i~-~- ~L . ~ - i~ ~5~~~ ~ ~ ~ ~r ~O l~ ~ .~Gu~ ' ~ ~ - ~ ~a~~ ~ . t ~G~~ 1 ~ ~ ~l ~o ~ ~ ~l~ T . ~ • ^ 1 ~ ~ ~ ~ ~ ~ ~ ~ l~~ ~ ~.eY~,~ f , . ~~~.e. ~ C~,~~ i~~ GU~~ . B-~2_ ~ ~°1-~~ G~~~ , ~i , . -~v ..~~~~r-`~' , ~ ~ ~~~t ~ ~ ~ ~ ~Q i ~ L _ ` ~ ~z~.2. , ~ ~ l/~~~, C~~ Cr~~o ~ ~ ~~~:5.~. ~ ~ ~~l~"" ~ ~~a.~ ~ ~ a . ~~,~.e~~.~ ~ ~.~sz.. ~r ( V~D :~.~j:~ t.~'Y L•~" cJ ~ i.~`'~-~. .jiL~ T'.~'~,.,'~ . _ _ O .~f . - - - ° - _ - ' _ i a, s 2740 FAY BLVD., SUITE A-7 ~~\III//~`~-.:., , SIEARA VISTA, ARIZONA 85n35 S ; (520) 458-9594 ~ ~ FAX (520) 458-2362 : . ( ~ ~ 5100 S. ALVEANON ~NAY ~ - i TUCSON, ARIZONA 857a6 ~,.r``~ (520) 748-0138 FAX (520) 743-39?5 August 24, 1998 Ms ~isa Konti 5~96 Playtime Drive Niarana, AZ 85653 R~: Lot 79 Dear Ms. Konti, Thraughout the building proc~ss on your present 1ot, our staff made many site visits wi~h you to ~;cplain the siopes and drainage. Th~y even painted the location of ths wafl and house on #ne ground to help you visualize your yard in relation to the nause. Since our conversation on August 1 S, you have not been a~l~ to come to a lasting concfusion as to whether or not you want to move to anather lot. You have chang~d your mind no fess than ~ve times (fiNic2 this we~kend) and because.of this ind~cisi~ieness wE fe~! that it is ~ not in the best inter~sts of KEaG or its' employees to move you to another fot. • Yaur continued refusal to ailow us to grade your lot to plan elevations is causing the ponding problem depicted in the photographs sznt to Karol Ge~rge in fate Jul~. What KE~G is ready and ~uilling to do is to grade the lot and slopes according to pians whicn inciudes re-qradinQ and re-9andscaoinq the front yard. Be#ore you maice a decision as to w~ether you want to, pursue legal remedies, as ~ou have alluded to, pleasz let us grade the yard-it just may meet witt~ your a~proval. It ~vill cost you no#hing. To address your fnist~ floor ale~r4tion, ! talked with Ryan 8ale the engineAr of record, and he said that fh~~ design the site to pad elevation and not finished floor elevation. `four pad elevation is ~er plan. Tne concrete floor in your k~ousa is a"Post Tens~oned" siab and is six inches thic~ ~Niih a slight toe doavn not e~ght inc;~ stem walls and four inch slab as the enqinesrinq plans indicate. I~nriil be giad to discuss the time and duration of tt~e proposed re-grading at any time. ~ly office number is 7~48-0188. 5inc~rely, , ~ ~ i ~ Tom Coveil Tucson 1Vianager, VP Caoy: i~~ike Hein2r, Town Manager David At1er, Tc~wn Engineer • ~(arol George, Fr~s~dent aRi?~ni-a r_nn~iRar-rnRS i ic-cnis~ nii innRF~s na~a~a_nnF• nFaRR~-n~9~ n71507-~~0~: nQaa7aR ~ ~~~~~~9 ~.~o A~torxeys-~t ~aw~ ~}~37 ~~5~ ~+3~$,~fl S$Y'~Q'~ 5311$~ ~0~, T~cson, ~ 8571~-Z1~0 5~0-795-7300/~'ax ~20-795-0515/realla9v@azstarnet.com dtobert Douglas ~,ittle Joy Leslie Little August 28, 1998 ; ~ ~ ;,,°Q ;i ' ~ ~ ~ ? ~'a~ KE&G Construction Co.mpany i~ j 4; c; ~ c/o Mr. Karol George ~ i;}~ ; 2700 Fry Blvd., Suite A-7 ~ ~ ~ ~ ~ ' ; Sierra Vista, AZ 85635 i~`.'~ . Re: Lisa Konti, Lot 79, Redhawk Dove Mountain ~ ~ 5496 Dove of Peace Drive, Marana, AZ 85653 Dear Mr. George: This office has been retained by Elizabeth Konti in regards to the problems she is • having with the home she purchased from your company referenced above. As you are well aware, my client's house was not built according to plan. It is at least six inches too low and has a tremendous ponding problem. Efforts have been made by your crews to trench the water out of the yard, but that does not solve the 3-1 ratios needed for the block walls around the house. Ms. Konti has complained vociferously about this situation; therefore; in eariy August, Tom Covell offiered to her a resolution which would be for her to pick another lot witnin the subdivision and the same model house that she currently lives in would be built upon it and that she could move into that house. Ms. Konti picked lot 168 and notified your: Tucson offices that she had done so. After 5he notified salesmen of her lot choice, she encountered other workmen who thought they could come up with a solution whereby she would not have to move. Because Ms. Konti was willing to listen to any idea, she let them come to her home and examine it. Those gentlemen have not proposed anything formal that is satisfactory to her. On August 24, 1998, Mr. Covell delivered a letter to her home stating, in part, that because she has changed her mind five times over the last few days, he was withdrawing the offer of building ahother house for her. Ms. Konti accepted your • manager's offer of settlement and did not change her mind because she was never provided with anything concrete that would work. Rodef•c Doacglas Little is a Real Estate Specialist, certified by the ~riaona Bar.4ssociation since 1986, wiih emphasis in all facets of Real Estate, Business, and Corporaie Law. Mr. Karol George ~ August 28, 199$ Page Two Please have your staff and/or one ofi your attorneys cantact me within ten days of the date of this letter so that we can prepare a written settlement agreemen# which will provide that your company will build a replacement house for Ms. Konti and her disabled father on lot 168. Please also have all correspondence and communications concerning this matter directed to this office and not to (V~s. Konti or to her home where it disturbs her elderly father. I look forward to working with you in resolving this matter amicably without litigation. Sincerely, I~ , _ . Robert Douglas Little ~ RDL:sIp c: client • 2700 E. FRY BLVD., SUITE A-7 . ~~\11////~ ~ SiERRA VISTA, ARIZONA 85635 ~ (520? 458=9594 FA;< 15201 ~58-2362 % ~ f ~ ; ; ~ 5100 S. ALVERNOiV WAY • TUCSON, ARIZONA 85706 (520) 7~8-0188 : ~^J FA:C (520) 748-8°75 September 4, 1998 Robert Douglas Little, P.C. 4837 East Fifth Street, Ste101 Tucson, AZ 85711-2100 Re: Konti Residence Dear Mr. Little, I understand that you have been retained by Ms Lisa Konti who lives in our subdivision at Doue ililountain. We are haping that we can reason with you in tnfing to resolve this matter expeditiousl;~. Firstly, your clients home is ~uilt according to plan. The lot is to grade and the subdi~ision elevations are designed to the pad elevation not the finished floor ei~vation. At most,your ciients floor is one inch below ' • plans efevation, weil within industry standards. Tt~e minimum slope of .5°~ for proper drainage is attainable if graded properly. Our landscape crew ~nras in the proc~ss of landscaping her front yard when she came out and started talkmg to the men m Spanish and told them that she did not want them to construct the drainage swale as they had been instructed. In fact, she threatened to call polic~ ifi they continued as they were. Ner actions caused her side and bachjard te drain improperiy. Sinca then, st~e has refused to le# us grade her property as it must be graded, to drain as it was designed. The sfopes in her yard are 3 to 1 and they require no protection although we do need to finish grading them. . In a conversation with her en Saturday, August 15, she ~xplainesi to me ho~nr she wante~ her yard to drain but it is not designed to drain that way and water would literally (1 am not being facetious) have to run uphill. As you know, under contract law, we have the right to recognize our warranty items and repair them. lt the person refuses access, then it becomes their responsibility. When your client is ready to have her yard graded properl~, please let rne ~cnow. As I stated in my letter of August 24, 1998, we are ready and wiiling to do this immediately. S+ncerely, 1 Tom Covell ~ Tucson Manager, VP ~ Copy: Karol Ge~rge , ~ ~ ~ ,.T„ , . . _ . ~ . _ ~ , . , ~ ~ ~~~~~~9 ~.