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Home My WebLink About03/15/2005 Council Agenda Packet-FullTOWN OF MARANA, ARIZONA COUNCIL MEETING AGENDA 13251 N. Lon Adams Road March 15, 2005 - ?: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 March 14, 2005, 7:00 o'clock p.m., at the Marana Town Hall and at www.marana.com under Town Clerk, Minutes and Agendas. TOWN OF MARANA, ARIZONA COUNCIL MEETING AGENDA 13251 N. Lon Adams Road March 15, 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 Minutes of January 18, 2005 Study Session Minutes of the January 18, 2005 Regular Meeting 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. 1. Resolution No. 2005-25: Relating to Development; approving a release of assurances for Sonoran Vista and acceptance of public improvements for maintenance (Keith Brann) 2. Resolution No. 2005-26: Relating to Development; authorizing the Town Manager to execute a partial release document, releasing the proposed M & I Bank site from the Real Estate Exchange and Development agreement recorded December 19, 2003 (Frank Cassidy) 2 TOWN OF MARANA, ARIZONA COUNCIL MEETING AGENDA 13251 N. Lon Adams Road March 15, 2005 - 7:00 p.m. B. THE COUNCIL SITTING AS THE MARANA I-10 COMMUNITY FACILITIES DISTRICT 1. Marana I-10 Community Facilities District Resolution No. 2005-O1: Relating to Development; authorizing the dissolution of the District Board of the Marana I-10 Community Facilities District (Frank Cassidy) C. COUNCIL ACTION 1. Resolution No. 2005-32: A resolution of the Town Council of the Town of Marana determining that the Marana I-10 Community Facilities District has been inactive for at least five years and has no future purpose and assuming, to the extent not otherwise prohibited by applicable law, all of the obligations of the Marana I-10 Community Facilities District, all pursuant to A.R.S. §4-701 et seq. (Frank Cassidy) 2. Resolution No. 2005-29: Relating to Housing; approving and authorizing the execution of an intergovernmental agreement between the Town of Marana and Pima County for the construction of public sanitary sewers in the Honea Heights Colonia (Frank Cassidy) 3. Resolution No. 2005-30: Relating to Real Estate: authorizing the approving an agreement for the use and transfer of a modular building to the Marana Health Center (Frank Cassidy) 4. RelatinE to Personnel: approving and authorizing the creation of a hiring pool to ensure full Police Officer staffing (Jane Howell) 5. Resolution No. 2005-31: Relating to Development; approving a preliminary Plat for Oasis Hills (Barbara Berlin) 6. Resolution No. 2005-27: Relating to Development; approving a preliminary plat for Gladden Farms Block 17 (Barbara Berlin) 7. Resolution No. 2005-28: Relating to Development; approving a preliminary plat for Gladden Farms Blocks 18 and 20 (Barbara Berlin) 8. Executive Sessions pursuant to A.R.S. § 38-431.03(A)(3) and (4) to consult with and instruct the Town's attorneys regarding (a) negotiations with the City of Tucson and Flowing Wells Irrigation District (FWID) concerning the Town's pending application before the Arizona Department of Water Resources for transfer of 1,500 acre feet of FWID's excess Central Arizona Project allocation, (b) negotiations with the City of Tucson concerning a proposed intergovernmental agreement governing the ownership and use of effluent generated at metropolitan sewer treatment plants as the result of water deliveries from the Town of Marana water utility, and (c) legal implications relating to assured water supply designation, replenishment obligations, water rights and the like arising out of the delivery of water through the Town's non-potable water system (Frank Cassidy) 3 TOWN OF MARANA, ARIZONA COUNCIL MEETING AGENDA 13251 N. Lon Adams Road March 15, 2005 - 7:00 p.m. 9. State Legislative Issues: Discussion/Direction/Action regarding all pending bills before the Legislature (Mike Reuwsaat) X. MAYOR AND COUNCIL REPORT XI. MANAGERS' REPORT XII. FUTURE AGENDA ITEMS XIII. ADJOURNMENT --? i~Y / Bobby Sutton, Jr., Mayor 4 STUDY SESSION MARANA TOWN HALL JANUARY 18, 2005 PLACE AND DATE Marana Town Hall, January 18, 2005 I. CALL TO ORDER By Vice Mayor Kai at 5:40 p.m. The study session was held informally and no official roll call was given. All Council members were present and seated at the dais. A list of public attendees is attached. II. GENERAL ORDER OF BUSINESS 1. Study Session: Update on the Radio Communication System -- Motorola ASTRO LE Radio Upgrade Proiect (Tony Casella) Tony introduced Rick Brown, who provided the update to Council. Rick Brown summarized the current status of the ASTRO LE upgrade project. At the operation center, the equipment has been installed, tested, and is ready to go. At Beacon Hill, renovations have begun and shortly we should be able to test Beacon Hill. Northwest Fire is ready to go. When Beacon Hill is up and running, we expect to do some coverage testing. Due to some Qwest delays and issues with the 9-1-1 system, the move date has changed somewhat, so the police department will be moving February 27th instead of the original date of February 6th or 7th. Vice Mayor Kai: Do you think you could give us a little more detail on how the system will work, in layman terms? Beacon Hill will be a repeater system; is that right? And what about the MOC operation? Rick Brown: We are currently operating just off of Beacon Hill, so our coverage is somewhat limited. Under the new system, we will have three sites: Beacon Hill, the MOC, which will be the prime site, and Northwest Fire. Our coverage, will improve tremendously with those three sites and with the new dispatch center. Vice Mayor Kai: How many frequencies will we have in the whole system? Rick Brown: Four, which is what we are currently using. We have requested a fifth frequency, but it hasn't been granted yet. Mike Reuwsaat: The Northwest site is the site up at Dove Mountain. You have also been upgrading the MDTs. Rick Brown: The MDTs, mobile data terminals, are being upgraded. I am working with the vendor now to make sure that we do get the coverage. The MDTs are running off a separate system, so I am looking at that as well to make STUDY SESSION MARANA TOWN HALL JANUARY 18, 2005 sure that they are connected, or will be connected at a maximum coverage. That is running strictly from Beacon Hill at the moment. Mike Reuwsaat: Where are you with the new radios, the units, and the new dispatch system? Rick Brown: The new radios are in. They are currently being programmed. First we have to "PM" them, program them as they are called. Then we put in the templates that we are going to use, for instance, the number of channels we have, the number of talk groups, the users, and the badge numbers go on the portables. The templates have been designed, so those have been put into the mobile radios that go in the vehicles and, also, into the portables that each officer will be carrying. We expect that to be completed with the next week and a half to two weeks. Very soon after that, we will start installing mobiles, possibly in some of the non-essential vehicles where we can to try to get ahead of the installs. Vice Mayor Kai: Now, will police be using the ASTRO LE system, or some of Town employees; building people, be using that system also? Or is this mostly dedicated to the police department? Rick Brown: At the current time, it is mostly dedicated to the police department. Mike Reuwsaat: Then this system is the one that is in and operable that will meet all our future needs. Rick Brown: That is correct. Mike Reuwsaat: Our current system is 20 years old. Just to give you kind of a measure of comparison, I think the county changes theirs out about every seven years, so they are on the third generation while we are still -- I don't think they have tubes in them, but they are pretty close. Tony Casella: The new system is P-25 compliant, Project 25, and that is the new standard. Our system will be operable with Pima County's. Mike Reuwsaat: By dedicating a staff person to the PD with the new equipment and the software system we purchased years ago, we'll be able to hold vendors accountable. Our IT staff is stretched right now, but I would like to do a `hats off' to the IT department for the tremendous amount of work, and the quality of work they are doing in looking out for the best interest for the citizens of Marana and the safety of our officers so they can communicate better. Council Member Comerford: Not to mention the money that Tony saved by bargaining. STUDY SESSION MARANA TOWN HALL JANUARY 18, 2005 Council Member Escobedo: The test back in December, how long did that go for? The feedback from the officers was quite positive. Rick Brown: Back in December, we conducted a test for 10 days. We handed out 10 portable radios for them to use. Currently, we still have 4 mobiles installed in the police vehicles, the new radios, and of course, the intent of the test was not to do coverage testing, but to let them get a look and feel of the radios, although a radio is a radio, but these are a little bit different because they are a little more high-tech. The feedback was very positive. They liked the coverage, even though at the time it was just Northwest Fire that was up. Tony Casella: We will probably be looking at around 98 percent coverage for the Town limits with the three sites. Vice Mayor Kai thanked Rick and Tony for their presentation. 2. Study Session: Presentation: Proposed expansion of Marana Training Facility (Mike Reuwsaat) Mike Reuwsaat: For some time, we have been talking with MTC staff about, issues at two levels. The first one is they would like an expansion of their current facility to handle more inmates at the Marana MTC center. Second, in order to do that, from a financial liability standpoint, if the Council were to grant such a request, they would have to broaden the number of categories, the types of inmates that come out here so they could fill the beds. The information in your packet talks about the benefits of the current operation to the community. The second part of that package talks specifically about some of the category changes they would like to see if the expansion of the center was to be granted. Tonight is an education session. Jack Hartwig is here today with staff members, whom he will introduce his staff members, and who will be making a presentation, then we will be open for discussion and questions from Council. Jack Hartwig, introduced Marana Warden Lieder, and Tom Dorn and Eric Achen from Phoenix and Marana, respectively. The word expansion is a little ahead it itself. What we are really asking from all of you this evening is to change the use permit that came into play when the facility was opened 10 years ago. We have listed some of the things that will change -- that would be the new eligibility criteria for people that may come and live at Marana. The expansion is way down the road, and many, many, many things have to happen, over which we have zero control. The department has to give us the inmates. They have to appropriate the money to build it, etc. All we are asking for this evening is just to change the use permit to expand the criteria. Before we do that, I want Warden to talk a little bit about Marana being a very good neighbor here in Marana for the last 10 years. Warden Lieder: I took the job with MTC at the Marana facility in September. Previously, I have worked with the company as a contract monitor when I STUDY SESSION MARANA TOWN HALL JANUARY 18, 2005 worked for the State of Arizona. Warden Lieder then went on to recount the working relationship between the Town and the Marana facility since 1994, when the facility was established. She emphasized the staff to Marana resident ratio, trying to keep most of the jobs available to Marana residents. Our biggest concern is, that we emphasize with you, is that 50 percent of staff that work at MTC come from the Town of Marana and about 15 percent of our staff that work at MTC at the Marana facility come from within a 10-mile radius of the Town of Marana. Vice Mayor Kai: Warden, how many actual employees would that be? Warden Lieder: 116 staff, so 50 percent of that live in the Town of Marana. An additional 15 percent are within the range of the community. Local contractors, subcontractors for building for anything that we need done at the facility is 90 percent. We subcontract 90 percent of services with local contractors. Our main focus with the facility is that it is a substance treatment facility. Currently, we have about 450 inmates that are housed there. We provide a 14- week intensive substance abuse program. They to a prerelease type of treatment after that until they are released or sent back to another ADC facility. That is our focus: education and substance abuse treatment so they are ready for release when they get out. Council Member Honea: I have had the privilege of walking through your facility a couple of times on tour. The facility appears to be very well kept and very well run and very well maintained. I have a question on one of the items that was left out. You want to expand the type of inmate or type of person that you are going to bring into the facility. One of the biggest selling points that we had when we approved MTC in the early days was that no one that had committed a crime with a weapon, any kind of deadly-force type thing was allowed in the MTC facility. I don't see that in the new proposal of the new inmates. I don't know if I am getting ahead of myself or what. Maybe the specificity is here and I am just missing it. One of the things that we sold to our community was that these individuals, whether they are working on the street or they are helping with projects, which we appreciate, was that no one housed at the Silverbell Road facility has ever robbed a bank at gunpoint or pulled a knife on someone and stabbed someone or something like that. That was very specific in the early days. When you are talking about expanded -- Jack Hartwig: The security level of the facility is not going to change. The score you have to get on the classification instrument to come here is not going to change. What is going to be adjusted is some of the crimes that were not once considered could now be considered, and we have listed those in the packet we gave you, like burglary, fraud. Council Member Honea: I was looking at that comparison, but specifically, I am interested in anyone that has perpetrated a crime with a weapon or knife. STUDY SESSION MARANA TOWN HALL JANUARY 18, 2005 Jack Hartwig: Warden Lieder can certainly explain to you, much better than I, how the classification goes and the grading system. Because of certain crimes, you get certain scores. Warden Lieder described some of the technical components of offense classifications. Council Member Honea: Inmates can be reclassified within the system. You can go in for murder. If you serve a certain amount of years and you are a model citizen and you do things, they can move you down in the classification. Warden Lieder: Not to a Level II facility, not to a minimum security facility. Council Member Honea: So if you rob a Circle K with a gun, you will never end up in this facility? Warden Lieder: If you start out at their highest custody level, you will never reach the minimum security level, because the classification system has certain breaks in it. If you start out as a P-5, which is the most severe offense that they can classify you for, you do not go below a Level III unit. Council Member Honea: I am going to ask you the question again very specifically. Can anybody that has perpetrated a crime with a gun get down to the classification where they can get in this facility under the new specs? Warden Lieder: It is a little more technical than that. Council Member Honea: All I am looking for is a yes or a no. If somebody robbed a bank with the gun can they make it here? Warden Lieder: I can't give you a yes or no answer. That would be determined by ADC central classification. SPEAKER: So you can't tell this Council that a guy went to Circle K, held them up, got $15, got picked up by Paul and his guys, and he was doped out, and they sent him to prison. You can't tell this Council that that guy can or cannot make it to this facility. Warden Lieder: Again, it would depend. I mean, with our proposal for the change in the violence criteria, again, we consider use of a weapon or injuries to the victim. We are requesting the department to use that as criteria that they use to evaluate the inmates that come to us. Me personally, I cannot tell you. Council Member McGorray: Your definition of violent is someone who has injured somebody and/or used a weapon in the process. STUDY SESSION MARANA TOWN HALL JANUARY 18, 2005 Warden Lieder: Yes Council Member McGorray: What is your definition of violent? Warden Lieder: What the department uses as a serious offense includes injury or use of a weapon or violence in the offense, which is first-degree murder, second-degree murder, manslaughter, sexual assault, any dangerous crimes against children, armed robbery, burglary in the first degree, kidnapping, sexual conduct with a minor. Council Member McGorray: So you don't describe any other prisoner as violent, except those on the list you just read describing some of the crimes. Warden Lieder: They do evaluate a history of arrest or felony convictions, not just their current offense, but if they have any history. Council Member Escobedo: There is a note in here that says: Note: exception would be given to inmates serving a sentence for aggravated assault, consider use of dangerous weapon and victim to injuries. Warden Lieder: We are asking them to evaluate, if an inmate is convicted of aggravated assault if he used a weapon or there were injuries to a victim. If that is true, then we are asking them not to send them to us. Jack Hartwig: All those crimes she read, those people would not live at Marana. That was true 10 years ago; that is true today. So nothing has changed there. Warden Lieder: They would never come. Council Member Honea: I am looking for specificity, and I still didn't get an answer, so I guess eventually we can get one somewhere. Council Member Comerford: What I would like to see in plain black -- what are the changes? Who are we allowing now that we didn't allow before? Jack Hartwig: Because of the Arizona Revised Statutes are lengthy, I didn't list everything. On the list of what you have are three and a half pages of the bigger chunk of crimes that will be considered with this change of criteria. Just because you see aggravated assault listed, they are all in numerical order in the statute, so that does not necessarily means that you are going to get a preponderance of those. What is going to happen is the fraud and theft. That is the big thing the department needs to find places for, and Marana is a perfect site for that. Council Member Comerford: You are saying these are presently excluded, and these are the ones you wish to put on. Warden Lieder: Yes STUDY SESSION MARANA TOWN HALL JANUARY 18, 2005 Council Member Escobedo: Now, you say that no inmates with a Class IV, V, and VI would come to this facility, or V and VI, if they were rated at a IV, V, and VI. Is that correct? Are there different ratings for different type of offenses? Warden Lieder: Yes, there are. Council Member Escobedo: Property offenses? Warden Lieder: It is actually based on the felony offense itself. P-Ss, which is the highest custody level for the department, is murder, second-degree murder, that kind of thing. P-4s, which are high/medium custody, all Class I and II felonies. They go to a high/medium custody. P-3s are all Class III and IV felonies. They go to a Level II medium security facility. P-2s, which is what we currently house, and which is what we are still asking for, is just P-2s, are Class V felonies or Class VI felonies. Council Member Escobedo: What, then, is a I-3? I am just going to go down the list. Warden Lieder: I-3 is an institutional score of a 3. It is different from the P score. The P score is the public risk. The "I "score is an institutional risk: Are they a risk to the operation of the facility? Do they cause problems? Do they get disciplined? That kind of thing. Council Member Escobedo: How about an A/D-2? Warden Lieder: That is an alcohol and drug score. Council Member Escobedo: What is N M-2? Warden Lieder: That is a medical score. Council Member Escobedo: Same thing with N MH-2? Warden Lieder: Yes. Council Member Comerford: So far in this facility, we have only had P-ls and not P-2s? Warden Lieder: No. You have had P-ls and 2s. Council Member Comerford: So we have had as high as classified in Class VI. Warden Lieder: Yes. Those are the lowest class felonies you have. Council Member Comerford: Is it because Arizona law has changed that you are STUDY SESSION MARANA TOWN HALL JANUARY 18, 2005 coming to us, or because there is a need for it. Jack Hartwig: It is 10 years. The population has shifted over the years, and we have a treatment facility here that can serve the needs of the department, if they choose, to send these inmates to us. With the current capacity, we could probably take another 50 inmates in the existing physical plan. To do that, we need to expand and adjust the boundaries a little bit so we can take in that extra. Council Member Comerford: The boundaries you are talking about are not the facility. The boundaries you are talking about are -- Warden Lieder: The criteria. Jack Hartwig: The Arizona Department of Corrections still does all the classification, makes the decision to send them to Marana. That will not change either. Mr. Hartwig invited the Council to visit the facility. Mike Reuwsaat: If it would be the Council's pleasure, Jaret or I could sit down with them and go through all the list? There is just a level of uncertainty here. I think staff would feel comfortable. We could sit down and go through the code with them and get yes and no answers to the issues in question. We understand what you want, and I think you want a little more specificity. Jack Hartwig: We want you to be comfortable with the decision. We will answer all your questions so you know yes or no this is what is going to happen. Council Member Escobedo: The way I read this, this is what I would have been led to believe. It is to include the reclassification of the inmates. So it is just reclassification. Warden Lieder: Changing the use criteria. Mike Reuwsaat: They could use that now to fill the last 50 beds. Jack Hartwig: The department needs it. Council Member Comerford: So you are saying your facility can accommodate 500 prisoners and you are only 450. Warden Lieder: Yes. Council Member Comerford: Is it because you can't find 50 more in the current classification? Warden Lieder: No, it isn't a matter of not being able to find just 50 more. It is a STUDY SESSION MARANA TOWN HALL JANUARY 18, 2005 matter of giving the flexibility to the department. Because the inmates we have are so close to release, we have in influx of inmates, and then we have a bunch of them leave. To be able to expand the criteria a little bit would give the flexibility to the department. Council Member Comerford: Are they released from your facility if time is served? Warden Lieder: Some of them are, yes. Council Member Comerford: And where is their relocation, or do you know? Warden Lieder: I don't have the solid numbers, but I can get it for you. Most of them go to the metropolitan areas, Pima County and Maricopa County, because that is where the other treatment facilities or programs are that they have access to when they leave. 3. Study Session: Presentation: EverEreen Air Park (Mike Reuwsaatl Mike Reuwsaat: Tonight, we have Robert McAndrew from the Evergreen Air Center to make a presentation on what is going on as our neighbor. Robert McAndrew: With me from Evergreen is my chief financial officer, Michael Melvin, and our community coordinator, Tom Hinman. I am here to talk about Evergreen Air Center, where we are in our business, what we do, some of our business activities, tell you the status of our business. Our business is doing well, and we are ready to grow, and we are looking for support from the City of Marana. We have 59 current customers at the air center. The companies that are bigger than the air center all have multiple hangars, and that is the reason why I am here tonight, to talk our growth and our constraints. In 2003 when this chart was done, we did 850,000 man hours. We are coming up on the end our current fiscal year, and we are approaching 930,000 man hours. We are almost to the million- man-hour mark at the air center. We have 575 people, 445 technicians. The higher pay rate, A&P, which are aircraft mechanics, special engineers, special test people, and a lot of special techniques for the people that work on aircraft. We are continuing to add people, and we have a program to stay well in touch with our employees. Contribution to the community for the Evergreen Air Center, even though we are just across the border in Pinal County, 85 percent of our employees are form Pima County. Our payroll is over $30,000,000 per year. We did a survey. About 70 percent of our people live in Marana, North Tucson, so most of our employees are home in Marana in this area. That payroll, 70 percent, is about $21,000,000. We looked at some economic indicators, 3, 3.2, and economic impact to the area is about $60,000,000 a year. Looking at some average tax rates, we feel our employees contribute about $4.8 million from the air center. We are approaching $60,000,000 this year, and we have utilized every STUDY SESSION MARANA TOWN HALL JANUARY 18, 2005 facility we have. We have met with our management. They agree we have maxed out our facilities, and we need to expand at the air center. MRO business, if you follow the trade papers, you know low-cost airlines are the way of the future. Major airlines, United, Northwest, American, have all maintained their aircraft, but they have to outsource. Outsource comes to people like Evergreen. Our competition, Temco, in Seattle. The airlines are outsourcing, and that is a strong business indicator for the air center. We are seeing more and more work from the airlines. We can create new jobs, and we need to expand at the air center. We have done the design analysis, laid out what we need. It is a $15,000,000 hangar that is a wide-body hangar, and consolidation of our shops. When we look at the growth of that hangar, we would expect to create 210 new jobs for Marana, North Tucson. Our average pay rate is $42,000 a year. We figure that will equal about $8 to $9,000,000 a year of additional impact. With the growth factor, it is over $25,000,000 a year. Over a 10-year period, we are looking at a new hangar at the air center would generate over $90,000,000 in revenues for the area. How can Marana help? We are looking to bring this additional income into the community. We can bring 210 new jobs. We really want to fast-track it. We don't want to study it. We are looking at both Marana and the City of Tucson. We need some funding for this hangar. We are asking Marana to give us a $5,000,000 loan. We would like for it to be principal only for 10 years, no interest, and starting to pay it back. We are prepared to pay it back once we open a new hangar. The new hanger build plan is 12 months. So it goes fairly quickly. We are meeting with the City of Tucson, but it is really looking to help Marana to add a couple hundred more jobs to this area. I certainly will take questions, and also, would invite anyone on the Council that would like to come and visit the air center, look at it, because I know it looks so different from three miles out on I-10 to when you come on site and see the work we are doing. It is all commercial aviation work. We have some of the major airlines. We have 54 aircraft from Northwest Airlines there, and we have some very strong customer base, and we it is just a great opportunity to expand. Vice Mayor Kai: I think a tour of your facility would be good for our Council. Bob McAndrew: It would be our pleasure. I think you would find it very interesting. It is much more than an aircraft parking facility. We are running at peak hours at the moment. Vice Mayor Kai: Possibly we can get together with staff and get a good time for Council to come out get a tour. Town Manager Reuwsaat: We will go ahead and work with you to arrange that tour. I will be in touch, and we will set up an initial meeting to discuss their request. Have you talked to Pima County? STUDY SESSION MARANA TOWN HALL JANUARY 18, 2005 Bob McAndrew: We have had some dialogue. We are having the Tucson Mayor and City Council on February 3rd. We are meeting with Pima. And I met with the supervisors of Pinal County this morning, but I am really trying to fast-track to see what kind of support we can have. In the case of jobs, again, they are all in Pima County. It is 80-90 percent Pima, and a high majority, of course, here in Marana and North Tucson. MikeReuwsaat: When your request is for $5,000,000, is that for Marana and the other 10 of the 15 coming from Pima County, Tucson? Bob McAndrew: That is correct. Town Manager Reuwsaat: So what you are looking for is for the entire $15,000,000. Bob McAndrew: $15,000,000 is the budget for the hangar. We have done some surveys. We have the design. We are ready to build. We are asking for a loan, not a grant, not a gift. We will pay it back. It is an opportunity for us to corner another significant piece of the business. III. ADJOURNMENT The Vice Mayor adjourned the meeting. The time was 6:25 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Study Session held on January 18, 2005. I further certify that a quorum was present. Jocelyn Bronson, Town Clerk MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL JANUARY 18, 2005 PLACE AND DATE Marana Town Hall, January 18, 2005 L CALL TO ORDER By Mayor Sutton at 7:03 p.m. II. PLEDGE OF ALLEGIANCE Led by Mayor Sutton III. INVOCATION/MOMENT OF SILENCE A moment of silence was observed. IV. ROLL CALL COUNCIL Bobby Sutton Mayor Present Herb Kai Vice Mayor Present Jim Blake Council Member Present Patti Comerford Council Member Present Tim Escobedo Council Member Present Ed Honea Council Member Present Carol McGorray Council Member Present STAFF Mike Reuwsaat Town Manager Present Frank Cassidy Town Attorney Present Jocelyn Bronson Town Clerk Present Jim DeGrood Executive Asst. to the Town Manger Present Richard Vidaurri Chief of Police Attached is a list of public attendees. V. APPROVAL OF AGENDA Council Member McGorray made a motion to approve the agenda, seconded by Council Member Honea. The motion carried unanimously. VI. ACCEPTANCE OF MINUTES There were no minutes for approval at tonight's meeting. VII. CALL TO THE PUBLIC ~ ANNOUNCEMENTS ~ INTRODUCTIONS UPCOMING EVENTS Mayor Sutton welcomed Representatives Jennifer Burns and Manny Alvarez, who attended the Council meeting to support the working training grant program. Joe Yuhas, the Deputy Director of Arizona