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HomeMy WebLinkAbout03/01/2005 Council Agenda Packet-FullTOWN OF MARANA, ARIZONA COUNCIL MEETING AGENDA 13251 N. Lon Adams Road March 1, 2005, 7:00 p.m. Mayor Vice Mayor Council Member Council Member Council Member Council Member Council Member Town Manager Bobby Sutton, Jr. Herb Kai Jim Blake Patti Comerford Tim Escobedo Ed Honea Carol McGorray Mike Reuwsaat Welcome to this Marana Council Meeting. Regular Council Meetings are usually held the first and third Tuesday of each month at 7:00 p.m. at the Marana Town Hall, although the date or time may change, or Special Meetings may be called at other times and/or places. Contact Town Hall or watch for posted agendas for other meetings. This agenda may be revised up to twenty-four hours prior to the meeting. In such a case a new agenda will be posted in place of this agenda. If you are interested in speaking to the Council during Petitions and Comments, Public Hearings, or other agenda items, you must fill out a speaker card (at the rear of the Council Chambers) and deliver it to the Clerk in advance of the agenda item you wish to address. It is up to the Mayor and Council whether individuals will be allowed to address the Council on issues other than Announcements, Petitions & Comments, and Public Hearings. All persons attending the Council Meeting, whether speaking to the Council or not, are expected to observe the Council Rules, as well as the rules of politeness, propriety, decorum and good conduct. Any person interfering with the meeting in any way, or acting rudely or loudly will be removed from the meeting and will not be allowed to return. To better serve the citizens of Marana and others attending our meetings, the Council Chamber is wheelchair and handicapped accessible. Any person who, by reason of any disability, is in need of special services as a result of their disability, such as assistive listening devices, agenda materials printed in Braille or large print, a signer for the hearing impaired, etc., will be accommodated. Such special services are available upon prior request, at least ten (10) working days prior to the Council Meeting. For a copy of this agenda or questions about the Council Meetings, special services, or procedures, please contact Jocelyn C. Bronson, Town Clerk, at 682-3401, Monday through Friday from 8:00 a.m. to 5:00 p.m. ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA. Amended agenda items appear in italics. Posted no later than February 28, 2005, 7:00 o'clock p.m., at the Marana Town Hall and at www.marana.com under Town Clerk, Minutes and Agendas. 1 TOWN OF MARANA, ARIZONA COUNCIL MEETING AGENDA 13251 N. Lon Adams Road --~ March 1, 2005, 7:00 p.m. I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. INVOCATION/MOMENT OF SILENCE IV. ROLL CALL V. APPROVAL OF AGENDA VI. ACCEPTANCE OF MINUTES There are no minutes for approval on tonight's agenda. VII. CALL TO THE PUBLIC ~ ANNOUNCEMENTS ~ INTRODUCTIONS UPCOMING EVENTS At this time, any member of the public is allowed to address the Town Council on any issue not already on tonight's agenda. The speaker may have up to three (3) minutes to speak. Any persons wishing to address the Council must complete a speaker card (located at the rear of the Council chambers) and deliver it to the Town Clerk prior to this agenda item being called. Pursuant to the Arizona Open Meeting Law, at the conclusion of Call to the Public, individual members of the Council may respond to criticism made by those who have addressed the Council, may ask staff to review the matter, or may ask that the matter be placed on a future agenda. VIII. STAFF REPORTS IX. GENERAL ORDER OF BUSINESS A. CONSENT AGENDA The consent agenda contains agenda items requiring action by the Council which are generally routine items not requiring council discussion. A single motion will approve all items on the consent agenda, including any resolutions or ordinances. A Council Member may remove any issue from the consent agenda, and that issue will be discussed and voted upon separately, immediately following the consent agenda. There are no items on tonight's Consent Agenda. 2 TOWN OF MARANA, ARIZONA COUNCIL MEETING AGENDA 13251 N. Lon Adams Road March 1, 2005, 7:00 p.m. B. COUNCIL ACTION 1. For information only: Announcing the Marana Police Department's participation in a multi-disciplinary Drug Enforcement Administration Tucson Task Force by the execution of a Memorandum of Understanding with the United States Department of Justice (Richard Vidaurri) 2. For information only: Announcing the award to the Marana Police Department of a law enforcement block grant from the Arizona Criminal Justice Commission (Richard Vidaurri) 3. Resolution No. 2005-24: Relating to Police; approving and authorizing the execution of an Intergovernmental Agreement with Pima County concerning a Regional Special Weapons and Tactics Team (Richard Vidaurri) 4. Resolution No. 2005-23: Relating to Sales Tax; authorizing reimbursement to Pima County of Town of Marana sales tax for the purchase and installation of a package wastewater treatment plant for the Marana wastewater management facility (Roy Cuaron) 5. Ordinance No. 2005.08: Relating to Annexation; extending and increasing the corporate limits of the Town of Marana, Arizona, by annexing certain Cortaro Farms Road right-of--way located adjacent to existing Town limits and between Cerius Stravenue and the centerline of Hartman Lane in Section 26, Township 12 South, Range 12 East, Gila and Salt River Meridian (Frank Cassidy) 6. PUBLIC HEARING: Ordinance No. 2005.09: Relating to Development; rezoning 845-acres of land from "R-144" to zone "F" and creating the Sanders Grove Specific Plan on property located east of Sanders Road, south of Hardin Road, east of Kirby Hughes and north of Marana Road (Barbara Berlin) 7. Resolution No. 2005-25: Relating to Capital Improvement Projects; approving and authorizing the Loan Repayment Agreement between the Arizona Transportation Board and the Town of Marana for Project No. 2002-58; Thornydale Road, Orange Grove Road to the Canada del Oro Wash (Harvey Gill) 8. Resolution No. 2005-17: Relating to Development; approving a Preliminary Plat for Ina and Silverbell (Barbara Berlin) 9. Resolution No. 2005-Z1: Relating to Development; approving a Preliminary Plat for Gladden Farms Block 21 (Barbara Berlin) 3 TOWN OF MARANA, ARIZONA COUNCIL MEETING AGENDA 13251 N. Lon Adams Road March 1, 2005, 7:00 p.m. 10. Resolution No. 2005-22: Relating to Development; approving a Preliminary Plat for Gladden Farms Block 2 (Barbara Berlin) 11. State Legislative Issues: Discussion/Direction/Action regarding all pending bills before the Legislature (Mike Reuwsaat) C. MAYOR AND COUNCIL'S REPORT D. MANAGERS' REPORT X. FUTURE AGENDA ITEMS XI. ADJOURNMENT Bobby Sutton, Jr., Mayor 4 ~pWN OF TOWN COUNCIL :~' `'~'' . MEETING TOWN OF MARANA q MARANA INFORMATION gR1ZONP MEETING DATE: March 1, 2005 AGENDA ITEM: IX. B. 1 TO: MAYOR AND COUNCIL FROM: Richard Vidaurri, Chief of Police SUBJECT: For information only: Announcing the Marana Police Department's participation in a multi-disciplinary Drug Enforcement Administration Tucson Task Force by the execution of a Memorandum of Understanding with. the United States Department of Justice. DISCUSSION The Marana Police Department (MPD) is pleased to announce its participation with the United States Department of Justice, Drug Enforcement Administration (DEA), as a member of the DEA Tucson Task Force. Chief Vidaurri has executed a memorandum of understanding with DEA that assigns an experienced Marana police officer to participate as a member of the DEA Tucson Task Force. The mission of the Task Force is to disrupt the illicit drug traffic in the State of Arizona area and prosecute perpetrators by immobilizing targeted violators and trafficking organizations, gathering and reporting intelligence data relating to trafficking in narcotics and dangerous drugs, conducting undercover operations where appropriate, and engaging in other traditional methods of investigation. MPD will supply a vehicle and all normally necessary equipment for its member of the Task Force, and DEA will equip and provide the vehicle with a mobile radio, fuel and maintenance. MPD will pay the salary, health insurance, benefits and worker's compensation and any overtime for its participating employee, and DEA will reimburse the overtime on a quarterly basis not to exceed $14,666.25 annually. The memorandum of understanding does not increase MPD's financial obligations beyond those in the approved budget, and it allocates current personnel duties in a manner consistent with the Chief's normal administrative authority. For these reasons, Town Attorney Frank Cassidy advised Chief Vidaurri that he is authorized to execute the memorandum of understanding without prior Town Council approval. RECOMMENDATION/SUGGESTED MOTION None. This item is for information only. {00000549.DOC /} FJC/cds 2/22/2005 2:55 PM ~pWN Of TOWN COUNCIL _~' MEETING TOWN OF MARANA 9 MARANA ~ INFORMATION gR1ZON~' MEETING DATE: March 1, 2005 AGENDA ITEM: IX. B. 2 TO: MAYOR AND COUNCIL FROM: Richard Vidaurri, Chief of Police SUBJECT: For information only: Announcing the award to the Marana Police Department of a law enforcement block grant from the Arizona Criminal Justice Commission. DISCUSSION The U.S. Department of Justice, Office of Justice Programs through the Arizona Criminal Justice Commission provides block grants to local governments. The Marana Police Department is pleased to announce that the Arizona Criminal Justice Commission approved a grant in the amount of $4,286 which includes a mandatory 10% hard cash match, to be awarded to the Town of Marana upon receipt of the completed application and a check in the amount of $429, which is included in this year's approved budget for the Department. The grant will be used to purchase a portable two-way police radio for use by the Pima County Attorney's Office Victim Witness Program -Northwest Expansion Unit. RECOMMENDATION None. For information only. SUGGESTED MOTION None. For information only. (00000553.DOC /} 2/23/2005 9: SS AM FJC `OWN OF TOWN COUNCIL ="' MEETING TOWN OF MARANA v MARANA ~ INFORMATION gR1ZON~' MEETING DATE: March 1, 2005 AGENDA ITEM: IX. B. 3 TO: MAYOR AND COUNCIL FROM: Richard Vidaurri, Chief of Police SUBJECT: Resolution No. 2005-24: Relating to Police; approving and authorizing the execution of an Intergovernmental Agreement with Pima County concerning a Regional Special Weapons and Tactics Team. DISCUSSION This Intergovernmental Agreement is for the formation, implementation, deployment, equipping, governance and maintenance of a Regional Special Weapons and Tactics Team entered into by and among Pima County, Oro Valley, City of South Tucson, Town of Sahuarita, Tohono O'Odham Nation, Pascua Yaqui Nation, Tucson Airport Authority and the Town of Marana. The purpose of this IGA is to form the Pima Regional S.W.A.T. Team, the mission of which is to respond when requested by a participating jurisdiction or other law enforcement entity to potentially life threatening situations and/or incidents requiring specialized skills, tactics and/or equipment, and to secure, isolate and resolve situations in a manner consistent escalation of force theories and the preservation of life. The Marana Police Department will fund the procurement of all necessary equipment for its members of the Team. Additionally, the Department shall bear the costs of its participating employees including wages (including overtime), health insurance, benefits and worker's compensation. ATTACHMENT(S) Exhibit A -Intergovernmental Agreement. RECOMMENDATION Staff recommends approval of the Intergovernmental Agreement between Pima County and the Marana Police Department concerning a Regional Special Weapons and Tactics Team. SUGGESTED MOTION I move to adopt Resolution No. 2005-24. PimaRegionalSWAT 2/24/2005 MARANA RESOLUTION NO. 2005-24 RELATING TO POLICE; APPROVING AND AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH PIMA COUNTY CONCERNING A REGIONAL SPECIAL WEAPONS AND TACTICS TEAM. WHEREAS, the Town of Marana, Pima County, Arizona, recognizes its duty to protect its citizens through effective police powers and to secure, isolate, and resolve situations in a manner consistent escalation of force theories and the preservation of life; and WHEREAS, Pima County, Oro Valley, City of South Tucson, Town of Sahuarita, Tohono O'Odham Nation, Pascua Yaqui Nation, Tucson Airport Authority and the Town of Marana, desire to enter into a collective agreement as participating jurisdictions to form and operate the Pima Regional Special Weapons and Tactics (S.W.A.T.) Team; and WHEREAS, the Marana Police Department is a participating jurisdiction of the Pima Regional S.W.A.T. Team and may contract for services and enter into agreements for joint or cooperative action pursuant to A.R.S. 11-951; and WHEREAS, formation of the Pima Regional S.W.A.T. Team will enhance the ability of the participating jurisdictions, through their various law enforcement agencies, to respond to those situations in which use of a S.W.A.T. team is appropriate; and WHEREAS, attached hereto as exhibit A and incorporated herein by this reference, an agreement has been prepared which equitably sets out the rights and responsibilities of the Town and Pima County. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, authorize the Town to execute the Intergovernmental Agreement by and between the Town and Pima County, attached hereto as Exhibit A, in accordance with the terms of the I.G.A. PimaRegionalSWATOS.doc 2/24/2005 PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 1st day of March, 2005. Mayor Bobby Sutton, Jr. ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney PimaRegionalSWAT05 2/24/2005 EXHIBIT A Intergovernmental Agreement among Pima County, Town of Oro Valley, Town of Marana, City of South Tucson, Town of Sahuarita, Tohono O'Odham Nation, Pascua Yaqui Nation, and the Tucson Airport Authority for the Formation, Implementation, Deployment, Equipping, Governance and Maintenance of a Regional Special Weapons and Tactics Team This Intergovernmental Agreement (this "IGA") is entered into by and among Pima County, a body politic and corporate of the State of Arizona ("Count}'); the Town of Oro Valley, a municipal corporation; the Town of Marana, a municipal corporation; the City of South Tucson, a municipal corporation; the Town of Sahuarita, a municipal corporation; the Tohono O'Odham Nation; the Pascua Yaqui Nation; and the Tucson Airport Authority, pursuant to A.R.S. § 11-952. Recitals A. WHEREAS the Parties to this IGA, herein referred to collectively as the "Participating Jurisdictions", desire to enter into a collective agreement to form and operate the Pima Regional Special Weapons and Tactics ("S.W.A.T.") Team; and B. W'I-iEREAS the County and municipal corporation Participating Jurisdictions may contract for services and enter into agreements with one another for joint or cooperative action pursuant to A.R.S. § 11-9~1, et seq.; and C. WHEREAS the Tohono O'Odham Nation may contract for services and enter into agreements for joint or cooperative action pursuant to Article VI, Section 1(f) of the Tohono O'Odham Constitution; and D. WHEREAS the Pascua Yaqui Tribe may contract for services and enter into agreements for joint or cooperative action pursuant to 17 P.Y.C. § 70-120; and E. WHEREAS formation of the Pima Regional S.W.A.T. Team will enhance the ability of the Participating Jurisdictions, through their various law enforcement agencies, to respond to those situations in which use of a S.W.A.T. team is appropriate. NOW, THEREFORE, the Participating Jurisdictions, pursuant to the above, and in consideration of the matters and things hereinafter set forth, do mutually agree as follows: I. Purpose Agreement The purpose of this IGA is to form the Pima Regional S. W.A.T. Team, the mission of which is to respond when requested by a Participating Jurisdiction or other law enforcement entity to potentially life threatening situations and/or incidents requiring specialized skills, tactics and/or equipment, and to secure, isolate and resolve situations in a manner consistent escalation of force theories and the preservation of life. II. Scope The Participating Jurisdictions, through their various law enforcement agencies, shall work together in good faith to form and operate the Pima Regional S.W.A.T. Team, all as set forth in the Standard Operating Procedures and Policies manual attached hereto as Exhibit A, and incorporated herein by this reference (the "Manual"), and under the terms and conditions set forth herein. Additional jurisdictions may be permitted to participate upon the unanimous consent of all the then Participating Jurisdictions. Any new participant so admitted will be deemed to be a "Participating Jurisdiction" hereunder. All individuals selected to participate as members of the Team will continue to be employees of the Jurisdiction with which they are associated. III. Financing Each Participating Jurisdiction will fund the procurement of all necessary equipment for its members of the Team. Grant funds obtained for the Pima Regional S.W.A.T. Tea~-n shall be used for the benefit of all Participating Jurisdictions. In the event a Participating Jurisdiction withdraws from the Team pursuant to Section V(A) or (B) of this IGA, the Jurisdiction shall not be entitled to any share of grant funds existing at the date of withdrawal, and all such funds shall continue to be used for the benefit of the remaining Participating Jurisdictions. Each jurisdiction shall bear the costs of its employees incurred in the implementation of this IGA, including wages (including overtime), health insurance, benefits and worker's compensation. IV. Term This IGA shall be for an initial term of one year, effective on the date it is recorded with the Pima County Recorder, following execution by all the parties. The parties shall have the option to extend the term of this IGA for four (4) additional one (1) year periods. Anymodification or time extension of this IGA shall be by formal written amendment executed by the parties hereto. 2 -_ V. Termination A. Withdrawal without Cause. A Participating Jurisdiction may terminate its participation in the S.W.A.T. Team under this IGA, with no less than sixty (60) days notice to the other Participating Jurisdictions. If a Participating Jurisdiction terminates as a result of a failure of its governing body to budget and appropriate sufficient funds to support that Participating Jurisdiction's participation, and aone-year notice is not possible, it shall give the other Participating Jurisdictions notice of the non-appropriation within ten (10) days after the final budget is adopted by its governing body. B. Withdrawal for Cause. A Participating Jurisdiction may withdraw immediately in the event that the Team, for reasons other than the actions or directions of that Jurisdiction's Team members, materially breaches the standard operating procedures in a manner that exposes that Jurisdiction to significant additional legal liability, or the Team or one or more other Participating Jurisdictions materially breaches this IGA. Because each Participating Jurisdiction understands and acknowledges that its withdrawal from the Team will cause significant disruption to the operation of the Team, it shall not exercise this termination option unless the breach or exposure is significant, material, and of an on-going nature. C. Termination in Event of County Withdrawal. In the event that the County terminates its participation in this IGA, and after the duties set forth in subsection D below, this IGA shall terminate as to all Participating Jurisdictions. The withdrawal of any Participating Jurisdiction other than the County shall not affect the validity and continuation of the IGA as to the other parties. D. Shutting Doom Operations. Upon expiration of this IGA, or in the event of an earlier termination as to all the Jurisdictions, whether by agreement of the Participating Agencies or as a result of the County's withdrawal, the remaining parties hereto shall cooperate in good faith to close the operation of the Team in a manner that is safe and fiscally sound. The various parties who were Participating Jurisdictions at the time of the termination or expiration shall continue to be liable in their proportionate shares on any long term financial obligation of the Team, such as the payment of rent. E. Disposition of Equipment. In the event a Participating Jurisdiction terminates its participation or withdraws from the Team pursuant to Section V(A) or (B), any equipment purchased through grant funding and assigned as personal equipment to members of the terminating or withdrawing Jurisdiction shall remain the property of the Jurisdiction. All equipment purchased through grant funding and assigned as Team equipment will remain with the remaining Participating Jurisdictions. A terminating or withdrawing Jurisdiction shall retain any personal equipment purchased for its members by the Jurisdiction. In the event this IGA is terminated pursuant to Section V(C), all equipment purchased for the Team through grant funding shall be divided proportionally among the Participating Jurisdictions. 3 VI. Insurance Each Participating Jurisdiction shall obtain and maintain at its own expense, during the entire term of such Jurisdiction's participation in this IGA, the following type(s) and amounts of insurance: a) Commercial General Liability in the amount of $2,000,000.00 combined, single limit Bodily Injury and Property damage; b) Commercial or Business automobile liability coverage for owned, non-owned and hired vehicles used in the performance of this IGA with limits in the amount of $1,000,000.00 combined single limit or $1,000,000.00 Bodily Injury, $1,000,000.00 Property Damage; c) Worker's compensation coverage, including employees' liability coverage, as required by law. A Participating Jurisdiction may self-insure as permitted by law. VII. Indemnification. To the extent permitted by law, each Participating Jurisdiction (as "indemnitor") agrees to indemnify, defend and hold harmless each of the other Participating Jurisdictions (as "indemnitee(s)") from and against any and all claims, losses, liability, costs, or expenses, including reasonable attorney's, fees (hereinafter collectively referred to as "claims") arising out of bodily injury, including death, or property damage, but only to the extent that such claims which result in vicarious/derivative liability to the indemnitee(s), are caused by the act, omission, negligence, misconduct, or other fault of the indemnitor, its officers, officials, agents, employees or volunteers. VIII. Compliance with Laws The parties shall comply with all federal, state and local laws, rules, regulations, standards and Executive Orders, without limitation to those designated within this Agreement. The laws and regulations of the State of Arizona shall govern the rights of the parties, the performance of this Agreement and any disputes hereunder. Any action relating to this Agreement shall be brought in any court of competent jurisdiction. Imo. Non-Discrimination In performance of this Agreement the parties shall not discriminate against any County employee, client or any other individual in any way because of that person's age, race, creed, color, religion, sex, disability or national origin in the course of carrying out their duties pursuant to this Agreement. The parties shall comply with the provisions of Executive Order 4 75-5, as amended by Executive Order 99-4, which is incorporated into this Agreement by reference, as if set forth in full herein. ~. ADA The parties shall comply with all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101-12213) and all applicable federal regulations under the Act, including 28 CFR Parts 3~ and 36. ~I. Severability If any provision of this IGA, or any application thereof to the parties or any person or circumstances, is held invalid, such invalidity shall not affect other provisions or applications of this IGA which can be given effect, without the invalid provision or application and to this end the provisions of this IGA are declared to be severable. XII. Conflict of Interest This contract is subject to cancellation for conflict of interest pursuant to A.R.S. ~ 38-~ 11, the pertinent provisions of which are incorporated herein by reference. XIII. Legal Authority. No party warrants to the other its legal authority to enter into this Agreement. If a court, at the request of a third person, should declare that either party lacks authority to enter into this IGA, or any part of it, then the IGA, or parts of it affected by such order, shall be null and void, and no recovery may be had by either party against the other for lack of performance or otherwise. DIV. Worker's Compensation. Each party shall complywith the notice ofA.R.S. § 23-1022 (E). For purposes ofA.R.S. ~ 23- 1022, each party shall be considered the primary employer of all personnel currently or hereafter employed by that party, irrespective of the operations of protocol in place, and said party shall have the sole responsibility for the payment of Worker's Compensation benefits or other fringe benefits of said employees. XV. No Joint Venture. It is not intended by this IGA to, and nothing contained in this IGA shall be construed to, create any partnership, joint venture or employment relationship between the parties or create any employer-employee relationship between one party's employees, and any other party hereunder. No party shall be liable for any debts, accounts, obligations or other liabilities whatsoever of the other, including (without limitation) the other party's obligation to withhold Social Security and income taxes for itself or any of its employees. XVI. No Third Party Beneficiaries. Nothing in the provisions of this IGA is intended to create duties or obligations to or rights in third parties not parties to this IGA or affect the legal liability of either party to the IGA by imposing any standard of care with respect to the maintenance of public facilities different from the standard of care imposed bylaw. XVII. Sovereign Immunity. Nothing in this Agreement shall be construed as an express or implied waiver of the sovereign immunity of any party in any forum or jurisdiction. XVIII. Counterparts This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The signature pages from one or more counterpart may be removed from such conterpart and attached to a single instrument. XIX. Entire Agreement. This document constitutes the entire Agreement between the parties pertaining to the subject matter hereof, and all prior or contemporaneous agreements and understandings, oral or written, are hereby superseded and merged herein. This IGA shall not be modified, amended, altered or extended except through a written amendment signed by the parties and recorded with the Pima County Recorder, or Arizona Secretary of State, whichever is appropriate. -REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK- 6 __ Intergovernmental Agreement- Signature Page among Pima County, Town of Oro Valley, To~~~n of Marana, City of South Tucson, Town of Sahuarita, Tohono O'Odham Nation, Pascua Yaqui Nation, and the Tucson Airport Authority for the Formation, Implementation, Deployment, Equipping, Governance and Maintenance of a Regional Special Weapons and Tactics Team In Witness Whereof, each Participating Jurisdiction has caused this Intergovernmental Agreement to be executed by a representative of that Jurisdiction's governing body, and attested by its clerk, upon resolution of its governing body. PIMA COUNTY: Sharon Bronson, Chair Board of Supervisors ATTEST: Lori Godoshian Clerk of the Board APPROVED AS TO FORM AND LEGAL AUTHORITY Clarence W. Dupnik Sheriff of Pima County Sean Holguin Deputy County Attorney, Pima County REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK- Intergovernmental Agreement- Signature Page among Pima County, Town of Oro Valley, Town of Marana, City of South Tucson, To~i~n of Sahuarita, Tohono O'Odham Nation, Pascua Yaqui Nation, and the Tucson Airport Authority for the Formation, Implementation, Deployment, Equipping, Governance and Maintenance of a Regional Special Weapons and Tactics Team In Witness Wlie~•eof, each Participating Jurisdiction has caused this Intergovernmental Agreement to be executed by a representative of that Jurisdiction's governing body, and attested by its clerk, upon resolution of its governing body. TOWN OF ORO VALLEY ATTEST: Paul Loomis Kathryn Cuvelier Mayor of Oro Valley Town Clerk Chief Danny Sharp Chief of Police, Oro Valley APPROVED AS TO FORM AND LEGAL AUTHORITY Tobin Sidles Acting Town Attorney REMAINDER OF THIS PAGE II~TTENTIONALLY LEFT BLANK- 8 Intergovernmental Agreement- Signature Page _ - among Pima County, Town of Oro Valley, Town of Marana, City of South Tucson, Town of Sahuarita, Tohono O'Odham Nation, Pascua Yaqui Nation, and the Tucson Airport Authority for the Formation, Implementation, Deployment, Equipping, Governance and Maintenance of a Regional Special Weapons and Tactics Team In Witness Whereof, each Participating Jurisdiction has caused this Intergovernmental Agreement to be executed by a representative of that Jurisdiction's governing body, and attested by its clerk, upon resolution of its governing body. TOWN OF SAHUARITA ATTEST: Charles Oldham Mayor of Sahuarita Chief Stuart Heller Chief of Police, Sahuarita Town Clerk APPROVED AS TO FORM AND LEGAL AUTHORITY Daniel J. Hochuli Sahuarita Town Attorney REMAIl~IDER OF THIS PAGE INTENTIONALLY LEFT BLANK- 9 Intergovernmental Agreement- Signature Page - among Pima County, Town of Oro Valley, To«-n of Marana, City of South Tucson, To~~~n of Sahuarita, Tohono O'Odham Nation, Pascua Yaqui Nation, and the Tucson Airport Authority for the Formation, Implementation, Deployment, Equipping, Governance and Maintenance of a Regional Special Weapons and Tactics Team In Witness Whereof, each Participating Jurisdiction has caused this Intergovernmental Agreement to be executed by a representative of that Jurisdiction's governing body, and attested by its clerk, upon resolution of its governing body. CITY OF SOUTH TUCSON ATTEST: Shirley A. Villegas Dolores Robles Mayor of South Tucson City Clerk Chief Sixto Molina Chief of Police, South Tucson APPROVED AS TO FORM AND LEGAL AUTHORITY Hector M. Figueroa City Attorney REMAII~TDER OF THIS PAGE INTEI~TTIONALLY LEFT BLANK- 10 Intergovernmental Agreement- Signature Page among ~ Pima County, Town