~e ~4tlorneys-at-~aw 4~37 East ~+'ifth Street, Suite 14~, ~ucson, ~~571~-2100 ~20-795-7300/~'a~ ~2~-795-0515/reallaw@azstarnet.com • ~ Itobert Dougias Little ~ ,~oy Leslie Little September 17, 1998 %-:r~:;~"~' J ~ KE&G Construction ~ompary c/o Mr. Tom Covell ; - 51~00 S. Alvernon Way +~f ~ti~°~ ~ I' ` i lV:~ Tucson, AZ 85706 = • ' i e~1~' a~ J ~ ;~.r 1. J ~ y ~yJV~ ~ Re: Lisa Konti, Lot 79, Redhawk Dove Mountain `~~~`T fr`~`" ~ t, 5496 Dove of Peace Drive, Marana, AZ 85653 . , - - Dear Mr. Covell ~ • I have received your letter dated September 4, 1998, concerning your desire to resolve this matter. I appreciate the attitude, but it is too late. You made an offer of settlement to my client that she could select another lot and that you would build the same model upon it; she would then transfer her loan to that new home, or she would take out a new loan, and you wouid assume the debt and/or payoff the debt on the current lot in which she resides. My client chose Lot 16$ and thereafter, you attempted to withdraw that offer claiming: (1) that she changed her mind too many times to keep the offer open; or (2) that you could fix her current home and that the settiement is not necessary. ~ In accordance with Paragraph 17 of her purchase contract, demand is hereby made that you agree and enter into mediation prior to the initiation of a lawsuit. You must within 10 days from the date of this letter agree to mediation as described wifihin the contract, vvhich is within the rules and procedures of the Mome Sellers/Home Buyers Dispute Resolution System (whatever that might be) or another mediation provider. If you refuse and/or fail to respond in a positive manner by pointing out to me who such a mediator would be or by making a suggestion as to who we might submit this case to mediation, it will be considered that you have refused and/or failed to agree to the terms of inediation and litigation will ensue. My client will not accept a situation whereby, you enter her yard and reconfigure her yard so that the mistakes of KEc~G are masked. You offered her • another house on another lot and she accepted. That is a contract and that contract must be fulfilled by you. Please notify me within the 10 days demanded above of your notification of the mediation, your suggestion of an alternate Robert Douglas Little ss a Reai Esiate Specialist, certified by the At•izona Bar ~ssociation since 1986, wiih emphasis in all facets of Reul Estaie, Business, and Corporate Law. • Mr. Tom Coveli September 17, 1998 Page Two mediato~ or your acquiescence and acceptance of the fact that Ms. Konti accepted your offer of compromise. Sincerely, - ~ 1`~ 4i Y r~ Robert Douglas Little RDL:mh c: client Karol George • • ~ ~ ~i~ • ~J:_ =':J~-:1 , September 3, 1998 NIr. Tom Covell KE&G Companies . 5100 S. Alvernon Tucson, AZ 85706 I.ot 79 and Grading Staaadaa-ds for ~illages at ltedhawk Dear NIr. Covell: Our office has reviewed the e~sting as-built conditions of lot 79 and analyzed it with regard to providing a minimum of 0.5% grading slope as per your request. Our opinion is that your company will be able to establish a high point five feet north of the porch at 0.14 feet below the existing porch slab grade. From the established high point we believe your , company can construct positive drainage wi~h a minimum 0.5% grade to both the curb line • at the low end of the handicap sidewalk ramp and to a curb line east of the existing driveway. Please let us know if you wish for our firm to establish hubs and bluetops from which you could grade the lot to ensure positive draina~e. Another issue we have recently discussed is the question of our iz~tent as the design notations of "proposed finished floor elevation" and "proposed finished pad elevation". Our design is for the fuushed pad elevation and we assume that the contractor builds the foundation and slab on that pad. In the case of the Villages at Redhawk our off'ice assumed a standard 8" thick slab (0.67') because at the time of design, a particular homebuilder had not been selected and the type of foundations and slab to be used by the homebuilder was unknown. It is not unusual for homebuilders to use 6" slabs all the way up to 10" slabs. Our design is based on the top-of-curb to finished pad, not floor, elevation. I trust that this letter clears up any questions you mi~ht have had. Ple~s~~'n~°~~~si~t ~~to call me if you have any questions. ,~~y;~~ ~~.i, ,~~r~ q W~~~° ely ;1:~ ~~~a . ~ ' y,',~~ ~~r.A~~;alr~~]~ aj ~ ~ vv,,,,~.' ~t G '2 ~1 ~ a° ~ s~J `,~1>~'i~ y~~1~~ ~ Rv'an Bale, PE ~f b e ~ ~t.,z ~ F~1ViR0~11~ricN I,~L ~~~IGIN__tili~lG :eC~.I~.UL~;;.i~J-~, ;~~I~~. 'tOt.= E. ~ ori ~~we!I Rcad, Suite 200 Tucscn,,arizona ~=i 12 ~3 (~%0) ~~'1-LL<~ ~ ~ a;:: (520) 3Z1-~~=~~ 2700 E. FRY BLVD., SUITE A-7 ;>'~\lll///~"'~,>, SIERRA VISTA, ARIZONA 85635 • - f52~1458-9594 - FAX (520) 458-2362 ~ n _ , F~ 5100 S. ALVERNON WAY ~i~ TUCSON, ARIZONA 85706 i (520) 748-0188 % FAX 1520) 748-8975 September 8, 1998 Robert Dougias Little, P.C. 4837 East Fifth Street, Ste101 Tucson, AZ 85711-2100 " Re: Konti Residenc~ Dear Mr. Littie, Per your_re~uest I have enclosed the letter from the engineer that did not fare too well on the fax mactfiine. The le#ter from the engine~r of record indicates that we can drain her 1ot p~r plan. ' iLls Konti's concerns, as presented to me on~ August 15th, was the swale that was to qo • through her front yard was objectionable to her as it was being constructsd. It was fairly s#~or~ and deep and I can understand that she may not like that type of swale. As ! indicated to Ms Konti in my letter of August 24~', I would like to re-grade her yard as it must be graded to drain properly. iViost pe~ple cannot visualize firom a drawing what it wiil look like after it is constructed and she just may approve of the drainage swale after it is buiit. I assure you, the swale will not be obtrusive and she has nothing to lose by ailo+niing us to grade it to plan. There is absolutely ~othing wrong with this !ot e~cept it does ne~d the slopes dr~ssed up and the grading needs to be completed per the plan and we are more than willing to do this at a momsnts notice. Leaving her yard as it is, may causz damage. - This morning, you indicated you were instructed fiie suit, but I am stiil optimistic that this matter can be se#tled out of court. Sincerely, e Tom Covell Tucson lUlanager, VP Copy: 'rCaroi George • ~R17(~NA ~~iUTRA('TnRS I If'~USF NI IAiIRF~S~ (la1dF4.11(1F• nA4RR'7_'1(14• 1171cin7-nnFi• (~a9R7aR ~ TOWN TOWN COLJNCIL OF MEETING MARANA INFORMATION DATE: February 16, 1999 AGENDA ITEM: I X. F TO: Mayor and Council FROM: Michael C. Hein, Town Manager SUBJECT: Discussion/Darection - Term of Office