Department of Commerce, made a presentation of a check in the amount of $234,782 to Sargent Controls representatives in support of the Arizona Job Training Program, which will provide training for 210 employees. Sargent Controls will match that amount to aid in training. The job training program is designed MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL JANUARY 18, 2005 to meet the needs of companies who are hiring new employees, as well as advancing the skills of their existing workforce. David Parker, 7135 West Maple Ridge Drive, spoke to the Council to encourage consideration of a no-smoking ordinance. His request was to start a process to look at what is appropriate for Marana, and to involve stakeholders in looking for a mutual solution. Mayor Sutton instructed the Town Manager to direct staff to gather all of the information and materials previously obtained on this issue and bring it up to date for further Council review. Ed Stolmaker, Executive Director of the Marana Chamber of Commerce, presented the quarterly review and a list of the events for 2005. Mr. Stolmaker discussed the Man and Woman of the Year awards and also noted that there is a separate committee this year to review nominees. He also mentioned that there are still a few openings on the bowling teams for the upcoming Chamber event at Bedrocks February 5th. Robert Weibly, Dove Mountain resident, spoke about the US Home development of Quail Crossing East, which borders on open desert. The lots on this parcel are all considered view lots with high premium. They were sold with the provision that no one could build within 100 feet of the property line. About three weeks ago, a large cul-de- sac was cut in right up to the property line, destroyed the desert completely, all the saguaros were taken away. It appears that it may have actually been Monterey Homes who had put forth a plan in July, which was approved by the Council, that caused the destruction of the desert around his home and several others in the vicinity. Mr. Weibly continued to recite specific areas of concern. Mayor Sutton noted that Cottonwood Properties has been notified, and staff will work with Cottonwood to find a solution. The Mayor instructed the Town Attorney to give an opinion on this and then for staff to get back to Mr. Weibly and the other residents. Jim Wilkinson, 8405 North Sayante Way, spoke regarding the potential traffic problems related to a rezone for a veterinary clinic along Silverbell Road near Wade Road. Mayor Sutton thanked Mr. Wilkinson. He stated that there is atraffic-impact analysis to guide the staff regarding the ability move traffic safely in this and other areas. Again, he thanked Mr. Wilkinson for his concern. VIII. STAFF REPORTS There were no questions regarding the staff reports. IX. GENERAL ORDER OF BUSINESS A. CONSENT AGENDA A motion was made to approve the Consent Agenda by Council Member Escobedo, and seconded by Vice Mayor Kai. The motion carried unanimously. MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL JANUARY 18, 2005 1. Resolution No. 2005-03: Relating to the Police Department; extending the intergovernmental agreement between the Marana Police Department and the Pima County Community College District for courses in law enforcement and community development; and declaring an emergency. (Richard Vidaurri) 2. Resolution No. 2005-10: Relating to Water Service; approving and authorizing the execution of the Agreement between the Town of Marana and Monterey Homes and Us Home for Construction of Potable and Non-Potable Water Facilities and Provision of Water Utility Service for Rancho Marana 154. (Brad DeSpain) Resolution No. 2005-08: Relating to Elections; placing the referendum on the Tortolita Vistas Specific Plan, Ordinance No. 2004.18, on the May 17, 2005, ballot and setting a deadline for receiving arguments for and against; authorizing the Town Clerk to take all actions necessary for the preparation of the publicity pamphlet relating to the referendum; and providing for removal of this item from the ballot and cancellation of the arguments of Ordinance No. 2004.26 goes into effect on February 4, 2005. (Frank Cassidy) B. COUNCIL ACTION 1. Presentation: Third Annual Charity Team Roping and Barrel Racing for Special Olympics event. (Joe Carrasco) Lt. Joe Carrasco and Officer John DeStefano presented this item to Council, stating that this is the third annual and only special Olympic event of this type to raise money for Special Olympics. The goal of this event is to surpass the $8400 raised last year. Officer DeStefano said he hopes the event will bring in over $15,000 that can be sent directly to Special Olympics. Both Lt. Carrasco and Officer DeStefano urged the Council to support this event by attending the two day event beginning March 5. Resolution No. 2005-09: Relating to Development; authorizing the Mayor to execute an agreement with the Continental Ranch Community Association to modify tennis courts and functionally replace them with a public parking lot available for use in connection with Continental Ranch Park. (Frank Cassidy) Frank Cassidy presented this item, stating that the tennis courts currently at the Community Center will be transformed into a parking lot right across the street from the park to provide a little more parking. He referred questions to Jim DeGrood as he has been more directly involved in the technical aspects of the project. Mr. DeGrood stated that approximately 50 new parking spaces will be created from the existing tennis courts at the community center. The Town has a lease that it would be entering into with the association to allow the Town to use that parking. The Town will incur some expense developing the improvements, and will also be responsible for the major maintenance of the facility, but it will afford overflow parking into the Continental Ranch Community Park, which is desperately needed. Mr. Cassidy noted that a pedestrian lighted safety MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL JANUARY 18, 2005 crosswalk would also be installed. Mayor Sutton noted that it is a great statement to need overflow parking at a park. Council Member McGorray moved to adopt Resolution No. 2005-09, seconded by Council Member Blake. The motion was unanimously approved. 3. Ordinance No. 2005.03: Relating to Annexation; annexing into the corporate limits of the Town of Marana that territory known as the Hall Annexation comprising approximately four acres of land on the west side of Camino de Oeste and north of Ina Road. (Dick Gear) Mr. Reuwsaat addressed Council, stating that this is the request to finalize an annexation of four acres. It is the Hall Annexation. We previously had a public hearing. We have 100 percent of the signatures and 100 percent of the value on it. It is two property owners. Council Member Escobedo moved to approve Ordinance No. 2005.03, seconded by Council Member McGorray. The motion carried unanimously. 4. SECOND PUBLIC HEARING: Resolution No. 2005-04: Relating to the Alternative Expenditure Limitation (Home Rule Option) (Roy Cuaron) There being no one to speak on this matter, Mayor Sutton moved the hearing opened and closed. Mr. Cuaron spoke to the Council, stating that the Home Rule Option is in effect for four years, and every four years the Town asks the voters to approve the Home Rule Option. The importance of the Home Rule Option is pretty basic. Without it, the Town can spend only to the limits the state determines by a formula established in 1978. So if this ballot measure does not pass, we would have to cut back dramatically on services that we provide to the community. It is very important that we educate the voters of Marana on the importance of the Home Rule Option. Our game plan for this upcoming election is that between Jocelyn and myself, we will be visiting with the various civic organizations and educating the public about the importance of the Home Rule Option and what it is all about. There will be something on the web site. Mr. Cuaron further stated that if the Home Rule Option does not pass, the revenues stay in the town and are put into a savings account, basically. The public hearing was declared opened and closed. Council Member McGorray moved to approve Resolution No. 2005-04, seconded by Council Member Blake. The motion was passed unanimously. PUBLIC HEARING: Ordinance No. 2005.02: Relating to a Rezoning; reviewing and adopting an ordinance for the rezoning known as the Veterinary Clinic. (Barbara Berlin) MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL JANUARY 18, 2005 Ms. Berlin described the property and appurtenances thereon, which is located on approximately 2.2 acres of land. The current zoning on that property is "C" which is, actually, a large lot zoning. There is an old house on the property, and the proposed rezoning is to commercial office use zoning in order to use it as a small veterinary clinic. The Planning Commission heard this matter on December 15th, and recommended approval of the project with a couple of conditions as outlined in the ordinance attached. The present zoning of the property, which is really a remnant parcel and is not useable in its current zoning. The CO zone is consistent with other proposed commercial uses in that vicinity. With that, I will be happy to answer your questions. A motion was made by Council Member Escobedo to open the public hearing, seconded by Council Member McGorray. Motion carried unanimously. Michael Chretin, 8371 North Sayante Way, read a letter to Council and circulated some photos. His primary concern is that the veterinary clinic is behind his back wall, and that wall separates the two properties, whereas other commercial properties throughout Continental Ranch are separated by parks, washes, or streets. He stated that the rezoning would affect security, noise abatement and privacy. For those reasons, Mr. Chretin stated that he felt it is absolutely necessary that the block wall separating the two properties be raised. He has contacted Continental Ranch review committee regarding the raising of the wall, and it was indicated to him that, due to the proximity of the two properties, if the rezoning is approved, they will entertain the request to raise the wall. The Chretins are requesting that Doctor Perkins agree to pay for the additional height to the wall if the rezoning is approved. If an agreement cannot be reached today, he asked that the rezoning be postponed until an agreement can be reached. He noted that he was in favor of working with Doctor Perkins towards awin-win solution and that his intentions are only to maintain the quality of our lives and the value of our home in this unusual matter. Mayor Sutton questioned whether Mr. Chretin felt that there would be a different safety risk if there was another house there or something, or was it the amount of trips that was of more concern. Mr. Chretin stated that once you open that land to a commercial setting, any kind of traffic can come throughout all hours of the day that cannot be accounted for. At least as a homeowner, you are either joined to a backyard or within a community setting. If his wall is raised, he is not against development. Mayor Sutton asked if staff could get clarification from the HOA that raising the wall would not be an issue. Ms. Berlin stated that this was the first she had heard about them approaching the architectural review committee, so she would be happy to hear from them. Mayor Sutton asked was the trip count was. Ms. Berlin stated that the maximum trip in the morning peak hour is 22 trips, and the maximum in the afternoon peak is also 22 trips. MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL JANUARY 18, 2005 Council Member McGorray asked if there were any animals housed overnight at this facility. Ms. Berlin thought that is was not an overnight-care facility. However, Dr. Perkins addressed the Council and noted that there were going to be hospitalized animals there overnight if need be. If the people would elect not to have the animal stay there, there are 24-hour facilities that will be sent to, but that is an option they will have. There are buffer zones and maps in those books we have there. In response to a question from Council Member Honea regarding a noise buffer at night, Dr. Perkins stated that there are no windows that could be opened. The newer materials that they have today that they build into the walls soundproof it pretty well. We don't want to hear what is going on in the back, either, when we are seeing clients in the office. So it would be pretty much soundproofed. If you look at the business site plan, it is not directly behind the house in question. It is going to be down more towards the cul-de-sac. Yes, the yard in question goes pretty much the full length of that wall, but the empty house itself, basically, is what is behind the house in question, and that is well north of where the facility will be. Dr. Perkins also noted that if the if the homeowner's association would allow a couple more blocks on the top of the gentleman's back wall, he would be willing to take care of that to remedy the situation. Dr. Perkins also stated that there is going to be landscaping in the 25-foot buffer zone. He noted that when the property is longer vacant, there should be much less potential for vandalism. Council Member Comerford: Dr. Perkins, with no offense to you or your planning in regards to that property, the prior owner had every opportunity back when Continental Ranch developed to develop that land as part of the community and chose not to. Granted, it was their right to not do that. To wait until now when that community is developed and there are residents that surround that property, to turn it into a commercial area in an area where we already have traffic as an issue that will create more trips in and out in that congested area, along with the urgent care facility across the street, too sorry too late. I would rather see it be and continue to be residential, even if it ends up being one house on that lot. The property is vacant now and that is why it may be contributing to some problems in that area. I am sorry, Dr. Perkins, it's no fault of yours, but I think that we have a due diligence to that community to leave that area zoned residential, and not create anymore hardship in that area. Dr. Perkins: If it is left as it is, then I guess I have the entitlement to put four horses on it, because it is large lot C horse property. Barbara Berlin: The property is zoned "C." It is only 2.2 acres, and the minimum size for a property in the "C" zone is 25 acres. So there is a problem with any change of use on the property from what it is now. Mr. Cassidy noted that typically, when you have a legal nonconforming use, MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL JANUARY 18, 2005 which is what this is, you cannot change the use, even if it would have been permitted if you had full sized lot. Since this became nonconforming with a single-family residence on it, they can continue to use it for single-family residential purposes with that single residence without rezoning. Changing the use or increasing its intensity in any way, including having horses on the property would, as a general matter, be a violation of the zone. Mayor Sutton stated that he was not ready to approve anything on this. We also need staff to comment. We are dealing with a property owner that probably isn't even around anymore. We have an opportunity here, but I am going to direct staff, the homeowner association, if we do a wall, who is going to need the wall; who is going to pay for the wall; do we set a precedence, and I just want to get a feel from that immediate neighborhood there, is that a use issue. I am going to direct staff to do that, and I am going to move for a continuance. The motion was seconded by Council Member McGorray. Council Member Blake asked for clarification from the applicant on the actual size of the building he intended to erect on the property for the animal hospital/veterinary clinic. It appear to be a very large facility. Nearly 5,000 square feet is a pretty good sized operation. Dr. Perkins: It will actually be more 4,500. Mayor Sutton: I am going to point of order myself and withdraw my motion. We are still in public hearing. Do you withdraw your second? Council Member McGorray: I withdraw my second. Mayor Sutton: We are still in public hearing. Mr. Wilkinson stated that he had not completed a speaker card on this item because he had not intended to speak. However, he noted that he is one of the neighbors. The only concern he had was that of the height of the wall to stop the sound, also to stop possible people from climbing the walls. He wanted the Council to be aware that Dr. Perkins did come through the neighborhood, and he did represent himself as to what he was putting up there Mr. Reuwsaat asked if this item could be continued to a date uncertain, but put a relative speed in answering the HOA question, checking with staff on the planning zoning decisions there, looking at the traffic, and also hours operation. Maybe just a couple more weeks to take a look at this and then bring it back to you again. Bob Anderson spoke as a member of the Mayor's Silverbell overlay committee, noting that the committee had established a number of permitted and non- permitted uses for new developments along Silverbell. Overnight stays of animals in veterinary clinics or hospitals are not permitted. Mayor Sutton: Another thing we need to address with the overlay committee. MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL JANUARY 18, 2005 After further discussion of items already raised, a motion was made by Council Member Escobedo to come out of public hearing, seconded by Council Member McGorray. The motion carried unanimously. Mayor Sutton: I will resubmit my motion for continuation when it is available, seconded by Council Member McGorray. The motion passed to continue 6 to 1. Council Member Comerford dissented. C. LEGISLATIVE REPORT Michael Racy, 535 West Burton Drive, gave the Council the first legislative report of the 47th Session of the Arizona State Legislature, with an overview of the political makeup of the legislators, stating that overall, both bodies and the committee chairmanships and the committee make-ups are more conservative than we have seen in the last few years. Mr. Racy then captured the state's current financial picture, noting that it will be a less difficult year to put a budget together than we have seen in the last few years, although there have been very substantial increases over the last year in indigent health care and in educational expenses. The big issues are primarily the state budget for Education. There may be some sort of a deal between some business tax relief and some other economic development incentives and some program for funding all-day kindergarten. At the moment, state- shared revenue for cities and towns looks pretty good. It looks like it is safe. Representative Huffman has introduced the technical correction bill that cleans up the statute that returns revenues to 15 percent. There is a proposal in the Governor's budget to fund an additional portion of DPS, both operations, salaries, and equipment out of HURF. That does erode, again, both city and county HURF revenues. No one wants to speak against law enforcement; no one wants to speak against police, but it is a very legitimate question to ask if your local highway revenues should be spent on that or if that should come out of the general fund. That issue will get much more discussion and debate as the session goes on. Water policy is going to be another major issue this year. The continuing drought in the state of Arizona has raised water conservation to a level that I have never seen before in the state of Arizona. Council Member Kai is very active on the water issues. Most of the bills, certainly not all of them, deal with areas outside of the active management areas. Here in Marana, Tucson, Maricopa, were inactive management areas. There is consensus of opinion, interestingly enough, out of the governor's office, the Senate, and the House has some form of state land reform. That is something we worked on a great deal last year. There was a large package that had some major benefits for the Bajada overlay zone, and really enabled the kinds of things your town manager has been working on. That big package isn't going to move forward, but a scaled-back version will get, at least, a lot of discussion. We will be very involved in that to try to get some little elements that help to facilitate, at least, the ability, if the community and everyone wants to, to do the kinds of innovative things that were talked about in the Bajada. If something makes it through, it is going to be state land reform. I would not expect to see a major reform package go through. MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL JANUARY 18, 2005 With respect to municipalities, there are a large number of bills that have already been introduced. Many of these are items we have seen from last year. The Town of Marana was extremely active on a bill that would have prohibited any sort of municipal tax incentives that was introduced by Senator Jack Harper last year. The majority whip, the former mayor of Chandler, is proposing an alternative to that, requiring some resolutions and findings to be made by a local council before they pass municipal tax incentives and would not allow it to be done on an emergency basis, so it would be referable. We will be actively involved in that. An area of a lot of concern in the Cable Television Association. Management staff is proposing a bill to limit cable franchise fees to not more than 3 percent. Most all jurisdictions are at 5 percent, which is the federal maximum. This is a significant hit to general fund revenues that have made, again, individual arrangements with the cable companies, and something that the League of Cities and Town and this community will very, very, actively be opposing, and is actually a bit disappointing to see. We are also directly involved in the effort to allow a city or town with a population under 50,000 to elect a different base for a referendum. The Constitution states that it is 10 percent of the base, as established by the Legislature. What we are proposing is that you could refer back to the prior general election where you have had turn out that is representative of the size of the community that you live in, not the total number of registered voters. It is heavily supported by the League of Towns. But the bill has fallen flat, to be candid, over the last couple of years. This year, we have taken the leadership role on trying to move this piece of legislation and get a little more successful than has been the case in the last few years. There are a number of land use bills that have been put in. A number that are going to be difficult fights. There is another bill limiting down-zonings and another bill that would restrict what you would be able to do if you annexed a county island. It would put special and unique limitations on changes you could make if you happened to annex a county island versus anything else you would annex. There are two more bills related to the same area, one that would require performance audits, both before you start and every five years; and if at some point someone decides they don't like what you are doing, it pulls the plug on all the funding, which for along-term capital expenditures creates many, many challenges and difficulties. On the good-news side, the highway extension loan program, there is a bill that I think it has a very good chance to be extended. This is a short-term loan program that is meant to allow communities to accelerate funding for projects. It has been very successful. As you all know, the Twin Peaks project is moving along very well. Congressman Kolbe did an incredible job for the community, getting an additional $4,500,000 of federal funds. That sets a great precedent to get more funds going forward. We already have, from a few years ago, $14,000,000 of state funds committed to that project. A detail you may not remember, this project is the only locally sponsored project of its type that we were able to get the State Department of Transportation to sign a letter supporting and endorsing to the entire congressional delegation. Working very closely with Mr. Chapa, we are very optimistic that we can do well back with the feds. The state help program, if it is necessary, could be a great opportunity to additionally accelerate some funding, if it is necessary for that project or other projects, so it is a good thing. We are happy to see that move forward. MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL JANUARY 18, 2005 The last one is on the Home Rule -Expenditure Limitation. There have been bills on the subject for as long as I have been there. There haven't been major changes in the past. I don't expect major changes now. There is the possibility now for an expenditure limitation change to apply for a greater period of time. If you are in a community that is not experiencing any growth, it works okay. If you are experiencing a decline, the way some of the mining communities have in the state, you wind up with this giant excess of expenditure authority and no revenue to spend on it. If you are a fast-growing community, you wind up in the opposite situation, as the Town of Marana and a few other communities find themselves in. Vice Mayor Kai noted that Mr. Racy had report on a great deal of information and requested that Mr. Racy provide a written report or memo on his legislative report that the Council could follow along with. Mr. Racy stated that he would be happy to provide that in the future. D. MAYOR AND COUNCIL REPORT Vice Mayor Kai: Council Member McGorray and I attended the H & R Block dedication this past Monday, and welcomed them to our town. We both got a $10 certificate for our next visit to H & R Block. Also this coming 25th, I am going to attend an event at Bud Brown's Barn to meet some people from the Arizona Legislature. If anyone on the Council would like to go, we can get an invitation. Let me know, and we will get a list, and get some invitations. E. MANAGER'S REPORT Besides the legislative report, I am going to be placing on future agendas, a water update. As you are aware, there is a lot going on with water. Two important meetings the last couple weeks. As we move forward with our water policy programs, I think it is important enough that I would like to update you as to what is going on. With the help of Mr. Racy and Mr. Chapa, we prepared and updated an application for an authorization for the Twin Peaks, asking for federal authorization for $32,000,000. The money that we currently receive comes through the appropriation process. It is coming in the terms of an $800,000 appropriation, in this session $4,500,000. We are stronger if we get an authorization, because the authorization then lets us go in, and it is okay. The Congress can look and say, you are authorized for $32,000,000, so it is easier to get the appropriations in the appropriation process. This will be the second year our application is in. Congressman Kolbe will sponsor that with support by Congressman Grijalva, so we are continuing to pursue additional funding. The help could be a factor in the future. I would sure like to get it all from the federal government, if we could. Mayor Sutton: I will back up and give a little report. As you were saying, this water issue is starting to be played out a little more in the press, and Ithink -- bad pun -- but the ripples from what is going in in water could affect everything regionally, including the transportation we have been working on real hard. It is leaving a bad enough taste in what is going on with staff there and miscommunication, misinformation. We are doing our best to fix it. You and I met with Mayor Walkup, and there is a disconnect, I MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL JANUARY 18, 2005 believe, with certain levels of staff and their Mayor and Council, that I know Mayor Walkup was interested in finding out what was real, what was going on, but it is serious and it is significant. I think if we don't get that fixed, you are going to see the brakes put on a lot of stuff, as far as regional cooperation goes because without water, this whole greater Tucson, this whole community is done. We are trying to plan, and I think we are going to get there. You are going to be seeing a lot more of us going out and allowing Mr.DeSpain do what he needs to do to get Marana what it needs for its future. I hate for the gloves to be off, but we are not going to let our residents suffer because of the decisions or the attitudes by some staff members. I know Mayor Walkup is willing to work the thing out. I know the county is in support of what everyone else seems to think are the regulations involving the water. So as some clarification comes, we will update our Council so that our residents may better understand why, first, this issue is so huge, and second, what we are doing to deal with it, so you will see a lot more on that. X. FUTURE AGENDA ITEMS There were no future agenda items presented. XI. ADJOURNMENT A motion to adjourn was made by Council Member Escobedo, seconded by Council Member McGorray, and carried unanimously. The time was 8:46 p.m. CERTIFICATION I herby certify that the foregoing are the true and correct minutes of the Marana Town Council Meeting held on January 18, 2005. I further certify that a quorum was present. Jocelyn Bronson, Town Clerk STAFF REPORTS TO COUNCIL Building Department Clerk's Office Court Finance Department Parks and Recreation Department Planning Department Police Department Public Works / Engineering Department Human Resources Department Water Department h/admin/forms/staff reports For: February 2005 ~1 ~~~ MAI~A!\lA /1\ TOWN OF MARANA TEAM WORK- Is all staff working together in outstanding ways, with extraordinary cooperative effort to accomplish ordinary tasks TO: Mayor Bobby Sutton, Jr. Town Council Mike Reuwsaat, Town Manager FROM: Water Department Staff SUBJECT: February 2005 Department Report Update DATE: March 2005 CUSTOMER INFORMATION 3007 Number of Customers Billed 66 Number of Disconnects 93 Number of New Connects 133 Number of New Services with Meter Installation 22,943,659 Total Gallons sold 44.64 Acre feet pumped (non-trust wells) Picture Rocks, Happy Acres, Palo Verde, Airport, Sky Diving Center, Continental Reserve and Hartman Vistas 34.28 Acre-feet wholesale water purchased (trust wells) Marana, La Puerta, Oshrin, Falstaff, Honea, and Cortaro Ranch (325,851 gallons =acre foot) ... DAILY OPERATIONS 1. 350 Blue Stakes completed. 2. 185 Work Orders completed. 3. Repaired fire Hydrant on Cerius Stravenue 4. Installed Ballards around three fire hydrants along Cerius Stravenue 5. Found a buried valve along Picture Rocks Road. Installed new valve sleeve and box. 6. Repaired radio read meters. 