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Home My WebLink About05/17/2005 Council Agenda Packet TOWN OF N~iARANA, A?RIZONA COUNCIL MEETING AGENDA 11555 W. Civic Center Drive 11~ay 1?, 2005 - ?:00 p.m. Mayor Ed Honea Vice Mayor Herb Kai Council Member Jim Blake Council Member Patti Comerford Council Member 1Ym Escobedo Council Member Carol McGorray Welcome to this Marana Council Meeting. Regular Council Meetings are usually held the first and third Ttiesday of each month at 7:00 p.m. at the Marana Municipal Complex, 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. T6is 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 M the Councit during Petitions and Comments, Public Hearings, or other agenda items, you must fill out a speaker card (at the rear of the Council Chsimbers) 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 8c 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 conduc~ Any person interfering with the meeting in any way, or acting rudely or loudly will be removed from the raeeting and will not be allowed M 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 rnpy of this agenda or questions about the Council Meetings, special services, or procedures, please contact Jocelyn C. Bronson, Town Clerk, at 382-1~9, 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 May 16, 2005, 7:00 o'clock p.m., at the Marana Municipal Complex and at www.marana.com under Town Clerk, Minutes and Agendas. 1 TOWN OF MARA]KA, ARIZONA COUNCIL MEETING AGENDA 11555 W. Civic Center Drive May 1?, 2005 - ?: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 Apri119, 2005 Regular Meeting Minutes of Apri119, 2005 Study Session Minutes of Apri126, 2005 Special Meeting Minutes of May 3, 2005 Regular Meeting Minutes of May 10, 2005 Special Meeting VII. CALL TO THE PUBLIC ~ AIVNOUNCEMENTS ~ 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 wislung M 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 PubGc, 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 iteras 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. 2005-55: Relating to Development; approving and authorizing the execution of a second amendment M the Amended and Restated Developraent Agreement and Intergovernmental Agreement (Red Hawk Canyon) dated January 27, 1995, and amended June 20, 1995, in anticipation of the sale of District refunding bonds in the approuimate aggregate principal amount of $5,070,000 (~Yank Cassidy) 2 TOWN OF ~IiIARANA, ARIZONA COUNCIL 11~EETING AGENDA 11555 W. Civic Center Drive May 1?, Z005 - ?:00 p.m. 2. Resolution No. 2005-56: Relating to Development; accepting the Red Hawk Canyon Community Facilities District No. 1 certification regarding compliance with the terms of the Amended and Restated Development Agreement and Intergovernmental Agreement (Red Hawk Canyon) dated January 27, 1995, and amended June 20,1995, in anticipation of the sale of District refunding bonds in the approa~imate aggregate principal amount of $5,070,000(Frank Cassidy) 3. Resolution No. 2005-57: Relating M the Marana Regional Airport; apprnving Arcl?itecture & Landscape Design Standards (Charlie Mangum) B. COUNCIL ACTION 1. Proclamation: Wheeler Taft Abbett (Mike Reuwsaat) 2. PUBLIC HEARING: Ordinance No. 2005.13: Reladng to Development; rezoning 34.6 acres of land from ~R-36'~ M Zone `~F~ and creating the proposed Casa Sevilla Specific Plan (Barbara Berlin) 3. Resolution No. 2005-58: Relating to Development; approving a preliminary plat for Tangerine Crossing, Lots 1-346 and Block 1-4 (Barbara Berlin) 4. Resolution No. 2005-59: Relating to Development; approving and authorizing the execution of a development agreement with DM Marana Investors LLC, regarding the Sanders Grove development project (Frank Cassidy) 5. State Legislative Issues: Discussion/Direction/Action regarding all pending bills before the Legislature (Mike Reuwsaat) C. MAYOR AND COUNCIL'S REPORT D. MANAGERS' REPORT X. FUTURE AGENDA ITEMS XI. ADJOURNMENT 3 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL APRIL 19, 2005 PLACE AND DATE Heritage Highlands Clubhouse, April 19, 2005 L CALL TO ORDER By Vice Mayor Kai at 7:03 p.m. II. PLEDGE OF ALLEGIANCE Led by Vice Mayor Kai. III. INVOCATION/MOMENT OF SILENCE IV. ROLL CALL COUNCIL Bobby Sutton, Jr. Mayor Excused Herb Kai Vice Mayor Present Jim Blake Council Member Present Patti Comerford Council Member Present Tim Escobedo Council Member Present Ed Honea Council Member Present Carol McGorray Council Member Present STAFF Mike Reuwsaat Town Manager Present Jaret Barr Asst. Town Manager Present Frank Cassidy Town Attorney Present Jocelyn Bronson Town Clerk Present Attached is a list of public attendees. V. APPROVAL OF AGENDA Upon motion by Council Member Comerford, seconded by Council Member McGorray, the agenda was unanimously approved. VL ACCEPTANCE OF MINUTES Upon motion by Council Member McGorray, seconded by Council Member Blake, the minutes of the December 21, 2004 and April 5, 2005 Regular Council Meetings were unanimously approved. VII. CALL TO THE PUBLIC ~ ANNOUNCEMENTS ~ INTRODUCTIONS ~ UPCOMING EVENTS 1 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL APRIL 19, 2005 Jim Cosbey addressed the Council and announced that he was retiring from the Stockmen's Bank in Marana, where he had been the Vice-President and Manager. He introduced Bill Farris, who would be replacing him as the Manager. Mr. Farris came to Stockmen's Bank in Marana from another branch in Safford, Arizona. Mr. Farris introduced himself to the Council and said that he looked forward to being in Marana and working with the Community. Nancy Ledeboer, Library Director of the Tucson-Pima Public Library addressed the Council and introduced Pat Corella, also from the Tucson-Pima Public Library. Ms. Ledeboer spoke about the Continental Ranch library and said that they would try to meet the needs of the community through a variety of new and ongoing programs and services. Dave Parker addressed the Council and said that his daughters attended Casas Christian School. He announced that the school took part in a program called Odyssey of the Mind and that one of his daughters' teams had taken first place in the state and would be going to Boulder, Colorado to compete nationally. The school is trying to raise $20,000 for the students to attend this event. He was at the meeting to solicit donations which could be made by contacting the school directly. Dorothy Taylor addressed the Council and asked the Council to consider adopting an ordinance that would prohibit all terrain vehicles (ATVs) and dirt bikes on less than ten acres of land. She told of a recent experience regarding a neighbor who had brought in dirt to build obstacle courses on his property for ATVs. The noise and dust pollution caused by this should be regulated as it prohibits neighbors from enjoying being outdoors on their own property. She said that Pima County and Oro Valley had similar ordinances. Ed Stolmaker, Marana Chamber of Commerce, addressed the Council and gave the Chamber's quarterly report. He announced that more new members had joined in the first quarter of 2005 than in 2004 and that the number of visitors to the Visitors' Center had risen from 375 in 2004 to 1,296 in the first quarter of 2005. He thanked the Town of Marana for staff assistance with the Mayor's State of the Town address. Finally, he announced that the Chamber of Commerce and the Business Advisory Committee had worked together to deliver letters to businesses affected by the proposed smoking ordinance. The businesses had been invited to the May 10, 2005 meeting of the Business Advisory Committee, and so far there was a good response. Roy Cuaron addressed the Council and urged people to vote in favor of the Alternative Expenditure Limitation - Home Rule Option, which would be on the ballot on Marana's May 17, 2005 General Election. He announced that staff would be at Heritage Highlands on May 2, 2005, 7:00 p.m., to address questions from the public; and again on May 10, 2005 at Sunflower at 6:30 p.m. Council Member McGorrary introduced her mother, Marjorie Serrey, who was visiting from Boston, to the Council and the public. VIIL STAFF REPORTS 2 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL APRIL 19, 2005 There were no questions. IX. GENERAL ORDER OF BUSINESS A. CONSENT AGENDA 1. Resolution No. 2005-40: Relating to Development; approving a final plat for Continental Ranch Parcel 39 (Barbara Berlin) 2. Resolution No. 2005-41: Relating to Development; approving a final plat for Silver Shadows Lots 1-7 (preliminary plat approved as Silverbell West Lots 1-7) (Barbara Berlin) 3. Resolution No. 2005-42: Relating to Health; supporting legislative changes to Arizona law to promote improvements in the availability of health care professionals and quality of health care in the Town of Marana and the State of Arizona (Mike Reuwsaat) 4. Resolution No. 2005-43: Relating to Development; approving and authorizing the execution of the Fourth Amendment to Gladden Farms Development Agreement; and declaring an emergency (Frank Cassidy) 5. Resolution No. 2005-44: Relating to Real Estate; confirming the abandonment of Sandario Road south of Moore Road and north of the Santa Cruz River; and declaring an emergency (Frank Cassidy) Upon motion by Council Member Escobedo, seconded by Council Member Blake, the consent agenda was unanimously approved. B. COUNCIL ACTION 1. Relating to Real Estate: Presentation of the recommended improvements, costs and schedule for roadway improvements within the Honea Heights Neighborhood (Kevin Thornton) Mike Reuwsaat, Town Manager, addressed the Council and gave a brief introduction to the item, which had been discussed at the February 1 S, 2005 Council Meeting. He introduced Kevin Thornton, who presented the item to the Council. Mr. Thornton addressed the Council and said that the Honea Heights improvements would be taking place in four phases. The first phase was Pima County installing the sewer mainlines. He said the maximum cost of this would be $1.5 million, with the Town of Marana being responsible for $510,000. Total construction time would be nine months. The second phase would be street paving, and would begin immediately after the first phase was complete. The cost of this phase was a little over $700,000 and would take three months to complete. The third phase was connecting the individual property owners to the sewer. The 3 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL APRIL 19, 2005 cost to the Town would be $188,240 over a three year period. This would begin at the same time as the second phase. There would be about $5,000 per home as a connect-up fee. The final phase would be the sidewalks. This would cost a little under $600,000 and would be completed in 2008 or 2009. This phase would take place after the third phase was complete to ensure that sidewalks were not damaged by the heavy equipment that would be going in and out during the third phase. Vice Mayor Kai asked about protection for the costs during the third phase. Mr. Reuwsaat responded that staff had made the $5,000 estimate at the high end to ensure that there would be protection. Upon motion by Council Member Comerford, seconded by Council Member McGorray, the Honea Heights Neighborhood Improvement Plan was unanimously approved. 2. Ordinance No. 2005.02: Relating to Development; approving a rezoning for a veterinary clinic at 8300 N. Silverbell Road (Barbara Berlin) Mr. Reuwsaat addressed the Council and gave a brief introduction to the item, which had been discussed at the January 18, 2005 public hearing, where there had been a number of questions raised. Barbara Berlin addressed the Council and said that since January 18 there had been additional outreach to the neighborhood. The Continental Ranch Homeowners' Association would not allow an increase in wall height. Ms. Berlin stated that the homeowners were now approving of the rezoning. Staff was not recommending a change in the access in and out of the site. She discussed the hours of operation and stated that if the applicant wanted the hours to be earlier than 5:00 a.m. or later than 11:00 p.m. a conditional use permit would be required. She concluded by stating that there would be two more steps to the process if the rezoning was approved by the Council. Upon motion by Council Member Escobedo, seconded by Council Member Honea, Ordinance No. 2005.02 was approved by a 5-1 vote (Council Member Comerford dissenting). 3. Communitv Development Block Grant Fundin~ (CDBG): Request for approval of priorities for 2005 (Dan Groseclose) Mr. Reuwsaat addressed the Council and gave an introduction to the item. He said that the Town of Marana had received funding from Pima County averaging $194,000 over the last 15 years. This year the Town was requesting $205,000. He briefly explained the five proposed categories: Administration, Affordable Housing, Housing Rehabilitation, Honea Heights Sewer and Neighborhood Smoke Alarms. Neighborhood smoke alarms was a new item this year. 4 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL APRIL 19, 2005 Upon motion by Council Member Honea, seconded by Council Member McGorray, the recommended priority list of 2005 CDBG projects was unanimously approved, and staff was directed to submit the approved requests to Pima County. 4. Resolution No. 2005-45: Relating to Real Estate; authorizing the acquisition by negotiation or condemnation of a permanent drainage easement needed for the construction of Cortaro Farms Road between the Union Pacific Railroad and Star Grass Drive; and declaring an emergency (Frank Cassidy) Frank Cassidy, Town Attorney, addressed the Council and gave a brief introduction to the item. He stated that the condemnation was necessary to acquire a drainage easement east of I-10 and north of Cortaro Farms Road. The condemnation is necessary before filing an amended complaint against Tucson Electric Power Company (TEP). Upon motion by Council Member Escobedo, seconded by Council Member McGorray, Resolution No. 2005-45 was unanimously approved. 5. Resolution No. 2005-46: Consideration and possible adoption of a Resolution of the Mayor and Common Council of the Town of Marana, Arizona, a municipal corporation of Arizona, ordering and declaring formation of Vanderbilt Farms Community Facilities District; approving and authorizing the execution and delivery of a District Development, Financing Participation and Intergovernmental Agreement (Vanderbilt Farms Community Facilities District); and declaring an emergency. (Roy Cuaron) Mr. Cuaron addressed the Council and gave a brief introduction to the item, which was to approve formation of a Community Facilities District for Vanderbilt Farms. The area is on 491 acres of land. He said that the Community Facilities District would be eligible for bonds and would be funded by $31.5 million in bond money; approximately $10.5 million of which would be going to the developer. The developer would not be allowed to issue a tax greater than $2.08, which would be less than $50 per month for a$200,000 home. Upon motion by Council Member McGorray, seconded by Council Member Blake, Resolution No. 2005-46 was unanimously approved. Mr. Reuwsaat addressed the Council and said that he wanted to commend Mr. Cuaron, Mr. Cassidy, Mr. Barr and Mr. Pena for their work on this item. He also announced that the Council would go into the Community Facilities District meeting immediately following the conclusion of this meeting. 6. State Legislative Issues: Information only. (Mike Reuwsaat) Mr. Reuwsaat addressed the Council and said that the Cable TV bill would be coming back again. 5 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL APRIL 19, 2005 C. MAYOR AND COUNCIL REPORT Council Member McGorray announced that Tony Lopez and Raymond Mendizabel from Marana High School had been given certificates of appreciation from the Town and scholarships to attend college. She was very proud of their accomplishment. D. MANAGERS' REPORT Mr. Reuwsaat spoke regarding the May 17 election. He said that if the Home Rule Option is not approved, the Town of Marana would have to cut vital services. He said that the funds would still be accumulated through revenue sources, but that if the Home Rule Option failed, the Town of Marana would not be able to use the money. He also announced that May 3, 2005 would be the dedication of the Marana Municipal Complex. He urged the public to attend and announced that the fireworks would start at 8:00 p.m. X. FUTURE AGENDA ITEMS Vice Mayor Kai said a dirt bike ordinance item, as discussed by Ms. Taylor during Call to the Public, would be brought before the Council. XL ADJOURNMENT Upon motion by Council Member Escobedo, seconded by Council Member McGorray, the motion to adjourn was unanimously approved. The time was 7:38 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on April 19, 2005. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk 6 TQWN OF MARANA" , JOINT STUDY SESSION MARANA TOWN CC}UNCIL ANI~ PLANNING & ZONING COMMISSIQN HERITAGE HIGHLANDS CLLTBHC)USE 4949 W~ HERITAGE CLUB BOULEVARD APRiL 19, 2005 - 5:3a F.M. PLACE AND DATE Heritage Highlands Clubhouse, 4949 W. Heritage Club Drive, April 19, 2005 L CALL TO ORDER By Vice Mayor Kai at 5:34 p.m. The study session was held informally and no official roll call was given. II. GENERAI.. ORDER OF BUSINESS 1. Presentation of draft residential design standards Mr. Reuwsaat introduced Barbara Berlin, who proceeded to outline the various components of the new ordinance which would contain neighborhood design standards for the Town. Ms. Berlin indicated the graphics provided by Swaback & Associates and took the Council an Commission on a step-by-step verbal and visual tour starting with Overall Purpose of the new design standards. Perimeter walls will add character instead of giving a sense of a walled-off effect. Collector Street Landscape Medians make the streets friendly and attractive. Open Space/parks eliminate left-over parcels as pocket parks and incorporate actual sites within the project for park locations. The Local Street Plan and Entry Landscape concepts visually enhance the character of the community. Multi-Use Trails integrate with neighborhood amenities. Alley or Court Parking Access provides a safe, attractive and functional aspect to the development. Edge Landscaping eliminates the linear appearance often associated with current development. Front Porches and Courtyards encourage pedestrian-friendly streetscapes. Small lots are designed for upscale, high-density building. Garage Layout creates a streetscape experience that is not about the garage. Multi-Story Dwellings and Front Dwelling Facades present unique feature elements, and Excess Height and Color Palette are incorporated to enhance rather than detract from the community. Council Member Honea commented on R-6 zoning. Ms. Berlin stated that there was a need to add specificity to the ordinance regarding improved standards on density on small lots. Other items would be addressed on each specific peice when preliminary plats were presented to Council for approval. Mike Reuwsaat noted that a greater level of scruitiny will be implemented when deviating from new standards. Commissioner Parker suggested appointing a design review committee similar to what homeowner associations have. Mr. Reuwsaat again noted that the purpose of the new design standards was to create a community sense through a diverse product. TOWN OF MARANA JOINT STUDY SESSION 1VIAR.ANA TQWN C~UNCIL AND PLANNING & Z~N1NG C~IVIMISSION HERITAGE HIGHLANDS CLLTBHQVSE 4949 W. HERTTA~E GLt7B BOLTLEVAT~U APRIL 19, 2005 - 5:3~ P.M. III. ADJOURNMENT The study session concluded by unanimous consent at 6:13 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the study session held on April 19, 2005. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk TOWN OF MARANA SPECIAL COUNCIL MEETiNG 13251 N. Lcjn Adams Road APRIL 26, 2005 - 7;4~ P.M. PLACE AND DATE Marana Town Hall, 13251 N. Lon Adams Road, Marana, Arizona 85653 L CALL TO ORDER By Vice Mayor Kai at 7:00 p.m. All Council Members were present except for Mayor Sutton, who was excused. IL GENERAL ORDER OF BUSINESS A. COUNCIL ACTION 1. Executive Session pursuant to A.R.S. §38-431.03(A)(3) and (4), to consult with the Town Attorney for legal advice relating to and arising as a result of United States District Court, District of Arizona, case number CROS 0826 TUC, and the Town's position and legal issues regarding an indemnification agreement with Mayor Bobby Sutton relating to the case. The Vice Mayor requested a motion to go into Executive Session. Council Member Escobedo made the motion, seconded by Council Member Blake, and it was unanimously approved at 7:02 p.m. 2. Resolution No. 2005-47: Relating to Mayor and Council; approving and authorizing the Vice Mayor to execute an indemnification agreement with Mayor Bobby Sutton, providing for payment of attorneys' fees and costs arising out of United States District Court, District of Arizona, case number CROS 0826 TUC, subject to certain conditions, and declaring an emergency (Frank Cassidy) At 7:32 p.m., the Council reconvened on the dais. Mr. Reuwsaat requested that Town Attorney Frank Cassidy describe the specifics of the indemnification agreement. Mr. Cassidy did so and noted that indemnification by the Town Code and by law is appropriate. Vice Mayor Kai asked for a Call to the Public, at which time the following persons came forward to speak on the agenda issue. Jim Shiner, owner of Lazy K Bar Guest Ranch, spoke in support of the indemnification agreement. Roxanne Ziegler, fortner Council Member, spoke on behalf of herself and other residents, requesting the resignation of the Mayor, effective immediately. Dan Sullivan, resident, spoke in support of the resolution. Bob McCrea, former Council Member, noted that the legal system, the best in the world, should be allowed to do its job. TOWN 4F MARANA SPECIAL GtJUNCIL MEETING 13251 N. Lon Adams Road APRIL'26, ZOC15 - 7;Q0 P.M. Hurvie Davis, 9347 N. Wishing Star Drive, former Town Manager, noted that in his 40 years of public service experience, many elected officials and staff would not have been able to serve their communities unless they knew they would be held harmless through some kind of indemnification, and he recommended that the resolution be passed. A motion was made by Council Member Comerford and seconded by Council Member Escobedo to approve the resolution. Vice Mayor Kai asked the Town Clerk to poll each Council Member for the vote. All present voted "yes." Vice Mayor Kai then read a prepared statement in support of the Mayor, noting that he would be contributing personal funds to the Mayor's legal fund and asked that the Mayor's supporters do the same. Council Member Honea spoke in support of the Mayor, noting his good personal qualities as well as his services provided to all citizens. Council Member Blake noted that he was first elected to the Council at the same time Bobby Sutton was the first directly elected Mayor. He stated that the Mayor was always supportive and looked out for the best interests of the Town of Marana. Council Member McGorray noted that Bobby Sutton is very community-minded. For several years, everything he did for the community was strictly volunteer. Council Member Comerfard stated that she had known Bobby even befare he became Mayor. She said that he cares deeply about the community, and it's important to remember everything this man has given to the community and move forward. Council Member Escobedo spoke in support of the Mayor and stated that he too will contribute personal funds for legal fees. He ended by stating that the Court will determine guilt or innocence. Upon motion by Council Member Escobedo and seconded by Council Member Comerford, the meeting was adjourned at 7:55 p.m. III. ADJOURNMENT Upon motion by Council Member Escobedo and seconded by Council Member Comerford, the meeting was adjourned at 7:55 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the special Council Meeting held on April 26, 2005. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX MAY 3, 2005 The Marana Municipal Complex Dedication/Ribbon Cutting Ceremony was held prior to the Council Meeting. There was no Council Action at the Ceremony. PLACE AND DATE Marana Municipal Complex, May 3, 2005 I. CALL TO ORDER By Vice Mayor Kai at 7:01 p.m. II. POSTING OF THE COLORS The Flowing Wells JROTC presented the flags. III. PLEDGE OF ALLEGIANCE Led by Vice Mayor Kai. IV. INVOCATION/MOMENT OF SILENCE The invocation was given by Father Abran Tadeo from the St. Christopher Catholic Church. V. ROLL CALL COUNCIL Herb Kai Vice Mayor Present Jim Blake Council Member Present Patti Comerford Council Member Present Tim Escobedo Council Member Present Ed Honea Council Member Present Carol McGorray Council Member Present STAFF Mike Reuwsaat Town Manager Present Jaret Barr Asst. Town Manager Present Frank Cassidy Town Attorney Present Jocelyn Bronson Town Clerk Present VI. APPROVAL OF AGENDA Upon motion by Council Member Honea, seconded by Council Member McGorray, the agenda was unanimously approved. VII. ACCEPTANCE OF MINUTES There were none. VIII. STAFF REPORTS There were none. IX. GENERAI~ ORDER OF BUSINESS 1 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX MAY 3, 2005 A. CONSENT AGENDA 1. Resolution No. 2005-48: Relating to Water Service: approving and authorizing the execution of the Agreement between the Town of Marana and Richmond American Homes for Construction of Water Facilities Under Private Contract for Gladden Farms Block 2 (Brad DeSpain) 2. Resolution No. 2005-49: Relating to Animal Control; approving Amendment No. 02 of the Intergovernmental Agreement with Pima County Animal Care Center for the provision of animal control services within the Town of Marana (Jocelyn Bronson) 3. Resolution No. 2005-50: Relating to Relating to Development; approving a final plat for Saguaro Ranch T-Bench Bar (Barbara Berlin) 4. Resolution No. 2005-51: Relating to Development; approving a final plat for Saguaro Ranch South Amended Lots 1-31 (Barbara Berlin) 5. Resolution No. 2005-52: Relating to Real Estate; authorizing the acquisition by negotiation or condemnation of lands and property rights needed for project no. 99- 076, Cortaro Farms Road, Union Pacific Railroad to Star Grass Drive; and declaring an emergency (Frank Cassidy) 6. Resolution No. 2005-53: Relating to Police; approving and authorizing the Chief of Police to execute an intergovernmental agreement with the Arizona Division of Emergency Management for purposes of the 2004 Homeland Security Grant Program (Richard Vidauri) 7. Resolution No. 2005-54: Relating to Police; approving and authorizing the Chief of Police to execute an intergovernmental agreement with the Arizona Division of Emergency Management for purposes of the 2004 Law Enforcement Terrorism Prevention Program requirements of the Homeland Security Grant Program (Richard Vidaurri) 8. Proclamation: 36`h Annual Municipal Clerks Week (Jocelyn Bronson) 9. Proclamation: Public Works Week 2005 (Harvey Gill) Upon motion by Council Member Escobedo, seconded by Council Member Blake, the consent agenda was unanimously approved. X. CALL TO THE PUBLIC Vice Mayor Kai welcomed everyone to the first Council Meeting held in the new Chambers. He said that this was the fourth Town Hall in Marana's History. They now had the space and the technology to improve business. They would now be able to meet the community's needs for parks and recreation, roads, police and economic development. He said that it was exciting to know that future Town Councils would lead Marana from the same Council Chambers. Council Member McGorray thanked the elected officials and appointed representatives that were present at the meeting. She said the Town had worked closely with federal, state, Pima County, Tucson, South Tucson, Sahuarita, Oro Valley, the Tohono O'odham Nation and the Pascua Yaqui 2 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX MAY 3, Z005 Tribe. She thanked Pima County Supervisors Sharon Bronson and Ann Day, the Town's representatives. She also recognized Pat Kline (representing Congressman Jim Kolbe), Rueben Reyes (representing Congressman Raul Grijalva), Rudy Grijalva (representing Senator John McCain), Arizona State Representatives Pete Hershberger and Jennifer Burns, and Oro Valley Mayor Paul Loomis and Council Members. Council Member Comerford, who served on the building committee, recognized people involved in the planning, design and construction of the Municipal Complex: DL Withers Construction, Durrant Architects, Re Nee Kaiser for the seal in the lobby and behind the dais, Town Manager Mike Reuwsaat, Construction Managers Tim Allen and Morris Reyna, and senior staff Diane Mangialardi, Tony Casella, and Jocelyn Bronson. She thanked the past councils and managers, including former Town Manager Mike Hein, for the goals and visions they had set and provided. She also recognized Council Members Blake and Escobedo, who served with her on the building committee. Vice Mayor Kai thanked the Council Members for their dedication to the project. Council Member Honea acknowledged former mayor Bobby Sutton. He said that though Mr. Sutton had stepped down to focus his energy on personal issues his leadership would not be forgotten. XI. ADJOURNMENT Upon motion by Council Member Escobedo, seconded by Council Member McGorray, the motion to adjourn was unanimously approved. The time was 7:15 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on May 3, 2005. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk 3 MINUTES OF SPECIAL COUNCIL MEETING MARANA MUNICIPAL COMPLEX MAY 10, 2005 PLACE AND DATE Marana Municipal Complex, May 10, 2005 I. CALL TO ORDER By Vice Mayor Kai at 5:35 p.m. II. ROLL CALL COUNCIL 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 III. GENERAL ORDER OF BUSINESS A. COUNCIL ACTION 1. Relating to Mayor and Council; Council election pursuant to Town Code Section 2- 1-4(B) to fill the vacancy in the mayor's position (Frank Cassidy) Upon motion by Council Member Escobedo, seconded by Council Member Blake, Council Member Honea was unanimously elected to fill the vacant mayor position by a roll call vote. Mayor Honea took his seat as Mayor and thanked the Council. He then called on Council Member Escobedo to make a comment. Council Member Escobedo said that this vote showed that the Council wanted to move forward and that they were dedicated to making Marana the best community they could. Mayor Honea began his remarks by thanking his wife, Jan, for her support over the time he had spent on the Town Council. He said he had spent his lifetime in Marana with 17 years as a Council Member. He also noted that the Council very much appreciated the understanding and support received from the community over the past several weeks. Marana is a great place to live and do business, and the Town of Marana is absolutely committed to the residents. 1 MINUTES OF SPECIAL COUNCIL MEETING MARANA MUNICIPAL COMPLEX MAY 10, 2005 Mayor Honea thanked his fellow Council Members by name and said he appreciated the way they were all able to work as a team. Now they were entering the process for the fiscal year 2005-06 budget, and they would continue to focus on community needs such as road construction, parks, trails, and recreation programs for families. They would also focus on attracting jobs to the community to develop the workforce. Mayor Honea closed his comments by saying that the Council's job was to be good public servants to the entire community and to operate a solid community. IV. ADJOURNMENT Upon motion by Council Member Escobedo, seconded by Council Member McGorray, the motion to adjourn was unanimously approved. The time was 5:42 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council special meeting held on May 10, 2005. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk 2 STAFF REPORTS TO COUNCIL ? Building Department ? Parks and Recreation Department ? Clerk's Office ? Planning Department ? Court ? Police Department ? Finance Department ~ Public Works / Engineering Department ? Human Resources Department Y Water Department ~ Marana Arts Council h/admin/forms/staff reports ~ - O ~ o~ p~~~.~ ~ ~ o~ ~ ~ ~ ~ ~ ~ o ~ ~ow~ a~ T , 9 7 qR1Z0~~' I . _ ~ THE DEPARTMENT OF PUBLIC WORKS IS MOVING. Thursday, 19 May and Friday, 20 May, the j~`~ ` Development Service Center located at 3696 W. Orange Grove will be closed. The ` Department of Public Works along with ' the Development Service Center's Building and Planning Departments will be relocati~g to 11555 W. Civic Center Drive, located in Downtown Marana ;(behind the old Town Hall). Maps are available and the staff is also available to ' help in this transition. If you have any ~WS questions, please cali the office at 520-382-2600. MARANA CONTINENTAL RANCH LIBRARY: This Project consists of selecting an Architectural Firm for design; design and construction i of a new library to be located in the Town near the Waigreen's store located at the corner > of Cortaro Road and Silverbeil Road. The new library will contain approximately 15,000 sq. ft. of floor space along with an additional 5,000 sq. ft. of shell area intended to be for the use of the Town that will be bid as an additive alternate. The library is intended to house an eventual 100,000 volume book collection with state of the art technology, computer lab, large meeting room, and small study rooms. The delivery method for the Project, as selected by Pima county, is Design-Bid-Build scenaria Estimated Design Time: Pima County anticipates a ten (10) month design phase from ' issuance of the Notice to Proceed. Estimated Construction Time: Pima County anticipates a twelve (12)emonth construction : phase from issuance of the Notice to Proceed. t. ` 4 Status: The Architect is well underway for the design : services for the new Marana-Continental Ranch " ° Library. During the month of April, staff has meet with the Architect, Pima County and City of Tucson library staff on two occasions to discuss library programming, site views, building orientation, building location, space requirements, and general information associated with the Project. There is a meeting scheduled for Tuesday, 17 May, 2005 to resolve any remaining issues, prior to the "Design Charette" scheduled for the week of 23 May, 2005. Subsequent to the conclusion of the "Charette", the Architect will begin hard design of the library structure. ~ ~ ~"l~~,~ 4 . ~ 'i 4'v~`~ `aY~"~..04,~, ~`L.°a.:.'maa-~ x~`.~; 3. ' , , . . . .^u.~.r°..~°`tY SANTA CRUZ RIVER SHARED USE PATH, PHASE I AND II: This Project consists of the design and construction of a 14' wide paved asphalt path from Cortaro Road to Coachline Blvd. via the EI Rio Park Development. Two pedestrian bridges provide major drainage crossings for the path. The Project has been re-scoped and now consists of building a shared use path between Coyote Trails School and EI Rio Park in the over bank and intermediate bank areas of the Santa Cruz River. The Project is funded under ADOT's Transportation Enhancement Program. Estimated Construction Time: Third quarter of 2005 k~:; ^ _ Status: The Environmental Determination (ED) has been accepted by ADOT. In late April 2003, the Town selected Castro Engineering for the path design and Structural Grace for design of the pedestrian bridges. The artistic concepts for the Project have been ' presented and endorsed by the Mayor and Council, Marana Parks Committee, the Public Works Art Project Committee, Continental Ranch, Sunflower Homeowners Associations, the Construction Committee, and the Building Committee. The project was advertised and bids were received; however, bids were rejected in the best interest of the Town. The Town is in the process of repackaging the construction plans to begin at Coyote Trails School and continue to EI Rio Park. This work is expected to be complete in the second quarter of 2005. ~`ir y„, 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 Njj,SSj~~T S?''A?'E'ME~T?; ' existing Grade Control Structure, and reconstructing the soil cement bank protection on the east and west side of the Santa Cruz River. The reconstruction ;"The Town of Marana of the bank protection will include provisions for a pedestrian path. ~ Department of Public Estimated Construction Time: 2008-2009. To coincide with ADOT's reconstruction of the Ina Road Traffic Interchange WOt'~(S IS COlllt'1'lltt@C' t0 : Status: The Bridge pCOVIC~Irtg C~UB~It~/ Improvement Plans, S@CVIC@ b~/ Design Concept Report ' ~ F~ ' <t`' 3 tSS y_ ~ . t ~1 1~kT'+'':l Ji.~ 1, Ya~} '"s L 4 ~ (DCR), Bridge ` ' ~ ' ~ ~ } consistently delivering - s,; ~ ~ , Selection Report, and maintaining Bridge Stability Analysis and the amended t'@IIaIJI@, safe public Bridge Inspection ; faCl~ltl@S Wlt~'1 a Report have been _ submitted to ADOT°S productive, respectful~ ~a~~ Phoenix office. The Town ~S aWa~t~ng f~~a~ ~ r and ethical workforce" approval of the ACOE ,r, ~ . Permit. , . ~F:R . . . . . . . . . . . . . f~ yxpr ~ r5~ ~~art,~' z,µ" . . . rY. § .'~2', . . ~ ~ . z# i~~~~ . ~ . . . _ . F ~ -r. } ~~~t~'~~E~~~.f~f14KS~ ~~~1.~~#~LF t~Si.tR~'~. ~ , . . , TWIN PEAKS INTERCHANGE: ' This Project consists of Environmental Assessment clearance, DCR, and 15% pians 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 IL . _ Estimated Construction Time: 4th quarter of 2006. Status: Staff has completed the review of all the reports/documents provided to the Town/ADOT/FHWA, to this point in time. These documents include the Public involvement Plan, Initial AASHTO Controlling Design Criteria Report, Alternatives Selection Report, Preliminary Geotechnical Report, Preliminary Drainage and Final Traffic Report, Biological Evaluation Report, Cultural Resources Report, Noise Analysis Report, Preliminary Initial Site Assessment Report, Visual Impact Analysis Report, Initial Location/DCR, and Preliminary Environmental Assessment (EA) Report. Consultant has revised the EA as the result of comments received from the Town, ADOT, and FHWA. The Consultant has transmitted the revised _ _ document to ADOT and FHWA for their concurrent review/comments. This concurrent review/comment process will have the effect of saving approximately forty-five calendar days. ADOT/FHWA are still in the review/comment process. At this point in time, it is unclear as to when the Consultant will receive comments. The Town and Consultant have been in contact with both agencies on a weekly basis regarding the : T document review. Town staff is planning a meeting with ADOT personnel in May, 2005, to discuss the status of the review. Town staff is continuing to work closely with ADOT to execute the Agreement in order to invoice for federal funds allocated , for this Project. The Consultant and the Town are continuing to work on the public hearing which is an ADOT/FHWA requirement. With the concurrent review/comment efforts of FHWA and ADOT, the Town is hopeful that the Public hearing can be scheduled for the second quarter of 2005. The EA and DCR are anticipated to be completed in the second quarter of 2005, subject to the scheduling of the required Public hearing. _ _ ' HONEA HEIGHTS SEWER IMPROVEMENTS: MOORE ROAD IMPROVEMENTS: ! This Project consists of constructing/installing the sanitary sewer mainline and This Project will involve the development of ' ' incidentals for the residents of the Honea Heights Subdivision. a Preliminary Design Report and subsequent final Construction Documents. Estimated Construction Time: The Project consists of improvements to ~ Notice to Proceed scheduled for ' driving surface and drainage crossings 4 , y; July 2005. ! from Camino de Oeste to Thornydale Road. Status: The plans have been ' Estimated Construction Time: To be approved for bid by USDA Rural Development. The bid opening was determined held on 4 May, 2005. Status: Plans, Specification, and Estimate have been transmitted to the Developer for ' construction. ~ ~ fi , . 3 . ~ ~ ~1t~3~,.~M~ 'S,; ~~L~~ ~ ~ ~ ~ _ . ' SILVERBELL ROAD IMPROVEMENT-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 fna/Silverbell, which includes a new traftic signal system. Estimated Construction Time: 3rd quarter of 2005 Status: Environmental, Biologicai, DCR, Geotechnical Reports, Pavement Design Summary, Archaeological and Drainage Reports are complete and have been accepted. The 404 Permit app~ication has been submitted to the Army Corps of Engineers (ACOE) and is expected to be complete within the second 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 15 January, 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~ r~ ~ ~ . DISTRICT PARK BANK PROTECTION: DCR FOR THE INA ROAD This Project consists of providing soil cement for bank protection along the west ! CORRIDOR PROJECT: This Project ! bank of the Santa Cruz River from Ina Road to Cortaro Road. Depending on the will involve the development of a results of negotiations with property owners in the southern reach of this Project, Design Concept Report to improve the bank protection will ' Ina Road from I-10 to the eastern extend from Cortaro Road, Town limits and the area south of Ina , ~`~r a either to the Yuma Mine Road between Thornydale Road, ~ ' ; Wash, or to Ina Road I-10, and Orange Grove Road. a~ { . . f ' ~.1 ~'S"~~ ~ k~ . ~ = Estimated Construction Status: This Project is currently on ° Time: 4th quarter of 2005 hold. ~ ~i~ Status: Tetra Tech is the ' ; ~ ; r . ; _ Design Engineer. An M,: - , , ~ ~ individual 404 permit ~ ~ ~ ' ~ ` application has been ~ submitted to the Army Corp of Engineers and is anticipated to be issued to the Town by the second quarter of 2005. Construction will begin after al~ permits are obtained, design is a complete, and Rights-of-Way are acquired. _ . . . . . _...v.__ . ...W ~ t. u... , . _ _ . ~ ~~~~xa , ~ x ~ f ~i rl f y ~r rc. ' CORTARO FARMS ROAD-UPRR TO STARGRASS DRNE: ' 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 in- tersection 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, 280 day construction period t _ ~.,,x _..r . : Status: Interim Project: Project contract was awarded to Dar-Hil. Waterline and signal installation at this intersection began in early April and will continue through June. ; Final Project: Phase II plans were advertised in late ApriL The Notice to Proceed date depends on Right-of-Way acquisitions and environmental permits. The Bid opening is scheduled for 18, May 2005. ' DCR FOR CAMINO DE MANANA/ DOVE MOUNTAIN EXTENSION: ' This Project involves the DCR/DESIGN OF BARNETT LINEAR PARK AND FLOOD development of a Design Concept CONTROL PROJECT: Report for the possible realignment of : Camino de Manana from its This Project involves the development of a Design Concept Report for , intersection with Linda Vista Blvd to ' the Barnett Linear Park and Flood Control Project. The Project consists an alignment with Dove Mountain ! of utilizing the existing Barnett Roadway alignment for a major ; Blvd at Tangerine Road. " Stormwater Conveyance channel/linear park from I-10 to the Santa Cruz ! : River. Estimated Construction Time: To be determined. Status: Survey, Aerial Mapping, Environmental Assessment, ' Cultural Resources Assessment, and Geologic/Subsidence Assessments are substantially complete. The Hydrology and ! Hydraulics Study is nearing completion. The transportation issues are : ; being studied, and will be presented in the Design Concept Report at the end of June, 2005. The development of construction plans will begin : after approval of the Design Concept Report in Fiscal Year 2005-06. , _ _ Status: This Project is currently on hold. ' _ _ _ ~ . ~ i _ ~ - _ ~ ~ . 4~b~~,-4, a t ' ~ .Y . ..F......,.._ .r.a.k.ax. b_.,.v . . s+ror^• ! HONEA HEIGHTS ROADWAY IMPROVEMENTS: ; This Project will involve the development of pavement rehabilitation and sidewalks for Honea Heights subdivision, located between Sanders and Sandario Road, between Moore Road and the Santa t° ' Cruz River. ~ `~Y f ~ ` , Estimated Construction Time: ' Following completion of the Honea Heights Sewer, approximately 1 st ; quarter of 2006. Status: The scope of work has been approved. Pians are expected in the second quarter of 2005. THORNYDALE ROAD IMPROVEMENTS/ORANGE GROVE TO CDO ! TANGERINE FARMS ROAD WASH: IMPROVEMENT DISTRICT- I This Project consists of reconstructing and widening Thornydale Road TANGERINE ROAD TI TO MOORE: to six lanes from Orange Grove to the CDO Wash along with the This Project consists of a new four-lane , reconstruction/widening of the approach roads, sidewalks, curb, curb i roadway with a landscaped median, curb , ! and gutter, traffic signal modifications, drainage facilities, median ` and gutter, multi-purpose lanes, ' islands, street lighting and art work are also included as part of the sidewalks, landscaping and drainage , ; Project. improvements. ! Estimated Construction Time: ist quarter of 2006 i, Estimated Construction Time: To be , Status: The 100% Improvement Plans have been received, the Phase determined ' I Environmental Site Assessment, Cultural Resources, Drainage and Status: The survey for the Project is , Geotechnical (for traffic signal) Reports have been accepted. complete. ! The Traffic Engineering and Access Management Reports have been The Notice to Proceed for the design ; accepted. HELP Loan funding has been approved. ROW acquisition ' phase was issued in January 2005. The and utility relocations witl occur during 2005. , Draft Design Concept Report has been ' ' submitted and comments have been ' ` returned to the Consultants. ' YALUE STATEMENT: ~ ~ ~ . E?y.A [ 4 . ~ 4 ~ i; w x.~p~.:. . ' . s ~ Satisfaction, Respeet, Serviee, Commun~cation, Retiabifity, Quality, Consisteney, Productivity _ . _ , _ _ . _ ~ C~~~"'~'~, 1~f(C1RKS ~~£~#.13ME -5, ;I5~1~JE 1' ; . t ~ .a .K ~ ~ ~ ~ ~ ~ TWIN PEAKS/PALM CANYON DRIVE: especially the Seal in the floor is duly impressed; it ' This Project consists of emergency roadway repair was well worth the many hours put into working with located in the Eastbound lane of Twin Peaks Road at the hand cut pieces of glass tile in the detailed areas. Palm Canyon Drive, in Continental Ranch. Elevators are commissioned and in operation and In February 2005, a pavement failure was discovered at Mike Mencinger's facilities, maintenance and the above mentioned intersection, with immediate mechanical staff received on-site training for plant response required. Arizona Excavating was hired to O&M. Finalizing and testing of IT, security and remove the affected asphalt, excavate and replace the telecommunications for Buiiding A continues, as will backfill materiai, and repave damaged area. commissioning of the various conference rooms, the Estimated Construction Time: Anticipated Council Chambers, and individual station installation. completion date is Mid-April. Goodman's continues installation and changes in . Status: Repairs completed in mid-April FF&E in Building A. D.L. Withers, the Town, and Durrant continue punch list inspections as well as Code, Safety, and Fire : inspections in Building A. ! AAA Landscape, the landscape subcontractor for D. L. Withers as well as the concrete and flatwork crews were busy trying to make up for time tost during the long sporadic rainy season. Landscape and hard- , scape is well advanced, with turf being placed, , courtyard concrete and pavers, filling around the planters on the north side of the building as well as the large box trees arriving on site for planting. Exterior stonework and signage was complete. Last minute changes, including a raised planter wall around the outside of the Council Chamber were complete. Mayor and Council, the Town Manager, and his staff were ready for moving at the end of April in preparation for the dedication of the facility, scheduled for Tuesday, 3 May, 2005, with an open invitation for ! TOWN OF MARANA MUNICIPAL COMPLEX: all. 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's fan run off. Status: During April, 2005, D.L. Withers, the CM, closed the space between the links and Building A(Council Chamber and Administration) and began work on punch ! list items towards the completion for occupancy of Building A. To-Ree-Nee Wolf Keiser completed the ten foot Town ' Seal in the center of the atrium lobby. To-Ree-Nee also completed the Town Seal that will hang behind the Council dais in the new Council Chambers. To-Ree-Nee made three Seals, a three foot diameter Seal for the Court, a four foot Seal that hangs behind the Dais, and the ten foot diameter Seal in the lobby floor with Italian glass mosaic tile. Everyone who sees the Seals, ~ ~ i. . 7 ~ ~u~~~:~~ ~v~?~~cs ~~~~.c~~~ ~~~u~ ' TOWN SEAL: ART FOR MUNICIPAL COMPLEX: NORTHWEST MARANA TOWN CENTER, ROADS, The Town has commissioned local artist To-Ree-Nee INFRASTRUCTURE, AND OFF-SITE IMPROVEMENTS ! Wolf Keiser to produce three Town Seais in Italian glass This Project will design and construct the offsite utilities, ' mosaic tiles to go into the new Municipai Complex. : roads, landscape, and other infrastructure and establish ' To-Ree-Nee produced designs and a completed three the layout of the main Town Center corridors. ' foot seal to present to the Building Committee and to the ; i 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 wiil go on the wa~l behind the Council ` Dais in the Council Chamber. i Status: Civic Center Drive has been open from Lon Adams to Barnett Road since April. Street lighting on ' Civic Center Drive is complete and Marana Main Street is expected to be finished in early May. Landscaping, sidewalks, and paving installation on Main Street and ` ` T'- Civic Center Drive is substantially complete. Underground - utilities on Grier Road were complete in April. Grading for ' curbs, sidewalks, and paving on Grier Road began in April and will continue through early July, 2005. '~~s ,u ~ , F r~ ~ ~ sh .>r~r~,. . ~ ~ _ _ . , ; , _ _ . . _ _ _ ~ _ ~ ~ ~t~~F`~'~ ~ y~~~"~~.~C 1NC~~i~$ k V't'~~.~T~ ~ 5, IS~~lE 1 PAVEMENT PRESERVATION , ~ 2000 PA~'E~-1ENT PRESER~'r~TION CO~fI'LETED JUNE 2000 $347, 400.00 ~ 2001 PAVEMENT PRESERVI~TION C01~fI'LETED JULY 2001 ~511,700.00 ~ 2002 PAVEMENT PRESERVATION COTTI'LETED ]UNE 2002 $1,035,900.00 ~ 2003 PAVE~4ENT PRESERVATION COMPLETED OCTOBER 2003 $1,082,500.00 2003 WADE RD OVERI.AY, Vi~ OF SILVERBELL COMI'LETED DECE~IBER 2002 $46,700.00 PARKS CONTINENTr~L RANCH NEIGHBORHOOD PARK C.R. PARCELS 13 & 14 COMI'LETED FEBRUARY 2004 $2,608,600.00 SANTA CRUZ CORRIDOR TRAIL PHASE I C0~IPLETED APRIL 2004 ~128,700.00 CO~ OTE TRAILS ELE~iENTr1RY SCHOOL ' PARKING AND SPORTS FIELD I~IP. COI~IPLETED FEBRUARY 2003 $895,200.00 EL RIO PARIL COMPLETED DECEMBER 2003 $213,300.00 .A . : TRANSPORTATION E~1IGH ROAD, SANDI-~RIO TO SANDERS C0~IPLETED <~UGUST 2001 $996,100.00 NEW ~XjESTBOUND CORTARO ROAD BRIDGE O~'ER THE S~NT ~ CRUZ RIVER COI~IPLETED ~~1RCH 2O02 $3,165,400.00 CORTARO ROI~D I~IPROVE~fENTS, SILVERBELL TO 1-10 CO~IPLETED FEBRUAR~' 2003 $7,941,700.00 SANDRA ROAD BUS TURNAROUND CO~IPLETED 1UNE 2003 $17,400.00 E1~iIGH ROAD DRIVEWAY/DRr1INAGE, r~T 1~1ARi~NA HIGH SCHOOL C0~IPLETED JUNE 2003 $17,000.00 t . _ _ x ~ r~ . . ~ ~ ~ ~r~~ ~ ~ ~ ua _ . E~ . " ~ r ~~~G i~~3R~S~ ~V~~"I~ . . e. ~4~ ,,r_ . . - rx. ; r.~ ~ ~ ~ ; CORTARO RO:~D RE~~I.IGN~f~IvT, 1-10 TO CERIUS STRAVENUE CO:~iPLETED )ULI' 2003 $876,700.00 LINDA ~'IST~ BL~'D., EL CAliINO DE ~~-~N.~N~~ , TO 1/4 MILE \X~EST OF I-IART~N COMI'LETED ~PRIL 2004 $82,900.00 SCENIC DRIVE II~ZI'RO~'EMENTS COMI'LETED JUNE 2004 $279,500.00 ` TANGERINE ROAD, BREAKERS TO THORNYDALE • CO;~-1PLETED :~PRIL 2004 $1,589,600.00 ! TANGERINE ROAD PARK AND RIDE COI~IPLETED SEPTE~ER 2004 ~305,600.00 TANGERINE/THORNYDALE IMPROVE~4ENTS & TRAFFIC SIGNAL INSTALLATION C0~IPLETED DECEMBER 2004 $1,426,382.54 TRAFFIC SIGNALS/LIGHTING ; TRAFFIC SIGNI-~LS, IN~/ SIL~'ERBELL INTERSECTION CO~-1I'LETED FEBRUAR~' 2002 $124,000.00 COSTCO DRIVE STREET LIGHTING CO~ZI'LETED ~-i~1Y 2003' $41,200.00 TRAFFIC SIGNAL @ SIL~'ERBELL/WADE CONIPLETED JANU.~RY 2005 $211,825.15 SAFETY IMPROVEMENTS H1~NDICAP Ri~MI'S ~T ~~ARIOUS LOCATIONS CO:~-fPLETED FEBRUARY 2002 $97,700.00 ~ ' COI~CHLINE BL~'D. SIDE\X~1~LKS LANDSCAPING, N/01'~XjIN PEAKS COl7I'LETED OCTOBER 2003 $289,200.00 ~ ~ . ~~"~II~~~ W+~~1C~ ~1~flLUM~ 5, ISSU~,1 ' _ x, x~.,~ ~x,~ ~ :s.., , ` ~ ~ ~ TRAFFIC SIGNAL at TANGERINE ROAD/DOVE MOUNTAIN ` SAFE ROUTES TO SCHOOL PROGRAM ! BLVD. INTERSECTION The Traffic Engineering Division is in the process of i The Town is working together with a Dove Mountain finalizing the Town of Marana's Safe Routes to School ( developer to have a traffic signal installed at the Tangerine Pilot Program at Twin Peaks Elementary School. The ; Road/Dove Mountain Blvd. intersection. The signal design Town of Marana's Safe Routes to School Programs' 'I phase has been completed and construction of the signal and ' goal is to develop educational, engineering and ! associated improvements have begun. It is anticipated that enforcement tools with which to help provide safe trips construction of the signal will be completed some time this for elementary and middle school students on their ' summer. 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 CORTARO FARMS ROAD/HARTMAN LANE INTERIM Committee includes the schooPs Principal, the SIGNAL PROJECT school's Police Resource Officer, the Marana Unified I The Town's Cortaro Farms Road Project, which will widen the School DistricYs Director of Operations, and Scott ; road to four lanes with a raised median from the Union Pacific Leska of the Department of Public Works Staff. , ' i Rail Road tracks east to Star Grass Drive, involves two phases. During Phase I an interim traffic signal wil~ be installed at the Cortaro Farms Road/Hartman Lane intersection, along ' with an eastbound left-turn lane on Cortaro Farms Road and ~ ~ ` ! ALL-WAY STOP CONTROL AT THE SANDARIO ROAD/ ' TWIN PEAKS INTERSECTION: ; The results of a traffic study found that the installation of an all-way stop control is warranted at the Sandario RoadlTwin i Peaks Road intersection. It is anticipated that the installation of the required traffic signs and pavement markings to establish the all-way stop will be completed in early June ; 2005. In order to properly advise motorists about the ' southbound right-turn lane on Hartman Lane. This Project, upcoming traffic control change at this location, advance which should greatly enhance the traffic safety at that location, ` notice signs will be installed on all legs of the intersection ' has been awarded to Dar-Hil Construction. Utility Pole I approximately one month prior to the all-way stop installation. relocation is complete; water line and signal installation have ' We expect that the overall traffic safety at the Sandario Road/ ' begun. Twin Peaks Road intersection will be greatly improved by the ! installation of the all-way stop controL ' ; l~~ ; _ . _,t ~`t~!E #~~B#.~~.V~f£7~R~C'S ~ ¥~£~LUNl~ i~'~i~~.1; # 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 meas- G\~~`~ ~Qter ures used in the strategies for these four species also acted as conservation measures for two ~ additional species, the Lesser Long-Nosed Bat and Pale Townsend's Big-eared Bat. . ~Cvh }-}evP~ ~I ~ s , ~ ~ li ' k: 1' ~ E ~ 1 ~ i~ STATUS: The Town is currently in the process of applying for the "year 3" grant from the Arizona Game and Fish Department. The Town is also working the IGA for the year 2 grant. These items were discussed at a meeting with USFWS 4 April, 2005. ~ ~ _ i~~s ~ w~ ~ ~ ~ l~~~~"~~~_~` #~~~t~ `1Ati0Ri~S U{7~:UM~ >.~SSUE 1 ' . . r. . . , _ A FLOODPLAIN UPDATES: Number of Permits Processed: 2 (April): ' Number of Flood Hazard Information Sheets Completed:26 t. Three Marana staff inembers will be attending the spring Arizona Flood Management Association meeting in Safford, Arizona 4 May- 6 May, 2005. , . ~ _ _ _ _ . _ , , ! SUNFLOWER CITIZEN'S • ' ' ADVISORY COMMITTEE: ' Environmental Staff met with ' citizen's group from the _ ; Continental Ranch area o FLICT RESOLUTION: ' ' January 27, 2005. These ! are interested in the cre rana is working with ' ' Citizen's Advisory Com of Land Management along the lines of the on arious stakeholders on i City of Tucson is now o recreational shooting e BLM, Forest Service STATUS: ublic lands. The Environmental Divisi ~ s orkshop No. 2 has been ; spoken to PDEQ and tran for Saturday, June 11, ! results of that conversation ~ - he Lew Sorenson I group. One member of the g. 4' tion Center located at ; attended an EPAC meeting wi ~ ' O E. Tanque Verde from 1-4 Lisa Duncan on 4 March, 2005 ! Pima Associated of Govemments.' ~ - 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 witl benefit the residents, the environment, and potentially assist with the recovery of an endangered species STATUS: Continued on-going coordination between Town staff and State Lands staff to determine a feasible option for acquiring state land for preservation of open space. ' ~ , ~ e ~ . _ _ _ ~ ~?UE3L1~ WORK~` ~if1"~C;i:~~'I~ T~'.~~~ .r ~ ~ ~ ~ ~ ~..a~. ~r , ARIZONA POLLUTION DISCHARGE ELIMINA- TION SYSTEM: CERTIFIED LOCAL GOVERNMENT: This project was initiated by a federal mandate in Certification under this program would which Arizona Department of Environmental Quality offer the Town opportunities to receive (ADEQ) was given primacy. Six minimum control grant funding for preservation projects measures have been defined for compliance, they in the Town. This Project is currently are as follows: on hold due to staff workloads. 1. Public Education and Outreach 2. Public Involvement and Participation 3. Illicit Discharge Detection and Efimination 4. Construction Site Storm Water Runoff Control 5. Control of Post-Construction Site Runoff SANTA CRUZ VALLEY NATIONAL HERITAGE AREA: 6. Pollution Prevention and Good Housekeeping. ' The vision of a National Heritage Area designation STATUS: The Environmental Division of the Town is for the Santa Cruz Valley in Southern Arizona is working with the GIS Department to populate the 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 I ` ' national recognition of the region; to develop heritage ! . ~ ~ ` £a ~ ,s~~~ ! tourism and bring other economic benefits to local ` communities; and to improve cultural ties across the } p~ 5::~; i U.S.