of the position of Vice Mayor DISCUSSION: At the Council meeting of February 2, 1999, Council Member Sherry Millner requested that the term of office for the position of Vice Mayor be placed on this agenda for discussion. • RECONIMENDATIONS None SUGGESTED MOTION: Mayor and Council's Pleasure Admin/SG/SG/2-9-99 3:15 p.m.. ~ ~ ' ` • TOWN COUNCIL, TOWN MEETING OF INFORMATION MARANA DATE: February 16, 1999 AGENDA ITEM: I X. G T0: Mayor and Council FROM: Michael C. Hein, Town Manager SUBJECT: Pima Association of Governments Regional Council Nleeting Agenda - Review for Discussion and Direction DISCUSSION: The Pima Association of Governments (PAG) Management Committee Agenda for February 11, 1999 is attached for your information. There are items on this agenda that may warrant Council revie~v. It is at the Management Committee that agenda items for the Regional Council, held two ~veeks • later; are set. In most cases, the agenda for the Management Committee is the same as that for the Regional Council meeting. The PAG Management Committee met on February 11, and the PAG Regional Council will meet on February 24. Mayor Ora Harn represents the To~vn at the PAG Regional Council meetings. Town 1Vlanager, Michael Hein, represents the To~m at the PAG Management Committee meetings. ~uestions and/or comments regarding any items on the agenda should be directed to Mayor Harn or to Town Manager Hein. If the Council desires any specific action on any item, it should direct its designee; Mayor I-Iarn, accordingly. RECOMMENDATION: None. SUGGESTED NIOTION: Mayor and Council's pleasure. ~ .4D~[ N/~(C H/JC E/ 11:03 .~~I/02/09/99 r c PIMA ASSOCIATION OF GOVERNMENTS I"7 CHURCH 4~'E~UE • SI;ITE a05 TLiC50~'. ARIZO`~A 85i01 (5201792-1093 FAX: (520) 620-6981 MEETING NOTICE/AGENDA MANAGEMENT COMMITTEE 9:00 a.m., Thursday, February 11, 1999 PAG Conference Room 177 N. Church Avenue Ste. 405 Tucson, Arizona 85701 1. CALL TO ORDER 2. SAHUARITA 208 PLAN AMENDMENT 3. INDUSTRY-UNIVERSITY COOPERATIVE RESEARCH CENTER 4. SOCIAL SERVICES (TITLE XX) FUNDING • 5. AIR QUALITY UPDATE 6. ARIZONA HIGHWAY USERS MEMBERSHIP 7. METROPOLITAN TRANSPORTATION PLAN (MTP) FINANCIAL PLAN ADVISORY CONIMITTEE 8. TIP SUBCOMMITTEE REPORT 9. AMENDMENT TO PAG'S 1998-1999 AND STATUS OF 1999-2000 OVERALL WORK PROGRAMS 10. LEGISLATIVE UPDATE 11. RAIL CROSSING STUDY 12. ADOT ALLOCATION OF STATE & FEDERAL TRANSPORTATION FUNDS 13. TRANSPORTATION ENHANCEMENTS UPDATE • 14. ADJOURNMENT . i ~ TOWN COUNCIL TOWN N~ETING OF INFORMATION MARANA DATE: February 16, 1999 AGENDA ITEM: 1 X. H T0: Mayor and Council FROM: Michael C. Hein, To~vn Manager SUBJECT: State Legislative Issues - Discussion/Direction/Action regarding all pending bills before the Legislature. DISCUSSION: This item is scheduled for each Council Meeting in order to provide an opportunity to discuss any legislative item that might anse dunng the cunent session of the State Legislature. RECOMMENDATION: Upon the request of Council, staff ~vill be pleased to provide recommendations on specific ~ legislative issues. SUGGESTED MOTION: Mayor and Council's pleasure ~ .AD~IIN/~4CI-UJCE/11:01 A~[02/09/99 _„';y'i'"~,e~g~»xx ..vx`s s<m~ 4t~ ~ ` ~ ~ s - ~4~~ F ~r~~' ..~-.~s ~ ; . ~ f,. . ;~,I ~ . ~ . ,`y~,i^< +S`.,+`~<~....uiR a3~ "t• } r, ' 1~ ~i ~ ~ _ ~ s s:a e . ~K.~ - ..n ~ BULLETIN #4 February 4, 1999 ~ STATE SHARED REVENUE FIGHT IN FULL SWING The gloves are off and the fight over state shared revenues is in full swing. Over 6,000 letters have been sent to city and town board and commission members across the state asking them to join our Coalition to Save State Shared Revenues. The League website (azleague.org) includes a Call to Action and other materials designed to explain the importance of state shared revenue to your budgets. A general press release has been issued about the campaign and the coalition, and we have heard from a number of you about contacts from the press. There is even a toll-free number for phone calls. It is 1 877-787-8738 which translates into 1 877-SV-ST-REV. On Tuesday evening, Horizon, a public affairs program on the local PBS station, KAET, featured state shared revenues as the topic. League President Mark Schnepf had been interviewed for the program and his taped interview was featured. Mayor Neil Giuliano of Tempe represented us for the in-studio part of the program. Both mayors did an outstanding job representing the city position against Representatives Bob Burns and Lori Daniels who spoke for the reduction in these revenues coming to cities and towns. Thanks again to Mayors Giuliano and Schnepf. Cities and towns across the state are enlisting business leaders to join with us in fighting for the funds that were promised to cities and towns, and meetings are being held with editors of local newspapers urging them to take our side in this battle with the Legislature. We are reminding them that cities and towns provide the most basic of services to the • citizens of this state, and the critical role state shared revenues play in our ability to provide those services. Two legislative days were held in the League offices this week with this being the top priority in discussions with legislators from the districts who attended the meetings. We urge you to find out just where your legislators stand on the issue; before long, we will need to start the vote counting in earnest. Please let us know if you receive a firm commitment from any of your legislators on this issue. We thank you for all your help on this campaign and urge all of you to keep up the good fight. The battle this year is over $40 miilion for the next two years; if we lose this year, we can expect to have to battle the budget for each succeeding year as well. We need to make sure that does not happen. COMMITTEE UNANIMOUSLYAPPROVES TWO CITY BILLS H. 2329. State Mandates; Local Government H. 2326. City Annexation; State Land Approval The House Counties and Municipalities Committee unanimously passed two pieces of pro-city legislation on Tuesday afternoon. The Chairman of the Committee, Representative )ake Flake, is the prime sponsor of both bilis and continues to be one of the biggest supporters of cities and towns in the State Legislature. The first measure, H. 2329, is our annual attempt to persuade the Legislature that prior to passing any legislation that includes a mandate on either cities and towns or counties that they at least ought to know the cost of that mandate. In order to accomplish this goal, the biil would require the joint legislative budget committee to prepare a"state mandate report" on all legislation that includes a state mandate on cities, towns or counties. The report would include, among other items, an analysis of the direct costs of the mandate, a cost-benefit analysis and an identification of any increase or reduction in existing appropriations to these entities. It also requires a separate vote on any legislation including a • mandate prior to final approval on the issue of whether to impose the mandate on cities, towns or counties. 