7. Potholed water lines within the Redemtorist Renewal Center off of Picture Rocks Road. 8. Began pavement cuts for new service lines at the airport. 9. Construction inspections for Ironwood Reserve offsite water and Heritage Park Road. 10. Collected GPS data of system infrastructure. WATER SERVICE AGREEMENTS BEING NEGOTIATED 1. Cascade Development-Addendum to Hartman Vistas 2. Oasis Development-Addendum to Hartman Vistas 3. Santoria Estates (on West side of Old Silverbell North of Linda Vista intersection). 4. Willow Ridge Agreement is pending. n 5. Agreements for Water Service in San Lucas to Blocks 1-12 Complete. 6. Addendum to Vanderbilt Farms is pending. OTHER 1. Discussions of regional reliability and terminal storage of C.A.P. water being discussed. 2. Anon-potable Master Plan is underway. Discussions with Arizona Department of Water Resources. 3. Non-potable system and storage are in the discussion, and draft, design stage, for the east side of I-10, from Tangerine Rd. to the Pinal County line. 4. Sunset Ranch Estates rate comparison in Progress. 5. Regional water supply organization discussions on hold. 6. Water Issues Being Elevated with Tucson Water. 7. Effluent and Marana Wastewater Treatment Plant in discussions with Pima County. 8. Flowing Wells excess C.A.P. allocation transfer in process at Arizona Department of Water Resources. 9. As of January The Water Department started billing for sewer on our water bills. 2 4 i ~ > - ~ i - -~ - ~ , I 1 ).;. ~~ ~ 1.' 1 ! F I -- i ~~ i j P ( i ~ ~ (: - ~ ` .~,- LLL ,~ .VOLUME 3, :ISSUE 1 ,SOWN p~. MARCH 2005 t 1 7 9 !-''~~ 7 CAPITAL IMPROVEMENT PROGRAM-CIP PROJECTS I1~1 DESIGN MISSION STATEM~NTe MARANA CONTINENTAL RANCH LIBRARY: "The Town of Martina This Project consists of selecting an Department of Public Architectural Firm for design; design Works is committed to< providing quality service and construction of a new library to be by consistently deliver- located in the Town near the ing and maintaining reli- Walgreen's store located at the able, safe public facilities corner of Cortaro Road and Silverbell with a productive, re- Road. The new library will be located spectful, and ethicat workforce" south and somewhat east of the Walgreens. The library will contain approximately 15,000 square feet of VALUE STATEMENL•' floor space along with an additional 5,000 square feet of shell area that Our operating values area will be bid as an additive alternate. This space is intended to be for the use of the Town. The library is • SATISFACTION intended to house an eventual • RESPECT 100,000 volume book collection with state of the art technology, computer • COMMUNICATION. lab, large meeting room, and small • RELIABILITY study rooms. The delivery method for + PRODUCTJVITY the Project, as selected by Pima County, is Design-Bid-Build scenario. • ~UAUTY Estimated Design Time: Pima ETHICAL County anticipates a ten (10) month • CONSISTENCY design phase from issuance of the Notice to Proceed. • SERVICE Estimated Construction Time: Pima County anticipates a twelve (12) month construction phase from issuance of the Award of the Bid. Inside this issue: CIP Projects in 1-4 Design CIP Projects in 5-6 Construction Completed Projects 7-8 Traffic Division g Status: The architectural Services contract with Richard ~ Environmental & Bauer has been executed ~ Division by both the County and the ~ Architect. The Notice to Proceed is anticipated to be issued within two (2) weeks. i The kick-off meeting is ' tentatively scheduled for the ~`~~`°`~`~" week of 06 March, 2005 HONEA HEIGHTS ROADWAY IMPROVEMENTS: This Project will involve the development of construction plans for roadway and drainage improvements for Honea Heights subdivision, located between Sanders and Sandario Road, between Moore Road and the Santa Cruz River. Estimated Construction Time: Following completion of the Honea Heights Sewer, approximately 1st quarter of 2006. I Status: Fees and scope of work are being negotiated. 10-12 ~13~~AA7MENT,U.F:PUBLiC ~k1~~. ~~1~L.~#N~~~,. ~ `` r~_ _~_ ~ ~ E C=P PRD]ECTS IN DESIGN (ca~ttinued); 4 TWIN PEAKS INTERCHANGE: This Project consists of Environmental Assessment clearance, DCR, and 15% plans for the corridor alignment, Phase I; final design for TI, grade separated railroad structure east of I-10, and connecting the existing roadway system to the east, Phase II. Estimated Construction Time: 4th quarter of 2006. Status: Staff has completed the review of the Traffic Impact Analysis for the Project, and the comments have been transmitted to the Consultant for inclusion in the final report. Consultant is revising the EA to reflect the mitigation measures which were agreed to by the Town and ADOT during our meeting in January, 2005. Staff met with personnel from FHWA and ADOT in February to discuss the logistics of receiving the federal funding allocated to the Project. The Consultant and the Town are continuing to work on the public hearing which is an ADOT requirement. The EA and DCR are anticipated to be completed in the first quarter of 2005. MOORE ROAD IMPROVE- MENTS: This Project will involve the development of a Preliminary Design Report and subsequent final Construction Documents. The Project consists of improve- ments to driving surface and drainage crossings from Camino de Oeste to Thornydale Road. Estimated Construction Time: To be determined Status: The Notice to Proceed was given to the Design Consultant on October 23, 2003. The Preliminary Design Report and Plans have been received. TANGERINE FARMS ROAD IMPROVEMENT DISTRICT- TANGERINE ROAD TI TO MOORE: This Project consists of a new four-lane roadway with a landscaped median, curb and gutter, multi-purpose lanes, sidewalks, landscaping and drainage improvements. Estimated Construction Time: To be determined Status: The survey for the Project is underway and is expected to be complete in the 1st quarter of 2005. The Notice to Proceed for the design phase was issued in January 2005. INA ROAD BRIDGE IMPROVEMENTS- BRIDGE OVER THE SANTA CRUZ: This Project consists of constructing a new bridge over the Santa Cruz River and demolishing the existing bridge. Construction will also include rehabilitating the existing Grade Control Structure, and reconstructing the soil cement bank protection on the east and west side of the Santa Cruz River. The reconstruction of the bank protection will include provisions for a pedestrian path. Estimated Construction Time: 2008-2009 Status: The Bridge Improvement Plans, Design Concept Report (DCR), Bridge Selection Report, Bridge Stability Analysis and the amended Bridge Inspection Report have been submitted to ADOT's Phoenix office. The Town is awaiting final approval of the ACOE Permit. DISTRICT PARK BANK PROTECTION: This Project consists of providing soil cement for bank protection along the west bank of the Santa Cruz River from Ina Road to Cortaro Road. Phase I of the Project will be from Cortaro Road to the Yuma Wash. Estimated Construction Time: 3rd quarter of 2005 Status: Tetra Tech is the Design Engineer. Tetra Tech is working on revisions to Phase I of this Project. An individual 404 permit application has been submitted to the Army Corp of Engineers and is anticipated to be issued to the Town by the first quarter of 2005. Construction will begin after all permits are obtained, design is complete, and Rights-of-Way are acquired. ~ } I\17 z ~ ' ~ ..:r ~ _ ~ ~.-.~:. ~... ~ . ~Vi~L1.iME 3, ISSUE 1 CIP PRQ3ECTS IN DESIGN tcontinued} DCR FOR THE INA ROAD CORRIDOR PROJECT: This Project will involve the development of a Design Concept Report to improve Ina Road and the area south of Ina Road between Thornydale Road, I-10, and Orange Grove Road. Estimated Construction Time: To be determined. ~ Status: This Project is currently on hold. HONEA HEIGHTS SEWER IMPROVEMENTS: This Project consists of constructing/installing the sanitary sewer mainline and incidentals for the residents of the Honea Heights Subdivision. Estimated Construction Time: 2nd Quarter 2005 Status: The plans have been approved for bid by USDA Rural Development. DCR/DESIGN OF BARNETT LINEAR PARK AND FLOOD CONTROL PROJECT: This Project involves the development of a Design Concept Report for the Barnett Linear Park and Flood Control Project. The Project consists of utilizing the existing Barnett Roadway alignment for a major outlet channel/linear park from I-10 to the Santa Cruz River. Estimated Construction Time: To be determined. Status: The Cultural investigation and the multi-purpose concepts are complete for the original scope. The final Draft Environmental Assessment was submitted and was reviewed by Town Staff. Comments were submitted back to AMEC mid-January. The Town is waiting for a final report from the Consultant. The final hydraulic study is underway and preliminary findings are being calculated. DCR FOR CAMINO DE MANANA/DOVE MOUNTAIN EXTENSION: This Project involves the development of a Design Concept Report for the possible realignment of Camino de Manana from its intersection with Linda Vista Blvd to an alignment with Dove Mountain Blvd at Tangerine Road. Estimated construction Time: To be determined. Status: This Project is currently on hold f,s ~~~~+, , . SILVERBELL ROAD IMPROVEMENTS- CORTARO ROAD TO INA ROAD: This Project consists of reconstructing the roadway from two lanes to four lanes with curb and gutter, multi-purpose lanes and sidewalks, and providing for a continuous center turn lane, sanitary sewer system construction, and intersection improvements at Ina/Silverbell, which includes a new traffic signal system. ~~' ~~ ~ ~. - - ~ '+~ ,~~ t - Y~Y •S y, ' ~ 4 . ..;~ `" - = y = ~. ~ ~~~ }k ~ ~ ~ ~. ~~ r ~. ,. ri -v '-~ ~ ~ ~ ,~ _~ . yi ,. ~~ n ~., .~Y~11" n - - Estimated Construction Time: 3rd quarter of 2005 Status: Environmental, Biological, DCR, Geotechnical Reports, Pavement Design Summary, Archaeological and Drainage Reports are complete and have been accepted. The 404 Permit application has been submitted to the Army Corps of Engineers (ACOE) and is expected to be complete within the first quarter of 2005. The third year of Pygmy Owl Survey has been completed. The Town is in receipt of the final Sanitary Sewer Basin Study and the Study has been accepted by both the Town and PCWWM. A public open house was held on January 15, 2004. The Town is working with ADOT to determine the best schedule to coordinate the I-10 Widening Project with the Silverbell Project. The 100% plans have been received. ,~~r.~~#~'T~~N~~OF PUBLfC WORKS ~ r. ~.._ ~~ - - - - ' VO4~.L~t~~h~;r~~'~~; t~ . 4._~_.,~~ _r~y~,.,~„~ _~._ CIR PROJECTS IN DEST~N (continued} SANTA CRUZ RIVER SHARED Construction will need to be Determination (ED) has been USE PATH. PHASE I AND II: completed such that the ADOT accepted by ADOT. In late April 2003, the This Project consists of the design funds are properly tracked; Town selected Castro Engineering for the and construction of a 14' wide paved however, construction can be path design and Structural Grace for asphalt path from Cortaro Road to completed as a single project. design of the pedestrian bridges. The Coachline Blvd. via the EI Rio Park Estimated Construction Time: To artistic concepts for the Project have been presented and endorsed by the Mayor and Development. Two pedestrian be determined Council, Marana Parks Committee, the bridges provide major drainage Status: The Environmental Public Works Art Project Committee, crossings for the path. Continental Ranch, Sunflower Phase I consists of building a shared Homeowners Associations, the use path between Cortaro Road and Construction Committee and the Building Twin Peaks in the over bank and Committee. The project was advertised intermediate bank areas of the Santa i . and bids were received ;however, bids Cruz River. Phase II consists of a were rejected in the best interest of the continuation of the shared use path ' Town. Public Works Staff is in the process in Phase I from Twin Peaks to EI Rio '} of evaluating options for Project Delivery Park. Each phase is partially funded and will make a recommendation to Town under ADOT's Transportation Management during March 2005. Enhancement Program. THORNYDALE ROAD IMPROVEMENTS/ ORANGE GROVE TO CDO WASH: This Project consists of reconstructing and widening Thornydale Road to six lanes from Orange Grove to the CDO Wash along with the reconstruction/widening of the approach roads, sidewalks, curb, curb and gutter, traffic signal modifications, drainage facilities, median islands, street lighting and art work are also included as part of the Project. Estimated Construction Time: 1 st quarter of 2006 Status: The 100% Improvement Plans have been received, the Phase I Environmental Site Assessment, Cultural Resources, Drainage and Geotechnical (for traffic signal) Reports have been accepted. ', The Traffic Engineering and Access Management Reports have been accepted. HELP Loan funding has been approved. ROW acquisition and utility relocations will occur during 2005. CORTARO FARMS ROAD-UPRR TO STARGRASS DRIVE: This Project consists of reconstructing the roadway from two lanes to four lanes with a landscaped median, curb and gutter, multi-purpose lanes, sidewalks, landscaping, drainage improvements, and intersection improvements which includes a new traffic signal system at Cortaro Farms Road and Hartman Lane. An interim Project including turn lanes, a traffic signal, and a new Town of Marana waterline at the intersection of Cortaro Farms Road and Hartman Lane will be accelerated ahead of the final Project. Estimated Construction Time: Interim Project: 1 st Quarter 2005, 90 day construction period Final Project: 2nd Quarter 2005, 240 day construction period Status: Interim Project: Contract has been awarded. Notice to Proceed will be issued in March 2005. Final Project: The 100% Phase II plans have been received and review is underway by Town Staff. The Traffic Engineering Report has been accepted. Right-of-Way acquisition is in process. ~11 YCr V t't __ _.._. __.. _. -___ _-- ___-___- ___-__ CIP PROJECTS Ifrt Ct3NSTRUCTION TOWN OF MARANA MUNICIPAL COMPLEX: This Project consists of the design and construction of a new Town Government Complex and will integrate the Muniplex and surrounding facilities with the Ora Mae Harn Park which will eventually abut the Barnett Linear Greenbelt Park and Flood Control Channel that will run from I-10 to the Santa Cruz River. This linear park will also serve as a relief conduit for excess water from the Tortolita Mountain fan run off. Status: During February 2005, D.L. Withers, the CM, turned over Buildings B & C (Marana Police Department and Marana Courts respectively) to the Town. Both the Marana Courts and the Police Department have successfully transitioned into their new accommodations. The Contractors can now complete final Testing and Balancing (T&B) for HVAC Mechanical systems. Completion of minor punch list items is on-going. Tony Casella and the IT Department have moved into their new offices in Building A (Administration and Council); along with 911/Dispatch Department into Building B. Much credit goes to Tony, his IT Staff, and his subcontractors for making the move possible. In Building A, first floor, the Council Chamber has been painted and the ceiling grid installed, with HVAC; electric and controls are 90% complete, handrails have been installed in the Atrium Lobby, the public elevators are 90% complete, and the ceiling grid in the reception area is in the process of being installed. In Building A, second floor, the ceiling is complete, the flooring is 95% complete, furniture is being installed, hand railing is being installed on the balcony with pre-finished metal trim, and flooring and lighting continues. In Building A, third floor, the ceiling file is being installed, mill work is on-going, and carpet installation began at the end of the month with furniture installation to begin in March. Security, AudioNideo (A/V) Controls, data and telecom, special systems installation is on-going throughout Building A. Important milestones of Courts and MPD, 911/ Dispatch, moving into their new buildings were achieved in February. ~~. Continuous rain has produced delays for site flatwork, as well as causing delays and inconvenience with general construction. However, concrete sidewalks are being placed when possible. Rain also delayed progress of stone work and general off-site work on the roads and utilities for Grier Road, Civic Center Drive, and Marana Main Street. A model of the Project continues to be on display located in the Town Hall for viewing. ^~^•; - -~ ~' 4~ PUBLIC WORKS ~., ;.tom ,.~ ~._ . _ . _. CIP COMPLETED PROJECTS ~r..r~ s ~: ~ VOLUME 3; ~~,``°. NORTHWEST MARANA TOWN CENTER ROADS INFRASTRUCTURE. AND OFF-SITE IMPROVEMENTS• This Project will design and construct the offsite utilities, roads, landscape, and other infrastructure and establish the layout of the main Town Center corridors. Status: Civic Center Drive has been opened up from Barnett Road to the Marana Apartments and Marana Main Street. Civic Center Drive opened to the N.W. Fire Station #36 during February. Street lighting has begun on these streets and will be complete in March. Landscaping, sidewalks, and paving installation on Main Street and Civic Center Drive is progressing and will continue through March. Underground utilities on Grier Road are expected to be complete in early March, after which curbs, sidewalks, and paving on Grier Road and Civic Center Drive at Lon Adams is expected to begin and continue through early July, 2005. TOWN SEAL: ART FOR MUNICIPAL COMPLEX: The Town has commissioned local artist To Ree'Nee Wolf Keiser to produce three Town Seals in Italian glass mosaic tiles to go into the new Municipal Complex. To Ree'Nee produced designs and a completed three foot seal to present to the Building Committee and to the Mayor and Council for approval. The pictures shown herewithin are two of the Town Seals in production. These Seals will be displayed throughout the new Town Complex. To Ree'Nee is also producing a four foot diameter Seal that will go on the wall behind the Council Dais in the Council Chamber. ~`' .:::;' ~1..; E DERART`t~1E~iT~O~ ~~. ~ ~E~ ~ ~ - i5S~1~ ~~ .~.,~_r s . .~r~ ,~ m~. ~:. ~~ ..,_,=~~. ~. _ . , .. CIP COMPLETED PRC)]ECTS V i b } f iF£ ti.~ ~F 4,~ f` L, V P tr' ~.~ L.. ~ 3 L.. 4.f ~'~ F"s Y1 J C; G j .~7 PAVEMENT PRESERVATION 2000 PAVEMENT PRESERVATION COMPLETED JUNE 2000 2001 PAVEMENT PRESERVATION COMPLETED JULY 2001 2002 PAVEMENT PRESERVATION COMPLETED JUNE 2002 2003 PAVEMENT PRESERVATION COMPLETED OCTOBER 2003 2003 WADE RD OVERLAY, W OF SILVERBELL COMPLETED DECEMBER 2002 PARKS CONTINENTAL RANCH NEIGHBORHOOD PARK C.R. PARCELS 13 & 14 COMPLETED FEBRUARY 2004 SANTA CRUZ CORRIDOR TRAIL PHASE I COMPLETED APRIL 2004 COYOTE TRAILS ELEMENTARY SCHOOL PARKING AND SPORTS FIELD IMP. C0~IPLETED FEBRUARY 2003 EL RIO PARK COMPLETED DECEMBER 2003 TRANSPORTATION EMIGH ROAD, SANDARIO TO SANDERS NEW WESTBOUND CORTARO ROAD BRIDGE OVER THE SANTA CRUZ RIVER CORTARO ROAD IMPROVEMENTS, SILVERBELL TO 1-10 SANDRA ROAD BUS TURNAROUND EMIGH ROAD DRIVEWAY/DRAINAGE, AT MARANA HIGH SCHOOL CORTARO ROAD REALIGNI~~NT, 1-10 TO CERIUS STR~VENUE LINDA VISTA BLVD., EL CA~IINO DE MANANA TO 1 /4 MILE WEST OF HART~IAN ', SCENIC DRIVE IMPROVEl~~NTS TANGERINE ROAD, BREAKERS TO THORNYDALE TANGERINE ROAD PARK AND RIDE COMPLETED AUGUST 2001 C0~IPLETED MARCH 2002 COMPLETED FEBRUARY 2003 COMPLETED JUNE 2003 COMPLETED JUNE 2003 COMPLETED JULY 2003 COMPLETED APRIL 2004 C0~IPLETED JUNE 2004 COMPLETED APRIL 2004 COMPLETED SEPTEMBER 2004 $347, 400.00 $511,700.00 $1,035,900.00 $1,082,500.00 $46,700.00 $2,608,600.00 $128,700.00 $895,200.00 $213,300.00 $996,100.00 $3,165,400.00 $7,941,700.00 $17,400.00 $17,000.00 $876,700.00 $82,900.00 $279,500.00 $1,589,600.00 $305,600.00 . .} 6.,P!lBL.lC yIVORKS ~V~LUME 3, ISSUE 1 ~., ~ ,v CIP CC?MPLETED PRD]ECTS (continued} ill°.fl~fi/~~ *' G~ GOf~~LE?'EG P~~aJEC i ~ tcc~r~Eir?~~~~; TRAFFIC SIGNALS/LIGHTING TRAFFIC SIGNALS, INA/ SILVERBELL INTERSECTION COMPLETED FEBRUARY 2002 $124,000.00 COSTCO DRIVE STREET LIGHTING COMPLETED 1~IAY 2003' $41,200.00 SAFETY IMPROVEMENTS HANDICAP RAMPS AT VARIOUS LOCATIONS COMPLETED FEBRUARY 2002 $97,700.00 COACHLINE BLVD. SIDEWALKS LANDSCAPING, N/0 TWIN PEAKS COMPLETED OCTOBER 2003 $289,200.00 i ~n~~ARY~I~r,T ~~ pueL~C ~rc~~xs ~ ~ ~u~~.~,~Y~v~: ~ . TRAFFIC ENGINEERING DIVISIOI'w1 ' TRAFFIC SIGNAL at TANGERINE ROAD/ DOVE MOUNTAIN BLVD. INTERSECTION The Town is working together with a Dove Mountain developer to have a traffic signal installed at the Tangerine Road/Dove Mountain Blvd. intersection. The signal design phase has been completed and the Project is currently being advertised. It is anticipated that the signal will be in place some time this summer. SAFE ROUTES TO SCHOOL PROGRAM The Traffic Engineering Division is in the process of finalizing the Town of Marana's Safe Routes to School Pilot Program at Twin Peaks Elementary School. The Town of Marana's Safe Routes to School Programs' goal is to develop educational, engineering and enforcement tools with which to help provide safe trips for elementary and middle school students on their way to and from school. Via the Pilot Program at Twin Peaks a documented process was developed so that those immediately involved with the program (Department of Public Works' Traffic Engineering Staff, police, school administration, teachers and parents) all understand the procedures and their respective roles in the process. Town Staff will continue to work with the Safe Routes to School Committee for Twin Peaks to implement a safe routes plan and an educational campaign for the school. The Committee includes the school's Principal, the school's Police Resource Officer, the Marana Unified School District's Director of Operations, and Scott Leska of the Department of Public Works Staff. CORTARO FARMS ROAD/HARTMAN LANE INTERIM SIGNAL PROJECT -~.. L '1` ~~ -,~ !" The Town's Cortaro Farms Road Project, which will widen the road to four lanes with a raised median from the Union Pacific Rail Road tracks east to Star Grass Drive, involves two phases. During Phase I an interim traffic signal will be installed at the Cortaro Farms Road/Hartman Lane intersection, along with an eastbound left-turn lane on Cortaro Farms Road and southbound right-turn lane on Hartman Lane. This Project, which should greatly enhance the traffic safety at that location, has been advertised and awarded. Work is expected to begin within the next 30 days. The design plans for the Phase II improvements are in their final stage and should be completed by March. TRAFFIC SIGNAL at SILVERBELL ROAD-WADE ROAD INTERSECTION (completed project) A traffic signal study conducted at the Silverbell Road/Wade Road intersection found that the installation of a traffic signal is warranted at that location. The signalization will make this a much safer intersection for motorists exiting Wade Road, pedestrians crossing Silverbell Road, as well as emergency vehicles entering the intersection from the Northwest Fire/Rescue District's Station on Wade Road. The signal was activated and became fully operational on 6 January, 2005. Aribbon- cutting ceremony, sponsored by the Continental Ranch community, was held on 23 January, 2005. GRANT PROPOSAL for ACCIDENT DATABASE The Traffic Engineering Division has prepared a grant proposal to the Governor's Office of Highway Safety to request funding for the development of a traffic accident computer database. The purpose of the accident database is to provide a tool that our staff will be able to retrieve the accident information needed to effectively conduct traffic engineering studies. At this time, Department of Public Works Staff has to spend much time reviewing large numbers of individual accident reports in order to perform studies. With the database, the Department of Public Works Traffic Division will be able to quickly retrieve accident data according to date, time-of-day, location, type of accident, weather, severity of accident and other pertinent information that will greatly enhance our ability to analyze accident causes and recommend corrective measures. The sooner we can complete our studies, the sooner that traffic safety improvements can be imple- mented. DE;1~A;~T'~3F'~UB~.f~ ~11fORtCS . ' ' ~VQLtJM E 3~ iSSt~~_ 1 _. fNVIRONN1fNTAL ENGINEERING DIVISION TRES RIGS DEL NORTE: This Study is a cooperative effort between the City of Tucson Water Department, Pima County Flood Control District and the Town of Marana in conjunction with the United States Army Corps of Engineers. The purpose of this Study is to evaluate approximately an eighteen mile stretch of the Santa Cruz River from Prince Road to Sanders Road for potential projects such as habitat restoration, water supply, flood control, and recreation. STATUS: The local sponsors met February 23, 2005 to finalize the draft Recreation and Water Supply Plans. The Town of Marana is working with staff of other governmental agencies to develop the best overall plan for the Town. A 75% product is expected for the F-5 study around June 2005. The F-5 document is not expected to be 100% until the first quarter of 2006. SANTA CRUZ VALLEY NATIONAL HERITAGE AREA: The vision of a National Heritage Area designation for the Santa Cruz Valley in Southern Arizona is gaining momentum due to a convergence of local efforts to conserve natural resources and open spaces; to preserve historic structures and archaeological sites; to educate the public about the history and cultures of this region; to increase national recognition of the region; to develop heritage tourism and bring other economic benefits to local communities; and to improve cultural ties across the U.S.-Mexico border. STATUS: The Town of Marana showed support of the application and designation of the Santa Cruz Valley Heritage Area by passing Resolution No. 2003-133 at the Town Council Meeting on October 21, 2003. Preservation and development is ongoing. SCENIC DRIVE RESTORATION: Environmental Staff has met concerned citizens interested in work to restore portions of the Scenic Drive wildlife corridor. STATUS: The Environmental Division is in the scoping stages of this Project. Meetings with local residents and other interested parties have identified specific areas of concern. ARIZONA POLLUTION DISCHARGE ELIMINATION SYSTEM: This project was initiated by a federal mandate in which Arizona Department of Environmental Quality (ADEQ) was given primacy. Six minimum control measures have been defined for compliance, they are as follows: 1. Public Education and Outreach 2. Public Involvement and Participation 3. Illicit Discharge Detection and Elimination 4. Construction Site Storm Water Runoff Control 5. Control of Post-Construction Site Runoff 6. Pollution Prevention and Good Housekeeping. G~~an Wafer .~ ~. Can F+e~P~ STATUS: The Environmental Division of the Town is preparing activity packets for the MUSD school outreach in March. Grades included are 5th, 6th, and 7th. A total of between 550-570 children will attend these presentations in the month of March. We will kick-off our stormwater pollution prevention artwork contest at the same time. The first quarterly report was submitted on February 24th, along with a request for reimbursement for $14,386.34. The Town's match for this quarter was $10,271.43, mainly in personnel time spent on the Projects. The total amount was $24,657.77. We still have over $20,000.00 remaining in the grant, 95% of which is personnel salaries on the Town's side, and approximately 85% on ADEQ's side. Two staff members attended a NPDES workshop in Scottsdale on February 21st sponsored by Bentley Systems and paid for through the grant. ', Staff completed data entry of stormwater outtall information currently known into the StormView module of Cartegraph the week of February 14,2005. Jack Avis in the GIS department was very helpful in coordinating this activity. StormView will help the Town to track illicit discharge and other public concerns or problems within the Town, especially once Call Link becomes activated. ~~D~~~'fMEIN'!`~~ P3,1B1.,aC ~NQRKS ~V~~.~JM~ 3,F~~St~~rl ENVIRONMENTAL ENGINEERLNG DIVISION (con#inuedj PROPOSED MITIGATION LAND ~ BERRY ACRES LOMR: DEVELOPMENT: _ 5 This Letter of Map Revision (LOMB) will potentially f remove the majority of the Berry Acres Subdivision f The Environmental Division is currently ~ - _ developing a log and map of the existing ~'~ ` p: ~ from the Federal Emergency Management Agency and proposed mitigation lands for the Town (FEMA) floodway. The properties will remain in the of Marana. The purpose of this Project is to _,~ floodplain designated as a Zone AE, but will allow for provide information and support for the ~ development and redevelopment in the area. Bajada Environmental Resource Overlay (STATUS: ' s Habitat District (BEROD) and the Town Conservation Plan (HCP) and future ~ This LOMB is anticipated to be effective March 10, developments within the Town of Marana. i 2005. The Town of Marana is working with the Pima This map will provide information on the '~ ~ t ~ ~ County Flood Control District and affected residents maximum percent disturbance and the ~ for the acquisition of properties that are still located binding agreement that requires the ~ in the floodway. mitigation. SUNFLOWER CITIZEN'S ADVISORY COMMITTEE: Environmental Staff met with a citizen's group from the Continental Ranch area on January 27, 2005. These citizens are interested in the creation of a Citizen's Advisory Committee, along the lines of the one that the City of Tucson is now organizing. This will be a good move, as often, the municipality can get volunteers on these committees who are retired from a career with years of expertise in an area that is very useful. STATUS: This group wants to meet again, along with Pima County department of Environmental Quality-Air Quality Division, representative to discuss air quality issues in the Continental Ranch area. The group would like to see Marana become proactive in developing an Environmental Department with enforceable Town codes relating to air quality and other environmental issues including wastewater. __ TITLE 16-EFFLUENT RE-USE PLANNING: The Title 16 process began several years ago as a regional effluent re-use planning effort, which was initially coordinated by the Tucson Regional Water Council. Title 16 is a funding mechanism available through the Bureau of Reclamation that offers 50% Federal matching funds for planning and 25% Federal matching funds for construction of water infrastructure projects that meet the programs criteria. STATUS: This Project will take much of the agriculture on the south side of the river off groundwater, protect water quality in our aquifers, and provide a reliable, low-cost water supply for the agricultural economy. We will also have the backbone of anon-potable supply system on the south side of the Santa Cruz, which will be able to supply turf and exterior use if that area urbanizes in the future. We are currently working with the Bureau of Reclamation on providing water consumption estimates for parks and turf areas along the pipeline. CERTIFIED LOCAL GOVERNMENT: The Environmental Division and the Planning Department are working together on trying to organize the application for the Town to be designated as a Certified Local Government (CLG). This certification is through the State Historic Preservation Office. It requires a Cultural and Historical Preservation Board to be active in surveying and inventorying the cultural and historical resources in the Town, as well as in reviewing development issues that would affect the Town's cultural and historical features. The CLG process requires us to develop an overlay of the general areas of the Town containing cultural and historical features that should be considered for preservation during the planning review process. The features chosen by the Town to be preserved will eventually include a historic district and will establish a visual and tangible lesson on the rich history and culture of the area for future generations of residents and visitors to learn about and to appreciate. Certification under this program would offer the Town opportunities to receive grant funding for preservation projects in the Town. This Project is currently on hold due to staff workloads. .