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HomeMy WebLinkAbout09/15/2009 Council Agenda Packetr-~.......~ ~. ~~~~ ,,~~ ~> »<a.,. Amended on 9/10/2009 at 3: 06 p. m -REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, September 15, 2009, at or after 7:00 PM Ed Honea, Mayor Herb Kai, Vice Mayor Russell Clanagan, Council Member Patti Comerford, Council Member Carol McGorray, Council Member Jon Post, Council Member Roxanne Ziegler, Council Member ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA. Revisions to the agenda can occur up to 24 hours prior to the meeting. Revised agenda items appear in italics. A_s_a courtesy to others,_please_turn off or put in silent mode all pagers and cell phones. Meeting Times Welcome. to this Marana Council meeting. Regular Council meetings are usually held the first and third Tuesday of each month at 7:00 p.m. at the Marana Town Hall, although the date or time may change, or Special Meetings may be called at other times and/or places. Contact Town Hall or watch for posted agendas for other meetings. This agenda may be revised up to 24 hours prior to the meeting. In such a case a new agenda will be posted in place of this agenda. Speaking at Meetings If you are interested in speaking to the Council during Call to the Public, Public Hearings, or other agenda items, you must fill out a speaker card (located in the lobby outside the Council Chambers) and deliver it to the Town Clerk prior to the convening of the meeting. All persons attending the Council meeting, whether speaking to the Council or not, are expected to observe the Council Rules, as well as the rules of politeness, propriety, decorum and good conduct. Any person interfering with the meeting in any way, or acting rudely or loudly will be removed from the meeting and will not be allowed to return. Accessibili~ To better serve the citizens of Marana and others attending our meetings, the Council Chambers are 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 to the Town Clerk at least 10 working days prior to the Council meeting. Regular Council Meeting -September 15, 2009 -Page 1 of 227 Agendas Copies of the agenda are available the day of the meeting in the lobby outside the Council Chambers or online at >~~~~«•~.marana.co„ by linking to the Town Clerk page under Agendas, Minutes and Ordinances. For questions about the Council meetings, special services or procedures, please contact the Town Clerk, at 382- 1999, Monday through Friday from 8:00 a.m. to 5:00 p.m. Posted no later than Monday, September 14, 2009, 7:00 PM, at the Marana Municipal Complex, the Marana Operations Center and at «-tiv«-.tnacana.c;o under Town Clerk, Agendas, Minutes and Ordinances. REGULAR COUNCIL MEETING CALL TO ORDER AND ROLL CALL PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE APPROVAL OF AGENDA CALL TO THE PUBLIC 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 minutes to speak. Any persons wishing to address the Council must complete a speaker card located outside the Council Chambers and deliver it to the Town Clerk prior to the commencement of the meeting. Pursuant to the Arizona Open Meeting Law, at the conclusion of Call to the Public, individual members of the council may respond to criticism made by those who have addressed the Council, may ask staff to review the matter, or may ask that the matter be placed on a future agenda. PRESENTATIONS P 1: Presentation_Relating to Development; a brief presentation on the status of the Marana Health Center Development (Lisa Shafer) P 2: Presentation: Relating to Development; request for direction on a potential annexation of Oshrin Park Lots 3-9 and a portion of Spanish Bayonet right-of--way within the Oshrin Park subdivision south of Cortaro Farms Road and east of Cerius Stravenue (Lisa Shafer) ANNOUNCEMENTS/UPDATES PROCLAMATIONS Family Day Proclamation Sunflower Farmers Market Proclamation MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS STAFF REPORTS Regular Council Meeting -September 15, 2009 -Page 2 of 227 GENERAL ORDER OF BUSINESS CONSENT AGENDA The Consent Agenda contains items requiring action by the Council which are generally routine items not requiring Council discussion. A single motion will approve all items on the Consent agenda, including any resolutions or ordinances. A Council Member may remove any issue from the Consent agenda, and that issue will be discussed and voted upon separately, immediately following the Consent agenda. C 1: _Resolution No. 2009-145_:_Relating to Development; approving the release of the private improvement agreements for the Dove Mountain Boulevard Extension station 241+20 to station 260+90.74 and Dove Mountain Boulevard round-a-bout offsite improvements and acceptance of public improvements for maintenance (Keith Brann) C 2: _Resolution No. 2009-146Relating to Development; approving the release of private improvement agreements for Gladden Farms Block 9 and acceptance of public improvements for maintenance (Keith Brann) C 3: Resolution No. 2009-147;_Relating to Development; approving a release of assurances for Ironwood Reserve Block 2 and acceptance of public improvements for maintenance (Keith Brann) C 4: Resolution_No. 2009-148: Relating to Development; approving the release of the private improvement agreements for the Willow Ridge Commons -Sandy Desert Trail Offsite Improvements and acceptance of public improvements for maintenance (Keith Brann) C 5: Resolution No. 2009-149;_Relating to Development; approving and authorizing a final plat for the Lee-Mar Center (Lisa Shafer) C 6: Resolution No. 2009-150: Relating to Development; approving and authorizing a final plat for the Marana Health Center (Lisa Shafer) C 7: Ordinance No. 2009.19: Relating to the Privilege License Tax; adopting "the 2009 Amendments to the Tax Code of the Town of Marana" by reference; establishing an effective date; providing for severability and providing penalties for violations (Erik Montague) C 8: Resolution No. 2009,-151_ ;_Relating to Business