of Oro Valley, To~i~n of Marana, City of South Tucson, Town of Sahuarita, Tohono O'Odham Nation, Pascua Yaqui Nation, and the Tucson Airport Authority for the Formation, Implementation, Deployment, Equipping, Governance and Maintenance of a Regional Special Weapons and Tactics Team In Wibtess Whereof, each Participating Jurisdiction has caused this Intergovernmental Agreement to be executed by a representative of that Jurisdiction's governing body, and attested by its clerk, upon resolution of its governing body. TOWN OF >`ZAR~TA ATTEST: Bobby Sutton Jr. Jocel}m C. Bronson Mayor of Marana Town Clerk APPROVED AS TO FORM AND LEGAL AUTHORITY ~~/ ~ Chief Richard Vidauiri Franl: Cassidy Chief of Police, Marana Marana Town Attorney REMAII~'DER OF THIS PAGE INT'ENT'IONALLY LEFT BL_~1\~- 11 ,pW N OF _ TOWN COUNCIL ~'~~~-; MEETING TOWN OF MARANA v MARANA ~ INFORMATION gRIZONI` MEETING DATE: March 1, 2005 AGENDA ITEM: IX. B. 4 TO: MAYOR AND COUNCIL FROM: Roy Cuaron, Finance Director SUBJECT: Resolution No. 2005-23: Relating to Sales Tax; authorizing reim- bursement to Pima County of Town of Marana sales tax for the purchase and installation of a package wastewater treatment plant for the Marana wastewater management facility. DISCUSSION Pima County has issued an award of contract to Smith and Loveless, Inc., for the purchase and installation of a package wastewater treatment plant for the Marana wastewater management fa- cility in the principal amount of $262,000. The contractor will be responsible for the payment of sales tax on this amount, including Town of Marana construction sales tax of 4'/z%, or approxi- mately $7,663.50. Since this project is for the benefit of Marana's citizens, the County has requested that the Town construction sales tax attributable to this project be reimbursed to the County. The attached reso- lution would reimburse the Town's construction sales tax to the County to the extent it is paid by the contractor and received by the Town. RECOMMENDATION Staff recommends that Council authorize the Town Finance Director to reimburse Town of Ma- rana construction sales taxes actually paid and received by the Town of Marana for the purchase and installation of a package wastewater treatment plant for the Marana wastewater management facility. SUGGESTED MOTION I move to adopt Resolution No. 2005-23. ~ooooosso.DOCi~ FJC/cds 2/22/05 ,OWN OF TOWN COUNCIL ~==`°'~~.. MEETING TOWN OF MARANA 9 MARANA ~ INFORMATION gR1ZONP MEETING DATE: March 1, 2005 AGENDA ITEM: IX. B. 4 TO: MAYOR AND COUNCIL FROM: Roy Cuaron, Finance Director SUBJECT: Resolution No. 2005-23: Relating to Sales Tax; authorizing reim- bursement to Pima County of Town of Marana sales tax for the purchase and installation of a package wastewater treatment plant for the Marana wastewater management facility. DISCUSSION Pima County has issued an award of contract to Smith and Loveless, Inc., for the purchase and installation of a package wastewater treatment plant for the Marana wastewater management fa- cility in the principal amount of $262,000. The contractor will be responsible for the payment of sales tax on this amount, including Town of Marana construction sales tax of 4'/2%, or approxi- mately $7,663.50. Since this project is for the benefit of Marana's citizens, the County has requested that the Town construction sales tax attributable to this project be reimbursed to the County. The attached reso- lution would reimburse the Town's construction sales tax to the County to the extent it is paid by the contractor and received by the Town. RECOMMENDATION . Staff recommends that Council authorize the Town Finance Director to reimburse Town of Ma- rana construction sales taxes actually paid and received by the Town of Marana for the purchase and installation of a package wastewater treatment plant for the Marana wastewater management facility. SUGGESTED MOTION I move to adopt Resolution No. 2005-23. ~ooooosso.DOCi} FJC/cds 2/22/05 MARANA RESOLUTION N0.2005-23 RELATING TO SALES TAX; AUTHORIZING REIMBURSEMENT TO PIMA COUNTY OF TOWN OF MARANA SALES TAX FOR THE PURCHASE AND INSTALLATION OF A PACKAGE WASTEWATER TREATMENT PLANT FOR THE MARANA WASTEWATER MANAGEMENT FACILITY. WHEREAS, Pima County has entered into a contract with Smith and Loveless, Inc., for the purchase and installation of a package wastewater treatment plant for the Marana wastewater management facility in the principal amount of $262,000; and WHEREAS, the Town of Marana's construction sales tax will add 4'/z % to the cost of the Smith and Loveless, Inc., contract; and WHEREAS, the expansion of the Marana wastewater management facility provides a direct benefit to the residents of the Town of Marana; and WHEREAS, the Town finds that reimbursement of the Town's construction sales taxes as actually paid by the contractor and received by the Town for the Marana wastewater management facility is in the best interest of the citizens of the Town of Marana. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Town Finance Director is hereby authorized to reimburse to Pima County all Town of Marana construction sales taxes actually paid by contractors for the expansion of the Marana wastewater management facility and actually received by the Town of Marana for same. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this first day of March, 2005. Mayor Bobby Sutton, Jr. ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney {00000551.DOC /} ,pW N OF _ TOWN COUNCIL - "~ MEETING TOWN OF MARANA v MARANA ~ INFORMATION gRIZONP MEETING DATE: March 1, 2005 AGENDA ITEM: IX. B. 5 TO: MAYOR AND COUNCIL FROM: Frank Cassidy, Town Attorney SUBJECT: Ordinance No. 2005.08: Relating to Annexation; extending and increasing the corporate limits of the Town of Marana, Arizona, by annexing certain Cortaro Farms Road right-of--way located adjacent to existing Town limits and between Cerius Stravenue and the centerline of Hartman Lane in section 26, Township 12 South, Range 12 East, Gila and Salt River Meridian. DISCUSSION This ordinance annexes a portion of Cortaro Farms Road right-of--way located adjacent to exist- ing Town boundaries. The Pima County Board of Supervisors is scheduled to consent to this an- nexation at an upcoming regular meeting. Arizona law (A.R.S. § 9-471(N)) provides an acceler- ated alternative annexation process for county right-of--way or roadway with no taxable real property, allowing the annexation to proceed upon approval of the annexation as a published agenda item at a regular public meeting of the governing bodies of the annexing city or town and the affected county. This annexation is being brought forward at this time to facilitate the construction of improve- ments to Cortaro Farms Road. ATTACHMENT Legal description and map. RECOMMENDATION Town staff recommends adoption of Ordinance No. 2005.08. SUGGESTED MOTION I move to adopt Ordinance No. 2005.08. ~ooooosas.DOC i~ Cortaro Road Right-of--Way Annexation 2/17/2005 4: 27 PM FJC MARANA ORDINANCE N0.2005.08 RELATING TO ANNEXATION; EXTENDING AND INCREASING THE CORPORATE LIMITS OF THE TOWN OF MARANA, ARIZONA, BY ANNEXING CERTAIN CORTARO FARMS ROAD RIGHT-OF-WAY LOCATED ADJACENT TO EXISTING TOWN LIMITS AND BETWEEN CERIUS STRAVENUE AND THE CENTERLINE OF HARTMAN LANE IN SECTION 26, TOWNSHIP 12 SOUTH, RANGE 12 EAST, GILA AND SALT RIVER MERIDIAN. WHEREAS, the Mayor and Council of the Town of Marana, Arizona, desire to extend and increase the corporate limits of the Town of Marana to include certain Cortaro Farms Road right-of- way located adjacent to existing Town limits; and WHEREAS, A.R.S. § 9-471(N) authorizes the annexation of county right-of--way or roadway with no taxable real property by mutual consent of the governing bodies of the county and the annexing city or town; and WHEREAS, Pima County has consented to or is anticipated to consent to this annexation as a published agenda item at a regular public meeting of the Pima County Board of Supervisors. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1. The town limits of the Town of Marana are hereby extended and increased to include the Cortaro Farms Road right-of--way located between Cerius Stravenue and the centerline of Hartman Lane in Section 26, Township 12 South, Range 12 East, Gila and Salt River Meridian, as more particularly described and depicted in the legal description and map attached as "Exhibit A" to and incorporated in this Ordinance by this reference. Section 2. In conformance with A.R.S. § 9-471(D) and (N), this annexation shall be effective thirty days after the later of (a) the adoption of this Ordinance or (b) the Pima County Board of Supervisors' consent to this annexation. Section 3. To the extent it is necessary to apply zoning designations to the rights-of--way annexed by this Ordinance, the zoning designations shall be the same as the land within the Town limits located closest to any given point of the right-of--way. Section 4. A copy of this Ordinance, including the legal description and map attached as "Exhibit A," shall be recorded in the Pima County Recorder's office after the Pima County Board of Supervisors consent to this annexation. {00000543.DOC /} Marana Ordinance No. 2005.XX 2/17/2005 3:59 PM Page 1 of 2 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 1 S` day of March, 2005. Mayor BOBBY SUTTON, JR. ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney {00000543.DOC /} Marana Ordinance No. 2005.XX 2/17/2005 3:59 PM Page 2 of 2 LEGAL DESCRIPTION CORTARO FARMS ROAD RIGHT-OF-WAY ALL THAT PORTION OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 12 EAST, GILA AND SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST QUARTER CORNER OF SAID SECTION 26, SAID POINT BEING AN ANGLE POINT IN THE MARANA TOWN LIMITS AS DESCRIBED IN ORDINANCE NO. 2004.05; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID SECTION 26 AND MAR.ANA TOWN LIMITS TO THE SOUTH RIGHT-OF-WAY LINE OF CORTARO FARMS ROAD AS SHOWN ON THE PLAT OF OSHRIN PARK, LOTS 1-30, RECORDED IN BOOK 25 OF MAPS AND PLATS AT PAGE 67, RECORDS OF PIMA COUNTY, ARIZONA; THENCE WESTERLY ALONG SAID SOUTH RIGHT-OF-WAY LINE TO THE EASTERLY END OF A 25.00 FOOT RADIUS CURVE AT THE NORTHWEST CORNER OF LOT 1 OF SAID OSHRIN PARK LOTS 1-30, SAID POINT BEING AN ANGLE POINT IN THE MARANA TOWN LIMITS AS DESCRIBED IN ORDINANCE 99.24; THENCE NORTHERLY ALONG SAID MARANA TOWN LIMITS TO A POINT OPPOSITE OF AND PERPENDICULAR TO SAID EASTERLY END OF 25.00 FOOT RADIUS CURVE, SAID POINT BEING ON THE NORTH RIGHT-OF-WAY LINE OF CORTARO FARMS ROAD AS RECORDED IN BOOK 2 OF ROAD MAPS AT PAGE 123, RECORDS OF PIMA COUNTY, ARIZONA, AND THE SOUTHERLY LINE OF MA]EtANA TOWN LIMITS AS DESCRIBED IN ORDINANCE 90.22; THENCE EASTERLY ALONG SAID NORTH RIGHT-OF-WAY LINE AND MAR.ANA TOWN LIMITS TO THE INTERSECTION WITH THE EAST LINE OF SAID SECTION 26, AND AN ANGLE POINT IN SAID MAR.ANA TOWN LIMITS AS DESCRIBED IN ORDINANCE 2004.05; THENCE SOUTHERLY ALONG SAID EAST LINE AND MARANA TOWN LIMITS TO THE POINT OF BEGINNING. J. LEONARD FONTES JR., R.L.S. P:Vobs1126 Cortaro Farms Road\Legal Descriptions\Cortaro Road RW.doc Page 1 Of 1 LEGAL LOG No. 67 CORTARO FARMS ROAD U.P.R.R. TO STAR GRASS DRIVE RIGHT-OF-WAY a 0 0 U w 56 55 54 53 Z W Q ~ CORTARO RANCH N BOOK 51 M&P/ PAGE 6 w U tt- N of o~ Z O Z O W Z ~ 2Z Qw w U 1 2 0 33 : ~ 51 w o Z Q N J ~ Z 50 34 Q 49 ~ O ~ Q z = o k W 6 OSHR/N PARK BOOK 25 M&P/ PAGE 67 WNN Z 7 ~~~ ~' W N \~ A W ~ SCALE.• 1 °=100' C~PC~ `°" SCPE Consultants, LLC PLANNING 1555 EAST BROADWAY SURVEYING T(JCSON, ARIZONA 85719 520.545.7001 ~pW N OF TOWN COUNCIL '' MEETING TOWN OF MARANA v MARANA ~ INFORMATION gRIZONP MEETING DATE: March 1, 2005 AGENDA ITEM: IX. B. 6 TO: MAYOR AND COUNCIL FROM: Barbara C. Berlin AICP, Planning Director SUBJECT: PUBLIC HEARING. Ordinance No. 2005.09: Relating to Development; rezoning 845-acres of land from "R-144" to zone "F" and creating the Sanders Grove Specific Plan on property located east of Sanders Road, south of Hardin Road, east of Kirby Hughes and north of Marana Road. DISCUSSION The Mayor and Council continued this item from the December 21, 2004 Council Meeting based on the applicants need to complete residential design standards. It was originally presented to Council as Ordinance No. 2004.25. The applicant has submitted and the Town has generally accepted the revised residential design standards. In addition, the applicant has redesigned the project to provide the continued connection of Kirby Hughes Road from Wentz Road to the I-10 frontage Road. Diamond Ventures, represented by The Planning Center, is seeking the approval of a rezoning for an 845-acre site to develop a residential neighborhood with an 18.5 acre commercial area and a variety of open spaces, including a trail system. The subject site is on the north side of Marana Road, south of Hardin Road, between Wentz Road to the west and Sanders Road to the east. Approval of this proposal would rezone the subject area from "R-144" to "F" Specific Plan and adopt the Sanders Grove Specific Plan. GENERAL PLAN The Town of Marana General Plan Update, ratified March 11, 2003, designates the subject area as Low Density Residential (LDR). Per the adopted General Plan the proposed rezoning also requires a minor amendment to the General Plan. The minor amendment is incorporated into this process and would allow for the General Plan land use designation to be changed from Low Density Residential (LDR) to Master Planning Area (MPA). The proposed project meets the criteria for a minor amendment and therefore staff is including the review and recommendation for the minor amendment to the General Plan in conjunction with this application. LAND USE The Sanders Grove Specific Plan proposes 16 Planning Areas with four (4) different land use designations. The land use designations consist of Medium-Low Density Residential (MLDR), Medium Density Residential (MDR), Medium-High Density Residential (MHDR) and 072004 PCZ-03131 Tortolita Vistas SP.doc Commercial (C). The proposed Land Use Concept also includes an Open Space Overlay Zone of 84.8 acres. The proposed specific plan limits the project to no more than 2,500 residential units. Lots next to Wentz Road will contain a minimum of 12,000 square feet to provide a transition and buffer to the existing neighbors to the west. The existing Kirby Hughes Road is the only proposed access onto Wentz Road. The Northwest Marana Area Plan uses aResidential/Commercial concept as its preferred land use design. The Residential/Commercial concept provides or a gradient from the higher intensity uses to the less intensive uses. The proposed Sanders Grove Specific Plan implements the Residential/Commercial concept by placing the higher intensity uses at the southeast corner of the project and placing the less intense of uses towards the west where there is existing residents. TRAFFIC CIRCULATION The Sanders Grove Specific Plan is proposing to provide direct access to the project through access points along Marana Road to the south and Sanders Road to the east. An internal loop street is proposed to serve the project that connects Marana Road and Sanders Road. Kirby Hughes Road will provide an east-west alignment for the northern portion of the project from Wentz Road and the I-10 Frontage Road. This will provide the existing users to the west of Wentz Road the ability to continue to have direct access to the frontage road. The applicant is proposing to limit access from Wentz Road only for the connection to Kirby Hughes Road. All streets will comply with the adopted Town of Marana Local Street standards. The proposed circulation system differs from the adopted Major Routes Rights-of--Way Plan by modifying the existing grid system and creating an internal loop to serve the project. The adjacent roads (Sanders, Marana, Wentz and Hardin) bordering the project will be dedicated and constructed, as necessary, in compliance with the adopted plans. The extension of Tangerine Farms Loop Road to the north-west and the southern east-west connection (Sagebrush Road) are two of the changes to the adopted Major Routes Rights-of--Way Plan being proposed. Staff initially supports the proposed changes to the Major Routes Rights-of--Way Plan, but will need to process the appropriate amendment. With the Town Center planning effort underway the roadways, intersections and overall circulation will be comprehensively reviewed. This will provide staff with a comprehensive update to the Major Routes Rights-of--Way Plan to take in hand the Town Center planning efforts which encompass a larger area than that of this project. Staff has added a condition that prior to the submittal of the Preliminary Block Plat or the first Preliminary Plat the Major Routes Rights-of--Way Plan shall be amended to reflect the proposed changes or an amendment to the Sanders Grove Specific Plan shall be processed to have the circulation system amended to be in conformance with the adopted Major Routes Rights-of--Way Plan. In addition staff is recommending that the applicant hire a third party transportation planner, acceptable to the Town of Marana, to participate in the study to update the current Major Routes Rights-of--Way Plan to address the proposed changes including, but not limited to deletion of the extension of Tangerine Farms Loop Road to the northwest and the elimination of the southern collector alignment (Sagebrush Road). -2- 030105 PCZ-04019 Sanders Grove SP.doc ROAD IMPROVEMENTS Pursuant to the Sanders Grove Preliminary Traffic Analysis (revised 10/25/04) prepared by Curtis Lueck and Associates, the Developer shall submit a Traffic Impact Analysis (TIA) for the property concurrently with the submittal of the first block or preliminary plat for the property, which TIA shall be reviewed by the Town. The timing and scope of construction of road improvements (to include the construction of traffic control signals) to be provided by the Developer will be determined by the Town based on the findings of the TIA. OPEN SPACE, RECREATION AND TRAILS The Sanders Grove Specific Plan will be provided with "pocket parks" located throughout the ~ development. These parks will address the required on-site recreational requirements and be developed in conjunction with the individual subdivisions and meet the minimum Town of Marana adopted standards. The plan proposes the neighborhood park to be located adjacent to the I-10 frontage road. This park will provide active and passive recreational opportunities, including picnic areas, ramadas, grills, soccer/football fields, baseball/softball fields and basketball courts. The master developer proposes to develop the neighborhood park and dedicate the facilities to the Town of Marana. In addition, per the proposed Sanders Grove Specific Plan the developer will improve and dedicate (minimum 20-acres) and/or a monetary contribution equaling a minimum fee of $1,000.00 per residential unit for regional and off-site parks. The project is also proposing a system of trails and open spaces that will provide a pedestrian friendly inter-connective system for the future residences. SEWER & WATER All lots will be served by extending the existing Pima County Wastewater Management sewer system. The developer will prepare at his sole expense, a sewer master plan prior to approval of the sewer plans for the property. The sewer master plan will define the necessary wastewater conveyance scheme to connect to the existing Pima County Wastewater system in a location acceptable to the Town and Pima County. The sewer master plan will also identify the necessary onsite conveyance scheme to provide sewer connection to all of the platted lots or blocks within the Property. The Sewer Master Plan will include a sewer phasing plan that must be acceptable to Pima County Wastewater Management and the Town. Prior to the approval of the water plans for the property, the developer shall prepare a water master plan for the property and shall enter into a Water Service Agreement with the Marana Municipal Water Company ("MMWC") for potable and non-potable systems which sets forth the various agreements of the Parties relating to, among other things, the interconnection and main extension from the existing water system, and the development, construction, dedication, ownership, and design of the water system, including necessary storage and well(s) necessary to serve the Property. The parties intend for MMWC to own the potable and non-potable water systems, that MMWC will provide potable water service to the Property, and that either MMWC or the Cortaro-Marana Irrigation District ("CMID") will provide non-potable water service to the Property (through the non-potable water system constructed by the Developer and dedicated to MMWC). -3- 030105 PCZ-04019 Sanders Grove SP.doc CULTURAL RESOURCES Because the site has not been completely surveyed the Arizona State Museum recommends that an archaeological surface inspection be conducted for the entire site. In conjunction with the inspection any recommended additional testing and/or mitigation measures recommended must be completed prior to any development related ground disturbance. SCHOOL DISTRICT The proposed maximum number of residential units could generate as many as 1,250 kindergarten through sixth grade new students and 1,250 seventh grade through high school new students for the Marana School District. Per the Sanders Grove Specific Plan the Master Developer volunteers to contribute a fee of $1,200.00 per residential unit to mitigate the effects of the proposed development on the Marana Unified School District. In addition, the master developer will reserve a 15-acre school site at the intersection of Sanders Road and the Frontage Road for five years from the adoption of the specific plan. The actual site will be determined through an agreement between the master developer and the Marana Unified School District. FIRE PROTECTION Per the proposed rezoning conditions, prior to a certificate of occupancy being issued for any dwelling unit, the owner shall have completed or shall provide evidence to the Town's satisfaction that he has made a diligent effort to complete the process of having the property annexed into a fire district or otherwise provide for fire protection service, as accepted by the Town of Marana. DESIGN STANDARDS Section IV Development and Design Guidelines provide the regulatory requirements for the proposed specific plan. The applicant has revised the residential design standards to encourage architectural elements that foster and promote "forward living" architecture including front porches, living areas that are designed forward of the garage, as well as reduced and varied second story elements. The design guidelines have been divided into two sets of standards, one consisting of Town of Marana enforced standards and one for the Sanders Grove Design Committee enforced design standards. The six elements contained in the Town of Marana enforced Residential Standards are: 1) Site Planning; 2) Garages; 3) Roofs Design; 4) Front Porches; 5) Streetscapes and Entrances; and 6) Exterior Lighting. RECOMMENDATION Staff recommends approval of the Sanders Grove Specific Plan with conditions as follows: -4- 030105 PCZ-04019 Sanders Grove SP.doc RECOMMENDED CONDITIONS OF APPROVAL 1. Compliance with all applicable provisions of the Town's Codes, adopted Policies and Ordinances current at the time of any subsequent development, except a_s provided for in the specific plan. 2. This rezoning is valid for five years from the date of Town Council approval; if the developer fails to have a final subdivision plat recorded prior to the five years the Town may initiate the necessary action to revert the property to the previous zoning (R-144), upon action by the Town Council. 3. The ultimate development proposed by this rezoning shall be in conformance with the Land Use Concept Plan, the Development and Design Guidelines and consistent with the Development Section of the Sanders Grove Specific Plan, pertaining to, but not limited, to voluntary contributions and other specified mitigations. 4. The property owner shall not cause any lot split of any kind without the written consent of the Town of Marana. 5. No approval, permit or authorization of the Town of Marana authorizes the applicant and/or the landowner to violate any applicable federal or state laws or regulations, or relieves the applicant and/or the landowner from responsibility to ensure compliance with all applicable federal and state laws and regulations, including the Endangered Species Act and the Clean Water Act. The applicant is advised to retain appropriate expert and/or consult with the appropriate federal and state agencies to determine any action necessary to assure compliance with applicable laws and regulations. 6. Prior to the submittal of a Preliminary Block Plat or the first Preliminary Plat the Major Routes Rights-of--Way Plan shall be amended to reflect the proposed changes or an amendment to the Sanders Grove Specific Plan shall be processed or administratively adjusted, as accepted by the Planning Director, to have the circulation system amended to be in conformance with the adopted Major Routes Rights-of--Way Plan. 7. The applicant shall hire a third party Transportation Planner, acceptable to the Town of Marana, to do a study to update the current Major Routes Rights-of--Way Plan to address the proposed changes including, but not limited to deletion of the extension of Tangerine Farms Loop Road to the northwest of Sanders Road and the elimination of the southern collector alignment (Sagebrush Road). 8. The Developer shall dedicate, or cause to have dedicated, the necessary rights-of--way for Sanders, Marana, Wentz, Hardin and Kirby Hughes Roads, and other established roads per the Town of Marana adopted Major Routes Right-of--Way Plan, as may be amended. 9. A water service agreement and a master water plan must be submitted, by the Developer, and accepted by the Utilities Director prior to the approval of the Water Plans. 10. A sewer service agreement and master sewer plan must be submitted, by the Developer, and accepted by Pima County Wastewater Management and the Town Engineer prior to the approval of the sewer plans. 1 1. Before a certificate of occupancy or building services final is issued for any dwelling unit on the property, the developer shall have completed or shall provide evidence to the -5- 030105 PCZ-04019 Sanders Grove SP.doc Town's satisfaction that the developer has made a diligent effort to complete the process of having the property annexed into a fire district or otherwise provide for fire protection service 12. Installation of dual water lines shall be required per the adopted Northwest Marana Area Plan. 13. The site shall be surveyed for archaeological resources and the recommendations from the surveyed will be followed before any development related ground disturbing activities take place. 14. The property owner shall transfer with the final plat, by the appropriate Arizona Department of Water Resources form, those water rights being IGR, Type I or Type II to the Town of Marana for the Town providing designation of assured water supply and water service to said property. If Type I or Type II are needed on said property, the Town and developer/landowner shall arrive at an agreeable solution to the use of those water rights appurtenant to said land. 15. Prior to the issuance of a building permit and pursuant to Marana Ordinance No. 99.02 the property owner(s) within the Lower Santa Cruz River Levee Benefit Area shall enter into a Development Agreement with the Town of Marana to reimburse the Town for this project's proportionate share for the construction cost of the levee. 16. Potential buyers shall be notified that some or all of the property in this rezoning is subject to an annual tax and assessment by Cortaro Marana Irrigation District and Cortaro Water Users' Association. 17. Potential buyers shall be notified that existing agricultural and livestock uses exist in the area and adjacent to the proposed development. Prior to the approval of the first final plat the Planning Director shall approve the method of notification. 18. An annual report shall be submitted within 30 days of the anniversary of the Town Council's approval of the Specific Plan; in addition to those requirements listed in the Land Development Code and Specific Plan. 19. The Town shall accept the final Covenants, Codes, and Restrictions prior to Town Council consideration of the first final plat. 20. The Master Developer shall improve and dedicate (minimum 20-acres) and/or provide a monetary contribution equaling a minimum fee of $1,000.00 per residential unit for regional and off-site park amenities payable at building permit issuance, if not before. 21. The Master Developer has volunteered to contribute a fee of $1,200.00 per residential unit to mitigate the effects of the proposed development on the Marana Unified School District. Verification of fee payment to MUSD shall be provided prior to building permit issuance. 22. The applicant shall address the" corrections identified in the Traffic Engineering memorandum dated February 13, 2005, prior to acceptance of the final specific plan document. -6- 030105 PCZ-04019 Sanders Grove SP.doc 23. The applicant shall include additional graphic representations within the design criteria, to the satisfaction of the Planning Director, to clearly illustrate the intent and meaning of the established standards. 24. The applicant shall make changes to the Sanders Grove Specific Plan document as recommended by the Planning Director prior to acceptance of the final document and provide two (2) digital files in Microsoft Word or other acceptable format, one non- bound original and 25 bound copies of the final document within 30 days of adoption by Town Council. SUGGESTED MOTION I move to adopt Ordinance No. 2005.09 with the recommended conditions. -7- 030]05 PCZ-04019 Sanders Grove SP.doc MARANA ORDINANCE NO. 2005.09 RELATING TO DEVELOPMENT; APPROVING A REZONING OF 845-ACRES OF LAND FROM "R-144" TO ZONE "F" AND CREATING THE SANDERS GROVE SPECIFIC PLAN. WHEREAS, The Planning Center represents the property owners of approximately 845- acres ofland located within portions of Sections 17 and 20, Township 11 South, Range 11 East, as depicted on Exhibit "A", attached hereto and incorporated herein by this reference; and, WHEREAS, the Marana Planning Commission held a public hearing on November 17, 2004, and at said meeting voted 4-0 (Vice-Chair Clanagan, Commissioners Purcella and Schisler excused) to recommend that the Town Council approve said rezone, adopting the recommended conditions; and, WHEREAS, the Marana Town Council heard from representatives of the owner, staff and members of the public at the regular Town Council meeting held December 21, 2004 and March 1, 2005 and has determined that the rezoning meets the criteria for a minor amendment to the General Plan, changing the land use designation from Low Density Residential to Master Planning Area, and should be approved; and. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1. A minor amendment to the General Plan of approximately 845-acres of land located within a portion of Sections 17 and 20, Township 11 South, Range 11 East, on the west side of Sanders Road, south of Hardin Road, east of Wentz Road and north of Marana Road (the "Rezoning Area"), changing the land use designation from Low Density Residential to Master Planning Area. Section 2. The zoning of approximately 845-acres ofland located within a portion of Sections 17 and 20, Township 11 South, Range 11 East, on the east side of Sanders Road, south of Hardin Road, east of Wentz Road and north of Marana Road (the "Rezoning Area"), is hereby changed from Zone "R-144" (Single Family Residential, 144,000 sq. ft. minimum lot size) to "F" (Specific Plan) creating the Sanders Grove Specific Plan. Section 3. The purpose of this rezoning is to allow the use of the Rezoning Area for single family detached and attached homes, with a 18.5-acre commercial development, subject to the following conditions, the violation of which shall be treated in the same manner as a violation of the Town of Marana Land Development Code (but which shall not cause a reversion of this rezoning ordinance): Marana Ordinance No. 2005.09 Page 1 of 4 1. Compliance with all' applicable provisions of the Town's Codes, adopted policies and Ordinances current at the time of any subsequent development including, but not limited to, requirements for public improvements. 2. This rezoning is valid for five years from the date of Town Council approval; if the developer fails to have a final subdivision plat recorded prior to the five years the Town may initiate the necessary action to revert the property to the previous zoning (R-144), upon action by the Town Council. 3. The ultimate development proposed by this rezoning shall be in conformance with the Land Use Concept Plan, the Development and Design Guidelines and consistent with the Development Section of the Sanders Grove Specific Plan, pertaining to, but not limited, to voluntary contributions and other specified mitigations. 4. The property owner shall not cause any lot split of any kind without the written consent of the Town of Marana. 5. No approval, permit or authorization of the Town of Marana authorizes the applicant and/or the landowner to violate any applicable federal or state laws or regulations, or relieves the applicant and/or the landowner from responsibility to ensure compliance with all applicable federal and state laws and regulations, including the Endangered Species Act and the Clean Water Act. The applicant is advised to retain appropriate expert and/or consult with the appropriate federal and state agencies to determine any action necessary to assure compliance with applicable laws and regulations. 6. Prior to the submittal of a Preliminary Block Plat or the first Preliminary Plat the Major Routes Rights-of--Way Plan shall be amended to reflect the proposed changes or an amendment to the Sanders Grove Specific Plan shall be processed or administratively adjusted, as accepted by the Planning Director, to have the circulation system amended to be in conformance with the adopted Major Routes Rights-of--Way Plan. 7. The applicant shall hire a third party Transportation Planner, acceptable to the Town of Marana, to do a study to update the current Major Routes Rights-of--Way Plan to address the proposed changes including, but not limited to deletion of the extension of Tangerine Farms Loop Road to the northwest of Sanders Road and the elimination of the southern collector alignment (Sagebrush Road). 8. The Developer shall dedicate, or cause to have dedicated, the necessary rights-of--way for Sanders, Marana, Wentz, Hardin and Kirby Hughes Roads, and other established roads per the Town of Marana adopted Major Routes Right-of--Way Plan, as may be amended. 9. A water service agreement and a master water plan must be submitted, by the Developer, and accepted by the Utilities Director prior to the approval of the water plans. 10. A sewer service agreement and master sewer plan must be submitted, by the Developer, and accepted by Pima County Wastewater Management and the Town Engineer prior to the approval of the sewer plans. 11. Before a certificate of occupancy or building services final is issued for any dwelling unit on the Property, the Developer shall have completed or shall provide evidence to the Town's satisfaction that Developer has made a diligent effort to complete the process of Marana Ordinance No. 2005.09 Page 2 of 4 having the Property annexed into a fire district or otherwise provide for fire protection service 12. Installation of dual water lines shall be required per the adopted Northwest Marana Area Plan. 13. The site shall be surveyed for archaeological resources and the recommendations from the surveyed will be followed before any development related ground disturbing activities take place. 14. The property owner shall transfer with the final plat, by the appropriate Arizona Department of Water Resources form, those water rights being IGR, Type I or Type II to the Town of Marana for the Town providing designation of assured water supply and water service to said property. If Type I or Type II are needed on said property, the Town and developer/landowner shall arrive at an agreeable solution to the use of those water rights appurtenant to said land. 15. Prior to the issuance of a building permit and pursuant to Marana Ordinance No. 99.02 the property owner(s) within the Lower Santa Cruz River Levee Benefit Area shall enter into a Development Agreement with the Town of Marana to reimburse the Town for this project's proportionate share for the construction cost of the levee. 16. Potential buyers shall be notified that some or all of the property in this rezoning is subject to an annual tax and assessment by Cortaro Marana Irrigation District and Cortaro Water Users' Association. 17. Potential buyers shall be notified that existing agricultural and livestock uses exist in the area and adjacent to the proposed development. Prior to the approval of the first final plat the Planning Director shall approve the method of notification. 18. An annual report shall be submitted within 30 days of the anniversary of the Town Council's approval of the Specific Plan; in addition to those requirements listed in the Land Development Code and Specific Plan. 19. The Town shall accept the final Covenants, Codes, and Restrictions prior to Town Council consideration of the final plat. 20. Per the specific plan, the Master Developer shall improve and dedicate (minimum 20- acres) and/or provide a monetary contribution equaling a minimum fee of $1,000.00 per residential unit for regional and off-site park amenities, payable at building permit issuance, if not before. 21. Per the specific plan, the Master Developer has volunteered to contribute a fee of $1,200.00 per residential unit to mitigate the effects of the proposed development on the Marana Unified School District. Verification of fee payment to MUSD shall be provided prior to building permit issuance. " 22. The applicant shall address the correction identified in the Traffic Engineering memorandum dated February 13, 2005, prior to acceptance of the final specific plan document. Marana Ordinance No. 2005.09 Page 3 of 4 23. The applicant shall include additional graphic representations within the design criteria, to the satisfaction of the Planning Director, to clearly illustrate the intent and meaning of the established standards. 24. The applicant shall make changes to the Sanders Grove Specific Plan document as recommended by the Planning Director prior to acceptance of the final document and provide two (2) digital files in Microsoft Word or other acceptable format, one non-bound original and 25 bound copies of the final document within 30 days of adoption by Town Council. Section 4. All Ordinances, Resolutions and Motions and parts of Ordinances, Resolutions, and Motions of the Marana Town Council in conflict with the provisions of this Ordinance are hereby repealed, effective as of the effective date of Ordinance No. 2005.09. Section 5: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 1St day of March, 2005. Mayor BOBBY SUTTON, JR. ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Ordinance No. 2005.09 Page 4 of 4 Sanders Grove Specific Plan CASE NO. PCZ-04019 1 UWN Uh MAKHNH ~ ~~ `\ - - ,_ r C C7 m KIRBY h ~ !~ ;~ ~' ',' ~ --- - - ~ ~ \ _~ ~I ~----~ ~~~.~ ~~ .~~. \ -' 1 I ~~ -~ - I--- --- `~ MARAN RD ~~, ~~~ , -- GRlER RD ~~.~ l ~\ j f - --- N W E '~~, s 2000f 0 2000 Feet ~- ~. --r------ T- l I ~~~ , ~, ~, ~., ,, ~. z ~-- ~~ :-~ J, ~ ~ ~ ~ ~ 1 ~ ~:~ ~ - ~~ _ _ t~~, ~A ~~a ?~~~F A request by Diamond Ventures to rezone approximately 845 acres of land from R-144 (Single Family Residential, 144,000 square feet minimum lot area) to "F" (the Sanders Grove Specific Plan). The proposed Sanders Grove Specific Plan proposes to develop the site with a mix of residential densities, and an 18.5 acre commercial area with a variety of open spaces and a trail system. The property is located north of Marana Road, west of Sanders Road, south of Hardin Road and East of Wentz Road. 0 0 0 ... .. .-, .•~ a Sanders Grove S eci 'c Plan p Executive Summary PCZ-04019 (I V~_`I ; ~ i~j`,1i_:?. ~~~? i ~ ~ PLANNING CENTER 110 SOUTH CHURCH, SUITE 6320 TUCSON, ARIZONA 85701 520.623.6146 fax 520.622.1950 www. azplanningcenter. com Executive Summary The Sanders Grove Specific Plan encompasses approximately 845 acres in northwest ,_ Marana. The Specific Plan establishes the location and intensity of land uses, the circulation pattern and overall character of the Sanders Grove development. The plan ~, focuses on coordinating a mix of residential densities per acre, with commercial uses, while supporting recreational and open space uses with internal pedestrian capabilities providing linkages to regional open space. A variety of housing options are supported by the Specific Plan, including a range of lot sizes and price ranges and a mix of single- family attached and detached homes. Several changes have been made to the Specific Plan based on discussions with Town staff and neighboring property owners. In the original plan, the majority of Kirby Hughes Road within the property boundaries was to be abandoned. That has been changed. Kirby Hughes Road is proposed to remain and improvements will be made, including a 20-foot landscaped buffer along both sides of the right-of-way. The other significant change is the inclusion of more detailed residential design guidelines. These design guidelines encourage architectural elements that foster and "°" promote forward living architecture including front porches, living areas that are designed forward of the garage, as well as reduced and varied second story elements. ~.. The guidelines have been divided into two categories. The first category consists of Town enforced standards. While the Sanders Grove Design Review Committee (DRC) will review all site and architectural designs for compliance to all the Sanders Grove Design Standards, the enforcement of these standards will. be handled by the appropriate department within the Town. of Marana. The second category of standards will be reviewed and enforced by the DRC. There is overlap by the DRC in almost all categories. This will ensure compliance because the DRC will review all design components prior to submitting to the Town. .._ The 845-acre site will be broken down into 16 parcels, rather than the previous 17, consisting primarily of residential uses. The goal of the land use concept plan remains the same, which is to establish a neighborhood scale and unique identity for Sanders Grove, while at the same time integrating it into the larger community. The higher density housing and commercial area are concentrated in the southeast corner, away from existing residential uses along Wentz Road. Residential densities and intensities ~,!1 Sanders Grove Specific Plan 1 ~.. ~~ Mrz~~ana, Arizona Executive Summary will transition from Medium-High Residential to Medium-Low Residential from east to west, with the lowest residential densities along Wentz Road. ,~ Lots along Wentz Road, within the Medium-Low Density Residential designation, will have a minimum 12,000 square foot lot size to buffer the neighbors to the west. Medium Density Residential, which consists of single-family detached homes, encompasses the .~ majority of the site. Many of the lots will back onto the open space and recreation amenities provided in Sanders Grove. The southeast portion of the site has been "'® designated for commercial use surrounded by Medium-High Density Residential, which may consist of attached and/or detached single-family residences. Open space/recreation provisions within Sanders Grove will meet or exceed the Town's standards, which require 185 square feet per single-family residence (140 square feet for town homes); 6 acres of open space per 1000 residents; and a combination of monetary contributions, dedication of land, or improvements that equal at least $1000 per home for off-site recreation amenities. '°" A system of internal open space linkages has been incorporated into the Sanders Grove Specific Plan. The placement of pocket parks and other open space amenities in close ~-. proximity to residential areas reinforces a sense of community. Private open space areas will be located throughout the development, including a large area extending from the northeast portion of the project site to its southern boundary. The community's public open space includes a neighborhood park, which will. be at least 20 acres and will include playing fields and other public amenities. It will be located along the I-10 Frontage Road at the northern boundary of the project site, to be "' dedicated to the Town of Marana. This open space/recreation area will also help buffer the noise from I-10 that would otherwise affect residents of the development. A multi-use trail system will be included along Marana Road, Sanders Grove Drive, and the linear open space area. This will provide access to the neighborhood park and. the trail system outlined in the Trail System Master Plan (September 2000). ~,~ Sanders Grove Specific Plan 2 Marana, Arizona Executive Summary SANDERS GROVE SPECIFIC PLAN LAND USE CONCEPT AREA ACRES DESIGNATION Plannin Area 1 18.5 C Plannin Area 2 27.5 MDR Plannin Area 3a & 3b 31.1 MHDR Plannin Area 4 58.5 MDR Plannin Area 5 39.0 MDR Plannin Area 6 68.7 MDR Plannin Area 7 61.0 MLDR Plannin Area 8 49.8 MLDR Plannin Area 9 56.3 MLDR Plannin Area 10 57.1 MLDR Plannin Area 11 65.0 MDR Plannin Area 12 57.4 MDR Plannin Area 13 89.8 MDR Plannin Area 14 45.8 MDR Plannin Area 15 49.4 MLDR Plannin Area 16 70.2 MLDR Total Acres 845 O en S ace Overla Zone* 84.8 OS Target Units: 2500 n, ,!~ Sanders Grove Specific Plan 3 Marano, A~~izona Executive Summary The following is a more detailed summary of each section of the Sanders Grove Specific ~- Plan: Section I: Introduction This section of the Specific Plan provides a description of the location of the property as well as a brief summary of the Specific Plan. Section II: Site Analysis The Site Analysis section of the Specific Plan provides a detailed analysis of the relevant characteristics of the existing condition of the property. It follows the Town's site ~-- analysis requirements checklist. .~ Section III Development Plan This section of the Specific Plan provides the description of the proposed. project. Highlights include the following: w Sander's Grove Specific Plan is consistent with the Town of Marana General Plan and the Northwest Area Plan • Landscaped buffers provide transition with adjacent more rural uses, and existing homes. Primary access to the community is via Marana and Sanders Rd., minimizing impact on adjacent neighborhoods. ~,,., 845 acres are divided into 16 planning areas, primarily residential - MLDR =Planning Areas 7,8,9,10, 15, & 16 = 343.8 acres - MDR =Planning Areas 2,4,5,6, 11, 12, 13, 14 = 451.7 acres ~- - MHRD =Planning Areas 3a & 3b = 31.1 acres - C =Planning Area 1=18.5 acres • An internal circulation street, with a series of internal open space linkages, and °' multi-use trails reinforce a sense of community and will connect private and public parks. • Landscape Plan is designed to accomplish the following - Landscaping along I-10 adjacent to the exit and Marana Rd. are key to creating "Gateway to Marana" statement ,,,., - Landscaping will buffer and transition Sanders Grove with adjacent uses - Landscaped pedestrian trails will lead to parks and landscaped gathering places -~ - Drought tolerant plant material and ornamental shade trees will be used in combination. An "orchard or grove grid pattern" may be used to tie into the agricultural heritage of the area • Exact location of parks will be defined in the block plat, in conjunction with engineering, grading and drainage decisions. A public park of at least 20 acres ,_ will be located along the I-10 frontage road and will include ball fields. The ~,!~ Sanders Grove Specific Plan 4 _. ~ Marana, Arizona Executive Summary combination of private and public parks and trails will exceed the Town of Marana's requirements of - 185 sq. ft. per single family swelling unit of on-site improved parks - 6 acres of open space per 1,000 residents ~,~, - Improvements, dedication of land, or monetary contributions equaling $1,000 per rooftop for off-site and regional parks • A 15-acre school site will be reserved for five years. The actual site will be '°' determined with MUSD agreement. A $1,200 per rooftop voluntary contribution to the District will be made • The Town of Marana Municipal Water System is anticipated to provide water service to the site. Two new water systems will be designed; a potable system with. pumping station and storage, and anon-potable system for irrigations. Section IV Development £~ Design Guidelines This section of the Specific Plan sets the standards for development within Sanders Grove. Highlights include the following: • Sanders Grove development and design guidelines supercede the requirements ~- of Section 08.06 of the Land Development Code of Marana where applicable • A Design Review Committee will be established. A procedure that involves pre- design meetings, preliminary plan and final plan approval, the right to review """' work in progress, and final approval of completed construction will be implemented by the DRC in addition to town procedures. This is in addition to the Sanders Grove Specific Plan Community Design Standards ~~. • Residential Development areas are categorized as Medium Low Density Residential (MLDR), Medium Density Residential (MDR), Medium High Density „,,,. Residential (MHDR). - MLDR has a minimum lot area of 6,000 sq. ft. However, no more than 20% of lots can be less than 7,000 sq.ft., and lots abutting Wentz Rd. are ~- restricted to a minimum lot size of 12,000 sq. ft. and single story construction. - MDR has a minimum lot area of 4,500 sq. ft., however no more than 35% °"° of the MDR area may include lots less than 6,000 square feet. - MHDR allows attached residential units with a minimum area per dwelling unit of 3,500 sq. ft. Single family detached units are also allowed in MHDR, per the MDR standards. • Residential Design Criteria /Community Design Standards are established to .„., create more diverse community. Specifically addressed to reduce garage dominance, including living spaces designed forward of the garage, create non- repetitive roofscapes, front porches, and varied second story elements. ~- Town of Marana Enforced Standards include: - Minimum of two access points to each subdivision (unless Marana approved) ~~ Sanders Grove Specific Plan 5 ... ~ Marana, Arizona Executive Summary - Either a 54' ROW street with 28' pavement, 2' rolled curb, 6' landscape buffer (HOA maintained) and two 5' sidewalks OR a 46' ROW street with 32' pavement, 2' rolled curb and a 5' sidewalk at the back of the curb - 20' Landscape Buffers along arterial and. collector roadways ,~.. - 30' maximum building height - No garage shall extend more than 10' beyond home's livable area or front porch ~`~ - Subdivisions with typically 70' wide lots will design one home elevation with a standard side entry or rear-oriented garage - Lots 50' wide or less, no home shall have more than atwo-car garage, ~~ unless the additional bay is minimized by tandem or side-entry design - At least one elevation per parcel. will have the living area of the home forward of the garage - Visual impact of garages will be minimized by using colors similar to adjoining walls, recessed 4", with 12" fascia. Flat-roofed homes shall ~.. have parapets to add massing above the garage doors. - Stagger front-yard garage setbacks. Front-loaded garages will vary 20-23' from back of sidewalk. No more than three consecutive can be at the °~" minimum. 25% of garages shall be set back 23' ft. from back of sidewalk or side-loaded, recessed, or a combination - 10' ft. minimum setback for front porches, side-entry garages, and livable areas in front of garage - No roof-mounted mechanical equipment - Elevations should incorporate varied roof lines, different heights, change of plane or direction - 25% of all elevations shall have front porches or covered terraces that are ~- a minimum of 50' sq. ft. and conform to the style of the home - 40% of the elevations for lots 55' wide or less shall have front porches, balconies of 50' sq. ft. or more "" - Porches that are setback less than 15' from the sidewalk must incorporate a raised element, such as a raised porch, wrap around planter, or seating wall to give vertical scale - Porch columns must be finished in a material compatible with the home (stucco, stone, masonry, wood, or accent material) The column must be a ,~ minimum of 8" by 8" inch. - One 24" box tree must be planted one per lot on local streets and 30' on center on collector streets -W - 6' wide median with two 36" box theme trees shall create strong entry statement at primary neighborhood entries - Exterior lighting will be consistent with southwest desert theme and. meet °""' or exceed Marano Outdoor Lighting Code, energy conserving lamps are encouraged ~,!~ Sanders Grove Specific Plan 6 -- ~ Marano, Arizona Executive Summary - Spotlights and floodlights are prohibited, except as activated by motion detector. Intense or concentrated lights, or unshielded lights are unacceptable. - All wall, soffit, or pathway lighting will be directed downward • Some examples of additional Sanders Grove Design Review Committee enforced guidelines include: (for a comprehensive list, refer to IV-14 of the specific plan ""' document) - Storage of all vehicles must be within a garage, garages must have automatic opener, and garage interiors must have finished drywall - Concrete the shall. be utilized for most of the sloped roofs - No more than 80% of the first floor sq. ft. can be used on the second story ,_. - Cul de sacs which include open space ends, landscaped circles, and curvilinear street designs may be used in addition to Traditional Neighborhood Design #~ - Subdivision entries will include hardscape theme elements in addition to enhanced landscape - Thematic elements that create a sense of home, and neighborhood will be "~" developed for walls, signs, mailboxes etc. - Four-sided 360% architecture is encouraged - A minimum of three home floor plans, each with two distinct elevations will be offered within each lot size category (For parcels of more than 100 lots, there will be a minimum of four home floor plans with two ~,,, elevations each) - Three color schemes will be offered within each lot size category with an LV of 50 or below -•- - No two homes with same elevation and same color schemes can be built on adjacent lots - One elevation shall not be repeated more than every third home °"` - All front, side and rear elevation will include architectural embellishments, such as, covered front entries, front porches, bay windows, dormers. - Each lot front yard will have two trees in addition to the one 24" box street theme tree on each lot, encourage each front yard to have 5 _. medium shrubs - Front yards should have gentle contouring - Encourage front courtyard patios and walls approximately 3' ft. °- - Encourage planter cut-outs between separated garage doors - Encourage use of accent plants • Commercial uses - As the majority of Sander's Grove is residential, and only one Planning area is commercial, please see permitted, conditional uses and development standards on pages IV22-25 of specific plan, prohibited uses are: a,,, - No single user over 60,000' sq. ft. ~,~ Sanders Grove Specific Plan 7 .~..~ ~ Marana, Arizona Executive Summary - No automobile, paint, body, brake and tire shops - No car washes - No contractor yards - No heavy equipment sales or lease ,,.~ - No manufacturing - No storage uses • Minimum 20 acre Public Park will contain °' - Water, electricity, sewer, telephone, restrooms, water fountains, landscaping, irrigation - Shade structures, picnic tables, grills, trash receptacles, park benches, open fencing - Linkages, pedestrian pathways, and perimeter path - Playground Equipment - 2 baseball/softball fields - 1 soccer/football field .~.. - Basketball courts • Pocket Parks (example) - Water, electricity "" - Play structures - Grassy, turf play areas - Ramadas, picnic areas ,.. - Linkages to community - Benches, water fountain, bicycle racks, security lighting ,_, Community Trail System - 30' average trail width with 8' minimum paved multi-use path - Must link all public open spaces, schools, community facilities ~.. - Access points at all street intersections and at a maximum of every .5 miles - Lighting at all street entrances "' - Benches minimally every .5 miles - Accent landscaping • Neigh borhood Trails w. - 20' average width, with 5-8' minimum decomposed granite multi-use path R,,, - Must provide access to community trails and subdivisions - Must be located in every subdivision - Security lighting at access points and where appropriate W- - Landscaped with drought tolerant vegetation, 2 shade trees per every 100' ,with ground cover in between • Entry Features, Signage, Public Art (detail found on page IV-33-35 of specific "~ plan) ~,~ Sanders Grove Specific Plan 8 .- ~~ Ma~~r~na, Arizona Executive Summary Location Map ... rl ~~ ~~ :.. ~M`e Gs°yon ~ ~ Grier R„~~„, • _ ~; _ ~ E: .~ ` ~ Municipal ,, `~_ k 'Complex Moore Road r Tha sito Is iocabd in Township 11 South, Range 11 East, Portions of sections 17 and 20. Parcel ID'ss 217-2A-002q 217-2~-0010, 217-17-0030, 217-17-0020 ~' Legend Project Site ... ! Marena Municipal Complex Streets ... C~~~ Sanders Grove Specific Plan ,_ Marana, Arizona THE PLANNING CENTER ~\ j 110 S. CHURCH AVE., SUI7E 6320 - TUCSON. AZ 85701 [520}623_6746 hoJ~at A~ ur--s~ Orh, 6601 (Rwiwd!-2b04) ~s~n..r~ „v,oJ.et~wv42oWISl~rgs.arruooanoe_1ayw,e 0 4000 Feet ~~ 9 Executive Summary Existing Land Uses On-Site ~~ ... .~. ~. .,, ~ t •~Y~ { ~ ~`~~ F C ~~ } ~" 1 - ! ~` V h A f., y~ ~ Y ~ r b ~~ I ~, I a { ~ r~ _~ i f, I: Ii i ti { l 4tit 1 ~~S{f! ~(µst`I ~1a: I ak 4'~-'~, _ 5 iii ~ { i{}1r-. if {ofrf f:,'Y ~$. N%~'" 1~,~ i r ~~ 1 ,~ n ~ ,~i, II 4~. ', f ~ _ '~ h1 k' q i~ ~, 4 ` i ~;^ I fjl ~~~ r ~~~ Iii }~# w 1 t~ a 'A ~ } { t lfl~ 1r'i~ lti j i{ fl ~ t t,{? r r~a~"r~a -- i , ~ 1 -- . Legend . '.-~'....,. CENTER G 0 Project Site '~ ....._..-~ 115 CHl1RCH AVE., SUfTEAi3p TUCSON. AZ 85701 l5901623R14fi nl.etw svue Existing Irrigation Canals 0 1500 Feet Sanders Grove Specific Plan 10 Marana, Arizona Executive Summary Land Use Concept Plan 1'tARDtN ROAD .r1. ,- ,.. e 0 r•1• ~ z w 3 ewtw I.•. ~S,q ~~ T~ N. SOS ~y sf rri.~ o, S O ¢. m w LEGEND NUIRANA ROAD w OPEN SPACE COMMEHC~A- ~ SPECIF ;C PLAN AREA BOUNDARY UVFHI.AY IUNF MEDIUM-I UN' UI-N5?7Y INF.3A.S'"RiaCTUHF . - - - ~ f'ARCF! r3UUNDAHY ~ THE PLANNING MEDIUra DeNS~rY THAres m CENTER PHOP:)SEO 5CrNUU'_ S+TF \ J 1111. r r r: , w +•~ ....- PH(JPUSEb (;i-IUHCH SffF:i MEDIUM Vi GH DENSTY +~ ~./ . A 3r rr rr::l ucAtxr ~z x.rol i,_ Farhr+n t. '- !~I!• 1 ~ ANIi C; NJ F NI~F I'=F~: 4'Ka NF;"a-AIiG"1. ANll liAll -5~*I+YA~xi:;•.441W "5 ;rf41 WI ::1M:1H- M 1 -~'NIF M -.! M 14 Y ! :- I 4 I~-1~ N A. kASl HU4M H%t"~ 4a '-tH HN YI;.1gN1~'-I , Nr...:f ~::1 it, IAR 1-f Ol FI'11?F.k UI l.M1\fL W ~. fJ I-!A A<R IM~TI ri-~-~.ti FGtYP1 .~lC "=N 'K%I. r6N L.FU, A>r - ~J' 'L_-:~ Sanders Grove Specific Plan 11 ,_ Marana, Arizona Executive Open Space Concept Plan HARO3N ROAD __-__--- ~/ `wL~ L=J E `r~'O FLy r~ S~V h 1 1 ~~ I+1r KiRf3Y '.~ ie:1 HUGHES --_._"___`___J ___...T_~_-__ ___-~_~~___ __,w ___..~..._..__ _.,. _"... ROAD I 'T ~ 1 .1~ \~/ ` 1 •i ~~ . 1 x .~ T L N ~ y :~ • ~ r ` O ,fir 0=. ~•-- _~_~ ~ ' 'l~~ • ~ ^ 'i z ~ ~r 3 I ~.I' w •,,' •~ r •' p ~~ ar G K •1 1 1 • • ~ W 1 ~~ . N .,, .r •,, O •1 _~ --------- ------~1 0 ~~ •~ 1 ,;,~ • o ., ~„ :, ,, '11 . / -- ~I :_., Ir 'i 1 i 'il , 1 :, ~. naa-~.NA R~Aa LEGEND Q HOAPARKS H THE (PRIWATE'!. LkACT f.. ~C ll A5 ' "' PJBLIC OPEN SPACE ~ ~ ~ TRAIL C rIGURATK"N GI NRK ',r CL..4TelJ, - ~~PLANNING evERLAY'wNE ANRTRax AYyT vlLl RJ rvr _ HA I CENTER WFRASTRULTtrfiE LL GEI IA "U'1 C~'ri PL J PRiYATE OPEN 3PMJE H.~M~... VI~T•1 M~M1~MIIV ACIAOI ti.,'~ OVERLAY Z:NE IAC~. IT M-58*fi A] I~:hSE r. L`.. A.. U'i •.1fi ~Hl%vl:.l AV4 31~:" r*JNi6i (: IN tX9 r: ~ ~ ~ ~=`PEG,.F!C PLAN LaE )TH6EL IIf`Ht-, ;IJ S'. CT CF. !_:. ti1C`4'~I;K ~C~.- ~. AREA @OUEAAR+" H e+'1i a aA51~4 R,`Rh i SPAC :)Vi. RI ~'!./iNA PA aK GI..`.rCn ni ?N:aJf e: Gi T•_~A /:~ POCKET PA9K5 _ _ - _ _ RAQKV NA9T?R P AH A'.^f'~~TF~1 f l.".,.