~. ,,_.. Fuca ~r~'~w.a ~. .w. - -- ---- ENVIRONMENTAL ENGINEERING ©IVISION {continued) FLOODPLAIN UPDATES: Number of Permits Processed (February): 5 Number of Flood Hazard Information Sheets Completed:l5 ` `'~ The Town has not yet received the FEMA report on the study conducted by the National Flood ' Insurance Program (NFIP) in late August. _>a °; E, `` Four Marana staff members will be attending a training class with the Pima County Flood ` .~-_ Control District on February 28 and March 1, 2005 for culvert hydraulics. `i ' EXPANDED TORTOLITA PRESERVE CONCEPT• The Town of Marana's Tortolita Preserve consists of 2400 acres. The Town of Marana is looking to expand the existing 2400 acres of Preserve land by an additional 16,200 acres. The Town has started a dialogue with the Unites States Fish and Wildlife Service, the Bureau of Land Management, and the Arizona State Land Department. This Project would benefit the residents, the environment, and potentially assist with the recovery of an endangered species STATUS: On-going coordination between Town staff and State Lands to see what is a feasible option for acquiring state land for preservation of open space. BLM CONFLICT RESOLUTION: Town of Marana is working with the Bureau of Land Management (BLM) and various stakeholders on addressing recreational shooting issues on the BLM, Forest Service and other Public lands. Status: Planning continues for the second public workshop. HABITAT CONSERVATION PLANNING• The Town of Marana's Habitat Conservation Plan (HCP) considers six species in total. There are specific strategies for four of these species. These four species include the Tucson Shovel-Nose Snake, the Ground Snake, the Cactus Ferruginous Pygmy Owl, and the Burrowing Owl. The conservation measures used in the strategies for these four species also acted as conservation measures for two additional species, the Lessier Long-Nosed Bat and Pale Townsend's Big-eared Bat. STATUS: ~ The Town is currently in the process of applying for the "year 2" grant form the Arizona Game and Fish Department. The Town is also working on a planning fair that will provide the audience with information on the Town of Marana's, the City of Tucson's, and Pima County's Habitat Conservation Plans as well as the Land Management Agencies planning efforts that are ongoing in the Tucson Basin Area. This has been scheduled for March 10, 2005. GIS is involved in the effort as well to provide maps and help facilitate the meeting. SOWN OF TOWN COUNCIL MEETING TOWN OF MARANA q `MAR N `" ; INFORMATION gkIZONa MEETING DATE: March 15, 2005 AGENDA ITEM: IX. A. 1 TO: MAYOR AND COUNCIL FROM: Keith E. Brann, P.E. Subdivision Engineer SUBJECT: Resolution No. 2005-25: Relating to Development; approving a release of assurances for Sonoran Vista and acceptance of public improvements for maintenance. DISCUSSION Approval of Resolution 2005-25 will release the Assurance Agreement between Pulte Home Corp. a Michigan Corporation under Trust No. 7924-T and Lawyers Title of Arizona, and the Town of Marana, regarding Sonoran Vista as depicted on Exhibit A. Sonoran Vista is comprised of blocks 47 & 69 of Continental Ranch. The subdivision is recorded in Book 56 of Maps and Plats, Page 21, Pima County Recorders Office, Arizona. In releasing said Assurance Agreement, the Town of Marana will accept for maintenance, including regulatory traffic control signs and street signs, approximately 0.65 miles of the following paved streets: • Opal Moon Court • Lapis Moon Lane • Turquoise Moon Way • Onyx Moon Drive • Sapphire Moon Way ATTACHMENTS • Exhibit A -Map of streets accepted • Exhibit B -Bill of Sale RECOMMENDATION Staff recommends Mayor and Council release the Assurances for Sonoran Vista and accept the public improvements for maintenance. SUGGESTED MOTION I move to adopt Resolution No. 2005-25. Release of Assurances-Sonoran Vista/KEB 03/09/2005/4:49 PM MARANA RESOLUTION N0.2005-25 RELATING TO DEVELOPMENT; APPROVING A RELEASE OF ASSURANCES FOR SONORAN VISTA AND ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR MAINTENANCE. WHEREAS, Sonoran Vista is a 17.08 acre subdivision located north and south of Coachline Boulevard and east of Silverbell Road, containing Lots 1 through 66, common areas A & B, and is recorded at the Pima County Recorder's Office in Book 56 of Maps and Plats, Page 21; and WHEREAS, the Town has previously entered into an Assurance Agreement with Pulte Home Corp., (beneficiary) under Trust No.7924-T and Lawyers Title of Arizona, (trustee), recorded at the Pima County Recorder's Office at Docket 11835, Page 1261, assuring the completion of public improvements; and WHEREAS, Pulte Home Corp., has completed the public improvements acceptable to Town standards in accordance with the Assurance Agreement for Sonoran Vista; and NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana as follows: Section 1. Sonoran Vista, Lots 1 through 66 are hereby released from the Assurance Agreement with Pulte Home Corp. under Trust No. 7924-T, and Lawyers Title of Arizona. Section 2. The Town accepts for maintenance, including maintenance of regulatory traffic control and street signs, 0.65 miles of paved streets for the following appurtenances, as depicted on Exhibit A: a. Opal Moon Court b. Lapis Moon Lane c. Turquoise Moon Way d. Onyx Moon Drive e. Sapphire Moon Way The sale of said items is set forth in Exhibit B -Bill of Sale. Page 1 of 2 Marana, Arizona Resolution No. 2005-25 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 15th day of March, 2005. ATTEST: Mayor BOBBY SUTTON, JR. Jocelyn C. 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TO HAVE AND TO HOLD the same to the Town, its successors and assigns forever; and the Seller does for himself, his heirs, executors, administrators, successors, and assigns, covenant and agree, to and with the Town, its successors and assigns, to warrant and defend the sale of the said property, goods and chattels, hereby made unto the Town, i,ts successors and assigns, against all and every person or persons whomsoever lawfully claimin~~r~`to -claim the same: ~_ ..~. TO WITNESS WHEREOF the undersigned has executed this instrument this March ,2p 03 . 25th day of PULTE HOME CORPORATION By: a,u.~~. Paula Meade, Attorney in Fact STATE OF ARIZONA COUNTY OF PIMA ss. On this, the 25th day of March , 20 03 ,before me, the undersigned officer, personally appeared Paula Meade, Attorney in Fact ,respectively, of Pulte Home Corporation a corporation, known to me to be the person(s) who subscribed the foregoing instrument, and acknowledged that they executed the same, for and on behalf of said corporation, for the purposes and considerations therein expressed. IN WITNESS WHEREOF, I have hereunto set me hand and official seal. OFFICIAL SEAL LINDA C. DANCIL NOTARY PUBIC-ARIZONA My Commission Expires: STATE OF ARIZONA Comm, Exp. Aug. 25, 200 Public ~ ss. COUNTY OF PI I, , Attorney in Fact Of Pulte Home Corporation , a corporation, hereby declare on oath that said Corporation is the sole owner of the property, set out in the within and foregoing Bill of Sale, and that said property and all thereof is clear, free, and unencumbered. WITNESS my hand this 25th day of March 20 03 by Paula Meade Attorney in Fact of Pulte Home Corporation , a corporation. My Commission Expires: OFFICIAL StH~ LIND A BL~ ~~IZONA rvoTA PIMA COUNtY Public Comm. txp. H SOWN OF TOWN COUNCIL MEETING TOWN OF MARANA v MAR NA ~ INFORMATION gRIZONp MEETING DATE: March 15, 2004 AGENDA ITEM: IX. A. 2 TO: MAYOR AND COUNCIL FROM: Frank Cassidy, Town Attorney SUBJECT: Resolution No. 2005-26: Relating to Development; authorizing the Town Manager to execute a partial release document, releasing the proposed M&I Bank site from the Real Estate Exchange and Development Agreement recorded December 19, 2003. DISCUSSION As a condition of closing the sale of the M&I Bank (the "Bank") site, First American Title Insur- ance Company is requiring Arizona Pavilions Development, Inc., to obtain a release document from the Town, releasing the Bank site from any obligations under the Real Estate Exchange and Development Agreement (the "Agreement"). Although there is nothing in the Agreement that places any particular burden on the Bank site, which is located adjacent to the Walgreen's at the intersection of Cortaro Farms and Silverbell Road, the Bank nevertheless insists that the release be executed. This proposed resolution authorizes the Town Manager to execute the release relating to the Bank site, and to execute any similar documents that may be required in the future, without the need to return to the Town Council for separate approval. RECOMMENDATION Staff recommends adoption of Resolution No. 2005-26, authorizing the Town Manager to exe- cute the partial release of the Real Estate Exchange and Development Agreement for the M&I Bank site, and any other similar documentation. ATTACHMENT(S) Partial Release of Real Estate Exchange and Development Agreement for M&I Bank SUGGESTED MOTION I move to adopt Resolution No. 2005-26. ~ooooos68.DOCi~ FJC/cds 3/3/OS MARANA RESOLUTION N0.2005-26 RELATING TO DEVELOPMENT; AUTHORIZING THE TOWN MANAGER TO EXECUTE A PARTIAL RELEASE DOCUMENT, RELEASING THE PROPOSED M&I BANK SITE FROM THE REAL ESTATE EXCHANGE AND DEVELOPMENT AGREEMENT RECORDED DECEMBER 19, 2003. WHEREAS, the Mayor and Council of the Town of Marana adopted Ordinance No. 2003.32 on December 16, 2003, authorizing the execution of a Real Estate Exchange and Development Agreement relating to the Town of Marana District Park and Continental Ranch Library site located generally east and south of the intersection of Silverbell and Cortaro Farms Roads; and WHEREAS, Arizona Pavilions Development has sold a parcel of adjacent land to the M&I Bank for the construction of a bank building and related improvements; and WHEREAS, First American Title Insurance Company is requiring Arizona Pavilions Development to obtain a release from the Town of Marana, releasing the M&I Bank site from the Real Estate Exchange and Development Agreement; and WHEREAS, it was not the intention of the Town of Marana to encumber surrounding properties retained by the developer in connection with the execution of the Real Estate Exchange and Development Agreement; and WHEREAS, the Town of Marana desires to expressly authorize the Town Manager to execute documents that facilitate the sale of surrounding private property free and clear of any apparent encumbrance resulting from the Real Estate Exchange and Development Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Town Manager is hereby authorized to execute on behalf of the Town of Marana the Partial Release of Real Estate Exchange and Development Agreement in the form attached as Exhibit A to this resolution, and to execute any other similar documentation on behalf of the Town evidencing that privately owned property surrounding the Town of Marana District Park and Continental Ranch Library site is not encumbered by the Real Estate Exchange and Development Agreement approved and executed pursuant to Town of Marana Ordinance No. 2003.32. {00000570.DOC /} - 1 - FJC/cds 3/3/05 BE IT FURTHER RESOLVED THAT the Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the aforementioned Partial Release. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 15 day of March, 2005. Mayor Bobby Sutton, Jr. ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney {00000570.DOC /} When recorded return to: PARTIAL RELEASE OF REAL ESTATE EXCHANGE AND DEVELOPMENT AGREEMENT TOWN OF MARANA, an Arizona municipal corporation, ARIZONA PAVILIONS DEVELOPMENT INC., an Arizona corporation and RANCH HOLDINGS, LLC, an Arizona limited liability company (collectively, the "Parties") entered into a Real Estate Exchange and Development Agreement recorded on December 19, 2003 in the Office of the Pima County (Arizona) Recorder in Docket 12201 commencing at page 4073 (the "Agreement"). The Parties hereby release the real property legally described in Exhibit A from the Agreement. No other real property encumbered by the Agreement is released by this instrument. C~:~ , 2005 a m~~ TOWN OF MARANA, an Arizona municipal corporation By Title RANCH HOLDINGS L.L.C., an Arizona limited liability company By Title ~u `%~:.f, 7jc~'/ ~I?--;ti lz'- ARIZONA PAVILIONS DEVELOPMENT, INC., an Arizona corporation By ~. ~;. i ~.i /. Title ~, • ~- ,-; ~ ,-~ , c , 140\12385.016\2004111617490000 STATE OF ARIZONA ) ss. County of Pima ) The foregoing instrument was acknowledged before me this 2005 by as MARANA, an Arizona municipal corporation. _ day of , of the TOWN OF Notary Public My Commission Expires: STATE OF CU /-:/~.; ~ : ,: ~ ) ,. ) ss. County of ` = ~-, T;:, ~>-~~:~ ) ~~ - The foregoing instrument was acknowledged before me this ~ ~ day of ,f ~~r;~<<;, , 2005 by ~% ~ ~~~ ~-% ~ ,f/ 5;~ ~, as ,~L; Gl~ .; l~l h~,~.; e; of RANCH HOL~DI 1GS L.L.C., an Arizona limited liability company. ---_ ~ZC~' C Notary Public My commission Expires: i, cc ~ .~coG STATE OF ~ *~`- ~'~ '!~ ~ ci: ) ) SS. ~-, County of ~ _~ ~< ~ l,~i -' ~~ ) i o. ~, :.,~.Y ._ C{OAAARA GALFI,NO Cammi~ssion ~ 1368103 r z Notary Public -California ~ ~.c~n Diega County P,4y Cmxn. Expires Aug 5, 2I,~; The foregoing instrument was acknowledged before me this / f day of ~>>; L. z , ~~ , ;~`~`c,',-%S c//ss ~~ ~, as '~ Ya/ ,,~t,~ ~ P -~ of ARIZONA ~- 2005 by ~ ~ ,/'-rz~~f;.;r: l PAVILIONS DEVELOPME ,INC., an Arizona corporation. ; /c a ' 3 Notary Public My Commission Expires: '~-~a ,' S _? c' d j;; -- f~nr;lft7i?,g!:ln!'3~:3'.~3 666_ 7 ' t~lU~^r~ f!Jt7iIC - ~$!ifpr^iA ~ San [~ic~,,o C~ ~~tiy rr "Y C;ur ~s x, T 140\12385.016\2004111617490000 No. 230-4055739 EXIIII3IT "A" PARCEL 1: CONTINENTAL RANCH PARCEL 56-57 (PORTION) THAT PORTION OF THE NORTHEAST ONE-QUARTER (NW 1/4) OF SECTION 34, TOWNSHII' 12 SOUTH, RANGE 12 EAST, GILA AND SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 34; THENCE SOUTH O1 DEGREES O1 MINUTES 00 SECONDS EAST, ALONG THE EAST LINE OF THE SAID NORTHEAST QUARTER (NE 1/4), A DISTANCE OF 592.01 FEET TO THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF CORTARO ROAD; THENCE SOUTH 33 DEGREES 30 MINUTES 07 SECONDS WEST ALONG SAID RIGHT- OF-WAY LINE, 505.26 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 56 DEGREES 29 MINUTES 53 SECONDS EAST, 201.36 FEET TO A POINT OF INTERSECTION WITH ANON-TANGENT CURVE, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 67 DEGREES 49 MINUTES 20 SECONDS WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE TO THE LEFT, HAVING A RADIUS OF 325.00 FEET, A CENTRAL ANGLE OF 07 DEGREES 28 MINUTES 40 SECONDS, FOR AN ARC LENGTH OF 42.44 FEET TO A POINT OF TANGENCY; THENCE SOUTH 14 DEGREES 42 MINUTES 00 SECONDS WEST, 137.81 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE NORTHWEST; THENCE SOUTHWESTERLY ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 275.00 FEET, A CENTRAL ANGLE OF 04 DEGREES 21 MINUTES 35 SECONDS, FOR AN ARC LENGTH OF 20.93 FEET TO A POINT OF INTERSECTION WITH THE EASTERLY LINE OF A PARCEL RECORDED IN DOCKET 11096, PAGE 770; THENCE NORTH 56 DEGREES 29 MINUTES 53 SECONDS WEST, ALONG SAID LINE A DISTANCE OF 262.77 FEET TO THE MOST NORTHERLY CORNER THEREOF; SAID CORNER BEING ON THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF CORTARO ROAD; THENCE NORTH 33 DEGREES 30 MINUTES 07 SECONDS EAST, ALONG SAID RIGHT- OF-WAY LINE, A DISTANCE OF 191.43 FEET TO THE POINT OF BEGINNING. No. 230-4055739 PARCEL 2: NON-EXCLUSNE CROSS-EASEMENT OF INGRESS AND EGRESS OF VEHICULAR AND PEDESTRIAN TRAFFIC, FOR THE PURPOSE OF ACCESS TO SILVERBELL ROAD AND CORTARO ROAD, OVER DESIGNATED AREAS, AS SET FORTH IN THE RECIPROCAL ACCESS AGREEMENT RECORDED IN DOCKET 10930, PAGE 3074. MEETING MARANA I-lO INFORMATION COMMUNITY FACILITIES DISTRICT MEETING DATE: March 15, 2005 AGENDA ITEM: IX. B. 1 TO: CHAIRMAN AND MEMBERS FROM: Frank Cassidy, Town Attorney SUBJECT: Marana I-10 Community Facilities District Resolution No. 2005- 01: A Resolution of the District Board of the Marana I-10 Com- munity Facilities District dissolving such Community Facilities District pursuant to A.R.S. Section 48-701 et seq. DISCUSSION The Marana I-10 Community Facilities District was created by the Town on May 16, 1989. Since that time, no substantial activity has occurred, and the CFD has incurred no outstanding, enforceable financial obligations. Although certain engineering fees were allegedly incurred by the engineering firm of Cheyne Owen, Town staff for various reasons believes that Cheyne Owen has no valid and enforceable claim for payment of the fees. The Town is in the process of considering the creation of the Vanderbilt Farms Community Fa- cilities District, which partially overlaps the area of the Marana I-10 Community Facilities Dis- trict. To avoid future confusion, Town staff is bringing this Resolution to dissolve the Marana I- 10 Community Facilities District at this time. RECOMMENDATION Staff recommends dissolving the Marana I-10 Community Facilities District. SUGGESTED MOTION I move to adopt Marana I-10 Community Facilities District Resolution No. 2005-01. fooooosBa.DOC i~ FJC/cds MARANA I-10 COMMUNITY FACILITIES DISTRICT RESOLUTION N0.2005-01 A RESOLUTION OF THE DISTRICT BOARD OF THE MARANA I-10 COMMUNITY FA- CILITIES DISTRICT DISSOLVING SUCH COMMUNITY FACILITIES DISTRICT PUR- SUANT TO A.R.S. SECTION 48-701 ET SEQ. WHEREAS, pursuant to A.R.S. Section 48-701 et seq. (the "Act"), the Town of Marana (the "Town") is authorized to form a community facilities district, as described in the Act; and WHEREAS, on May 16, 1989, owners of real property, all of which real property lies wholly within the corporate boundaries of the Town, presented to the Council of the Town (the "Council") a petition seeking adoption of a Resolution declaring the intent of the Council to form a community facilities district; and WHEREAS, the Council found that the said petition had been properly executed by the owners of 100% of the property proposed to be included within such district and that the public convenience and necessity required the adoption of Resolution No. 89-16 to form such district and adopted such Resolution on June 17, 1989, such Resolution (1) resolving, among other things, that the area to be included within such district was described on Exhibit A to this Resolution and such district and the boundaries thereof, as the same were intended to be formed, were depicted on Exhibit B to this Resolution and (2) ordering, among other things, that such district, to be known as the Marana I-10 Community Facilities District, be formed and that the property to be included within such district was described on the map attached hereto and marked as Exhibit B, and in the legal description attached hereto and marked as Exhibit A; and WHEREAS, the Act provides (1) that such district may be dissolved by a resolu- tion of the District Board as such district (the "Board") if the Council has assumed all of the ob- ligations of such district (of which the Board hereby finds there are none) and (2) that the Board shall dissolve such district if the Council consents to comply with such condition and determines such district has been inactive for at least five consecutive years and has no future purpose; and WHEREAS, by a resolution adopted on the same date as this Resolution, the Council assumed, to the extent not otherwise prohibited by applicable law, such obligations and determined that the District has been inactive as such and has no future purpose. {00000584.DOC /} NOW, THEREFORE, BE IT RESOLVED, by the District Board of the Marana I- 10 Community Facilities District, that the District is hereby dissolved for all purposes upon the date of adoption of this Resolution. PASSED AND ADOPTED by the District Board of the Marana I-10 Community Facilities District this 15th day of March, 2005. ATTEST: District Clerk APPROVED AS TO FORM: District Attorney ATTACHMENTS: Chairman Exhibit A -Legal Description of District Boundaries Exhibit B -Depiction of District Boundaries {ooooossa.DOC /} -2- FJC/cds 3/7/05 EASTERlJ MARANA ~3i4tdUNi'TY FACILITIES IMPROVEb1E1lT pISTi;ICT PRELFMINARY pISTRICT BOUtlnARY bESCRIPTION AS 4F MAY 9, 19ti9 Portions of Sections 6,7,8,16,17,21,~~,~5,26,27,28 and 36, Township 11 South, Range 11 Eaat, Sectlon 31, Township 11 South, Range iZ East, Section 6, Township 12 Soutn, Range 12 Esst snd Section 1, Township 12 South, Range 11 East, ~~f13 and Salt Rlver Sasa and Meridian, Pima County, Arizona, more Jsarticulnrly described as follows; Parcel l: BEGINNING at the southeast ,action c~rnor of Section B, Township it South, Range lI East; said carnet also being the northwest corn~sr of Section 16, Township i• South, Range 11 East; THENCE er3terly along the north ling: of said erection 16, to the northeast corner of said Sect i ~-n t 6; THENCE southerly along the east line of said Section 16, to the southeast corner of said Secttnn 16, said carer also being the northwest corner of Section ~», Township it South, Range li Cast; THENCE e«~terly along the north line of said Section 22, to the northeast carnar of said Section 33; .__ THENCE southerly along the asst lino of said Section 22, to the southeast corner of said Section ~2, said corner also being the northwest carnet of Section 36, Township li South, Range it East; THENCE easterly along the north line of said Section 26, to the northeast corner of said Section 26; THENCE continuing easterly along the north line of Section 25, Township 11 South. Runge 11 East to the northeast corner. of .-. Parcel 2C which lies on said north line of Section 25 as shown in the Pima County Assessor's Map, 1988-1;. TEiEiSCE southiastr:rly along the easterly line of said Parcel 2C, and the easterly line of Parcels lE, iH and IF as shown on said Assessor's map, to the southeast carnet of said Parcel iF, which point lies on thQ narttt line of Section 36, Township 11 South, Range 11 East; 2 T~~ortllaastycornr_r of aS coon 136 ,. rWn h p 11 Snuth3b Aangetll k:ast ; ~~ southerly atone the east line of said Sect'.on 36, to the northwest corner of the south on~~~ti11f (S 1/2) of Section 31, Tc,rnship 11 South, Range 12 Eact; THEN of ~ectian 3i~nto the northeiasto orner of haosaid south one} half {S 1/2); THENCcornerhof 1°a cel 3B ast shown on said A3sessor~ s mapso1988a1~ THEf7CE westerl}• along south line of said Parcel 3b to the intersec+.ion with the west line of they southeast one-quarter {SE 1/4) of Section 31, Township it South, Range 12 East; THENCE southerly along said guest line a[ the southeast one-quaLtar (SE 1/~t) of Section 3l, Tawnshtp i'_ South Range 1Z E3st to the intersection with the earth tine of Tangerine Road right- of-way; THENCE westerly along north line of Tangerine Read right-of-way to the intersection of the north lino of the 5cvthern Pacific Railroad {SPttR) right-of-way;. THENCE northweskc~ly along the c harly line of the SPRR right- of-way through Soction 31, To.n::tilp 11 South, Range 12 East, Section 36, Soction 25, Section 3b, Section Z7, Section 22, gection Zl. Section 16, Section 17 and Section 8, all In Township I1 South, Range li East, t•n the intersection with the west line of Section 8, Township I1 South, Range ii East; THENCE northerly along Bald west l:nn of Section 8 to the northwest corner of Section 8, Township ii South, Rags 11 Last; THENCE easterly along north line of section 6 to the northeast corner of the northwest one-quarter (NW 1l4) of 8ectioa S, Township 11 South, Range li East; THENCE southerly along the east line of said northwest one-quarter (NW 1/4) to the north line of Parcel 4$, as shown on said Assns^,ar's Mr~p, of Section 8. Township 11 South, Range li Bast; THENCE easterly along paid north line of Parcel 4B as shown on said Assessor's ltap, to the northeast corner of the northwest one- quarter {Nw 1~4) of the southeast one-quarter {St: 1/4) of Section 8, Township it south, Range 11 East; • THENCE s~uthe:Iy along she east line ~f the northwest ane-quarter (NW i/4 ai t}ye get+theast nor-c}unrter (SC 1/4) to the southeast comer of the northwest nrte-quarter ;Nw 1/4y of the southeast one-quarter (5C ]/A) of Section 8. Township 11, South, flange it East; TP~NCE eas*_erly alan.~ the north line of the southeast ono-quarter (SC 1/4 ) of t1.n ~oukhea3+~ nn~'-quarter (SE 1/4 ~ to ,. the northeast cos+~uazters(SE 1/4 )t. Section 8s Township411 South southeast one-q Range it East; TIIENCE southerly along the east lint: of the southeast ono-quarter (SE 1/4 ~ of the southeast ^.ne-c}uarter (SE 1/4 ) to the True Point of ~3eginning being the southeast sertian corner of Section s, Township 11 South. F:ange 11 East. ALSO Parcal~ 2: 3EGINNINC on a point on the north llrr7 of Section 27, Township 11 South, Range 11 East which lies a distance of 497.] more or les3 feet east of the northwest corner of said Section 27; THExGE easterly along said north line to the northeast corner of the northwest one-qunrter (NW i/.t} of said section 27; THENCE southerly 2b: +.73 feet more or lr::~ to the northwest corner of th. southease ane-quarter (SE lIa) of safd Seetioa 27; T]~F.~(CE easterly along the north 1(ne of said southeast ons- qunrter(SE i/A~ to the northeast corner of said southeast ona- quartnr (SE 2/4), Sectio-i 27. Township 11 South, Range li East; THENCE northerly along the east line of saiC Section 27, to the intersection with the southerly line of the right-of-aay of the Casa Grande Highway; TH.•.Nt~ southsasterl} along said southerly line of the Casa Grande Highway right-of-way to the intersection with the south line of Section 26, Township 1] South. Range ii Esst; THENCi westerly slong said south line of Section 26, and the south lino f said Section 27, to the southwest corner of :action Z7, T:~wnship 11 South, Range 11 East; THENCE westerly along the south lino o£ section 28 to the satithwest corner of r.he southeast ens-quarter (SE i/4} of section ~d, Township 11 South, Range lI East; .' . TRENCESE 1% 1 lytot talc tno thwanti cnrn~ r~~ nE ssaide nauthaast none= quarter (SE 1/41: THENCE easter3y a!nn9 the north lino of said southeast one-quarter (3E 1/41 tc the wc9t lino oC Section 27, Township it South, Range 11 Esst; THENCBNy,-ai/~ 11of said Section 27 ~ d~ d 1 t nice of 497 3t feet more or 1RSS; THENCE northerly along a lino parallel with and x97.3 Eeet east of the west line of said section 27, Township 12 South, Range li East, to the TAUS: POINT nr IiE~Itttt,M~.. ~-rsa Pa~:cel 3 HF~INNIKG at the southwest corner of Section 36, Township ii South, Ranee it East; 'rHLNCinterstietion awith tthe wsoutherl yo 1 ineido~e theonCase Crande Highway righk-of-way; THENCE southeasterly along said southerly line of the Caaa Grande ofggecziong36,oTOwnshig 11eSouthrsRangenlltEasthe south line THENCE westerly along said south Line to the southwest corner of said section 36, Township i1 south, Range it East; which is the TRUE POINT OF HECINNZNG. 4 f EXCLUSIOH~ FOR PARCEi.a !. 3 ANII 3: Parcels lying withtn tho Improv~~tm~nt Dlstrtct bnundurios that are excludod: 21727oo2F ?1733002D ~~21755011n 217437030 217430'1I~ 217270E 3t: 21727oJ.~ 217Z8001A 217290018 217290:-1C 21729001D 217290026 :1734002°: 21734002E z173aoo3a 217]51590 Unttad States of America RFM III Utt! tad States of Amr~r t~•:~ Cortaro-Marana Irrin.~tion District McEll annon M+-nster Roal Estate t n~ . U.S. Fiduciary Carp. Gene Anderson Odgers Marana Investments Carham Quan Msrana Estates, a21 lots Caasoctation of the Ideal Life Church Cflnsociation of the Ideal Life Church tiara Adonis Mabile Home Lots 1-153 Adonis Mabile Home Subdivision Association S6c. 22, 7113, Rilffi Sec. 21. 7113, R11ffi Sac. 7b, 7113, 811E Sec. 28, T11S. R12E Sec. 28, T11S, 811E Sec. 22, 7113, Rllt; Soc. 22. Ti19, RilE SeC. 2Z, 7119, R11E See. 2~. T11S, RilE Sac. 22. T11g, Ailt» Sec. 22. 7113, R11E Ssc. 2't, 7118, R11E See. 2?. 7113, RIlE Sec. tb, T11S, Rilt: Sec. 26. 7115. R11E Sac. 26. T1'S, R11E Svc. 26, 'issg, 811E SBC. 26, 7113, RilE Excluding z~ll dedicated property such as rands, aasorne~ts sad draiaagewnys• parcels 1, ~ nod 3 containing 3.511.65 acres morn or less. 5 _. _ ~~' PARCEL ~t That part or iho Northwo3t ono-qunrt~rr tHw l/d) ° ~a C ~NOt/21 Township 12 South. Rangy 12 Eest, and tho tiorrh :rc .. of 5ectio~y~idtazrht'ima County, Art,-~n s.F~bQtnq more particularly Baas and deatriba•i as follows: BE;ZNNtNG dt tho rorthwe•st Carper o!• ::.et~l Svctl~n 6; THENCE SOn•03'26"E al~n~ th+• west 11pQ of said northwest ane- pointoont tho /soutiwa torly r4grt~+ n tAway line7of6tnte-t'state Highway No. 10; THENCE 577.30'54"E along said southwesterly right-of-way line 154.05 foot; THENCE.S49.49'05= cc•ntint+tng along :;aid southwesterly right-of-way line 300.00 fa~~t; THENCE 556.05'43"E continuing along s.Yid southwesterly right•-of- way line .1728.56 feet; THE3!1CE 3t9•a9'05"E continuing along aatd southwesterly right-oi- wt~• line 113.04 Poet to n p~.~Tt of curvature o a tangent eu:.e concave southwesterly; THENCE saoutheasterly eontinuing along said southwesterly right-ei- ~;ay line and along the arc of said curve, to the right, ha~viltq a radius of 22.708.12 feot and ++ central angle ~ 02.05'55" for an arc distance of 831.79 fQet to a point of noa-tangency on the east line of said northwest oro-quarter tNM- 1/4) of Section 6; THENCE S00.14'41"E along said east line 80,00 test; THENCE N78'39'07"W 743.92 feet; ~~~[ way0ltne"of tha5 Central Arizona Pro~acthTucsodeAqusductt- THENCE Si0.16'4~i"Mt along said easter)y right-of-way line 185.71 feat; TkENC>8 S00'LB'14"C continuing along sai•: easterly right-of-way lido 1,218.22 feet to a point on the youth line of said northwest one-quarter lAtw 1141 of Section 6: THENCE 589.51'55"W along said south line 374.75 feet to the aeSt one-r)uarter ~w 1/43 earnwr of acid Seetian !: 6 .