Privilege Tax; declaring "the 2009 Amendments to the Tax Code of the Town of Marana" a public record and directing the Town Clerk to maintain three copies on file (Erik Montague) C 9: Resolution No. 2009-152_Relating to Animal Control; authorizing Pima Animal Care Center to dedicate funds from the Town of Marana's July 10, 2009 dog licensing fee increase to the Animal Welfare Alliance of Southern Arizona's spay/neuter initiative (Jane Fairall) C 10: Resolution No. 2009-153: Relating to Intergovernmental Relations; authorizing and approving the. Town of Marana to enter into an Intergovernmental Agreement (IGA) with the Town of Oro Valley for a Wildlife Linkage Study for Tangerine Road between Interstate 10 and La Canada Drive as well as La Cholla Boulevard between Tangerine and Overton Roads (Jennifer Christelman) C 11: Resolution No. 2009-154: Relating to the Police Department; approving and Regular Council Meeting -September 15, 2009 -Page 3 of 227 authorizing the Chief of Police to execute a Data Access/Exchange Agreement between the Town of Manana and the Arizona Department of Transportation Motor Vehicle Division regarding access to the Accident Location Information and Surveillance System (ALISS) database (Terry Tometich) C 12: Resolution No. 2009.-155_.Relating to the Police Department; approving and authorizing the Chief of Police to execute a Task Force agreement between the Marana Police Department and the United States Department of Justice, Drug Enforcement Administration (Terry Tometich) C 13: Resolution No. 2009-156: Relating to Public Works; approving and authorizing the Mayor to execute an Intergovernmental Agreement with the Arizona Department of Transportation relating to authorized appropriations for the American Recovery and Reinvestment Act of 2009 for three pavement preservation projects (Scott Leska) C 14: Resolution No, 2009-157__Relating to Public Works; approving and authorizing the execution of an acquisition and exchange agreement to acquire a portion of parcel number 216-23-0720, owned by the Ying Family Trust, for the Camino de Manana roadway project, and declaring an emergency (Cedric Hay) C 15: Resolution_No. 2009-158: Relating to Liquor Licenses; approval and recommendation to the State Liquor Board for a New No. 9 (Liquor Store) liquor license submitted by Kim K. Kwiatkowski on behalf of Circle K Store #6670 located at 5633 W. Cortaro Farms Road (Jocelyn C. Bronson) C 16: Resolution No. 2009-159: Relating to Liquor Licenses; approval and recommendation to the State Liquor Board for a New No. 10 (Beer and Wine Store) liquor license submitted by Michael A. Phillips on behalf of Sunflower Market located at 3860 W. River Road, #K (Jocelyn C. Bronson) C 17: Minutes of the August 18, 2009 regular council meeting C 18: Resolution No. 2009-167: Relating to the Manana Municipal Airport; approving Added Late and authorizing the Town Manager to execute a grant agreement with the Federal Aviation Administration (FAA 3-04-0058-18) providing funding in the amount of $120, 687 for design of an airport traffic control tower at the Manana Municipal Airport; and declaring an emergency (L' VanHook) COUNCIL ACTION A 1: _PUBLIC HEARING: Ordinance No. 2009.20: Relating to Development; approving a rezoning for Manana Mercantile, on approximately 39.09 acres located west of the I-10 Frontage Road and north of Manana Road (Kevin Kish) A 2: Resolution No. 2009-160: Relating to Development; approving a retail development tax incentive agreement regarding the Manana Mercantile development project and authorizing the Mayor to sign it (Frank Cassidy) A 3: Resolution No. 2009-161: Relating to Public Works; approving and authorizing the Mayor to execute agreements to purchase land from Pima County and the Pima County Flood Control District for use as mitigation lands in connection to the Twin Peaks Interchange project (Keith Brann) A 4: Resolution No._2009-162__Relating to Development; waiving development review and permitting fees and real estate processing fees for flood control infrastructure projects Regular Council Meeting -September 15, 2009 -Page 4 of 227 that reduce flood impacts of developed subdivisions containing areas newly designated as floodplains in the Federal Emergency Management Agency's 2009 Digital Flood Insurance Rate Maps (Keith Brann) A 5: Resolution No. 2009-163: Relating to Finance; authorizing the application for a loan from the Water Infrastructure Finance Authority of Arizona out of the State of Arizona's. allotment of Drinking Water State Revolving Fund to finance certain water projects (Ann Meaders) A 6: Resolution No. 2009-164: Relating to Administration; approving and authorizing the Town Manager to implement an administrative directive system to establish operating practices and procedures for administrative functions and to supplement Town policy; and declaring an emergency (Deb Thalasitis) BOARDS, COMMISSIONS AND COMMITTEES B l: Presentation_Relating to the Town Council; report on the town council subcommittee discussion for the 2009 Strategic Planning Retreat, and requesting direction (Gilbert Davidson) ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1: Relating to Development Impact Fees; the filing of the annual development impact fee report to account for the collection and use of development fees as required by ARS § 9-463.05 (Erik Montague) D 2: Resolution No. 2009-165: Relating to Community Development; discussion and possible action regarding a series of proposals to the United States Postal Service concerning changes to ZIP codes and city names (Josh Wright) D 3: Le~islatiye Issues: Discussion/Direction/Action regarding all pending bills before the Legislature (Steve Huffman) EXECUTIVE SESSIONS E 1: Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. E 2: Executive Session pursuant to A.R.S. § 38-431.03(A)(3),(4) and (7), discussion or consultation for legal advice with the Town's attorneys and discussion and to consider its position and instruct the Town Manager and staff