1820 West Washington League of Arizona Ci~ies & Towns Phone (602) 258-5786 Phoenix, AZ 85007 FAX (602) 253-3874 9 , The mandates bill is patterned after the federal law on the same subject and, as you know, is part of the League's • Municipal Policy Statement. The bill next goes to the House Federal Mandates & States' Rights Committee. The second measure, H. 2326, would remove a requirement that an annexation including state rights-of-way (ROW) receive written approval from the state land commissioner and the state lancl selection board prior to the annexation becoming effective. Annexations including state land other than ROW would still have to receive approval, but this would remove a hurdle when you are simply annexing a state roadway. The bill is also assignecl to the House Natural Resources Committee. Please also let your Representative know of your support of both bills. FIREWORKS BILL "BLOWS" THROUGH COMMITTEE H. 2368. Nonexplosive Devices . This bill, H. 2368, represents the yearly battle over whether to legalize sparkiers and other fireworks in Arizona. The bill includes a section which preempts cities and towns from banning sparklers and similar items even if the city or town council wishes to regulate them. We oppose the legislation based on this preemption; retention of local authority is one of our most basic policy positions, and we are very consistent in arguing for it. In an almost unprecedented move, the Chairman of the Committee and one of the bill's primary sponsors, Representative Dean Cooley did not allow anyone to testify on the legislation prior to voting the bill out of the Committee on a vote of 4-2. There were approximately 18 people signed up against the measure and only 4 in favor - obviously the Chairman did not want his Committee to hear the reasons people had taken time out of their day to express concern over this legislation. The bill is not assigned to any other committees in the House, so there will be no public testimony on this issue. Please contact your legislator and let them know if you oppose the legisiation and the lack of input there has been on it to date. • STATE AVIATION FUND BILL FLIES OUT OF COMMITTEE . S. 1076. Flight Property Tax As evidenced by the strong support it received when becoming a part of the League policy statement, one of the primary goals of this year's legislative session is to restore full funding to the State Aviation Fund. On Monday we took that first successfui step as the bill passed the Senate Finance Committee on a unanimous vote. The measure, S. 1076, repeals the 1997 law diverting 50% of the Flight Property Tax to the State General Fund and returns to cities and towns the funding necessary to help ensure the integrity of the state aviation system. Admittedly, this is very early in the process, but such strong committee support is encouraging. The next stop for this fine bill is the Senate Appropriations Committee, and we will update you on its progress in future bulletins. HEALTH BOARD BILL MAKES IT OUT OF COMMITTEE!! H. 2476. Local Health Boards The House Health Committee approved H. 2476 on Wednesday on a 6-1 vote. The bill was introduced by Representatives Gerard and Flake to require that the county must provide equal health services to all county residents without charge to the cities. Five counties currently charge cities for all or a portion of these services provided to city residents. Representatives of the City of Yuma testified along with the League in support of this legislation. As expected, there was • opposition from the counties, but the committee chair, Representative Gerard is interested in finding a solution to this conflict between cities and counties over public health services. To this end, Representative Gerard is setting up a meeting of the stakeholders early next week to help bring the parties to consensus on a solid solution to the ambiguity in the current state statutes. 10 d~X~.`!`d~' }r x y,..~ t,~- e.c. ~~r~3'~'~Yr'~ t~i? 4 `~~,s.°-- '~x;;,; ' . xC S, ~ ~`~~*C ~ e ~ X p A ~-~4~' , J i t +t 'S'"~u `~~t 2+~~~,~ ~ . • ~S'. February 4, 1999 . ; ~ S. 1103. OMNIBUS WATER AMENDMENTS. Makes various changes to state water law. Changes include: provides authority to collect fees for dam safety inspections; provides the transfer of 80% of the groundwater fee to the Groundwater Replenishment District (GRD) only for the year in which the GRD is created; allows for substitution of irrigation districts; conforms the definition of "municipal provider" to the Central Arizona Groundwater Replenishment District laws allowing a municipal provider to include an irrigation district that supplies water for non-irrigation uses; ailows recovery of stored water, pursuant to an annual permit, to occur within the succeeding two calendar months. Amends Title 45, Waters and Title 48, Special Taxing Districts. . S. 1108. TAX EXEMPTIONS; NONPROFITS; HIGHER EDUCATION. Exempts nonprofit eclucational foundations that qualify under section 50.1 C(3) of the Internal Revenue Code from the state sales and use tax on tangible personal property, if the property is used to support higher education. Amends Title 42, Taxation. 5.1111. ELECTRIC POWER COMPETITION; CITIES; TOWNS. Requires municipal electric utilities in cities or towns ~ with a population of more than 250,000 to participate in electric deregulation competition. Requires municipal providers to set rates for bundled service for retail customers by an amount necessary to compete with other electric service providers. Provides a December 31, 1999 effective date. Amends Title 30, Power. S. 1117. HOMELESS YOUTH INTERVENTION PILOT PROGRAM. Establishes a homeless youth intervention pilot program in the Department of Economic Security and allows for collaborative partnerships with community social agencies, family support programs and other community organizations. Appropriates $1.58 million from the general fund over four years and requires the Auditor General to perform an evaluation of the impact and effectiveness of the program by November 15, 2002. The program has a delayed repeal from and after September 30, 2003. S. 1129. SCHOOL DEVELOPMENT FEES; MUNICIPALITIES. Allows municipalities to assess school development fees to offset costs associated with necessary educational services and facilities for residential developments. Provides that municipalities would not issue building permits for residentiai structures, approve hookup permits for mobile homes or approve final plats for residential subdivisions until assessed fees are paid. Allows cities and towns to accept a donation of land or facilities in lieu of fees. The design of any contributed facility shall be at the discretion of the city or town. Provides an appeals process for developers and subdividers. Amends Title 15, Education. S.1136. MUNICIPALCONVENTION CENTER INFRASTRUCTURE FINANCING. Allows municipalities in all counties except Maricopa, to issue revenue bonds for the infrastructure, parking and open space related to the construction of new hotel and motel rooms designed to accommodate a municipal convention center. Requires the city or town to dedicate all or part of the hotel infrastructure revenues to retiring the bond debt. Instructs the State Treasurer to pay until 2001, one-twelfth of sales tax collections