~ THENCE g89.48'S7"W along the south line of said north one-half (N 1/2) of Suction 2 a distance of 1.319.36 feat to a point on one-quartorn(NE 1/41 of aid E ctl n ~'1/2) of the northeast THENCE NOC•08'27"W along sat~j work Gino 1,708.69 feet; THENCEorth• 300.00 feet 8of L tho na thQ ` t one~c;uarterh (NB 1/< y tof geld goction 1: THt'.NCE e8we5t'1 ine f the northeast one qu+lrtar5 (NE i/4 ) ofpSaction th 1; THENCE 589'51'27"W along the south line of the north 300.00 feet of the northwest ane-quarter iNw i/4) of said Hection 1 a distance of 1.121.08 feet to a point on the west lino of the east one-half (E i/Z) of said northwest one-quarter (NW 1/4) of Section 1: THENCLhNeOf~ rth02inelof said northwest 2one~quartart(NW 1/i) o! Section 1; THENCffi~ aquarter"~N 1/d corner of said Siction6 act to the north THENCE NB9.5i'1!"E along the north lino of the northeast orie- quarter (NE 1/4~ of said SeetLon i n distance of 2,646.10 feet to the FOiNT OF BEGI!lNZNC; EXCEPT any part thereof lying within tha right•of-way of the Central Arizona Project Tucson Aqueduct. SUBJECT to existing easements and riyhc-of-ways. 149.890 acres more or less Gross 5 acres more or less Central Ariza . 25 acres mono or ess Ke PARCEL 5 A portion of Township ii South, Range ii East, Cila and Batt Rivsr Sane and i4eridien, Pima Covnty, Arizona, described as Follows: ~-11 of Section 6, lying south of the Pima-Pin.~l County line and a+l of that portion of the north half (N 1/2) of Section 7 lying east of the westerly right-of-way line of the Casa Grande-Tucaou interstate Highway. 7 .' EXCLUSIONS: 21?060011 Pioneer Trust of Arizona Hacienda Land Tnc. 6 E1 Micado: 217060020 217060030 Southern Pacific Transportation Co. 217060040 Southern Pacific Transportation Co. 21707001II Thomas 6 Lillian Wong Hacienda Land 6 G1 Miradar .. 21707003A 217070038 Hacienda i.and 4 El Miradar 217070048 JMK Ranches Inc. 217G7004C Kai Trust ~ John Kai Jr. 21707004D Kai Trust G John Kai Jr. Casa Crande-Tucson =ntarstate Right-of-Way Farcal 5 containing 28.67 acres more or less. Total of Parcels 1-5 is 3,920.94 acres more or less. 8 - - .: 1 C n ~pWN OF TOWN COUNCIL MEETING TOWN OF MARANA q MARANA ~ INFORMATION gRIZONP MEETING DATE: March 15, 2005 AGENDA ITEM: IX. C. 1 TO: MAYOR AND COUNCIL FROM: Frank Cassidy, Town Attorney SUBJECT: Resolution No. 2005-32: A Resolution of the Town Council of the Town of Marana determining that the Marana I-10 Community Facilities District has been inactive for at least five years and has no future purpose and assuming, to the extent not otherwise pro- hibited by applicable law, all of the obligations of the Marana I-10 Community Facilities District, all pursuant to A.R.S. Section 48- 701 et seq. DISCUSSION The Marana I-10 Community Facilities District was created by the Town on May 16, 1989. Since that time, no substantial activity has occurred, and the CFD has incurred no outstanding, enforceable financial obligations. Although certain engineering fees were allegedly incurred by the engineering firm of Cheyne Owen, Town staff for various reasons believes that Cheyne Owen has no valid and enforceable claim for payment of the fees. The Town is in the process of considering the creation of the Vanderbilt Farms Community Fa- cilities District, which partially overlaps the area of the Marana I-10 Community Facilities Dis- trict. To avoid future confusion, Town staff is bringing this Resolution to dissolve the Marana I- l OCommunity Facilities District at this time. RECOMMENDATION Staff recommends adoption of Resolution No. 2005-31, making the findings necessary for the Board of Directors of the Marana I-10 Community Facilities District to adopt a resolution dis- solving the District. SUGGESTED MOTION I move to adopt Resolution No. 2005-31. fooooosso.DOC i~ FJC/cds 3/7/05 MARANA RESOLUTION N0.2005-31 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF MARANA DETERMINING THAT THE MARANA I-10 COMMUNITY FACILITIES DISTRICT HAS BEEN INACTIVE FOR AT LEAST FIVE YEARS AND HAS NO FUTURE PURPOSE AND ASSUMING, TO THE EXTENT NOT OTHERWISE PROHIBITED BY APPLICABLE LAW, ALL OF THE OBLIGATIONS OF THE MARANA I-10 COMMUNITY FACILITIES DISTRICT, ALL PURSUANT TO A.R.S. SECTION 48-701 ET SEQ. WHEREAS, pursuant to A.R.S. Section 48-701 et seq. (the "Act"), the Town of Marana (the "Town") is authorized to form a community facilities district, as described in the Act; and WHEREAS, on May 16, 1989, owners of real property, all of which real property lies wholly within the corporate boundaries of the Town, presented to the Council of the Town (the "Council") a petition seeking adoption of a Resolution declaring the intent of the Council to form a community facilities district; and WHEREAS, the Council found that the said petition had been properly executed by the owners of 100% of the property proposed to be included within such district and that the public convenience and necessity required the adoption of Resolution No. 89-16 to form such district and adopted such Resolution on June 17, 1989, such Resolution (1) resolving, among other things, that the area to be included within such district was described on Exhibit A to such Resolution and such district and the boundaries thereof, as the same were intended to be formed, were depicted on Exhibit B to such Resolution and (2) ordering, among other things, that such district, to be known as the Marana I-10 Community Facilities District, be formed and that the property to be included within such district was described on the map attached thereto and marked as Exhibit B, and in the legal description attached thereto and marked as Exhibit A; and WHEREAS, the Act provides (1) that such district may be dissolved by a resolution of the District Board of such district (the "Board") if the Council has assumed all of the obligations of such district (of which the Board has found there are none) and (2) that the Board shall dissolve such district if the Council consents to comply with such condition and determines such district has been inactive for at least five consecutive years and has no future purpose; and WHEREAS, the Council hereby determines that such district has been inactive for at least five consecutive years and has no future purpose. {oooooss3.DOC i} FJC/cds 3/7/05 NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Marana, that the Council hereby assumes, to the extent not otherwise prohibited by applicable law, all of the obligations of the Marana I-10 Community Facilities District upon the date of adoption of this Resolution. PASSED AND ADOPTED by the Town Council of the Town of Marana this 15~' day of March, 2005. Mayor Bobby Sutton, Jr. ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney ATTACHMENTS: Exhibit A -Legal Description of District Boundaries Exhibit B -Depiction of District Boundaries {ooooosas.DOC i} -2- FJC/cds 3/7/05 ~' ~X~11817 A-~ EASTER?t MARANA n~iatdUNi'TY FACILITIES IMPROVEMEtIT DISTRICT PRELfMINARY DISTRICT SOUt1nARY DESCRIPTION AS OF MAY 9. 1949 Portions ai: Sections fi,7,8,1fi,17,21,~~,25.2b,27,28 and 36, Township 11 South, Range 11 East, Section il, Township 11 South, Range 12 East, Section 6. Tawns;~ip 12 Soutn, R~~nge 12 Eost and Section 1, Township 12 South, Range 11 East. c;i to sn~i Salt River Base and Meridian. Pima County. Ari:.ona, mare ~Sarticularly described as follows: Parcel 1: SEGZNNING at the southeast nectian cnrnc~r of Section B, Township I1 South. Range li East; said cnrncr also being the northwest corner of Section 16, Township 1' South, Range li East; THENCE easterly ~slong the north itn~: of said ~ortian 16, to the northeast corner of paid Section ~6; THENCE southerly along the east lino of said Section 16, to the southeast corner of said Secttan 16, said corner also being the northwest corner of Section ~~, Township 11 South, Range li Cast; THENCE e«~ter~y along the north line of said Section Z2, to the northeast corner of said Section 32; ._: THENCE southerly along the oast ling of said Section 22, to the southeast corner of said Section 22, said corner also bring the northwest corner of Section 36, Township li South, Range it East; THENCE easterly along the north line of said Section 26, to the r~orthAast corner of said Section 26; THENCE continuing easterly along the nocth line of Ssction~ 25, Township li South. Range 11 East to the northeast cotner.of Parcel 2C which lies on said north line of SeetJon 25 as shown in the Pima County Assessor's Map. 1988-i;• THENCE south~astF:rly along the easterly line of said Parcel 2C, and the easterly line of Parcels iE, 2H and iF as shown on said Assessor's map, to the southeast carnet of said Parcel iF, which point lies on the north line of Section 36, To~rnship ii South, Range 11 East; 1 •' THENCE easterly alo.,a thr~ north ling:,°~n hid it Snuth36Ranoetll northeast corner of Section 36, p g East; T~Cg s~citherly clang the east line of said Sact'_on 36, to the northwest corner of the south an~~~ti~ztf (S i/2) of Section 31, Tcaa~hip 11 South, Range 12 Ea:.t; THENCE easterly along the north line of said south one-half (S 1/2) of ~ectian 3I, to the northeast corner of the said south one- half (S 1/2); THBN~E southerly along east line of Section 31 to the southeast corner of parcel 3B as shown on said Assessor's map, 1988-1; THENCE westerl}• along. south line at said Parcel 3B to the intersection with the west line of the southeast one-quarter (5E 1/a) of Section 31. Township 11 South. Range 12 East; THENCE southerly along said west line of the southeast one-quarter (5E 1/a~ of Section 3t, Township it South Range 12 East to the intersection with the north ltne of Tangerine Road right- of-way; -. THENCE westerly along north line of Tangerine Road right-of-way to the intersection of the north lino of the 5cuthern Pacific Railroad (SPftR) right-of-way;. THENCE northwesterly along the i harly line of the SPRR right- of-way through Suction 31, T~.n~ttig 11 South, Range 12 East, Section 36, Section 25, Section 26, Section 27, Section 22, gection 21, Section 16, Section 17 and Section 6, all in Township 11 South, Range 12 Ersst. t•~ the intersection with the west line of section 0, Township 11 South, Range 11 East; THENCE northerly along ~a1d west l:na of section a to the aarthwest corner of Section 8, Township li South, Raga 11 East; THENCE easterly along north line of Section 8 to the northeast career of the northwest one-quartPC {NW 1/4) cf Section 8, Township 11 South, Range it East; THENCE southerly along the east line of said northwest one-quarter {NW 1/a) to the north line of Parcel 48, as shaven on said Assessor's Mtip, of Section 8, Township it South. Range 11 East; THENCE easterly aionq paid north line of Parcel 4B as shown on said Assessor's lisp, to the northeast carnet of the northwest one- quarter (Nw 1/4) of the southeast one-quarter (SB 1/4) of Section 8, Township ii South, Ranee it East: 2 . • ,. THENCE s~uthe_Iy along she east ltnc ~f rho northwest one-quarter (t~cw 1/a ai the sa-~theast nnf~-quarter (sE 1!4) to the southeast comer of the northwest nne-quarter {NW 1/4 } of the southeast ono-quarter (SE Il4~ flf Suction 8. Township 11. South, Range 11 East; TFIENCE ens*_erly alan~~ the north line of the southeast one-quarter (SE i/4 ) of t1.n ~outhea3+' nttr_-quarter (SG 1/4 } to .. the northeast corner of southe--yt nne-quarter {SE 1/4} of the southeast one-quarter {SE 1/4), Section S. Township 11 South, Range 11 East; THENCE southerly along thrs east lin-: of the southeast ono-quarter {SE i/4 ) of the southeast ^.ne-qu:~rter. (SE 1/4 ) to the True Poinr of Aeginning being the southeast section corner of Sactian 8, Township 11 South. f:ange 11 East. ALSO Parcel 2: 3EGINNING an a paint on the north llr.~~ of Section 27, Township li South, Range it East which lies a distance of 497.1 more or less feet east of the northwest corner of said Section 27; THENCE e~-cterly along said north line to the northeast earner of the narthweaF one-quarter (NW 114} of said Section 27; THE.vCE southerly 26: x.73 feet more or lc•::s to the northwest corner of th. southease one-quarter {sc i/a) of safd Section 27; TitENCE ~-asterly along the north 1Sne of said southeast ens- quarter(S8 i/4) to the northeast corner of said southeast ons- quartflr (SE 2/4), Sectio-i 27. Township 11 South, Range 11 East; THENCE northerly along the east line of said Section 27, to the intersection with the southerly line of the right-of-nay of the Casa Grande Highway; Tli*.Nt~ southeasterl} along said southerly 11ne of the Case Graa3s ~; Highway right-of-way to the intersection with the south lint of Section 26, Township it South. Range 11 East; THENC,S westerly along said south line of Section 26, and the south lino F said Section I7, to the Southwest Corner of :sction 27, Township 11 South, Range 11 East; THENCE westerly along the south line of section 28 to the sorithwest corner of the southeast onE-quarter (SE i/4) of section 2d, Townchtp 11 South, Range it East; _I t i~~~.-~~ THENCE northerly along the west l.inrr of a:~id southeast ens-quarter ~5E 1/41, to t1~e no-thwest cnrn~~r of said southeast one- quarter (SE I/4~; THEN easterly along the north lines of oaid southeast one-quarter (3E 1/41 to the west lino of Section 27, Tow:tshi}~ II South, Range li East; THENCE easterly along the South line ut' the northwest one-quartet (NW i/4~ of said Section 27, a dtotnnce of 497.3 feet more or less; THENCE northerly along a lino parallel with and 497.3 Eeet east of the west line of said section 27, Township 11 South. Range li East, to the TRUts POINT nr' dEr,Itttt;N~;. ALSt3 Pa~:cel 3 BF~INNiNG at the southwest corner of Section 36, Township lI South, Range it East; 'THENCE northerly along the worst Iine of said Section 3b, to the intersection with the southerly line of the Casa Grande Highway right-of-way; THENCE southeasterly along said southerly line of the Caaa Grande Bighway right-of-way to ti:s intersection with the south line of gsctian 36, Township li South, Range i! East; Tti3EriCL" westerly along said south Line to the southwest corner of said Seetioa 36, Township l1 8outh, Range ii East; which is the TRUE POINT OF BECINNFNG. 4 i EXCLUSION:'s FOR PARCEi.S 1. 3 ANC 3: Parccla lying within tho Improv~~tn~!nt D:ntcict bnund~clcs that ara excludod: 21727002E United States tsf Amertc~ 21733002D REM III ~~ 21755011A Ua1 ted States of Amr-r }~•n 21T43303D Cortaro-Marano Irr}nation Di9trlct 217430714 McEllsnnon 2172706 3E M+~nster Roal Estate t ctc: . 217270J~~ V.S. Fiduciary Corg. 21728001A Gene Anderson 217290018 Odgers 217294D1C Marano Invastmants 21290020 Gorham 217290028 Quan MzrAtla Estates. all lots :1734002E CansocintioR of the Idaa1 .Lilo Church 2173400.6 Consociation of tha Zdoal Life Church 217740030 Ftum Adonis Mobile Homy tots 1-157 217751590 Adonis Mobiia Home gubdiv}lion Asaociakion SbC. 22, T113, 811E Sec. 21, T119, Rlig Sec. 76. T11S, AilE sec. 2a. T119, RilE Sec. 28, Ti1S, R11E Sec. 22, T11S, 811E SaC. 22, TI19, R11E SeC. 2't, T11S, R11E Sec. 2:. T11S, RILE Sec. 22. T11S, AllE Sac. 22, T113, R11E SeC. 2't, TL1$, RIlE Sac. 2:, T119, R11E Sec. tb, Til9, 811E Sec. 26, T115, R11E Sac. 26, T1•S, R11E Suc. 26, 'Iris. 811E Sac. 2b, T11S, R11E Excluding uIl dedicated praparry such as roads, eaaoma~ts and draiaagaways. Portals 1, ~ sad 3 containing 3,517.65 acres more or lass. 5' PARCEL ~ That part of sho Kocthwost one-qunrt.ur (ttw 1/4) of Section 6, Township 12 South, Range 12 East. enrl the [forth .rc :;a1C (N J/2~ of Section t. TownohlP 13 3a:+t ti, ranr~~• ~t t:nst. Gtta .end Salt Rlvnr ease and -.,yridiaa, Asa-a County, Arf znn.e, bQlnq more particularly destribo•i as follows: BE;INNtKC at tho r:nrthwc~: t corner of ::.~i~l°>ecti ~R b; THENCE SOn•03'2b"E alzn; th.• west lira of said northwest one- quarter tNW 1/.t) of Soct.ian 6 a +Itatanca of 47.16 feat to a point on rho so4tF~wostcrly right-~~'-way line of Yntecstate Highaay No. t0: THENCE' 577.30'54"E aio~i7 said southwesterly right-of-way line 154.CS feat: Tf{ENCE.t34g•49'OSE -antin~+ing slang satd couthwestarly right-of-way line 300.00 fQ•~t; THENCE 556.05}43"!+ continuiny along s.Ytd southwesterly right~•of- way line ,1728.56 feet; THENCE 349.49'05"E continuing along said couthwestorly right-of- wt~• line 113.00 foes to a pc+-~it of curvature o a tangent cu;.e concavo southwesterly; THENCE s~ot;theaste>`ly continuing along said southwesterly right-of- ~;ay line and along the arc of said curve, to the ri~ht, having n radius of 22,708.32 feat and +s central angle ~ 02.05'55" for an act distance of 871.79 feet to a point of r~on-tangeclcy on the east line of said northwest ora-quarter t~ i/4~ of Section 6; THENCE 500.14'41"E slang said asst ling 80.00 feat; T'HEHCa N78'39'07"W 743.92 feat; THENCE NSb•OS'43"W 1,335.78 fast to a~paint on the easterly rigt~t- of-way lrne of the Central Arizona Project Tucson Aqueduct; THENCE S40.16'4<,"W .:i.,nq said easterly right-ot;-way line 185.71 feet; THENCE 800•LB'14"E continuing along sa/:easterly right-of-way line 1.218.22 feet to a point on the youth line of said northwest ane-nuarter {tsw i14~ of Section t;; THENCE 389.51'55"W along said south line 374.75 feet t0 the west one-rluarter (W 1/<j corner of std section 6; 6 THENCE S89.48'S7"W along the south llnQ of said north one-half {N 1121 of Section i a distance of 1,319.36 feat to a point op onc-quartern(NE 1/41 of said S ctl n B ;1/2~ of the northeast THENCE N00'08'27"w along sa~•1 west lino 1.708.69 feet; THENCEarth• 3fl0.00 feet eof L the na the t t onetquarterh { NE 1/< } taf said Soctlon 1: THENCtheBwsst,ltne o! the northea t ana qu+tctar6{NE 1I4y ofpSaction 1; THENCE S89'51'27"W along Ehe south line of the north 300.00 feet of the northwest one-quarter {NW i/4~ of said section 1 a distance oi= I,321.08 feat to s paint an the west line of the east one-half {E i/7- of said northwest one-quarter {NW 1/~} of Section i; THENCE N00'13 :0"W along said wart lino 300.00 feet to a point on the north line of said northwest one-quarter {NW 1/t} of Section l; THENCE N89.51+27"E slang sold north line 1.321.06 feat to the north one-quarter ~N 1/4~ corner of staid Section 1; THENCE ti6g'5i'13"E along the north Tina of the northeast ohe- quarter (NE 1/4} of said Section 1 a distance of 2,646.40 feet t0 the PO2NT OF BEGI!lNZNC; - EXCEPT any part thereof lying within the rigyt~of-way of the Central Arizona Prv~ect Tucson Aqueduct. - SUBJgCT to existing easements and riyhc-o £-ways. Containing 149.890 acres more or less Cross ._ Lass 23.265 acres more or less Central Arizona Pr act R/W qua S 1 2 acres mono or ess Ka FARCEL 5 - 11 portion of Township ii South, Range 11 East, Gila and Salt River Base and Meridian, Pima County, Arizona, described as folloas: X121 of Section 6, lying south aE the Pima-Final County line and all of that portion of the north half (N 1/Z} of section 7 lying east _ of the westerly right-of-way line of the Casa Grande-Tucson Interstate highway. 7 •; ~ • ExcLns;oNS: 217obDOlA Pioneer Trust of Arizona Heciende Land Inc. 6 El Mirado: 2170b0020 217060030 Southern Pacific Tr~nspartatton Co. 2170600A0 Southern Pacific Transportation Co. 217070018 Thomas ~ Lillian wong 21707003A Etacienda Land 6 G1 Mtrador .. 217070038 Hacienda i.and 4 E! Miradar 217070048 JMK Ranches inc. 217C7004C Kai Trust G John Kai Jr. 2170?404D Kal Trust G Johp Kai Jr. Casa Gzande-Tucson Interstate Right-of-Way parcQl 5 containtng 282.67 acres moro or less. Total of Parcels i-5 is 3,920.94 acres more or less. a ~. ~; 1 .. ~. C n -~ TOWN COUNCIL tnWN nF MEETING TOWN OF MARANA 9 MaRAN INFORMATION gR1ZONp MEETING DATE: March 15, 2005 AGENDA ITEM: iX. C'_ 2 TO: MAYOR AND COUNCIL FROM: Frank Cassidy, Town Attorney SUBJECT: Resolution No. 2005-29: Relating to Housing; approving and au- thorizing the execution of an intergovernmental agreement be- tween the Town of Marana and Pima County for the construction of public sanitary sewers in the Honea Heights Colonia. DISCUSSION The United States Department of Agriculture determined that Honea Heights subdivision consti- tutes a Colonia within the meaning of 7 USC § 1926c, allowing the application of grants through the Rural Development Program for infrastructure improvements. Wastewater generated by the residents of the Honea Heights Colonia (the "Colonia") is currently treated by on-site septic sys- tems. The Army Corps of Engineers contracted for the design of on-site sanitary sewer system improvements to the Pima County sanitary sewer system to serve the Colonia, and Pima County has received a completed design for the sanitary sewer system improvements. Pima County applied for and has obtained a grant from the Rural Development Program for $990,000 to construct the Colonia sanitary sewer system improvements. Because the Colonia is located within the Town of Marana, the Town wishes to participate in the construction of sani- tary sewer system improvements to serve the Colonia. Estimated construction costs for the sanitary sewer system improvements exceed the amount of the Rural Development grant. This proposed intergovernmental agreement between Pima County and the Town provides for the management and funding of construction of sanitary sewer system improvements for the Colonia, and commits the Town to pay $188,240 to the County toward the applicable residential sewer connection fees and to pay up to $510,000 for actual construction costs for the project. If the total project cost exceeds $1.5 Million, a supple- mental intergovernmental agreement between Pima County and the Town will be required. RECOMMENDATION Staff recommends adoption of Resolution No. 2005-29, approving and authorizing the execution of an intergovernmental agreement between the Town of Marana and Pima County for the con- struction of sanitary sewer system improvements in Honea Heights Colonia. ~ooooos~6.DOCi} FJC/cds 3/7/OS ATTACHMENT(S) Intergovernmental agreement between the Town and Pima County. SUGGESTED MOTION I move to adopt Resolution No. 2005-29. ~ooooos~6.DOCi~ -2- FJC/cds 3/7/05 MARANA RESOLUTION N0.2005-29 RELATING TO HOUSING; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH PIMA COUNTY FOR THE CONSTRUC- TION OF PUBLIC SANITARY SEWERS IN THE HONEA HEIGHTS COLONIA. WHEREAS, the Town of Marana and Pima County desire to enter into an intergovernmental agreement outlining the funding and construction of sanitary sewer system improvements for the Honea Heights Colonic; and WHEREAS, the Mayor and Council of the Town of Marana feel it is in the best interests of the public to enter into this intergovernmental agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the intergovernmental agreement between the Town of Marana and Pima County, attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved, and the Mayor is hereby authorized to execute it for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that the Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obli- gations, and objectives of the aforementioned intergovernmental agreement. PASSED, ADOPTED, and APPROVED by the Mayor and Council of the Town of Marana, Arizona, this 15th day of March, 2005. Mayor Bobby Sutton, Jr. ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney (00000577. DOC /} FJC: cds 3/7/05 INTERGOVERNMENTAL AGREEMENT FOR THE FUNDING AND CONSTRUCTION OF SANITARY SEWER SYSTEM IMPROVEMENTS FOR THE HONEA HEIGHTS COLONIA This Intergovernmental Agreement (Agreement) entered into pursuant to A.R.S. Title 11, Chapter 7, Article 3, by and between the Town of Marana (Town); and Pima County, Arizona, a body politic and corporate, a political subdivision of the State of Arizona (County). RECITALS A. The United States Department of Agriculture determined that Honea Heights subdivision constitutes a colonia within the meaning of 7 USC § 1926c, allowing for application of grants through the United States Department of Agriculture, through the Rural Development Program for infrastructure improvements. B. Wastewater generated by the residents of the Honea Heights colonia is currently treated by on-site septic systems. C. The Army Corps of Engineers contracted for the design of on-site sanitary sewer system improvements to the Pima County sanitary sewer system to serve the Honea Heights subdivision, and Pima County has received a completed design for the sanitary sewer system improvements. D. Pima County applied for and has obtained a grant from the Rural Development Program for $990,000 to construct the Honea Heights colonia sanitary sewer system improvements. E. Because the Honea Heights colonia is located within the Town of Marana, the Town wishes to participate in the construction of sanitary sewer system improvements to serve the colonia. F. Estimated construction costs for the sanitary sewer system improvements exceed the amount of the Rural Development grant. G. The County is empowered by A.R.S. § 11-264 to operate and maintain a public sanitary sewer system and is the designated public sanitary sewer system provider for the residents of the Town and has entered into an Intergovernmental Agreement with the Town for use of the Town's rights of way. H. The Town is empowered by A.R.S. § 9-240 to undertake capital improvement projects including the construction of public sanitary sewers. I. The County and the Town are empowered by A.R.S. §§ 11-951 through 11-954 to enter into Intergovernmental Agreements in order to jointly exercise their governmental authority. NOW THEREFORE, in furtherance of these matters, the Town and the County agree: ARTICLE I COUNTY'S RESPONSIBILITIES 1.1 The County shall appoint a member of its staff to serve as Project Manager for construction of sanitary sewer system improvements to the Honea Heights colonia, including public sanitary sewer lines, house connection sanitary sewer "stub outs" to the property line of each parcel within Honea Heights, and asix-inch replacement roadway aggregate base course (the Project). The County shall not charge the cost of the County Project Manager or any other County staff time to the Project. 1.2 The County shall contract with a qualified contractor to construct the Honea Heights sanitary sewer system improvements and pay the contractor from the $990,000 in grant funds available for the Project. 1.2.1 The County shall gather individual rights of entry from the property owners of Honea Heights to allow the contractor to construct the sanitary sewer system improvements. 1.2.1.1 The County shall require the contractor to construct stub outs from the public sanitary sewers to the property line of each parcel within Honea Heights for which the property owner executes a right of entry. If the County Project Manager becomes aware of a property owner's preference as to the location of the stub out to the parcel prior to the construction of the stub out, the County shall require the contractor to construct the stub out in that location. 1.2.1.2 For every parcel within Honea Heights for which no property owner has executed a right of entry, the County shall require the contractor to construct the stub out according to the final construction documents so that it extends from the public sanitary sewer as close as is practicable to the property line without requiring the contractor to disturb the private property. 1.2.2 The County shall require the contractor to place, to the greatest extent possible, all public sanitary sewer system improvements within the existing public rights of way. -2- 1.2.3 Due to the arrangement of streets and residences within Honea Heights, the County anticipates that the contractor will complete the sanitary sewer system improvements in several segments. After each segment is complete, the County will require the contractor to finish subgrade elevations where removed for construction of the sanitary sewer lines and prepare the roadway for the Town's possible placement of the finish paving by placing alime- treated aggregate base course to the Town's provided grade lines. 1.2.4 Because of the likelihood that the final paving of any roadway will not be completed immediately after the aggregate base course is applied, the County shall require the contractor to install protective collars (Detail 212) around all manholes installed under the Project. 1.2.5 The County shall require the contractor to provide protection in accord with Pima County standard construction requirements for traffic, native plant preservation, and protection of cultural resources. 1.2.6 The County shall require the contractor to record and inform the Town of the location of all stub outs. The contractor is to comply with applicable stormwater requirements. 1.2.7 The County shall require the contractor to secure the construction site after normal working hours and weekends by providing security, flashing barricades, temporary fences, or covering the trenches as the Town shall occasionally but timely direct during the Project. 1.3 The County shall allow the Town to review proposals submitted by parties interested in constructing the sanitary sewer system improvements. The County shall consult with and obtain Town approval for any Change Order or Force Account work. 1.4 In order to actively reduce the cost of the Project, the County shall provide without fee Project administration and coordination for, shop drawing review, responses to requests for information, site visits, inspection, engineer services, and geo-technical and surveying support as needed. After the County awards the contract, the County Project Manager shall issue the contractor a notice to proceed and shall send to the Town a copy of the notice to proceed. 1.4.1 County shall be responsible for finding a source, including Neighborhood Reinvestment Bonds or Grants, to pay and for paying to the County's Wastewater Management Department the difference in connection fees between the amount the Town will pay as required in subsection 2.6.2 and the connection fees assessable at the time individual residences are connected to the public sewer system. 1.5 In accord with the requirements of the Rural Development grant, the County shall pay to the contractor funds received from the Town in whole before requesting payment from Rural Development grant funds. In the event the County receives additional monetary payments from the Town as required under this Agreement, it shall use those payments to pay the contractor for its performance under the construction contract. Within five working days of the final inspection -3- of the sanitary sewer system improvements, the County shall reimburse to the Town any amount it paid in excess of the costs of completing the sanitary sewer system improvements. 1.5.1 The County shall forward to the Town for its records copies of all contractor invoices and contract Change Orders. ARTICLE II TOWN'S RESPONSIBILITIES 2.1 The Town shall be responsible for maintaining the aggregate base course for the roadways within Honea Heights upon its installation by the County's contractor and maintaining the roadways within Honea Heights as it maintains other roadways within its jurisdiction. 2.2 The Town shall appoint a qualified Engineer to serve as Project Manager for the Town's construction obligations under the agreement, including inspection of the finish grading. In order to actively reduce the costs of the sanitary sewer system improvements, the Town shall provide without fee Project administration and coordination for site visits and inspection for final grade. 