concerning possible acquisition of certain water infrastructure and accounts and water rights and/or resources E 3: Executive Session pursuant to A.R.S. § 38-431.03(A)(3),(4) and (7), discussion or consultation for legal advice with the Town's attorneys and discussion and to consider its position and instruct the Town Manager and staff concerning (1) the lawsuit entitled Town of Marana v. Pima County/Pima County v. Marana (consolidated), Maricopa County Superior Court No. CV2008-001131, (2) pending legal issues, settlement discussions and contract negotiations relating to the transition of Marana wastewater collection and treatment to the Town of Marana E 4: Executive session pursuant to A.R.S. § 38-431.03(A)(4) to discuss options with and receive legal advice from the Town's attorneys for addressing funding issues for the Camino de Manana/Dove Mountain Road Extension (I-10 to Tangerine Road) Roadway Improvement Project Regular Council Meeting -September 15, 2009 -Page 5 of 227 FUTURE AGENDA ITEMS Notwithstanding the mayor's discretion of what items to place on the agenda, if three or more council members request an item to be placed on the agenda, it must be placed upon the agenda for the second regular town council meeting after the date of the request (Marana Town Code, Title 2, Chapter 2-4, Section 2-4-2 B) ADJOURNMENT Regular Council Meeting -September 15, 2009 -Page 6 of 227 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, September 15, 2009, 7:00:00 PM To: Mayor and Council From: Lisa Shafer ,Assistant Planning Director Strategic Plan Focus Area: Commerce, Community Building Strategic Plan Focus Area -Additional Information: Item P 1 The Marana Health Center Development will be the second major development within Marana's Downtown Core area and will help support the Town's initiative for downtown projects that retain commerce and partner, support and promote the development of health care facilities. Subject: Presentation: Relating to Development; a brief presentation on the status of the Marana Health Center Development Discussion: Jerry Zillman with The WLB Group and Clarence Vatne with the Marana Health Center will provide a brief update on the Marana Health Center development. ATTACHMENTS: Name: Description: Type: No Attachments Available Staff Recommendation: Presentation only. Suggested Motion: No Council action required. Regular Council Meeting -September 15, 2009 -Page 7 of 224 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, September 15, 2009, 7:00:00 PM To: Mayor and Council From: Lisa Shafer ,Assistant Planning Director Strategic Plan Focus Area: Commerce Item P 2 Subject: Presentation: Relating to Development; request for direction on a potential annexation of Oshrin Park Lots 3-9 and a portion of Spanish Bayonet right-of--way within the Oshrin Park subdivision south of Cortaro Farms Road and east of Cerius Stravenue Discussion: This presentation is intended to provide the Mayor and Town Council with information regarding a proposed annexation of Lots 3-9 and approximately 200 linear feet of Spanish Bayonet Drive right-of- way within the Oshrin Park subdivision, as recorded in Book 25, Page 67. The proposed annexation area is located on the south side of Cortaro Farms Road, east of Cerius Stravenue. These properties are adjacent to Lots 1 and 2 of Oshrin Park, which the Mayor and Town Council approved annexation of on June 2, 2009. The applicants have expressed interest into annexing their parcels into the Town. of Marana with the intention of processing a rezoning to change the residential zoning to neighborhood commercial zoning designation. Currently there are commercial businesses that are operating on a few of the lots. At a minimum any property owner that is conducting or would like to conduct a commercial business would have to process a rezoning of that property and if approved by the Town Council would begin the development plan process. The proposed area of annexation is contiguous to the Town's corporate limits and is currently within the Town's planning area as defined within the adopted Town of Marana General Plan. The Future Land Use Map within the General Plan designates the subject property as Low Density Residential (LDR). The LDR designation is characterized by single-family detached homes on relatively large lots in a density range of 0.51 - 3.0 residences per acre. Additionally, it allows for commercial development that serves the residential development with both pedestrian connectivity and automobile access. This area is currently being served by Marana Water. The only additional right of way that will be annexed into the Town will be the portion of Spanish Bayonet Drive that runs along the side of lots 8 and 9. Cortaro Farms Road in the location is currently Town of Marana right of way. The property is currently zoned by Pima County as SH (Suburban Homestead), which is a residential zone with a minimum lot size of 36,000 square feet. In order to establish Town of Marana zoning that equates to existing Pima County zoning without allowing densities greater than those permitted under the current zoning, the annexation area zoning will translate to Town of Marana R-36 (Single- family Residential 36,000 square feet minimum lot size). Regular Council Meeting -September 15, 2009 -Page 8 of 224 ATTACHMENTS: wrame: description: Type: ^ Prope.rty._Owners Redacted.pdf Property Owners List Backup Material ^ Oshrin Park Lo#s 3- 9 Ma~pdf Annexation Map Backup Material ^ Location Map~df Location Map Backup Material ^ Oshnn_Park Lots 3-9 legal. desc,pdf Legal Description Backup Material Staff Recommendation: This item. is presented as informational for direction at the Mayor and Town Council's pleasure. Suggested Motion: No action required. Regular Council Meeting -September 15, 2009 -Page 9 of 224 LOT NAME CONTACT INFQ INTENT ANNEX INTO ~ of MARANA OWNER 3 ~ THOMP50N REZONE TO NC - YES 1.26 STEPHEN AND LIVE ON PROPERTY CINDY LIVING AS RESIDENT TRUST ACRE5 4, .. CUTLER PAUL D REZONE TO NC - YES 