~ 'l./ ;PRIVATE'S ~PARCE: @~INDARY T4*~.YJ CN-4A4ANA u ~,^ uoo Sanders Grove Specific Plan Marana, Arizona 12 ~pWN OF _ TOWN COUNCIL MEETING TOWN OF MARANA v MARANA ~ INFORMATION gR120N1' MEETING DATE: March 1, 2005 AGENDA ITEM: IX. B. 7 TO: MAYOR AND COUNCIL FROM: H. Thomas Gill, JR., Interim Director of Public Works SUBJECT: Resolution No. 2005-25: Relating to Capital Improvement Projects; approving and authorizing the Loan Repayment Agreement between the Arizona Transportation Board and the Town of Marana for Project No. 2002-58; Thornydale Road, Orange Grove Road to the Canada del Oro Wash. DISCUSSION During the fourth Quarter of 2004, the Arizona Transportation Board approved a Highway Expansion and Extension Loan Program (HELP) loan of $7,000,000.00 (HELP Loan No: QMRNIPOSU) for right(s)-of--way acquisition, utility relocation, and construction of Project No. 2002-58; Thornydale Road, Orange Grove Road to the Canada del Oro Wash. Approval and authorization of the Loan Repayment Agreement is required from Mayor and Council for the Town Manager to execute the Loan Repayment Agreement between the Arizona Transportation Board and the Town of Marana (Exhibit "A"). Repayments are scheduled for September 15 and March 15 of every year beginning September 15, 2005 with a final payment due March 15, 2010. The Pima Association of Governments FY 2005 through FY 2009 Regional Transportation Improvement Program (TIP) has identified available funds totaling $6,100,000.00 between Fiscal Years 2006 and 2009. An additional $700,000.00 (STPX Funds) was tentatively approved for FY 2010 on January 13, 2005. The total repayment, including interest, of the loan is $7,616,000.00. The remaining $816,000.00 that has not been programmed through the TIP is the responsibility of the Town and would be paid from the Town's Transportation Fund. ATTACHMENT Loan Repayment Agreement (HELP Loan No: QMRNIPOSU). RECOMMENDATION Staff recommends adoption of the Loan Repayment Agreement (HELP Loan No: QMRN 1 POSU). SUGGESTED MOTION I move to adopt Resolution No. 2005-25. Thornydale Road HELP Loan 2/24/2004 1:33 PM FJC MARANA RESOLUTION N0.2005-25 RELATING TO CAPITAL IMPROVEMENT PROJECTS; APPROVING AND AUTHORIZING THE LOAN REPAYMENT AGREEMENT BETWEEN THE ARIZONA TRANSPORTATION BOARD AND THE TOWN OF MARANA FOR PROJECT NO. 2002- 58; THORNYDALE ROAD, ORANGE GROVE ROAD TO THE CANADA DEL ORO WASH. WHEREAS, the Arizona Transportation Board has approved HELP Loan No: QMRNIPOSU in the amount of $7,000,000.00 for Project No. 2002-58; Thornydale Road, Orange Grove Road to Canada del Oro Wash; and WHEREAS, the Town Council desires to execute the Loan Repayment Agreement between the Arizona Transportation Board and the Town of Marana for right(s)-of--way acquisition, utility relocation, and construction of Project No. 2002-58; Thornydale Road, Orange Grove Road to Canada del Oro Wash; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Loan Repayment Agreement between the Arizona Transportation Board and the Town of Marana, attached to and incorporated by this reference in this resolution as Exhibit "A" is hereby approved, and the Town Manager is hereby authorized to execute said Exhibit "A". PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 1st day of March, 2005. Mayor Bobby Sutton, Jr. ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Thornydale Road HELP Loan FJC:RC 3/29/04 Exhibit "A" Loan Repayment Agreement Between Arizona Transportation Board And Town of Marana, Arizona LOAN REPAYMENT AGREEMENT between ARIZONA TRANSPORTATION BOARD And Town of Marana, Arizona HELP Loan No: QMRNIPOSU Dated as of: November 19, 2004 QMRN 1 POS U-LRA.doc TABLE OF CONTENTS Page Article I. DEFINITIONS ........................................................................................ Section 1.01 Definitions ................................................................................ Section 1.02 General Rules ........................................................................... Section 1.03 Authority to Act on Behalf of Recipient .................................. Section 1.04 Authority to Act on Behalf of the Board .................................. .....................1 .....................1 ..................... 3 ..................... 4 ..................... 4 Article II. LOAN ...........................................................................................................................4 Section 2.01 Loan Amount .......................................................................................................4 Section 2.02 Use of Loan Proceeds ..........................................................................................4 Section 2.03 Loan Terms ..........................................................................................................4 Section 2.04 Interest .................................................................................................................4 Section 2.05 Loan Repayments ................................................................................................4 Section 2.06 Prepayments ........................................................................................................4 Section 2.07 Unconditional Obligation ....................................................................................5 Section 2.08 Disclaimer of Warranties ....................................................................................5 Section 2.09 Sources of Repayment of Recipient's Obligations .............................................6 Section 2.10 Loan Fee .............................................................................................................. 6 Section 2.11 Late Fee ...............................................................................................................6 Section 2.12 Maintenance of Records by Board ......................................................................6 Article III. REPRESENTATIONS AND WARRANTIES OF RECIPIENT ...............................6 Section 3.01 Organization and Authority .................................................................................6 Section 3.02 Full Disclosure .....................................................................................................7 Section 3.03 Pending Litigation ...............................................................................................7 Section 3.04 Compliance with Existing Laws and Agreements ..............................................7 Section 3.05 No Defaults ..........................................................................................................8 Section 3.06 Governmental Consent ........................................................................................8 Section 3.07 Compliance with Law .........................................................................................8 Article IV. CONDITIONS TO LOAN AND DISBURSEMENTS ...............................................9 Section 4.01 Conditions Precedent to Loan .............................................................................9 Section 4.02 Conditions to Disbursement from Recipient's Subaccount ..............................10 Article V. COVENANTS OF RECIPIENT ................................................................................10 Section 5.01 Use of Proceeds .................................................................................................10 Section 5.02 Source of Repayment ........................................................................................10 Section 5.03 Performance Under Loan Repayment Agreement ............................................10 QMRN 1 POSU-LRA.doc ~ Section 5.04 Completion of Project and Provision of Moneys Therefore .............................11 Section 5.05 Inspections; Information ...................................................................................11 Section 5.06 Notice of Material Adverse Change .................................................................. l l Section 5.07 Compliance with Applicable Laws ................................................................... l l Section 5.08 Continuing Representations ..............................................................................11 Section 5.09 Additional Covenants of Recipient ................................................................... l l Article VI. ASSIGNMENT ..........................................................................................................12 Section 6.01 Assignment and Transfer by Board ..................................................................12 Section 6.02 Assignment by Recipient ..................................................................................12 Article VII. DEFAULTS AND REMEDIES ................................................................................. 12 Section 7.01 Event of Default ................................................................................................ 12 Section 7.02 Notice of Default ............................................................................................... 13 Section 7.03 Remedies on Default ......................................................................................... 13 Section 7.04 Intercept of State Funds ..................................................................................... 14 Section 7.05 Attorney's Fees and Other Expenses ................................................................ 15 Section 7.06 Application of Moneys ...................................................................................... 15 Section 7.07 No Remedy Exclusive; Waiver; Notice ............................................................ 15 Section 7.08 Retention of Board's Rights .............................................................................. 15 Section 7.09 Default by the Board ......................................................................................... 15 Article VIII. MISCELLANEOUS ...................................................................................................15 Section 8.01 Notices ...............................................................................................................15 Section 8.02 Binding Effect ...................................................................................................16 Section 8.03 Severability ........................................................................................................16 Section 8.04 Amendments, Supplements and Modifications ................................................16 Section 8.05 Execution in Counterparts .................................................................................16 Section 8.06 Headings ............................................................................................................16 Section 8.07 Applicable Law .................................................................................................16 Section 8.08 Loan not an Obligation of the United States of America ...............:.................16 Section 8.09 Further Assurances ............................................................................................16 Section 8.10 Merger; No Waiver ...........................................................................................17 Section 8.11 Cancellation of State Contracts .........................................................................17 EXHIBITS A Description of Recipient and Project ....................... B Eligibility of Project ................................................. C Approved Project Budget ......................................... D Description of Loan Terms ...................................... E Note .......................................................................... F Withhold Certificate .................................................. Al .................................................. B 1 .............................................................................. G Disbursement Request .......................................................................... ..................... C 1 ..................... D 1 ..................... El ..................... Fl ..................... G 1 QMRNl POSU-LRA.doc ~~ THIS LOAN REPAYMENT AGREEMENT, is made and entered into as of the day indicated on the cover page, by and between the ARIZONA TRANSPORTATION BOARD (the "Board"), and the RECIPIENT identified on the cover page hereto. The reference number for this Loan Repayment Agreement is on the cover page hereto. Terms not otherwise defined herein shall have the meanings assigned to them by Section 1.01 of this Loan Repayment Agreement. WITNESSETH: WHEREAS, the Legislature of the State of Arizona ("State") passed Title 28, Chapter 21, Article 5, Arizona Revised Statutes, as amended (the "Act"), which established the Highway Expansion and Extension Loan Program (the "HELP Program") under which the Board is authorized to make loans and provide other financial assistance to the State, its agencies and political subdivisions (as defined in the Act) and Indian tribes (as defined in the Act) for Eligible Projects; and WHEREAS, the Board funds such loans with available moneys in the Highway Expansion and Extension Loan Fund (the "HELP Fund") established by Section 28-7674, A.R.S.; and WHEREAS, the Recipient has made timely application to the Board for a loan to pay a portion of the cost of, or for other financial assistance relating to, the Project (identified herein) and, in accordance with the Act, the Board has received the recommendation of the Highway Expansion and Extension Loan Program Advisory Committee on the Recipient's application and the Board has determined that this Loan Repayment Agreement is in furtherance of funding Eligible Projects pursuant to the Act and has authorized the Board to enter into and perform its obligations under this Loan Repayment Agreement; WHEREAS, the Recipient has agreed to make payments from its Designated Revenues sufficient to repay, when due, the Loan from the Board pursuant to the terms of this Loan Repayment Agreement; and WHEREAS, the Governing Body of the Recipient has authorized the Recipient to undertake the Project, to accept the Loan and to enter into and perform its obligations under this Loan Repayment Agreement. NOW, THEREFORE, for and in consideration of the Loan provided hereunder by the Board, the Recipient agrees to perform its obligations under this Loan Repayment Agreement in accordance with the conditions, covenants and procedures set forth herein. ARTICLE I. DEFINITIONS Section 1.01 Definitions. The following terms as used in this Loan Repayment Agreement shall, unless the context clearly requires otherwise, have the meanings assigned to them below: QMRN 1 POSU-LRA.doc "Act" means Title 28, Chapter 21, Article 5, A.R.S., as the same may be from time to time amended and supplemented. "Authorized Officer" means (a) in the case of the Recipient, the person indicated on Exhibit A(V) or other person or persons authorized pursuant to a resolution or ordinance of the Governing Body of the Recipient to perform any act or execute any document relating to this Loan Repayment Agreement upon behalf of the Recipient and whose name is furnished in writing to the Board signed by the person listed on Exhibit A(V), and (b) in case of the Board, the Chief Financial Officer or Finance Administrator of the Arizona Department of Transportation. "Board" means the Arizona Transportation Board. "Business Day" means any day other than a Saturday, Sunday or legal holiday, or a day on which banking institutions in Phoenix, Arizona or the State Treasurer is closed. "Costs of the Project" shall mean those costs listed in Exhibit C attached hereto and by this reference made a part hereof. The term "Costs of the Project" does not include: (i) costs in excess of one-hundred percent (100%) of the total cost of the Project; (ii) the purchase of equipment and other property not directly related to the Project; (iii) construction or repair of facilities owned by, leased to or operated by private parties; (iv) costs incurred prior to the date of the execution and delivery of this Agreement, except as provided in Section 5.01; and (v) administrative expenses of the Recipient. "Counsel" means an attorney at law or firm of attorneys at law (who may be, without limitation, of counsel to, or an employee of, the Board or the Recipient) duly admitted to practice law before the highest court of any state. "Designated Revenues" means the revenues of the Recipient which are described on Exhibit D(IV) hereto and that will be used by the Recipient to repay the Loan. "Event of Default" means any occurrence or event specified in Section 7.01 hereof. "Governing Body" means the body or official of the Recipient with authority under applicable law to authorize actions of the Recipient relating to this Agreement, the Loan and the Project, as identified in Exhibit A(III). "HELP Fund" means the Highway Expansion and Extension Loan Program Fund created by the Act. "HELP Program" means the Highway Expansion and Extension Loan Program established by the Act. "Loan" means the loan (or other financial assistance) described in Exhibit D hereto and made by the Board to the Recipient to finance a portion of the costs of, or to provide other financial assistance relating to, the Project pursuant to this Loan Repayment Agreement. The Loan shall be funded by the Board solely from amounts held in the HELP Fund and available for such purpose. QMRN 1 POSU-LRA.doc 2 "Loan Repayment Agreement" or "Agreement" means this Loan Repayment Agreement, including the Exhibits attached hereto, as it may be supplemented, modified or amended from time to time in accordance with the terms hereof. "Loan Repayment(s)" means the scheduled payments of principal and interest required to be made by the Recipient pursuant to the provisions of this Agreement and the Note, if any. "Loan Closing Date" means the date when Loan proceeds are disbursed to the Recipient or deposited into the Recipient's Subaccount, as applicable. "Maturity Date" means the final date on which the Loan is payable in full, which date is set forth on Exhibit D. "Note" means the bond or other obligation of the Recipient, if any, that evidences its obligation to repay the Loan made hereunder, as identified on Exhibit E hereto. "Project" means the transportation project of the Recipient described in Exhibit A(N) attached hereto and made a part hereof, a portion of the costs of which is financed, or otherwise assisted, by the Board through the making of the Loan under this Loan Repayment Agreement. "Recipient" means the Recipient described on Exhibit A, and its successors and permitted assigns. "Recipient's Subaccount" [Reserved] "SIB Act" means Section 350 of the National Highway System Designation Act of 1995 (N.S. Act), 23 U.S.C. 101 Note, Public Law 104-59, 109 Stat. 618, and any other provision of federal law providing for state infrastructure banks, infrastructure credit programs and other grant programs for highway purposes and any regulations adopted pursuant to those laws. "SIB Cooperative Agreement" means the Cooperative Agreement, between the Federal Highway Administration of the United States Department of Transportation and the Arizona Department of Transportation, dated September 24, 1996, as amended and supplemented. "State Infrastructure Bank" means the program authorized by the SIB Act and the SIB Cooperative Agreement. "State Treasurer" means the State Treasurer of the State of Arizona. Section 1.02 General Rules. Except where the context otherwise requires, words importing the singular number shall include the plural number and vice versa, and words importing persons shall include firms, associations, corporations, agencies and districts. Words importing one gender shall include the other gender. QMRN 1 POSU-LRA.doc 3 Section 1.03 Authority to Act on Behalf of Recipient. Except as otherwise expressly provided herein, the Authorized Officer of the Recipient shall be authorized to act upon behalf of the Recipient for all purposes hereunder. Section 1.04 Authority to Act on Behalf of the Board. Except as otherwise expressly provided herein, the Chief Financial Officer or Finance Administrator of the Arizona Department of Transportation shall be authorized to act upon behalf of the Board for all purposes hereunder. ARTICLE II. LOAN Section 2.01 Loan Amount. On the Loan Closing Date, the Board hereby agrees to loan to the Recipient, and the Recipient agrees to borrow and accept from the Board, the principal amount set forth on Exhibit D(III). Section 2.02 Use of Loan Proceeds. The Recipient shall use the proceeds of the Loan strictly in accordance with Section 5.01 hereof. Section 2.03 Loan Terms. (a) The principal repayment schedule and the final Maturity Date of the Loan is set forth in Exhibit D(III). (b) All Loan Repayments and prepayments shall be paid as set forth in Exhibit D(III). In the event that the Recipient receives written notification from the Board that payments required to be made pursuant to this Loan Repayment Agreement and the Note, if any, have been assigned by the Board, then all payments hereunder and pursuant to the Note, if any, shall be made directly to the person designated in writing by the Board to the Recipient. Section 2.04 Interest. The Loan and the Note, if any, shall bear interest at the rate set forth in Exhibit D(III). Interest shall be computed on the basis of a 360-day year, consisting of twelve (12), thirty (30) day months. Interest shall be due and payable in arrears and shall accrue from the Loan Closing Date until the principal amount of the Loan, together with accrued unpaid interest thereon, is paid in full. Section 2.05 Loan Repayments. The Loan shall be due and payable in scheduled payments of principal and interest as set forth in Exhibit D(III). The loan repayments, when taken together, shall be in an amount sufficient to amortize the original principal amount of the Loan, together with interest thereon, from the date Loan proceeds are disbursed to the Recipient to the Maturity Date. Section 2.06 Prepayments. (a) The Recipient may prepay its Loan, in whole or in part, upon prior written notice to the Board upon payment by the Recipient of the principal amount of the Loan and the Note, QM RN 1 P0~ U-LRA.doc if any, plus the unpaid interest accrued on such amount to the date of prepayment, and the applicable prepayment premium set forth in Exhibit D(III) hereto and the Note, if any. The Recipient shall provide p]•ior w]•itten notice of not less than 30 days to the Boa]-d (unless the Board accepts shorter notice). (b) Any prepayments of the Loan shall be applied: first to accrued interest on the portion of the Loan prepaid, and then to principal payments (including prepayment premium, if any) on the Loan. Unless otherwise specified in Exhibit D(III), if a prepayment that does not prepay all of the principal of the Loan, the Board shall determine, in its sole discretion, the method by which such Loan prepayment shall be applied to the outstanding principal amount of the Loan. Section 2.07 Unconditional Obligation. The obligation of the Recipient to make the Loan Repayments and all other payments required hereunder and under the Note, if any, and the obligation to pe]-form and observe the other duties, covenants, obligations and agreements on its part contained herein, and in the Note, if any: (a) is payable solely from the Designated Revenues described on Exhibit D(IV) and in the Note, if any; and (b) shall be absolute and unconditional and shall not be abated, rebated, set-off, reduced, abrogated, terminated, waived, diminished, postponed or otherwise modified in any manner or to any extent whatsoever, while any payments under this Agreement and under the Note, if any, remain unpaid, regardless of any contingency, act of God, event or cause whatsoever, including (without limitation) any acts or circumstances that may constitute failure of consideration, eviction or constructive eviction, the taking by eminent domain or destruction of or damage to the Project, commercial frustration of the purpose, any change in the laws of the United States of America or of the State or any political subdivision or in the rules or regulations of any governmental authority, any failure of the Board or any other person to perform and observe any agreement, whether express or implied, or any duty, liability, or obligation arising out of or connected with the Project, this Agreement, or any intergovernmental agreement related to the Project, any rights of set off, recoupment, abatement or counterclaim that the Recipient might otherwise have against the State, the Board, the Arizona Department of Transportation or any other person or persons; provided, however, that payments hereunder shall not constitute a waiver of any such rights of the Recipient. The Recipient shall not be obligated to make any payments required to be made by any other recipient under any separate loan repayment agreement or with respect to any other loan from the HELP Fund. Section 2.08 Disclaimer of Warranties. The Recipient acknowledges and agrees that: (a) the Board makes no warranty or representation, either expressed or implied, as to the value, design, condition, merchantability or fitness for particular purpose or fitness for any use of the Project or any portions thereof or any other warranty or representation with respect thereto; (b) in no event shall the Board or the Arizona Department of Transportation, or any officer, agent or employee thereof, be liable or responsible for any direct, incidental, indirect, special, consequential, punitive or other damages in connection with or arising out of this Loan Repayment Agreement or the Project or the existence, furnishing, functioning or use of the Project. QMRN1 POSU-LRA.doc 5 Section 2.09 Sources of Repayment of Recipient's Obligations. The Board and the Recipient agree that the amounts payable by the Recipient under this Loan Repayment Agreement, including, without limitation, the amounts payable by the Recipient pursuant to Sections 2.05, 2.06 and 7.05, are payable from the Designated Revenues of the Recipient described in Exhibit D(IV). Nothing herein shall be deemed to prevent the Recipient from paying the amounts payable under this Loan Repayment Agreement and the Note, if any, from any other legally available source. Section 2.10 Loan Fee. [Reserved] Section 2.11 Late Fee. If the payment of any Loan Repayment required under this Loan Repayment Agreement or the Note, if any, is delinquent more than fifteen (15) days, the Recipient shall pay to the Board a late charge of five percent (5°Io) of the delinquent Loan Repayment in addition to the Loan Repayment due under this Loan Repayment Agreement or the Note, if any. Section 2.12 Maintenance of Records b~Board. The Board shall, or cause the State Treasurer to, maintain records of all amounts disbursed by the Board on the Loan and all Loan Repayments received from the Recipient. ARTICLE III. REPRESENTATIONS AND WARRANTIES OF RECIPIENT The Recipient represents and warrants to the Board as follows: Section 3.01 Organization and Authority. (a) The organizational status of the Recipient is described on Exhibit A(II). (b) The Project (i) qualifies as an "eligible project" within the meaning of the Act and (ii) if applicable, is a "federal-aid highway" within the meaning of the SIB Act, as set forth in Exhibit B hereto. (c) The Recipient has full legal right and authority and all necessary licenses and permits required as of the date hereof to acquire, construct, own, operate and maintain the Project, other than licenses and permits relating to the acquisition and construction of the Project which the Recipient expects to receive in the ordinary course of business, to carry on its activities relating thereto, to execute and deliver this Loan Repayment Agreement and the Note, if any, to undertake and complete the Project, and to carry out, perform and consummate all transactions contemplated by this Loan Repayment Agreement and the Note, if any. (d) The Project is a project which the Recipient may undertake pursuant to State law and for which the Recipient is authorized by State law to borrow money as herein provided. QMRN 1 POSU-LRA.doc (e) The proceedings of the Recipient's Governing Body approving this Loan Repayment Agreement and the Note, if any, and authorizing the execution, issuance and delivery of this Loan Repayment Agreement and the Note, if any, on behalf of the Recipient and authorizing the Recipient to undertake and complete the Project, have been duly and lawfully adopted in accordance with the laws of the State, and such proceedings were duly approved in accordance with applicable law, at a meeting or meetings which were duly called pursuant to all necessary public notices and held in accordance with applicable State law and at which quorums were present and acting throughout. (f) This Loan Repayment Agreement_ and the Note, if any, have been duly authorized, executed and delivered by duly authorized officer(s) of the Recipient and, assuming that the Board has all the requisite power and authority to authorize, execute and deliver, and has duly authorized, executed and delivered, this Loan Repayment Agreement, this Loan Repayment Agreement and the Note, if any, constitute the legal, valid and binding obligations of the Recipient enforceable in accordance with their terms, and the information contained in Exhibits A, B, C and D is true and accurate in all respects. Section 3.02 Full Disclosure. There is no fact that the Recipient has not disclosed to the Board in writing, in the Recipient's application for the Loan or otherwise, that materially adversely affects the properties, activities, prospects or the condition (financial or otherwise) of the Recipient or the Project or the ability of the Recipient to make all Loan Repayments and otherwise observe and perform its duties, covenants, obligations and agreements under this Loan Repayment Agreement and the Note, if any. Neither the Recipient's application for the Loan nor the Recipient's representations and warranties in this Loan Repayment Agreement and the Note, if any, contain any untrue statement of a material fact or omits any statement or information which is necessary to make the statements therein, in light of the circumstances under which they were made, not misleading. Section 3.03 Pendin Litigation. There are no proceedings pending, or, to the knowledge of the Recipient threatened, against or affecting the Recipient, in any court or before any governmental authority or arbitration board or tribunal that, if adversely determined, would materially adversely affect (a) the Project, (b) properties, activities, prospects or the condition (financial or otherwise) of the Recipient or (c) the ability of the Recipient to make all Loan Repayments and otherwise observe and perform its duties, covenants, obligations and agreements under this Loan Repayment Agreement and the Note, if any. Section 3.04 Compliance with Existing Laws and Agreements. The authorization, execution and delivery of this Loan Repayment Agreement and the Note, if any, by the Recipient, the observation and