resulting from businesses located within a haif-mile area of the convention center to a city or town that has contracted to have at least 200 hotel or motel rooms built in that half-mile zone. Amends Title 9, Cities and To~vns and Title 42, Taxation. ~ 1820 West Washington League of Arizona Ci~ies &~o~uns Phone (602) 258-5786 Phoenix, AZ 85007 FAX (602) 253-3874 ~4 S. 1139. PUBLIC RECORDS; COMMERCIAL PURPOSE; MISUSE. Allows the custodian of public records being requested for commercial purposes to determine if the reason for use is a misuse or abuse of the right to receive the public records. If the public body receiving the request is a city or town, the custodian may apply to the mayor requesting the issuance of an order prohibiting the furnishing of copies of the public record for the stated purpose. ~ Amends Title 39, Public Records, Printing and Notices. S.1140. FIREFIGHTERS' PARAMEDIC TRAINING; PAYMENT. Requires municipal fire departments and fire districts to pay for paramedic training for firefighters who become paramedics within the department. Amends Title 9, Cities and Towns and Title 48, Special Taxing Districts. S. 1142. PUBLIC OFFICERS; OATH OF OFFICE. Provides that, except when otherwise noted, appointed public officials shall take the oath of office at least one day before commencement of the term of office. Currently, appointed officials have 10 days from the beginning of the term of office to be sworn in. Amends Title 38, Public Officers and Employees. S. 1143. OPEN MEETING; DEFINITIONS; LEGAL ACT10N. Defines executive session as a gathering of a quorum of inembers of a public body from which the public is excluded for one or more of the reasons prescribed by law. Allows individuals to attend, at the request or approval of a majority of the members of the public body, whose presence is reasonably necessary in order for the public body to carry out its executive session responsibilities. Requires that all legal action of public bodies occur.during meetings. Amends Title 38, Public Officers and Employees. S. 1149. TRAFFIC SIGNALS; SYNCHRONIZATION; MATCHING MONEY. Requires the cities and towns in Maricopa County as well as the county to synchronize traffic signals throughout the county. Establishes a matching grant program administered by the director of the Arizona Department of Transportation (ADOT) to pay for synchronization. Appropriates ~2.33 million each year for fiscal years 1999-2000, 2000-2001 and 2001-2002. S. 1156. PUBLIC RETIREMENT; CASH BALANCE OVERLAY. Allows members of all the retirement systems administered by the State to receive all or a portion of the employer's contribution when leaving employment for reasons other than retirement. Currently, only the employee contribution can be paid out under such circumstances. ~ With five years of service, 25% of the employer contribution could be paid out; with 10 or more years of service 100% of the empioyer contribution would be added to the amount paid. Amends Title 38, Public Officers and Employees. 5.1158. ASRS; OPTIONAL PROGRAM; CONTRIBUTIONS ; WITHDRAWAL. Allows members of the Arizona State Retirement System (ASRS) who transferred from ASRS to an optional program and were required to leave contributions that were made before the transfer in the ASRS, to withdraw their contributions and an amount equal to the employer contributions plus interest if they meet one of the following requirements; terminated empioyment by retirement or death, have attained a normal retirement date or they are an active participant in an optional retirement program. This act is effective retroactively to December 31, 1998 and has a delayed repeal from December 31, 2000. S. 1161. PUBLIC HEALTH NUISANCES; ASSESSMENT. Allows a city or county to prescribe, by ordinance or regulation, a procedure for making the costs of removal or abatement of a public health nuisance or filth an assessment on the property from which the filth or nuisance was abated or removed, subject to certain requirements including an appeal process io the governing body of a city or town. Amends Title 11, Counties and Title 36, Public Health and Safety. S. 1167. REGULATORY REVIEW; IMMUNITY; FEES. Expands the qualified immunity of public agencies to include the regulation of any industry, trade, business, profession or occupation for which absolute immunity is not provided in law. Amends Title 6, Banks and Financial Institutions; Title 12, Courts and Civil Proceedings; Title 26, Military Affairs and Emergency tilanagement and Title 41, State Government. 5.1171. ATTORNEY FEES; OTHER EXPENSES. Narrows the definition of "fees and other expenses" relating to what is collectable v~hen litigating against governmental entities to mean only those which the court finds to be directly related to and necessary for the presentation of the case. Amends Title 12, Courts and Civil Proceedings. ~ 15 S. 1175. TAXES; VEHICLE LICENSE; GAS. Increases the gas tax by two cents per gallon (one cent per year for the next two years). Decreases incrementaily the initial year vehicle license tax rate from $3.35 per $100 valuation • to $2.99 starting July 1, 2001. Decreases incrementally the succeeding years vehicle license tax rate from $3.45 per $100 valuation to ~3.07 starting )uly 1, 2001. Adjusts incrementaily the distribution rates for the vehicle license tax to hoid cities and towns harmless from the reduction. Removes the distributions from the highway user revenue fund going into the highway patrol fund and the economic strength project fund. Amends Title 28, Transportation and Title 41, State Government. S. 1187. PSPRS; DEFERRED RETIREMENT OPTION PLAN. Establishes a voluntary deferred retirementoption in the public safety personnel retirement pian, beginning on July 1, 2000, as an alternative method of benefit accrual under the system. Includes termination procedures, participation accounts, option plan provisions, payment of benefits and IRS compiiance. The option has a delayed repeal from and after June 30, 2005. Amends Title 38, Public Officers and Employees. S. 1191. .INDUSTRIAL DEVELOPMENT FINANCING; PROCEDURES. Attempts to apportion out the cap on mortgage revenue bonds by population. Reserves a portion of the county allocation for a city where an Industrial Development Authority exists, if such an allocation has been requested. Amends Title 35, Public Finances. S. 1196. UNDERGROUND STORAGE TANKS; APPROPRIATION. Appropriates $1,449,500 for deposit in the Underground Storage Tank Assurance Account fo~ use in "Area A and Area B" and $13,024,200 for deposit in the Underground Storage Tank Revolving Fund to pay claims for partial coverage of corrective actions in "Area A". S. 1198. SOUND ATTENUATION STANDARDS; POLITICAL SUBDIVISIONS. Requires political subdivisions in Maricopa County with territory in the vicinity of a military airport to annually file a report with the Attorney General's Office evidencing compliance with sound attenuation standards. Requires the Attorney General to report the compliance results of those local governments to the Arizona Military Airport Preservation Committee. Amends Title 28, Transportation. ~ S. 1201. CITIZENS TRANSPORTATION