1.26 RUN CUTLER LANDSCAPING, RETAIL RSERY ACRES NU FOUNTAIN CENTER 5 GLANDON REZONE TO NC - YES 1.26 FREDERICK V LIVE 0~4 PROPERTY ACRES AND SHARON AS RESIDENT- CP/RS 6 _ DEAN GLENN REZONE 70 NC - YES 1.26 NO PLANS TO ACRES BUILD 7 _ LEE JOHN A AND 1(ES 1.26 LINDA E ACRES $ _ CALDWELLJOHN E UNDECIDED, YES 1.26 AND DEBORAH J DEPENDS ON ACRES JT/RS COSTS C~ _ OVERHOLTZ UNDECIDED YES 1.26 CALVIN ACRES Regular Council Meeting -September 15, 2009 -Page 10 of 224 TR SECTION 26 AL. CAP CORTARO RANCH 105' RASS DISC IN 75' 3 STAMPED PE 7076 1/4" BOOK 51, PAGE 006 BLDG. 7 ' CONC. 26/25 SETBK. _ 89'18'12° E 30' _ _ N 89'18'12=E 1284.49' N 89'3926 E 406.18 N 89'39'28" E 1334.49' CORTARO (ARMS ROAD No 120 RD MAPS BOOK 2 PAGE 123 7-7-32 °o d 45' ADDITIONAL RIGHT-OF-WAY DEDICATED BY BOOK 25, PAGE 67 ° 30' g ~M1 17;1,$3' 176.74' ° 220.83 ~+ "' 21.49' ~ 5 ~ ~ BD. ,., w " W - 9 ~,, ~e BLDG. SETBK e m ~ v ~ ~ ~ g ,~ o ~ 47982.38 sq IL ~~ °v. _ 1 2 ~^ 3 ~ ~ 4 = ,,; 5 s ~ 6 ~^ 7 H e 8 t.f0 Acres ~• ~i, M o m $ N 47504.41 esq. IL o iv 47584.41 &I. ft ~ ~ 43984.41 sq. ft ~ w 47504.41 sq. IL $ "~ 47000.50 esq. ft bo N 43666.52 >q. It rn N 89'18'12" E 368.12' F 1.00 Acrae IAO Acres 1.00 Aces 1.00 Acres 1.00 Aaa 1.00 Acres i ~ ° 58.94' _ ~ 89'18'12" E N 89'18'12" EN N 89'18'12" Ey N 89'18'12" E~ N 89'18'12' EN N 89'18'12" EN N 89'18'12" Ez N 89'45'00" E 50' M ~~ ~ e,l 207.25' 205.25' 200.25' 200.25' 200.25' W 200.25' 200.25' W 202.65' ~ 0 11 a 10 ~ tnN t„ ~ " W W v~ `~ ~ ~- `' ~ 00 N r o Q~O~ F M ~ ~ d' m b Vo ~ 19 =. 18 a~ 17 <~ 16 15 0~ ~" ~ryh Q N o N ~ N O N O S ~' O y y 0.. 50' ,n w N y 25' 25' 50' 182.73' 20525' 200.25' 200.25' 20025' 200.25' 200.25' 177.64' ., 145.24' 30 ~ cV ' Jt 89'1812 E 769200 _ _ _ N 89'1812 E Z Y - - - CAL CAY ~ 14' -- - KO VI O ~ i O m 20 21 22 23 24 25 26 27 I~ 28 29 OSRIN PARK (LOTS 31-113) BOOK 27, PAGE 26 CURVE TABLE N_UMBER_ DE_LTA___ RADIUS C1 90'00'00" 25.00' C2 89'51'25" 25.00' C3 89'38'44" 25.00' C4 90'08'35" 25.00' LENGTH 39.27' 39.21' 39.12' 39.33' ~~ REVISIONS: 7~ DUNCAN & ASSOCIATES Engineers - Surveyors 7852 North Roundstone Drive Tucson, Arizona. 85741 (520) 744-1379 N 2" c.LP ~ ~ STAMPED 1/4 SEC. 25 PCND 10' SLOPE EASEMENT .TED BY BOOK 25. PAGE 67 WILLOW RIDGE BOOK 60, PAGE 98 0' 200' 400' 600' Scale: 1" = 200 feet Proposed Annexation of Lots 3-9 Of Oshrin Park Lots 1-30, Book 25, Page 67 PART OF WEST HALF Of SECTION 25, AND THE EAST HALF OF SECTION 26, T12S, R12E, G. & S. R, B, & M. PIMA COUNTY, ARIZONA Revised B : H. Duncan Sheet 1 Of 1 Drawn By: J. Robles Date: Sc01e: As Noted Job No. 2DO9-zoo Regular Council Meeting -September 15, 2009 -Page 11 of 224 _~~ ~~ ~. Proposed Annexation of ~,~ ~ ~~ ~ - ~ Lots 3-9 of Oshrin Park ~;~~;' ~;'i ; ~~~~ ;~ subdivision ~ - ~ ~, _ __f~ ;` ~ z ____-J o ,: ~ (~ - ~ I ___ ~ _ - - 1N SHADY GROVE DR -- - ~ ~ ~ _ _ ~ ~ - i -, ~ z i- I ~ f -_-- -> ----VdCORT,ARO CROSSING DR - -o - ~ --_` ~ J __ } F- I _~ .. J Q Z ~ - Q = Q W ~ ~ '> Z c C~ _ ~ 1NCARR'.AGEDR- - ~ w Z - W W _. _. W -. L __ - ----- Z z - < I-- --_W RED ROCK RIDGE ST-- ~~ -- - -- -- - --, - - -- bN CCRTARO FARMS RD - ----- -- --- __-- - - ---- I e xation Area i Proposed Ann -- - -- z ~' a ~ w - - - \ .---_-----------WCALLECAYEUS----------~------ G m ,\ /- ~" ~- '~ m p ~ ` _ ~ to ~~ z ,~ a , ~ cn ~~ z ~~ -------W CALLE MAVERICK-------1------------- ~ ,c ~ - ~ ' ~ ~ ^~ ~\ ~\ ~ O~ - '~ ~, '~ ~` Request o aoo 600 ft. Request for direction on a proposed annexation of Lots 3-9 and a portion of right -of-way within the Oshrin Park subdivision located south of Cortaro Farms Road and east of Cerius Stravenue. Data Disclaimer: The Town of Marano provides this map information 'As Is' at the request of the user with the understanding that is not guaranteed to be accurate, correct or complete a n d conclusions drawn from such information are the responsibility of the user. In no event shall The Town of Marano become liable to users of these r i~ da~~oufar~oUn~~ IVI$e{finny l~e ~etdt~tr~e~, i,~~irp~~~~pe~aal ineci,~rD~l~~onsequential damages, including but not limited to time, money or goodwill, arising from the -~' DUNCAN & ASSOCIATES Hubert A Duncan, PE, RLS Legal Description ENGINEERS CONSULTANT SURVEYORS A11 that certain parcels described as Lots 3 thru 9 of OSI-~RIN PARK, lots 1 through 30, a subdivision as recorded in Book 25, Page 67 in Pima County, Arizona records, and more particularly described as follows by metes and bounds; Lots 3-9 and a portion of Spanish Bayonet Drive right of way to the extent of Lot 8 Beginning at the interior quarter corner of Section 26, Township 12 South, Range 12 East, Giia and Salt River Base Meridian, Pima County, Arizona, being a found aluminum cap stamped " PE 7076 l /4 "also being on the centerline of Cortaro Farms Road, thence N 89° 18' 12" E, along the said centerline a distance of 1796.13 feet to a point; Thence S 0°41'48" E, a distance of 75.00 feet to the Southerly Right of Way of Cortaro Farms Road, and also being the Northwest Corner of Lot 3; Thence N 89° 18' 12" E, along said Southerly right of way, a distance of 822.61 feet to a point on a line parallel to the said centerline of Cortaro Farms Road at it's intersection with the East Section Line of said Section 26; Thence N 89°39'28" E, along the Southerly right of way of said Cortaro Farms Road and also parallel to the mid section line of Section 25, a distance of 677. S 5 feet to the Northeast Corner of Lot 9; Thence S 38°44'11" E, a distance of 198.21 feet to a paint; Thence S 89° 18' 12" W, a distance of 368.12 feet to the Southwest Corner of Lot 9, being on the east right of way of Spanish Bayonet Drive; Thence S 0°41'48" E, along said east right of way, a distance of 58.94 feet to a point; Thence S 89° 18' 12"' W, a distance of 50.00 feet to a point on the west right of way of said Spanish Bayonet Drive, being the Southeast Corner of Lot 8; Regular Council Meeting -September 15, 2009 -Page 13 of 224 7852 N. Roundstone Drive Tucson, Arizona 85741 520 744-1379 page 2 Thence S 89°45'00" W, a distance of 202.65 feet to