performance by the Recipient of its duties, covenants, obligations and agreements hereunder and the consummation of the transactions provided for in this Loan Repayment Agreement and the Note, if any, and the undertaking and completion of the Project, will not result in any breach of any of the terms, conditions or provisions of, or constitute a material default under, or result in the creation or imposition of any lien, charge or encumbrance upon any property or assets of the Recipient pursuant to, any existing ordinance or resolution, trust agreement, indenture, mortgage, deed of trust, loan agreement or other instrument (other than any lien and charge arising under this Loan Repayment Agreement and the Note, if any, or any of the documents related hereto) to which the Recipient is a party or by which the Recipient or any of its property or assets may be QMRN 1 POSU-LRA.doc 7 bound, nor will such action result in any material violation of any laws, ordinances, resolutions, rules, regulations or court orders to which the Recipient or its properties or operations is subject. Section 3.05 No Defaults. No event has occurred and no condition exists that, upon authorization, execution and delivery of this Loan Repayment Agreement or the Note, if any, or receipt of the amount of the Loan, would constitute (or with notice and the passage of time or both would constitute) an Event of Default hereunder. The Recipient is not in violation of, and has not received notice of any claimed violation of, any term of any agreement or other instrument to which it is a party or by which it or its properties may be bound, which violation would materially adversely affect the (a) Project, (b) properties, activities, prospects or the condition (financial or otherwise) of the Recipient or (c) the ability of the Recipient to make all Loan Repayments or otherwise observe and perform its duties, covenants, obligations and agreements under this Loan Repayment Agreement and the Note, if any. Section 3.06 Governmental Consent. The Recipient has obtained or will obtain all permits and approvals required by any governmental body or officer for the making, observance or performance by the Recipient of its duties, covenants, obligations and agreements under this Loan Repayment Agreement and the Note, if any, or for the undertaking or completion of the Project and the financing thereof; and the Recipient has complied or will comply with all applicable provisions of law requiring any notification, declaration, filing or registration with any governmental body or officer in connection with the making, observance and performance by the Recipient of its duties, covenants, obligations and agreements under this Loan Repayment Agreement, and the Note, if any, or with the undertaking or completion of the Project and the financing thereof. No material consent, approval or authorization of, or filing, registration or qualification with, any governmental body or officer that has not been obtained is required on the part of the Recipient as a condition to the authorization, execution, delivery and performance of this Loan Repayment Agreement and the Note, if any. Section 3.07 Compliance with Law. (a) The Recipient is in compliance with all laws, ordinances, rules and regulations to which it is subject, non-compliance with which would materially adversely affect the condition (financial of otherwise) of the Recipient or the ability of the Recipient to conduct its activities or undertake or complete the Project; and (b) The Recipients has obtained or will obtain all licenses, permits, franchises or other governmental authorizations presently necessary for the ownership of its property or for the conduct of its activities which, if not obtained, would materially adversely affect the ability of the Recipient to conduct its activities or undertake or complete the Project or the condition (financial or otherwise) of the Recipient. QMRN 1 POSU-LRA.doc 8 ARTICLE IV. CONDITIONS TO LOAN AND DISBURSEMENTS Section 4.01 Conditions Precedent to Loan. The Board shall be under no obligation to disburse Loan proceeds to the Recipient (or to the Recipient's Subaccount, if Section 4.02 applies) unless: (a) the Recipient delivers to the Board, on or prior to the Loan Closing Date, the following documents in form and substance satisfactory to the Board: (i) an opinion of Recipient's Counsel to the effect that: (A) the Recipient is duly formed and operating under State law; (B) the Recipient has full legal right and authority to execute and deliver the Loan Repayment Agreement and the Note, if any, and to observe and perform its duties, covenants, obligations and agreements hereunder and thereunder and to undertake and complete the Project; (C) the Loan Repayment Agreement and the Note, if any, have each been authorized pursuant to a resolution or other official action of the Governing Body of the Recipient that has been adopted and authorized in accordance with applicable State law; and (D) the Loan Repayment Agreement and the Note, if any, have each been duly authorized and executed and delivered by duly authorized officers of the Recipient and each constitutes the legal, valid and binding obligations of the Recipient enforceable in accordance with its terms, subject to customary exceptions for bankruptcy and equity. (ii) A certificate of the Authorized Officer of the Recipient to the effect that: (A) to the knowledge of the Authorized Officer, after due investigation, the authorization, execution and delivery of the Loan Repayment Agreement and the Note, if any, by the Recipient, the observation and performance by the Recipient of its duties, covenants, obligations and agreements hereunder and thereunder, the consummation of the transactions contemplated herein and the undertaking and completion of the Project do not and will not contravene any existing law, rule or regulation or any existing order, injunction, judgment, or decree of any court or governmental or administrative agency, authority or person having jurisdiction over the Recipient or its property or assets or result in a breach or violation of any of the terms and provisions of, or constitute a material default under, any existing agreement to which the Recipient is a party or by which the Recipient or its property or assets is bound; (B) all material approvals, consents or authorizations of, or registrations or filings with, any governmental or public agency, authority or person required on the part of the Recipient in connection with the authorization, execution, delivery and performance of the Loan Repayment Agreement, the Note, if any, and the undertaking and completion of the Project have been obtained or made to the extent it is possible to obtain or make them on or prior to the Loan Closing Date; and (C) there is no litigation or other proceeding pending or, to the best knowledge of the Authorized Officer after due investigation, threatened in any court or other tribunal of competent jurisdiction questioning the creation, organization or existence of the Recipient, the validity, legality or enforceability of the Loan Repayment Agreement, the Note, if any, or the undertaking or completion of the Project; provided, however, that the Board may permit, in its sole discretion, variances in the form of the QMRNI POSU-LRA.doc 9 opinion required under (i) above or in the certificate required under this (ii) if such variances are not to the material detriment of the interests of the Board; (iii) Counterparts of this Loan Repayment Agreement duly executed and de]ivered by authorized officer(s) of the Recipient; (iv) The Note, if any, duly executed and delivered by authorized officer(s) of the Recipient; (v) Evidence that the Costs of the Project to be paid by the Loan have been determined to qualify as an "eligible project" within the meaning of the Act; (vi) Copies of the resolution or other official action of the Governing Body of the Recipient authorizing the execution and delivery of this Loan Repayment Agreement, the Note, if any, and the documents, instruments and agreements required by this Loan Repayment Agreement, certified by an authorized officer of the Recipient; and (vii) Such other certificates, documents, opinions and information as the Board may require as stated in Exhibit D. (b) there is availability of moneys in the HELP Fund available under the Act for use as contemplated under this Agreement. Until the requirements of (a) and (b) above are satisfied to the satisfaction of the Boai-d, there shall be no disbursement of Loan proceeds. Section 4.02 Conditions to Disbursement from Recipient's Subaccount. [Reserved] ARTICLE V. COVENANTS OF RECIPIENT Section 5.01 Use of Proceeds. The Recipient will apply the proceeds of the Loan: (a) to finance all or a portion of the Costs of the Project or to provide the financial assistance relating to the Project, as described on Exhibit D(I); and (b) with the prior written approval of the Board, to reimburse the Recipient for a portion of the Costs of the Project, which portion was paid or incurred in anticipation of reimbursement by the Board. None of the proceeds of the Loan shall be used for administrative purposes by the Recipient. Section 5.02 Source of Repayment. The Loan shall be paid from the Designated Revenues described in Exhibit D(IV) to this Loan Repayment Agreement. Such Designated Revenues shall be applied to the punctual payment of the principal of and the interest on the Loan, and all other amounts due under this Loan Repayment Agreement and the Note, if any, according to the terms hereof. Section 5.03 Performance Under Loan Repayment Agreement. The Recipient covenants and agrees to cooperate with the Board in the observance and performance of the respective duties, QMRNl POSU-LRA.doc 10 covenants, obligations and agreements of the Recipient and the Board under this Loan Repayment Agreement. Section 5.04 Completion of Project and Provision of Moneys Therefore. The Recipient covenants and agrees: (a) to exercise its best efforts in accordance with prudent practice to complete the Project; and (b) to provide from its own financial resources all moneys in excess of the total amount of proceeds it receives pursuant to this Loan Repayment Agreement required to complete the Project. Section 5.05 Inspections; Information. The Recipient acknowledges that the provisions of Section 35-214, A.R.S., are applicable to this Agreement. The Recipient shall permit the Board and the federal government (including but not limited to the Federal Highway Administration) and any party designated by any of such persons to examine, visit and inspect, at any and all reasonable times, the property, if any, constituting the Project, and to inspect and make copies of any accounts, books and records, including, without limitation, its records regarding receipts, disbursements, contracts, investments and any other matters relating thereto and to its financial standing, and shall supply such reports and information as the Board may reasonably require in connection herewith. In addition, the Recipient shall provide the Board with copies of loan documents or other financing documents and any official statements or other forms of offering documents relating to any other bonds, notes or other indebtedness of the Recipient that are issued after the Loan Closing Date and are secured by the Designated Revenues. Section 5.06 Notice of Material Adverse Change. The Recipient shall promptly notify the Board of any material adverse change in the properties, activities, prospects or the condition (financial or otherwise) of the Recipient or the Project or in the ability of the Recipient to make all Loan Repayments and otherwise observe and perform its duties, covenants, obligations and agreements under this Loan Repayment Agreement. Section 5.07 Compliance with Applicable Laws. The Recipient will comply with the requirements of all applicable laws, rules, regulations and orders of the State, the Federal Highway Administration and all other governmental authorities that relate to the design, acquisition, construction and operation of the Project, and neither the State nor the Arizona Department of Transportation assumes any responsibility for such compliance as a result of the Loan or this Loan Repayment Agreement or any other action under the Act. Section 5.08 Continuing Representations. The representations of the Recipient contained herein shall be true at the time of the execution of this Loan Repayment Agreement and at all times during the term of this Loan Repayment Agreement. Section 5.09 Additional Covenants of Recipient. Recipient shall comply with the additional covenants, if any, set forth on Exhibit D(V17. QMRNIPOSU-LRA.doc 11 ARTICLE VI. ASSIGNMENT Section 6.01 Assignment and Transfer by Board. The Recipient expressly acknowledges that, other than the right, title and interest of the Board under Section 7.08 of this Loan Repayment Agreement, all right, title and interest of the Board in, to and under this Loan Repayment Agreement and the Note, if any, may, at the sole discretion of the Board, be assigned by the Board to a trustee or other person (the "Assignee") as security for bonds that the Board may issue, as permitted by State law, and that if any Event of Default shall occur and if this Loan Repayment Agreement and the Note, if any, have been so assigned, then the Assignee shall be entitled to act hereunder in the place and stead of the Board. The Recipient consents to assignment of this Loan Repayment Agreement and the Note, if any. The Board acknowledges that the Recipient is not a party to and has, and will have, no obligation to perform any of the Board's covenants, agreements or obligations under any such bonds the Board may issue, and that the Recipient is only required to observe and perform its covenants, agreements and obligations under this Loan Repayment Agreement and the Note, if any, and, if and when requested by the Board, to cooperate with the Board in order to enable the Board to comply with the Board's covenants, agreements or obligations relating to such bonds. This Loan Repayment Agreement, including, without limitation, the right to receive payments required to be made by the Recipient hereunder and to compel or otherwise enforce observance and performance by the Recipient of its other duties, covenants, obligations and agreements hereunder, and the Note, if any, may be sold by the Board to a third party or may be further transferred, assigned and reassigned in whole or in part to one or more assignees or subassignees by any Assignee at any time subsequent to its execution without the necessity of obtaining the consent of, but after giving prior written notice to, the Recipient. Section 6.02 Assignment by Recipient. This Loan Repayment. Agreement and the Note, if any, may not be assigned by the Recipient without the prior written consent of the Board. The Board may grant or withhold such consent in its sole discretion. In the event of an assignment of this Loan Repayment Agreement and the Note, if any, by Recipient with the prior written consent of the Board and assumption of the obligations hereunder, Recipient shall pay, or cause to be paid, to the Board any fees or costs incurred by the Board as the result of such assignment, including but not limited to, attorney fees. ARTICLE VII. DEFAULTS AND REMEDIES Section 7.01 Event of Default. If any of the following events occurs, it is hereby defined as and declared to be and to constitute an "Event of Default": (a) Failure by the Recipient to pay, or cause to be paid, any Loan Repayment required to be paid hereunder, on the due date thereof; or QMRN 1 POSU-LRA.doc 12 (b) Any representation made by or on behalf of the Recipient contained in this Loan Repayment Agreement, or in any agreement, instrument, certificate or document furnished in compliance with or with reference to this Loan Repayment Agreement or the Loan or under the Note, if any, is false or misleading in any material respect; or (c) A petition is filed by or against the Recipient under any federal or State bankruptcy or insolvency law or other similar law in effect on the date of this Loan Repayment Agreement or thereafter enacted, unless in the case of any such petition filed against the Recipient such petition shall be dismissed within 30 calendar days after such filing, and such dismissal shall be final and not subject to appeal; or the Recipient shall become insolvent or bankrupt or make an assignment for the benefit of its creditors; or a custodian (including without limitation, a trustee, receiver, custodian, liquidator, or the like of Recipient or any of its property) shall be appointed by court order or take possession of the Recipient or its property or assets if such order remains in effect or such possession continues for more than thirty (30) calendar days; or (d) Failure by the Recipient to observe and perform any duty, covenant, obligation or agreement on its part to be observed or performed under this Loan Repayment Agreement, other than as refen-ed to in subsections (a) through (c) of this Section, which failure shall continue for a period of thirty (30) calendar days after written notice, specifying such failure and requesting that it be remedied, is given to the Recipient by the Board, unless the Board shall agree in writing to an extension of such time prior to its expiration; provided, however, that if the failure stated in such notice is correctable but cannot be corrected within the applicable period, the Board may not unreasonably withhold their consent to an extension of such time up to one hundred twenty (120) calendar days of the written notice referred to above if corrective action is instituted by the Recipient within the applicable period and diligently pursued until the Event of Default is corrected; or (e) Recipient fails to proceed expeditiously with, or to complete, the Project. Section 7.02 Notice of Default. The Recipient shall give the Board prompt telephonic notice of the occurrence of any event or condition that constitutes an Event of Default at such time as the Authorized Officer, any senior administrative or financial officer of the Recipient becomes aware of the existence thereof. Any telephonic notice pursuant to this Section 7.02 shall be confirmed in writing as soon as is practicable by the Recipient. Section 7.03 Remedies on Default. Whenever an Event of Default referred to in Section 7.01 hereof shall have occurred and be continuing, the Board shall have the right to take any action permitted or required pursuant to the Loan Repayment Agreement or the Note, if any, and to take whatever other action under the Act, at law or in equity may appear necessary or desirable to collect the amounts then due and thereafter to become due hereunder or to enforce the performance and observance of any duty, covenant, obligation or agreement of the Recipient hereunder, including, without limitation, (i) directing intercept of certain State funds pursuant to Section 7.04, (ii) refusing to disburse any further Loan proceeds and applying any moneys in Recipient's Subaccount to cure any payments default, and (iii) barring the Recipient from applying for future assistance from the HELP Fund. QMRNl POSU-LRA.doc 13 In addition, if an Event of Default referred to in Section 7.01 (a) hereof shall have occurred and be continuing, the Board shall have the right to declare all Loan Repayments and all other amounts due hereunder to be immediately due and payable, and upon notice to_ t_he Recipient the same shall become due and payable without further notice or demand. Section 7.04 Intercept of State Funds. (a) If the Recipient is a city, county or town and if an Event of Default referred to in Section 7.01(a) shall have occurred and be continuing, then the Board shall have the right to send a written notice to the State Treasurer on the form of Exhibit F hereto (the "Withhold Certificate"). In the Withhold Certificate, the Board shall certify the amount of any Loan Repayment which is past due (the "Deficiency") and direct the State Treasurer, in accordance with Section 28- 7676(K), A.R.S., to withhold from the Recipient's next succeeding distribution(s) of moneys pursuant to Title 28, Chapter 18, Article 2 and Section 42-6107, A.R.S., an amount necessary to cure such Deficiency. The Board may provide such Withhold Certificate for each such Event of Default and shall mail a copy of each Withhold Certificate to the Authorized Officer of such defaulting city, county or town. (b) On receipt of such Withhold Certificate and subject to (c) below, the State Treasurer shall withhold the amount of such Deficiency from the next distribution(s) of moneys to such defaulting city, county or town pursuant to Title 28, Chapter 18, Article 2, and withhold from such defaulting county's next distribution(s) of moneys pursuant to Section 42-6107, A.R.S. (collectively, the "State Distributions"). The State Treasurer shall immediately deposit the amounts so withheld into the HELP Fund and shall continue to withhold State Distributions and deposit them into the HELP Fund until the Authorized Officer of the Board certifies to the State Treasurer that the Deficiency has been cured. (c) Notwithstanding (b) above, the State Treasurer shall, as required by the Act, not withhold from the State Distributions any amount that the defaulting city, county or town certifies in writing prior to such withholding to the State Treasurer and the Authorized Officer of the Board (the "Certificate of Required Deposits") to be necessary to make any required deposits then due for the payment of principal and interest on bonds issued by such defaulting city or town pursuant to Title 48, Chapter 4, Article 5, or by such defaulting county pursuant to Title 11, Chapter 2, Article 12. In such Certificate of Required Deposits, the defaulting city, county or town shall set forth the dollar amount that is then due for payment of principal and interest on such bonds; and specifically identify the bonds and the date that the principal and interest was due. Upon receipt of such Certificate of Required Deposits, the State Treasurer shall distribute from the State Distributions: (i) to such city, county or town, the amount set forth in the Certificate of Required Deposit, and (ii) to the appropriate subaccount in the HELP Fund, the balance, if any, remaining after (i). QMRN 1 POSU-LRA.doc 14 Section 7.05 Attorney's Fees and Other Expenses. The Recipient shall, on demand, pay to the Board the reasonable fees and expenses of attorneys, whether at trial or on appeal, and other reasonable expenses (including without limitation expert witness fees and the reasonable allocated costs of in-house counsel and legal staff) incurred by the Board in the collection of Loan Repayments or any other sum due hereunder or in the enforcement of performance or observation of any other duties, covenants, obligations or agreements of the Recipient. Section 7.06 Application of Moneys. Any moneys collected by the Board pursuant to Section 7.03 hereof shall be applied in the following order: (a) to pay any attorney's fees or other fees and expenses owed by the Recipient hereunder, (b) to pay interest due and payable on the Loan, and (c) to pay principal due and payable on the Loan. Section 7.07 No Remedy Exclusive; Waiver; Notice. No remedy herein conferred upon or reserved to the Board is intended to be exclusive, and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Loan Repayment Agreement or Note, if any, or now or hereafter existing at law or in equity. No delay or omission to exercise any right, remedy or power accruing upon any Event of Default shall impair any such right, remedy or power or shall be construed to be a waiver thereof, but any such right, remedy or power may be exercised from time to time and as often as may be deemed expedient. To entitle the Board to exercise any remedy reserved to it in this Article, it shall not be necessary to give any notice, other than such notice as may be required in this Article VII. Section 7.08 Retention of Board's Rights. Notwithstanding any assignment or transfer of this Loan Repayment Agreement and the Note, if any, pursuant to the provisions hereof or anything else to the contrary contained herein, the Board shall have the right upon the occurrence of an Event of Default to take any action, including (without limitation) bringing an action against the Recipient at law or in equity, as the Board may, in its discretion, deem necessary to enforce the obligations of the Recipient to the Board pursuant to Section 7.05 hereof. Section 7.09 Default by the Board. In the event of any default by the Board under any covenant, agreement or obligation of this Loan Repayment Agreement, the Recipient's remedy for such default shall be limited to injunction, special action, action for specific performance or any other available equitable remedy designed to enforce the performance or observance of any duty, covenant, obligation or agreement of the Board hereunder as may be necessary or appropriate. To the extent permitted by law, the Board shall on demand pay to the Recipient the reasonable fees and expenses of attorneys and other reasonable expenses in the enforcement of such performance or observation. ARTICLE VIII. MISCELLANEOUS Section 8.01 Notices. All notices, certificates or other communications hereunder shall be sufficiently given and shall be deemed given when hand delivered or mailed by registered or certified mail, postage prepaid, or by a nationally recognized overnight delivery service with signature required upon receipt, to the Recipient and to the Board at the addresses set forth below, or actually delivered to such party by physical delivery or by facsimile with evidence of receipt. QMRN 1 POS U-LRA.doc 15 Notices and communications given by mail hereunder shall be deemed to have been given 5 days after the date of dispatch; all other notices shall be deemed to have been given upon receipt. Changes in the respective addresses to which such notices and communications may be directed may be made from time to time by any party by written notice to the other party. Rejection, or refusal to accept, or inability to deliver because of a change of address of which no notice was given as provided herein, shall be deemed to be receipt of the notice sent. If to the Board: Arizona Transportation Board 206 S. 17th Avenue Phoenix, Aritiona 85007 Attn: Chairman, with a copy to the Chief Financial Officer of the Department If to the Recipient: Address on Exhibit A(I) Section 8.02 Binding Effect. This Loan Repayment Agreement shall inure to the benefit of and shall be binding upon the Board and the Recipient and their respective successors and assigns. Section 8.03 Severabilitv. In the event any provision of this Loan Repayment Agreement shall be held illegal, invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate, render unenforceable or otherwise affect any other provision hereof Section 8.04 Amendments, Supplements and Modifications. This Loan Repayment Agreement may not be amended, supplemented or modified without the prior written consent of the Board, acting as a body, and the Recipient, acting through its Governing Body. This Loan Repayment Agreement may not be amended, supplemented or modified in a manner that is not in compliance with the Act. Section 8.05 Execution in Counterparts. This Loan Repayment Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. Section 8.06 Headings. The Section headings in this Loan Repayment Agreement are intended to be for reference purposes only and shall in no way modify or restrict any of the terms or provisions hereof. Section 8.07 Applicable Law. This Loan Repayment Agreement shall be governed by and construed in accordance with the laws of the State. Section 8.08 Loan not an Obligation of the United States of America. The covenants, agreements and obligations of the Board contained in this Loan Repayment Agreement shall not be construed to be covenants, agreements or obligations of the United States of America. Section 8.09 Further Assurances. The Recipient shall, at the request of the Board, authorize, execute, acknowledge and deliver such further resolutions, conveyances, transfers, assurances, financing statements and other instruments as may be necessary or desirable for assuring, QMRN 1 POSU-LRA.doc 16 conveying, granting, assigning and confirming the rights, security interests and agreements granted or intended to be granted by this Loan Repayment Agreement. Section 8.10 Merger; No Waiver. This Loan Repayment Agreement and attached exhibits constitute the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Loan Repayment Agreement. No waiver of any provision of this Loan Repayment Agreement and the Note, if any, or consent shall bind either party unless in writing and signed by both parties. Such waiver or consent, if made, shall be effective only in the specific instance and for the specific purpose given. The failure of the Board to enforce any provision of this Loan Repayment Agreement and the Note, if any, shall not constitute a waiver by the Board of that or any other provision. Section 8.11 Cancellation of State Contracts. This Loan Repayment Agreement may be cancelled in accordance with Arizona Revised Statutes Section 38-511. QMRN 1 POSU-LRA.doc 17 IN WITNESS WHEREOF, the Board and the Recipient have caused this Loan Repayment Agreement to be executed and delivered as of the date first above written. ARIZONA TRANSPORTATION BOARD TOWN OF MARANA Recipient By: ~ _ By:_ Title: ~~/l~~fN^ Title: Date: NouCw~ ~~ ~ ~ . 2Od`'~ Date: QMRN 1 POSU-LRA.doc t $ Exhibit A to Loan Repayment Agreement DESCRIPTION OF RECIPIENT AND PROJECT I. Recipient Name: Town of Marana, Arizona Address: 13251 N. Lon Adams Road Marana, Arizona 85653 Attn: Town Manager II. Organizational Status: Town (e.g., city, town, county, special taxing district authorized by State of Arizona law to construct a Project, or the State of Arizona or its departments) III. Governing Body of Recipient: Town Council of the Town of Marana IV. Project: The Project consists of the reconstruction of Thornydale Road in the Town of Marana as described in Recipient's HELP application dated October 5, 2004. V. Authorized Officer of Recipient: Mr. Michael Reuwsaat Town Manager QMRNIPOSU-LRA.doc D2 Exhibit B to Loan Repayment Agreement ELIGIBILITY OF PROJECT Pursuant to Section 4.01(a)(v), Recipient shall furnish to the Board both (I) and (II) below: I. Evidence that the Project is a highway project that is both: (a) on the federal-aid system, national highway system or state route or state highway system; and (b) included in either: (i) the Arizona Department of Transportation's state highway construction plan, or (ii) the transportation improvement plan of a regional association of governments. II. Evidence that the Project is a "federal-aid highway" within the meaning of the SIB Act or eligible for assistance under the provisions of Title 23, U.S.C., provided, however, this requirement II is not applicable to the extent permitted under the SIB Act and the SIB Cooperative Agreement, as determined by the Board. QMRN 1 POSU-LRA.doc Exhibit C to Loan Repayment Agreement APPROVED PROJECT BUDGET See attached excerpt from the Five-Year Transportation Construction Improvement Plan for fiscal years ?005-2009 Participation Rate: Not Applicable (Percentage of Costs of Project to be paid with Loan. If Loan is in form of financial assistance relating to the Project, indicate "Not Applicable.") QMRNIPOSU - LRA.doc E1 L G 0 ^L ii a N f''~`` ~wV .