OVERSIGHT COMMITTEE. Removes the provision that a member of the Citizens Transportation Oversight Committee, who is appointed by a member of the Board of Supervisors, be from a different city or town than the individual who held the seat prior. Amends Title 28, Transportation. S.1202. HURF; USES; PENALTY; DISTRIBUTION. Prohibits political subdivisionsfrom using Highway User Revenue Fund (HURF) monies to pay for enforcement of traffic laws or for the administration of traffic safety programs. Penalizesjurisdictionsthatviolatethe lawbywithholdingfromthesubsequentyear's HURFdistribution one-and-a-half times the amount used in violation of the law. Amends Title 28, Transportation. S. 1205. VEHICLE TITLE AND REGISTRATION; OMNIBUS. Provides various changes to state law relating to the regulation of motor vehicles including: strikes regulation of All-Terrain Vehicies from motorcycle law; adds electric powered bikes to the definition of "moped"; adds golf carts manufactured or modified after ~une 1998 to various motor vehicle regulations; requires registration of a vehicle if that vehicle has been in-state for a total of six months in a calendar year and considers a resident to be, for purposes of vehicle registration, someone who has been in the state for a total of six months or who is registered to vote in this state. Amends Title 28, Transportation. S. 1208. SHOOTING RANGES; NOISE LIMITS. Requires cities, towns and counties to adopt and enforce a noise ordinance for shooting ranges operating within their boundaries. Specifically sets the noise limits that local governments must establish. Amends Title 9, Cities and Towns and Title 11, Counties. S. 1210. NEiGHBORHOOD PRESERVATiON; COMMISSION; FUND. Creates the Neighborhood Preservation Commission and Fund. Requires the Commission to grant monies from the fund to cities for neighborhood preservation and investment projects that install, repair or upgrade publicly owned municipal infrastructure. • Appropriates up to $10 million from the State General Fund if sales tax collections exceed )oint Le~islative Budget Committee estimates during the 2000-2001 fiscai year. Appropriates ~10 million every year thereafter. Provides for gubernatorial appointment of seven Commission members; four representing cities of various sizes and three representing private interests. Requires the Department of Commerce to provide administrative, technical and legal support to the Commission. ~mends Title 41, State Government. 16 S. 1218. CITY ANNEXATION; COUNTY ROADS. Prohibits cities and towns from excluding interior county streets and roads from an annexation, unless the board of supervisors approves the exclusion. Also prohibits any annexations thatwiil result in an area being completelysurrounded by incorporated land, regardless if the surrounding land belongs • to more than one municipality. Amends Title 9, Cities and Towns. S. 1220. SALES TAX EXEMPTION; NONPROFIT HOUSING. Provides a sales tax exemption under the retail and prime contracting classifications of the state sales tax and a use tax exemption for nonprofit charitable organizations that provide residential apartment housin.g for low income persons over sixty-two years of age in a facility that qualifies for a federal housing subsidy. Amends Title 42, Taxation. S. 1223. AIR QUALI7Y MAINTENANCE AREAS. Expands regulation of "maintenance areas" which are defined as "any non-attainment area that has been re-designated to attainment status." Amends Title 49, Environment. S. 1227. ELECTION LAW REVISIONS. Provides for various election law revisions including: deeming as valid the earlier signatures of an elector who signs more petitions than allowed by law; clarifying and conforming changes to early voting statutes; clarifies that an address must be provided when requesting an early ballot ar,d extends from 72 hours to five days the waiting period necessary before confirming that the early ballot of an individual requesting such a ballot was not used and that the poiling place ballot is valid and can be counted. Amends Title 15, Education; Title 16, Elections and Electors; Title 45, Waters and Title 48, Special Taxing Districts. ~ r r ~ ~ 1 q H. 2409. PUBLIC SCHOO~S; INTERNET ACCESS. Requires public libraries or schools that allow minors access to computer systems to equip the computer with software that will limit minors' ability to gain access to explicit sexual materials or to develop and impiement, by )anuary 1, 2000, a policy that establishes measures to restrict minors from gaining computer access to explicitsexual materiais. Establishes that public libraries and schools thatcomplywith these ~ measures will not be held liable for any damages that might arise from a minor gaining access to sexual materials through the use of a public access computer that is owned or controlled by the public school or library. Amends Title 34, Public Buildings and Improvements. H. 2410. COMPULSIVE GAMBLING; PREVENTION AND TREATMENT. Establishes the compulsive gambling prevention and treatment fund which will annually receive the first $1.2 million of the revenues from the sale of multistate lottery games. The general fund will receive the next $19.8 million after which all muitistate lottery revenues, up to $18 million, will be deposited in the local transportation assistance fund. Amends Title 5, Amusements and Sports and Title 36, Public Health and Safety. H. 2414. OMBUDSMAN-CITIZENS AIDE; DUTIES. Adds cities and towns to the list of agencies which the state ombudsman-citizens aide can investigate for improper administrative actions which the ombudsman-citizens aide has reason to believe may be contraryto law, unreasonable, unfair, oppressive, arbitrary, capricious, an abuse of discretion or unnecessarily discriminatory, even though the act may be in accordance with law. Allows the state ombudsman- citizens aide to enter, without notice, to inspect city premises if staff is on premise. Exempts elected officials from investigations. Amends Title 41, State Government. H. 2423. CHARITABLE CHOICE; RELIGiOUS ORGANIZATIONS. Prohibits public agencies, including cities and towns, from discrimination against religious organizations when awarding public contracts. ~mends Title 41, State Government. H. 2429. C1TY INCORPORATION; ANNEXATION. Amends the law on incorporation within three and six miles of existing cities and towns. Requires that a city or town either approve the incorporation or file an objection to incorporate and an intent to annex. If the city/town does not annex the territory within 18 months, the area may incorporate without the consent of the existing city/town. Forbids cities/towns from annexing only a portion of an area • desiring incorporation. Provides for an election to choose between annexation and incorporation if both processes are eligible for the ballot. Amends Title 9, Cities and Towns. ~i y H. 2432. STADIUM DISTRICT RV SURCHARGE EXPIRATION. Requiresthatthe surcharge coilected on recreational vehicle spaces for the purposes of attracting, retaining or relocating a major league baseball spring training operation ~ must terminate either ten years after the date the surcharge became