the corner common to Lots 8 and 7; Thence S 89° 18' 12" W, a distance of 1001.25 feet to the Southwest Coiner of said Lot 3; Thence N 0°41'48" W, along the West Line of Lot 3 to said Northwest Corner of Lot 3. ~! ~xpires 9-30-ZOt Regular Council Meeting -September 15, 2009 -Page 14 of 224 PROCLAMATION FAMILY DAY WHEREAS, the use of illegal and prescription drugs and the abuse of alcohol and nicotine consti#ute the greatest threats to the well-being of American's children; and WHEREAS, fourteen years of surveys conducted by The National Center on Addiction and Substances Abuse at Columbia University have consistently found that the more often children and teenagers eat dinner with their families the less likely they are to smoke, drink and use illegal drugs; and WHEREAS, parents who are engaged in their children's lives through such activities as frequent family dinners are less likely to have children who abuse substances; and WHEREAS, family dinners have long constituted a substantial pillar of family life in America. NOW, THEREFORE, the Mayor and Council of the Town of Marano do hereby proclaim the fourth Monday of every September as ..FAMILY DAY - A DAY TO EAT DINNER WITH YOUR CHILDREN Dated this 15'" day of September, 2009. ATTEST: Mayor Ed Honea { ~ ;,"' celyn ~. Bronson, Town Clerk PROCLAMATION SUNFLOWER FARMERS MARKET DAY September 30, 2009 WHEREAS, Sunflower Farmers Market is proudly opening its first store in the Town of Marana; and WHEREAS, `'Serious Food at Silly Prices'' will always remain their core philosophy; and WHEREAS, they strive to contribute to the Marana economy as a pioneer in natural and healthy lifestyles, being that the supermarket is focused on the flourishing natural and organic foods industry; and WHEREAS, on this day, Sunflower Farmers Market will promote their passion far healthy living and environmentally friendly practices during the grand opening of their Marana store and continue for their lifetime in Marana. NOW, THEREFORE, the Mayor and Council of the Town of Marana, Arizona, do hereby proclaim September 30, 2009 as "SUNFLOWER FARMERS MARKET DAY" in the Town of Marana, Arizona, and I urge ali citizens to celebrate Sunflower Farmers Market Day by giving your family healthy and nutritious eating habits for life. Further, I urge all citizens to continue to support local farmers and producers in the state ''of Arizona. Dated this 15c~ day of September, 2009. r vrl.~ ~. ATTESL Ed Honea, Mayor .~ooelyn ~'; Bronson, Town Clerk Regular Council Meeting -September 15, 2009 -Page 18 of 224 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 8,5653 COUNCIL CHAMBERS, September 15, 2009, 7:00:00 PM To: Mayor and Council From: Keith Brann ,Town Engineer Strategic Plan Focus Area: Not Applicable Item C 1 Subject: Resolution No. 2009-145: Relating to Development; approving the release of the private improvement agreements for the Dove Mountain Boulevard Extension station 241+20 to station 260+90.74 and Dove. Mountain Boulevard round-a-bout offsite improvements and acceptance of public improvements for maintenance Discussion: Approval of this Resolution will release the Private Improvement Agreement between the Town of Marana and Cottonwood Properties as depicted on Exhibits A and B. In releasing said Assurance Agreement, the Town of Marana will accept for maintenance, including regulatory traffic control signs and street signs, approximately 2000 linear feet of Dove Mountain Boulevard. Improvements were constructed as part of the Dove Mountain Resort offsite improvements project. Financial Impact: Budgeted to Operations and Maintenance. ATTACHMENTS: Name: Description: Type: ^ Resolution Dove Mountain Blvd 241 to 260.doc Resolution Resolution O E..X_A DMB Extenson.pdf Exhibit A Dove Mountain Blvd Extension Exhibit ^ EX_B DMB Roundabout.pdf Exhibit B Dave Mountain Blvd Round-A-Bout Exhibit Staff Recommendation: Staff recommends Mayor and Council approve the release of the private improvement agreements for the Dove Mountain Boulevard Extension station 241+20 to station 260+90.74 and Dove Mountain Boulevard round-a-bout offsite improvements and acceptance of public improvements for maintenance. Suggested Motion: I move to approve Resolution No. 2009-145, approving the release of the private improvement agreements for the Dove Mountain Boulevard Extension and Dove Mountain Boulevard round-a-bout offsite improvements and acceptance of public improvements for maintenance. Regular Council Meeting -September 15, 2009 -Page 17 of 224 MARANA RESOLUTION N0.2009-145 RELATING TO DEVELOPMENT; APPROVING THE RELEASE OF THE PRIVATE IMPROVEMENT AGREEMENTS FOR THE DOVE MOUNTAIN BOULEVARD EXTENSION STATION 241+20 TO STATION 260+90.74 AND DOVE MOUNTAIN BOULEVARD ROUND-A-BOUT OFFSITE IMPROVEMENTS AND ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR MAINTENANCE WHEREAS, Cottonwood Properties, has completed the public improvements acceptable to Town standards in accordance with the Private Improvement Agreement for Dove Mountain Boulevard Phase II, Station 241+20 to Station 260+90.74 improvements ENG0612-011 and Dove Mountain Boulevard Round-A-Bout Improvements ENG0803-005. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana as follows: SECTION 1. The Town accepts for maintenance, including maintenance of regulatory traffic control and street signs, 2000 linear feet of Dove Mountain Boulevard and the appurtenances, as depicted on Exhibits A and B. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 15~' day of September, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -September 15, 2009 -Page 18 of 224 TOWN OF MARANA PUBLIC PAVING AND DRAINAGE PLANS FOR DOVE MOUNTAIN BOULEVARD 241+20 TO 240+90.74 NORTH SCALE: I'=200' BLOCK 'G' la BLOCK 'G' (GOLF COURSE) ltt O T (GOLF COURSE) BLOCK b' -~ (FUTURE T I Ex MxN e39-tt ~;_ RESIDENTIAL) ~1 BLOCK •G' s-zoos-H3 ,L~ x A ~' (GOLF COURSE) ~I ~I B ~,~~ i~ 3 ~~ o-e9a (Ma1NTENnNCE~ FACILITY Q ~ ,,, ___ y + CK 'F' FUTURE ~~ ~ SAGUARO ~ PBLW FOREST 9-zom-M3 DRIVE E% PUBLIC E1(. MH DB39-3B 6-4001Mb _ EYOa-i~3 Plwuc UMSUBDIYIDED I a-zooH~a F% ~~_1- DOVE MOUNTAIN BOl M. N3 33 (PDBLIC) PUBLIC 0-200hNa LEGEND `% DE97NA01 SFE AEET 4 ~( DlIF7 ~ 9H 9NEF7 f I~WI PA./ CO Op IIBGffi 9EEi MaaR ~_ _ DOSING SDR1 d YK Y/COM. CRllk ~'S- ts DaSING 9EWA d 7N j ~ ---B -Y.