^ O L ^~ Y.~ 0 0 N Lt's O O N N ~^~` W i O 0 ~~ .~ N Q 'a U O c c c c c w cn ~ m m m ~ ~ Z ~ d ~ ~ ~ ~ ~ d ~ X o O ° d H (O T o ~ E E N O O O 0 0 0 O O O d O O O O O O ~ O O ( D X o ~ ° d ~ co T o € E ~ N o 0 0 0 0 0 0 0 o a o 0 0 0 0 o a 0 o 0 co Q ~ Z - ~ 0 ~ X o LL O W ^ d (D N ~ O 1- Q O N O O O 0 0 0 Cn 00 O O ~ d O O O 0 0 0 d Z ~ N 0 co Q O ~ w O ~ ~ a = a ~ ~ d ~ cn 0 w Z 0 ~ ~ ~ 2 o U N o 0 0 0 0 o rn o d o 0 0 0 0 0 °o ~ n M O ~ W _ II J ~ ~ p CO N (O N d F- W Q ~ >. " p N X 0 0 U O (n O O O U O S 0 O ~ V d O O O ~ ~ O O O p ~ ` ~ 0 O ~ C`7 r N II ~ II N II J J J JUG w o o i°n ~ o tt N N O O O O H ~ U o N d d ~ w a a ~ ~ m ,_ o U N C ~ 'O ~ U (C >. N ~>, o- f- Y N N > c F- ~ N Q o ~ ~ m ~~ ~ >. ~ ~ ~ a >. w m ~ m w 'a ~ ¢ ~ > ~ w css ~ ¢ (~ C Y Q Q ~ f0 Z M- ~ ~ .. C c0 .. ~ cQ ~ • ~ E .. ~ O U ~ Q 'p -O ~ c0 ~ ~ ~ ~ ~ = C ~ ~ 'a o ~ ~ ~ ~ ~ ~ ~ Q ~ ~ Q ~ ~ Q ~ a~ o Q i o ~ Q CL ~ E_ ~ ~ ~ ~ r -o cn d ~ a~ (n '- cC "O Cn N ~ ~ in d ~ J _ ~ N ~ d L H N H R > ~ H Q ~ y H Y ~ ~ } W Z W~ - d ~ 'd ~ V J •L YO Qj J C ~ ~ CJ tD J O ~ ~ U ~ J G1 N i ~ J W~ 7 Q ~ ~ O Q ~ N U Q = L O Q = Q ~ Q. U U i Q ~ ~ ~ W a ~ C ~ ~ y ~ ~ m C ~ ~ C t6 cnl-a > ' o ~ ~ ~ ` ~ = a ~ ~ ~ a ~ 3 a o ~ v~ U 3 ¢ t- m ~ a i- 0 3 a t- ~ o a t- ~n U J O O ~p fII ~ ~ L /T J O N V O N N O ~ ~ ~L^ O ~ O O O O V _ -U ~ C~ ~ r lf~ O O O ~ C N _ J W J a W ~ O O O O ~ E- ~ N N N (D r r Exhibit D to Loan Repayment Agreement DESCRIPTION OF LOAN TERMS Recipient: Town of Marana (Thoinydale Road Reconstruction Project) I. Loan or Other Financial Assistance: Loan equal to $7,000,000.00 II. Loan Number: QMRNIPOSU - III. Terms: Principal Amount: $7,000,000.00 Interest Rate: To be determined. Source of Loan Funds/Source of Repayment Funds: Unrestricted/Unrestricted Interest Payment Dates: Interest is due and payable each March 15 and September 15, beginning September 15, 2005, or if such day is not a Business Day, on the next succeeding Business Day, as calculated in Section 2.04 of the Loan Repayment Agreement. Interest is payable to the State Treasurer as described below: Bank of America, N.A ABA # 0260-0959-3 101 N. ls` Avenue For credit to Acct # 0046 7384 3551 Phoenix, AZ 85003 "ADOT - HELP" Contact: Judy Covey Phone: 602-594-2726 Principal Repayment Schedule and Maturity Date:l See attached repayment schedule. Principal payments are to be made to the same manner as interest payments, as stated above. Prepayment Terms and Premium: As set forth in Section 2.06 (no premium for prepayment). 1 If the source of the Loan is moneys derived from a SIB Cooperative Agreement, the final Maturity Date shall not be longer than ten (10) years after the date the Project is opened to traffic. If the source of the Loan is other moneys, the final Maturity Date of the Loan shall not be longer than five (5) years after the date the Project is opened to traffic. QMRNI POSU - LRA.doc El Attachment 1 to Exhibit D Town of Marana, Thornydale Road Reconstruction Project Estimated Loan Repayment Schedule Delivery: 1 S-Mar-OS Estimated Estimated Estimated Estimated Principal Interest Interest Debt Service Date Payment Rate Payment Payment 15-Sep-OS - 3.50% $122,500 $122,500 15-Mar-06 $2,100,000 3.50% $122,500 $2,222,500 15-Sep-06 - 3.50% $85,750 $85,750 15-Mar-07 $2,000,000 3.50% $85,750 $2,085,750 15-Sep-07 - 3.50% $50,750 $50,750 15-Mar-08 $1,000,000 3.50% $50,750 $1,050,750 15-Sep-08 - 3.50% $33,250 $33,250 15-Mar-09 $1,000,000 3.50% $33,250 $1,033,250 15-Sep-09 - 3.50% $15,750 $15,750 15-Mar-10 $900,000 3.50% $15,750 $915,750 Totals $7,000,000 $616,000 $7,616,000 Exhibit D to Loan Repayment Agreement (continued) Loan Closing Date: March 15, 2005 (or such other mutually acceptable date). Disbursement of Loan Proceeds to Recipient: Within two business days of Loan Closing Date. IV. Designated Revenues to be used by Recipient to repay Loan: The Recipient agrees and promises to pay amounts necessary to fully provide for the principal and interest repayment, of the loan when due, from HURF Exchange funds programmed in the PAG TIP and available to the Recipient for the project, Recipient's dedicated highway user revenue fund revenue, and other funds legally available for such purpose. V. Loan Fee: NONE VI. Additional Covenants of Recipient: a) The Recipient will maintain project accounts in accordance with generally accepted accounting standards. b) The Recipient will report the project status and spending progress on the project to the Board on a quarterly basis beginning July 1, 2005. Such report may be in letter form, addressed to the Board with a copy to the Chief Financial Officer of the Department. QMRN 1 POSU-LRA.doc D2 Exhibit E to Loan Repayment Agreement NOTE NOT APPLICABLE QMRNIPOSU - LRA.doc EI Exhibit F to Loan Repavment Agreement WITHHOLD CERTIFICATE Arizona State Treasurer 1800 West Washington West Wing, 1St Floor Phoenix, Arizona 85007 ATTN: Deputy Treasurer - Re: Withholding Under A.R.S. § 28-7676(K) On behalf of the Arizona Transportation Board (the "Board"), the undersigned hereby: 1. Certifies to the State Treasurer that the (the "Defaulting Governmental Body") has failed to make a payment due to the Board under its HELP Program Loan Repayment Agreement with the Board and the amount of such deficiency is $ (the "Deficiency"). 2. Directs the State Treasurer to withhold from the Defaulting Governmental Body's next distributions of moneys pursuant to Title 18, Chapter 18, Article 2 and (if the Defaulting Governmental Body is a county) from the defaulting county's next distribution of moneys pursuant to A.R.S. § 42-6107, amounts sufficient to cure the Deficiency. The State Treasurer shall continue such withholding until the undersigned certifies to the State Treasurer that the Deficiency has been cured. Upon receipt of this Certificate, the State Treasurer, as authorized by A.R.S. § 28- 7676(K) and to the extent not otherwise expressly prohibited by law and subject to paragraph 3, shall make such withholding and transfer the amount so withheld to the following subaccount in the Highway Expansion and Extension Loan Program Fund established by Section 28-7674, A.R.S.: [HERE DESCRIBE ACCOUNT INTO WHICH STATE TREASURER WILL DEPOSIT WITHHOLDING] 3. Notwithstanding paragraph 2, the State Treasurer shall not withhold from the distributions of moneys under Title 18, Chapter 18, Article 2 and Section 42-6107 any amount that is necessary, as certified in writing prior to such withholding by the Authorized Officer of the Defaulting Governmental Body to the State Treasurer and the undersigned, to make any required deposits then due for payment of principal and interest on bonds of the Defaulting Governmental Body (if a city, town or county issued) pursuant to Title 48, Chapter 4, Article 5, or if a county pursuant to Title 11, Chapter 2, Article 12. In such certificate, the Defaulting Governmental Body shall set forth the dollar amount that is then due for payment of principal G:\FMSU-IELP\Loan Repayment Aa eements\QMRNIPOSU - LRA.doc F1 and interest on such bonds and shall specifically identify the bonds and the date that the principal and interest was due. The undersigned hereby certifies that he/she has mailed a copy of this Withholding Certificate to the Authorized Officer of the Defaulting Governmental Body at the address set forth in the Loan Repayment Agreement. Dated: ARIZONA TRANSPORTATION BOARD By:_ Title: Copy to: Authorized Officer of Defaulting Governmental Body G:\FMS\HELP\Loan Repayment A~eements\QMRNIPOSU - LRA.doc F2 Exhibit G to Loan Repayment Agreement DISBURSEMENT REQUISITION TO: Arizona Transportation Board c/o Arizona Department of Transportation 206 S. 17th Avenue, Room 200B Phoenix, Arizona 85007 Attention: Steve Schaefer Re: HELP Loan Number: QMRNIPOSU On behalf of the Recipient identified below, the undersigned Authorized Officer of the Recipient hereby requests that the Board disburse from the Recipient's Subaccount in the Highway Expansion and Extension Loan Program Fund to the following payees the following amounts: [PAYEE) ~ Doi t~d~• ~ ~ The foregoing disbursements are all for Costs of the Project as such term is defined in, and which are permitted under, the Loan Repayment Agreement. Attached are all necessary documentation as required by Section 4.02(e) of the Loan Repayment Agreement and this Payment Requisition. Town of Marana Recipient By: Authorized Officer Attachments DATED this day of , -Sign `Here G:\FMS\HELP\Loan Repayment Aa eements\QMRNIPOSU - LRA.doc CERTIFICATE OF THE TOWN OF MARANA, ARIZONA PURSUANT TO SECTION 4.01(a)(ii) OF THE LOAN REPAYMENT AGREEMENT - - The undersigned, Michael Reuwsaat, Town Manager of the Town of Marana, Arizona (the "Town"), is providing this certificate pursuant to Section 4.01(a)(ii) of the Loan Repayment Agreement dated as of November 19, 2004 (the "Loan Repayment Agreement") between the Transportation Board of the State of Arizona and the Town. All terms capitalized in this Certificate and not otherwise defined herein shall have the meanings given to such terms in the Loan Repayment Agreement. The undersigned certifies as follows: (i) the Town has full legal right and authority to execute and deliver the Loan Repayment Agreement and to observe and perform its duties, covenants, obligations and agreements thereunder and to undertake and complete the Project; (ii) the Loan Repayment Agreement has been authorized pursuant to official action of the Governing Body of the Town that has been adopted and authorized in accordance with applicable State law; (iii) the Loan Repayment Agreement has been duly authorized and executed and delivered by duly authorized officers of the Town and constitutes the legal, valid and binding obligations of the Town enforceable in accordance with its terms; (iv) to the best of the knowledge of the undersigned, the authorization, execution and delivery of the Loan Repayment Agreement by the Town, the observation and performance by the Town of its duties, covenants, obligations and agreements thereunder, the consummation of the transactions contemplated therein and the undertaking and completion of the Project do not and will not contravene; in any material way, any existing law, rule or regulation or any existing order, injunction, judgment, or decree of any court or governmental or administrative agency, authority or person having jurisdiction over the Town or its property or assets or result in any material breach or violation of any of the terms and provisions of, or constitute any material default under, any existing agreement to which the Town is a party or by which the Town or its property or assets is bound; (v) all material approvals, consents or authorizations of, or registrations or filings with, any governmental or public agency, authority or person required on the part of the Town in connection with the authorization, execution, delivery and performance of the Loan Repayment Agreement and the undertaking and completion of the Project have been obtained or made to the extent it is possible to obtain or make them on or prior to the Closing Date of the Loan; and Library: Phoenix; Document#: 76963v1 (vi) to the best of the knowledge of the undersigned, there is no litigation or other proceeding pending or threatened in any court or other tribunal of competent jurisdiction questioning the creation, organization or existence of the Town, the validity, legality or enforceability of the Loan Repayment Agreement or the ~ undertaking or completion of the Project. Dated: B y: Michael Reuwsaat Town Manager Town of Marana, Arizona Library: Phoenix; Document#: 76963v1 2 OPINION OF THE TOWN ATTORNEY OF THE TOWN OF MARANA, ARIZONA, PURSUANT TO SECTION 4.01(a)(i) OF THE LOAN REPAYMENT AGREEMENT FRANK CASSIDY, TOWN ATTORNEY OF THE TOWN OF MAR.ANA, ARIZONA (the "Town"), is providing this opinion pursuant to Section 4.01(a)(i) of the Loan Repayment Agreement dated as of November 19, 2004 (the "Loan Repayment Agreement") between the Transportation Board of the State of Arizona and the Town. All terms capitalized in this Certificate and not otherwise defined in this opinion shall have the meanings given in the Loan Repayment Agreement. It is my opinion that (A) the Town is duly formed and operating under the laws of the State of Arizona; (B) the Town has full legal right and authority to execute and deliver the Loan Repayment Agreement and to observe and to perform its duties, covenants, obligations and agreements under the Loan Repayment Agreement and to undertake and complete the Project; (C) the Loan Repayment Agreement has been authorized pursuant to a resolution of the Mayor and Council of the Town of Marana that has been duly adopted and authorized in accordance with applicable Arizona law; and (D) the Loan Repayment Agreement has been duly authorized and executed and delivered by duly authorized officers of the Town and constitutes a legal, valid and binding obligation of the Town enforceable in accordance with its terms, subject to customary exceptions for bankruptcy and equity. Dated: TOWN OF MARANA By Frank Cassidy, Town Attorney {00000534.DOC /} SOWN OF TOWN COUNCIL MEETING TOWN OF MARANA 9 MARANA ; INFORMATION ARIZONA MEETING DATE: March 1, 2005 AGENDA ITEM: IX. B. 8 TO: MAYOR AND COUNCIL FROM: Barbara C. Berlin, AICP Planning Director SUBJECT: Resolution No. 2005-17: Relating to Development; approving a Preliminary Plat for Ina &Silverbell. DISCUSSION The Marana Planning Commission held a public hearing on this application at its regular meeting of December 15, 2004, and voted 6-0 recommending approval to the Mayor and Council. The applicant is requesting preliminary plat approval of a 41-lot grading restricted single family subdivision on approximately 58 acres zoned R-16. The project site is generally located on the east side of Silverbell Road approximately 1,000 feet south of Ina Road in a portion of Section 2, Township 13 South and Range 12 East. The preliminary plat proposes 41 lots that vary in size and configuration. The smallest lot proposed is 21,106 square feet, the largest lot is 206,288 square feet, and the average lot size is 33,173 square feet. The plan proposes 0.70 dwelling units per acre with 70% of the site being undisturbed open space. Further, the density and layout of the subdivision correlate with the surrounding subdivision and un-subdivided properties. The location of two story homes shall be permitted along Silverbell Road only. Lots adjacent to the western (lots 18, 30, 33, and 34) and the southern (lots 10, 11, 12, 13, 14, 15, and 16) property lines shall be limited to twenty feet in height or as specified on the plat. Per Ordinance 2002.19, the maximum disturbed area is 30% of the total site area. The maximum allowable individual grading envelope area is 16,000 (exclusive of driveways and utility installation). Any grading area in excess of 14,440 shall be re-vegetated with plant materials identical to those surrounding the area. Per discussions between senior staff and the developer, the developer will monitor and report to the Town the allowable remaining disturbance for each lot during the building permit stage. Tracking of total site disturbance will be performed by the Town using the metes and bounds surveys submitted with building permit applications in combination with periodic surveillance of the site using aerial photography and geographic information systems. ATTACHMENTS Summary of Application and locator map. PRV-03070 Ina &Silverbell PP TC 030105.doc RECOMMENDATION Staff recommends Council approval of a Preliminary Plat for Ina &Silverbell. Staff has reviewed the application for compliance with the rezoning as adopted by Ordinance 2002-19, the Marana Land Development Code and the Marana General Plan. This Preliminary Plat appears to be in substantial conformance with all required development regulations and conditions of zoning. SUGGESTED MOTION Approval of Resolution No. 2005-17. -2- PRV-03070 Ina &Silverbell PP TC 030105.doc MARANA RESOLUTION N0.2005-17 RELATING TO DEVELOPMENT; AP_ PROVING OF A PRELIMINARY PLAT FOR INA & SILVERBELL. WHEREAS, Ina/Silverbell Land Holdings LLC, has applied for approval of a Preliminary Plat fora 41-lot single-family home subdivision on 58.78 acres, including lots 1 through 41, Block "A" and Common Area "A," and is generally located south of Ina Road and west of Silverbell Road, within Section 2, Township 13 South, and Range 12East; and WHEREAS, the Town Council, at their regular meeting on March 1, 2005 has determined that the Ina and Silverbell Preliminary Plat should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that Ina and Silverbell Preliminary Plat, a 41-lot single-family home subdivision generally located south of Ina Road and west of Silverbell Road, within Sections 2, Township 13 South, and Range 12 East is hereby approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 1st day of March 2005. ATTEST: Mayor BOBBY SUTTON, JR. Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: Frank Cassidy as Town Attorney Marana Resolution No. 2005-17 ~~~ ~~~ ~~ ~ Ina & Silverbell Subdivision fi= f ~.~ ~r-1~, -_- ._-~_` Prelimina Plat f_:.: T rY /~ I 1 /! Y' / 4 i i J ~ .r ,,~ ~~ CASE NO. PRV-03070 TOWN OF MARANA ~~ ~ \' ~ ~ I 300 0 300 Feet /~ /~ ~ y ~~e t ~. ~ - ~ ~ ~ ~ ~~ ~r'v. I V ~ ~_ ~~ ~ •,{~ pit ~, ~ ~ `~ ~`~aF `~ ~ • ~ ~ ~ ~ s ~ I e ~e~ m v",~r~ ~ ~ ~~~ \ rL 'i 1 _ \_ ~ ~ ~A r ~~~ ~ ~ ~ ~~~ y ~~ ~ 1 r- f ~"~ ~ t--- ~ 1 I ~ ~ ~ ~~~ • ` ` Subject Property ~i i ~ ~ ~ '~• Vacant ~ ' Santa Cruz River I ~ ~~ ~ . ' ~ Pima County ~ Bridlewood West :!~ ~ - ~ • / - ~ j ~ ~, Subdivision ~~ ~ \~ ~~ ~ ,-- ~ ~, % • ~ ~~ Pima County ~' ~~ Casas Arroyo • '~~ Subdivision / ~~~ ~ ~ \\; - ~ • t7 • \ to Disclaimer • • • ~ 0 ~ The Town of Marana provides this map information "As Is" at the request of th /• ~ ~ e user with the understanding that It fs not guaranteed to be accurate, correct or complete and conclusions drawn hom such Information are the • t7 responslbllltyoftheuser. • ~ In no event shall The Town of Merane become liable to users of these data, or any other party, for any loss or direct, Indirect, special, Incidental or coneequentlal damages, Including but not limited to time money or • , goodwill, arising from the use or modification of the data. Request for approval of a 41 lot subdivision preliminary plat with improvements, common area, and public trail/wildlife cooridors. rf'~.....'` TOWN OF MARANA Planning and Zoning Department 3696 W. Orange Grove Road • Tucson, AZ 85741 (520) 297-2920 Fax: (520) 29?-3930 PLANNING & ZONING APPLICATION i. ~ s'.I oN A~icA~i'i~y c n~~~ c~~K, --~~ ^ General Plan Amendment ^ Variance ^ Specific Plan Amendment ^ Conditional Use Permit ^ Rezone ^ Other ^ Significant Land Use Change ~I Preliminary Plat ^ Final Plat ^ Development Plan ^ Landscape Plan ^ Native Plant Permit -- 2. G ~ ~ AL DATA RE UL U Assessor's Parcel °~' ~ ~ - O y ~ b y 3 b General Plan Designation Numb s (To be confirmed by staff Gross Area (Acre/Sq. Ft.) Sg.-I~ Ae , >, cS4o, 37 ~ ~'{._ ~~ Current Zoning ~ ~ t"~~ To be confirmed b s " Development/ Proposed Zoning Project Name ~! Project Location 1 an n ~~} ~ St~V>~~ ~oc.I{-h O,t Description of Project 3~ ~+ ~ Property Owner S t ~ V P.r Street Address 3~1 ~u r-~-Q. ~'{~ tds City ~ c.so,.. s to ~z Zip Code Phone Number Fax Number E-Mail Address ~S~ ~ $ Ste- 3800 S~9 - gt~~ Contact Person Phone Number Applicant Street Address cicy state Zip Code Phone Number Fax Number E-Mail Address Contact Person Phone Number Agent/Representative ~ ~ ~~ ~~ ~ Street Address U~~~ ~ city (.J~C.~t~-+ state ~Z- Zip Code Phone Number Fax Number E-Mail Address COntaCt Person ~~ ~ ~~~~ Marana Business License No. 3. AUTH©RiZATIOPI OF Pi~()~R7'Y OWNER I, the undersigned, certify that all of the facts set forth in this application are true to the best of my knowledge and that I am either the owner of the property or that 1 have been authorized in writin by the owner to file this application. (lf not owner of record attach , written authorization from the owner.) Li~~ ~ Print Name. of A lican ent Si afore Date FOR OFF ICE USE ONLY rt ('ace Nn_ PRY ^ n ~ ('1~ n n n~ra A..~o:.,o.i 1. ~9 ~ /n ~ ,~ _ ___~ ~r_ i1/1 _ ~.1 O ~.1 :.RW No. ~~ O30b -OO~' Received By~.1~1L~~M.(l<l~t~k4 Fee Amount asnvaz ~N S ~ '~ ~~ = g ~~Po q ~q''~ ~a ~~b ~ €~ ~ AA ~~ $s sm ~a g ~ ~' >~ a~ ~~ 5~~ L ~ ~~~ ~ a~ ~~ ~w ~~ s > ~Gg = R <~ ~p ~q H "~F i ~* ~~ ~~ ~ 2E ` ~ a~ S g ~~ ~g 5 ~~ l~3~~! ° g~~ m~~qe ~ ~~ ~c~f~ ~ :bp ~qt~~y ~ ~~ g~1 gT s =' y ~~ ~ "~ J ~~ ~ Fg - S ~ . F 7 ~ 6~ ==y 'a a R ='=gg g ~ 'Q~n o € ~ ~~~ - ~3 a. s ~ ~~ ~ ~ s a- ~ ~ ~o ~ ~ ~ ~g o - 9H ~ ~ ~ ~~ k'xz "~ ~ ~~ s ~m g ~ ~, ~ E ° n Q ~ m "g'~ b o ~ §< c ~ u~~ Q7 ~ n _ ~ _ h `~ gR ~m~N ~ o b FA 4 ~~ u ~ D kY ~~ ~~ t~ ~g .~ ~g is ~nN ~~ P~ S. H Y~ ~. 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B. 9 TO: MAYOR AND COUNCIL FROM: Barbara C. Berlin AICP, Planning Director SUBJECT: Resolution No. 2005-21: Relating to Development; approving a Preliminary Plat for Gladden Farms Block 21. DISCUSSION This project was presented to the Planning Commission on January 26, 2005. The Planning Commission is forwarding this preliminary plat to the Town Council with a unanimous recommendation of approval. The request is for preliminary plat approval of a 108-lot single family detached home subdivision on approximately 25 acres within the Gladden Farms Development. The proposed subdivision will be located in Block 2 of the Gladden Farms Block Plat, which is located south of Moore Road and northwest of Gladden Farms Drive, within Sections 33 & 34, Township 11 South, and Range 11 East. The zoning for Block 21 is R-6 (Single Family Residential with a minimum lot size of 6,000 square feet). The minimum lot size within this project is 6,050 square feet with the average lot size 6,948 square feet. Gladden Forest LLC does not currently have a builder for Block 21. Once a builder has committed to this Block, staff will review the proposed floor plans and elevations for conformance with Town Standards, the Northwest Marana Area Plan and the Gladden Farms Design Standards. The off-site park and recreation requirement has been met per an approved Development Agreement with Gladden Farms, LLC as noted in General Note #20. The on-site park and recreation requirement is a minimum of 185 square feet of improved recreation area per lot with in the subdivision. Block 21 requires a minimum of 17,945 square feet of improved recreation area. The active recreation area has been planned for a portion of Common area "C-1 ", which is centrally located within the subdivision. The recreation area proposal is for a play structure, ramada with tables, water fountain and BBQ. This subdivision also provides a trail connection to the future trail that will be located in the 50 foot open space area on the east side of this project, which is to be dedicated to the Town of Marana by way of the final plat. ATTACHMENTS Planning Commission Report, Summary Application and locator map. PRV-04060 Gladden Farms Block 21 PP TC 030105.doc RECOMMENDATION Staff recommends approval of a Preliminary Plat for Gladden Farms Block 21. Staff has reviewed the application for compliance with the Development Agreement adopted by Resolution 2001-156 December 4, 2001, as amended by Resolution 2004-24 February 17, 2004, Resolution 2004-102 July 20, 2004, and Resolution 2004-172 December 21, 2004, the Marana Land Development Code, the Northwest Marana Area Plan and the Marana General Plan. This Preliminary Plat is in conformance with all required development regulations and conditions of zoning. SUGGESTED MOTION I move to approve Resolution No. 2005-21. -2- 030105 PRV-04060 Gladden Farms Blocks 21 PP TC.doc MARANA RESOLUTION N0.2005-21 RELATING TO DEVELOPMENT; APPROVAL OF A PRELIMINARY PLAT FOR GLADDEN FARMS BLOCK 21. WHEREAS, on December 4, 2001 the Town of Marana adopted Resolution 2001-155 approving the Final Block Plat for Gladden Farms, Book 55 Page 60; and WHEREAS, Gladden Forest LLC, the owner of Gladden Farms Block 21, has applied for approval of a Preliminary Plat fora 97-lot single-family home subdivision on 24.06 acres, including lots 1 through 97 and Common Areas "A-1 "-"A-12", "B-1 "-"B-2", "C-1 "-"C-2", and is generally located east of Lon Adams Road and approximately 6/10 of a mile south of Moore Road, within Sections 33 & 34, Township 11 South, and Range 11 East; and WHEREAS, the Town Council, at their regular meeting on March 1, 2005 has determined that the Gladden Farms Block 21 Preliminary Plat should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that Gladden Farms Block 21 Preliminary Plat, a 97-lot single-family home subdivision within the Gladden Farms Development and generally located east of Lon Adams Road and approximately 6/10 of a mile south of Moore Road, within Sections 33 & 34, Township 11 South, and Range 11 East is hereby approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 1st day of March 2005. ATTEST: Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: Frank Cassidy as Town Attorney Mayor BOBBY SUTTON, JR. Marana Resolution No. 2005-21 AGENDA ITEM NUMBER: VIII.C.2 CASE No.: PRV-04060 CASE NAME: Gladden Farms Block 21 Preliminary Plat Develo er's Name: Gladden Forest, LLC Re resentative's Name: Rick En ineerin Contact: James Kin Re resentative's Address: 1745 E. River, Ste. 101, Tucson, AZ 85718 Location of Request: Located in Block 21 of Gladden Farms, which is directly east of Lon Adams Road and a roximatel 6/10 of a mile south of Moore Road. Nature of Request: An application for Preliminary Plat review and approval fora 97-lot sin le famil detached home subdivision. Site Size: 24.1 acres Zone District: R-6 (Sin le Famil Residential, 6,000 s . ft. min. lot size Existin Use: Vacant Pro osed Use: 97-lot sin le famil detached home subdivision -site built homes Re ort Date: Janua 19, 2005 Pro~ect Planner: Lisa Shafer, Planner II SUMMARY OF APPLICATION The applicant is requesting preliminary plat approval of a 97-lot single family detached home subdivision on approximately 24 acres within the Gladden Farms Development. The proposed subdivision will be located in Block 21 of the Gladden Farms Block Plat. Block 21 is located east of Lon Adams Road and approximately 6/10 of a mile south of Moore Road, within Sections 33 & 34, Township 11 South, and Range 11 East. The zoning for Block 21 is R-6 (Single Family Residential with a minimum lot size of 6,000 square feet). The minimum lot size within this project is 6,050 square feet with the average lot size 6,948 square feet. Gladden Forest LLC does not currently have a builder for Block 21. Once a builder has committed to this Block, staff will review the proposed floor plans and elevations for conformance with Town Standards, the Northwest Marana Area Plan and the Gladden Farms Design Standards. This project will have one access off of Lon Adams Road. Block 21 will also internally connect to Block 20 to the north and to Blocks 22 and 24 to the south. The typical street section for Block 21 is a 46-foot wide right-of--way, with 32 feet of pavement. The entry street section is a 59-foot wide right-of--way with a divided entry and 20 feet of pavement on the ingress and 16 feet of pavement on the egress. The off-site park and recreation requirement has been met per an approved Development Agreement with Gladden Farms, LLC as noted in General Note #20. The on-site park and recreation requirement is a minimum of 185 square feet of improved recreation area per lot with in the subdivision. Block 21 requires a minimum of 17,945 square feet of improved recreation area. The active recreation area has been planned for a portion of Common PAGE 1 OF 3 PLANNING COMMISSION January 26, 2005 ~~ area "C-1", which is centrally located within the subdivision. The recreation area proposal is for a play structure, ramada with tables, water fountain and BBQ. The proposed park plan is in review by the Parks and Recreation director, and his approval will be required prior to the landscape plan being approved. This subdivision also provides a trail connection to the future trail that will be located in the 50' open space area on the east side of this project that is to be dedicated to the Town of Marana by way of the final plat. Common Areas "A" through "C" are being used for a variety of purposes such as drainage, recreation, trails and landscape. The intended use and size of all of the common areas are shown in Note 1 on the preliminary plat cover sheet. Staff has reviewed the request against the requirements of the Marana Land Development Code, the Northwest Marana Area Plan and the Gladden Farms Design Standards. This preliminary plat is in substantial conformance with all required development regulations and design guidelines. There are a few outstanding issues with the traffic report and minor technical revisions that are needed. Staff is expecting these issues to be resolved soon and will not place this project on the Council agenda until all issues have been sufficiently resolved. RECOMMENDED FINDINGS OF FACT 1. The property is currently zoned R-6, Single Family Residential-6,000 square feet minimum lot size. The proposed density is allowable within this zone. This project is in compliance with all other development standards and requirements of the Marana Land Development Code, the Northwest Marana Area Plan and the Gladden Farms Design Standards. "`° 2. The General Plan designation of this area is Medium Density Residential with 3.1 to 8.0 dwelling per acre. This proposal is consistent with the purpose and intent of the Town of Marana General Plan. 3. The subject site is a part of the growing residential development of Northwest Marana. This proposal does not appear to be detrimental to the immediate area and to the general health, safety, and welfare of the inhabitants of the area and the Town of Marana. Staff Recommendation: APPROVAL with conditions. Recommended Conditions: 1. Final acceptance of the plat by the Consultant Engineer, Tetra Tech, prior to the preliminary plat going to Council. 