-Mexico border. ~ ~ : ~ ! STATUS: The Town of Marana showed support of .~v~ ! 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. _ _ STORMVIEW module of Cartegraph with a database on Stormdrain marker location, inlets, and photos. Work requests may be entered in the work directory module to schedule inspection or other work. Staff is working on the WPF grant proposal for the restoration of area washes. 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 a ' non-potable supply system on the south side of the Santa Cruz, which will be able to supply turf and exterior use if that area urbanizes in the future. We are currently working with the Bureau of Reclamation on providing water consumption estimates for ' parks and turf areas along the pipeline. ' _ _ _ ; ; ~ 4 _ _ ~ . t~~~~~r~~~~~~~v~~~~s ~~r~~~~?~ ~s~u~ i . . . , ~ . ~ . t . . ~ . . . ; PROPOSED MITIGATION LAND DEVELOPMENT: The Environmental Division is currently developing a log and map of the I existing and proposed mitigation lands for the Town of Marana. The ! purpose of this Project is to provide information and support for the i Tortolia Fan Overlay and the Town's Habitat Conservation Plan (HCP) ' and future developments within the Town of Marana. This map will ; ` provide information on the maximum percent disturbance and the ' binding agreement that requires the mitigation. SCENIC DRIVE RESTORATION: TRES RIOS DEL NORTE: Environmental Staff has met concerned citizens This Study is a cooperative effort between the City of interested in work to restore portions of the Scenic Drive ; Tucson Water Department, Pima County Flood ; wildlife corridor. ' Control District and the Town of Marana in conjunction with the United States Army Corps of ` STATUS: The Environmental Division is in the scoping Engineers. The purpose of this Study is to evaluate " stages of this Project. Meetings with local residents and approximately an eighteen mile stretch of the Santa other interested parties have identified specific areas of Cruz River from Prince Road to Sanders Road for " concern. potentia~ projects such as habitat restoration, water supply, flood control, and recreation. STATUS: The Town of Marana is working with staff of other governmental agencies to develop the best -r~u~ " overall plan for the Town. A 75% product is expected r.,,~ for the F-5 study around June 2005. The F-5 document is not expected to be 100% until the first quarter of 2006. ` YUMA WASH/SILVERBELL MINE TOURS: ' The Yuma Wash site was once a large settlement of the Hohokam Indians inhabited from as early as A.D. 750 to as ' late as 1450.OId Pueblo's excavations indicate there are over 100 partly underground pit houses present, as well as pueblo-like homes and thousands of prehistoric stone, bone, pottery, and seashell artifacts. Some of the site's archaeological features suggest that Puebloan people from northern or eastern Arizona lived there with the Hohokam. ' ' Old Pueblo Archaeology Center offers guided tours of its archaeological excavations at the Yuma Wash Hohokam ; Indian ruin in the planned Marana District Park alongside Silverbell Road about 1/2 mile north of Ma Road. Tours of ' the Yuma Wash ruin have ended for the season and will begin again in the falL Old Pueblo will be offering opportunities for members of the public to actually participate in the archaeological excavations at the Yuma Wash site beginning again in the Fall of 2005. Old Pueblo Archaeology center is a non-profit organization in partnership with the Town of Marana. For more information contact archaeologist Dr. Courtney Rose at Old Pueblo's Tucson telephone number at 520-798-1201. ~ P"~Ca~ : _ . ~ _Y ~ . ~ ` ~ . ~ T - . ~~~'~~~~~~v'~~t-rc~ts~~~ 5nie,~~ti~5 , ~ Svu~ii}yit.~t i~~u~ ~ ` BOOT STORE: This is a commercial development being designed in the Orange Grove/i-10 commercial subdivision between River Road and the UPRR south ot Orange Grove. The store will sell CD's and related items, not boots. ' Developer. Boot Store is the owner/developer. Key Infrastructure: Property will need to tie closely with adjacent developments that are also under review-Arizona Health ' and RV Center. Timeframe: Project is past first review of development plan. Improvement plans and final development plans will be required ` before permitting. WESTAR: SHOPPES AT ORANGE GROVE & RIVER: This is a commercial development This is a commercial development with three specializing in custom kitchen and bath phases. Phase one is Bedrosion Tile, which products and appliances. Project is specializes in floor coverings. Phases 2 and 3 ' ' located in the Northwest quadrant of the ! ~ are additional retail areas. Project is located in ; Thornydale-Orange Grove Southwest quadrant of the Thornydale- intersection. ~ Orange Grove Intersection, behind the AM/PM service station. Developer: Westar is the owner/ developer. They utilized Fina ~ Developer: Bedrosion Tile is the developer using Chestnut Construction to manage the ! ~ ~ construction. ~ ~ ~ ~ ~ Key Infrastructure: This development will ~ construct internal infrastructure and a new access to River Road. ~ t ~ B ~~.~k~-'y3 3 Y 4 i7 ~ Y a~?+f Te ~ ~ ~ ~ ~ j~~4 1 ~ ~ . , ~ ' companies for construction management. : ~ Key Infrastructure: Property took the ~ ' site's former building and constructed a new fa~ade and interior, speeding up the construction process. They have ' ~ Time Frame: Bedrosion Tile is close to constructed a new deceleration lane on opening with a final walkthrough to be ! Orange Grove Road to aid access. scheduled in the near future. Phase II of the Project will share truck access with the ~ site has an approved development plans and adjacent Payless site under development imminent approval of improvement plans. Due to the existing cleared nature of the site and Timeframe:Project is complete and status of the improvement plans, the project operating under temporary Certificate of ' has received an at risk grading permit. Full , ' construction is expected to begin in Mid-May. ~ ` ~.s~ _ _ . ~ . . ; ;.tr. . . . `fvF+l k~~~~'Ii~ ~~~..~~~L~ ~ L , . . . PAYLESS-ORANGE GROVE: TRULY NOLAN: : This is a commercial development being designed ' This is a commercial development being ; North and adjacent to the recently completed Westar ' designed in the Orange Grove/I-10 , ' site. commercial subdivision between River Road and the UPRR south of Orange Developer: Pay?ess is the owner/developer Grove. Aithough a well know Key Infrastructure: Adjacent to Westar, the exterminator service, this project is to be ` improvements for this site will allow ultimate truck ' centralized offices. As with all of their ! access for Westar. The entrances along the shared ! developments, they wilt likely also "frontages of Westar, Payless, and the property to the showcase eclectic vehicles. north will be consolidated on the Payless frontage. A Developer: Truly Notan is the owner/ dedicated left turn lane and median opening will be developer. ; designed as part of the Town's Thornydafe Road , project to line up with this consolidated entrance. Key Infrastructure: Property will need to tie closely with adjacent Timeframe: Project has an approved development ' developments that are also under ; plan and the improvement plan approval is imminent. review-Arizona Heaith. Timeframe: Project is past first review ; ' of development plan. Improvement plans and final development plans will be ARIZONA HEALTH: ! required before permitting. This is a commercial development being ` designed in the Orange Grove/I-10 THORNYDALE PLAZA 1.2,3: commercial subdivision between River Road and the UPRR south of This is a commercial development in the Orange Grove. The business sells Thornydale Plaza northwest of Costco Drive and custom home gym equipment. south of the Canada del Oro Wash. Three buildings make up the site with a Sportsman's Developer: Arizona Health is the Warehouse forming an anchor. owner/developer. Developer: Unknown developer using Rick Key Infrastructure: Property will tie Engineering as their agent. closely with adjacent developments that are also under review-Truly Key Infrastructure: Project is a large site, Nolan and Boot Store. comparable to Costco and Home Depot Timeframe: Project has not been Timeframe: Project has an approved , resubmitted for review since first development plan and is addressing final minor , submittal. Much reworking of the site is comments on their improvement plans. Due to the ' expected. Once back on track and existing cleared nature of the site and status of the resubmitted, project could be under improvement plans, the Project has received an at risk construction in about four months. grading permit. Full construction is expected to begin in mid-May. EARTH ENERGY: This is a commercial development being in the northernmost lot of Thornydale Plaza between Costco Drive and Thornydale. The business sells fireplaces and related equipment Developer: Earth Energy is the owner/developer Key Infrastructure: Property will need to tie closely with adjacent Naughton's development to the South. Timeframe: Project is currently under construction. E ~ ~ ~3 .a,_ t ~~~,~~~~~'~~133F #~UBL1C W4RKS :VC~i.UME 5~ T~SU~, 1 r . . . . ' SAGUARO SPRINGS: ' Master planned community block plat that covers section 18 of T12S, R2E. Project will inciude large drainage , ' channels, several subdivisions blocks, major infrastructure, and major offsite improvements. ' DEVELOPER: Empire Company ~ ~ ~I~ , DESIGN ENGINEER: Stantec I ~ ~ , ~ ~ x KEY INFRASTRUCTURE: Improvements to Lambert Lane, Airline ~ Drive, and Twin Peaks Road. New interior roadways include some of : the first use of new details from the arterial design committee. Large t~ ~~,~3 ~4 drainage outfall channel to be constructed onto state land with ~~4 possibility of developer acquiring the state land for a regional detention basin. Sanitary lift station and force main will be constructed to bring sewage over Tucson Mountain. TIMEFRAME: Currently grading superpads and channels at-risk. Block plat approved, improvement plans under review, individual blocks also under review. ' f IRONWOOD RESERVE: _ CONTINENTAL RESERVE BLOCK 9: Part of final build-out of continental Reserve, Ironwood Reserve is ; Block 9 of Continental Reserve- comprised of four blocks under the Pima Farms specific plan. Project ' ' residential . covers the NE quarter of section 29 of T12S, R2E. Block 4 will be gated with private streets. DEVELOPER: Meritage ' DEVELOPER: Meritage and Pulte DESIGN ENGINEER: Stantec DESIGN ENGINEER: Morrison Maerle did the design Plans. EEC is the KEY INFRASTRUCTURE: Residential , engineer of record for three of the blocks. ' streets only. ' KEY INFRASTRUCTURE: New pavement on Pima Farms Road from TIMEFRAME: Complete, pursuing Continental Ranch to the edge of Ironwood Reserve's boundary. closeout TIMEFRAME: All blocks have final plans and are currently under permit. ' Pima Farms Road has its first lift of asphalt and will be finished shortly. CONTINENTAL RESERVE BLOCK 10: NORTHWEST MEDICAL CENTER: , Block 10 of Continental Reserve- Urgent Care center being constructed on Block 20 of Continental Reserve at residential the intersection of Continental Reserve Loop and Silverbell. DEVELOPER: Canoa DEVELOPER: Diamond Venture for Northwest Medical Center KEY INFRASTRUCTURE: Residential DESIGN ENGINEER: Rick streets only Engineering ~ ~ DESIGN ENGINEER: Stantec KEY INFRASTRUCTURE: r Miscellaneous utility extensions. ' TIMEFRAME: Complete, pursuing Interior street similar to industrial Y close-out collector (private). ; TIMEFRAME: Has final plans and is under fulf construction. _ _ , _ _ . PA~E ' ~ MAR :.A : ~ . , . ~ * 0~1NCIL B~ENdINC~ Of COMMUNITy, EdUCATION, ANC~ BUSINESS TFIROUC~Ii TIiE ARTS.._ Marana Arts Council lst Quarter 2005 Dear Mayor, Council Members, and Staff: The focus for 2Q05 is MAC's web site, community art events, fundraisers, grants, membership drive, and conveniently located art classes for adults and youth. WEB SITE The MAC website has been revamped and we invite constructive comments on the new site. (maranaArts.org) Grants Applied for two grants: Tucson Pima Arts Council - Awarded $1500 for our - "Marana Heritage Performing Arts Series" Arizona Commission on the Arts - Applied for a"General Operating Support" grant. This grant will allow us to continue with our 14 hours a week contracted administrative support position. We will know by the end of May if we are successful. The grant request is for $6,000 to $10,000. Luninaria del Pueblo MAC was selected by two corporations, Westward Look Resort and Gladden Farms, as the non-profit organization that would receive the proceeds from a gala auction in Apri12005. MAC is pleased to announce that we received $6,650.00 from the sale of the two Luminaries. Gladden Farms purchased "Stick Lizard" and intends to incorporate this luminaria in Gladden Farms Park. Artist Calendar Volunteers have made contact with six new home builders and these home builders are delighted to have the Marana Arts Council providing each new homebuyer with a Mac Welcome Packet. Volunteers will keep in contact monthly to replenish supplies. Volunteer Program Volunteers have participated in the following: MAC at the MALL, Family Arts Festival, Founder's Day, MAC Welcome program, attended lectures sponsored by MAC, and more. We are very happy with their involvement in MAC and the community. Past COMMUNIT'Y EVENTS Januarv Southwest Arts Conference Three members of MAC attended this worthwhile conference in Glendale, AZ. Februarv Family Arts Festivat This is an annual event ut on b Tucson Pima Arts Council attendance is typically 7,000. ~ ~ March Founders' Day - MAC participated in the 2005 Founders' Day event, decorating the for Mayor's Luncheon and holding its Annual Invitational Art Exhibit. Riding the Trails for the Arts ~ ~ fi The trail ride was held Saturday, March 26, 2005, at Picacho Peak State Park. Twenty five riders braved the three mile ride, while others remained in camp participating in art projects, listening to cowboy poets, and others just took time to enjoy nature. A good time had by all. , ~ Future COMMUNITY EVENTS "Marana Heritage Performing Arts Series" - Spring 2005 In conjunction with the Town of Marana the Marana Arts Council is holding a series of three performances in Marana's community parks. MAC is seeking a sponsor for the fall series. Mav 7- Ora Mae Harn Pazk -"Los Giros de Israel Paredes"-A five member band performing Norteno music. This group is from the Marana area and has performed at several town functions. 7 to 10 PM Mav 213t - ConUnental Ranch Park -"Richard Ncel Steel Dnun Band" - Caribbean music and entertainment. 7 to S PM June 4~' - Continental Ranch Park -"Odaiko Sonora" - A Japanese ensemble dn~mming group. Odaiko Sonora will also bring the history of Japanese drumming and will include hands-on time for members of the audience. 7 to 9 PM MAC at the MALL Foothills Mall, Saturday, May 215; Ilam-1pm - w- Our guest performers are as follows: Mariachi Aztlan de Pueblo- Pueblo Magnet Fligh School, Teacher: Jon Contreras The 3/4ths Ouartet - Premiere Piano, Directors: Narzcy Ostromencki & Phil Renaud Marana High School Choir Marana High School, Teacher: Sara Taetle ART PROJECTS Northwest Fire Department MAC has been asked by Chief Jess Piechura of Northwest Fire to facilitate the selection of an artist to paint a mural on the interior walls of the new fire station located near the Marana Municipal Complex. Northwest Medical Jami Eggold has asked to meet with MAC Staffto discuss MAC facilitating selection of art for the new Northwest Medical Urgent Care facility. Thank you for your continued support of the Marana Arts Council and the arts. Sincerely, Sandy Groseclose Executive Director _ O:~ O~ a o a .o,, oO ; o ~ ~ o _ a~o~a ~ ~ ~ ~ ~ ~ ~ ~o ~ _ 0 0~, For: April 2005 ~ ( , ~ e ;~~~~~.,x ~ . x ~A: _ ~ ~ . _ o dc~ o ~o ~ ~ ° ~~~aoa~ 9 , p ~ ~ ~o I~~a~~r~ C~o~~~~~~ao~o a ~a 0 0 0 ~ C~ MC~ ~ o~0 QC~I~ ~ o ~ ~ ~/1A1~AI~JA /i~ TQWN O~ MARANA TEAM WORK- Is all staff working together in ouutanding ways, with extraordinary cooperative effort to accomplish ordinary tasks TO: Vice Mayor Herb Kai Town Council Mike Reuwsaat, Town Manager FROM: Water Department Staff SUBJECT: April 2005 Department Report Update DATE: May 2005 CUSTOMER INFORMATION 3370 Number of Customers Billed 119 Number of Disconnects 132 Number of New Connects 108 Number of New Services with Meter Installation 44,876,602 Total Gallons sold 91.50 Acre feet pumped (non-trust wells) Picture Rocks, Happy Acres, Palo Verde, Airport, Continental Reserve, Hartman Vistas and Gladden Farms 39.03 Acre-feet wholesale water purchased (trust wells) Marana, La Puerta, Oshrin, Falstaff, Honea, and Cortaro Ranch (325,851 gallons = acre foot) DAILY OPERATIONS 1. 442 Blue Stakes completed. 2. 261 Work Orders completed. 3. Well site painting 4. Sprayed well sites 5. Repaired broken hydrant. Sandario/Marana Rd and installed ballards around hydrant. 6. Recycled police furniture to Operators office. 7. Tested 2 Backflow preventers and replaced 2 Backflow preventers. 8. Grier Rd Water Main went online crews spent several hours helping out with the change over. (includes After Hours) 9. Repaired leak on Grier rd.(After Hours) 10. Repaired leak on Silverbell (After Hours) 11. Replaced meter on Grier rd for mainline project. 12. Installed a new service on Grier in order to abandon a large section of old 6" on Sandario. 13. Installed service at the airport. 14. Repaired leak at the Standpipe.(After Hours) 15. Repaired Broken Water Main at Hartman and Cortaro. 16. Eagle Scout began painting Hydrants. 17. Construction inspections at Continental Reserve NW medical Center, CR block 17, Gladden Farms phase 2, Hartman/Cortaro Project, Ironwood Reserve, Grier Rd and Rancho Marana. WATER SERVICE AGREEMENTS BEING NEGOTIATED 1. Noel Earls and possible John Lashley. Artesiano Rd off Ina Rd. 2. Oasis Development-Addendum to Hartman Vistas 3. Santoria Estates (on West side of Old Silverbell North of Linda Vista r - intersection). 4. Willow Ridge Agreement is pending. 5. Addendum to Vanderbilt Farms is pending. 6. Northwest Hospital Clinic on Continental Reserve Loop. 7. Payson Farms & Fianchetto Farms 8. Addendum for Saguaro Springs (Saguaro Reserve) OTHER 1. Discussions of regional reliability and terminal storage of C.A.P. water being discussed and presented to the C.A.P. Board of Director for support. 2. A non-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 completed. 5. Upgrade from 6" to 8" Main through the Redemtorist Renewal Center Property 6. Water Issues Being Elevated with Tucson Water. 7. Effluent and Marana Wastewater Treatment Plant in discussions with Pima County and Tucson Water. 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. 10. Rate model is being updated and completed. 2 10WN OF TOWN COUNCIL MEETING TOWN OF MARANA q ~y ; INFORMATION '~q1ZON~' MEETING DATE: May 17, 2005 AGENDA ITEM: IX. A. 1 TO: MAYOR AND COUNCIL FROM: Frank Cassidy, Town Attorney SUBJECT: Resolution No. 2005-55: Relating to Development; approving and authorizing the execution of a second amendment to the Amended and Restated Development Agreement and Intergovernmental Agreement (Red Hawk Canyon) dated January 27, 1995 and amended June 20, 1995 in anticipation of the sale of District re- funding bonds in the approximate aggregate principal amount of $5,070,000. DISCUSSION Paragraph 7.6(k) of the Amended and Restated Development Agreement and Intergovernmental Agreement (Red Hawk Canyon) dated January 27, 1995, required an MAI appraisal showing that the wholesale value of the assessed property is equal to or exceeds the principal amount of the proposed bond sale. This proposed Second Amendment would allow the Pima County Asses- sor's "full cash value" of the assessed parcels to be used to determine value for purposes of the minimum one-to-one ratio of property value to bond amount for refunding bonds, provided that the payments with respect to the assessments securing such bonds will be reduced. The Assessor's full cash value of property is typically a conservative estimate of the actual value of the property, functionally equivalent to a wholesale value as determined by an MAI appraisal. RECOMMENDATION Staff recommends adoption of Resolution No. 2005-55, approving and authorizing the Mayor to execute the Second Amendment to the Amended and Restated Development Agreement and In- tergovernmental Agreement (Red Hawk Canyon). ATTACHMENT(S) Second Amendment to the Amended and Restated Development Agreement and Intergovern- mental Agreement (Red Hawk Canyon) SUGGESTED MOTION I move to adopt Resolution No. 2005-55. {00000731.~oCi, FJC/cds S/11/OS MARANA RESOLUTION NO. 2005-55 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING THE EXECUTION OF A SECOND AMENDMENT TO THE AMENDED AND RESTATED DEVELOPMENT AGREEMENT AND INTERGOVERNMENTAL AGREEMENT (RED HAWK CANYON) DATED JANUARY 27, 1995 AND AMENDED JUNE 20, 1995 1N ANTICIPATION OF THE SALE OF DISTRICT REFUNDING BONDS 1N THE APPROXIMATE AGGREGATE PRINCI- PAL AMOLTNT OF $5,070,000. WHEREAS, the Town of Marana and the Red Hawk Canyon Community Facilities District No. 1 desire to enter a Second Amendment to the January 27, 1995 Amended and Restated Devel- opment Agreement and Intergovernmental Agreement (Red Hawk Canyon) (the "Second Amend- ment") to allow the Pima County Assessor's "full cash value" of the assessed parcels to be used to determine value for purposes of the minimum one-to-one ratio of property value to bond amount in certain circumstances; 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 Second Amendment. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the Second Amendment between the Town of Marana and Red Hawk Canyon Community Facilities District No. 1, 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 au- thorized to undertake all other and further tasks required or beneficial to carry out the terms, obliga- tions, and objectives of the Second Amendment. PASSED, ADOPTED, and APPROVED by the Mayor and Council of the Town of Marana, Arizona, this 17th day of May, 2005. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Frank Cassidy, Town Attorney Jocelyn C. Bronson, Town Clerk (00000735.DOC/f FJC.•cds S/ll/OS Recorded at the request of: Gabroy, Rollman 8~ Bosse, P.C. 3507 North Campbell Avenue, Suite 111 Tucson, Arizona 85'719 SECOND AMENDMENT TO THE AMENDED AND RESTATED DEVELOPMENT AGREEMENT AND INTERGOVERNMENTAL AGREEMENT (RED HAWK CANYON) THIS SECOND AMENDMENT TO THE AMENDED AND RESTATED DEVELOPMENT AGREEMENT AND INTERGOVERNMENTAL AGREEMENT (RED HAWK CANYON) (this "Second Amendment") is made as of this _ day of May 2005, by and among the TOWN OF MARANA, an Arizona municipal corporation (the "Town"), U.S. HOME CORPORATION, a Delaware Corporation ("USH"), REDHAWK CANYON COMMUNITY FACILITIES DISTRICT NO. l, a community facilities district formed pursuant to Arizona Revised Statutes 48-701 et seq. ("District 1"). RECITALS A. The Town, USH and District 1 are parties to that certain Amended and Restated Development Agreement and Intergovernmental Agreement (Red Hawk Canyon) by and between the Town, USH and District 1 recorded on January 30, 1995, in Docket 9969, page 1923, records of Pima County, Arizona and that certain First Amendment to the Amended and Restated Development Agreement and Intergovernmental Agreement (Red Hawk)by and between the Town, USH and District 1 recorded on June 29, 1995, in Docket 10075, page 356, records of Pima County, Arizona (together, the "Development AgreemenP'). The Development Agreement is intended to facilitate development of the real property legally described in Exhibits "A" and "B" to the Development Agreement and sets forth, among other things, the permitted uses for Red Hawk Canyon, the density and intensity of such uses, and the conditions and requirements for the acquisition, design, construction, installation, funding and financing of infrastructure in Red Hawk Canyon. B. Pursuant to ~ 4.1 of the Development Agreement, District 1 became a party to the Development Agreement upon their formation and must {o0ooo~3s.DOC i} administer the implementation of the Development Agreement as it relates to District 1 and the real property included therein. C. Section 6.7 of the Development Agreement sets forth certain restrictions that apply to bond issuances by District 1, and any other district formed within the boundaries of District 1. D. The parties hereto desire to amend ~ 6.7 of the Development Agreement to allow District 1, and any other district formed within the boundaries of District 1, to, in the alternative, rely upon the full cash value of the property, as determined and set by the Pima County T~ Assessor's office, to satisfy the appraisal requirement of paragraph (k) of § 6.7 of the Development Agreement for purposes of establishing the wholesale value of the property. NOW, THEREFORE, for good and valuable consideration, the receipt and suf~ciency of which are hereby acknowledged, the parties hereto state, confirm and agree as follows: AGREEMENT l. Amendment of ~ 6.7(~. Section 6.7(k) of the Development Agreement shall be deleted in its entirety and replaced with the following: At the time of sale of the District 1 Assessment Bonds, an appraisal prepared by an MAI appraiser must show that the property in District 1 or any other District formed within the boundaries of District 1 with the completed, bond financed infrastructure is worth at least as much wholesale as the principal amount of the District 1 Assessment bonds. Alternatively, notwithstanding the foregoing, the parties may rely upon the full cash value of the property, as determined and set by the Pima County Tax Assessor's of~ce, to satisfy the appraisal requirement for purposes of establishing the wholesale value of the property if the District 1 Assessment Bonds being sold are refunding bonds and as a result of their issuance the amount of the annual payments with respect to the assessments securing such bonds will be reduced. {00000738.DOC - 2 - IN WITNESS WHEREOF, the parties have executed this Agreement the day and year written above. APPROVED AS TO FORM AND AUTHORITY: The foregoing Second Amendment has been reviewed by the undersigned attorney who has determined that it is in proper form and within the power and authority granted under the laws of the State of Arizona to the Town of Marana. Frank Cassidy, Esq. Attorney for Town of Marana APPROVED AS TO FORM AND AUTHORITY: The foregoing Second Amendment has been reviewed by the undersigned attorney who has determined that it is in proper form and within the power and authority granted under the laws of the State of Arizona to a community facilities district. Craig L. Cline, Esq. District Counsel REDHAWK CANYON COMMUNITY FACILITIES DISTRICT No. 1 sy Its {00000738.DOC - 3 - TOWN OF MARANA, an Arizona municipal corporation By Its U.S. HOME CORPORATION, a Delaware corporation By Its The foregoing instrument was acknowledged before me this day of , 2005 by , its of U.S. Home Corporation, a Delaware corporation, on behalf of said corporation. In witness hereof, I hereunto set my hand and official seal. Notary Public {00000738.DOC - 4 - ~OWN OF TOWN COUNCIL MEETING TOWN OF MARANA q~ ; INFORMATION qR1ZONP MEETING DATE: May 17, 2005 AGENDA ITEM: IX. A. 2 TO: MAYOR AND COUNCIL FROM: Frank Cassidy, Town Attorney SUBJECT: Resolution No. 2005-56: Relating to Development; accepting the Red Hawk Canyon Community Facilities District No. 1 certifica- tion regarding compliance with the terms of the Amended and Re- stated Development Agreement and Intergovernmental Agree- ment (Red Hawk Canyon) dated January 27, 1995 and amended June 20, 1995 in anticipation of the sale of District refunding bonds in the approximate aggregate principal amount of $5,070,000. DISCUSSION Paragaph 6.7 of the Amended and Restated Development Agreement and Intergovernmental Agreement (Red Hawk Canyon) dated January 27, 1995, requires the Red Hawk Canyon Com- munity Facilities Districts to certify to the Town of Marana their compliance with all of the re- quirements set forth in paragraph 6.7 of the agreement prior to the sale of bonds. Red Hawk Canyon Community Facilities District No. 1 is planning to sell refunding bonds in the aggregate principal amount of approximately $5,070,000 on May 26, 2005, and has submitted its certificate of compliance in accordance with paragraph 6.7 of the agreement, as amended. Approval of the certificate of compliance will enable the timely sale of bonds by Red Hawk Canyon Community Facilities District No. 1. RECOMMENDATION Staff recommends adoption of Resolution No. 2005-56, accepting the certificate of compliance as presented by Red Hawk Canyon Community Facilities District No. 1 for the sale of the 2005 refunding bonds in the principal aggregate amount of approximately $5,070,000. ATTACHMENT(S) Certificate of Compliance SUGGESTED MOTION I move to adopt Resolution No. 2005-56. (00000733.DOC/} FJC/Cds S/11/OS MARANA RESOLUTION NO. 2005-56 RELATING TO DEVELOPMENT; ACCEPTING THE RED HAWK CANYON COMMUNITY FACILITIES DISTRICT NO. 1 CERTIFICATION REGARDING COMPLIANCE WITH THE TERMS OF THE AMENDED AND RESTATED DEVELOPMENT AGREEMENT AND INTER- GOVERNMENTAL AGREEMENT (RED HAWK CANYON) DATED JANUARY 27, 1995 AND AMENDED JUNE 20, 1995 IN ANTICIPATION OF THE SALE OF DISTRICT REFUNDING BONDS IN THE APPROXIMATE AGGREGATE PRINCIPAL AMOUNT OF $5,070,000. WHEREAS, Red Hawk Canyon Community Facilities District No. 1 is planning to sell re- funding bonds in the aggregate principal amount of approximately $5,070,000 on May 26, 2005; and WHEREAS, approval of the certificate of compliance required under paragraph 6.7 of the Amended and Restated Development Agreement and Intergovernmental Agreement (Red Hawk Canyon) dated January 27, 1995, will enable the timely sale of bonds by Red Hawk Canyon Com- munity Facilities District No. l; and WHEREAS, the Mayor and Council of the Town of Marana feel it is in the best interests of the public to accept said certificate of compliance. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the certificate of compliance submitted by Red Hawk Canyon Commu- nity Facilities District No. 1, attached to and incorporated by this reference in this resolution as Ex- hibit A is hereby accepted for and on behalf of the Town of Marana, and the Mayor is authorized to sign it on the Town's behalf. IT IS FURTHER RESOLVED that the Town's Manager and staff are hereby directed and au- thorized to undertake all other and further tasks required or beneficial to carry out the terms, obliga- tions, and objectives of the aforementioned intergovernmental agreement. PASSED, ADOPTED, and APPROVED by the Mayor and Council of the Town of Marana, Arizona, this 17th day of May, 2005. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney (00000734.DOC FJC: cds 5/1 !/OS RED HAWK CANYON COMMUNITY FACILITIES DISTRICT NO. 1 CERTIFICATION REGARDING COMPLIANCE WITH THE TERMS OF THE DEVELOPMENT AGREEMENT (RED HAWK CANYON) Pursuant to the provisions of Section 6.7(x) of the Amended and Restated Development Agreement and Intergovernmental Agreement (Red Hawk Canyon) dated as of January 27, 1995, and the First Amendment to the Amended and Restated Development Agreement and Intergovernmental Agreement (Red Hawk Canyon), dated as of June 20, 1995 (together, the "Development Agreement"), the undersigned, on behalf of the Red Hawk Canyon Community Facilities District No. 1(the "District"), hereby certifies as follows: 1. The District will authorize the issuance of District assessment revenue refunding bonds in an approximate aggregate principal amount of $5,070,00 (the "2005 Refunding Bonds") [see Section 3.1C of the Indenture of Trust and Security Agreement, as amended and supplemented by the First Supplement to Indenture of Trust and Security Agreement (together, the "Indenture")]. The District has not authorized the issuance or sale of revenue or general obligation bonds. 2. The plan of finance for the 2005 Refunding Bonds will include a debt service reserve fund equal to ten percent (10%) of the outstanding principal amount of the 2005 Refunding Bonds, such amount may be reduced if required by federal tax law (see definition of "Reserve Fund Requirement" in the Indenture). 3. The 2005 Refunding Bonds will be secured by an assessment lien that is subject only to the lien for general taxes (see A.R.S. § 48-721(B)), and the District has extended the assessment lien until June 1, 2009, or until the 2005 Refunding Bonds are fully paid. 4. The 2005 Refunding Bonds will mature on June 1, 2009, and will bear interest at a rate not to exceed 7.0% per annum (see Section 3.1 C of the Indenture). 5. With this Certification, there is a concurrently considered Second Amendment to the Development Agreement that allows for the Pima County Assessor's full cash value of the property to be used instead of the MAI appraisal for purposes of establishing a wholesale value of the property of not less than the principal amount of the 2005 Refunding Bonds, thus, providing not less than a 1 to 1 ratio of land value to principal amount of the 2005 Refunding Bonds. Moreover, the District certifies that the Pima County Assessor's full cash value of the property is in excess of $6.8 million. 6. The 2005 Refunding Bonds will be offered and sold to "qualified institutional buyers," as such term is defined by the Securities Exchange Commission in Rule 144A, and will have restrictions that prevent the sale or transfer of such 2005 Refunding Bonds in authorized denominations of other than $250,000 or more, unless and until such 2005 Refunding Bonds {00000739.DOC /}L'Council Packets 2005`OS-17-OS Red Hawk Cert of Comp 00000739.DOC meet certain requirements set forth in the Development Agreement, as amended (see Section 3.4B(2) of the Indenture). 7. The 2005 Refunding Bonds will have a minimum denomination of $250,000 or more and will have restrictions that prevent the sale or transfer of such 2005 Refunding Bonds in principal amounts less than $250,000 (see definition of "Authorized Denomination" and Sections 3.1B; 3.4C; 3.SA; and 4.3 of the Indenture). 8. The Development Agreement indemnifies the Town and its agents and employees and holds the Town and its agents and employees harmless for, from and against any and all claims and costs incurred, including, but not limited to, reasonable attorneys' fees incurred in a challenge in any subsequent judicial or administrative proceeding to the sale of the 2005 Refunding Bonds. 9. The Official Statement relating to the 2005 Refunding Bonds, the Indenture and the form of the 2005 Refunding Bonds clearly indicates that neither the general fund of the Town, Pima County nor that of the State of Arizona or any political subdivision of any of them (other than the District) is liable for the payment or repayment of any obligation, liability, bond, or indebtedness of the District, and neither the credit nor the taxing power of the Town, Pima County, the State of Arizona, or any political subdivision of any of them (other than the District) shall be pledged therefor. 10. The assessments levied against any parcel will be prepaid prior to the transfer of legal title of such parcel to any residential lot owner, therefore, a document disclosing the existence of the assessment lien will not be required (see the Development Agreement). Should, in the future, an assessment not be prepaid, a document disclosing the lien will be prepared. 1l. U.S. Home Corporation has provided "Developer's Equity" of at least $0.25 in inftastructure and community improvements for each dollar of principal amount of the 1995 Bonds and the 2005 Refunding Bonds. Specifically, U.S. Home Corporation constructed a golf course at the cost of at least $3,500,000. 12. Each of the undersigned is an authorized representative of the respective entity, and is duly authorized to execute, agree and accept this Certificate on behalf of the respective entity. 13. IN WITNESS WHEREOF, the undersigned hereunto set their hands this day of May, 2005. RED HAWK CANYON COMMUNITY FACILITIES DISTRICT NO. 1 By Its {00000739.DOC Z - I:\Council Packets'~005'OS-17-05`Red Hawk CeR ofComp 00000739.DOC 1672~02.1 _ _ AGREED AND ACCEPTED: U.S. HOME CORPORATION By Its ACCEPTED FOR, AND ONLY FOR THE PURPOSES PROVIDED 1N SECTION 6.7(x) OF THE DEVELOPMENT AGREEMENT THIS DAY OF MAY, 2005 TOWN OF MARANA, ARIZONA By Its {00000739.DOC 3 - C`Council Packets~200S,05-17-OS`.Red Hawk Cert of Comp 00000739.DOC 1672702.1 ~pW N OF TOWN COUNCIL MEETING TOWN OF MARANA ' ' ' q '<7 INFORMATION ' '~RIZON~' MEETING DATE: May 17, 2005 AGENDA ITEM: IX. A. 3 TO: MAYOR AND COUNCIL FROM: Charles Mangum, Airport Director SUBJECT: Resolution No. 2005-57: Relating to the Marana Regional Airport; approving Architecture & Landscape Design Standards DISCUSSION The purpose of the Marana Regional Airport Architecture and Landscape Design Standards is to provide minimum required standards for development of future projects at the Airport. This document will ensure that new development will be consistent with the goals of the Town of Marana. The intention is that the Standards will apply to any renovation of existing facilities or sites, as well as new construction. This is a visual and living document that will change and evolve as the new airport terminal and restaurant are designed. The standards are needed to ensure short term and long term quality development. The Marana Regional Airport Architecture and Landscape Design Standards are airport-specific and are in addition to any existing or future design standards adopted by the Town of Marana. RECOMMENDATION Staff recommends the approval of Resolution No. 2005-57, approving the Marana Regional Airport Architecture & Landscape Design Standards. SUGGESTED MOTION I move to adopt Resolution No. 2005-57. Marana Regional Airport -Architecture & Landscape Design Standards May U, 2005 MARANA RESOLUTION NO. 2005-57 RELATING TO THE MARANA REGIONAL AIRPORT; APPROViNG ARCHITECTURE & LANDSCAPE DESIGN STANDARDS. WHEREAS, the Town of Marana desires to establish an Architecture & Landscape De- sign Standards for the Marana Regional Airport; and WHEREAS, the document referred to in this resolution as "Architecture & Landscape Design Standards" is a public record on file and available for public use and inspection in the office of the Marana Town Clerk and is also available for viewing on the Town's internet web- site. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Ma- rana, Arizona, as follows: SECTION l. The Architecture & Landscape Design Standards attached to and incorpo- rated by this reference as Exhibit A are hereby authorized and approved. SECTION 2. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to the Architecture & Landscape Design Standards. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 17`h day of May, 2005. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Regional Airport - RES draft for Archttecture & landscape design standards.doc ~pWN OF TOWN COUNCIL MEETING TOWN OF MARANA 9 M~ ; INFORMATION ' q~P1ZON~' MEETING DATE: May 17, 2005 AGENDA ITEM: IX. B. 1 TO: MAYOR AND COUNCIL FROM: Michael A. Reuwsaat, Town Manager SUBJECT: Proclamation: Wheeler Taft Abbett DISCUSSION The Town will recognize Wheeler T. Abbett for his dedication to civic responsibility and the betterment of the community through his significant contribution to the opening collection of a new regional library. RECOMMENDATION Staff recommends approval of the Proclamation. SUGGESTED MOTION I move to adopt the Proclamation regarding Wheeler Taft Abbett. BLU Abbett Proclamation.doc Proclamation Wheeler Taft Abbett, Sr. WHEREAS, Wheeler T. Abbett, Sr. was among the first 20 residents of Continental Ranch; and WHEREAS, Wheeler has been an active member of the community and has used his considerable talents and energy to better the Town through volunteer activities, including chair of the Marana Planning 8i Zoning Commission for several years; and WHEREAS, the Town of Marana and Pima County have undertaken a joint project, a new regional library, to be located on the grounds of a district park near the corner of Silverbell and Cortaro Roads; and WHEREAS, Wheeler desires to continue his support of the Town and the services it provides to citizens by making a substantial contribution toward the opening collection for the new regional library. NOW, THEREFORE, the Mayor and Council of the Town of Marana recognize and commend Wheeler Taft Abbett, Sr. for his creativity, sense of community, and commitment to strengthening the literary and leisure needs of a growing region through his generous contribution of $1 million toward the opening collection for the new regional library. Fl1RTHER, in recognition of his generous gift, the Town Council urges Pima County to consider naming the library in honor of Wheeler's family - to be known as the Abbett Public Library Dated this 17`h day of May, 2005. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk 1pW N OF TOWN COUNCIL MEETING TOWN OF MARANA q~~ INFORMATION qR1ZONA MEETING DATE: May 17, 2005 AGENDA ITEM: IX. B. 2 TO: MAYOR AND COUNCIL FROM: Barbara C. Berlin AICP, Planning Director SUBJECT: PUBLIC HEARING. Ordinance No. 2005.13: Relating to Development; rezoning 34.6-acres of land from "R-36" to zone "F" and creating the Casa Sevilla Specific Plan. DISCUSSION Jon Thomas of Brex, LLC, on behalf of the Kapsal Family Trust, is requesting approval of a rezoning for a 34.6-acre site to develop a gated residential project with 34 site-built homes. The subject area is bordered by Tangerine Road to the north, Migitty Lane to the west, Camino Del Oeste on the east and vacant residential property to the south. Approval of this rezoning will rezone the subject area from "R-36" to "F" Specific Plan and adopt the Casa Sevilla Specific Plan. The purpose of the specific plan zoning option is to provide functionality and creativity in site planning and design. The Casa Sevilla Specific Plan integrates several unique design and development regulations supportive of the site's natural resources and conducive to a cohesive neighborhood. This Specific Plan will create a cluster development that minimizes total site disturbance up to a maximum of twenty-three percent, while the Plan's development regulations include standards for the preservation of the seventy- seven percent of natural undisturbed land. The Casa Sevilla Specific Plan also provides for a diverse housing product by providing a zero lot line development. The regulations also allow for an unusually long cul-de-sac which also minimizes total site disturbance. REZONING REOUEST The applicant proposes a 34-unit gated development, while gading no more than 23% of the parcel. The Casa Sevilla Specific Plan proposes to preserve approximately 24.65-acres of natural undisturbed open space. This project as proposed provides the necessary amenities for such a community, while preserving natural open space. A centrally located recreational area of 15,476 square feet will be constructed to serve the project. The development proposes an overall density of less than 1 RAC. The homes will range from 2,500 to 2,700 square feet and use a zero lot line concept. The applicant is providing the ability for single or two-story units to be developed. The individual lot areas will be provided with open decorative fence along the rear property line facing the natural open space. 072004 PCZ-03131 Tortolita Vistas SP.doc GENERAL PLAN AND RELATED OTHER PLANS The Town of Marana General Plan Update, ratified March 11, 2003, designates the subject area as Low Density Residential (LDR). The LDR is characterized by single-family detached homes on large lots where the retention of a rural, open character is desired. Environmental factors may allow for clustered housing projects. The site is also identified in Marana's Environmentally Sensitive Lands area therefore, Marana General Plan goals for Environment are important in guiding this site's development. The proposed onsite development conforms to the General Plan's goals for new developments to be planned and built in ways that are sensitive to the natural terrain and still satisfy market needs. This project proposes solutions that represent the General Plan's Vision for community values, and natural resource preservation. This development proposal provides the Town with a diverse housing product, through sensitive environmental planning. The interrelationship and implementation of all of these development concepts work toward Marana's Vision for Environmentally Sensitive Lands. This rezoning supports the environmental policy of disturbance mitigation for new development. Per the adopted General Plan the proposed rezoning also requires a minor amendment to the General Plan. The minor amendment is incorporated into this process and would allow for the General Plan land use designation to be changed from Low Density Residential (LDR) to Master Planning Area (MPA). The proposed project meets the criteria far a minor amendment and therefore staff is including the review and recommendation for the minor amendment to the General Plan in conjunction with this application. CIRCULATION Access to the subject area will be provided by Tangerine Road through a gated entrance just west of the Camino de Oeste alignment. The local neighborhood street will be private and designed to minimize site disturbance in accordance with the Specific Plan Development Regulations. The private street will not provide on-street parking. The development is providing off-street parking in front of the garages as well as parking spaces located at the recreation center. The applicant has received acceptance by the Northwest Fire District and the Town of Marana to provide residential sprinkler systems in lieu of a second point of access. With the sensitive environmental design of the project and the preservation of the washes both east and west of the development the deletion of a second access requirement has been accepted by the Town. The local neighborhood street will include wedged curbs and should have minimal effect on drainage patterns. Open Space, Recreation, & Environment The set-aside area will remain as natural undisturbed open space in perpetuity through the creation of a conservation easement. The conservation easement will run with the land and be enforced by the homeowners association. The applicant proposes approximately 24.65 acres of natural undisturbed open space and 0.36 acres of functional open space to be used as community -2- 051705 PCZ-03130 Casa Sevilla SP.doc recreational facilities. The recreational community center will be centrally located and include a swimming pool for the convenience of project residents and guests. A biological evaluation and formal conservation plan will be executed and implemented through the regulations of the subject area's Covenants, Codes, and Restrictions. Further regulation is provided through the proposed Landscape Preservation Plan included in the Specific Plan and the creation of a custodial plan for HOA habitat maintenance responsibilities. The specific criteria for re-vegetation, landscaping, site preparation and design standards related to the Conservation Plan, C.C.&R.'s, Landscape Plan, Native Plant Permit, or any others that may impact a natural resource shall be subject to the Town's approval. SEWER & WATER All lots will be served by extending the existing Pima County Wastewater Management sewer system. The existing 15" sewer line located at Camino de Oeste and Tangerine Road must be extended to serve the development. Pima County Wastewater Management has not committed to providing capacity to serve the area and state that the capacity commitment is accomplished in connection with an executed sewer service agreement at the time of preliminary plat. Tucson Water will provide potable water, as there are already existing Tucson Water mains in the area. The City of Tucson Water Department has provided a letter indicating the area has an assured water supply. RECOMMENDATION: Staff recommends approval of Ordinance No. 2005.13, the Casa Sevilla Specific Plan, with the recommended conditions: RECOMMENDED CONDITIONS OF APPROVAL 1. Compliance with all provisions of the Town's codes, ordinances and policies of the General Plan as current at the time of any subsequent development, including, but not limited to, requirements for public improvements. 2. This rezoning is valid for five years from the date of Town Council approval; if the developer fails to have a final subdivision plat recorded prior to the five years the Town may initiate the necessary action to revert the property to the original zoning (R-36), upon action by the Town Council. 3. The final design of all streets and circulation related facilities shall be accepted by the Northwest Fire District or other applicable Fire Service Provider prior to the Planning Commission's consideration of the preliminary plat. 4. Before a certificate of occupancy is issued for any dwelling unit on the Property, the Developer shall have completed or shall provide evidence to the Town's satisfaction that Developer has made a diligent effort to complete the process of having the Property annexed into a fire district or otherwise provide for fire protection service. -3- OS 1705 PCZ-03130 Casa Sevilla SP.doc 5. The final design of all streets and circulation related facilities, including the gated access, shall be accepted by the Northwest Fire District or other applicable Fire Service Provider prior to the Planning Commission's consideration of the preliminary plat. 6. No perimeter or drift fencing is to be installed, unless recommended by U.S. Fish and Wildlife Service, or as necessary to prevent unauthorized vehicular access, and is acceptable to U.S. Fish and Wildlife Service. 7. This project is within the Proposed Critical Habitat for cactus ferruginous pygmy owl and must meet U.S. Fish and Wildlife development criteria. 8. The HOA as established, and accepted by the U. S. Fish and Wildlife Service and the Town of Marana to control, maintain, and manage both residential areas and open space, shall implement those recommendations set forth by the Town of Marana and the U.S.F.W.S. 9. The Town, or an agreeable third party, shall reserve the right for future site inspection for the purposes of habitat monitoring and management. 10. A conservation plan shall be developed to manage all opens space areas and undeveloped residential areas and submitted with the preliminary plat. U.S. Fish and Wildlife must approve said plan prior to submittal of the preliminary plat. 11. The Town shall accept the final Covenants, Codes, and Restrictions prior to Town Council consideration of the final plat. 12. The preliminary plat shall be in general conformance with the Land Use Concept of the Casa Sevilla Specific Plan. 13. The Developer shall dedicate, or cause to have dedicated, an additional 75' along the northerly property line to meet the future 300-foot right-of-way for Tangerine Road. 14. A sewer service agreement and master sewer plan must be submitted by the Developer and accepted by Pima County Wastewater Management and the Town Engineer prior to the approval of the sewer plans. 15. A water service agreement and a master water plan must be submitted by the Developer and accepted by the Town of Marana Utilities Director and/or Tucson Water prior to the approval of the water plans. 16. Maximum building height shall be restricted to 23 feet. 17. Where applicable view fencing, similar to wrought iron fencing, shall be constructed at the rears of the residential units. 18. The applicant shall include detailed residential design guidelines with the first preliminary plat or development plan submittal. 19. No approval, permit, or authorization of the Town of Marana authorizes the applicant and or landowner to violate any applicable federal or state laws or regulations, or relieves the applicant and or landowner from the responsibility to ensure compliance with all applicable federal and state laws and regulations, including the Endangered Species Act and the Clean Water Act. The applicant is hereby advised to retain appropriate expert and or consult with federal and state agencies to determine any action necessary to assure compliance with applicable laws and regulations. -4- 051705 PCZ-03130 Casa Sevilla SP.doc 20. An annual report shall be submitted to the Planning Department within 30 days of the anniversary of the Town Council's approval of the Specific Plan in addition to those requirements listed in the Land Development Code and Specific Plan. 21. Upon adoption of the ordinance by the Mayor and Council approving the Casa Sevilla Specific Plan, the applicant shall provide the planning department with the following final edition of the Casa Sevilla Specific Plan: one non-bound original; 25 bound copies; and, one digital copy in Microsoft Word or other acceptable format, within 30 days of the adoption. SUGGESTED MOTION I move to adopt Ordinance No. 2005.13. -5- 051705 PCZ-03130 Casa Sevilla SP.doc MARANA ORDINANCE NO. 2005.13 RELATING TO DEVELOPMENT; RELATING TO DEVELOPMENT; REZONING 34.6- ACRES OF LAND FROM "R-36" TO ZONE "F" AND CREATING THE CASA SEVILLA SPECIFIC PLAN. WHEREAS, T-K Engineering represents the property owners of approximately 34.6-acres of land located within a portion of Section 1, Township 12 South, Range 12 East, as depicted on Exhibit "A", attached hereto and incorporated herein by this reference; and, WHEREAS, the Marana Planning Commission held a public hearing on January 26, 2005, and at said meeting voted 6-0 (Commissioner Allen excused) to recommend that the Town Council approve said rezoning, adopting the recommended conditions; and, WHEREAS, the Marana Town Council heard from representatives of the owner, staff and members of the public at the regular Town Council meeting held May 17, 2005 and has determined that the rezoning meets the criteria for a minor amendment to the General Plan, changing the land use designation from Low Density Residential to Master Planning Area and should be approved. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section l. A minor amendment to the General Plan of approximately 34.6-acres of land located within a portion of Section 1, Township 12 South, Range 12 East, at the southwest corner of Tangerine Road and Camino de Oeste, (the "Rezoning Area"), changing the land use designation from Low Density Residential to Master Planning Area. Section 2. The zoning of approximately 34.6-acres of land located within a portion of Section 1, Township 12 South, Range 12 East, at the southwest corner of Tangerine Road and Camino de Oeste, (the "Rezoning Area"), is hereby changed from Zone "R-36" (Single Family Residential, 36,000 sq. ft. minimum lot size) to "F" (Specific Plan) creating the Casa Sevilla Specific Plan. Section 3. The purpose of this rezoning is to allow the use of the Rezoning Area for single family detached and attached home development, subject to the following conditions, the violation ofwhich shall be treated in the same manner as a violation of the Town of Marana Land Development Code (but which shall not cause a reversion of this rezoning ordinance): Marana Ordinance No. 2005.13 Page 1 of 3 1. Compliance with all provisions of the Town's codes, ordinances and policies of the General Plan as current at the time of any subsequent development, including, but not limited to, requirements for public improvements. 2. This rezoning is valid for five years from the date of Town Council approval; if the developer fails to have a final subdivision plat recorded prior to the five years the Town may initiate the necessary action to revert the property to the original zoning (R-36), upon action by the Town Council. 3. The final design of all streets and circulation related facilities shall be accepted by the Northwest Fire District or other applicable Fire Service Provider prior to the Planning Commission's consideration of the preliminary plat. 4. Before a certificate of occupancy is issued for any dwelling unit on the Property, the Developer shall have completed or shall provide evidence to the Town's satisfaction that Developer has made a diligent effort to complete the process of having the Property annexed into a fire district or otherwise provide for fire protection service. 5. The final design of all streets and circulation related facilities, including the gated access, shall be accepted by the Northwest Fire District or other applicable Fire Service Provider prior to the Planning Commission's consideration of the preliminary plat. 6. No perimeter or drift fencing is to be installed, unless recommended by U.S. Fish and Wildlife Service, or as necessary to prevent unauthorized vehicular access, and is acceptable to U.S. Fish and Wildlife Service. 7. This project is within the Proposed Critical Habitat for cactus ferruginous pygmy owl and must meet U.S. Fish and Wildlife development criteria. 8. The HOA as established, and accepted by the U. S. Fish and Wildlife Service and the Town of Marana to control, maintain, and manage both residential areas and open space, shall implement those recommendations set forth by the Town of Marana and the U.S.F.W.S. 9. The Town, or an agreeable third party, shall reserve the right for future site inspection for the purposes of habitat monitoring and management. 