- PMPPuFD POf9E MTfp -2- PRAORD AFAMFD 7aTT - '-'- 1W TF/A ROOOPIMI (010ro50 els) ~-aLL - DfATNG CRf Oa116 MKan11 a R0.1 M.w PAgIENf ® 9EafY Y7AIW8 Da B< SET PBt LOAI SA. Y-INW) IEN kl AaE Dust. xi RAPE BLOCK 'K' (FUTURE COMMERCIAL) o-eoa-N3 Ia 7. ,,. LOCATION MAP WAI81 a aClDll D, T: 113, 0.-R-L E k SNIT, IM. WIMY, MAOIN (9PBELbR OYM;f ~ S:YEY=IME U0a ]effi W 1011670. Hi Ka'161M OLW dAY GENERAL PAVING NOTES S 9E 0®N 7RW w1 A6 PAISf ILL [ 8 Y9l 008181 WIDE 6 A I9-w. 2 d10361ROCWe NO hA YDRW 9W1 H M COIFfl1YlIF NN R11 a11aVDR M a[B A6DB TBAIBDB6 IOe PWIC II90,BEIIR aGIC6i SSPAI WM W WI. 31Dp01A WA f01AA YflL OIkYN ro P.C./CAI. S9P1 SdTla 70.1 ~ AYWmC WAWE SWLL WIOAI ro PLf00I. SSPL ACIM Ra M IE 2 a u aoYWl Bm AkPO MM PG/COI. ssP7 SNIpN IWb, aAS s;OaO eu OMR04k 9WNM A M Bas. lflESS OE66ff Yflfffi B OONIAEIa 9WL (aPIT 171 Nl RYIWWE OWR7aW 9VEk' MB 1EYAI IOIIMRYM IBIARIS. 1. OaMAB SMLL a1VA Ml RIMS LAID MWN1WRl AWQS PflA W WWNWIBI fl Ml fl16D16 W 16E iBR YAT OC IP7M,W a MAIN 9B7,W01 DYMPR ERW W WWaUCOI k A aPra ~ Ulmf Y169 a Afl NA19NL F ASf N NI 791' I~ UDWN a M 9E A ML T16 OYIY O16WICW0. la RQI OIIBWIBR a 17K riAC OOIIADI OOS6 Wil H 10$0 AO IRN[Y0 M M OMPATa ult MN BE W IE I6K s Wntm AL MWB 9N6, BWMOm ar. SILL a R ID]AIVAE NM:AE INIPt a uYaM TAAC o3flD1 MYfT IOaO e<K sWE aAW6N fIRWKT w Nl >aB. IE A AOaa a 983 MASOBWN 14WM PHgIBDaa6 WR Ml7Y MOOIDIpS N6 afll flBY10 p NOIMI-OMRR. fMRM7f 9NL MEIMI W 7E NWMNBE4N 07PMN1 N SID REND. Q7a4 01WI Ma A N0A OIIDB4 (01'ON) Iz P71MLB NWL Wna0laa AD eeABYa Al OWM IW9E5 Rm w RN OYIDYCkOI EIt YAE WM to (4M-MeF wDMt Sat ONAtM w PL/~Cat~S5P19K17 701 1/. NB DWMDON gal IPdW AOAI ODTIY ND RM Bm IDE[ Aa WAR YaA IAB eMi SB[B SBB E%. 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SAD FLLWaTO BEIIG D41.W (NGYA1 EKG-0612-011 PRV-00012 TOWN OF ANRN13. PUBLIC PAVING AND DRAINAGE PLANS FOR ... T~ DOVE MOUNTAIN BOULEVARD 2+i+20 R7 480+90.7+ Y NR! E TE Tk10D106 AkYY~lfl W IIIIY OW7 AM RE NIWIN POWRNT OBOkAf BkY1AY1136B W Exhibit A Regular Council Meeting -September 15, 2009 -Page 19 of 224 TOWN OF MARANA DOVE MOUNTAlf~ B~OU~~/ARD ROUND-A-BOUT RECONSTRUCTION NOTE ND. t 1 ~ J I~ ~ SIANaI / RU ~I7P D~ rpaffcT ado ~~ ~ SIN LOCA,J~QN. MAP voRwR a sECnoN s1 i-II-S. R-11~ a Q S:R.aM. PN61 491RRr. ARIZONI scMr: J: + NxE C~MFJ?AL PAYIJO NOTE3 I. 716 SE9CN 'SfID !aR 1MS PACUECT MrL fiF .II diq( 716 DEStaV rE1MiClf b A 118-98 2 ALE aLM57RaaaVN MD ZEST YEI/gaS Slall ~ w Dowumrarrf NRt PMM Da1r17Y/rliY ar fwttw srArR+we sPEwr;ItlcMa rare Plarc wPRaIE~61DS (P.c./aar. ssv~.! tact EATgN. J. ADI#89E EKSE GMeFSE ASW. aa1FaM ro va/aar. esvJ. SEC0a1r Jax • ,ESnPanc cnt6AErE soot mrFOrw ro Pr./car. ssP.I. sECtuv as wMr Ne. s. a ALL COWtBEIf SNtlL adA°LY MTM P.a/CA.T. 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M B45b aF feE1MT1aN r0R TINS PRa,ELT b A POIMD a1.0. wtt55 GIPPED MaW#6Nf AT 7hE NORNINESI GeRMfR OF SEC/IaN JI. T-f I-S, R-1J-[ SVe ElEN1tIDM eF]Ne IT38.=1', Exhibit B Regular Council Meeting -September 15, 2009 -Page 20 of 224 .HID e0 (AMA'.IPE PLWS PAT1Erw3 MN DETAMS 1 p tlPi~ irAP iDDN aE' IININI CROSS 3,ECT70lV A" T-a ° •~'"7•t ~ ucP 7-ro-eY N•:~ IL1~ Y 1APT Ra $M?Lf _.. ~ ~iE'~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, September 15, 2009, 7:00:00 PM To: Mayor and Council Item C 2 From: Keith Brann ,Town Engineer Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2009-146: Relating to Development; approving the release of private improvement agreements for Gladden Farms Block 9 and acceptance of public improvements for maintenance Discussion: This Resolution will release the Private Improvement Agreements between Gladden Fatrns LLC, a Delaware Corporation and the Town of Marano, regarding Gladden Farms Block 9 as depicted on Exhibit A. Gladden Farms Block 9 is comprised of lots 1 through 69 and Common Areas "A-1" through "A-6", "B-1" through "B-3". The subdivision is recorded in Book 61 of Maps and Plats, Page 27, Pima County Recorders Office, Arizona. In releasing said Private Improvement Agreements, the Town of Marano will accept for maintenance, including regulatory traffic control signs and street signs, approximately 0.47 miles of the following paved streets: • School Day Drive, Granville Drive, Waterside Drive, Foxberry Drive and Elementary Drive The Town accepts for maintenance, a potable and non-potable water system including 2860 linear feet of water line, water meters, appurtenances, valves, and fire hydrants for the above referenced project with an estimated value of $344,876.95. Financial Impact: Budgeted to O&M. ATTACHMENTS: Name: Description: Type: ~ Resolution -Gladden Farms Blk 9 090807.doc Gladden Farms Block 9 Resolution Resolution G EX A Gladden_Farms_Block 09.pdf Exhibit A -Location Map Exhibit Staff Recommendation: Staff recommends Mayor and Council release the Assurances for Gladden Farms Block 9 and accept the Regular Council Meeting -September 15, 2009 -Page 21 of 224 public improvements for maintenance. Suggested Motion: I move to approve Resolution No. 2009-146, approving the release of private improvement agreements for Gladden Farms Block 9 and acceptance of public improvements for maintenance. Regular Council Meeting -September 15, 2009 -Page 22 of 224 MARANA RESOLUTION NO. 2009-146 RELATING TO DEVELOPMENT; APPROVING THE RELEASE OF PRNATE IMPROVEMENT AGREEMENTS FOR GLADDEN FARMS BLOCK 9 AND ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR MAINTENANCE WHEREAS, Gladden Farms Block 9 is a 25.27 acre subdivision located north of Tangerine Farms Road, and south of Gladden Farms Drive containing lots 1-69, and common areas `A-1' through `A-6' and `B-1' through `B-3', and is recorded at the Pima County Recorder's Office in Book 61 of Maps and Plats, Page 27; and WHEREAS, the Town has an Assurance for the completion of public improvements; and WHEREAS, Gladden Forrest LLC., has completed the public improvements acceptable to Town standards in accordance with the Assurance Agreement for Gladden Farms Block 9. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana as follows: SECTION 1. The Town accepts for maintenance, including maintenance of regulatory traffic control and street signs, approximately 0.47 miles of the following paved streets as shown on Exhibit A: • School Day Drive, Granville Drive, Waterside Drive, Foxberry Drive and Elementary Drive SECTION 2. The Town accepts for maintenance, a potable and non-potable water system including appurtenances, valves, water meters and fire hydrants for the above referenced project with an estimated value of $344,876.95. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this I5~' day of September, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -September 15, 2009 -Page 23 of 224 PAVING NOTES I. THE BASIS OF BEAMING FLN THIS PROJECT IS THE NORTH LINE OF THE NORTHWE St N SELTIW 31. 1115. R11E. FROM THE Pc00i AND FLD3D CIXiTPOL DISTRICT. SANTA CPUZ PIVEq LONER BARK PROTECTION PLANS N.O. NUAMER /F91BA: SA 10 GEARING BEING NB9'25'O6"E. 2. BASIS OF ELEVATION BEING Ash REBMI AT THE INTEpSECt ION Oi NWgE d POSTVALE ROAD. SAID MONWAFNi ALSO BEING THE NOPTNEAST CORNED OF SECTION l4. TOWNSHIP 11 NdiTN. RANGE 11 EAST. ELEVATION BEING 2006.13 INAVO 8M 1. 3• THE OES ION SPEED fOq THESE STREETS I6 25 MPH. THE DESIGN VEN ICLE IS MB-40. 1. ALL CWSTPUCIIW AND TEST METNWS SHALL BE IN CWFDRMANCE WITH PIMA CWNTY/CITY A TUCSON STANDARD SPECIFICATIONS ANO STANOAflD DETAILS FQL PUBLIC IMROVEMENTS. IB94 EDITION. THESE MAY BE MOOIF IED AND/OIL SUPPLEAE11TF0 BY THE REW IRENENTS OF THESE PLANS. 5• AGGREGATE BASE COURSE SHALL CONFORM TO PIW COUNTY/CITY OF TUCSON STANDARD SPECIFICATIONS FOR PlIBL IC IMPgOYEAENiS. SECTION 303. WLESS OTNERNI SE SPECIFIED. 6. ASPHAL TiC CWCPE TE SHALL CWFIXiM TO PIMA COUNTY/CITY a NCSW STANp4RD SPECIFI CATI WIS FOfl PUBLIC ILWROVEMENTS. SECTION 106. MIX 1R. UNLE55 OTHERWISE SPECIFIED. T. ALL CONCRETE SHALL COMPLT WItH PIMA CWNTY/CITY OF TDCSW STANDAPp SPECIFICATIONS FOR PUBLIC IIPROVENENTS. SECTION 1006. CLASS 5. 3.000 PSI COAPRFSS IVE ETRENGTN AT 28 DAYS. UNLESS OTNEPNI SE SPEC IE IED. B. THE CONTRACtgi SHALL COM+LY WITH ALL APPLICABLE OCCUPATIONAL SAFETY AND HEALTH AOMINI START ILK REGUTAT IONS. 9. THE CONTRACTOi SHALL OBTAIN ALL PERMITS PEW IRED BY GOVERNAENTAL AGENCIES. 10. ALL REVISIONS TO THESE PLANS RUST BE REVIEWED ANO APPROVED BY THE TOMN SUBD IVISIRI ENGINEER F0.R THE TOWN OF NARANA PRIdK TD CWISTWCTI W. 11. A COPY Oi APPROVED PLANS SHALL BE KEPT IN AN EASILY ACCESSIBLE LOCAi ION ON INE JOB SITE AT ALL TIMES DIMING CONSTRUCTION. 12• If UNANTICIPATED CWDI TI DNS ANE ENCOIMTEREO OUR ING THE COURSE OF CIXYSTRUCi ION ANp ARE BEYOND THE SCOPE GF THE DESIGN. THE CONTRACTOP SHALL NOT IFV THE ENGINEER ANO NE SHALL SUBMIT THE NECESSARY REVISED Oft SUPPLEAFNTAL IMPOVEMENT PLANS FOR REVIEW AND APPROVAL BY THE TOWN SUBD IYI SIGN ENGI VEER FOP THE TOMN OF WPAW. 13. UPON COMENCEI~NT OF NWR. TPAFF IC CONTROL DEVICES SHALL BE POSTED ANp WINTA INED BY THE CMTRACiOR UNTIL SUCH TIME AS THE MORN 15 COAPLETEO. ALL WARNING SIGNS. BMRICADES. ETC. SNAIL BE IN ACCORDANCE WITH THE MANUAL W UN IFOgM TRAFFIC CON iR0. DEVICES AWPTED BY THE STATE OF ARIZONA P1IRSUANi TO A.R.S. 28-650. 74. ALL STATI ON IMO IS MEASURED ALONG STREET CENTERLINE. UNLE55 OTHEPMI SE NOTED.. I5. UTILITY LOCATIONS A5 SHOWN ON THE PLANS APE BASED W A SEARCH OF AVAILABLE RECORDS ANO INfOPMATI ON PROVI DEO BY THE UTILITY COMPANIES OR AGENCIES. UTILITY LDCAT IONS SHOWN ApE APPRO%IWTE. AND THERE WY BE EXISTING UTILITIES NH I CN ARE NOT SHOWN ON THESE PIAN$1 iNEREFpiE. TXE POSSIBILITY OF Cf-/FIICTS NITH UT IL Ii lES IN SEpV ICE E%ISTS. THE CONTRACTOR SHALL CALL 'BLUE ST4XE CENTER` AT 1-B00-TB2-5J1B. AT LEAST 4B HOURS PRIOR TO COMIENC ING CONSTPUCTI W. TO PEOUEST VERIFICATION OF THE LOCIT ION AND ELEVATIW OF ALL Ui IL 7T IES WITHIN THE WVRIt AREA. THE CONTRACTOR SNAIL BE SWELY AND COLPLETELY PESPoNS I BLE FOi COSTS INCURRED AS A RESULT OF DpNAGE TD UTILITIES CAUSED BY X15 OPERATIONS. SEWER NOTES 1. STANDARD OE TAIL NMM ND. tOfi (GENERAL NOTES - SEWER CONSTWCTIONI 12003 ED IT IONI APPLIES TO THIS PROJECT. 2. ALL REVISIONS TO THESE PLANS RUST BE PEVI EKED AND APPPOVEO BY PIMP CWNTY NASTEMATER MANAGEMENT PRIOR TO CONSTRUCTION. 3. IF UNANTICIPATED CDND ITIIXiS ARE ENCWNTEgEO DUPING THE COURSE OF LWSTRUCT ION AND ME BEYOND THE SCOPE OF THE DE516N. THE CONTRACTOR SHALL NOTIFY THE ENGINEER AND HE SHALL SUBMIT THE NECESSARY REVISED OP SI~LEAENTAL IMPROVEMENT PLANS FOP REVIEW ANO APPROVAL BY PIW COUNTY HASTE NATEP MANAGEMENT. /. THE CWTRACTIXi INSTALLING TXE SEWER SHALL INSTALL ALL FRAMES pN0 COYEPS FOP MANHOLES TO EIEVATI RIS STAKED BY THE ENGINEER. 5. OWLING PAV IMO. THE PAVING CONTRACTOR SHALL ADJUST MANHOLE FRAMES AND LOVERS TO FINAL PAVEMENT SURFACE GpAOE. 6. PIPE LENGTHS SHOWN W THE PLANS ARE MEASURED FgOM CENTER OF WNNOLE TO CENTER OF WNNWE. NEN MANHOLE INVERT ELEVATI WS SHOWN ON THE PLANS AAE GIVEN AT THE CENTER OF THE WNHWE WD ARE BASED ON INE PROJECTION OF THE ADJACENT PIPE SLOPES i0 THAT POINT. NEN HCS INVERT ELEYAT IONS APE GIVEN AT THE ACTUAL NCS PIPE INVERT. 1. PIPE BEGGING SHALL BE PEP siANOApD DETAILS IIMM N0. 104 ANO/OA YIWM N0. 