effective or on the date all bonds, obligations and associated payments that are secured by the surcharge are fully met, whichever date occurs later. Repeals 1998 laws regarding RV surcharges. Amends Title 48, Special Taxing Districts. H. 2443. WORKERS' COMPENSATION; INCREASE BENEFIT LEVEL. Requires that when computing the average monthly wage of employees injured after June 30, 1999 all wages or other compensation for service in excess of a yet undetermined amount will be excluded in the computation. Includes a retroactive effective date of )uly 1, 1999. Amends Title 23, Labor. H. 2444. CITIES; EMINENT DOMAIN; LIMITATIONS. Limits city and town authority to exercise eminent domain exceptfor certain specific instances or sites including aviation fields; streets, alleys, avenues and sidewalks; public uses authorized by the legislature and raising the banks of streams or removing obstructions therefrom. County authority to use eminent domain is retained. Amends Title 9, Cities and Towns; Title 12, Courts and Civil Proceedings and Title 36, Public Heaith and Safety. . H. 2459. URBAN LANDS; REPEAL LEGISLATIVE OVERSiGHT. Repeals the requirement that the State Land Commissioner submit to the Legislature all rules adopted to carry out the administration of public lands. Amends Title 37, Pubiic Lands. H. 2461. COMMUNITY FACILITIES DISTRICTS; COUNTY INFRASTRUCTURE. Allows a county to form a community facilities district in an unincorporated area for the purpose of providing public infrastructure. Exciudes elected officials or employees of a county in the district from being appointed a director of the district. Amends Title 48, Special Taxing Districts. H. 2469. RURAL BUSINESS INCUBATION; COMMISSION. Establishes a 18 member Rural Business Incubation . Commission to encourage business development in rural areas of Arizona. The Commission has no local government appointees but is composed of a designee of the Governor, members of the Legislature as well as other interested private and public groups who represent rural areas. Rural is defined as a county with a population of less than 400,000 persons or an area of less than 50,000 persons in counties with more population. Amends Title 41, State Government. H. 2472. STATE TRANSPORTATION BOARD; MEMBERS. Divides the state into nine transportation districts of equal population to be established by the Department of Administration and provides that the state Transportation Board will be made up of a representative from each of the nine districts. Effective on December 31, 1999. Amends Title 28, Transportation. H. 2476. LOCAL HEALTH BOARDS. Requires counties to provide equal health services to "all county residents." Makes technical and conforming changes. Amends Title 36, Public Health and Safery. H. 2494. EORP; NONELECTED SERVICE; TRANSFERS. Ailows a member of a charter city retirement system, who is an elected official, to apply for transfer of service credits from the charter city retirement system to the elected officials' retirement plan. Provides procedures and calculations for transfer and on completion of the transfer, extinguishes the member's rights in the charter city retirement plan. Amends Title 38, Public Officers and Employees. H. 2506. EMERGENCI' MEDICAL SERVICES; RECORDS. Clarifies the definition of confidentiality of emergency medical records. Amends Title 36, Public Heaith and Safety. H. 2523. PUBLIC EMPLOYffS; INSURANCE; DOMESTIC PARTNERS. Forbids the state or politicai subdivisions from providing health and accident insurance coverage for the domestic partners of its employees. Amends Title 38, Public • Officers and Employees. is H. 2526. RESOURCE TECHNOLOGYZONES; TAX INCENTIVES. Provides for the formation of resource technology zones. Provides income tax credits for increased employment in the zone by businesses that manufacture, repair, sell or distribute products or services that are designed to conserve natural resources or to protect the environment, • including environmental protection and poilution remediation services and consultants. Sets forth application and reporting requirements. Amends Title 41, State Government. H. 2536. PERSONAL WATERCRAFT; OPERATOR LICENSURE. Requires all individuals who operate a watercraft to be licensed by the Game and Fish Commission. Requires an individual to be tested for knowledge of boating laws and safe boating practices, to pay a$25 application fee and to be at least fourteen years of age. Amends Title 5, Amusements and Sports. H. 2537. BICYCLE SAFETY; MINORS; HELMETS; FUND. Requires individuals under 18 years of age to wear a protective helmet while operating or riding on a bicycle. Amends Title 36, Public Health and Safety. H. 2541. CARRYING PASSENGERS IN A TRUCK. Prohibits the use of a truck bed for transporting passengers under the age of eighteen. Provides for a civil penalty. Amends Title 28, Transportation. H. 2543. LOBBYISTS; GIFTS. Requires municipalities to hold a public hearing by January 1, 2000 to hear and vote on the adoption of a policy regarding gifts from lobbyists to elected officials and employees of the city or town. Requires that at a minimum a separate vote be held on whether the elected officials and employees may accept food or beverage, entertainment and travel or lodging. Provides for the filing of any adopted gift policies with the Secretary of State. Makes numerous other changes to state law on lobbyist registration and reporting requirements. Amends Title 41, State Government. H. 2549. MUNICIPALITIES; DOWN ZONING. Requires that a municipality must have the express written consent of the property owner when there is a change in zoning classification or a restriction or reduction in the use and value • of the land initiated by the governing body or zoning body of the municipality. Does not allow a municipality to adopt any change in a zoning classification to circumvent this law. Amends Title 9, Cities and Towns. H. 2551. PUBLIC ENTITIES; DEFENSES. Provides immunity for public entities from liability for injuries arising out of maintenance of highways, roads, streets, bridges, sidewalks or rights-of-way unless the entity was grossly negligent in failing to correct the hazard or provide adequate warning. The definition of maintenance is amended to include ordinary care and upkeep. Amends Title 12, Courts and Civil Proceedings. H. 2560. UNDERGROUND FACILITIES; POWERLINES; VIOLATIONS; PENALTIES. Increases the penalty for violation of "bluestake law" regarding underground facilities from $2,000 per violation to $5,000 per violation. Increases the penalty for violating state law regarding high voltage power lines and safety restrictions from ~1,000 to $5,000. Amends Title 40, Public Utilities and Carriers. H. 2562. ASRS; BENEFIT INCREAS`cS; RETIRED MEMBERS. Changes the fimits for the percentage increase for Arizona State Retirement System (ASRS) retired members or beneficiaries from 3 percent to 4 percent in aggregate for all persons eligible for an increase and establishes that the percentage increase is equal to the greater of the percentage change in the all items component of the CPI and the percentage payable from excess investment earnings. Changes