2.3 Within fifteen working days of providing the contractor with the Notice to Proceed, the Town shall pay to the County a sum equal to the successful contractor's bid amount minus the amount of grant funds the County obtains to complete the sanitary sewer system improvements so that the County may pay the contractor for work it performs to construct the Honea Heights sanitary sewer system improvements. The Town acknowledges that the Project may cost as much as $1.5 million dollars and Pima County will not award the contract or approve any contract change orders causing the Project costs to exceed that amount. 2.4 Within fifteen working days of the County's approval of a change order, the Town shall pay to the County any amounts associated with that change order provided the change order has been approved by the Town in accordance with paragraph 1.3 above. 2.5 The Town has been investigating the septic systems used within Honea Heights, and it continues to do so. If the Town becomes aware of any Honea Heights parcel owner's preference as to the location of the portion of the private sanitary sewer lines running from individual residences to the stub outs, or otherwise determines that an HCS stub out should be placed in a location other than that reflected on the Project plans, it shall communicate that preference or determination to the contractor and the County in a timely manner in order to allow for placement of the stub out. 2.6 After completion of the Project, the Town will construct at no additional cost to the County the private sanitary sewer connecting individual residences to the stub outs for every residence located within Honea Heights as of the effective date of this agreement. Before any HCS is constructed or any discharge into an HCS occurs, the Town must obtain a sanitary sewer connection permit from the County for the residence. -4- 2.6.1 The County received the Rural Development grant on the condition that the Project connect a minimum of 200 residences to the public sanitary sewer system. To date, 19 stub outs have been constructed along Moore Road as part of another Pima County project, and the plans for the Project reflect the construction of approximately 150 stub outs within Honea Heights. Another approximately 44 residences are located on various parcels throughout Honea Heights, and the County may require that joint maintenance agreements be executed for these residences where more than one residence connects to one stub out. 2.6.2 The Town will pay to County a total of $188,240 toward the applicable residential connection fees. ARTICLE III ACCESS TO RECORDS 3.1 The Parties shall maintain books, records, documents, and other evidence directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles and practices consistently applied. Each Party shall have access to such books, records, documents, and other evidence for inspection, audit and copying and shall provide proper facilities for such access and inspections. 3.2 Audits conducted under this Article shall be performed in accordance with generally accepted auditing standards and established procedures and guidelines of the reviewing or auditing Agency. 3.3 The Parties agree to the disclosure of all information and reports resulting from access to records, as described in this Article, to a Party's auditor, provided that the audited Party is afforded the opportunity for an audit exit conference and an opportunity to comment and submit any supporting documentation on the pertinent portions of the draft audit report and that the final audit report will include written comments of reasonable length, if any, of the audited Party. ARTICLE IV MISCELLANEOUS 4.1 Town shall not discriminate against any employee, client or any other individual in any way involved with the County and Town, because of race, age, creed, color, religion, sex, handicap or national origin in the course of carrying Town's duties pursuant to this Agreement. Town agrees to comply with the provisions of the Arizona Executive Order 75-5, as amended by Executive Order 99- 4. 4.2 Town shall comply with all applicable provisions of the Americans with Disabilities Act (Public Law 101-336,42 U.S.C. 12101-12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36. -5- 4.3 This Agreement shall be effective upon filing the original hereof with the Office of the Pima County Recorder and shall expire on December 31, 2009 unless earlier terminated by either party in accord with the terms of this Agreement. 4.4 Termination/Cancellation. 4.4.1 This Agreement may be terminated by either the County or the Town with written one hundred-twenty (120) day notice. This Contract is subject to cancellation for conflict of interest pursuant to ARS § 38-511, the pertinent provisions of which are incorporated into this Contract by reference. 4.4.2 Notwithstanding any other provision in this Agreement, this Agreement may be terminated if for any reason the Pima County Board of Supervisors does not appropriate sufficient monies for the purpose of maintaining this Agreement. In the event of such cancellation, Pima County shall have no further obligation to Town other than for payment for services rendered prior to cancellation. 4.5 To the fullest extent permitted by law, each party agrees to defend, indemnify, and hold harmless the other party and the other party's officers, agents, and employees from all claims, losses, and causes of actions arising out of, resulting from, or in any manner connected with this Agreement, but only to the extent such claim, loss, cause of action, damage or injury is caused or contributed to by the negligent acts or omissions of the indemnifying party. 4.6 It is not intended by this Agreement to, and nothing contained in this Agreement shall be construed to create any partnership, joint venture, or employment relationship between the parties or create any employer-employee relationship between the parties. No party hereto shall be liable for any debts, accounts, obligations, or other liabilities whatsoever of the other. 4.7 If a court, at the request of a third person, should declare that either party lacks authority to enter into this Agreement, or any part of it, then the agreement, 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. 4.8 Each party shall comply with the notice of A.R.S. § 23- 1022(E). For purposes of A.R.S. § 23-1022, each party shall be considered the primary employer of all personnel currently or hereafter employed by that party, irrespective of the operations or 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. 4.9 This Agreement is intended to govern the rights and duties of the contracting parties only and is not intended to confer on any third party any rights or benefits which would not exist in the absence of this Agreement. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK -6- 4.10 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 Agreement shall not be modified, amended, altered or extended except through a written amendment signed by the parties and recorded with the Pima County Recorder. COUNTY OF PIMA TOWN OF MARANA By: By: Chair, Pima County Board of Supervisors Mayor, Town of Marana Date: ATTEST: Clerk, Board of Supervisors APPROVED: Wastewater Management Date: ATTEST: Town Clerk Pursuant to A.R.S. § 11-952, the undersigned public agency attorneys have determined that the Intergovernmental Agreement between Pima County and the Town of Marana for the Funding And Construction of Sanitary Sewer System Improvements in the Honea Heights colonia is in proper form and is within the powers and authority granted under the laws of the State of Arizona. Deputy County Attorney Town Attorney -7- SpW N OF TOWN COUNCIL MEETING TOWN OF MARANA 9''MARaNA; INFORMATION ~RIZONP MEETING DATE: March 15, 2005 AGENDA ITEM: IX. C. 3 TO: MAYOR AND COUNCIL FROM: Frank Cassidy, Town Attorney SUBJECT: Resolution No. 2005-30: Relating to Real Estate; authorizing and approving an agreement for the use and transfer of a modular building to the Marana Health Center. DISCUSSION Marana Health Center ("MHC") is currently the primary community healthcare provider in northwest Marana. The Town owns a modular building which was used to house the Town's police department. The police department has now moved into the new Marana Municipal Complex, and the modular building must be moved to accommodate Marana Municipal Com- plex site improvements. MHC desires to expand its facilities in northwest Marana by operating a clinic at a new location in the vicinity of Sanders and Marana Roads, and a site plan is currently being reviewed by the Town in connection with that location. The Town desires to move the modular building to the new MHC site and to allow it to be used by MHC at no cost provided that it continues to be used for community health purposes. RECOMMENDATION Staff recommends adoption of Resolution No. 2005-30, approving and authorizing the transfer of the modular building formerly used by the police department to MHC. ATTACHMENT(S) Agreement between the Town and MHC for the use and transfer of a modular building. SUGGESTED MOTION I move to adopt Resolution No. 2005-30. fooooo578.ooC/} FJC/cds 3/7/05 MARANA RESOLUTION N0.2005-30 RELATING TO REAL ESTATE; APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR THE USE AND TRANSFER OF A MODULAR BUILDING TO THE MARANA HEALTH CENTER. WHEREAS, the Marana Health Center desires to expand its facilities in northwest Marana by operating a clinic at a new location in the vicinity of Sanders and Marana Roads; and WHEREAS, the Town desires to move the modular building formerly used by the police department to the new site and to allow it to be used by the Marana Health Center at no cost provided that it continues to be used for community health purposes; and WHEREAS, the Mayor and Council find that the terms and conditions of the use and transfer agreement are in the best interest of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the use and transfer agreement between the Town of Marana and the Marana Health Center, attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved, and the Mayor is hereby authorized to execute it for and on behalf of the Town of Marana. BE IT FURTHER RESOLVED that the Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the aforementioned agreement. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 15th day of March, 2005. Mayor Bobby Sutton, Jr. ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney (00000579.DOC /} FJC/cds 3/7/05 AGREEMENT BETWEEN THE TOWN OF MARANA AND THE MARANA HEALTH CENTER FOR THE USE AND TRANSFER OF A MODULAR BUILDING Txrs AGREEMENT ("Agreement") is made and entered into by and between the TowN of MARANA, an Arizona municipal corporation (the "Town") and the MARANA HEALTH CENTER, an Arizona nonprofit corporation ("MHC"). The Town and MHC are sometimes collectively re- ferred to as the "Parties," either of which is sometimes individually referred to as a "Party." RECITALS A. MHC is currently the primary community healthcare provider in northwest Marana. B. The Town owns a modular building which was used to house the Town's police depart- ment. C. The police department has now moved into the new Marana Municipal Complex, and the modular building must be moved to accommodate Marana Municipal Complex site im- provements. D. MHC desires to expand its facilities in northwest Marana by operating a clinic at a new location in the vicinity of Sanders and Marana Roads, and a site plan is currently being reviewed by the Town in connection with that location. E. The Town desires to move the modular building to the new MHC site and to allow it to be used by MHC at no cost provided that it continues to be used for community health purposes. AGREEMENT Now, TxEREFORE, in consideration of the foregoing premises and the mutual covenants set forth in this Agreement, the Parties hereby agree as follows: 1. Lease. The Town hereby leases to MHC the modular building for a period of ten years at no cost. 2. Use. MHC shall use the modular building for nonprofit community health care purposes. 3. Transfer of ownership. On the tenth anniversary of this Agreement, ownership of the modular building shall automatically vest in MHC subject to the provisions of paragraph 4. 4. Fair market price acquisition. If at any time during the ten-year period following the exe- cution of this Agreement, the modular building is not used in a manner consistent with para- graph 2 above, the Town may at its option require MHC to pay the then fair market value of the modular building to the Town. In that event, the Town shall send written notice to MHC of its demand for payment under this paragraph, the Parties shall choose a mutually acceptable ap- praiser to determine the fair market value of the modular building, MHC shall pay the cost of the appraiser, and MHC shall pay the Town the value of the modular building as determined by the {ooooos6z.DOC i z} appraiser. Alternatively, after receiving the notice from the Town, MHC may at its option and cost move the modular building to a location within the Town limits of the Town of Marana as chosen by the Town, and the modular building shall in that event remain in the ownership of the Town. 5. No warranties. The Town gives no warranties whatsoever for the condition of the modu- lar building, and MHC accepts the modular building "as is". 6. Moving; set-up costs. The Town shall pay the cost of transporting the modular building to the new MHC site in the vicinity of Sanders and Grier Roads, and MHC shall be responsible for all costs of setting up the modular building, including without limitation, all costs of connecting to utilities, site preparation, building permits, and the like. 7. Zoning and building code approvals. MHC shall be responsible for complying with all applicable zoning and building code requirements of the Town of Marana in the set up and placement of the modular building and with respect to the development of which the modular building is a part. 8. Notices. All notices, requests and other communications under this Agreement shall be given in writing and either (i) personally served on the party to whom it is given, or (ii) mailed by registered or certified mail, postage prepaid, return receipt requested, or (iii) sent by private overnight courier such as Federal Express or Airborne, or (iv) transmitted by facsimile (provided that a confirming copy of the facsimile transmission is mailed on the date of such transmission), addressed as follows: If to the Town: TOWN OF MARANA 13251 N. Lon Adams Road Marana, Arizona 85653-9723 (520) 682-3401 Fax (520) 682-9026 If to the Marana Health Center: Mr. Clarence Vatne Executive Director 13644 N. Sandario Road Marana AZ 85653 All notices shall be deemed given when delivered or transmitted by facsimile or, if mailed as provided above, on the second day after the day of mailing, and if sent by overnight courier, on the next day after the date of deposit with the courier. Any party may change its address for the receipt of notices at any time by giving written notice thereof to the other parties in accordance with the terms of this section. The inability to deliver notice because of a changed address of which no notice was given, or rejection or other refusal to accept any notice, shall be deemed to be the effective receipt of the notice as of the date of such inability to deliver or rejection or refusal to accept. {ooooos6z.~oc i z} - 2 - 9. Miscellaneous. (A) This Agreement may not be modified except in a writing signed by the Parties. (B) Time is of the essence of this Agreement. (C) This Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona, and any lawsuit to enforce any provision of this Agreement or to obtain any remedy with respect to this Agreement shall be brought in the Pima County Superior Court, and for this purpose the Parties expressly and irrevocably consent to the jurisdiction of the Pima County Superior Court. (D) If either of the Parties fails to perform any of its obligations under this Agreement or if a dispute arises concerning the meaning or interpretation of any provision of this Agreement, the defaulting party or the party not prevailing in the dispute, as the case may be, shall pay any and all costs and expenses incurred by the other party in enforcing or establishing its rights under this Agreement, including, without limitation, court costs and reasonable attorneys' fees. (E) The captions and section numbers appearing in this Agreement are inserted only as a matter of convenience, and do not define, limit, construe or describe the scope or in- tent of such sections or articles of this Agreement. (F) This Agreement may be executed in multiple counterparts, each of which shall, for all purposes, be deemed an original and all of which, taken together, shall constitute one and the same Agreement. (G) This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors in interest and assigns; provided, however, that no assignment of this Agreement shall in any way relieve the assignor of its obligations under this Agreement. (H) This Agreement is subject to A.R.S. § 38-511, which provides for cancellation of contracts in certain instances involving conflicts of interest. {ooooos6z.DOC i z} _ 3 _ IN wiTNESS wxEREOF, the Parties have executed this Agreement as of the last date set forth below their respective signatures. THE TowN of MARANA, an Arizona munici- pal corporation By: Date: Bobby Sutton, Jr., Mayor MARANA HEALTH CENTER, an Arizona nonprofit corporation By: ATTEST: Jocelyn C. Bronson, Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney STATE OF ARIZONA ) ss.. COUNTY OF PIMA ) Clarence Vatne, Executive Director The foregoing instrument was acknowledged before me this day of , 2005, by Clarence Vatne, Executive Director of the Marana Health Center, on behalf of the corporation. [Seal] Notary Public {ooooos6z.DOC i z} _ 4 _ TOWN COUNCIL MEETING TOWN OF MARANA INFORMATION MEETING DATE: March 15, 2005 AGENDA ITEM: IX. C. 4 TO: MAYOR AND COUNCIL FROM: Jane Howell, Human Resources Director SUBJECT: Relating to Personnel; approving and authorizing the creation of a hiring pool to ensure full Police Officer staffing DISCUSSION Effective community policing is dependent upon adequate staffing in the field. The Police Department is perpetually understaffed for a variety of reasons. An analysis of police officers separated from service since January 2000 indicates that an average of six will resign each year. When dismissals, probationary releases, retirements and medical retirements are added, the average number rises to nine each year. Currently, the average hiring time from loss to replacement is 9.2 months per vacancy. 2. Once hired, anon-certified recruit attends a police academy, which lasts 18 weeks. Upon graduation from the academy and receipt of AzPOST certification, the recruit participates in field training for 15 weeks. From start to finish, it takes 69 weeks to place a new officer in the field. Five recruits were hired and sent to an academy beginning in January. One dropped out after the first day. 3. Certified personnel require less time to bring on board due to their AzPOST certification. However, we have had limited success in hiring certified officers. For example, four certified officers had completed the majority of the hiring process in December. By the middle of December, two of them dropped out: one was hired by Sahuarita PD; the other left for personal reasons. The remaining certified applicants have been hired to fill two vacancies. 4. Surrounding jurisdictions are currently hiring: Tucson PD, Tucson Airport Authority, Pima County Sheriff's Department, Tohono O'odham PD. The potential for losing officers currently employed within our agency is good. They are certified, experienced and have lots of additional training and certifications. PD Hiring Pool 1:33 PM NJH RECOMMENDATION With the concurrence of Chief Richard Vidaurri, I recommend the creation of a hiring pool of five candidates to ensure filling vacancies in a more timely manner. It is possible that hiring the pool may create an overlap of authorized staffing. However, if current statistics hold true, the overlap would be for a minimal amount of time. Fiscal impact would be the salaries of the officers @ $18.14 minimum per hour. SUGGESTED MOTION I move to approve and authorize the creation of a hiring pool of five police officers. -2- 1pW N Op TOWN COUNCIL MEETING TowN of MaRAlva v MARANA ~ INFORMATION '4RIZONp MEETING DATE: March 15, 2005 AGENDA ITEM: IX. C. 5 TO: MAYOR AND COUNCIL FROM: Barbara C. Berlin, Planning Director AICP SUBJECT: Resolution No. 2005-31: Relating to Development; approving a preliminary plat for Oasis Hills. DISCUSSION This project was presented to the Planning Commission on February 23, 2005. The Planning Commission is forwarding this preliminary plat to the Town Council with a unanimous recommendation of approval. The preliminary plat proposes a 90-lot single family detached home subdivision on approximately 59 acres within the Acacia Hills Specific Plan. The property is generally located 1280 feet north of Linda Vista Boulevard, south of Oasis Road and southeast of Camino de Manana. In August of 1987, the Marana Town Council adopted Ordinance 87.13 establishing the Acacia Hills annexation. Subsequently, in July of 1988 the Acacia Hills Specific Plan was adopted. The Acacia Hills Specific Plan and the abutting the Northgate Specific Plan (adopted in April of 19991) are currently being consolidated into a new Specific Plan called Cascada. However, the Cascada Specific Plan has yet to be adopted. Therefore, the applicant seeks approval of the preliminary plat under the existing entitlements conferred by the Acacia Hills Specific Plan. The Acacia Hills Specific Plan designates the subject property as "Low-Medium Residential" which permits 3 to 5 dwelling units per acre. The plat yields 1.51 dwelling units per gross acre. The "Low-Medium Residential" designation permits a minimum lot size of 3,000 square. The plat's minimum proposed lot size is 5,000 square feet and the typical lot size is 5,208. The subdivision's common areas will provide both active and passive recreational opportunities. Common area "B" will be preserved as natural undisturbed open space that contains 24.88 acres. Common area "A" will be utilized for drainage facilities, utilities and developable active open space. Both common areas will be maintained by the home owners and shall be dedicated as easements on the final plat. The portion of this subdivision proposed for residential development contains 13.08 acres. Additionally, Block "1" of this plat contains 9.89 acres dedicated for residential development. Development of Block "1"will require a separate plat. 031505 PRV-03054 Oasis Hills PP.doc New World Development held two neighborhood meetings prior to the February 23rd Planning Commission meeting to answer questions of concerned residents. As per a summary completed by New World Development, the concerns raised during the two meetings included public notification, perimeter walls along the eastern boundary, property values, gas service, schools, bus stops, timing of construction, design standards, infrastructure, traffic drainage and water resources. At the close of the meeting the residents requested that homes along the eastern boundary be limited to single story. As a result of comments and requests raised during the open house, the applicant has restricted lots 1-15 along the eastern boundary to one story and a 6 foot high solid perimeter wall will be placed along the eastern boundary as opposed to view walls. These requests were added to the plat's general notes (#39 and #40). ATTACHMENTS Planning commission report, summary application, summary of neighborhood meeting and locator map. RECOMMENDATION Staff recommends approval of a Preliminary Plat for Oasis Hills. Staff has reviewed the application for compliance with the Acacia Hills Specific Plan, the Marana Land Development Code and the Marana General Plan. This Preliminary Plat is in conformance with all required development regulations. SUGGESTED MOTION I move to approve Resolution No. 2005-31. 031505 PRV-03054 Oasis Hills PP.doc -2- MARANA RESOLUTION N0.2005-31 RELATING TO DEVELOPMENT; APPROVING A PRELIMINARY PLAT FOR OASIS HILLS. WHEREAS, Pacific International L.L.P., the owner of Oasis Hills, has applied for approval of a Preliminary Plat fora 90-lot single-family home subdivision on 59 acres, including lots 1 through 90 and Common Areas "A"- "B" and Block "1 ", and is generally located southeast of Camino de Manana and south of Oasis Road, within Section 14, Township 12South, and Range 12 East; and WHEREAS, the Town Council, at their regular meeting on March 15, 2005 has determined that the Oasis Hills Preliminary Plat should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that Oasis Hills Preliminary Plat, a 90-lot single-family home subdivision within the Acacia Hills Specific Plan and generally located southeast of Camino de Manana and south of Oasis Road, within Section 14, Township 12 South, and Range 12 East is hereby approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 15th day of March 2005. ATTEST: Mayor BOBBY SUTTON, JR. Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: Frank Cassidy Town Attorney Marana Resolution No. 2005-31 AGENDA ITEM NUMBER:VIILXX CASE No.: PRV-03054 CASE NAME: Oasis Hills Preliminary Plat Owner's Name: Pacific International LLP A licant's Name: New World Develo ment A licant's Address: 3550 N. 1St Avenue 5-200, Tucson, AZ, 85719 Location of Request: North of Linda Vista Blvd., South of Oasis Road, Southeast of Camino de Manana, in the southwest''/4 of Section 14, Township 12 South, Range 12 East. Nature of Request: Request for approval of a 90-lot single-family subdivision, Block 1, and Common Areas "A" & "B". Site Size: 59.46 acres Zone District: "F" (Acacia Hills S ecific Plan) Existin Use: Vacant Pro osed Use: Residential, O en S ace Re ort Date: Februa 16, 2005 Pro~ect Planner: Tim B. Bolton SUMMARY OF APPLICATION The applicant is requesting preliminary plat approval of a 90-lot grading restricted single family subdivision on approximately 59 acres. This property is generally located north of Linda Vista Boulevard, south of Oasis Road, and southeast of Camino de Manana. The property is bordered to the north and east by Pima County "SR" zoning (Marana R-144 equivalent) to the south by Marana "C" zoning (Large Lot Zone) and to the west by Marana "F" zoning (Northgate Specific Plan). In August of 1987, the Town Council adopted Ordinance 87.13 establishing the Acacia Hills annexation. Subsequently, in July of 1988 the Acacia Hills specific plan was adopted. The Acacia Hills specific plan and the abutting the Northgate specific plan (adopted in April of 19991) are currently being consolidated into a new Specific Plan called Cascada. However, the Cascada specific plan has yet to be adopted. Therefore, the applicant seeks approval of the preliminary plat under the existing entitlements conferred by the Acacia Hills specific plan. The Acacia Hills Specific Plan designates the subject property as "Low-Medium Residential" that permits 3 to 5 dwelling units per acre. The plat yields 1.51 dwelling units per acre. The Minimum allowable lot size per the Acacia Hills Specific Plan is 3,000 square feet. The plat's minimum proposed lot size is 5,000 square feet and the typical lot size is 5,208. The project will be served by two entrances off Oasis Road. A loop road with two cross streets and a cul- de-sac provide internal circulation. There will be 45' of additional right-of--way dedicated on the portion of Camino de Manana that bisects the property. The plat depicts preliminary alignment for the El Camino de Manana Wash Trail. The trail will follow the alignment of the 50' public sewer and water easement extending from Linda Vista Boulevard north into the project and on to Oasis Road through the right-of--way on Crook Place. The final plat will show final alignment and width of the trail easement. PLANNING COMMISSION DATE: February 23, 2005 A portion of Common Area "A" at the south end of the subdivision will be developed for recreational use. A conceptual park plan was submitted with this plat. The recreational area will provide amenities such as a half basketball court, a playground unit for the smaller children, a turf play area, benches and a ramada. In addition, Common Area "A" will also serve as area dedicated to drainage facilities, utilities, re-vegetated open space and developed usable open space in the amount of 6.47 acres. Common area "B" contains 24.88 acres of Natural Undisturbed Open Space. The developer held an open house on December 14, 2004 to address the concerns of the surrounding residents. The primary concerns voiced during the meeting included public participation, screening, property values, gas service, schools, bus stops, timing of construction, design, infrastructure, traffic, drainage and water usage. A summary of the open house was prepared by the developer and is attached to this report. As a result of these concerns the following mitigation measures were added to the general plat notes (39 and 40): • General Note #39 - A six (6) foot "high" solid block wall will be constructed along the rear lot line of lots 1 thru 24, 25, and 31 through 33. • General Note #40 -Lots 1 through 15 are restricted to one story homes. RECOMMENDED FINDINGS OF FACT 1. The property is currently designated "F" (Specific Plan). The proposed development is allowable under this designation. The project appears to comply with all other development standards of the Specific Plan related to this classification. 2. This proposal is consistent with the purpose and intent of the Land Development Code and the Town of Marana General Plan. 3. The proposed project does not appear to be detrimental to the immediate area or to the health, safety, and welfare of the inhabitants of the area and the Town of Marana. Staff Recommendation: Approval with the recommended conditions. CASE ANALYSIS REVIEW CRITERIA Ability to comply with development regulations, i.e. water, sanitation, access, developable parcel, etc.: The property is currently designated as "F" (Specific Plan). Adequate area exists for this subdivision on this site. The development is in compliance with the requirements of all agencies. 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 zoning district and the Specific Plan. 