2. Final approval of the Traffic Summary Report prior to the preliminary plat going to Council. CASE ANALYSIS REVIEW CRITERIA 1. Ability to comply with Development Regulations i e Water Sanitation access Developable Parcel, etc.: The current land use designation for the property is R-6. .._. Adequate area exists for this development on this site. The development will be in compliance with the requirements of all agencies prior to action by the Town Council. PAGE 2 OF 3 ~° 2. Ability to comply with reauirements of the Zoning Regulations i.e. Lot size Frontage Setbacks, etc.: This proposal complies with all the requirements of the Marana Land Development Code and the Northwest Marana Area Plan for uses in the R-6 zone. 3. Is consistent with the purpose of the Zoning Regulations and with the intent of the General Plan: This proposal is consistent with the purpose and intent of the Town of Marana General Plan. 4. Comyatible with the surrounding area, harmonious with character of the neighborhood, not detrimental to the immediate area or the development of the area and not detrimental to the health, safety, or welfare of the inhabitants of the area and the Town of Marana: The subject property is within a new residential community and is consistent with existing and planned development adjacent to the site and in the surrounding neighborhood area. This proposal does not appear to be detrimental to the immediate area and to the general health, safety, and welfare of the inhabitants of the area and the Town of Marana. Suggested Motion: I move to approve Case No. PRV-04060, the Preliminary Plat for Gladden Farms Block 21 subject to the conditions outlined in this staff report. PAGE 3 OF 3 rv~- ~~ RANA "~" ~/i\ ~a~ TOWN OF MARANA Planning and Zoning Department 3696 W. Orange Grove Road + Tucson, AZ 85741 (520)297-2920 Fax: (520)297-3930 PLANNING & ZONING APPLICATION e"s~$yt _. '~r,";. *';'.: r-+~ys? ~.r~e,.~~%~i , ,. ~~:-,,~."~'~~I~Y3~~Q~I~~`Is OL~If.(`Cliecki~ne) _ -~< -~'`. ,$~ Preliminary Plat ^ General Plan Amendment ^ Variance ^ Final Plat ^ Specific Plan Amendment ^ Conditional Use Permit ^ Development Plan ^ Rezone ^ Other ^ Landscape Plan ^ Significant Land Use Change ^ Native Plant Pernut .. . '{'~~ .R ~ - t'Y K" ' ,:M.l~OEbIERAL"DATA'=RE .lF1L '._Srf r r.:R' _ U.i~ c~ l- `i-°=~_ .~ P~%.!' 3f .F i, Assessor's Parcel Numbers ~ ~ ~ ~' S ~ - ©3sd General Plan Designation (To be confirmed by staff) Gross Area (Acre/Sq. Ft.) Z~-. 0 6 ~1 c • I vH g - z3 sF Current Zoning To be confirmed b staf n 1"-v Development/ j rr IL 21 '"° f%'^ T3l d~^ G ~ Proposed Zoning ~- 6 ect Name Pro oG 1 ~ S a+ Project Location '~~~ f~ rMS Description of Project q .~ ~~ .~ e~~+ ~ 5~ ~' ~~ i o n Property Owner `j ~,,, d d t n ~ its f LLL Street Address 3 33 ~, ut~-I-Mo~L j2~,,, s,~-~,25~ CihT1/Ghj ^ sate ~' ~ Zip Code Phone Number Fax Number E-Mail Address ~'S~oS' S3'~'-3g6Z. Contact Person /~ ~ ~~ E~-~~ Phone Number 88~ 3 R6 Z Applicant MC~`T~ T.30VGr Street Address city state ~` ' ~.-. _<< Zip Code Phone Number Fax Number E-Mail Address Contact PerSOn Phone Number Agent/Representative ~ • ~~~ ~' ~ n~r~ ~M An yv~ K--~ Street Address I ~y s' E= IZ; ~e.r- 12c1-. ~v~ ~ 1 o r Ciry j vacs c n Brace /q Z '-` Zip Code ~S~'~g Phone Number '0.S= IoOO Fax Number 3Z2-~°t~ E-Mail Address ~>~NG~ ¢~caLt~1/6!v- EE¢fIV(r • Co Contact Person / Marana Business License No. J ~e S ~-~in .~,~~'' HORI2;:rA; S.~ON~fl,>,~~{jP~Rr`I,Y().EK~ .'~ f,',"~;~s;~ff;, ~- ;~ I, the undersigned, certify that all of the facts set forth in this application are true to the best of my knowledge and that I am either the owner of the property or that I have been authorized in writine by th o er o file this application. (If not owner of record, attach written authorization from the owner.) Print Name of A licant/A ent i ature ate FOR O CE USE ONLY Case No. P~ V ~ OYO(o Q Date Received ~ ~ ~ Receipt No. ~ ~ ' ~ 6 ~ 3q cRw No. PRYayo7 - oa8 Received By Fee Amount ow~~: ~/^\~ MARANA /I\ TOWN OF MARANA t ~ ~ ~~~~ ~It~i'~7 Rancho i ~f1I Marana 154 ~i] il1 } ~ ~~.L.[ ._r_ .. C ~ ~~~, ~~ ~~ Gladden Farms Block 21 Preliminary Plat casE rvo. PRV-04060 Farm FeM Five ~,~ \~~~ ~.~~~ ~~~: ~_ ._.. ~~ I ~:~~~~~ j ~ ~, -art - "%% `~T.- `~ ~ ~ ~ ~` ~ ~ .,. - -- - ;; ~ ~ i \~ i ~?~ ~ ~ '~ 1, ~ .~ - ~_ ~ ~ .,% ~~;,, ~ ~. , ~ - -- ~ ~~ X600 0 6001200 Feet A ~~_ __-_ Data Disclaimer ~ ~ ~ - The Town of Marana provides this map IMOrmatlon "As Is" at the requsst of r the war with the understanding that It la rtot guanmsed to be accwata, torteef or complete and eondusiona drawn from weh hNormstlon are the '. resporelWltty of the war. i In no event shall Ths Town of Marana become liable to users o} tMae data, ~, or arty other party, for any loss or direct, indirect special, Inddental or consequeMlet damages, including Dut not lNnitsd to time, money or 'i 9oodwgl, adeing M1om the we or modlRcetlon of the data. 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B. 10 TO: MAYOR AND COUNCIL FROM: Barbara C. Berlin AICP, Planning Director SUBJECT: Resolution No. 2005-22: Relating to Development; approving a Preliminary Plat for Gladden Farms Block 2. DISCUSSION This project was presented to the Planning Commission on December 15, 2004. The Planning Commission is forwarding this preliminary plat to the Town Council with a unanimous recommendation of approval. The request is for preliminary plat approval of a 97-lot single family detached home subdivision on approximately 24 acres within the Gladden Farms Development. The proposed subdivision will be located in Block 21 of the Gladden Farms Block Plat, which is located east of Lon Adams Road and approximately 6/10 of a mile south of Moore Road, within Sections 33 & 34, Township 11 South, and Range 11 East. The zoning for Block 2 is R-6 (Single Family Residential with a minimum lot size of 6,000 square feet). The minimum lot size within this project is 6,050 square feet with the average lot size of the subdivision being 7,033 square feet. Gladden Forest LLC does not currently have a builder for Block 2. Once a builder has committed to this Block, staff will review the proposed floor plans and elevations for conformance to the Northwest Marana Area Plan and the Gladden Farms Design Standards. The off-site park and recreation requirement has been met per an approved Development Agreement with Gladden Farms, LLC as noted in General Note #20. The on-site park and recreation requirement is a minimum of 185 square feet of improved recreation area per lot with in the subdivision. Block 2 requires a minimum of 19,980 square feet of improved recreation area. The active recreation area has been planned for a portion of Common area "C-1", which is located on the west side of the subdivision. The recreation area proposal is for a play structure with a water fountain and bench. This subdivision also provides a trail connection to the trail that runs along Moore Road. ATTACHMENTS Planning Commission Report, Summary Application and locator map. PRV-04060 Gladden Farms Block 21 PP TC 030105.doc RECOMMENDATION Staff recommends approval of a Preliminary Plat for Gladden Farms Block 21. Staff has reviewed the application for compliance with the Development Agreement adopted by Resolution 2001-156 December 4, 2001, as amended by Resolution 2004-24 February 17, 2004, Resolution 2004-102 July 20, 2004, and Resolution 2004-172 December 21, 2004, the Marana Land Development Code, the Northwest Marana Area Plan and the Marana General Plan. This Preliminary Plat is in conformance with all required development regulations and conditions of zoning. SUGGESTED MOTION I move to approve Resolution No. 2005-22. -2- 030105 PRV-04051 Gladden Farms Blocks 2 PP TC.doc MARANA RESOLUTION N0.2005-22 RELATING TO DEVELOPMENT; APPROVING A PRELIMINARY PLAT FOR GLADDEN FARMS BLOCK 22. WHEREAS, on December 4, 2001 the Town of Marana adopted Resolution 2001-155 approving the Final Block Plat for Gladden Farms, Book 55 Page 60; and WHEREAS, Gladden Forest LLC, the owner of Gladden Farms Block 2, has applied for approval of a Preliminary Plat fora 108-lot single-family home subdivision on 25.36 acres, including lots 1 through 108 and Common Areas "A-1 "-"A-17", "B-1 "-"B-2", "C-1 "-"C-2", and is generally located south of Moore Road and northwest of Gladden Farms Drive, within Sections 33 & 34, Township 11 South, and Range 11 East; and WHEREAS, the Town Council, at their regular meeting on March 1, 2005 has determined that the Gladden Farms Block 2 Preliminary Plat should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that Gladden Farms Block 2 Preliminary Plat, a 108-lot single-family home subdivision within the Gladden Farms Development and generally located south of Moore Road and northwest of Gladden Farms Drive, within Sections 33 & 34, Township 11 South, and Range 11 East is hereby approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 1st day of March 2005. ATTEST: Mayor BOBBY SUTTON, JR. Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: Frank Cassidy as Town Attorney Manna Resolution No. 2005-22 AGENDA ITEM NUMBER: VIILC.1 CASE No.: PRV-04051 CASE NAME: Gladden Farms Block 2 Preliminary Plat Develo er's Name: Gladden Forest, LLC Re resentative's Name: Rick En ineerin Contact: James Kin Re resentative's Address: 1745 E. River, Ste. 101, Tucson, AZ 85718 Location of Request: Located in Block 2 of Gladden Farms, which is directly south of Moore Road and northwest of Gladden Farms Drive, within Sections 33 & 34, Townshi 11South, and Ran a 11East. Nature of Request: An application for Preliminary Plat review and approval fora 108-lot sin le famil detached home subdivision. Site Size: 25.36 acres Zone District: R-6 (Sin le Famil Residential, 6,000 s . ft. min. lot size) Existin Use: Vacant Pro osed Use: 108-lot sin le famil detached home subdivision -site built homes Re ort Date: December 7, 2004 Pro~ect Planner: Lisa Shafer, Planner II SUMMARY OF APPLICATION The applicant is requesting preliminary plat approval of a 108-lot single family detached home subdivision on approximately 25 acres within the Gladden Farms Development. The proposed subdivision will be located in Block 2 of the Gladden Farms Block Plat. Block 2 is located directly south of Moore Road and northwest of Gladden Farms Drive, within Sections 33 & 34, Township 11 South, and Range 11 East. The zoning for Block 2 is R-6 (Single Family Residential with a minimum lot size of 6,000 square feet). The minimum lot size within this project is 6,050 square feet with the average lot size of the subdivision being 7,033 square feet. Gladden Forest LLC does not currently have a builder for Block 2. Once a builder has committed to this Block, staff will review the proposed floor plans and elevations for conformance to the Northwest Marana Area Plan and the Gladden Farms Design Standards. This project will have one access off of the newly created Gladden Farms Drive. Block 2 will also internally connect to Block 3 to the east, Block 1 to the west and Block 8 to the southwest. The typical street section for Block 2 is a 46 foot wide right-of--way, with 32 feet of pavement. The entry street section is a 59 foot wide right-of--way with a divided entry and 20 feet of pavement on the ingress and 16 feet of pavement on the egress. The Gladden design standards require all interior streets to be lined with trees. Each lot will have a tree planted along the street in addition to the rest of the front yard landscaping. The off-site park and recreation requirement has been met per an approved Development Agreement with Gladden Farms, LLC as noted in General Note #20. PAGE 1 OF 3 PLANNING COMMISSION December 15, 2004 ~- The on-site park and recreation requirement is a minimum of 185 square feet of improved recreation area per lot with in the subdivision. Block 2 requires a minimum of 19,980 square feet of improved recreation area. The active recreation area has been planned for a portion of Common area "C-1", which is located on the west side of the subdivision. The recreation area proposal is for a play structure with a water fountain and bench. The proposed park plan is in review by the Parks and Recreation director, and his approval will be required prior to the landscape plan being approved. This subdivision also provides a trail connection to the trail that runs along Moore Road. Common Areas "A" through "C" are being used for a variety of purposes such as drainage, recreation, trails and landscape. The intended use and size of all of the common areas are shown in note 1 on the preliminary plat cover sheet. Staff has reviewed the request against the requirements of the Marana Land Development Code, the Northwest Marana Area Plan and the Gladden Farms Design Standards. This preliminary plat is in substantial conformance with all required development regulations and design guidelines. There are a few outstanding issues with the traffic report and minor technical revisions that are needed. Staff is expecting these issues to be resolved soon and will not place this project on the Council agenda until all issues have been sufficiently resolved. RECOMMENDED FINDINGS OF FACT 1. The property is currently zoned R-6, Single Family Residential-6,000 square feet minimum lot size. The proposed density is allowable within this zone. This project is in compliance with all other development standards and requirements of the Marana Land Development Code, the ~"` Northwest Marana Area Plan and the Gladden Farms Design Standards. 2. The General Plan designation of this area is Medium Density Residential with 3.1 to 8.0 dwelling per acre. This proposal is consistent with the purpose and intent of the Town of Marana General Plan. 3. The subject site is a part of the growing residential development of Northwest Marana. This proposal does not appear to be detrimental to the immediate area and to the general health, safety, and welfare of the inhabitants of the area and the Town of Marana. Staff Recommendation: APPROVAL with conditions. Recommended Conditions: 1. Final acceptance by the Town Planning Department of minor technical revisions prior to the preliminary plat going to Council. 2. Final acceptance of the plat by the Consultant Engineer, Tetra Tech, prior to the preliminary plat going to Council. 3. The Docket and Page shall be added to the Preliminary Plat for the dedicated sewer easement as well as the abandonment of the CMID easement prior to the Preliminary Plat being signed by the Planning Director. 4. Final approval of the Traffic Summary Report prior to the preliminary plat going to Council. PAGE 2 OF 3 "` CASE ANALYSIS REVIEW CRITERIA 1. Ability to comply with Development Regulations, i.e. Water, Sanitation, access, Developable Parcel, etc.: The current land use designation for the property is R-6. Adequate area exists for this development on this site. The development will be in compliance with the requirements of all agencies prior to action by the Town Council. 2. Ability to comply with requirements of the Zoning Regulations, i.e. Lot size, Frontage, Setbacks, etc.: This proposal complies with all the requirements of the Marana Land Development Code and the Northwest Marana Area Plan for uses in the R-6 zone. 3. Is consistent with the purpose of the Zoning Regulations and with the intent of the General Plan: This proposal is consistent with the purpose and intent of the Town of Marana General Plan. 4. Compatible with the surrounding area, harmonious with character of the neighborhood, not detrimental to the immediate area or the development of the area, and not detrimental to the health, safety, or welfare of the inhabitants of the area and the Town of Marana: The subject property is within a new residential community and is consistent with existing and planned development adjacent to the site and in the surrounding neighborhood area. This proposal does not appear to be detrimental to the immediate area and to the general health, safety, and welfare of the inhabitants of the area and the Town of Marana. Suggested Motion: I move to approve Case No. PRV-04051, the Preliminary Plat for Gladden Farms Block 2 subject to the conditions outlined in this staff report. PAGE 3 OF 3 ~~ `vim/1\ ~~~ TOWN OF MARANA Planning and Zoning Department 3696 W. Orange Grove Road • Tucson, AZ 85741 (520) 297-2920 Fax: (520) 297-3930 PLANNING & ZONING APPLICATION m Preliminary Plat ^ General Plan Amendment ^ Final Plat ^ Specific. Plan Amendment ^ Development Plan ^ .Rezone ^ Landscape. Plan ^ .Significant Land Use Change C7 Native Plant Permit ^ Variance ^ Conditional Use Permit ^ Other Assessor's. Parcel General Plan Designation Numbe s 217-53-0160 (To be confirmed by staff Gross Area (Acre/Sq. Ft.) 681 SF 25.36 AC - 1 104 Cturent Zoning R-6 , , o be confirmed b sta Development/ Gladden Farms Block 2 Proposed Zoning Same Project Name Project Location Gladden Farms -Moore Road & Postvale Description of Project Single Family Residential Property Owner Forest Cit Southwest Street Address 333 East Wetmore Road, Suite 250 c``~ ~.icson See AZ Zip Code Phone Number Fax Number E-Mail Address 85705 (520) 888-3962 (520) 888-3198 Contact Person Phone Number Mike Etter Applicant Street Address City State Zip Code Phone Number Fax Number E-Mail Address Contact Person Phone Number Agent/Representative. ~~ ineerin Com Inc. Street Address 1745 East River Road, Suite 101 C'~'Tucson Stagy AZ Zip Code Phone Number Fax Number E-Mail Address 85718 (520) 795-1000 (520) 322-6956 jking@rickengineer' Contact Person James King Marana Business License No. I, the undersigned, certify that all of the facts set forth in this applica on are true to the best of my knowledge. and that I am either the owner of the property or that I have been authorized in writin y own er to file this application.. (If not owner of record, attach written authorization from the owner.) ~ James A. King ~ Z Print Name of A licant/A ent Si afore Date FOR FFICE USE ONLY Case No. Pt 1V D7 U~I P Date Received (~1 d Receipt No. ~~,~ / CRW No. ~V ~D~' ~ t Received By ~7 Fee Amount os~~zo: con Gladden Farms a "" Block 2 MARANA Prelimina Plat CASE NO. PRV-04051 TOWN OF MARANA ~, ~ y...... Rancho Marana Vanderbilt Farms ~ ~A ~ \ , Subject Property 3 4 6 ': ~ID ~~ 10 11 12 Gladden Farms 500 0 500 1000 Feet ~ ;, A ___ ~~ Data Disclainer The Town of Marana provides this map Infonnatfon "As Is" at the request of the user vrkh the understanding that it is not guaranteed to be accurMe, correct or complete and conclusions drawn from such information are the responsibility of the user. -. In no event shell The Town of Marana become liable to users of these data, or any other party, for any loss or direct, IndireM, special, incidental or consequential damages, Including but not limited to time, money or goodwill, arising from the use or modification of the data. 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B. 11 TO: MAYOR AND COUNCIL FROM: Michael A. Reuwsaat, Town Manager SUBJECT: State Legislative Issues: Discussion/Direction/Action regarding all pending bills before the Legislature DISCUSSION This item is scheduled for each regular council Meeting in order to provide an opportunity to discuss any legislative item that might arise during the current session of the State Legislature. Periodically, an oral report may be given to supplement the Legislative Bulletins. ATTACHMENTS Legislative Bulletins, Issues 5 and 6. RECOMMENDATION Upon the request of Council, staff will be pleased to provide recommendations on specific legislative issues. SUGGESTED MOTION Mayor and Council's pleasure. JCB/02/23/2005/3:27 PM ~` ~~ :, LEGISLATIVE BULLETIN Issue No. 5 February 10, 2005 IN THIS ISSUE The Time is Now! Cable Bills Move Quickly ............ 1 Business Property Tax Reduction Bills are Moving Forward .... 1 Tax Incentive Preemptions Still Moving Along ............. 2 Legislation to be Considered Next Week that Would Possibly Eliminate Urban Revenue Sharing Municipal Debt Limits .................. 3 Photo Radar Bills Get the Green Light in the House and Senate 3 Forest Health Legislation Advances in House and Senate ............... 4 House Natural Resources & Agriculture Committee Considers a Flood of Water Legislation .. 4 House Transportation Committee Puts the Brakes on a Bad Bill ............. S Bad Idea On Council Vacancies ......... 5 So Many Bills So Little Time ............... 5 Lcague ol• Arizona ~r~ ~ ~/Z. Citles:,nTowns Legislative Bulletin is published by the League of Arizona Cities and Towns. Forward your comments or suggestions to: League of Arizona Cities & Towns 1820 West Washington Street Phoenix, Arizona 85007 Phone: 602-258-5786 Fax: 602-253-3874 Email: league@mg.state.az.us Internet www.azleague.org S. 1229 and H. 2563. Cable Television Fee Reduction The Time is Now! Cable Bills Move Quickly The Cable Television Association and their members are pushing hard for quick passage of their bills to preempt local authority over cable companies. The Senate bill is ready for action on the Senate floor and this week a companion House bill, HB 2563, with identical provisions passed Committee in the House and so it is now poised for action by the entire House. If both bills pass in identical form, final passage can take place immediately. There is no time to waste on expressing your opposition to both House and Senate members. For those who missed our articles in previous Legislative Bulletins, both of these bills put the State in the middle of a relationship which for 30 years has been between the federal government and cities, towns and counties. The Legislature is inserting itself in the middle to give the cable companies a huge break in their fees and not providing any replacement revenue to the local governments which receive those fees. They are doing this in the name of tax equity but if there is an inequity it was not created by the state government and should not be solved there either. The bill limits the fee and other benefits you can receive from cable providers to your local sales tax rate on retail items plus one percent. Current federal law allows a fee of up to 5% and allows local governments and cable companies to negotiate other conditions of the license agreement. This bill dictates the terms of the agreement down to the fine points; are they really worried that cable companies are not capable of representing themselves in negotiating sessions with local governments? We see this bill as a huge intrusion into local control, an extremely dangerous precedent for an industry to be running to the State to "fix" future local agreements and a big giveaway of local funding. The time is now to express your concerns to your legislators; please call or e-mail them soon. Business Property Tax Reduction Bills are Moving Forward The movement to lower property taxes for businesses in Arizona has picked up momentum this session at the Legislature. This proposal has been recommended in both the Legislature's 2003 Tax Reform for Arizona's Citizens Committee and the Governor's Citizen's Finance Review Commission. There is a large coalition of chambers of commerce and business associations lobbying for the business property tax reduction this session and both the House Ways and Means Chair, Steve Huffman, and Senate Finance Chair, Dean Martin, have mentioned it as a priority. Representative Huffman and Senator Martin have both introduced bills to reduce business property taxes and these bills were considered this week in their respective chambers. While these bills achieve a similar objective, the bills accomplish it via different means. - continued - Representative Huffman's bill, HB 2508, Homeowner Property Taxes; Class One, reduces the assessment ratio for business property from 25% to 20% over a phased-in five year period. It also simultaneously increases the homeowners' rebate from 35% to 50% (it was amended this week to increase it to only 42% with a $600 cap) in an attempt to offset the property tax burden shift to homeowners. HB 2508 was considered and passed by two House committees this week, Ways and Means and Appropriations with a large number of business associations testifying in support in both hearings. The bill is now ready for the House floor after going through Rules and caucus. SB 1508, Commercial Property Tax Relief, which is Senator Martin's bill, was considered in the Senate Finance Committee Thursday. It passed by a unanimous vote and is now ready for Senate floor action after Rules and caucus. SB 1508 also reduces property taxes for business property, except it does not lower the assessment ratio for primary property tax purposes. Instead, it creates a business property rebate and funds it with collections from state sales and income tax collections. This could impact the growth in state shared revenues but leaves primary property taxes alone. It uses a different calculation for secondary property taxes (those used to pay off bonds) allowing the Joint Legislative Budget Committee to determine the assessment ratio for commercial and industrial property each year. There have been initial concerns expressed by cities and towns regarding impacts to municipal debt limits because of the lowered assessment ratio in HB 2508. frankly, we are still having our finance folks analyze the provisions and impact of SB 1508. We will continue to keep you posted on these bills. However, because of the state budget implications, the outcome of these two bills will not likely be decided until a state budget agreement is reached. would require the same tax incentive to be given to all businesses within a five mile radius of the original business. SB 1201 along with SB 1274: Municipal Sales Tax Incentives; Restrictions were both heard and voted on this week. SB 1201 would impact tax incentives by reducing the amount of shared revenues in an amount equal to the tax incentive. SB 1274 places mandates on the local process for offering tax incentives, also is a direct attack on local control. Both of these bills passed the committee with several amendments. SB1201 which now only applies to Maricopa County was also amended this week to exclude tax incentives given for public infrastructure, historical preservation and for cleanup of Brownfield sites. SB 1274 was amended as well. These amendments require that the status of the incentive be reported every two years to prove that the incentive cost is less than the return within the duration of the agreement and that this incentive cost be pre-verified by an independent third party. It was also amended to require atwo-thirds vote of the governing body and proof that the business would not have otherwise located anywhere within the state before an incentive could be offered. These bills passed Finance unanimously with the exception of the lone no vote on SB 1201 coming from Senator )ay Tibshraeny, who coincidentally is the sponsor of SB 1274. Another related bill, SB 1287, also sponsored by Senator Tibshraeny, which would preempt the use of emergency measures to pass a local tax incentive has passed Rules and is ready for floor debate. The other bills are next headed to Rules and then to the floor for debate. With two councilmembers appearing and testifying in support of these bills and preemption of local authority, we need all the help we can get. Please contact your Senators and remind them that this is a matter of local concern and to vote "no" on these bills. Tax Incentives Preemptions Still Moving Along Senate Bills 1200, 1201 and 1274 are all bad bills aimed at doing away with or at least restricting local control over tax incentives. These bills were all on the agenda for this week's Senate Finance Committee. SB 1200: Municipal Relocation Incentives; Equivalency and SB 1201: Municipal Tax Incentives; Prohibition; Penalty both, in effect, stop tax incentives and are sponsored by Senator Ken Cheuvront. SB 1200, which ended up being held in committee, Legislation to be Considered Next Week that Would Possibly Eliminate Urban Revenue Sharing Right now the League is trying to piece together some ominous clues regarding a possible bill amendment that would appear to impact the income tax portion of state shared revenue. The amendment is listed on next week's LEGISLATIVE BULLETIN February 10, 2005 PAGE 2 Senate Appropriations Committee agenda as Tax Relief; Revenue Sharing; Taxation. Because the official rules in the Senate allow strike-everything amendments to be distributed up until 2 business days prior to the Committee hearing, we will most likely not see the amendment wording until Friday at 5:00 pm. However, we have heard several rumors that the amendment being considered would eliminate urban revenue sharing and replace it with authority for cities and towns to adopt their own income tax. We have also heard the phrase "two-thirds vote" mentioned, but at this point, are not sure whether this means a supermajority vote of your council or citizens. _ We usually would not include such unspecific and unverified information in the Bulletin, however because of the seriousness of the subject being considered, we wanted to let you know right away. This is obviously a huge concern and would have major implications for the funding of vital services in your city or town. We will continue to investigate this situation and will send out information via email as soon as the language is released by the Senate. If it is considered in Senate Appropriations, the meeting date is Tuesday, February 15th at 1:30 pm. Municipal Debt Limits HCR2006, a League Resolution sponsored by Representative John Nelson, was heard in the House Counties, Municipalities and Military Affairs committee this week. The resolution asks voters at the 2006 general election to amend the Constitution allowing municipal debt limitations on public safety and street and transportation projects to be set at 20%. The bill passed the committee with help from Chairman John Nelson by a vote of 9 to 2. We would like to thank Representative Nelson and those members that voted for this important fix. Representatives Trish Groe and Jonathan Paton voted against the bill. If you speak with any of your legislators, please ask for their support on HCR2006: Municipal Debt Expansion. This is only its first committee so it still has a way to go. Photo Radar Bills Get the Green Light in the House and Senate In a disappointing turn of events this week, two pieces of legislation that