10. A conservation plan shall be developed to manage all opens space areas and undeveloped residential areas and submitted with the preliminary plat. U.S. Fish and Wildlife must approve said plan prior to submittal of the preliminary plat. 1 l. The Town shall accept the final Covenants, Codes, and Restrictions prior to Town Council consideration of the final plat. 12. The preliminary plat shall be in general conformance with the Land Use Concept of the Casa Sevilla Specific Plan. 13. The Developer shall dedicate, or cause to have dedicated, an additiona175' along the northerly property line to meet the future 300-foot right-of-way for Tangerine Road. 14. A sewer service agreement and master sewer plan must be submitted by the Developer and accepted by Pima County Wastewater Management and the Town Engineer prior to the approval of the sewer plans. Marana Ordinance No. 2005.13 Page 2 of 3 15. A water service agreement and a master water plan must be submitted by the Developer and accepted by the Town of Marana Utilities Director and/or Tucson Water prior to the approval of the water plans. 16. Maximum building height shall be restricted to 23 feet. 17. Where applicable view fencing, similar to wrought iron fencing, shall be constructed at the rears of the residential units. 18. The applicant shall include detailed residential design guidelines with the first preliminary plat or development plan submittal. 19. No approval, permit, or authorization of the Town of Marana authorizes the applicant and or landowner to violate any applicable federal or state laws or regulations, or relieves the applicant and or landowner from the responsibility to ensure compliance with all applicable federal and state laws and regulations, including the Endangered Species Act and the Clean Water Act. The applicant is hereby advised to retain appropriate expert and or consult with federal and state agencies to determine any action necessary to assure compliance with applicable laws and regulations. 20. An annual report shall be submitted the Planning Department within 30 days of the anniversary of the Town Council's approval of the Specific Plan in addition to those requirements listed in the Land Development Code and Specific Plan. 21. Upon adoption of the ordinance by the Mayor and Council approving the Casa Sevilla Specific Plan, the applicant shall provide the planning department with the following final edition of the Casa Sevilla Specific Plan: one non-bound original; twenty-five bound copies; and, one digital copy in Microsoft Word or other acceptable format, within thirty days of the adoption Section 4. All Ordinances, Resolutions and Motions and parts of Ordinances, Resolutions, and Motions of the Marana Town Council in conflict with the provisions of this Ordinance are hereby repealed, effective as of the effective date of Ordinance No. 2005.13. Section 5: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 17th day of May, 2005. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Marana Ordinance No. 2005.13 Page 3 of 3 _ PLANNING _ & - _ ~ ZONING MARANA ~ ~ ~ CASE NO. PCZ-03130 TOW N OF MARANA ~ ~ ,m y~. _ ~ . ~ ~ ~ . . . ~ ~ _ ~F~ ~ x~~ ~ _ - ~ ~ - ~ ` a ~ ~4 ~ ~S. ~t~ ~ »x 33 ~ n ~ k { i. ~ t '3" ~ ~ ~ ' i ~i K( 4 ~ R9:: ~ : e . , . . ~ , . ~ a .~~zr.~. ~:f.^; s~~~y'~. ~ . ~ . .5~.?~~ < ~ „t ~a~`~ ~ ~ ; a s.~~. . . .:e~ t ~ , . ~ ~ ~ ~ REQUEST ' ~ Request to rezone approximately 34.64 acres from "R-36" (36,0~00 square foot mini~mum lot)~ to "F" (S~pecific Plan). ~ ~ NOV-17-2003 15~34 TK ENGINEERING 440 975 1774 P.01i01 ~ ~ _ _:•1~ ` rowlv o~ zv~taxarr~ M~R Planuing and Zoning Dcparunent - 3696 W. Orange Grove Road± Tucson, AZ 8~741 , ' e-•~ (520) ~9?-2920 Fax: (SZO) 297-3930 PLANNxNG & 201VTNG APPLICATYOIV ~:~.~F~~ =~`~-:~."=xw==::~:::^-'=:*-~'= = .=<:~.1':'TYPE O~'1iPP~T.ICA.'x10I`i~fQieckO~i r_~.:. _ . ~ ~ - i I] Pr:liminary Plat ~ Gcneral Plaa Amendment ~ ~ G arfaucc ' ~ U Fina] Plat ' ~ SpeciSc Plan Amrndment ~ Conditional Use Pern~ii . G Developmen[ Plan rJ Rezoae ' ~ ~ Other "J Landscapc Plan ~ Sigrrificant Land Lise C~an~c ~ \ative P1antPtrs~i: ~ 2. G~ENERAL D 4'Y'A ~QUS~D . ; ~ I Assesso:'s Parcel ' Geaeral Plan Desi~?aation ;:ti;zApe.ls} ! 216-O1-011E I(7'o be conurmed by~staffl ( ' C-ross ?.:e4 (,4cn15q. r,.; ~ f Currcnt zomn~ I ~ I(To bc wnSrmtd bv staftl R36 Developmend ~ ~~1~ Praposcd Zoning f S i£i.C plan Project \ame ~ ~ Projec~ Locauoa Deseripaon ofProject I 34 Unit vel Proper~• Owner , -The Kapsal Family Trust Srretic Address ~ 6420 N. Mesa View Dr. Tuesari ~ 5i`:` AZ ~ '~r,: I T.ip Code Phaoe lvumber Fax lvumba I&M~il addrs,; _ $S7~ 8 .:~•.r.~ ~x~Y~ COntHtL PC250n I Phone Nium6er .7Qt1I1 ~(3~i31 i A.pplicant ' .g~, I.i..C I SaeetAdd~ess PQ Bax 69383 ciq' s:x~ ~ (7i~a Valley ~ ~ cra Cod: Phone Nmr~her Fax Nwr~ba E-Mvl ~cnrss ` 85737 t5Z0) 498-2322 t520) 498-2323 Contac~ Person ~,J~ ~5 i 520 ) 498-2322 . ~ AgenURepreseutatire ~ Br2X, Lt,C Sae~c ~.ddress + PO Bc~x 64383 G~ S~xu I c~ro Valley AZ csP Coa Phone Numba Fatt Numba E-Mw'l Addr..s; ~ 85737 i520) 498-2322 (520) 498-2323 ; Cvniac~ Pe~son I,~p~ ~j+~~S ? Mal~ag2T~ M~ber Ma~a BusmeSS L~ceosc ?vn ~ ~ - -:3:=4D~OR~A~01~0$P~2.Q~',ERT.~ ~ ~ ~ ` ~ - . ' - ~0~~- ;;i;.,"r: - - ; I, the imd.,-:si~ed cez~y that all of rhe facta set forth in tbis applicarion are tnu to tl~e best of my ~owIe~e aad that I am eish:.r tr: ' owner of che prope~rt}~ or tbar I ba~•e bee~ authorizcd ' wri thc owuer to fsle this a 'o~ (!i aot owver af reeord, arcae~ ~ R'ritten aut6orization from ffie o~rner.) ~ J o~t ~-ryo~~ t ~ i o 3 : P~r \tame of Auniicaa~' ~enr 5i ture Date ~ FOR OFFI USE ONLY Case No. p " 3~~ Daze Rectived (~S ~ _ 3 Receipt?Vo. _~~e~j~~ ~ ~ cxw ro. PCZ.03 t ~~~IJR RCCC7vtd $y~ . . e ~n~~.> FCL' AI7lQlmt s` O~e~JW~ •OV w~ TOTAL P.01 SUPPLEMENTAL SHEET Type of Project: ~ Residential ? Commercial~ Industrial ~ Other (explain) Project Location: ne ud (d C'ami nc~ r9a nP4~"P ( St~i~th~~~+- ['nrnar) Project Area: sq. ft. 34. 64 acres RiSIDENTIAL: Number Density i BR 2 BR 3= BR Apartments ~nits ~ RAC I Single Family Attached uni s Other units RAC 34 Q.98 TBD TBD TBD Parking: Total on-site: Ratio: ~ m; n_ per unit. Garage: ~ Carport: Open: 2 Open Space: 29, 98o sq. ft./unit. Patios: 157 sq. ft. Balconies: ~n sq. Storage Areas: cu. t./unit Total Building coverage NON-RESIDENTIAL: Hours of Operation: a.m. to p.m. through ~ Number of Shifts: Employees/Shift: Total Employees: Gross Floor Area: sq.ft. Existing: sq.ft. Proposed: sq.rt. Paricing Spaces: spaces Ratio: /sq. ft. or Employees Seating Capacity: Number of Students/Children: . (If appficable) (When applicable) Building Coverage: % Landscaping: % of the site LIST RELATED CASES CASE # FILE NAME/PROCESS 1. 2. 3. ~ 4. 5. H:~PLANNING\FORMS\DEVPKG\19971Dprapp97.doc Page 7 of 8(Rev. 5/3/99) FROM :TOWN OF MARANA - PLANNING FAk N0. :520-297-3792 No~, 14 2003 08:58AM P1 TOWN OF MARANA PLANNING DEPARTMENT REZONEIMPACT STATEMENT DEVELOPMENTIt'ROJECT NAME; Sevilla , ryM l. l1REt\ OP PROPER7X: SQ. r~'. 34. 64 qCRES 2. LoG~~'zotv: Southwest corner of _ Tangerine Rd. (a Camino de Oeste 3. •r~c~srruc 7oNrNC;: R36 ProPOS~v Zo!vztvc: Specific Plan T..[S~r. .IZFt,A-r.F~ CASFS: CASP # FILF~PROJECT NAML 7.. UESCRTT3E TI TF PRnPC)5'~+U USH Or.' THF_ .(~ROPEf'lY: Single-family cluster units with a recreationa.l center and land conservation. 2. S'T'A'['H. WHY'fT=1T,5 US}~: f3Rf~IF.NI°l'S'CkiE COM1~IML'N(TY A? LARGL: The develop~nent provides a low density living option to residents. The development a~so provides for a preservation of environmentally sensitive land. I~nn<• r2 or IH /~t7J!us[ 20111 I~I:\~FI ~hf'.I? ('iL19S\ f.tcviaw Ch:~~kltsr.:\R:;?mtn.d x NOU-14-2003 11 ~ z2 S~ta ~~7 ~7q~ ci~ ~ o ra~ FROM :TOWN OF MARANA - PLANNING FAX N0. :520-297-3792 Nov. 14 2003 0B:59AM P2 3. IP Ti IF.. PRQI>pSED USr IS RF,S. (f)EN?IAL, I IQW MAtVY TOT/tL RFSip~N't tAL UNiTS Wll.i.'xHP_[iE B~ ON't'HE PROPBP.TY'7'0 BF. RF.ZONLD? . MUL'~I-P/~htTCY I~UMES S1TE-I~U1LI' HOMIS . ~ MA~IUkACfURL• D I•IC~1~1~5 34_ _ ~~~HF,R (D[SCRIDE~~ ~StOiil HOiII~S WI1..L 2FIE SUT~JP..CT PP.(~PFCtk RL 9PLIl' iNTO ADDfTtONA1. t..UT51 ~ YLS ? NO T:F XFS, HOW MANY TUTAL LQ7S W I1..f.. THLRL BE ON 1'HF 1'ROPE[tTk TO t3E f:Ei7.pVL•D, AND ~VHAT Sl7.;E (Ih ACRLS~ WI I_I, FAGH LOT BF.? 34 lots @.12 acres/lot. The remianing area will be for conservation and recreation. 3 5. If~ A~niTtONAL LOTS WTLi_ r~F CRE~TLD BY TH?S RET.ONIt~C, !-IOW 4v[f;l;, .ALL~-WLAT.I IER ACGESS PL PC~OViD~iD TO Tt-tF.SB 1.025? Via an improved roadway into the site from Tangerine Rd. _ There is an opportunity to provide access through a proposed sanitary easement. 6• W FIA'~` tS TkiE MI~Xt?VfUM PROI'OSL'D BUfLD(;VG kiElCiHI'~ 25 IaE,ET, 2 STQ~2IG5 7. PROVIUE ~1N F:S~'~MATF OF WII.L~I PROTY?Sk~:l71?EVFLOPME~IT WitL DP. S'fA~'T'~P AND CO:v(PLf•_'TkiU. S~nr.Tinf~ nA~i~r: Zp~4 _ COMPLF~i'IO.t~ DATE: 2~~ti 8. IP'fFiE P.~tOPOS~sD DEVEi.Q1>.MENT IS COh4ivirRC:TA1„ (~R iNDUSTRIAL: A. HCW iv~AtVY FMPLOYE~S A~F... ANTIC[PATLDI _ N~A T3. I IOW ~tAnfY PARKTKG SPACF.S WfLL L~S PROVIQrD? jq~~ ° C. W.t-InT AR~ Ti-TF. F±X!'~CTED HOUCLS OF Ol'RhA~'IOlV7 _„w_ N~A Vnp.n ~13 M~'IN Aurucl 7J!i1.9 II:\5[4ARGD ffL~n,Rnvl~~w i~l~r~~ktl~i~\~i.~!nnc•,Ju~ NOU-14-2003 11~22 520 29? 3792 97X P.02 'FROM :TOWN OF MARANA - PLANNING FAX N0. :520-297-3792 Nov. 14 2003 08:59AM P3 D. WIL[.qSEPAf:A1~LOnnlNC;ARLA~EPR~VIf~ED?~N A (Ir X~s, 4}ipW LOCATiON ON PR6Lit~iINARY DEVF~pPMENT,PLI~N.) L. ~1~PROXlM~'t H, 5GZTs QP 13UILDINGS (SQ. I'~'.): N~A , 9. POf: COt~dMFRC'I,AL OR iNpUS'~RtAt, DLVF~OPMLNT$, UR RES?hEPITIAI. ~BV~LOI'b1LNTS QP THRNE (3) RESTDENCES PT'R AC[2L (~F C;RLATF?,~t; A. ST/~TE W.HICJ-I BUFFP,.I~YA1:f7/S RLQUIR~D, PER TfTLL• 17nF'[x-IE'1~OW!~f OP MA~AtV/~ LAN1? DF.VF.LOPMl3NT CODL: . 1~. D~SCPiDE'I'i-lE' gUCI'L•R TT-{A7' 1vILL DE :PROVIDLD (Sl"AT~ BUFPLI: W[i~~'H, USE O.E WALLS, ,~ND TYAfi OP PL~11`1' M.A'fF,,RtAL) Tn M~ET?HL `f~Wnf OF M 1RAtVq j,AND IUhVELOPM~NI' CODL• I~LQUZCtE~iFNTS: . N~A _ _ - - 10. IF T]-IL PRQPOSFI~ ~%.FVF:LOP;~tENI' i5 AN INP.L~ST~IAL PROJLCI', STA'1'F'CHE lNDUST~Tn1. WASiES ?I-It1? WILL IIF_ PRnT?UCI',f7 AND ~IOW'~I-CCX WT~i:.13E DISP0.SLD. (DTSCUSS 7'HB.MEt1N5 OT DISPQSAi. WITFI ~'Hl; PIMr1 COUN'P1' WASTFWATF_~t MA:vAGL•M~tv'I' DF,,(~AR?MENT AT (S20} 790-65OQ ANU'~'HE DFPAR'~MFI~'T OP ENV~RONMENT.AI. ~VAL~TX nT (520) 7~0-3.340. [,(Si' .Atvy PCWW oR PD1~Q r.rQvrr.H.M.F~-rs A[~PI.TCAF3LE TO?H(5 P[~OIi:C'C,): N/A r~r.. ~~r iA nu~;~~~:~ ^<ena 1~1:\$ftt~IlFSI? I'll_lS~1icvlow l~.hc~ikittl4\I<t~.ronP.doc NOU-14-2003 11~22 5z0 297 3792 97x p az FROM :TOWN OF MARANA - PLANNING FAX N0. :520-297-3792 No~. 14 2003 06:59AM P4 7.. ~RF_ THF;RF F.XISTINC L'SLS ON'kl-iF Sf.TB? 0 YLS f~ NC? Ir Y~~, DL:SChiI1B'['NR USE, STATL'VC TIi~ NUMIIFR A.N17 TYPL OF DINLLLING u1VtT5, EUSINL3Si:5, BTC.: B. IF NO, JS ZI•IE PROPEi:"CY UNDIS?URBBD, OR ARL T!-ILRL ARE~S TT-(A'I' H A V F L~FEN GRAD[D7 The property is undisturbed. 2. IP THR I'~OPOSFT~ R~-7,pNING tS APPi:OVEfJ, WTT.L T~-LF EXiS7t.'VG USE EF REMOVL•D, AL~'P,12LD, OR REMAiN AS L4? ALtered to provide a low-density developm~nt with land conservation. 3. t1RE 7'HERE ANX F'X~STING tIT?T_TT'Y E/~ST:MC•N75 ON TEiE SUBIEC'I PTtOPkRTY~ ? YLS ~7 NO IP Y.F.S, STATL- TI-iLZR TYPF AND Wtf?'i'H, AtVD SI•IOW TI-~Li~ iACATiON C~N TI IE PRLLIMiNf~RY f~EV CLOPMENT PT AN: 4. DESCl2[T3E'~HE OVk'~AT.L TO('UGRAPI•iY OI TriE SUI3JECT PROPFRTY, AND .NOTTi WHLI'HEr ANY SiAP~S OP GR[AT~~2'tl-IAN 15'Y ARL• PRES.t3NT ON T}3E PROPFR'il(. NU"1'}~ ANY ROCkC OUTCROPPl.NGS, U~USU~~i: I.ANDi'OR.TVIS OT.OTI=[L•[~SCGNTI'IC.ANT FNVIRONMRPIT~IT_ RFSUUl:C'L5: 15~ slopes exist only in areas immediate to the.wash edges. The site slopes generally from NE to SW at +2g - Pnne ISuF1N Aq~;uuC 2Ad1 I•l:'~SEGnI<i.l) P11.PG\R~.~vl~w ChcekllaN\I.enenr..du~ NOV-14-2003 11~22 520 297 3792 96~ P.04 FROM :TOWN OF MARANA - PLANNING FAX N0. :520-297-3792 Nov. 14 2003 08:59AM P5 5, NQT'E .ANY ARLAS OI' HEAVY VFGETA'~ION ON'l'HE PRfiLibtiNdAI:Y DLVLLOP?vIE1VT PLAN: Please refer to the Specific Plan for a Vegetation description. fi. A~2L THL•RL A~VY [~JATURAC. I:~AINAGFWAYS (WA,SIILS~ Of~i T~IL SUBTEC? PROPFI2I'Y? ~ YPS CI NU IF X~,S, 9'rA°r~ W(-~FTt TL~ TI3P5L NnTUP.nt DRa[NAGE PATTF~NS iNll.~i".. RF AI :l'1?i~P:l) IdY'1'Hf{ PRnPQSED DLVL•LOP?vILNT, nND WHAT TYPE OP AI~TF,Z:A,TIQrJ I$ T'1:c~PC~SED: No chanqes to the natural..~r~inage z~atterns. 7. IS AUTHORIlA'('tON P1~0~1 .A~1Y FEt~FRAi, ST.ATT•_ OR LOCAL AGEIVCX R1;QU1[2NU? Irxr-s, ~ztovz~F tvAr.r.~.rtv?=: Standard requirements 8. APPROXZ?vtATLLk HOw ti4UCH THF SUr~lFC.. r r~Rn['ERTY iS PROPOSLD 7'O 8B GRAI?8D, INCT.UDiNC A~F,A5 wHrR~ MQS'~'vrGLTnI'ION WIU. BE CLFA[2BD? '7„~"~ nCT2~5 nND 22$ PbRCFIVT OP 1'HF ~AN[) Ai~HA. ~~OW I~fUCi-I O~ THiS nREn JS CURRL'NI'LY Gf:AllED? ~y~pp 9. DLSC~ttBb ANY REV~Gk:T'ATION PrOPOSAL IN ~~2E~'1511~I-iLRL DEVFT UPMF..N'l W(l.T. RPQC7TR& RFMQVnL OF NATURAI. VRGrTATt.01~: Landscape plans will be designed in accorda.nce with the local code. rA,,~,c c~F ix nupwt 2QO;1 tt~srrnr,r•.n r•n.es~n~,ei;~w Cher.ktlsts\Femnedet , CONTINUE FROM PREUIOUS PAGE 001 ~ [l.\SR~T.T.Dfl1,~C\Rc,vh~.wChcv^.k119Yp\1+ +dnc . 10. WILL A SLl'I'K 5X5TFM O[t T'UBL[C SLIVER B[ USLD COR Tl-IL• PCOPOSCD D~VCLOPMENT? 0 Sr:r~zc ~ S~wrtt ~F S1?PTIC iS TO ~R t?Sf'T), STA.TF WHk'f'HNR UNE CURI2EN'CLY L•XLS~'S OPt THL PROPLRTY AnTD, ~T SQ, WI IETf•IL-R ADDIT(ONS?OT1:IAT.SY.STI:M WTT_T_ f~R NFRhF.t? NOr THIS DEVBWPMF.NT. (NOTE: POR 1NFORMATION ON SLPTIC SY~'L-?v1 RLQUIR~iMLI~ITS, CALL TT•TE DE'I~AT:`I'MEN'1' UF FNVIRC~.Niv1ENTAL QvAr_t'~Y 740-334.0.): . 11. ~TOW 1VlLL W~1TLP~ BL SUPPLiLD TO Tl IL- PROi'F_R'i'Y? Water 1 i nP PxtPn~i nn r1nc.Tn Camino de Oeste, south across Tangerine Rd. and into the site. T2. IS THL .~VA~LABLL W~TLR SUPPL~ ADFQUATF FOR THB PROPOSED DF_VLLOPMENT? Y~s ? No ? NoT Sur.F ZP 1'R1VA'1'}' 51:12V1C1:13 PrOPUSED, LS I'HERL A 100-XG1[t ASSUR~SD WATrR SUPT't.Y7 ? Yrs ? No ? No~r Svr.~ a.3. 4ViLt'flifS ~'ROJECT FMPT_OY Ai~'Y WA1'FR 1=fA(:VfiS"f(NC'f'E:CkiNIQUFS7 .F,XPI..A.IN: =~ROM TOL1N OF MARANA - PLANN I NG FAX N0. : 520-297-3792 No~. 14 2003 09 : 00AM P6 DL'SCRif3L' .ql~JACNNT ANU NF,ARDY T.AND US£ TY['ES i1N17 7_ONING WITpi~(V APPI~OXIM ~ I'ELI' 5(10 FLL'1' CF TI tFSUT~JXrT.L~RO.~FRTY IN ALL Dlr.£~x[QNS: No~TH: SPecific Plan - Resid~~~i~l SouTFi: Vacant and single family Ea4T: Specific Plan - Residential W~3T: _yac-ani- 1 anr~ r.~r., ia ~a ic Auguat 20Q3 . - kt:\StII~~EIIL 1'll.l•'ti~ lu~vlPW l ~K6RII~IT~Ri7,ollt:.~n( I~lfll J-1 d-2LlGt~ 1 1: a~ SrGI aq7 ~7q~ G75~ P_ ~1F, 1pWN OF TOWN COUNCIL MEETING TOWN OF MARANA 9~ ; INFORMATION qR1ZON~' MEETING DATE: May 17, 2005 AGENDA ITEM: IX. B. 3 TO: MAYOR AND COUNCIL FROM: Barbara C. Berlin AICP, Planning Director SUBJECT: Resolution No. 2005-58: Relating to Development; approving a preliminary plat for Tangerine Crossing, Lots 1-346 and Blocks 1- 4. DISCUSSION This project was presented to the Planning Commission on April 27, 2005. The Planning Commission is forwarding this preliminary plat to the Town Council with a unanimous recommendation of approval. This project is within the Forest City Specific Plan, located at the northeast corner of Tangerine and Thornydale Roads within a portion of Section 32 of Township 11 South, Range 13 East. It is essentially a block plat with a subdivision element to it. The subdivision is 346 lots generally located in the central part of the project area. The balance of the project is block platted into four blocks: Blocks 1 and 2, which consist of the future commercial area; Block 4, which is a remainder parcel located on the north side of El Camino de Manana; and Block 3, which is a future residential block. In November 2003, the Town began proceedings to restrict the permissible disturbance of natural vegetation on the property in a manner the Town believes is more consistent with existing development trends and environmental considerations in the vicinity of the Property. This proposed change, described as the Bajada Environmental Resource Overlay District ("BEROD"), would have the effect of limiting the property's development potential otherwise allowed by the Forest City Specific Plan. The Parties prefer to avoid Town-initiated changes that affect the Forest City Specific Plan, including BEROD, by reaching ageement concerning the development of the Property as provided in the adopted Development Agreement. Included in the Development Agreement are agreed upon restrictions pertaining to minimum lot size 6,000 square feet for residential lots and the maximum site disturbance of no more than 50 percent of the property. This project will be subject to the recently adopted park fee of $2,884 per residential unit. The approved Development Agreement also includes a regional roadway contribution of $3,500 per residential unit for regional roadway infrastructure. Also per the approved Development Agreement, in lieu of the dedication of school lands, the developer will contribute a school improvement contribution fee of $1,200 per new residential dwelling unit to the Marana Unified School District. PRV-04076 Tangerine Crossing PP TC 051705.doc Tangerine Road Associates does not yet have a builder for the development. Once a builder has committed to this development, staff will review the proposed floor plans and elevations for conformance with Forest City Specific Plan, Town Standards and the Tangerine Crossing Design Guidelines. The residential development is provided with a looped road from Tangerine and Thornydale Roads. Internally the lots are connected with a looped road system to serve the lots. The on-site park and recreation requirement is a minimum of 185 square feet of improved recreation area per lot within the subdivision, which results in a minimum of 1.46 acres of improved recreation area. The active recreation area has been planned for a portion of Common Areas "A-1" and "A-2", which are centrally located within the subdivision and contain 2.3 acres. Common Areas "B" and "C" are being used for a variety of purposes such as drainage, landscaping and natural open space. The intended use and size of all of the common areas are shown in Note 1 on the preliminary plat cover sheet. ATTACHMENTS Summary application, reduction of Preliminary Plat and location map. RECOMMENDATION Staff has reviewed the request against the requirements of the Forest City Specific Plan adopted by Ordinance 2000.19 on October 24, 2000, the Marana Land Development Code, and the Development Agreement adopted by Resolution 2004-98 on July 6, 2004. This preliminary plat is in substantial conformance with all required development regulations and design guidelines and therefore, staff and the Planning Commission recommends approval of the Preliminary Plat for Tangerine Crossing. SUGGESTED MOTION I move to approve Resolution No. 2005-58. -2- 051705 PRV-04076 Tangerine Crossing PP TC.doc MARANA RESOLUTION NO. 2005-58 RELATING TO DEVELOPMENT; APPROVING A PRELIMINARY PLAT FOR TANGERINE CROSSING, LOTS 1-346 AND BLOCKS 1- 4. WHEREAS, on August 5, 1997 the Town of Marana adopted Ordinance 97.24 approving the "Tangerine Road/Thornydale Road Annexation" which included this property; and WHEREAS, Tangerine Road Associates, the owner of Tangerine Crossing, has applied for approval of a Preliminary Plat for a 346-1ot single-family home subdivision, including blocks 1 through 4 and Common Areas "A-1 "-"A-2", "B-1 "-"B-7" and "G 1" -"G31 on approximately 301 acres and is generally located at the northeast corner of Tangerine and Thornydale Roads, within a portion of Section 32, Township 11 South, and Range 13 East; and WHEREAS, the Town Council, at their regular meeting on May 17, 2005 has determined that the Tangerine Crossing Preliminary Plat should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that Tangerine Crossing Preliminary Plat, a 346-1ot single-family home subdivision within the Forest City Specific Plan and generally located at the northeast corner of Tangerine and Thornydale Roads, within Section 32, Township 11 South, and Range 13 East is hereby approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 17th day of May 2005. ATTEST: Mayor Ed Honea Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Resolution No. 2005-58 _ Tangerine Crossing _ ~ - Preliminary Plat o~ ~ I \ CAS E N - TOWN OF MARANA O. PRV 04076 ~ , _ ~ ~ ~ ~ -v:~. ~ Butterfly ~ Mountain ~ ~ k ~ ~ ~ I ~ ' „ Subject , , . Property ; ; ~ ~ ~ t ,i, ~ ~ ~ l~ fM~~ ~E~~~~ ~ ~ ~ ~ =4 , # ~ 1000 0 1000 2000 Feet ~ ~ s Dafa Disclatner ~ Sky Raneh The Town a! Muena provltles thh map iMOrmatlon "Ae ls" at thc rcquest o( _ ~ - the uaerwXh Ma unEereMntlinp that It is no[ puannteetl to be eccuratq - ~ cortect w complet~ aM concluslons dnwn from ~uch Mfwmatlon xe the ~ nspomibifrty of fh~ uaer. M no eveM shall The Town ot Marana becoma Iiable to us~rs of tlisse data, or xry other p~rty, for arry losa or direcq ind"sad, ePeciN, in<idental or j . ~ eonsaqueMiel tlemepes, I~oludiny but not IMMteE to tlms, money or ~ poodwlll. etlcinp from the use or modMication otthe tlata. REQU EST A request for Preliminary Plat approval of a 346-1ot single-family subdivision on approximately 301 acres. _ a. F- TOWN OF MARANA ~ ~ Planming and Zoning Deparqnent q i 3696 W. Orange Grove Road 4 Tucson, AZ 85741 (520) 297-2920 Fax: (52D) 247-3930 R?zo~+~ PLANNING & ZONING APPLICATTQN Preliminary Plat C] Generai Ptan At~~dment ? Var'tance ? Specific Plan Amendmont 0 Conditional Use Permit ? Development Plan O Rezone ? p~~ a~~~ P1~ ? Significant Land Use Change ? Nadve Plant Permit Assessor's Parcal a~9- 3-~- ~~g General Ptan Desig,nax~ioa Num s - - (To be confirmed bp sta~ (3ross Area (Aere/Sq. Ft.) Cuirent Zo ' 3 G o be confi~ ~ Development/ pro sed ZoAin Pro'ect Name ~ P~ g Project Location Description ofProject S1 C-~ L .e.s ~A ~ Property Owner Street Address S~ 5 ~ y T tip Cade Ph~c Nwnbor Fax Number ~Maii Address 8~~ ~ ~ ~7 'y , Contact Person Phono Nwnber J _ Applicant p, l Street Address c~ry scau "~'wc,.S Zip Code Phone Numbor ax Number &Mail Addre.s,c 8F'7 ~ 3°1 t~ - ~ ~ Contact Person ~mone Nu~nba ~ ~ 9 Agent/Represenbtive Strcet Address City s ~ ~ ~ ZiP Code Phone Number Fax Number E-Mail Address ~`1 `~q~''J` 9 lA COntaCt PCI50n Marana Business License No. ~R~ GF~ t_L_.~.,~ l~ ~'~^z.TZ~.. I, the undarsigned, certify that all of the faets set forth in this applicadon are true t~ the best of my lrnowledge and that I am either the ownex of the pro or that I have been ~uthorized in writin,~ by the ov?mer to file this application. 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B. 4 TO: MAYOR AND COUNCIL FROM: Frank Cassidy, Town Attorney SUBJECT: Resolution No. 2005-59: Relating to Development; approving and authorizing the execution of a development agreement with DM Marana Investors LLC, regarding the Sanders Grove develop- ment project. DISCUSSION The Sanders Grove Development Ageement addresses the area covered by the Sanders Grove Specific Plan adopted by the Town on March 1, 2005, an 835 acre project located north of Ma- rana Road between Sanders and Wentz Roads. The key components of this development agree- ment include: ¦ The residential design standards in the Specific Plan will control over the current or fu- ture Town residential design standards. ¦ The developer will complete construction of Marana Road from Interstate 10 to the west- ernmost entrance to Sanders Grove prior to the issuance of the SOOth building permit. ¦ The developer will construct Sanders Road from Marana Road to the Interstate 10 front- age road. ¦ The developer will construct improvements to Kirby Hughes Road from Sanders to Wentz Roads, including twenty-foot wide linear landscape buffers on both sides. ¦ The developer will construct improvements to Hardin Road along the northern boundary of Sanders Grove within its existing sixty-foot right-of-way. • The developer will receive credit or reimbursements against the Town's roadway devel- opment impact fees for the cost of constructing Marana Road from Interstate 10 to the westernmost entrance of Sanders Grove, and will receive credits for any other permanent arterial roadway improvement which is eligible for credit under the Northwest Marana Roadway Development Impact Fee Report, as it may be amended. ¦ The developer will contribute a school improvement contribution fee of $1,200 per resi- dential lot payable to the Marana Unified School District. ~ooooo~az.~oci} FJC/cds S/10/OS ¦ The developer will provide not less than 185 sq. ft. per residential unit of onsite private recreational facilities within each platted block. ¦ The developer will dedicate a minimum of six acres of developable park land per thou- sand residents at 2.67 people per residential unit for public park facilities and trail system, including a neighborhood park adjacent to Interstate 10 as shown on the Sanders Grove Specific Plan. Any regional park improvements which are creditable against the Town's park development impact fee will be credited. ¦ Upon execution of the development ageement, the developer's rights are fully vested for a period of seven years. Upon completion of construction of the Marana Road improve- ments from Interstate 10 to the westernmost entrance of Sanders Grove, the densities, in- tensities, and types of land uses as set forth in the Sanders Grove Specific Plan shall be vested for the twenty-year term of the development ageement. (Under the development agreement, the Town acknowledges that the Specific Plan permits the development of 2500 residential dwelling units.) The proposed Sanders Grove Development Agreement will give the developer a greater level of vesting upon the completion of the Marana Road improvement than the Town typically gives in development agreements. The staff believes this is appropriate in this circumstance in light of the significant up-front developer contribution to the regional arterial roadway system. RECOMMENDATION Staff recommends adoption of Resolution No. 2005-59, approving and authorizing the execution of the Sanders Grove Development Agreement. ATTACHMENT(S) Sanders Grove Development Agreement. SUGGESTED MOTION I move to adopt Resolution No. 2005-59. {ooooo~zz.ooci} -2- MARANA RESOLUTION NO. 2005-59 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING THE EXECUTION OF A DEVELOPMENT AGREEMENT WITH DM MARANA INVESTORS LLC, REGARDING THE SANDERS GROVE DEVELOPMENT PROJECT. WHEREAS, the Sanders Grove Development Ageement addresses the area covered by the Sanders Grove Specific Plan adopted by the Town on March 1, 2005, an 835 acre project located north of Marana Road between Sanders and Wentz Roads; and WHEREAS, the Mayor and Council find that the terms and conditions of the Sanders Grove Development Agreement are in the best interest of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the development agreement between the Town of Marana and DM Marana Investors LLC, 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 17th day of May, 2005. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney (0000o727.DOCi} FJGcds 5/10/OS SANDERS GROVE DEVELOPMENT AGREEMENT TOWN OF MARANA, ARIZONA THIS DEVELOPMENT AGREEMENT ("this Agreement") is made by and between the Towtv oF MA~NA, an Arizona municipal corporation (the "Town") and DM MARANA INVESTORS, LLC, an Arizona limited liability company (the "Developer"). The Town and the Developer are collectively referred to in this Agreement as the "Parties," and are sometimes individually referred to as the "Party." RECITALS A. The Developer is the owner of approximately 835 acres land located in the Town limits, as depicted on the map attached as Exhibit "A" and legally described on Exhibit "B" (the "Property"). B. The following are among the development regulations that now apply to the Property: i) The Northwest Marana Area Plan ("NMAP") ii) The Marana Land Development Code (including the written rules, regulations, procedures, and other policies relating to development of land, whether adopted by the Mayor and Council or by Town Staffl (collectively the "Marana Development Code"), establishing, among other things, the type of land uses, location, density and intensity of such land uses, and community character of the Property, and providing for, among other things, the development of a variety of housing, commercial and recreation/open space opportunities. iii) The Sanders Grove Specific Plan as adopted by the Town on March 1, 2005 (the "Specific Plan"). C. The Developer and the Town desire that the Property be developed in a manner consistent with the development regulations that now apply to the Property, as amplified and supplemented by this Agreement. D. The Town and the Developer acknowledge that the development of the Property pursuant to this Agreement will result in planning and economic benefits to the Town and its residents. E. The Developer has made and by this Agreement will continue to make a substantial commitment of resources for public and private improvements on the Property. F. The Parties understand and acknowledge that this Agreement is a"Development Agreement" within the meaning of, and entered into pursuant to the terms of, A.R.S. § 9-500.05. G. This Agreement is consistent with the portions of the Town's General Plan applicable to the Property. AGREEMENT Now, TxExEFORE, in consideration of the foregoing premises and the mutual promises and agreements set forth in this Agreement, the Parties hereby agree as follows: {00000723.