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 Specific Plan and the Town of Marana General Plan designation of "F" (Specific 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 Countx The proposed project does not appear to be detrimental to the immediate area or to the health, safety, and welfare of the inhabitants of the area, Pima County, and the Town of Marana. SUGGESTED CONDITIONS Prior to ground disturbance and prior to Final Plat approval all requirements of the Biological Opinion shall be met. This includes the development of an open space management plan, the recording of a conservation easement, the identification of a third-party holder of the easement, and an assured source of funding for management. Suggested Motion: approval of PRV-03054, Oasis Hills Preliminary Plat with the recommended conditions. rr= ~~~ MA- ~, ~'/I\ t ~ ;- 1 y - - TOWN ~OF MARANA Planning and Zoning Department ~ 3696 W. Orange Grove Road • Tucson, AZ 85741 (520) 297-2920 Fax: (520) 297-3930 PLANNING & 70NING APPLICATION _ 1. TYPE OF APPLICATION (Check One) - ` : I 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 Permit 2. GENERAL DATA REQUIR ED __ Assessor's Parcel General Plan Designation ow- a 1um I~rumber(s) 216-36-019A (To be confirmed by staff) Density Resid (Acre/Sq. Ft.) Gross Area Current Zoning . 98.36 acres To be confirmed b staff) C Development/ Proposed Zoning Pro'ectName Oasis Hills Subdivision Project Location North of Linda Vista Blvd. & East of Camino de Manana Description of Project Sin le famil detached dwellings Property Owner pacific International L.L.P. Street Address City State 3550 N. 1'st Ave. S=200' Tucson AZ Zip Code Phone Number Fax Number E-Mail Address 85719 520-408-2300 520-408-2600 Contact Person Phone Number Albert J. Richter 520-408-2300 Applicant New World Development Street Address City State 3550 N. 1st. Ave. S-200 Tucson AZ Zip Code Phone Number Fax Number E-Mai! Address 85719 520-408-2300 520-408=2600 Contact Pelson Phone Number Ct.G 4 - te(e3 Albert J. Richter 520-408-2300 Agent/Representative presidio Engineering, Inc. Street Address City State 2302 E. Speedway Blvd.. S-214 Tucson AZ Zip Code Phone Number Fax Number E-Mail Address 85719 520-795-7255 520-795-6747 COntaCt PerSOn Marana Business License No. John D. Wood 3. AUTHORIZATION OF PROPERTY O~Vl~'ER 1, the t.ndersigned, 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 writing by the o~r-ner to file this application. (If not owner of record, attach written authorization from the owner.) ~ _ Albert J. Richter .~{/~ '~~ Print Name of A licandA ent nature Da e FOR OF FICE E ONLY / Case No. Y - ~ J Date Received ~b~ ~ l Receipt No. C." Q ~ n ` r f CR~V No. ~V~3OS - Received Bye .~l~~r~O,u'lAk) Fee Amount $t~ ~~ -~ a~~~-'o' ~ntia 02-14-' 05 14 ; 27 FBONJ- February 14, 2005 T-791 P02/04 U-813 NEW WORLD DEVELOPMENT Town of Marana, pevelopment Services Attn: Kevin Kish, pep. Planning Director 3698 W. Orange Grove Road Tucson, AZ 85741 Re: Qasis Hills Neighborhood Meetings Dear Kevin: As you know we have met with neighbors regarding the Oasis Hill subdivision on two occasions: November 8'h 2004 and December 14th 2004. In my previous meetings with Kathy Morris, I provided sign in sheets as well as mailing labels for ell who were notified and meeting minutes- Please let me know if you need any additional copies of the mailing labels, sign in sheets or meeting minutes. In our first meeting, many of the residents were concemed that they had not been properly notified, sv we held a subsequent meeting. Below we have outlined the major concerns and New World's responses from both meetings: Residents along the eastem boundary were concerned about their views and the amount of two story homes along the eastem boundary Response: Lots 7-75 will be restricted to one story homes. Lots 16 through 33 are not being restricted because the distance of the existing homes is well over 300 feet from any proposed construction and in some cases over 400 feet. In addition to the distance, we have observed mature vegetation in the mitigation area, with trees ranging from 20 to 30 feet along lots 76 through 30, providing an additional visual barrier from existing residences to the east. 2. Residents did not want a view wall along the eastem boundary. Response: A 6' solid block wall will be constructed along the eastern boundary. 3. Residents were concerned that the existing schools would not have capacity for new students generated by the Oasis Hills subdivision. Response: New World has met with Bob Thomas, Director of Operations for Marana Unified School District. Mr. Thomas indicated MUSD would have capacity for additional students generated by Oasis. He also wrote a letter in response to New World's request (attached). 4. Residents were concerned about the visibility and increased traffic on Oasis Road. Many wanted a turn lane in the front of the subdivision, citing too much traffic during peak hours. 3550 North 1st Avenue • Suite 200 • Tucson, Arizona 85719 • (520) 745-9800 * Fax: (520) 408-1637 02-14-'05 14;27 FBOM- T-791 P03/04 U-813 Response' The hills currently on Oasis at the entrance of fhe proposed suJidivisivn will be graded down and re-improved, allowing gn3ater visibility along the read and for traffic turning into and out of Oasis Wills as well as general fral9`ic along Oasis Road. A turn lane is not being considered at this time as fhe road will be at less than 70% of its capacity even with additional cars generated by Oasis Hills. Please note that residents expressed other concerns as well and these are spelled out in the meeting minutes. However the above major concerns were concerns in which residents seemed to be united. Thank you for your patience and consideration in this matter. As always, should you have any questions or I can provide more information ptease call me at (52Q) 408-2300 ext. 108. Si cerely, _ ``~ Cheryl Hall, Project Manager New World Development, Inc. ~~ t ,-_ CASE NO. PRV-03054 Oasis Hills Preliminary Plat Acacia Hills specific plan Pima County Northgate specific plan Subject Property data a~lalmt, _.....:- ..... The Town G tdararx ixovfdea this map hAormttion "4a la" at the roquast of t tlx user with Ntr undfenbn6np tint h is nef puaranlaed m be occur-, - eWtaR Of emMNett afW conclusions pawn from such Ytforrrwtion on tlw i rtsponsibMipr ofihe user. 4 - -. In no wtntaMll'Iha Town afA/arana bacomtliabit to wart of tfwadad, er any otlxr parly,tbr any bat or dints, kWirtot, apatW, incitltnEal or ~- canequtntlM tlamnpet, ineludip but ttot limftsdm tkne, money or `° - poodviM. aritinp from tlx use of modi/ication of tlx data, ,': , p 700 0 700 1400 Feet }, . - ~' '~ f^~ t' r~~' -. 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I e1° ~ I ~s;~ i _im °I° ' val 1 ~ _°; s~ I ai_~. ~ lu 1 °u ~ P m o .Ix ~ alsee~ I ~ uL Boi _ ~I!sl iII = . ,.~ ~ - . m i ~_ .,I I ~hI til ~i~a~ - SOW N OF TOWN COUNCIL MEETING TOWN OF MARANA q IIMAaANA ~ INFORMATION gR1ZONP MEETING DATE: March 15, 2005 AGENDA ITEM: IX. C. 6 TO: MAYOR AND COUNCIL FROM: Barbara C. Berlin AICP, Planning Director SUBJECT: Resolution No. 2005-27: Relating to Development; approving a Preliminary Plat for Gladden Farms Block 17. DISCUSSION This project was presented to the Planning Commission on February 23, 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 56-lot single family detached home subdivision on approximately 16 acres within the Gladden Farms Development. The proposed subdivision will be located in Block 17 of the Gladden Farms Block Plat, which is located west of Lon Adams Road and approximately one-third mile south of Moore Road, within Section 34, Township 11 South, and Range 11 East. The zoning for Block 17 is R-7 (Single Family Residential with a minimum lot size of 7,000 square feet). The minimum lot size within this project is 7,018 square feet with the average lot size 8,243 square feet. Gladden Forest LLC does not currently have a builder for Block 17. 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. This subdivision requires a minimum of 10,360 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 structures and a picnic table. ATTACHMENTS Planning Commission Report, Summary Application and locator map. PRV-04055 Gladden Farms Block 17 PP TC 031505.doc RECOMMENDATION Staff recommends approval of a Preliminary Plat for Gladden Farms Block 17. 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. 2005-27. -2- 031505 PRV-04055 Gladden Farms Block 17 PP TC.doc MARANA RESOLUTION N0.2005-27 RELATING TO DEVELOPMENT; APPROVING A PRELIMINARY PLAT FOR GLADDEN FARMS BLOCK 17. 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 17, has applied for approval of a Preliminary Plat fora 56-lot single-family home subdivision on 33 acres, including lots 1 through 102 and Common Areas "A-1 "-"A-11 ", "B-1 "-"B-2", "C-1, and is generally located west of Lon Adams Road and approximately one-third mile south of Moore Road, within Section 34, Township 11 South, and Range 11 East; and WHEREAS, the Town Council, at their regular meeting on March 15, 2005 has determined that the Gladden Farms Block 17 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 17 Preliminary Plat, a 56-lot single-family home subdivision within the Gladden Farms Development and generally located west of Lon Adams Road and approximately one-third mile south of Moore Road, within Section 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 15th 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. 2005-27 AGENDA ITEM NUMBER: VIILC.2 CASE No.: PRV-04055 CASE NAME: Gladden Farms Block 17 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 17 of Gladden Farms, which is directly west of Lon Adams Road and a roximatel 1/3 mile south of Moore Road. Nature of Request: An application for Preliminary Plat review and approval fora 56-lot single famil detached home subdivision. Site Size: 15.81 acres Zone District: Existin Use: R-7 Sin le Famil Residential, 7,000 s . ft. min. l_ot_ size) Vacant Pro osed Use: 56-lot sin le famil detached home subdivision -site built homes Re ort Date: Februa 15, 2005 Pro~ect Planner: Lisa Shafer, Planner II SUMMARY OF APPLICATION The applicant is requesting preliminary plat approval of a 56-lot single family detached home subdivision on approximately 16 acres within the Gladden Farms Development. The proposed subdivision will be located in Block 17 of the Gladden Farms Block Plat. Block 17 is located west of Lon Adams Road and approximately 1/3 mile south of Moore Road, within Section 34, Township 11 South, and Range 11 East. The zoning for Block 17 is R-7 (Single Family Residential with a minimum lot size of 7,000 square feet). The minimum lot size within this project is 7,018 square feet with the average lot size 8,243 square feet. Gladden Forest LLC does not yet 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 from Lon Adams Road. Block 17 will also connect internally to Block 19 to the south. The typical street section for Block 17 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 17 requires a minimum of 10,360 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 structures and a picnic table. The proposed park plan is in review by the Parks and Recreation director, and his approval is required prior to approval of the landscape plan. PAGE 1 OF 2 PLANNING COMMISSION February 23, 2005 Common Areas "A" through "C" are being used for drainage, recreation, trails and landscape. The intended use and size of all 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 conformance with all required development regulations and design guidelines. RECOMMENDED FINDINGS OF FACT The property is currently zoned R-7, Single Family Residential-7,000 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 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 is in compliance with the requirements of all agencies. 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-7 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 surroundi~ 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. PAGE 2 OF 2 ~~ TOWN OF MARANA "~ ~ ~ i Planning and Zoning Department 3696 W. Orange Grove Road + Tucson, AZ 85741 ~a (520)297-2920 Fax: (520)297-3930 PLANNING & ZONING APPLICATION 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 Permit Assessor's Parcel Numbers . 217-53-0310 General Plan Designation (To be confirmed by staff) Gross Area (Acre/Sq. Ft.) 15.81 AC; 688, 683 SF Current Zoning To be confirmed b staf R-7 Development/ Pro' ect Name Gladden B1oCk 17 Proposed Zoning Same Project Location Gladden Farms Description of Project SFR-54 Lots Property Owner Gladden Fores t Street Address 333 East Wetmore Road, Suite 250 cis' Tucson scare AZ Zip Code 85705 Phone Number (520) 888-3962 Fax Number E-Mail Address Contact Person Mike Etter Phone Number Applicant Gladden Forest street Address 333 East Wetmore Road, Suite 250 c'ty Tucson S`~ce AZ Zip Code 85705 Phone Number (520) 888-3962 Fax Number E-Mail Address Contact Person Mike Etter Phone Number Agent/Representative Rick Engineering Company, InC. Street Address 1745 East River Road, Suite 101 c,cy Tucson S~`~AZ Zip Code 85718 Phone Number (520) 795-1000 Fax Number (520) 322-6956 E-Mail Address Contact PerSOn James l~lrig Marana Business License No. I, the undersigned, certify that all. of the facts. set forth in this application are true to the best of my knowledge and that I am either the owner of the. property or that I have been authorized in writing by the owner to file this application... (If not owner of record, attach written authorization from the owner.) Bruce M. Paton ~- -~, July 7, 2004 Print Name of A licant/A ent Si nature Date FOR/ OFFICE USE ONLY `ase No. pRV ' p~lQS'Sn Date Received ,~~~~/ ~ Receipt No. CkW No. ('/~I~y07'003 Kcccivcd I3y ~y`ta~tGa ~1~2QlZa- Peo Amom~t o~nvoz ~/^\~ MARANA /I\ TOWN OF MARANA Gladden Farms Block 17 Preliminary Plat casE rvo. PRV-04055 ~ / T J~ Farm Field Fve _, x ,~ ~, 1- ~ of t i T" i ~° ~~ ~ _, ~~ i ., ;: i i ~ ~;9 ~~ ~ ~ ~ ,, _~\ --_~ ~ ~ i -i - ~ ~\ i. ~fi ~ ~~'~~~ Subject l i ~~. - ~ 700 0 700 1400 Feet ~ -~- ° ; ~ wTANCExrx~nD ' Data Disclaimer The Town of Muana provides this map information "As Ie" a[ the request of Me ussrwlth the untleratantling that It Is not guarameed to be accurate, correct or complete and ConcluaMna drawn from such information are the reaponalbllMy ofthe wer. In no evert shall The Town of Marano become liable to user of those tlata, or ary other petty, for any bss or tllrcc[, Intllrea, special, Incltlentel or consequantlsl tlamagea, Including but not limited to time, money or goodwill, arising from the use or modification of the date. T ~~_ __ REQUEST A request for Preliminary Plat approval of a 56-lot single family home subdivision in Block 17 of the Gladden Farms Development. z ~~ `~\ b - ~~~ ~ \\ ", ~~~~ ~~ E~`~ ', =~ ~;~~ .~. i / 3„p.- ~g8 ~ti ~ 'b9 + /~.,1C ~ ~~~ ~_m ~ 8 Tb° i € ~`~~~ O _ 3 F ~ ~ _ _ eNy ~ ~ _ R _ _ 9R! 4 ~"°~ '~ € ~ '36 ~ t y ~~ Q0 a ~ R ~~ ~ ~~ ~ 1 U 00~~ c m m®ii ® T ~ ®® v a <~ $~ m \ ~ ~~ ' ~II \ \ \ ~ r 1 e TI ~~ cnr~ m a ~ ~ y~ ~ ~~ ,. ~ ~ _ ` ~ ~ . v ,i iI o ~ ~ ~ i j ~ ` z ~e \ \ I B ~ 8"~ N ~~ ~~~ ~ ~ ~~ ~ t ~ y ~\ ~ J ~ , ~ ,, ~ va _ T . sa ~ ~:. ,'r / ~~°8 U i~t" 1' P ~ ~ ~ ~~~5'R= e5. • o. • o - m> o ~ N •; •_v~ x ~ _m~~ a '¢ ~~: c ~ 'PRA mzz •~~ ~ • .F6MA ou°~° i D ~ rrr ~.~~I ~~'_~ v~N ~ r ° ~j n r € ~ S :~ g ~z~ ~ -1 _ 4 = r r m< ~~ i N ~ ~yy V~ m ~ g ~° r - ~u .. ~ . Y / roc 1 6~ ~, `fie o rze g~e T I ~~ ~ ~ Ui ' Z ~ . , . C .. :. 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Berlin AICP, Planning Director SUBJECT: Resolution No. 2005-28: Relating to Development; approving a preliminary plat for Gladden Farms Blocks 18 & 20. DISCUSSION This project was presented to the Planning Commission on February 23, 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 102-lot single family detached home subdivision on approximately 33 acres within the Gladden Farms Development. The proposed subdivision will be located in Blocks 18 & 20 of the Gladden Farms Block Plat, which is located east of Lon Adams Road and approximately one-half mile south of Moore Road, within Section 34, Township 11 South, and Range 11 East. The zoning for Block 18 is R-8 (Single Family Residential with a minimum lot size of 8,000 square feet), and Block 20 is R-7 (Single Family Residential with a minimum lot size of 7,000 square feet). The entire subdivision is being platted at the R-8 standards with a minimum lot size of 8,309 square feet and the average lot size at 9,434 square feet. Gladden Forest LLC does not currently have a builder for Blocks 18 & 20. 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. This subdivision requires a minimum of 18,870 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-04059 Gladden Farms Blocks 18 & 20 PP TC 031505.doc RECOMMENDATION Staff recommends approval of a Preliminary Plat for Gladden Farms Blocks 18 & 20. 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. 2005-28. -2- 031505 PRV-04059 Gladden Farms Blocks 18 & 20 PP TC.doc MARANA RESOLUTION N0.2005-28 RELATING TO DEVELOPMENT; APPROVING A PRELIMINARY PLAT FOR GLADDEN FARMS BLOCKS 18 & 20. 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 Blocks 18 & 20, has applied for approval of a Preliminary Plat fora 102-lot single-family home subdivision on 33 acres, including lots 1 through 102 and Common Areas "A-1 "-"A-14", "B-1 "-"B-2", "C-1, and is generally located east of Lon Adams Road and approximately one-half mile south of Moore Road, within Section 34, Township 11 South, and Range 11 East; and WHEREAS, the Town Council, at their regular meeting on March 15, 2005 has determined that the Gladden Farms Blocks 18 & 20 Preliminary Plat should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that Gladden Farms Blocks 18 & 20 Preliminary Plat, a 102-lot single-family home subdivision within the Gladden Farms Development and generally located east of Lon Adams Road and approximately one-half mile south of Moore Road, within Section 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 15th day of March 2005. ATTEST: Mayor BOBBY SUTTON, JR. Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Resolution No. 2005-2A AGENDA ITEM NUMBER: VIILC.3 CASE No.: PRV-04059 CASE NAME: Gladden Farms Blocks 18 & 20 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 Blocks 18 & 20 of Gladden Farms, which are directly east of Lon Adams Road and 1/2 mile south of Moore Road. Nature of Request: An application for Preliminary Plat review and approval fora 102-lot sin le famil detached home subdivision. Site Size: 33 acres Zone District: R-7 (Single Family Residential, 7,000 sq. ft. min. lot size) R-8 (Sin le Famil Residential, 8,000 s . ft. min. lot size Existin Use: Vacant Pro osed Use: 102-lot sin le famil detached home subdivision -site built homes Re ort Date: Februa 16, 2005 Pro~ect Planner: Lisa Shafer, Planner II SUMMARY OF APPLICATION The applicant is requesting preliminary plat approval of a 102-lot single family detached home subdivision on approximately 33 acres within the Gladden Farms Development. The proposed subdivision will be located in both Block 18 and Block 20 of the Gladden Farms Block Plat. Blocks 18 and 20 are located east of Lon Adams Road and approximately 1/2 mile south of Moore Road, within Section 34, Township 11 South, and Range 11 East. The zoning for Block 18 is R-8 (Single Family Residential with a minimum lot size of 8,000 square feet), and Block 20 is R-7 (Single Family Residential with a minimum lot size of 7,000 square feet). The entire subdivision is being platted at the R-8 standards with a minimum lot size of 8,309 square feet and the average lot size at 9,434 square feet. Gladden Forest LLC does not yet have a builder for this subdivision. Once a builder has purchased Blocks 18 & 20, 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 share accesses off of Lon Adams Road, with Block 12 to the north and Block 21 to the south. Block 18 will also connect internally to Block 12, and Block 20 will connect internally to Block 21. The typical street section for this subdivision is a 46-foot wide right-of--way, with 32 feet of pavement. 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. This subdivision requires a minimum of 18,870 square feet of improved recreation area. The active recreation area has been planned for a portion of Common Area PAGE 1 OF 3 PLANNING COMMISSION February 23, 2005 ._. "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 is required prior to the approval of the landscape plan. 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 drainage, recreation, trails and landscape. The intended use and size of all 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 minor technical revisions that are needed. Staff expects 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-7, Single Family Residential-7,000 square feet minimum lot size and R-8, Single Family Residential-8,000 square feet minimum lot size. The proposed density is allowable within this zone. This project is in substantial compliance with all 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 one condition. Recommended Condition: 1. Final acceptance of the plat by the Consultant Engineer, Tetra Tech, prior to the preliminary plat going to Council. CASE ANALYSIS REVIEW CRITERIA 1. Ability to comely with Development Regulations, i.e. Water, Sanitation, access. Developable Parcel, etc.: The current land use designation for the property is R-7 & R-8. 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 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-7 and R-8 zones. .~. 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 Ma.ra.na General Plan. PAGE 2 OF 3 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-04059, the Preliminary Plat for Gladden Farms Block 18 & 20 subject to the condition outlined in this staff report. PAGE 3 OF 3 ~; 1 t -~ .,~.-...r! ,~..«~ 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 ~] 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 Permit Assessor's. Pazcel 217-53-0320; 217-53-0340 General Plan Designation n/a Numbe s . (To be confirmed by staff) Gross Area (Acre/Sq. Ft.) 33.OAC; 1, 437, 480SF Gtirrent Zoning R-7 • R-8 To be confirmed b s Development/ Pro'ectName. Gladden Farms .Blocks 18 & 20 Proposed Zoning same Project Location Gladden Farms Description of Project 93 SFR Lots Property Owner Gladden Forest LLC C/0 Forest City Southwest Street Address 333 East Wetmore Rd; Suite 250 c`tyTucson state AZ Zip Code 85705 Phone Number 888-3962 Fax Number E-Mail Address ^.ontact Person Mike Etter Phone Number Applicant Gladden Forest LLC C/0 Forest City Southwest Street Address 333 East Wetmore Rd; Suite 250 clty Tucson stare AZ 1~...-a-tea T____~ Zip Code 85705 Phone Number 888-3962 Fax Number E-Mail Address __. ~_y^-- - ~~ V V4 rnone Number Mike Etter Agent/Representative Rick En ineerin Com an Inc. Street Address 1745 East River Road, Suite 101 C`ty Tucson state AZ Zip Code Phone Number Fax Number E-Mail Address 85718 795-1000 322-6956 ilcixit~LriCkPnQineerin Person James King Business License No. I, the undersigned, certify that all of the. facts. set forth in this application aze true to the best of my knowledge and that I am either the owner of the property or that I have. been authorized in writi by owner to file this. application... (If not owner of record, attach written authorization f m the. owner.) ~or~ S ~ 21 p Print Name of A lic A ent Si ature ate p(~ F .OFFICE USE ONLY / p 'e No. (' 1 V' Q y0 9~ Date Received _~}~/z Z~O y Receipt No. ~ _~ ~ 1 X17 ~ 1 Li;RW No. PR VQ yQ 7-O O ~ Received By ~~Jnd~u IgbQZ.O N'ee Amount ~,,,~1 .com _ ~~~^\~ MARANA /I\ TOWN OF MARANA Gladden Farms Block 18 & 20 Preliminary Plat ca,sE rvo. PRV-04059 s r ~~ .! Rancho 1- ~~~(.~ Farm Field J ~ _ ~ ~ a Marana 154 '.1~ Five ~-~ ~. ~ ~ ?~ i 4 ~ - - -, .- ~ ~ ~- ~ ~1 1 ~11~~ ~ t ~ ~ r } ~ 4 .. ~~ '~~ I r t ~ ~~~~~ ; ~- ~` 1 - ,~ -; t ~I` 1. - - - ~ LV' ~Y _ J _ _ 1 t -', it ~~ ~ I Block 12 ~ ~ ~: 1- J j i. r ?~ . _, t. ~,k ~{ Subject _. u I 1' ~ it . - ~ ' ` f Property - __ _ -. - -., ~_ '' ~ f ' ~ ~,/ ~~ _ ~ - .~ ~ r .~~<,'' ~\~ Block 21 ~.I ~ ~" ~.~ ~"; ~ , ._ •° •- ~~_ ..: j ______~---. ,.~ ., - . ~ ~ ._ 1 I ~~ it ~-, - .~ :.~ ~ t ~ ~ _~ _ - _ _ ~ \ , ~- --- - ~ 700 0 700 1400 Feet ~ - ~~ Data Dladalmer ~. I ~ The Town of Marana provides this map information "Ae Is" at tlx request of - the user with the undsratantllnp that h Is not puarantestl to 6a accurate, correct or complete and eonclusbna tlrawn from such Information arc the ~ - renponslbllly of the user. - _, i._, ,i In no awnt shall The Town of Marano become liable to users of these data, _ --. -- .. - --- --i or arty other party, for any bss or tllrect, Intllreet, speeiel, Incltlentel or ~~~ ~ II- coneequsntlal damapea, Ineludlnp but not limped to time, money or ~ ~~-~_, poodwlll, arlaln9 from tlx use or rrrodlflcatlan of the Bats. - - ~~~-- - _ -- - - - - REQUEST A request for Preliminary Plat approval of a 102-lot single family home subdivision in Blocks 18 & 20 of the Gladden Farms Development. ~ ~ ~;~ ,m.,....,m... a ~ ~i~a~ ~°~~ "=~ - ~ sa A~ as€^ Re~^ ~w'~x^~aa~ a': ~sF €, $=^ ~~ ~ a _ =~~ f~ ~~ a ~-_~~" a _+= fA ~•,^" ~~ m ~ ~ a~'~ s-s^ ~ a ~s Raq^q ~ ^a= sp n "~ ~a ~° q ~a~~ ~e 4 ; ~4RSE b~'.Q Ft, a A$''^FF~ FQ^>$ ~F~~ 4E:7:AFM$ EFF a.~ ~g ~$$ ~ "„~ ~ _4~ ~~ ~~"~ aR ~~ ~ 4$~H "E b~ ~ E $a~~ $~~ iS R_$:may i=:a 4_"' 2~ 4'^ E_ 3F ^ N RS ~i ~. i1 a gsa ~ ~ ?-4 a ds~€ a:€a€~^__ ~." € ~~ a~ ~ ~~€ ~9: $ Ra €s -~~"~:Q s ~~ € ?-aka ~ ~" ~ a ~.' ~QE =s_a a ~~ €a w~ :~ ~~_ _e a iiR- >~~ s~ E, i~ ~~=~ ate- a :'a IR~ ~~ ~ ~ EI X45$ 4 F ~ ~F"... 7R^~i RR 3F ataF ~"4 R ~ ~.,E .. 4 " ~ ~4 ~R #^ A»~' ~" ~« _ ¢2 4~ --3+EI R^e4R $~ ^ ="~~g~ °E ~T_ Aril€'""a~. ~~~ .Y~ s E~~ a~ ~ a~- "~;? °a t =~ a;, al~sa~ ': a B~F ~~ ~~ ~ ~"so^~~ hca""€ ~~ :~~=~~£^s€ ~ca ~~~ E ass ~ ~ ~ ~ 4~. ~a ~~ ~~ a.7•sa_ ~ ~N ~ es ~ €~~ ~~ ~ ~~ ~ = ~~.~su ~~s"~ aF~ ?~a= = sE~ .~~ ~aG = a-~ a s a 'a a"~ ~~t ~~ da ~Sa~R~~ F ~~ § t ~ ~ ~ ~~ - a ~"~~p ..$~ ~~~ 4iaa""~.;~Fx$ ~~~ A"., ~ ~~ a ~ xa ^9= ~ a a c a~ a .~a ~~ a :. i ~ ~a~. m.. 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C. 8 TO: MAYOR AND COUNCIL FROM: Frank Cassidy, Town Attorney SUBJECT: Executive Session DISCUSSION Executive Sessions pursuant to A.R.S. § 38-431.03(A)(3) and (4) to consult with and instruct the Town's attorneys regarding (a) negotiations with the City of Tucson and Flowing Wells Irrigation District (FWID) concerning the Town's pending application before the Arizona Department of Water Resources for transfer of 1,500 acre feet of FWID's excess Central Arizona Project allocation, (b) negotiations with the City of Tucson concerning a proposed intergovernmental agreement governing the ownership and use of effluent generated at metropolitan sewer treatment plants as the result of water deliveries from the Town of Marana water utility, and (c) legal implications relating to assured water supply designation, replenishment obligations, water rights and the like arising out of the delivery of water through the Town's non-potable water system (Frank Cassidy) RECOMMENDATION None required. SUGGESTED MOTION None required. PD Hiring Pool 1:33 PM NJH ~pWN OF TOWN COUNCIL MEETING TOWN OF MARANA v MAR NA ~ INFORMATION gR1ZONN MEETING DATE: March 15, 2005 AGENDA ITEM: IX. C. 9 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 7 and 8. 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/03/09/2005/10:47 AM `~~ ~ LEGISLATIVE BULLETIN Issue No. 7 February 25, 2005 ..~- Cable Bill Postponed Again N THIS Showdown in the House and Senate expected next week ISSUE Once again the cable bill was listed on the Senate floor debate calendar and once again, the bill was skipped, postponing debate and a final Senate vote for one more week. S. 1229 s Cable Bill Postponed A ain ~ g ................... identical House companion, H. 2563, was heard in the House caucuses this week, which makes it eligible to go to House floor debate. Both bills are now at the same point in the Cities under Attack ......... ~ legislative process in their respective chambers, which sets up a possible dramatic Thursday afternoon next week, which is when both the House and Senate hold floor debate each Bad Revenue Sharing Bill Passes week Another Committee ......... 2 . Senate Finance Votes to Make it The cable industry is working this bill extremely hard, they are down at the Capitol every day Harder for Your Bond Elections to meeting with legislators again and again on this legislation. They may be planning identical Pass .....................2 amendments for the House and Senate floor. If the bill is not stopped in either chamber and Legislature Seeks to Amend Your identical amendments are added, only one more final vote will be needed before the bill Local Tax Code ............ 3 goes to the Governor's desk. Blue Stake Reform Bill is Blocked The situation is now down to the final week with both bills awaiting floor debate and possible in Committee 3 amendments. Please continue to communicate with your legislators on this bill. The Good News for Bad importance of your visits, phone calls, emails and letters on this bill cannot be Drivers ................... 3 underestimated, we need to stand strong in our opposition to the bill, amended or More Good News for unamended, with all 89 cities and towns, as the cable industry is using every tool they have to Bad Drivers ............... 4 try to get the needed votes. Debt Limits Resolution Passes Second House Committee 4 Cities Under Attack .... League Resolution on Bonds Passes Senate Government In last week's Legislative Bulletin, we characterized the activities last week at the Legislature Committee ............... 4 as ugly. The only way to describe this week is that cities were under attack from almost every Liquor Bill Clears Second direction with even some of our friends joining the attack. Many of the problems were last Committee 4 ............... minute striker amendments, which were run without much advance notice. Referendum Signature Bill Rises Thursday morning the Senate Finance Committee had on their agenda several bills which Again .................... s collectively would cost cities and towns hundreds of millions of dollars. Some of the bills are Time Flies 5 ................ discussed individually in this issue of the Bulletin. One is the elimination of income tax revenue sharing for all cities and towns over 100,000; another calls for an extraordinary 2/3 vote of the voters to approve any local bond issue; one would mean a $100 million reduction Lcanuc of ;1ri<ona in the state income tax and the final one which was held would totally repeal the state .,,~'~~ ~ ~~~L,~.. income tax at a cost of more than $3 billion. Cities .