would limit cities and towns ability to use photo radar passed the House and Senate Transportation Committees after being held last week due to a lack of votes. This week, however, we were quite surprised to see several law enforcement associations testifying in support of these bills in both the Senate and House Committees, including the Fraternal Order of Police, the Arizona Police Association and the Associated Highway Patrolmen. In addition, the Phoenix Law Enforcement Association registered in support of SB 1164. This is surprising, as cities and towns have argued in favor of continuing the current photo radar system because of the role that photo radar plays in helping keep our communities safe. It is confusing why those officers on the front lines would come out against a tool like photo radar. The bill that passed the Senate Transportation Committee is SB 1164, Photo Radar; Freeways, which prevents the State or a local government from using photo radar on freeways. Currently, this bill would stop a proposed pilot project between Scottsdale and the Department of Public Safety on the Loop 101 Freeway, however, this bill is also troubling due to the fact that it would limit any future efforts from cities and towns on this subject. SB 1164 passed the Committee on a 3-2 vote with Senators Marilyn. Jarrett, Rebecca Rios and bill sponsor, Senator Thayer Verschoor voting for the preemption. Thanks to Senators Carolyn Allen and Vic Soltero for their votes against this bill. The bill was only assigned to the Transportation Committee and now moves to the Senate floor after Rules and caucus. The House legislation is HB 2119, which passed with a strike-everything amendment to the original bill. The new version now allows a person who receives a photo radar civil traffic violation to pay their fine off within three weeks and not have any points deducted or insurance company notification up to three times in one year. After the fourth time in a one-year period, insurance company notification and MVD points would begin to accrue. HB 2119 also caps the fine for photo radar civil traffic violations at $50. The bill passed with a 6-3 vote with Representatives Andy Biggs, Pamela Gorman, Russell Jones, Marian McClure, Nancy McClain and John Nelson voting yes. We are thankful to Representatives Amanda Aguirre, Meg Burton Cahill and Tom Prezelski for their "no" votes. The bill must still be heard in the House Judiciary Committee. LEGISLATIVE BULLETIN February 10, 2005 PAGE ~ Forest Health Legislation Advances in House and Senate Legislation relating to forest health passed House and Senate committees this week with strong support from committee members. Both pieces of legislation amend sections of law that were added last year to incentivize businesses to harvest and process forest products. Last year's bill added tax incentives for qualifying forest health businesses for income tax and taxes on business equipment. The goal of this year's bills is to make some pieces of last year's legislation easier for companies to take advantage of, as companies have not yet applied for the tax credits. HB 2276, which is sponsored by Representative Tom O'Halleran, is a product of discussions in the interim by the Governor's Forest Health Council, and makes numerous changes to the tax credits portion. The legislation passed both the House Natural Resources & Agriculture and Ways & Means Committees on Monday unanimously. It is now ready for floor action following Rules and caucus. The House Natural Resources & Agriculture Committee also passed HB 2275, Forest Products; Use Fuel Tax this week. This bill adds incentives for transportation of forest products within Arizona by reducing the fuel tax for qualifying forest health businesses from 26 cents a gallon to 13 cents a gallon. On Wednesday this week, the Senate Natural Resources & Rural Affairs Committee also passed legislation relating to forest health sponsored by Senator Marilyn Jarrett. SB 1337, Forest Health Amendments, also seeks to make changes to the tax incentive portions of last year's legislation, but does not contain all of the same provisions as HB 2276. The Senate legislation requires the Department of Commerce to implement a program to encourage cities, towns and counties to provide local incentives to economic enterprises that promote forest health. It would also require the State Forester to maintain a website for forest health information. HB 2276, also lowers the number of employees that a business would be required to have in order to qualify for forest health credits from 10 to 3. SB 1337 was also amended to include the same fuel tax reduction as HB 2275 during Wednesday's committee hearing. The bill passed the committee unanimously. At this point, it is uncertain how the House and Senate will work out the differences in their forest health bills. Last year, the bills' sponsors, Representatives Tom O'Halleran, Cheryl Chase and Senator Marilyn Jarrett, met and worked on a compromise bill that was eventually passed and signed by the Governor. At this point, it appears that a similar compromise might occur again. The League will be closely watching the forest health bills and will keep you posted on their progress. House Natural Resources & Agriculture Committee Considers a Flood of Water legislation On Monday, the House Natural Resources & Agriculture Committee discussed several bills relating to water. The bills were sponsored by the Committee's chair Representative Tom O'Halleran. The bills that were considered are HB 2169, Land Use Planning; Water Resources, HB 2173, Adequate Water Supply; Notice, HB 2174, Emergency Drought Transfers and HB 2277, Water Providers; Water Plans. HB's 2173, 2174 and 2277 passed the Committee. HB 2173 applies only to regions outside of Active Management Areas (AMA) and would allow a city, town or county to deny approval of a subdivision if the new subdivision does not receive a determination of an adequate water supply from the Arizona Department of Water Resources (ADWR). It passed by a vote of 5-3 with Representatives John Allen, Jack Brown and Cheryl Chase voting no. HB 2174 passed the Committee unanimously and would allow groundwater to be transported away from a groundwater basin that is outside an AMA for a temporary period under specific emergency circumstances. HB 2277 passed the Committee unanimously with a strike everything amendment that modified provisions of the bill as originally introduced. The new language in HB 2277 would require community water systems to submit a water plan to the ADWR that includes water supply, drought preparedness and water conservation components. All three bills must also be heard in the House Counties, Municipalities & Military Affairs Committee. HB 2169 was the only bill that failed in the Monday Committee hearing. The bill would have required additional information to be included in the water resources element of a general development plan for cities, towns and counties. HB 2169 also required local governments that are in the same groundwater basin or subbasin to share information in order to work towards regional water plan integration. In Committee testimony, there were both concerns and support expressed on behalf of municipalities. The bill failed by a vote of 3-5 LEGISLATIVE BULLETIN February 10, 2005 PAGE~4 with Representatives John Allen, Jack Brown, Cheryl Chase, Lucy Mason and Jerry Weiers voting no. Representatives Ann Kirkpatrick, Russell Jones and Tom O'Halleran voted to support the bill. Because there are cities and towns on both sides of these bills, the League will be monitoring the bills but not taking a position on them. We will continue to update you on their progress. However, if you support the bills or have concerns about their impacts, please make sure to contact your legislators directly on this issue. House Transportation - Committee Puts the Brakes on a Bad Bill Today the House Transportation Committee voted down HB 2538, Public Construction; Business Losses; Compensation. This bill was brought forward by Representative John Allen and if enacted, would have resulted in increased costs for transportation and public works projects. HB 2538 would have allowed a business owner to recover damages for business losses due to public construction activities from cities, towns, counties and the State that reduce business activities if the construction lasts longer than eight months. Fortunately, the House Transportation Committee decided to vote this bill down. The bill failed by a vote of 4-5 with Representatives Amanda Aguirre, Meg Burton Cahill, Russell Jones, John Nelson and Tom Prezelski voting no. Thanks are due to Representatives John Nelson and Tom Prezelski for their comments in support of cities, towns and other government entities' willingness to work with citizens during the construction process and recognizing the importance of transportation and public works projects. Bad Idea On Council Vacancies Senate Bill 1492, Common Council; Cities; Vacancies, is sponsored by Senator Ron Gould and would limit the ability of a general law city or town council to fill a council vacancy. Due to a League Resolution in 2003, we amended state law to include the option of filling the vacancy by appointment until the next election if the , vacancy occurred 30 days before the candidate nomination deadline. Senator Gould's bill mandates that a person be appointed only until the next election. It removes the appointment method that has been in place since 1905 requiring the vacancy to be filled for the remainder of the term. Because of election deadlines, this bill simply does not work. Also, every other level of government in the state fills vacancies through appointments and there is no- reason to single us out and treat us differently. It was killed in the Senate Government committee this week by a vote of 3 to 4. We appreciate the "no" votes from Senators Bill Brotherton, Jake Flake, Albert Hale and Harry Mitchell and we are particularly appreciative of Senator Flake's comments in defense of maintaining local discretion. Let's hope we have seen the last of this bad idea. So Many Bills So Little Time This Monday marked the bill introduction deadline for the House of Representatives and last Monday was the Senate's deadline. This year, a substantial number of bills has been dropped compared to previous sessions. In total there are 726 House bills, which is an all-time record, and 512 Senate bills, the sixth highest total. There are also another 174 resolutions and memorials making the total a staggering 1412 pieces of legislation dropped. The number of bills dropped by the Senate and House this year is second only in quantity to the amount that were dropped in the 2000 session. It is unusual for a new legislature to introduce so many bills. Typically, the number of bills introduced in the first session is less than the second session, as the new members take at least a year to learn the issues before introducing a lot of legislation. It is unknown if this large volume of bills will have an impact on the length of the session this year, but with the budget still lingering, the rest of the session will be busy for everyone. Please continue to check the League website for the summaries of new bills of municipal interest that are posted each week. LEGISLATIVE BULLETIN February 10, 2005 PAGE 5 LEGISLATIVE BULLETIN IN THIS ISSUE Cable Bill is Postponed Until Next Week ............ . It Was an Ugly Week at the Capitol ................. 1 Nine Cities Stand to Lose Shared Income Tax ...... . Mixed Results on Photo Radar and Other Bad Transportation Bills this Week .............. 2 Anti-Inclusionary Zoning Bill Passes Senate Government ............ 3 Liquor Bill Gets Amended, Passed ................ 3 League Resolution Passes Senate Judiciary Committee ............. 3 Anti-Annexation Bill Moves Forward in the House ..... 3 Senators Kill Supermajority Vote Bill for the Second Year in a Row ............... 4 5% is the New 2°/a for the PSPRS ................. 4 Lcague of Arizona ~~ ~ ~~y Citles:,a~Towns Legislative Bulletin is published by the League of Arizona Cities and Towns. Forward your comments or suggestions to: League of Arizona Cities & Towns 1820 West Washington Sttee[ Phoenix, Arizona 85007 Phone: 602-258-5786 Fax: 602-253-3874 Email: league@mg.state.az.us Interne[: www.azleague.org Issue No. 6 February 18, 2005 Cable Bill is Post~oned Until Next Week Keep Up the Pressure on Your Sena ors We delayed the Bulletin production and mailing so that we could report to you the latest news on the cable bill, SB 1229. The bill was scheduled on the last floor calendar on Thursday after an already full Senate afternoon schedule, which also included other controversial measures such as medical malpractice reform. By the time the Senate got around to the floor calendar that contained SB 1229, it was already late afternoon and the Senate adjourned for the day, delaying floor debate on the cable bill until next week. There are strong indications that there was not a vote on the bill because of the lack of "yes" votes, rather than the time of day. This is very encouraging for our cause, but the delay on voting will give the supporters additional time to garner more votes. As reported in our previous Legislative Bulletins, SB 1229 puts the State in the middle of a relationship which for 30 years has been between the federal government and cities, towns and counties. The Legislature is inserting itself in the middle to give the cable companies a huge break in their fees and not providing any replacement revenue to the local governments which receive those fees. They are doing this in the name of tax equity but if there is an inequity it was not created by the state government and should not be solved there either. Additionally, because the bill has an identical House counterpart, HB 2563, the bills can go to final passage immediately if passed in both chambers. The House bill appears to also be stalled for now as well, but that could change at any moment. Please keep up the pressure on your senators and representatives on SB 1229 and HB 2563. As demonstrated by the delays, we are close, but not there yet. It was a Very Ugly Week at the Capitol Cities and towns had a rough week at the Legislature this week with raids on state shared revenues, major attacks on local authority and even moving toward requiring extraordinary votes on local bond issues. It was an ugly week, a very ugly week, and unfortunately there does not appear to be much of a change in sight. There seems to be an even stronger anti-city sentiment at the Legislature this year. Individual members are mad about a variety of local government actions from tax incentives, to public facility construction, to use of tax dollars for social service programs. The concept and philosophy of local control is clearly under attack. How can we reverse this trend of "get `em" bills? With some members, there is probably no hope of turning them around. With others, perhaps some education about what cities do and how you fund those activities may help. But this level of anti-city sentiment calls for drastic measures and we think active citizen involvement may be the only answer. Do your citizens think that the Legislature should be granting cable companies a huge tax break at the expense of local programs and services? Do they support the idea that the cable companies need protection from you, their locally elected city or town council? If you live in one of the 9 largest cities or towns, do they think their community should be excluded from the benefits of urban revenue sharing while all other cities and towns share in that revenue source? Do they think that the Legislature should be deciding for you what types of programs you should be able to offer your employees or what you should be able to charge schools for impact fees? At least some legislators are not hearing from or listening to their local officials, perhaps you need to share what is happening with your citizens and see if your legislators will listen to - them. -Nine Cities Stand to Lose Shared Income Tax The Chairman of the Senate Appropriations Committee, Senator Bob Burns, has decided that after 30 plus years the urban revenue sharing program should be gutted by excluding the eight largest cities and the largest town from the program. Cities and towns now with populations of over 100,000 would no longer receive revenue from this program; cities and towns which reach that population in the future would also be excluded. Seven of the eleven members of his Committee voted with him to pass S. 1115. We testified about the history of urban revenue sharing; it was passed by the voters in 1972 to apply to all the cities and towns in Arizona. We testified about the importance of this revenue, and how it funds the most basic of services to citizens. We testified about the problems of a local income tax which was the suggested replacement revenue. We testified about what was not in the bill -like where the local tax would be imposed on where the person works or where they live. The principal theme of our testimony, however, was why the Legislature would want to discriminate against 62% of the population of the State since that is the percentage that live in the nine cities and towns affected. Even if the city or town does not impose a local income tax, their residents will pay income tax but not get the same benefit from that tax as the taxpayer in a smaller neighboring community. Even the authority to impose a local income tax may affect location decisions -does the State really want to discourage the location of residents and businesses inside the nine cities and towns and others that will grow to that population. The measure is cleverly drafted to combine the cut in revenue sharing with a commensurate cut in state income tax so the "savings" by the state would go to tax relief. The remaining cities and towns would not benefit from the cut to the large jurisdictions. Even if you are not one of the nine cities and towns directly impacted, this bill should concern you. It would be the first major cut in revenue sharing and what they can do today to nine they can do to all in the future. We hope you all will join with us in opposing this bill. Mixed Results on Photo Radar and Other Bad Transportation Bills this Week There were both victories and losses in the Legislature's seemingly endless war on photo radar and traffic safety this week. Starting with the good news first, on the Senate side SB 1328: Photo Enforcement; Process Server Costs was defeated on Tuesday in the Senate Transportation Committee. This bill was similar to HB 2119 and would have prohibited the courts from notifying MVD of a photo enforcement violation if the person admitted responsibility and paid the fine within twenty-one days of receiving notice of the photo enforcement violation. The bill failed on a 2-2 vote with the bill sponsor and Committee Chair, Thayer Verschoor, and Vice Chair, Marilyn Jarrett, voting in favor of the bill. A big thank you to Senators Carolyn Allen and Rebecca Rios for their opposition. Another positive step in the Senate was the postponement on a Senate Transportation Committee vote for SB 1321: Driver Point System; Speed Violations, which decreases the amount of points on a driver's record for speeding violations from three points to one point. The bill was held by Senator Verschoor after extensive testimony against the bill. Senator Verschoor also decided to hold two other bills without any testimony: SB 1324: Speed Limit; Eighty Five Per Cent and SB 1326: Photo Enforcement Contracts. SB 1324 requires the speed limit for all State highways to be set at the speed at which 85% of the vehicles on the highway are traveling and SB 1326 prohibits local governments from entering into photo radar contracts that pay the vendor based on the number of citations issued. We have no reason to doubt that all three of these bills will return next week, so please make sure to speak to the members of the Senate Transportation Committee if any of these bills are a concern to your city or town. Proceeding with the bad news next, photo radar bills in the House passed in two different committees on Thursday. The House Judiciary Committee passed HB 2119: Photo Enforcement; Civil Penalties. As you may remember from last week's Bulletin, HB 2119 allows a person who receives a photo radar civil traffic violation to pay their fine off within three weeks and not have any points deducted or insurance company notification up to three times in one year. After the fourth time in a one-year period, insurance company notification and MVD points would begin to accrue. HB 2119 also caps the fine for photo radar civil traffic violations at $50. The bill passed the House Judiciary Committee by a vote of 5-3. Thanks to Representatives Ted Downing, Steve Gallardo and Ben Miranda for voting no. HB 2119 moves to House Rules and caucus next. At the same time that the House Judiciary Committee was hearing HB 2119, the House Transportation Committee was considering a similar bill, HB 2260: Photo Enforcement Traffic Complaints. This bill has numerous harmful provisions, including establishing that when civil traffic violations are detected by photo enforcement, the State and political subdivisions must demonstrate at a hearing that the defendant was driving the vehicle and the photo enforcement device was in proper working order at the time of the violation. The bill passed the Committee by a vote of 6-3. Thanks to Representatives Amanda Aguirre, Meg Burton Cahill and Tom Prezelski for voting no. HB 2260 must still be heard in the House Judiciary Committee. Thanks are due to Paradise Valley Councilmember Virginia Simpson and the numerous law enforcement officials who took the time to come to the Capitol twice this week to testify in opposition to the bills. LEGISLATIVE BULLETIN February 18, 2005 PAGE 2 Anti-tnclusionary Zoning Bill Passes Senate Government The Senate Government Committee considered and passed an anti-inclusionary zoning bill on Thursday that directly contradicts the efforts of the League's fair housing resolution SB 1477: Local Planning; Residences; Fee Prohibition forbids a county, municipality or special taxing district from requiring that certain housing be designated for sale to a specific class of purchasers. Despite testimony from Flagstaff and Coconino County officials that this legislation would negatively impact efforts established through their general planning process to provide affordable housing, the bill passed the Committee on a 4-3 vote. Thanks to Senators Bill Brotherton, Albert Hale and Harry Mitchell for voting "no." A big thank you to Flagstaff Councilmember Kara Kelty for making the trip to the Capitol to testify against this legislation. The bill moves next to Senate Rules and caucus. Liquor Bill Gets Amended, Passed This week, the Senate Government Committee considered SB 1413, Liquor Licenses; Ownership; Local Agreements, which is the result of a League resolution and is sponsored by Senator John Huppenthal. The original language of the bill would have empowered cities and towns to enforce prelicense agreements that they may enter with an applicant regarding the operations. The bill also includes measures to crack down on hidden ownership of liquor establishments to prevent unsuitable individuals from controlling a liquor I icense. As a result of contentious stakeholder meetings, the bill was significantly scaled back to the version that passed the Senate Government Committee, which only retains the hidden ownership provisions. That was the only language that could be agreed to by the liquor industry and the Liquor Department. We thank Senator John Huppenthal for getting everyone to the table and hope that the discussions will continue regarding problem liquor establishments. League Resolution Passes Senate Judiciary Committee On Monday, the Senate Judiciary Committee approved SB 1488: Persons Lawfully Detained; Identification Requirement. This bill is a part of the 2005 Municipal Policy Statement and is being supported in conjunction with the Arizona Association of Chiefs of Police. SB 1488 requires a person who has been lawfully detained on suspicion that the person has committed or will commit a crime to state his or her true full name. If the person does not supply his or her name, the bill makes the person guilty of a class 2 misdemeanor. SB 1488 passed the Senate Judiciary Committee by a vote of 5-3 with Senators Bill Brotherton, Ron Gould and Richard Miranda voting no. Thanks to Senator Jay Tibshraeny for his sponsorship and support of the bill and to Senators Linda Aguirre, Jack Harper, Marilyn Jarrett, Dean Martin and John Huppenthal for their "yes" votes in committee. The bill was amended by Senator Bill Brotherton, which added three new provisions as follows: a person that must identify him or herself cannot be compelled to answer any other inquiries, a person can refuse to identify him or herself if providing their name would be self-incriminating and law enforcement must advise suspects that refusing to identify themselves is unlawful. The bill was single-assigned to the Judiciary Committee, so it moves next to Rules and caucus. Anti-Annexation Bill Moves Forward in the House While several bills have been introduced attacking local land use authority, there has been relatively little movement on the bills to date. However, HB2131, County Islands; Annexation, Property Rights, sponsored by Representative Andy Biggs did clear its first voting hurdle this week with a narrow 6-5 vote in favor of passage by the House Counties, Municipalities & Military Affairs Committee. As originally drafted, the bill would have preempted municipalities from requiring connections to public sewer systems or changing land use regulations on lands annexed from county islands. The bill made no distinction on whether the lands were developed or undeveloped and made the preemptions permanent regardless of any future ownership changes. The bill was amended in committee to limit the preemption to residential lots of 15,000 square feet or greater and to provide greater discretion regarding public sewer requirements. The bill had been scheduled for a hearing back in January but was held likely due to a lack of votes. The amendment, sponsored by Representative John Nelson, was apparently enough to get the bill successfully out of committee. The yes votes came from Representatives Ted Carpenter, Trish Groe, Russ Jones, John Nelson, Jonathan Paton and Jerry Weiers. Voting to protect local control were Representatives Manny Alvarez, Cheryl Chase, Pete Hershberger, Tom Prezelski and Albert Tom. Special thanks to Reps Hershberger and Prezelski for their strong arguments and pointed questioning of the bill sponsor during the testimony. The amendment scales down the impact of the bill but is still a local preemption. Annexation policy should be moving in the direction of enhancing efforts to annex urbanized areas, not the opposite way. The bill has also been assigned to the House Federal Mandates and Property Rights Committee where it has not been scheduled for a hearing yet. We will keep you updated on any further movement. LEGISLATIVE BULLETIN February 18, 2005 PAGE 3 Senators Kill Supermajority Vote Bill for the Second Year i n a Row In a repeat of last year, the Senate voted down SCR 1010: Enabling Local Taxes; Supermajority Vote on Thursday. This legislation would have placed a measure on the 2006 ballot to amend the Arizona Constitution to require legislative approval by a Supermajority for any legislative act that allows a city, town or other local government to impose a tax or increase tax revenue. Senator Dean Martin introduced the bill both times, let's hope that two failures on this bill is enough. - While there would be few instances where this bill would actually impact cities and towns, we are glad it got voted down because it needlessly interfered with local governments. The bill would have made it much more difficult to get "permission" from the Legislature to put tax issues to a local vote such as the Maricopa and Pima county transportation sales tax questions. Thanks to Senators Carolyn Allen, Jorge Garcia, Harry Mitchell and Victor Soltero for speaking in favor of local governments and against this bill. As always, we are grateful for their support. The bill failed by a 10-16 vote. 5% Is the New 2% for the PSPRS A bill to increase the Public Safety Personnel Retirement System (PSPRS) employer contribution rate from the current 2% to a 5% passed the Senate floor Finance Committee this week by a vote of 7-1. The effect of this bill, 561366, is that a city or town can never contribute less than 5%, even when it is actuarially sound to do so. Those cities and towns that are currently paying less than 5% will now pay more than their share and the net increase in the PSPRS fund will continue regardless of how robust the fund may grow. Although the bill's sponsor, Senator Dean Martin, amended the bill to prohibit the over funded amount from being used for additional benefits, this restriction could easily be stripped in the future. Please contact your Senators and ask them to kill SB 1366: Minimum Employer Retirement Contribution Limits. LEGISLATIVE BULLETIN February 18, 2005 PAGE 4 PIMA ASSOCIATION OF GOVERNMENTS 177 N. CHURCH AVENUE SUITE 405 TUCSON, ARIZONA 85701 (520)792-1093 FAX: (520) 620-6981 TPD: (520) 792-9151 REGIONAL COUNCIL - Pima Association of Governments 1:OOp.m.,Wednesday, February 23, 2005 5th Floor Main Conference Room -Suite 501 DESCRIPTION ANTICIPATED ACTION 1. Call to Order and Roll Call 2. Pledge of Allegiance 3. Approval of Minutes of January 26, 2005 4. Announcements DISCUSSION/ACTION 5. 2004-OS Regional Social Services Block Grant (Title XX) Plan 6. Legislative Update 7. Financial Report 8. Executive Director Annual Review 9. Annual Thomas L. Swanson Award PROGRAM PRESENTATION 10. Regional Stormwater Management Initiatives CONSENT AGENDA 11. Consent Reports a. Transportation Planning Committee Report b. Portland Cement Lease Operations in Davidson Canyon c. EPAC Citizen Representative Vacancies d. Environmental Planning Advisory Committee (EPAC) Report OTHER INFORMATION/DISCUSSION 12. Future Agenda Items 13. Other Information/Discussion 14. Call to the Audience 15. Adjournment Approval Discussion/Action Discussion/Action Discussion/Action Discussion/Action Discussion/Action Presentation/Information Information Information Information Information Information/Discussion Information/Discussion *ACTION MAY BE TAKEN ON ANY ITEM*