~oC -1- 5/10/2005 11:08 AM Article 1. Development Plans. l.l. Development Review. The Property shall be developed in a manner consistent with the development regulations that now apply to the Property and this Agreement, which together establish the basic land uses, and the densities, intensities and development regulations that apply to the land uses authorized for the Property. The residential design standards contained in the Specific Plan shall govern single-family residential development on the Property and shall control in place of the residential design standards contained in Town Development Code Section 08-06 as currently in effect or as may be amended, superceded, or supplemented in the future. Upon the Developer's compliance with the applicable development review and approval procedures and substantive requirements of the development regulations that now apply to the Property, the Town agrees to issue such permits or approvals for the Property as may be requested by the Developer 1.2. Determination of No Hazard to Air Navi ation. For those portions of the Property located within 20,000 feet (3.8 miles) of Marana Northwest Regional Airport, the Developer shall submit an FAA-7460 form to the Federal Aviation Administration and receive a "Determination of No Hazard to Air Navigation" from the Federal Aviation Administration before any construction or alteration of greater height than an imaginary surface extending outward and upward at a 100 to 1 slope for a horizontal distance of 20,000 feet from the nearest point of the nearest runway of the Airport. 1.3. Archaeological/Historic Resources. Development of the Property shall meet all Town requirements set forth in Title 2 and Title 20 of the Marana Development Code related to Archeological and Historic Resources. 1.4. Site Built Construction and Buildin~ Permits. All construction on any portion of the Property, whether sold in bulk or individually, whether subdivided or not, shall be site built and shall require building permits. Article 2. On-Site Infrastructure. 2.1. Water Utilities. Prior to the approval of the first final plat for the Property, the Developer shall prepare a Water Master Plan for the Property and shall enter into a Water Service Agreement with the Marana Municipal Water Company ("MMWC") for potable and non-potable systems which sets forth the various agreements of the Parties relating to, among other things, the interconnection and main extension from the existing water system, and the development, construction, dedication, ownership, and design of the water system, including necessary storage and well(s) necessary to serve the Property. The parties intend that MMWC will own the potable and non-potable water systems, that MMWC will provide potable water service to the Property, and that MMWC will provide non-potable water service to the Property (through the non-potable water system constructed by the Developer and dedicated to MMWC). 2.1.1. Transfer of Grandfathered Water Ri~hts. The Developer shall transfer to the Town, as prescribed by the Arizona Department of Water Resources, the Irrigation Grandfathered Rights (IGR) water rights on lands deeded to the Town pursuant to the Certificate of Grandfathered Water Rights. On lands not deeded to the Town, extinguishment credits will be transferred to the Town on appropriate Department of Water Resource form, except as may be needed for irrigation and/or water features on the Property. In exchange, the Town shall provide designation of assured water supply and water service to the Property. {00000723.~oC i} -2- 5/10/2005 11:08 AM 2.1.2. Non-potable Water Su~lv. The Developer intends to contract with MMWC for the non-potable water supply necessary to serve the Property. Such non-potable water will be conveyed by MMWC through the MMWC non-potable transmission system constructed by the Developer pursuant to the Water Service Agreement. 2.1.3. Storage of Non-Potable Water. The Developer shall construct and dedicate to the Town, and thereafter the Town shall operate and maintain, any alternative agricultural storage basins required for development of the Property pursuant to the Specific Plan and located in a public park or open space or that serve as a regional non-potable water storage area. The Developer also may construct alternative agricultural storage basins within private common areas on the Property, but the Developer solely is responsible for the operation and maintenance of such basins. 2.2. Wastewater. The Developer shall construct the necessary on-site sewer collection and transmission system to serve the Property. The sewer system shall be in conformance with, and subject to, the requirements of Pima County Wastewater Management and the Town, and shall be designed and constructed at no cost to the Town. The Developer will construct any necessary off-site trunk sewer lines necessary to serve the Property. 2.3. Roadway Improvements. The Town currently is updating the circulation element of the NMAP ("Circulation Element"). If the Specific Plan is inconsistent with the updated Circulation Element, then the Town and the Developer agree to pursue an administrative or legislative amendment, as may be necessary, of the Specific Plan so that the Specific Plan is consistent with the updated Circulation Element. After the Town adopts the updated Circulation Element and any Specific Plan amendment required by this Section, and pursuant to the Sanders Grove Preliminary Traffic Analysis dated September 28, 2004 and prepared by Curtis Lueck & Associates, the Developer shall submit a Traffic Impact Analysis ("TIA") for the Property concurrently with submittal of the first block or preliminary plat for the Property. The TIA shall be reviewed by Town staff. The timing and scope of construction of the road improvements will be determined by Town staff based on the findings of the TIA. The Developer shall be responsible only for the construction of the road improvements required by the TIA and this Agreement ("Road Improvements"). 2.3.1. Marana Road. Notwithstanding the timing of construction identified by the TIA, prior to the issuance of the 500~" building permit for development on the Property, the Developer shall complete construction of improvements to Marana Road from Interstate 10 on the east to the western-most entrance to the Property. The improvements shall consist of a four-lane cross-section, with a transition to a two-lane cross-section west of the westernmost entrance, including a left-turn lane for eastbound traffic into the westernmost entrance, and any other traffic safety improvements required by the TIA. The actual design will be determined as part of the updated Circulation Element. 2.3.2. Sanders Road. The Developer shall construct improvements to Sanders Road north from Marana Road to the Interstate 10 frontage road. The Developer shall dedicate one-half of the right-of-way necessary for Sanders Road. The right-of-way width and roadway design will be established as part of the updated Circulation Element and the TIA. 2.3.3. Kirb~ghes Road. The Developer shall construct improvements to Kirby Hughes Road from Sanders Road to Wentz Road with a maximum 90-foot right-of-way along it current alignment. Twenty-foot-wide linear landscape buffers will be placed on both sides of Kirby Hughes Road. The roadway will be improved to a two-lane urban cross- {00000723.~oC i} -3- 5/10/2005 11:08 AM section pursuant to Town standards. The design of the roadway and right-of-way may be amended by agreement to be consistent with the updated Circulation Element and the TIA. 2.3.4. Hardin Road. The Developer shall construct improvements to Hardin Road along the northern boundary of the Property within the existing 60-foot right-of-way. The roadway will be improved to a two-lane rural cross-section pursuant to Town standards. 2.3.5. Development Impact Fees. The Developer shall pay the then-applicable development impact fee for transportation improvements, but pursuant to the provisions of Ordinance 2005.09, shall receive credits and/or reimbursements (at the Developer's option) against such fee for the cost to design and construct the improvements to Marana Road and Sanders Road and shall receive credits for the right-of-way necessary for the improvements to Marana Road and Sanders Road. Notwithstanding the foregoing, the cost to design and construct the improvements to Marana Road west of the westernmost entrance to the Property are not eligible for credit or reimbursement against the development impact fee for transportation improvements, as such improvements are not permanent. If Kirby Hughes Road, Hardin Road or any other road is identified by the updated Circulation Element or the TIA as being an arterial roadway, then the Town shall revise the Northwest Marana Roadway Development Impact Fee Report, on which the development impact fee for transportation fee is based, to include such roads as eligible for credits and/or reimbursements, and the Developer shall receive credits and/or reimbursements (at the Developer's option) against the then-applicable development impact fee for transportation improvements, as well as credits for the right-of-way necessary for such improvements. 2.4. Fire Protection. Before a certificate of occupancy is issued for any dwelling unit on the Property, the Developer shall have completed or shall provide evidence to the Town's satisfaction that Developer has made a diligent effort to complete the process of having the Property annexed into a fire district. 2.5. School Land. The Developer shall contribute a School Improvement Contribution Fee of $1,200 per residential lot, payable to the Marana Unified School District ("District"), and subject to the terms and conditions of a separate agreement by and between the District and the Developer. The separate agreement may document terms and conditions of the dedication of school sites, construction of schools on such sites, and/or the payment of a fee in lieu of site dedication; such separate agreement shall control over this Section 2.5. The separate agreement shall be submitted to the Town concurrently with the submittal of the block plat or first preliminary plat. 2.6. Onsite Private Recreational Facilities. Within each platted block or parcel, private recreational facilities shall be constructed on a site of not less than 185 square feet per residential unit. Site and facility design shall be approved by the Town Parks & Recreation Director and Planning Director. 2.7. Public Park/Trail S. s~ tem. The Developer shall dedicate a minimum of 6 acres of developable park land per thousand residents at 2.67 people per residential unit to the Town for public park facilities and trail system. The Developer shall arrange for the design and construction of public park and trail improvements in coordination with the Town Parks Department with a value of at least $1,000 per residential unit ("Park Improvements"). The Park Improvements shall include a neighborhood park adjacent to Interstate 10 as shown on the Specific Plan ("Neighborhood Park"). Upon completion and dedication by the Developer of the Park Improvements, the Town will formally accept and maintain the Park Improvements. The Developer shall pay the then-applicable development impact fee for park improvements, but {00000723.~oC -4- 5/10/2005 11:08 AM pursuant to the provisions of Ordinance 2005.09, shall receive credits and/or reimbursements (at the Developer's option) against such fee for the cost to design and construct the Neighborhood Park and eligible public trail system elements and credits against such fee for the land dedicated for the Neighborhood Park and eligible public trail system elements. 2.7.1. Phasin~ of Improvements. The Park Improvements may be constructed in phases as the Property is developed, and in approximate proportion to the amount of the Property developed. Notwithstanding the foregoing, the Park Improvements shall be complete upon completion of development of seventy-five percent of the Property acreage. If the Developer is not in compliance with this Section 2.7.1, then the Town may withhold building permits for development on the Property until the Developer completes construction of the necessary Park Improvements. 2.8. Compliance with State and Federal Laws and Regulations. No approval, permit or authorization of the Town authorizes the Developer to violate any applicable federal or state laws or regulations, or relieves the Developer from the responsibility to ensure compliance with all applicable federal and state laws and regulations, including but not limited to the Endangered Species Act and Clean Water Act. Article 3. Right-of-Way and Financing 3.1. AcQuisition and Abandonment of Ri ts-of-WaX. The Developer will use commercially reasonable efforts to acquire from private property owners any and all necessary property rights for the construction of off-site infrastructure improvements required by this Agreement or the Specific Plan. The Town shall not require the Developer to construct or install any off-site infrastructure improvements unless the Developer has acquired the necessary property rights pursuant to this Section 3.1 or, if the Developer is unsuccessful in acquiring such property rights, unless the Town exercises its power of condemnation to acquire the necessary property rights. If the Town exercises its power of condemnation pursuant to this Section, the Developer shall pay all costs of condemnation, including but not limited to the condemnation award to the property owner(s), costs of litigation, and reasonable attorneys' fees. If the Town settles a condemnation lawsuit, the Developer shall pay the settlement costs, provided that such costs, inclusive of the payment for the property, do not exceed 120% of the appraised value for such property without the approval of the Developer. The settlement costs shall be eligible for credits against the development fee for transportation improvements if the property right acquired is necessary for the construction of an arterial roadway. The Town shall, at the sole cost of the Developer, reasonably consider abandonment of any unnecessary public rights-of-way or easements currently located on the Property and not otherwise used or required by other members of the public. 3.2. Resnonsibility for Financing Infrastructure Improvements Upon request of the Developer, the Town staff shall process any request for a Community Facilities District ("CFD") pursuant to A.R.S. § 48-701, et seq. and the Town's Guidelines for Establishment of Community Facilities Districts, and the Town Council shall reasonably consider such request for a CFD. Article 4. Cooperation and Alternative Dispute Resolution. 4.1. Appointment of Representatives. To further the commitment of the Parties to cooperate in the progress of the Development, the Town and the Developer each shall designate and appoint a representative to act as a liaison between the Town and its various departments and the Developer. The initial representative for the Town (the "Town Representative") shall be the {00000723.~oC/} -5- 5/10/2005 11:08 AM Development Services Administrator, and the initial representative for the Developer shall be Mark Weinberg or a replacement to be selected by the Developer. The representatives shall be available at all reasonable times to discuss and review the performance of the Parties to this Agreement and the development of the Property. 4.2. Timin~. The Town acknowledges the necessity for timely review by the Town of all plans and other materials (the "Submitted Materials") submitted by the Developer to the Town under this Agreement or pursuant to any zoning procedure, permit procedure, or other governmental procedure pertaining to the development of the Property and agrees to use its best efforts to accomplish such timely review of the Submitted Materials whenever possible. 4.3. Default; Remedies. If either Party defaults (the "Defaulting Party") with respect to any of that Party's obligations under this Agreement, the other Party (the "Non-Defaulting Party") shall be entitled to give written notice in the manner prescribed in Section 7.1 to the Defaulting Party, which notice shall state the nature of the default claimed and make demand that such default be corrected. The Defaulting Party shall then have (i) 20 days from the date of the notice within which to correct the default if it can reasonably be corrected by the payment of money, or (ii) 30 days from the date of the notice to cure the default if action other than the payment of money is reasonably required, or if the non-monetary default cannot reasonably be cured within 30 days, then such longer period as may be reasonably required, provided and so long as the cure is promptly commenced within 30 days and thereafter diligently prosecuted to completion. If any default is not cured within the applicable time period set forth in this Section, then the Non- Defaulting Party shall be entitled to begin the mediation and arbitration proceedings set forth in Sections 4.4 and 4.5 below. The Parties agree that due to the size, nature and scope of the project to be developed on the Property, and due to the fact that it may not be practical or possible to restore the Property to its condition prior to Developer's development and improvement work, once implementation of this Agreement has begun, money damages and remedies at law will likely be inadequate and that specific performance will likely be appropriate for the enforcement of this Agreement. This Section shall not limit any other rights, remedies, or causes of action that either party may have at law or in equity. 4.4. Mediation. If there is a dispute under this Agreement which the Parties cannot resolve between themselves, the Parties agree that there shall be a 45 day moratorium on arbitration during which time the Parties agee to attempt to settle the dispute by nonbinding mediation before commencement of arbitration. The mediation shall be held under the commercial mediation rules of the American Arbitration Association. The matter in dispute shall be submitted to a mediator mutually selected by Developer and the Town. If the Parties cannot agree upon the selection of a mediator within seven days, then within three days thereafter the Town and the Developer shall request the presiding judge of the Superior Court in and for the County of Pima, State of Arizona, to appoint an independent mediator. The mediator selected shall have at least five years' experience in mediating or arbitrating disputes relating to real estate development. The cost of any such mediation shall be divided equally between the Town and the Developer. The results of the mediation shall be non-binding on the Parties, and any Party shall be free to initiate arbitration after the moratorium. 4.5. Arbitration. After mediation (Section 4.4 above), any dispute, controversy, claim or cause of action arising out of or relating to this Agreement shall be settled by submission of the matter by both Parties to binding arbitration in accordance with the rules of the American Arbitration Association and the Arizona Uniform Arbitration Act, A.R.S. § 12-501 et seq., and judgment upon the award rendered may be entered in a court having jurisdiction. {00000723.DOC -6- 5/10/2005 11:08 AM Article 5. Protected Development Rights/Vested Rights To establish legally protected rights for the development of the Property in a manner consistent with this Agreement and the development regulations that now apply to the Property and to ensure reasonable certainty, stability and fairness to the Developer and the Town over the term of this Agreement, the Developer and the Town agree that the development regulations that now apply to the Property, as amended by this Agreement, shall remain in effect and shall not be changed for a period of seven years after the execution of this Agreement without the agreement of the Developer. In addition to the foregoing, upon the Developer's completion of construction of the improvements to Marana Road as set forth in Section 2.3.1, the Developer's right to develop the Property with the densities, intensities, and types of land uses contained in the Specific Plan shall be vested for the term of this Agreement. The Town acknowledges that the Specific Plan permits the development of 2500 residential dwelling units. Article 6. Future Development/Impact Fees If the Town adopts a development, impact, or other infrastructure fee, however denominated, for infrastructure of the type for which Developer has contributed land or made improvements or paid a voluntary fee pursuant to this Agreement, the Developer shall be entitled to a credit and/or reimbursement (at the Developer's option) for such contributions as set forth in A.R.S. § 9- 463.05, Ordinance 2005.09, and this Ageement. Article 7. Notices and Filings. 7.1. Manner of Serving. All notices, filings, consents, approvals and other communications provided for in or given in connection with this Agreement shall be validly given, filed, made, transmitted or served if in writing and delivered personally or sent by registered or certified United States mail, postage prepaid, if to (or to such other addresses as any Party may from time to time designate in writing and deliver in a like manner): To the Town: Town of Marana Town Manager 11555 W. Civic Center Drive Marana, Arizona 85653 To the Developer: Mark Weinberg c/o Diamond Ventures, Inc. 2200 East River Road, Suite 115 Tucson, Arizona 85741 Article 8. General Terms and Conditions. 8.1. Term. This Agreement shall become effective upon its execution by all the Parties and the effective date of the resolution or action of the Town Council approving this Agreement (the "Effective Date"). The term of this Agreement shall begin on the Effective Date and, unless sooner terminated by the mutual consent of the Parties, shall automatically terminate and shall thereafter be void for all purposes on the twentieth anniversary of the Effective Date. If the Parties determine that a longer period is necessary for any reason, the term of this Agreement may be extended by written agreement of the Parties. The Developer shall be entitled to {00000723.~oC/} -7- 5/10/2005 11:08 AM terminate this Agreement if the Town materially impairs the development entitlements on the Property granted by this Agreement. 8.2. Waiver. No delay in exercising any right or remedy shall constitute a waiver of that right or remedy, and no waiver by the Town or the Developer of the breach of any covenant of this Agreement shall be construed as a waiver of any preceding or succeeding breach of the same or any other covenant or condition of this Agreement. 8.3. Attorneys' Fees. If any Party brings a lawsuit against any other Party to enforce any of the terms, covenants or conditions of this Agreement, or by reason of any breach or default of this Agreement, the prevailing Party shall be paid all reasonable costs and reasonable attorneys' fees by the other Party, in an amount determined by the court and not the jury. 8.4. Counte arts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The signature pages from one or more counterparts may be removed from such counterparts and such signature pages all attached to a single instrument so that the signatures of all Parties may be physically attached to a single document. 8.5. Headings and Recitals. The descriptive headings of this Agreement are inserted for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement. The Recitals set forth at the beginning of this Agreement are hereby acknowledged, confirmed to be accurate and incorporated here. 8.6. Exhibits. Any exhibit attached to this Ageement shall be deemed to have been incorporated in this Agreement by reference with the same force and effect as if fully set forth in the body of this Agreement. 8.7. Further Acts. Each of the Parties shall execute and deliver all documents and perform all acts as reasonably necessary, from time to time, to carry out the matter contemplated by this Agreement. Without limiting the generality of the foregoing, the Town shall cooperate in good faith and process promptly any requests and applications for plat or permit approvals or revisions, and other necessary approvals relating to the development of the Property by the Developer and its successors. 8.8. Future Effect. 8.8.1. Time Essence and Successors. Time is of the essence of this Agreement. All of the provisions of this Agreement shall inure to the benefit of and be binding upon the successors, assigns and legal representative of the Parties, except as provided in Section 8.8.2 below. Notwithstanding the foregoing, to the extent permitted by law, the Developer's rights under this Agreement may only be assigned by a written instrument, recorded in the Official Records of Pima County, Arizona, expressly assigning such rights, and no obligation of the Developer under this Agreement shall be binding upon anyone owning any right, title or interest in the Property unless such obligation has been specifically assumed in writing or unless otherwise required by law. In addition, notwithstanding anything in this Ageement to the contrary, the parties agree that the Developer may assign or transfer its obligations to construct the Road Improvements and the Park Improvements under Sections 2.3 and 2.7 of this Agreement subject to such assignee or transferee having the experience, financial strength, past history and technical ability to perform the obligations of Developer under the above referenced Sections under a commercially reasonable standard. Developer shall provide the Town with thirty (30) days written notice of such assignment. Developer agrees that any transfer of the beneficial interest of Developer, except to a wholly owned subsidiary {0o0oo7z3.~oc i} -8- 5/10/2005 11:08 AM or affiliated corporation of Developer having the same financial status and resources, shall be an assignment under this Section. In the event of a complete assignment by Developer of all rights and obligations of Developer under this Agreement, Developer's liability under this Agreement shall terminate effective upon the assumption of those liabilities by Developer's assignee. 8.8.2. Termination Upon Sale to End Purchaser or User. This Agreement shall terminate without the execution or recordation of any further document or instrument as to any lot which has been finally subdivided and individually (and not in "bulk") leased (for a period of longer than one year) or sold to the end purchaser or user and thereupon such lot shall be released from and no longer be subject to or burdened by the provisions of this Agreement. 8.9. No Partnership and Third Parties. It is not intended by this Agreement to, and nothing contained in this Agreement shall, create any partnership, joint venture or other arrangement between the Developer and the Town. No term or provision of this Agreement is intended to, or shall be for the benefit of any person, firm, organization or corporation not a party to this Agreement, and no such other person, firm, organization or corporation shall have any right or cause of action under this Agreement. 8.10. Other Instruments. Each Party shall, promptly upon the request of the other, have acknowledged and delivered to the other any and all further instruments and assurances reasonably request or appropriate to evidence or give effect to the provisions of this Agreement. 8.11. Imposition of Dutv b~Law_. This Agreement does not relieve any Party of any obligation or responsibility imposed upon it by law. 8.12. Entire Agreement. This Agreement constitutes the entire agreement between the Parties pertaining to the subject matter of this Agreement. All prior and contemporaneous agreements, representation and understanding of the Parties, oral or written, are hereby superseded and merged in this Agreement. 8.13. Amendments to Agreement. No change or addition shall be made to this Agreement except by a written amendment executed by the Parties. The Parties agree to cooperate and in good faith pursue any amendments to this Agreement that are reasonably necessary to accomplish the goals expressed in the Final Plat and Specific Plan as amended by this Agreement. Within ten days after any amendment to this Agreement, it shall be recorded in the office of the Pima County Recorder by and at the expense of the Party requesting the amendment. 