~~i'•T~`Vns On the House side, the Central Arizona Homebuilders have decided that you cannot be LegislativeBu[letin is published by the League of Arizona Cities and Towns. trusted to properly impose and account for your development fees and so they want to Forward your comments orsuggestions to: require you to submit an annual report to the Legislature about just what you are imposing League of ArizonaCi[ies & Towns and how the funds are being used. Failure to file the report would preclude you from 1820 West Washington Street collecting future impact fees. Unfortunately, the House Counties, Municipalities and Military Phoenix, Arizona 85007 Phone: 602-258-5786 Affairs Committee agreed with them and passed HB 2066. Fax: 602-253-3874 Emai I: league@mg.state.az.us Internet: www.azleague.org - COntlnued - Also in the House, State Treasurer David Petersen has decided that you cannot be trusted to invest city monies appropriately, so he asked for a bill to require all political subdivisions to do monthly or quarterly reports on how you are investing your monies for the information of the public. He exempted his own office from the reporting requirement, although he said in Committee that he is already required to do the same kind of reporting. By the way, the State Treasurer did not have the courtesy of alerting us to this issue or even to discussing the problem if there is one. We found out about his proposal the morning of the hearing. So far as we can remember, the only big investment loss that has occurred in this State was from an investment by the State Treasurer's office during Mr. Petersen's predecessor's term, but under his suggested legislation every county, city, town, special district and school district would have to prepare a report with specific information. This bill is astrike-everything amendment to HB 2098 and passed the Government Reform/Government Finance Accountability Committee Wednesday afternoon. Cities and towns provide the basic services and infrastructure that fuels economic growth in the State of Arizona. Why does the Legislature want to tie your hands, drastically slash your revenues and then impose "make work" reporting requirements? Although we knew this would not be a good legislative year for cities and towns, nothing prepared us for the vehemence and depth of the attacks we have seen. There are at least several months left of this session -and so far there does not seem to be any end in sight of how legislators want to impose their view of the world on local governments. We hope you are at least letting them know that you are watching. Bad Revenue Sharing Bill Passes Another Committee The Senate Finance Committee this morning approved S. 1115 which takes urban revenue sharing over 5 years from all cities and towns with populations of over 100,000. If the full phase out were in effect this year, the hit to local treasuries of the affected cities and one town would be $292 million. All of the money "saved" would be used to fund a percentage reduction in the state income tax. The bill had been approved last week in Senate Appropriations and was further amended and "improved" in today's Finance Committee action. The net effect of the bill is to reduce the larger cities and towns share of the state income tax from the current distribution to zero after 5 years. It couples that reduction with authority for those same cities to impose a local income tax. Atone of the legislative days held during the last two weeks, several local officials from small communities correctly identified this bill as a classic case of divide and conquer. Right now, there is a perception that at least some of the large cities are vulnerable so hit them now and do the rest later. Some of the proponents are even trying to justify this measure as the ultimate in local control. Since they are some of the same legislators who seek to preempt local authority on many different fronts, that claim tends to ring hollow. Today's vote was 6 to 2 with Senators Jorge Garcia and Gabrielle Giffords voting with us. Voting for the bill and to take this money away from cities and towns were: Senator Dean Martin, the chair of the Committee, Senator Jack Harper, Bob Burns who sponsored the amendment, Ron Gould who indicated last week that he would like to take the money away from all the cities and towns, Karen Johnson and Ken Cheuvront. Senate Finance Votes to Make it Harder for Your Bond Elections to Pass Today the Senate Finance Committee passed SCR 1034, Secondary Taxes; Supermajority Voter Approval. This legislation would place a measure on the next general election ballot to require atwo-thirds vote of the qualified electors of a city, town, county, community college district or school district seeking voter authorization for a property tax levy for expenditures in excess of budget limits prescribed by law, payment of principal, interest and redemption charges on bonded indebtedness or any other residential property tax that is exempt from constitutional limitations and that requires voter approval. This bill would make it extremely difficult for city and town bond measures to pass and would endanger some very important projects in your community. The Committee approved the measure by a vote of 5-3 with Senators Bob Burns, Ron Gould, Karen Johnson, Jack Harper and Dean Martin voting yes. Thanks to Senators Ken Cheuvront, Jorge Garcia and Gabrielle Giffords for voting no and opposing this very harmful legislation. SCR 1034 was only assigned to the Senate Finance Committee, so it will be working its way through Rules, caucus and to the Senate floor. If placed on the ballot and enacted, this bill would have very dire consequences. Please make sure to let your Senators know that you oppose this legislation and please let us know if you have examples of bonds that would not have passed if this bill were enacted. LEGISLATIVE BULLETIN February 25, 2005 PAGE 2 Legislature Seeks To Amend Your Local Tax Code The business community, or at least some members of it like COX cable, are unhappy with the way cities and towns handle sales tax refunds and the interest rates charged on delinquencies or paid on refunds. So they took their case to the Legislature this week and got at least one Committee to agree with them. H. 2055 was another strike-everything amendment this week considered by the House Ways and Means Committee. The bill principally affects the 12 cities which collect and administer their own sales tax rather than contracting with the State Department of Revenue. It specifies a different procedure for the payment of refunds prohibiting cities from requiring the taxpayer to give the money back to their customers. It would also specify that the interest rate charged or paid by cities would be calculated using an IRS index rather than the standard 1 charged today. The bill was considered even though the Municipal Tax Code Commission met and deliberated on the issue last Friday. The Commission had committed to work expeditiously on the issue and meet again in a month for resolution of the issue, but the business reps did not want to wait. Amending the model city tax code at the Legislature is always unfortunate. First, it further erodes local taxing authority and the ability of local officials to determine local tax policy. In addition, it creates confusion when state law preempts local code provisions because state law then says one thing while the code says another. Last but not least, the change would apply to any pending litigation on June 30, 2005. Some are concerned that this is an attempt to win a court case by changing the law at the Legislature. We appreciate the votes of the three legislators who stuck with us on this bill. They are Representatives Jack Brown, Ann Kirkpatrick and Leah Landrum Taylor. Unfortunately the remainder of the Committee -all six of them -voted yes. The bill now goes to the floor of the House for a vote. If you support local taxing authority, please urge your Representatives to oppose HB 2055. Blue Stake Reform Bill is Blocked in Committee 5.1417, Excavation Markers; Procedures was defeated in the Senate Commerce and Economic Development Committee on Wednesday by a four to four vote. The bill, sponsored by Senator Jim Waring and being pursued by a number of private utilities and contractors, has numerous reform measures for the blue stake process. Many of these reforms are positive such as the requirement that all future underground infrastructure be installed with location detection devices. However, the bill also includes a requirement that cities and towns take the responsibility of marking all sewer lateral lines. For existing lines, municipalities typically have not constructed them, do not have ownership responsibility and quite often do not know where they are located. In addition to the added cost of locating and marking the lines, this provision would create a tremendous amount of liability for cities and towns in the event that damage or emergencies occur as a result of lines being incorrectly marked. Through a series of meetings with various municipal officials, it was determined that the League's position was to support all of the provisions of the bill except for the marking of existing lateral lines. The proponents, led by Southwest Gas, opted to pursue passing the bill without removing the offending language. The defeat of the bill in Committee will hopefully steer reform efforts in the direction of either excluding the existing lateral line requirement or compromise language to which we can agree. Please thank Senators Carolyn Allen, Gabrielle Giffords, Richard Miranda and Jay Tibshraeny for their "no" votes on this bill. We will keep you posted on any further developments. Good News for Bad Drivers This week the Senate Transportation Committee considered several bills that will impact the speed limits and speeding in your city or town. Some of the bills may sound familiar as they were also listed on last week's agenda and discussed in the previous Bulletin, but did not advance last week. Unfortunately, the Senate Transportation Committee passed the bills this week. The first bill that passed the Committee on Tuesday was S. 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. Despite extensive testimony against the bill last week and more testimony this week, the bill passed by a 3-1 vote with Senator Victor Soltero casting the lone "no" vote. S. 1324, which 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, passed after strong arguments in favor of the legislation from the bill's sponsor, Senator Thayer Verschoor. He cited evidence from three other states' department of transportation websites as the reason why this should be done in Arizona. The bill passed the Committee by a vote of 3-0. -continued - LEGISLATIVE BULLETIN February 25, 2005 PAGE 3 In a bizarre twist, S. 1328, Photo Enforcement; Process Server Costs, which was defeated in the same committee last Tuesday, was reconsidered this week and passed by a 4- Ovote. Originally, the bill 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. There was an amendment this week, which took out that provision and left one remaining part requiring people who are served notice of a photo radar violation by a process server to pay for the costs of the process server. Because this is already done in cities and towns, there was no opposition, however, we will be keeping a close watch on S. 1328 should any of the other photo radar provisions return in a later floor or House amendment. All three bills were only assigned to the Senate Transportation Committee and now make their way to Senate rules and caucus. More Good News for Bad Drivers A few weeks ago in the Bulletin, we reported to you on S. 1038: Defensive Driving School; Eligibility. This legislation would allow a person who has received a civil traffic violation who goes to court to fight the ticket to be eligible to attend defensive driving school, even if the court finds them guilty. This bill passed the Senate by a vote of 21- 9 and is awaiting a committee assignment and hearing in the House. S. 1038 was amended on the Senate floor to require a person to pay court costs if they are found guilty, however, cities and towns are still concerned about the impacts of this bill. While court costs would be paid, it is unclear if these costs would cover expenses such as additional court staffing required because of an increase in traffic hearings under this bill. Additionally, police departments would be affected if city and town police officers need to appear more often in hearings on civil traffic citations. According to figures from the courts system, there were approximately 30,000 contested traffic tickets in Fiscal Year 2004 and over 226,000 people that went to defensive driving school. If even a fraction of the 226,000 people going to defensive driving school contested their tickets, as S. 1038 proposes, the number of traffic hearings in municipal courts could increase dramatically. The bill has not been assigned to a House committee yet and we will keep you posted on its progress. League Debt Limits Resolution Passes Second House Committee HCR 2006, a League Resolution sponsored by Representative John Nelson, was heard in the House Ways and Means Committee this week. The resolution asks voters at the 2006 general election to amend the Constitution to allow municipal debt limitations on public safety and transportation projects to be set at 20%, rather than the current 6%. The bill passed the committee by a vote of 8-0. We would like to thank Representative Nelson for sponsoring this important legislation. If you speak with any of your legislators, please ask for their support on HCR 2006, Municipal Debt Expansion. The bill will be working its way through House Rules and caucus and then to the House floor. League Resolution on Bonds Passes Senate Government Committee Today the Senate Government Committee passed S. 1380, Local Obligation Bonds; Amount, which is a League resolution brought forward by the City of Scottsdale. This bill removes the limitations on General Obligation bond issue premiums, which will allow the additional revenue from the premiums to be used as part of the debt service on the bond, lowering the interest owed by the municipality. S. 1380 passed the Committee unanimously. Thanks to Senator Dean Martin for bringing this bill forward. The bill was only assigned to the Government Committee and moves next to Rules and caucus in the Senate. Liquor Bill Clears Second Committee S. 1413, Liquor Licenses; Ownership; Local Agreements passed its second Senate committee and is now ready to make its way to the Senate floor. This bill is the result of a League resolution and is sponsored by Senator John Huppenthal. S. 1413 passed the Commerce and Economic Development Committee by a vote of 8-0. 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 -continued - LEGISLATIVE BULLETIN February 25, 2005 PAGE 4 provisions to crack down on hidden ownership of liquor establishments to prevent unsuitable individuals from controlling a liquor license. 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. Referendum Signature Bill Rises Again On Tuesday, the House Counties, Municipalities & Military Affairs (CMMA) Committee passed the referendum signatures bill for the second time this session. This bill originally passed the CMMA Committee on January 25`h however, it was also assigned to the House Judiciary Committee and did not receive a hearing in that committee This week, the bill was resurrected as H. 2053 with astrike- everythingamendment. For those of you that are new to the legislative process, astrike-everything amendment is an amendment that erases the original bill and replaces it with new language on any subject (it does not have to be related to the underlying bill). This bill may sound familiar, as it is similar to the League's referendum signatures bills in the past. This year's legislation would apply to municipalities under 50,000 and changes the requirement for signatures to place a referendum on the ballot from 10% of the citizens who voted in the last city or town election to 10% of the city or town residents that voted in the last gubernatorial or presidential election. While it is not a League resolution this year, the town of Marana is pursuing the reform and we are supportive of their efforts. The bill passed the House Counties, Municipalities & Military Affairs Committee by a vote of 8-2 with Representatives Tom Prezelski and Albert Tom voting "no." Thanks to Committee chair, John Nelson, for sponsoring this bill and for his support on this issue. H. 2053 moves next to House Rules and caucus. Time Flies Although it may be hard to believe, this week marks the traditional halfway point of the legislative session. At the beginning of each session, the Senate President and Speaker of the House set deadlines for the last date that bills can be heard in their house of origin. The deadline this year was February 25`h, which means that after this week, House bills cannot be heard in House hearings and Senate bills cannot be heard in Senate hearings. Any House bill not receiving a House hearing and any Senate bill not receiving a Senate hearing are considered "dead" at this point. The reason this week is considered the traditional halfway mark is because after this week, the bills switch chambers and House bills receive Senate hearings and Senate bills receive House hearings. As you can see by the length of this week's Bulletin, the week of the deadline to hear bills in their house of origin is usually quite hectic, with legislators and lobbyists scrambling to get their bills heard before the deadline and committee hearings usually last at least several hours. In other legislative session news, the House and Senate have indicated that next week will be the "budget" week in which a budget is introduced and discussed in both chambers. It is unlikely that the entire budget process will be finished in one week, but at this point, it looks like the Legislature's attention will be focused on the budget next week. Because the budget is traditionally the main sticking point of the legislative session and the cause behind a late adjournment date, it is encouraging to see that this issue is being addressed so early in the session this year. LEGISLATIVE BULLETIN February 25, 2005 PAGE 5 \~ N~,,,~ ,._,~-= .: IN THIS ISSUE Proposed Urban Revenue Sharing Hit is Derailed .. . LEGISLATIVE BULLETIN Issue No. 8 March 3, 2005 Proposed Urban Revenue Sharing Hit is Derailed After gaining momentum in the Senate last week by clearing the Senate Finance Committee, the striker amendment to S. 1115, which would have taken urban revenue sharing away from cities and towns with populations over 100,000, was essentially derailed for the year. Cable Bills Taken off the Fast Track .................1 Budget Week Begins ..... 2 Tax Incentives Bills go to the Senate Floor ........ 2 A Traffic Jam of Transportation Bills ...... 2 County Islands Bill Continues to Move ..............3 Water Planning Bill Clears Two Committees, Awaiting Floor Action ............ 3 SPEC/AL Standing Up for Cities, /nvesting in Arizona - Message from Governor Janet Napolitano league of ,~1ri~ona Cities ,~,~~.To`vns 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 In[emet: www.azleague.org On Monday, Senate President Ken Bennett met with Mayors Boyd Dunn, Phil Gordon, Hugh Hallman, Keno Hawker, John Keegan and Mary Manross to discuss S. 1115 and the other attacks on local tax authority and revenues that have been generated by the Senate this year. At the meeting, President Bennett reasserted his strong support of state shared revenue and also indicated that he believed that there was not enough support in the Senate to pass the bill. Governor Janet Napolitano also intervened this week by holding a press conference on Wednesday to assail the numerous bills attacking cities and towns that have been introduced by the Legislature this year. She committed that she would not approve a state budget that included reductions in state shared revenue. A statement from the Governor is attached to this bulletin. While the proponents of the bill have claimed that all they wanted to do was send a "message" to cities and towns regarding our alleged "wayward" fiscal practices, it was also very apparent that they would have gone beyond message giving and gone through with revenue sharing cuts if there were enough votes to do so. This serves as a good reminder to all that while we have strong support from leaders such as Senator Bennett and Governor Napolitano, we also have some major detractors who will continue to look for opportunities to slash local revenues and preempt local authority. Cable Bills Taken Off of the Fast Track While it initially appeared as if the cable industry had finally obtained enough votes to get their bill out of the Senate this week, Senate President Ken Bennett agreed to delay a vote and provide time to develop a better reform proposal. The vote count had been essentially a tie but changed when Senator Bennett agreed to support the bill if it were amended to allow municipalities to negotiate on the number of public access channels provided. While he would vote for the amended version of the bill, he also indicated that a better alternative could be developed. As part of the Monday meeting with Mayors to discuss urban revenue sharing, he expressed his support for leveling the playing field for cable providers but also wanted to hold municipalities harmless from any cable license fee reductions. He believes that a better long-term solution can be developed that would address taxing inequities among the various service providers and also provide a sound tax structure that would address future entertainment technologies in addition to assuring stable local revenue streams. Such a reform would likely involve the taxation of satellite providers which is authorized at the state level. For example, a reduction in cable license fees could be offset by the creation of a state satellite tax. Revenue from such a tax could be passed on to municipalities. However, any proposal that includes a new tax will face immense political obstacles. While we are disappointed with Senator Bennett's position on passing an amended version of the Cox bill, we applaud his efforts to seek a better alternative. We will keep you posted on future developments. Budget Week Begins This week was a relatively quiet week for legislative committees, as both chambers met in several Appropriations meetings to begin work on the budget. Few details on the overall budget picture are available to date and the Appropriations Chairs are not planning on introducing the actual budget bills until House and Senate leadership convene to work out differences in the budget estimates that are adopted by their respective Appropriations Committees. For now, the Committees are meeting individually and using budget spreadsheets to focus on the bigger agency-by- agency picture. It is doubtful that the budget discussions will be completed by this week. Instead, the negotiations will most likely continue until the figures are adopted and agreed to by the House and Senate. Other than S. 1115, we have not heard of any discussions to reduce to state shared revenue in the budget. With Senator Bob Burns serving as the Appropriations Chair, it is possible that he could attempt to include state shared revenue in the budget. Despite the negative reaction he has received to S. 1115, he has indicated that he will continue to pursue shared revenue reductions. As amended on the floor, S. 1274 now requires the status of the incentive to 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. The business or person receiving the tax incentive is prohibiting from paying for the third party verification. It was also amended to require a two-thirds vote of the governing body and at least two weeks notice prior to approving a tax incentive agreement. Two of the other tax incentives bills, S. 1287, which was mentioned above and is now contained in S. 1274, and S. 1201, Municipal Tax Incentives; Prohibition; Penalty, which is Senator Cheuvront's bill that would deduct the amount of a tax incentive offered by a city or town from that municipality's state shared revenue were both scheduled for Senate floor debate late this afternoon. S. 1201 was amended in committee and now only pertains to Maricopa County and excludes infrastructure, redevelopment, historical district and brownfield projects. It passed Committee of the Whole on a vote of 18-9. Because S. 1274 now contains the same provision as S. 1287, it is unknown what will happen to the fate of S. 1287 when it is considered on the floor today. We will continue to update you on these bills as they move to a final vote in the Senate next week. We will make sure to keep you posted as new details of the budget are unveiled. Tax Incentives Bills Go to the Senate Floor With the deadline to hear Senate bills in Senate Committees last week, there has been a flood of legislation making its way to the Senate floor this week. Several of the bills addressing municipal tax incentives are included in the herd of legislation going through Senate floor debate. Yesterday, the Senate debated and amended S. 1274, Municipal Sales Tax Incentives; Restrictions. This is the legislation sponsored by Senator Jay Tibshraeny and as it was originally introduced, would have required a municipality to make a finding prior to adopting the tax incentive that the incentive will raise more money than the amount of the incentive and that without the incentive, the business would not have located in that city or town. S. 1274 was amended in the Senate Finance Committee to place additional mandates on cities and towns prior to adopting a tax incentive. Yesterday on the Senate floor, Senator Tibshraeny offered an amendment, which contained some of the provisions of the Senate Finance amendment, but also included restrictions on adopting tax incentives by emergency measure, which is essentially the same as his other tax incentive bill, S. 1287. A Traffic Jam of Transportation Bills While the House and Senate Transportation Committees did not consider any new harmful legislation for the first week in quite some time, there are still numerous transportation related bills that are pending as the bills make their way to the House and Senate floor. Here is a brief update on each of the bills that have been reported in the last few Bulletins: H. 2119: Photo Enforcement; Civil Penalties -The bill 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. H. 2119 also caps the fine for photo radar civil traffic violations at $50 and exempts red light cameras, criminal speeding and school zones. This bill is awaiting House floor debate and is expected to receive a final House vote next week. H. 2260: Photo Enforcement Traffic Complaints -Another bill that would negatively impact photo radar, this bill requires cities and towns to demonstrate at a hearing on a - continued - LEGISLATIVE BULLETIN March 3, 2005 PAGE 2 photo radar citation that the defendant was driving the vehicle and the photo enforcement device was in proper working order at the time of the violation. H. 2260 also contains several other anti-photo radar provisions. Like H. 2119, this bill is awaiting House floor debate and is expected to receive a final House vote next week. S. 1164: Photo Radar; Controlled Access Highways-This bill prohibits photo radar on freeways. We thought there was a victory in the Senate yesterday when the bill failed by a vote of 14-16, including some surprising "no" votes, however later in the day, Senator Jack Harper successfully motioned for the bill to be reconsidered. It will likely be voted on again in the near future. S. 1321: Driver Point System; Speed Violations -This legislation passed the Senate Transportation Committee last week and will be heading to the Senate floor after Rules and caucus. It makes civil speeding violations worth one point on a person's driving record, rather than the current three points. S. 1324: Speed Limit; Eighty Five Per Cent-Another bill that passed Senate Transportation Committee last week, it requires that the maximum speed on any state highway to be set at the speed at which 85% of the vehicles on the highway are traveling without consideration of any other factors. S. 1324 is also expected to go through Rules and caucus next week. S. 1328: Photo Enforcement; Process Server Costs -The bill's sponsor, Senator Thayer Verschoor amended this legislation to remove all of the harmful photo radar provisions in order to garner support from the Senate Transportation Committee. Unfortunately, he has since indicated that it will be amended on the Senate floor to reinsert some of the photo radar provisions. It is likely to be considered next week on the Senate floor. S. 1330: Vehicle Speed Limits -This bill applies to interstate highways outside of urban areas and would strike the maximum speed limit and allow the Arizona Department of Transportation director to adopt a speed limit that is greater than 65 miles per hour under certain conditions. This bill is expected to be voted on the Senate floor next week. Altogether, these bills amount to quite an assault on traffic safety and photo radar. Please continue to keep in contact with your legislators on the impacts that these bills will have on your community. County Islands Bill Continues to Move The House Federal Mandates & Property Rights (FMPR) Committee passed H. 2131, County Islands; Annexation; Property Rights. As you may remember, this is the legislation that originally would have preempted municipalities from requiring connections to public sewer systems or changing land use regulations on lands annexed from county islands. It was amended in the House Counties & Municipalities 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 passed the FMPR Committee by a vote of 3-2 with Representatives Judy Burges, Chuck Gray and Gary Pierce voting to support the bill. Our thanks to Representatives Manny Alvarez and Tom Prezelski for voting in our favor. The bill moves next to House Rules and caucus and then on to the floor. While the amendment scales down the impact of the bill, H. 2131 is a dangerous precedent for setting two different types of land use regulations in a city or town for those areas that are annexed from county islands and those that are not. It also further differentiates the land use regulations based on lot size. Please contact your members and let them know that you oppose this legislation and the precedent it sets. Water Planning Bill Clears Two Committees, Awaiting Floor Action A bill that requires water providers to prepare water plans that address drought and conservation components has passed both committees to which it was assigned. We first reported to you about H. 2277, Water Providers; Water Plans in the Bulletin in early February when it was heard in the House Natural Resources & Agriculture Committee. The bill was also assigned to the House Counties, Municipalities & Military Affairs Committee, which it cleared last week. The legislation would require community water systems to submit a water plan to the Arizona Department of Water Resources that includes water supply, drought preparedness and water conservation components. The bill applies to community water systems, which are defined as public water systems that serve at least 15 service connections used by year-round residents or that regularly serve at least 25 year-round residents. H. 2277 also differentiates between large and small providers and specifies different reporting dates for each. H. 2277 moves next to House Rules and caucus and after that, will be making its way to the House floor. LEGISLATIVE BULLETIN March 3, 2005 PAGE 3