the percent at which the excess investment earning on accounts are zero if the yield rate on ASRS assets is less than 8 percent. Amends Title 38, Public Officers and Employees. H. 2~63. INDUSTRIAL DEYELOPMENT; HOUSING; REPORT. Allows the Department of Commerce to require industrial developmentauthorities to reporton the amountof monies encumbered for housing development. Amends Title 35, Public Finances. ~ 19 H. 2567. HIV TESTING; VICTIMS; NOTICE. Requires that a defendant who has committed a sexual offense or another offense involving significant exposure must submit a specimen to be tested for HIV and requires the prosecuting attorney to provide the victim's name and address to the Department of Heaith Services for notification. ~ The laboratory that tested the specimen must report the findings to one of the following entities: a local heaith department, a health unit of the State Department of Corrections, a health unit of a detention facility or a licensed physician, who must then provide the results to the Department of Health Services or a local health department. The submitting entity or the Department of Health Services will notify the person tested of the resuits and counsel the person regarding the health implications. Amends Title 13, Criminal Code. H. 2568. TARGET ZONES. Allows for the establishment of tax free zones in rural parts of Arizona called target zones which will be administered by a review board consisting of the county board of supervisors for a zone established in an unincorporated area of the county or the governing body of the city or town for a target zone established in municipal boundaries. Creates qualifying criteria for designation and requires the review board to provide an annual report to the Legislature and the Auditor General addressing the economic effects of the zone. Exempts target zones from government property lease excise tax and provides tax credits to business and residents who relocate in the zones. Ends targetzone designation on December 31, 2004. Effective date is December 31, 1999. Amends Title 11, Counties; Title 42, Taxation and Title 43, Taxation of Income. H. 2569. REDUCED SALES TAX; TRIBAL LEVY. Reduces the state sales tax rate on an Indian Reservation by the amount of any tax imposed by the Indian Tribe. Provides that the reduction shall not exceed 50%. Amends Title 42, Taxation. ~ ' ~ • ~ HCR. 2021. REDISTRICTING COMMISSION; PROCEDURES. Proposes an amendment to the State Constitution to be voted on at the November 2000 election relating to the estabiishment of Legislative and Congressional districts. Creates a nine-member Redistricting Commission; four appointed by Majority leadership in the House and Senate and four appointed by Minority leadership in the House and Senate. The chairman is chosen by the other eight members and cannot be a member of the same party as any of the other Commission members. Requires the Commission to decide on districts by majority vote within six months of receiving the 2000 census. Establishes primary objectives of the Commission including compliance with the Voting Rights Act and respect for local government boundaries. Establishes the creation of politicaily competitive districts as a secondary objective. Amends Article IV, Part 2 of the Constitution. • . S.1123. SPIRITUOUS LIQUOR; OPEN CONTAINERS; PROHIBITION. Expands the prohibition on open containers of spirituous liquor to inciude anyone in the passenger compartment of a motor vehicle that is located in the public right-of-way. Establishes penalties and provides some exceptions. Amends Title 4, Alcoholic Beverages; Title 5, Amusements and Sports and Title 28, Transportation. S. 1150. SEX OFFENDERS; REGISTRATION; NOTIFICATION. Requires non-resident sex offenders to comply with the registration requirements if they are working within the state for 14 consecutive days or for more than 30 days in a calendar year or if they are enroiled as a student in any school in the state. Amends Titie 13, Criminal Code. ~ S. 1153. PHOTO RADAR; SPEEDING VIOLATIONS; INSURANCE. Prohibits insurers from considering photo radar assisted citations for violations of less than 15 miles an hour over the speed limit a moving traffic violation and increasing insurance rates for that violation. Removes this restriction for repeat offenders and violations issuecf approaching a school crossing or in a residential district. Amends Title 28, Transportation. 20 5.1166. TITLE 28; COURT PROCEDURES. Changes court procedures for serious traffic violations. Amends session law to require the driving under the influence abatement council to begin their work after the installation of 300 ignition interlock devices and removes the 300 device installation limit. Amends Title 28, Transportation. • S.1174. CRUELTY TO ANIMALS. Establishes laws governing aggravated cruelty to animals. Allows the court to order the humane disposition of any animal that is owned by a person who is convicted of a cruelty to animals violation and also to prohibit any person convicted of a cruelty violation from owning any animal for a period up to three years. Defines animal, cruel mistreatment and cruel neglect. Amends Title 13, Criminal Code. S. 1216. CHILDREN IN PICKUP TRUCKS. Allows police officers to pull over and issue a warning to drivers with children under 18 years of age in the bed of a pickup truck. Amends Title 28, Transportation. ' ~ H. 2411. FEDERAL INCENTIVES; 0.08; OPEN CONTAINERS. Expands the prohibition on open containers of spirituous liquor to include anyone in the passenger compartment of a motor vehicle that is located in the public right- of-way. Establishes penalties and provides some exceptions. Reduces the blood alcohol concentration necessary for being charged with operating a watercraft or a motor vehicle under the influence from 0.10 to 0.08. Amends Title 4, Alcoholic Beverages; Title 5, Amusements and Sports and Title 28, Transportation. H. 2447. ASSAULT; POLICE OFFICERS; FIREFIGHTERS. Changes the specific reference in law from "human immunodeficiency virus" to a more general "life threatening communicable diseases" regarding assauits on peace officers or firefighters. Amends Title 13, Criminal Code. H.2450. CRIMINALJUSTICEENHANCEMENTFUND. Removesthepercentageofthecriminaljusticeenhancement ~ fund that goes to the state general fund and distributes that amount among the other current recipients. Amends Title 41, State Government. H. 2519. GAMBLING; MINIMUM AGE. Raises the minimum age that a person can buy a lottery ticket, be a patron of a pari-mutuel system of wagering or wager on gaming activities on an Indian reservation to twenty-one years of age beginning on June 1, 2003. Exempts the purchase of a lottery ticket for the purpose of making a gift by a person who is twenty-one or older to a person who is less than twenty-one. Amends Title 5, Amusements and Sports and Title 13, Criminal Code. H. 2529. DUI; ALCOHOL CONCENTRATION; 0.08. Reduces the blood alcohol concentration necessary for being charged with operating a watercraft or a motor vehicle under the influence from 0.10 to 0.08. Amends Title 5, Amusements and Sports and Title 28, Transportation. ~