8.14. Names and Plans. The Developer shall be the sole owner of all names, titles, plans, drawings, specifications, ideas, programs, ideas, designs, and work products of every nature at any time developed, formulated or prepared by or at the instance of the Developer in connection with the Property or any plans; provided, however, that in connection with any conveyance of portions of the infrastructure as provided in this Agreement such rights pertaining to the portions of the infrastructure so conveyed shall be assigned to the extent that such rights are assignable, to the appropriate governmental authority. 8.15. Good Standin~; Authoritv. The Developer represents and warrants to the Town that it is duly formed and validly existing under the laws of Arizona and is authorized to do business in the state of Arizona. The Town represents and warrants to the Developer that it is an Arizona municipal corporation with authority to enter into this Agreement under applicable state laws. Each Party represents and warrants that the individual executing this Agreement on its behalf is authorized and empowered to bind the Party on whose behalf each such individual is signing. {00000723.~oC i} -9- 5/10/2005 11:08 AM 8.16. Severabilitv. If any provision of this Agreement is declared void or unenforceable, it shall be severed from the remainder of this Agreement, which shall otherwise remain in full force and effect. If a law or court order prohibits or excuses the Town from undertaking any contractual commitment to perform any act under this Agreement, this Agreement shall remain in full force and effect, but the provision requiring the act shall be deemed to permit the Town to act at its discretion, and if the Town fails to act, the Developer shall be entitled to terminate this Agreement. 8.17. Governin Law. This Agreement is entered into in Arizona and shall be construed and interpreted under the laws of Arizona, and the Parties agree that any litigation or arbitration shall take place in Pima County, Arizona. Nothing in the use of the word "litigation" in the preceding sentence shall constitute a waiver of Section 4.5, requiring disputes to be resolved by binding arbitration. 8.18. Interpretation. This Agreement has been negotiated by the Town and the Developer, and no party shall be deemed to have drafted this Agreement for purposes of construing any portion of this Agreement for or against any party. 8.19. Recordation. The Town shall record this Agreement in its entirety in the office of the Pima County Recorder no later than ten days after it has been executed by the Town and the Developer. 8.20. No Develo ep r Representations. Except as specifically set forth in this Agreement, nothing contained in this Agreement shall be deemed to obligate the Town or the Developer to complete any part or all of the development of the Property. 8.21. ApprovaL If any Party is required pursuant to this Agreement to give its prior written approval, consent or permission, such approval, consent or permission shall not be unreasonably withheld or delayed. 8.22. Force Majeure. If any Party shall be unable to observe or perform any covenant or condition of this Agreement by reason of "force majeure," then the failure to observe or perform such covenant or condition shall not constitute a default under this Agreement so long as such Party shall use its best effort to remedy with all reasonable dispatch the event or condition causing such inability and such event or condition can be cured within a reasonable amount of time. "Force majeure," as used in this Section, means any condition or event not reasonably within the control of such party, including without limitation, "acts of God," strikes, lock-outs, or other disturbances of employer/employee relations; acts of public enemies; orders or restraints of any kind of government of the United States or any state thereof or any of their departments, agencies, or officials, or of any civil or military authority; insurrection; civil disturbances; riots; epidemics; landslides; lightning; earthquakes; subsidence; fires; hurricanes; storms; droughts; floods; arrests, restraints of government and of people; explosions; and partial or entire failure of utilities. Failure to settle strikes, lock-outs and other disturbances of employer/employee relations or to settle legal or administrative proceedings by acceding to the demands of the opposing Party or Parties, in either case when such course is in the judgment of and unfavorable to a Party shall not constitute failure to use its best efforts to remedy such a condition. 8.23. Conflict of Interest. This Agreement is subject to A.R.S. § 38-511, which provides for cancellation of contracts in certain instances involving conflicts of interest. {00000723.DOC/} -10- 5/10/2005 11:08 AM IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last date set forth below their respective signatures. TOWN: DEVELOPER: THE TOWN OF MARANA, an Arizona DM MARANA INVESTORS, LLC, an Arizona municipal corporation limited liability company By: gy. Mayor Its: Date: Date: ATTEST: Jocelyn C. Bronson, Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney STATE OF ARIZONA ) SS County of Pima ) The foregoing instrument was acknowledged before me on , 2005 by , the of DM Marana Investors, LLC, an Arizona limited liability company, on behalf of the company. My commission expires: Notary Public {00000723.~oC/} -11- 5/10/2005 11:08 AM ~OW N OF TOWN COUNCIL MEETING TOWN OF MARANA 9 INFORMATION '~RIZONP MEETING DATE: May 17, 2005 AGENDA ITEM: IX. IX. B. 5 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 14, 15, 16, and 17. 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/OS/12/2005/10:44 AM LEGISLATIVE B . , U LLETI N r-- Issue No. 14 April 15, 2005 ~yw~~-=-~ IN THIS At Last! Cable Bill is Defeated in the House ISSUE (TW~ce). However, We Remain on the Lookout for it to Resurface. At Lasd Cable Bill is Defeated in the House Cities, towns and other cable public access stakeholders reached a long-awaited and well- (Twice). However, We deserved victory in the House on Monday and Tuesday as the cable bill was defeated in that Remain on the Lookout for it chamber on both days. As last reported in the Bulletin, the cable bill (H. 2563, Cable to Resurface. 1 Television; Services) passed the Senate last week by a vote of 16-12, but after it passed, Senator Linda Aguirre attempted to have the bill reconsidered, but it had already been Budget Appears to be at an transmitted back to the House. She then made a motion requesting that the House return Impasse Once Again 1 the bill. Senator Aguirre's motion passed, however, House Speaker Jim Weiers did not honor the Senate's request, which meant the bill needed one final vote in the House prior to going Tax Incentives Bills Nearing to the Governor's desk. This set the stage for a showdown in the House this week. Governor's Desk . . . . . . . . 2 The first final vote on the cable bill came on Monday evening this week. The bill failed by a Billboards Legislation vote of 28-28. In a smart move, Representative Tom Prezelski made a motion immediately Amended and Passed in after the bill failed for it to be reconsidered. Immediate reconsideration of a bill after it fails is House; Senate Future a procedural move that opponents of bills often use to defeat a bill twice, which means that Questionable 2 the bill cannot be resurrected again. The only other procedural motion that can be made to stop a motion to reconsider a bill is a motion for immediate adjournment. On Monday Anti Affordable Housing Bill evening, Representative Steve Tully made a motion for immediate adjournment to block Gets Preliminary Approval 3 Representative Prezelski's motion. His motion carried, which meant that the bill could be brought back for reconsideration within 24 hours. With the cable industry lobbying League Identification relentlessly on the bill, we fully expected a motion to reconsider on Tuesday. Requirement Resolution Moving Along 3 On Tuesday morning, Representative Doug Quelland, who had originally voted against the bill in order to be on the prevailing side made a motion for the bill to be reconsidered. H. Raid on Revenue Sharing is 2563 was once again defeated by a vote of 30-28, failing to garner the 31 votes needed for Defeated 3 passage. Message to Legislators: Prop W~th H. 2563 being defeated twice, this bill cannot return this session. However, the cable 400 passed; get over it 4 ~ndustry is continuing to search for a way to bring this issue back, including possibly adding the legislation onto another bill on the House or Senate floor, and we will have to remain Another Bad Transportation vigilant on this subject. It would be difficult to get the legislation up and moving again. Bill Killed This Week 4 However, until there is a final Sine Die adjournment, we cannot be considered to be entirely safe. A big thank you is owed to all of the city and town elected officials and staff inembers that have worked tirelessly on this issue. We appreciate your hard work and dedication. If you ~r~~~?~ ~r~` haven't already, please make sure to thank your representatives who voted against this bill. Here is a link to the final vote on the bill: Cltl('S ,',rTOti~'~~ http://www.azie~state.az.us/FormatDocumentasp~inDoc=/legtext/471eg/1r/bilis/hb2563 hfin al.2~asp Legislative Bu[letin is published by the LeagueofArizonaCi[iesandTowns. Budget Appears to be at an Impasse Once Fonvard your comments or sugges[ions to: League of Arizona Cities & Towns qga i n 1820 Wes[ Washington Street Phoenix, Arizona 85007 Phone: 602-258-5786 Fax: 602-253-3874 After several weeks of encouraging reports from budget negotiators, all of whom implied that Email: league@mg.state.az.us progress was being made, it appears that negotiations once again derailed at some point Inteme[: www.azleague.org earlier this week. - continued - The budget discussions have been limited to the Governor, However, the one difference is that H. 2499 now contains a Senate President, and House Speaker and all parties have conditional enactment and will take effect uniess the kept the details of their deliberations relatively secret. What Maricopa Association of Governments (MAG) develops and we do know is that the Senate introduced budget bills late implements a regional plan to eliminate excessive incentives yesterday afternoon which are supposedly identical or very approved by the Joint Legislative Budget Committee before similar to the previous bills that the Governor already August 2006. vetoed. The House is expected to do the same on Monday. The reconsideration of bills that have already been vetoed does not suggest that we will see budget closure anytime H. 2499 passed the Senate on Wednesday by a vote of 16- soon. 12 and now goes back to the House for the bill's sponsor, Representative Steve Huffman, to accept or reject the An analysis of the bills is underway and we will let you know Senate changes. We will keep you posted on the final votes if there are any differences particularly if they impact cities on H. 2499 and S. 1274. and towns. We do not anticipate any direct hits. As reported elsewhere in this week's bulletin, another run at . . . urban revenue sharing was defeated on the Senate floor this B~Ilboards l.egislation week, so a similar effort in the budget is highly unlikely. Amended and Passed in While no end is in sight for the budget battle, it does appear that the Legislature is close to wrapping up its work on the House; Senate Futu re non-budget bills and could easily finish everything but the budget within the next two weeks. Next Tuesday would be Questionable the 100`h day of the session. Tax Incentives Bills Nearing The billboards legislation that was introduced as nearly identical strike-everything amendments in both the House Governor's Desk and the Senate is likely dead in the Senate, but still moving in the House. During Wednesday's Senate floor debate, the legislation was retained on the calendar, which essentially All three tax incentive bill moved one step closer to means that the bill was skipped over. Bills are usually becoming law this week with their passage out of either the House or Senate. Senator Jay Tibshraeny's bills, S. 1274, retained on the calendar if there are not enough votes for Municipal Sales Tax Incentives; Restrictions and S. 1287, the bill to pass. For now, it looks like the Senate version of Municipal Business Incentives; Referendum both passed the the billboards legislation, H. 2144 is not moving any further. House this week on Tuesday. S. 1274 mandates the process ~Ne have heard that the Senate version can be considered to be used when awarding local tax incentives including a "dead." super majority council vote, a preemption on using emergency measures and third party auditing provisions. Unfortunately, the House version is still moving along. In The bill was amended to make the super majority council the House on Wednesday, the bill was amended during vote for adopting tax incentives apply only in Maricopa floor debate to remove some of the more contentious issues, County. S. 1274 passed the House 35-24 and S. 1287, such as the lighting violations provision, however, the bill is which prohibits tax incentives from being adopted via still extremely harmful. Although amended, S. 1193 will still emergency measure, passed the House 38-21. allow a noncompliant billboard use to remain in perpetuity Because S. 1274 was amended in the House, it must go by allowing major repairs in the name of "safety," which is back to the Senate for Senator Tibshraeny's concurrence or not clearly defined in the bill. refusal of the House changes. His concurrence is expected, which means there will be one final Senate vote prior to S. 1193 passed the House on Thursday by a vote of 32-24. going to the Governor. S. 1287 was not amended in the It now has to go back to the Senate and could run into the House and now goes directly to Governor Napolitano. same problems as its Senate counterpart. If the bill's sponsor, Senator Dean Martin accepts the House changes, The other tax incentive bill, H. 2499, Municipal Tax the bill will have to go to a final Senate vote next week. Our Incentives; Prohibition, is the resurrected version of Senator thanks to Representative Tom Prezelski for his comments in CheuvronYs original preemption bill, S. 1201, which failed favor of local control and against this bill during House floor to advance in the House. The strike-everything amendment debate. to H. 2499 contains nearly the same provisions as S. 1201, including a preemption of tax incentives in urbanized Please contact your senators and urge them to vote "NO" Maricopa County with exemptions for infrastructure, on S. 1193 on Final Passage. redevelopment, historical district and brownfields projects. LEGISLATIVE BULLETIN April 15, 2005 PAGE 2 Anti Affordable Housin B~II Senate to state that a person that must identify him or g herself cannot be compelled to answer any other inquires, a Gets Preliminary Approval person can refuse to identify him or herself if providingtheir name would be self-incriminating and law enforcement must advise suspects that refusing to identify themselves is There is a housing problem in many areas of the state and a unlawful. housing crisis in several communities to provide affordable, work force housing. The House of Representatives The bill is due to be voted on in the House sometime next yesterday voted in Committee of the Whole to further week and because it was not amended in the House, it will restrict what local governments can do to encourage such go straight to the Governor's desk upon passage. Our housing and may have limited a whole array of actions thanks to Senator Jay Tibshraeny for his sponsorship and which can be required as a condition of zoning. support of this bill. SB 1477 was originally introduced to stop Pima County from • . . imposing a fee for affordable housing. Once again, Raid on Revenue Sharing is comprehensive legislation is proposed to deal with an Defeated isolated issue. While the goal of this bill may have been to prevent local governments from adopting inclusionary zoning ordinances which require a percentage of new The proposal by Senator Bob Burns to zero out urban housing to be affordable, the language as amended in the revenue sharing for cities and towns with populations of House makes the bill much broader. 100,000 or more was defeated rather decisively on the With the amendments, the restrictions could be applied to Senate floor this week. The vote was 10 aye and 17 no. The vote margin may be enough to convince the sponsor anything the city or town imposes as a condition of a permit, that this level of "punishment" will not fly. conditional use permit or rezoning action. According to the experts we had review the bill, the new requirements could be used to challenge the following requirements which The bill would have cut urban revenue sharing (the city affect the price of housing or require the sale or lease to a share of the state income tax) to all cities and towns over particular group of persons: design and development 100,000 in population beginning in 2006-2007 until 2014- standards; design review requirements; landscaping and 2015 when no city or town in that population category open space requirements; wash and native plant would receive any of the funds. The bill also included a preservation; paving requirements like requiring a paved provision calling for a minimum distribution for towns under driveway v. dirt and preferences for first time buyers. 1,500 in population of $100,000 per year from both sales tax and income tax sharing. The bill will be voted on in Third Reading early next week. We urge you to call or e-mail your State Representatives and During caucus on this bill earlier in the week, Senator Jake tell them to vote "NO" on SB 1477. Flake was the most eloquent and forceful in his defense of revenue sharing. He challenged the sponsor to explain why League Identification he was sponsoring this bill and explained that his city folk understand the divide and conquer approach to legislation. Requirement Resolution Also helping our cause, was a most eloquent letter from the Town Clerk of Patagonia, Randy Heiss, which said in part Movi ng Along "While we hope that you will continue to consider other means that would provide additional revenues to the state's The League's resolution that requires a person who has been six smallest towns, we cannot support a measure that would lawfully detained to state his or her true full name is close to cause such wide sweeping divisiveness and fiscal damage to passing the House. This bill, S. 1488, Persons Lawfully our fellow municipalities." Detained; Identification Requirement, is a part of the 2005 Municipal Policy Statement and is being supported in A quick note to any of the seventeen legislators who conjunction with the Arizona Association of Chiefs of Police. supported us on this vote would be appreciated. We think The resolution was prompted by a recent U.S. Supreme it is important to express gratitude for actions as well as Court decision ruling that a similar law in Nevada is make requests. The seventeen legislators who voted against constitutional. the bill and to retain revenue sharing for all cities and towns are: Senators Linda Aguirre, Marsha Arzberger, Ken Bennett, S. 1488 requires a person who has been lawfully detained Bill Brotherton, Bob Cannell, Jake Flake, Jorge Garcia, on suspicion that the person has committed or will commit a Gabrielle Giffords, Linda Gray, Toni Hellon, John crime to state his or her true full name. If the person does Huppenthal, Richard Miranda, Harry Mitchell, Rebecca not supply his or her name, the bill makes the person guilty Rios, Victor Soltero, Jay Tibshraeny and Thayer Verschoor. of a class 2 misdemeanor. The bill was amended in the LEGISLATIVE BULLETIN April 15, 2005 PAGE 3 Message to Legislators: Prop 400 passed; get over it The last (or at least we hope it is the last) of this year's bills, attacking the successful vote in Maricopa County last November on extending their transportation tax, died this week on the Senate floor by a vote of 13 aye and 17 no. HB 2122 imposed audit and other requirements on MAG as the regional planning agency which were close to impossible to meet and which would cost a lot more in time and money than they were worth. This bill was another late session striker attempting to resurrect something which had already died in committee earlier in the session. Senator Thayer Verschoor was the main proponent of the measure; he is really unhappy with the light rail component of Prop 400. The trend of second guessing local governments about almost every decision extended to doing the same thing to the voters. They have already imposed all sorts of reporting requirements and other hoops for MAG to jump through in accounting for the funds and do not need to add more to the pile. It would be very nice if they would simply allow the will of the voters to stand and get over it. Another Bad Transportation Bill Killed This Week On Tuesday, the House overwhelmingly voted down S. 1330, Vehicle Speed Limits with a 15-44 vote. This bill would have applied to interstate highways outside of urban areas and would have removed the maximum speed limit and allowed the Arizona Department of Transportation director to adopt a speed limit greater than 65 miles per hour under certain conditions. The underlying goal of the bill was to increase the speed limit over the current 75 mile per hour maximum that is found throughout the State. LEGISLATIVE BULLETIN April 15, 2005 PAGE 4 LEGISLATIVE BULLETIN , , . , r--- , Issue No. 15 April 21, 2005 n~. . . : . Cable Bill's Swan Song IN THIS The now infamous "cable bill" issue reemerged briefly this week and then disappeared into ~ SS U E the abyss, where we expect it to stay for the rest of the legislative session. As you may remember, almost immediately after last week's double defeat of H. 2563, Cable Television; Services in the House, rumors began circulating that the issue would be brought back yet Cable Bill's Swan Song . 1 again. While it might seem odd that legislation would resurface after being defeated twice, the cable industry lobbyists blamed the second cable bill loss on the absence of one member, presuming that the one absent member on Tuesday would have edged the vote count from Far-Reaching Anti- 30 to the required 31 votes needed to pass. Affordable Housing Bill Scheduled for Final The revival of the cable bill was announced on Monday afternoon in the House as a special committee hearing scheduled for Wednesday to consider a bill with a strike-everything Senate Vote 1 amendment identical to H. 2563. This was quite an extraordinary move and required not only a special reassignment of a bill to be used for the cable legislation, but an extra hearing Billboards Le islation Also of the House Federal Mandates & Property Rights Committee nearly two weeks after the last g scheduled date for committee hearings. After intense lobbying and visiting with House Awaiting Final Senate members on Tuesday by local governments, House leadership announced that the hearing had been cancelled. Vote 2 With the cancellation of the special cable bill hearing, it appears that the issue is dead for this Another AttaCk on HURF year. One explanation for the sudden cancellation is that the House leadership and cable Revenue is Averted 2 industry lobbyists realized that the defeat of the cable bill was due to more than just the absence of one member. Budget Battle Thanks again to all of the cities and towns that contacted their legislators on this issue, your effort on this bill made the difference once again. It should also be said that another reason Continues 2 that the bill was not considered again was because of the large number of inembers, both supporters and opponents, that expressed their very strong sentiment to leadership that they Photo Radar on Freeways did not want to go through another vote on this and the intense lobbying effort that such a vote would cause. That sentiment would not have existed without all of your earlier lobbying Speeding to Governor's efforts. Desk 2 Far-Reaching Anti-Affordable Housing Bill Scheduled for Final Senate Vote The Senate is scheduled to take a final vote on S. 1477, Local Planning; Residences; Fee Prohibition this aRernoon. S. 1477 was originally introduced to stop Pima County from imposing a fee for affordable housing. While the goal of this bill may have been to prevent local governments from adopting inclusionary zoning ordinances which require a percentage of new housing to be affordable, there was language adopted in the House that makes the bill much broader and applicable to many more issues other than affordable housing. With the amendments, the restrictions could be applied to anything the city or town imposes as a condition of a permit or rezoning action. According to the experts we had review the bill, the new requirements could be used to challenge the requirements that affect the price L~a~;u~ o(;lri~on~t of housing or require the sale or lease to a particular group of persons, such as design and ~~~ti,,.•L„ development standards; landscaping and open space requirements; wash and native plant T r preservation; paving requirements (for example, requiring a paved driveway as opposed to ~ltleS `.'~r` 1~~~' ns dirt) and preferences for first time buyers. LegislativeBulletin ispublishedbythe Earlier today, the bilis' sponsor, Senator Tim Bee, concurred with the House amendments, League ofArizonaCitiesand Towns. yyhlCll S@Ilt YIl2 IIIII YO d final Senate vote, rather than a conference committee. The final vote Fonvard your comments or suggestions [o: is expected later today, but with the Appropriations Committee scheduled, that vote may be League of Arizona Cities & Towns delayed until Monday. 1820 Wes[ Washing[on Street Phoenix, Arizona 85007 Please make sure to contact your Senators and urge them to vote against this bill. It is now Phone: 602-258-5786 a licable to much more than affordable housing and will have negative consequences on all Fax: 602-253-3874 pp Email: league@mg.sta[e.az.us local governments, regardless if they offer affordable housing or not. If it passes, we would Internet: www.azleague.org strongly urge each city and town to ask Covernor Napolitano to veto this legislation. Billboards l.e islation Also The budget process may resume once again today with g tentatively scheduled appropriations hearings in both the Awaitin Final Senate Vote Houseand Senate. Aswe reported lastweek, budgettalks g with the Governor and the Legislature had broken off and the Senate had reintroduced the budget bills that the Another really bad bill for cities and towns is awaiting a Governor vetoed. This was done so that amendments that Senate final vote this afternoon. This bill is S. 1193, would reflect the agreed upon issues with the Governor Regulations; Outdoor Advertising; Remedies; Definition, could be pursued through the Appropriations Committee which passed the House last week by only two votes. Earlier process and then an amended budget would be sent to the today, the sponsor, Senator Dean Martin concurred with the Governor. House changes and it is now ready for a final Senate vote. Several Appropriations Committee hearings have been S. 1193 will drastically change current public policy on announced and then cancelled this week due to roadblocks billboards that are no longer in compliance with city or town occurring with individual members of the Legislature. At ordinances. Currently, billboards are allowed as legal this point, it is questionable if today's Committee hearings nonconforming uses and may continue in use until they will take place. If they do meet, President Bennett had deteriorate. This bill would allow legal nonconforming indicated a desire earlier in the week to meet on Friday and billboards to be replaced and rebuilt in the name of finish the budget and have it sent to the Governor by the "safety", which would mean that they would remain in weekend. This goal seems distant at the moment, but with perpetuity. The legislation also places the burden of proof the pressure mounting to get a budget passed and signed and to wrap up the legislative session, anything is possible. on cities and towns regarding permits and records for old billboards. It would allow billboard companies to claim that The length of session is impacted by the budget impasse and billboards were built under dated city or town codes and at will also be further impacted by certain legislators' certain heights and sizes even if no documentation exists, "attendance problems" starting next week, according to which would be very difficult for cities and towns to refute. President Bennett. He did not specify what or how many legislators would be absent. As session winds on, however, Please contact your Senators and urge them to vote "NO" it is likely that the "attendance problems" will worsen. on S. 1193 on Final Passage. Like S. 1477, if it passes, we would strongly urge each city and town to ask Governor We will make sure to keep you posted on any new Napolitano to veto this legislation. breakthroughs with the budget. Another Attack on HURF Photo Radar on Freeways Revenue is Averted Speeding to Governor's Despite the overwhelming demand on road construction Des k and maintenance resources, it has become the norm over the last several years for state lawmakers to raid the Highway For a second, it seemed as if cities and towns were going to User Revenue Fund (HURF) for other purposes, primarily to escape the legislative session with no anti-photo radar help pay for Department of Public Safety operations. legislation being passed, but at the moment, we are not looking so fortunate. The remaining anti-photo radar bill is Unfortunately, legislative leadership recently considered S. 1164, Photo Radar; Controlled Access Highways, which another way to place additional strains on HURF by offering bans photo radar on the freeways. This bill would stop a tax relief through a five-cent reduction on the state gas tax. pilot project between the city of Scottsdale and the Arizona While several variations of the tax cut were discussed, as Department of Transportation and the Arizona Department originally proposed, the cut would have reduced HURF of Public Safety for photo radar on the Loop 101 freeway. revenue by as much as $150 million, including an We thought this issue might disappear because of a floor approximate $41 million to cities and towns. amendment that was successfully added in the House several weeks ago by Representative Michele Reagan that Fortunately, several legislators, including Representative Bill Would have permitted the pilot project to continue. Konopnicki and Senator Jake Flake persuaded leadership However, when the bill returned to the Senate, the bill's that this was a bad idea and were able to successfully steer sponsor Senator Thayer Verschoor, did not accept the tax relief efforts in a different direction. Legislation will be House amendment and went to a conference committee on offered as part of the budget package that will offer the bill instead. The conference committee stripped the Arizonans the ability to seek a partial rebate on the gas taxes House amendment off the bill, which means the Scottsdale that they pay over the summer, but this will be funded by project is once again in jeopardy. the state General Fund rather than HURF. While the outcome of the bill is uncertain, we are very pleased that S. 1164 now needs a final House vote and will then go to HURF is no longer under attack as part of the proposal. the Governor's desk. Budget Battle Continues LEGISLATIVE BULLETIN April 21, 2005 PAGE 2 LEGISLATIVE BULLETIN . Issue No. 16 April 29, 2005 . ~ ~ ~ • ~ ~ ~ ~ ° : . a~f 110 Days into Session and No Sine Die in IN THIS our Sights ISSUE As you may notice by the small number of articles in the Bulletin, this week at the Legislature 110 Days into Session and Was characterized by a great deal of waiting with relatively little action on bills. Budget No Sine Die in our Sights 1 discussions dominated the attention at the Legislature with new rumors each day on what the next budget action would be. Billboards Legislation Going On Tuesday and Wednesday this week, the House Appropriations Committees passed a to the Governor 1 series of budget bills that were similar to the ones vetoed earlier this session by Governor Napolitano. The Appropriations amendments addressed some of the issues that were Keep up the Pressure on Your resolved during negotiations between the Legislature and the Governor, however, the bills Senators on the Far-Reaching Passed on mostly party line votes with Democrats voting no. On Wednesday, the Senate Anti-Affordable Housing Appropriations and Finance Committees also passed and amended similar budget bills along Bill . . . . . . . . . . . . . . . . . . 2 mainly party line votes. League Debt Limits Floor action was scheduled on the bills late Thursday, however, their fate is uncertain should Resolution Passes Senate these bills reach the Governor's desk. Early indications are not positive, however, with most Rules Committee 2 of the Democrats on the House and Senate Appropriations Committees voting no and echoing similar sentiments that were expressed during the first time the budget bills were Development Fees Reporting passed. Mandate Signed Into Law . 2 On a positive budget note, state shared revenue and HURF tax cuts are not included in either Legislation on the House or Senate's budget bills. However, we will remain vigilant, as it is always risky Methamphetamine Labs When different sides are negotiating on the budget and looking for sources of revenue. Awaiting House Vote . . . . . 2 Billboards Legislation Going to the Governor Signs Water Planning Legislation . . . . . . 3 Governor Photo Radar Bill Defeated, A bad bill for cities and towns passed the Senate yesterday afternoon. This bill is S. 1193, But May Come Back 3 Regulations; Outdoor Advertising; Remedies; Definition and contains numerous preemptions on cities and towns' ability to deal with nonconforming billboards in your community. Governor's Budget Request of Despite strong opposition from local governments and neighborhood groups, the bill passed $7 Million for U of A College by a vote of 16-14. Most disappointing for cities and towns was that former Mayor )ay of Medicine Phoenix Campus Tibshraeny changed his vote from "no" to "yes" to become the sixteenth and deciding vote Faces Legislative Hurdles 3 on the bill. S. 1193 will drastically change current public policy on billboards that are no longer in compliance with city or town ordinances. Currently, billboards are allowed as legal nonconforming uses and may continue in use until they deteriorate. This bill would allow Le~~u~ v~ ~lr'tzona nonconforming billboards to be replaced and rebuilt in the name of "safety", which would ~ mean that they would remain in perpetuity. The legislation also places the burden of proof ;~~,~,~(~~,~~C~ on cities and towns regarding permits and records for old billboards. It would allow billboard companies to claim that billboards were built under dated city or town codes and at certain LegislatireBulletin ispublishedbythe heights and sizes even if no documentation exists, which could be very difficult for cities and League ofArizona Cities and Towna tOW115 YO fQfUC@. Fonvard your comments or suggestions to: Lea~„e ofA~Zo~ac~ues& ToW~s Please contact the Governor and urge her to veto S. 1193. The supporters of this bill will be iszo wesc wasn~n~ro~ sneec aggressively lobbying her to sign it, so we will need to equal the effort. Should you need any Phcenix, Arizona 85007 assistance with contacting the Governor or drafting a letter, please do not hesitate to call the Phone: 602-258-5786 Fax: 602-253-3874 League. Ema il: league(~il mg. state. az. us [ntemet: www.azleague.org Keep up the Pressure on Development Fees Your Senators on the Far- Reporting Mandate Signed Reaching Anti-Affordable Into Law Housing Bill A bill to require new reports on the assessmentand use of development fees was signed into (aw on Monday. The The Senate has continued to delay a final vote on S. 1477, legislation was pursued by the Central Arizona Local Planning; Residences; Fee. As you may remember, Homebuilders Association and sponsored by Representative S. 1477 was originally introduced to stop Pima County from John Nelson. imposing a fee for affordable housing. While the goal of this bill may have been to prevent local governments from As originally introduced H. 2066, Development Fees; Cities adopting inclusionary zoning ordinances which require a and Towns would have required the development fees percentage of new housing to be affordable, there was report to be provided to various state offices including the language adopted in the House that makes the bill much Governor and Legislature. The legislation penalizes cities broader and applicable to many more issues other than and towns that fail to file the report by prohibiting the city or affordable housing. town from collecting development fees until the report is filed. Your city or town's technical staff may want to review the bill in the current version, as the restrictions could be Representative Nelson eventually decided to scale down the applied to anything the city or town imposes as a condition mandates and preemption by amending out the reporting of a permit or rezoning action. According to the experts we requirement to the State and replacing it with language that had review the bill, the new requirements could be used to requires the additional information to be filed with the city challenge the requirements that affect the price of housing or town clerk, however the penalty provision remains the or require the sale or lease to a particular group of persons, same. The bill was further amended in the Senate by such as design and development standards; landscaping and Senator Jay Tibshraeny to extend the deadline for the report open space requirements; wash and native plant from sixty days after the end of the fiscal year to ninety days. preservation; paving requirements (for example, requiring a paved driveway as opposed to dirt) and preferences for first Despite concerns expressed regarding the feasibility of time buyers. complying with this new mandate and the staff and resources needed to produce the report, H. 2066 passed Please make sure to contact your Senators and urge them to the House on a final vote of 39-21 and was signed into law vote against this bill. It is now applicable to much more on Monday. This bill will take effect ninety days after the than affordable housing and will have negative Legislature adjourns. consequences on all local governments, regardless if they offer affordable housing or not. If it passes, we would Legislation on strongly urge each city and town to ask Governor Napolitano to veto this legislation. Methamphetamine labs Below is the link to the website with the final version of the bill. If you are unable to access it or would like a copy faxed Awaiti ng House Vote to you, please contact the League. http:;/ww~w.azleg.state az us%DocumentsForBill asp?Bill_'~u Two different pieces of legislation have been introduced this mber=1477 session that address the manufacturing of crystal methamphetamine, however, a final resolution has yet to be League Debt limits reached on the issue. Resolution Passes Senate One of the bills, S. 1473, Precursor Chemicals; Dangerous Drugs; Bail, is sponsored by Senator Barbara Leff and Ru les Com m ittee creates the crime of manufacturing a dangerous drug in the presence of a minor, increases the penalties for HCR 2006, a League Resolution that asks voters at the 2006 manufacturing crystal methamphetamine and lowers the general election to amend the Constitution to allow amount of chemicals that a person may legally possess that municipal debt limitations on public safety and are used to manufacture the drug. The competing bill was transportation projects to be set at 20% of municipalities H. 2689, Methamphetamine; Drug Labs; Abuse and was assessed valuation, rather than the current 6% cleared the introduced by Representative Tom O'Halleran. This bill was Senate Rules Committee this week. With the anticipated assigned to the House Judiciary Committee, but never passage of the Class 1 commercial property tax assessment ratio adjustment as part of the budget package, HCR 2006 is received a committee hearing. important, as it will offse[ the other legislation and provide additional bonding capacity for cities and towns. The legislation is now ready for Senate floor action. - continued - LEGISLATIVE BULLETIN April 29, 2005 PAGE 2 S. 1473 was approved in the Senate and the House Photo Radar Bil I Defeated~ Judiciary Committee. When the bill reached the House floor, Representative O'Halleran successfully added an gut May Come Back amendment to S. 1473 to mirror the provisions of his bill. Representative O'Halleran's amendment, now the current version of S. 1473, contains the same provisions as above, Yesterday the House voted down S. 1164, Photo Radar; but also addresses the availability of chemicals that a person Controlled Access Highways, which was the one remaining may legally possess that are used to manufacture crystal anti-photo radar bill this session. Cities and towns were methamphetamine. His bill would require Sudafed and successful in defeating the onslaught of other anti-photo other medications containing certain chemicals in illegal radar bills that were considered in both the House and drug manufacturing to be placed behind the counter in Senate Transportation Committees this year. retail stores and would require a person that buys the medications to present identification and sign a log book. S. 1164 would ban photo radar on the freeways and would The log books are required to be submitted to and stop a pilot project between the city of Scottsdale and the monitored by the Arizona Department of Public Safety. Arizona Department of Transportation and the Arizona Department of Public Safety for photo radar on the Loop With the addition of the O'Halleran floor amendment, the 101 freeway. As reported in last week's Bulletin, there was fate of S. 1473 is uncertain. The bill needs a formal House a favorable House amendment from Representative Michele vote before going back to the Senate for Senator Leff's Reagan that would have permitted the pilot project to concurrence or refusal with the House changes. If she continue, however, her amendment was removed in a decides not to accept Representative O'Halleran's conference committee last week and the bill returned back amendments, as anticipated, the bill will go to a conference to its original form. committee. However, whether or not S. 1473 will revert to its original Senate form or retain portions of the House The bill failed by a vote of 29-26 in the House on Thursday amendments is unknown at this time. We will keep you morning. Unfortunately, one of the bill's supporters, posted as the bill progresses. Representative Andy Biggs, was successful in a motion that he made for the House to reconsider the bill next Tuesday. Governor Signs Water There were several representatives absent this morning and the bill will have a better chance of picking up the two extra Planning Legislation votes needed to pass when they return nextweek. Governor Napolitano has signed a bill that requires water Governor's Budget Req uest providers to prepare water plans that address drought and of $ 7 M i I I ion for U of A conservation components. The bill is H. 2277, Water Providers; Community System Plans and was sponsored by Col lege of Med ici ne Phoen ix Representative Tom O'Halleran. The legislation would require community water systems to Campus Faces Legislative submit a water plan to the Arizona Department of Water H u rd les Resources that includes water supply, drought preparedness and water conservation components. The bill applies to community water systems, which are defined as public To help address the shortage of doctors across the State, the water systems that serve at least 15 service connections used Governor is supporting a$7 million appropriation to start up by year-round residents or that regularly serve at least 25 the University of Arizona College of Medicine Phoenix year-round residents. H. 2277 differentiates between large and small providers and specifies different reporting dates Campus. To date, the funding for the college has not been for each. included in the budget bills that have passed the Legislature. Proponents of the school have requested that city and town Under the newly enacted law, the first water plans are due officials from throughout the State contact their legislators to by January 1, 2007 for large community water systems and express their support of this proposal. A fact sheet from the by January 1, 2008 for small community water systems. The bill states the requirements for each section of the report City of Phoenix can be found on the other side of this page. and also lists ways that communities can be exempted from portions of the water plan, including an exemption from the water supply part for communities that have an assured water supply. The Governor signed the bill on Monday after it passed the House on a final vote of 46-14 last week. LEGISLATIVE BULLETIN April 29, 2005 PAGE 3 tLt ~ ~ ii~ ~ ~ L ~ w~1 tl3 'u ~ ~ (U ~ ~ ~ ~ t.,°. ~ ~ ~CS ~ "~3 ,r ~ ~ ~'3 ~ ~ ~ ra., p ~ ~ f~~~ ~ . . • ~ ~ c~ ~ o v~ ~ ~ c~ r~ c~r~ ~ ~ ~ .'a~~ :~c~.~~~°~~sa ~ c ~r ~ a. c3. ~ ~ ~ ~ ~ ~ a ~ ~ ~ ~ ~n ~ ~ c ~ ~~`c~ ~ ~ ~ ~~,~r ~ ~ ~ .,c rn cn ~ .ti~ .~C ~ ~ tC~ C~. ~ .~~w N ~ ~ ~ ~ U Cl? ~3 ~ ~~C~a~i m~~~~ ~ tSX .c ~ "x ~ ~ ~ ~ ai' ~v ~ ~ ~ ~~~a c~~~'~ a~E~~ c ' ~i y r~ ~ ~ ~ ~ , c~ t~ ~ ~ ~ c~ty c:s ~ t?? q~j ~ ~ ..w.. t~ "€3 u ~ ~ ~ a.. ~y ~r ~ t1~ ~ .C , ~ ~ C~ C7 ~ , ~ ~ ~ ~ ~I ~ ~ ~ • ~ ~ ~ ~ L ~ C~ ~ ~ ~ td3 ..t- ~i ~ t~~' ~ ~ N ~ ~ ~ cX# ~ ~ ~ ~ t~4 <[3 L ~ ~ ~ [3 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ `C~ ~ * jj ~ ~ ~ ` ~ . : 1~+~' r~i ~ ~ Ln ~ , a~.. ~ ~ t3 d, t~. s1'i :s~ ~ `C ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ w"~. ti,7 ~ ~ A r~t Q~ ~ ~ U1 ~ ~ q~ ~ ,G~ ~ ~ x,, Q ~ cU ~ E~ ~ ~ fl., ~ r~ t~J} G~,,,,~? 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I ~ ,.T t4~i o.'Rx.,= l'~ i , ` . ~ ~ a , ~I~~ ' ,6 ~;li,~~ i,'~ } I . ~ ~ ~ i' ~~~'a~: ° ~:ii ri II~V~ t~~" . ~ ~ ~ a F ~ „ . , , . ~ . . . ~ . , . . . . . . . . . . . . . 1 LATIVE BU LLETI N LEG S , . ~ + . Issue No. 17 May 5, 2005 , . ~ , _ . =M Budget Deal Potentially in the Works IN THIS I~~' I C There is breaking news at the Capitol that a budget deal may have been reached late last V C night between the Govemor and legislative leadership. Details are few right now, but it appears that the Legislature is planning to work all night to get the budget package to the Budget Deal Potentially in the Governor by tomorrow. So far, we have heard that there are no proposed cuts to state shared revenue or HURF, which is extremely good news. In addition, we have heard that the Works . 1 appropriation for the University of Arizona College of Medicine Phoenix Campus is included Urge the Governor to Veto in the deal. Anti-Affordable Housing Bill 1 Earlier this week, the House and Senate both passed a full-day kindergarten funding bill. Both chambers amended the bill to include school vouchers to be used for full-day League Debt Limits kindergarten programs. School vouchers have been a sticking point between the Legislature Resolution Ready for Senate and the Governor this session. The Governor has indicated that she will veto any school Floor 2 voucher bill that reaches her desk, which leaves the funding for the full-day kindergarten program funding in jeopardy, as both issues are now linked in the same bill. However, it is Governor Vetoes Billboards likely that full-day kindergarten was addressed, in one form or another, in the deal that was Bill . . . . . . . . . . . . . . . . . . . 2 reached last night. Methamphetamine Labs If a budget package is passed and signed by the Governor, sine die adjournment will not be Legislation Going to far away. There are a few outstanding issues, but it would be likely that the Legislature would Conference Committee 2 be aiming to adjourn as early as next week. Second Victoryon Photo Urge the Governor to Veto Anti-Affordable Radar Bill . . . . . . . . . . . . . . 2 Housing Bill Governor's Veto Letter for S. 1193 3 The Senate passed S. 1477, Local Planning; Residences; Fee on Tuesday. As you may remember, S. 1477 was originally introduced to stop Pima County from imposing a fee for affordable housing. While the goal of this bill may have been to prevent local governments from adopting inclusionary zoning ordinances which require a percentage of new housing to be affordable, there was language adopted in the House that makes the bill much broader and applicable to many more issues other than affordable housing. Your city or town's technical staff may want to review the bil) is now on the Governor's desk. As it was final passed, the restrictions could be applied to anything the city or town imposes as a condition of a permit or rezoning action. According to the feedback that we have already received, the new requirements could be used to challenge any local ordinances that could potentially affect the price of housing or require the sale or lease to a particular group of persons, such as design and development standards; landscaping and open space requirements; wash and native plant preservation; paving requirements and preferences for first time buyers. Lea~ue a!' Arizc~na .rt?""~- Because the bill is applicable to much more than affordable housing and will have negative ~~~~~C~ ~~~~T~~ ~C~ consequences on all local governments, regardless if they offer affordable housing or not, we ask you to send a letter or make a phone call to Governor Napolitano and urge her to veto this legislation. The Homebuilders Associations are working hard to get her to sign the bill, so Legislatire Bulletin is published by the ~ea~~eoen~o~ac~c~es~aroW~S. any phone calls and letters will be extremely helpful. Fonvard your comments or sugges[ions to: League ofArizona Cities & Towns The Governor has five days to act on the legislation, so any phone calls or emails should be 1820 west washin~ton Street made by Friday afternoon. Phcenix, Arizona 85007 Phone: 602-258-5786 Below is the link to the website with the final version of the bill. If you are unable to access it Fax: 602-253-3874 Email: leagueailmgstate.az.us or would like a copy faxed to you, please contact the League. Intemet: www.azleague.org http:i/www.azleg.state.az.us~'DocumentsForBilLasp?Bill Number=14?7 . . illegal drug manufacturing to be placed behind pharmacy League Debt Li m its counters and would require a person that buys the . medications to present identification and sign a log book. Resolution Ready for Senate The log books are required to be submitted to and monitored by the Arizona Department of Public Safety. This Floor bill was assigned to the House Judiciary Committee, but never received a committee hearing. The League Resolution that asks voters at the 2006 general election to amend the Constitution to allow municipal debt S. 1473 was approved in the Senate and the House limitations on public safety and transportation projects to be Judiciary Committee. When the bill reached the House set at 20% of municipalities assessed valuation, rather than floor, Representative O'Halleran successfully added an the current 6% is now ready for the Senate floor. HCR amendment to S. 1473 to mirror the provisions of his bill. 2006, Municipal Debt; Capacity went through Senate As passed by the House this week, 5. 1473 is now essentially caucus this week, which means it is ready for Senate floor the same bill as H. 2689. debate and a final Senate vote, which are expected next week. The amended version went back to the Senate and on Wednesday, Senator Leff refused to agree to Representative With the anticipated passage of the Class 1 commercial O'Halleran's changes, which sends the bill to a conference property tax assessment ratio adjustment as part of the committee. With budget action scheduled for later today, budget package, HCR 2006 is important, as it will offset the the conference committee will likely occur on Monday or other legislation and provide additional bonding capacity for Tuesday of next week. cities and towns. Whether or not S. 1473 will revert to its original Senate form Governor Vetoes Billboards thistime.pHowever, Senator Leff has~ndic ted th tshe does B~ I I not support the provisions requiring a logbook of people buying the medications and will definitely attempt to On Wednesday the Governor vetoed S. 1193, Regulations; remove that portion of the bill. We will keep you posted as Outdoor Advertising; Remedies; Definition, which was very the bill progresses. bad legislation that would have preempted your ability to . p deal with nonconforming billboards in your community. SQCQnd V~~~ry ~n f hOtO The Governor cited concerns over the bill weakening local Radar B i I I control of billboards and the bill's interference with the recent Arizona Supreme Court opinion upholding Tucson's On Tuesday the House reconsidered S. 1164, Photo Radar; enforcement actions on this issue. A copy of the Governor's Controlled Access Highways and failed the bill for a second veto letter is included in the Bulletin. time. The double defeat of this bil) means that it cannot return again this session. The bill was reconsidered after it If you haven't already, please make sure to thank the failed last week when it did not reach the required 31 votes Governor for her support of cities and towns and their local needed to pass. Representative Andy Biggs made a motion control on this issue. We sincerely appreciate her veto on S. to reconsider the bill this week because there were several 1193. representatives absent at the time of the first vote and bill supporters hoped to pick up the extra votes on Methamphetamine Labs reconsideration. Legislation Going to The bill failed by a vote of 29-28 in the House on Tuesday afternoon. In a curious incident, two of the bill's supporters, Conference Com m ittee Representatives Andy Biggs and Eddie Farnsworth held up voting on the bil) for nearly half an hour while the Senate As reported in last week's Bulletin, there were two different supporters of the bill tried to get the two more votes needed pieces of legislation that were introduced this session to to pass. Fortunately, their efforts were unsuccessful and the address the manufacturing of crystal methamphetamine. bill eventually failed. The bills were sponsored by Senator Barbara Leff and S. 1164 would have banned photo radar on the freeways Representative Tom O'Halleran. and would have stopped a pilot project between the city of Senator Leff's bill, S. 1473, Precursor Chemicals; Dan erous Scottsdale and the Arizona Departments of Transportation g and Public Safety for photo radar on the Loop 101 freeway. Drugs; Bail, creates the crime of manufacturing a dangerous drug in the presence of a minor, increases the penalties for This bill was the one remaining anti-photo radar bill this manufacturing crystal methamphetamine and lowers the session. Cities and towns were successful in defeating the amount of chemicals that a person may legally possess that onslaught of other anti-photo radar bills that were are used to manufacture the drug. considered in both the House and Senate Transportation Committees this year. Our thanks to all of the city and town The competing bill was H. 2689, Methamphetamine; Drug elected officials and public safety officers that worked hard Labs; Abuse and was introduced by Representative Tom to defeat all of the anti-photo radar bills this session. O'Halleran. It addresses the availability of chemicals that a person may legally possess that are used to manufacture crystal methamphetamine. His bill would require Sudafed and other medications containing certain chemicals used in LEGISLATIVE BULLETIN May 5, 2005 PAGE 2 / I'izl ~ ,~.a:~. ~ ~i~_I y., I ~ I)~?I r- ab.. _ : / ~ . ~y}j ~'~.i~i:-%~. STATE OF ARIZON/1 JANEr NAPOUTwNO OFFICE OF THE GOVERNOR M~tN P„oN[: Q02-B42-489 GOV[RNOR 1700 WfGT WAGHINGTON STREiT, PNOENIX, AZ 8SOO7 FACSIMILE: 602-342-760 May 4, 2005 ~ The Iionorable Ken Bennett Senate President Arizona State Senate 1700 West Washington Phoenix, Arizona 85007 Re: Senate Bill 1193: regulations; outdoor advertising; remedies; definitions Dear President Bennett: Today I vetoed Senate Bill 1193, relating to outdoor advertising regulations. Among other things, this bill would allow outdoor advertising companies to remedy alleged violations of local codes by conforming and/or relocating to comply with current codes or codes in effect when the structure was originally built. This bill would weaken the ability of municipalities to enforce local ordinances regarding billboards and outdoor advertisements. Ciries and counties have enacted codes to address the diverse needs of their communities and protect their local resources. State law should not dilute or negate their ability to manage local issues. Finally, this bill seeks to legislate in an area that is presently the subject of angoing litigarion. In City of Tucson v. Clear Channel Outdoor, Inc., 209 Ariz. 544 (Feb. 10, 2005), our state Supreme Court ruled that the City of Tucson could pursue claims against a variety of billboazds that allegedly violate the city's zoning law. Those cases aze now pending in Pima County Superior Court. I encourage the parties to that litigation to either work together to settle their differences or resolve them in court, rather than through the legislature. Yours very truly, ' /~ir,~/~-- J et Napolitano Governor JN:TN/jm cc: The Honorable Jim Weiers The Honorable Dean Martin