105. W A6 SNOMN @! THE PLANS. SHWLO CgOWOWATER [R OTHER IRKANiI CIPATEO SOIL LONDI TI WS RE ENCOUNTEPEO. THE REDOING SHALL BE NOD IF IED AS DIRECTED BY THE SOILS ENGINEER. W. NDUSE WNNECT ION SEWERS SHALL Bf STUBBED WT TO THE FARTHER OF TNF SiPEET RIGHT-OF-MAY. COM10N AREA LOT LINE: DR TO THE PEAR OF INE UT IL ILT EASEMENT. ISUBOIV IS ION PPOJECTSI 9. SEWER CONSTRUCTION SHALL NOi COM/ENCE UNTIL PIW COUNTY DEPARTMENT OF ENYI RONMENTAL DUAL TTY IPCDEOI NAS ISSUED A "CEPT IFICATE OF APPROVAL TO CONSTRUCT" FOR TH15 PROJECT ANO CONTRACT(NL NAS OBTAI NEO A PUBLIC SEMER CONSTRUCTION PERMIT FROM PIW WUNTY DEVELWMENT REVIEW 1740-65861. AAOAD.9Ug101 vn+a xP V: snFm TILNDN, AZ Y11 RUW sTa~ixpMp ~ ~ 01-BOO-182348; ~1FFF1~~ - PUB ~IL''F I.C%/~~6~,\ P~II''FA'/`/ V I ~~N~~-~1~G~ A N D~~'1 P//~~FU\BIIp[F-(~L~Y/ I I~C\Y/A~I,'~ SEW E~II''FR , P /Lr`~Ay ~~IN~~\yS F`q,~J(O~/' R lA w d J1 J.14 ~ lL w ~ 11 d J1 ~l ~ d' 11 ~ ~ AA w ® 'l/ J111 / LOTS 1-69 AND COMMON AREAS "A", "B" & "C" SEWER NOTES -CONTINUED PRV-04-021 Fxlsr Mn •3F64 10. THE FOLLOMI NG LQTS SHALL BE EOU IPPEO NI TN BACRNpTER VALVES: t A I. E N ' 4rMA FAgYB PN 16~9"G1~p21 ll BACXMATEp VALVES FQA NW SE CONNECTION SEWERS SHALL BE MANUFACTURED Fi 08 N P[ i , Y BY 2URN INWSTR IES. OP EDUI VALFNT. XI T YH P, 1 /\\ X H 3 AlE f' v t00' If. IMMEDIATELY REPORT ANY RELEASE DF SEMAGE. ANO/OH ANY OAWGE T0. OR THE DPOPPI NG OF DEBRIS INTO THE PUBLIC SANITARY SEWAGE CONVEYANCE SYSTEMt TO EITHER PCWMO LIELO ENGINEERING IT10-26511 W PCM%D FIELD OPERATIONS 1326-/33J 1. ON NEEKENDS. HOL l0AY5. OR BETXEEN 5:W PM AND B:00 AY. INMEDI ATELY CALL THE PIMA CWNTY SHED IFF'S COMMINI CAT ION CENTER 1295-4595 [q T97-4911) ANp REQUEST A PCIKtl REPRESENTATIVE BE DISPATCHED TO THE SITE. TAME IMIEDIATE ACTION TO PREVENT W CUITAIX THE SANITARY SEWAGE OVERFLON IS501 FROM THE SEVER SYSTEM. THE CWTRACTON SHALL BE PESPONS IBLE FOR ALL COSTS TO REPAIR THE SEMER SYSTEM: FOR AlL EXPENSES TO MITIGATE THE RELEASE ANO TO DISINFECT THE RELEASE AREA. AND FOR ANY PEGULATQRY PENpLT1 E5 LEY IED W1 PCMMp BECAUSE THE 550 ENTERED A N4TURAL OA CWSTPUCTED SiONM NATEP ORAI NpGE SYSTEM. INE CWTRACTgi SHALL REPAIR ALL DAMAGE AS DIRECTED AND APPROVED BY THE PLNW FIELD ENGINEERING MANAGER. 12. THIS PROJECT 15 PARTI CI PAi ING FLR PIIpPOSES OF CONNECTION FEE ASSESSMENT. 13. AS-BU IL1 PLANS SHALL BE REQUIRED BY PW50 WHEN CONSTRUCi1 R1 IS CWNLETE. WITH SURVEYED INVERT AND PIPE DATA. id. WHENEVER CONNECTING TO A LIVE SEMER. IT IS THE PESPGNSIB IL ITV 6 THE CONTgACiOP t0 (A) IQENT IfY ANO INCLUDE ALL FLON MANAGEMENT COGTS IN THE SEWER CWSTWCTION BIQ SUBMITTED NITH THE PUBLIC SEWER PERMIT APPL ICAT CON: AND I0I PNOVI OE A FLOW NANACEMEN7 PLAN AT THE PPE- CWSTWCTIOH MEETING NITH NASTEMATER FIELD ENGINEERING PRIOIL TO BEGINNING SEWED CONSTRUCTION. REFER 70 DETAIL MNN A3 FOq FLOM MANAGEMENT PLAN REW IREMENTS. CALL PIW COUNTY WASTEMATEp fIELU ENG INEEpI NG AT T40-2651 FOq ALL WEST IONS REGARDING THE PREPARATI DN OF FLOW MANAGEMENT PLANS. 15. ALL DESIGN STANOMOS. WTERI0.LS ANO YXMKMANSN IP FOP PUBLIC SANITARY SEWERS ME i0 BE 1N ACCORDANCE WITH THE LATEST EDITION OF THE PIW COUNTY WASTEMATEp MANAGEMENT pEPAPTMENT'S IPCWW) MWIUAL OF ENCI NEEDING STANDARDS ANO PROLEDIpiES. ANO THE PIW COUNTY / CITY OF TULSQN STpN0AR0 DET41L5 ANp SPECIFICATIONS FOR PUBLIC ILMgOVEMENTi 12 W3 EDI TI ON I. 5A10 MANUALS ARE ON FILE AT PIW CWNTY WASTEMATEp WWGEMENT OFFI CESAT 201 N. STONE PYENUE: fiTN FI Wq. I6. TN IS PUBLIC SEMER Is pE51GNEO Ai MINI MIM ALLOMABLE PIPE SLOPE. SPECIAL CARE SNWLD BE TAKEN TO 455URE DESIGN SLOPE IS MAINTAI NEG. SEVERS FOUND i0 BE CIXVSTRUCTED 4T INSUFFICIENT SLOPES MILL NOT BE ACCEPTED GY PCWMAM AND/DP ADED. COPRELII VE ACTION: INCLUDING RE-CONSTRUCTION OF TXE SEMEP(SI AT THE SOLE EXPENSE OF THE PRWFtT OWNER/CONTRACTOR WOULD BF REWIRED. AS-BUILT PLANS SHALL BE REWIRED FdV ALL NEN PUBLIC SEMEg3 PRiW TO FINAL ACCEPTANCE. ti. INE CONTRACTOP SHALL VEq IFY LOCATIONS AND ELEVATIONS OF ALL E%ISTI NG UT IL I TES PP TOR TO ANY CONSTWCTIIXi. CALL "BLUE STARE" AT 1-BW-iB2-5348: A MINIMUM OF TND (21 FULL WOPR ING GAYS PRIOR TO E%CAVpi ING. SPECIAL NOTES FOR D]P 1B. TIfE LONTPACiOA SHALL SIRPLY A CERT IF ICAT IONI51 FPOM THE PIPE MANUFACTURER/L VIER THAT STATES 1NAT THE PIPE ALLO THE LINING MEET INE CURRENT STANDARDS 4ND SPEC IF ICATI MS OF THE PIW CWNTY PASTE HATER MANAGEAENT DEPARTMENT. TN IS LEFT IF ICAT I DN SNAIL THEN GO ON TO STATE SPECIFICALLY THE FOL COMING TN I NGS: A. ALL WC11LE TRW PI PF AND FiTTI NGS HAVE A sP-IODOY. A POIYETNYLFNE (PE 1. p COMB INATIW OF POLYETHYLENE (PEI AND FUSI WI BONDED EPO%Y IfBEI OP APPROYEO EQUAL INTERIOR LINING DF 4D MILS 135 MILS MINIMUM) IN THE BARREL ApEA. 10 MILS MIN IAUM IN INE BELL AREA pN0 f0 MILS MI NI MJM ON THE E%TEPI OR OF THE SPIGOT ENO. B. EACH PIECE OF PIPE ANO EACH FITTING NAVE BEEN CHECKED FOR NOL IOAYS Ui IL 121 NG A TESTING VOLTAGE OF i500 VOLTS MITX A DPY CONWCT I VE PROBE IN THE BARREL AREA AND A TESTING VOLTAGE OF 6T Ih VOLTS MITX p WET SPONGE IN BOTH THE BELL NIEA ANO THE EXTEPI DN OF THE SPIWT ENO 4X0 THERE ARE NW E. C. THE SP-200DN. PE OP PE/FBE LINING E%TENDS FARA THE BOTTM OF THE GASKET SOCKET IN THE BELL 10 A POI Ni W THE E%TEPI OIL OF THE SPIGOT ENO OF TXE PI Pf YNERE THE NE%T PIPE GASKET MOULD OVERLAP TNF LINING. D. AlL SP-2000W. PE QR Pf/iBE USED MEETS THE WRRENT SPECIFICATIONS SET BY PIW COUNTY NASTEMATER WNAGELENT Fqi TN IS WTERI AL. E. THE W%I MJM OPY FILM TN I CKNESS IN THE GASKET SWAT APEA ANO W THE E%7ERIOR OF THE SPIGOT ENO i6 15 MILS. 19. IF INE LWTRACTOR MAKES AFIELD CUT a sP-2000W. PE TIP PE/FBE LINED PIPE. NE SHALL PROPERLY PREPARE THE SURFACE ~ THE PIPE TO RECEIVE A PROTECTIVE COATING OVER TXE ENQ OF THE PIPE YIN i tN SHALL CWSI ST DF SP-20WX OR APPROYEO EW4L. THE INTEpIW SURFACE THAT IS BEING OYERLAPPEO SHAH BE POUWEO UP TO PRODUCE A 3 TD 5 MIL PROFILE OVER IT AND CLEANEQ IN ACCWOANCE pI TN THE COATING NANUFACTIMER'S INSTRUCTIONS. INE E%TERI OP SURFACE SNAIL BE SANDED AND CLEANED IN ACCORDANCE NITH THE COATING WWFALTUREfl'S INSTRUCTIONS• THE ENO RESULT Df TN IS PROCESS IS TO SECURE PROPER AOXESION FOA THE NEM SP-10WW OA APPAOYED EQUAL COAilNG. THE COATING SHALL THEN BE APPLIED AND ALLOWED TO PAOPEPLY DRY BEFOPE PI PF ASSEMBLY. IN ALL CASES: AS A MI NIMW. A f0 MIL COATING 0. SP-2000M Ofl APPROVED EQUAL SHALL BE APPLIED Tll THE PIPE END ANO SHALL OVERLAP INE OPIGI WL SP-2000W. PE OR PE/FBE LINING BY A MI NI MIM OF FWR INCHES AND E%TENO ARWND THE END DF THE PIPE AND ALWG THE OUTSIDE OF THE PIPE A MIN IAWM OF TEN INCHES. THE W%1 NUM OPY FILM TNI CKNESS IN THE CASKET SEAT AREA AND ON THE E%TERIOR W THE SPIWT ENO IS 15 MILS. THE SP-20 WM. PE. PE/FBE OR APPROVED EWAL USED SHALL MEET THE WPRENT SPECIE ICAT ILNS OF PIW CWNTY NASTEMATER MANAGEMENT. ~mg ~~ BLOCK 'A" Ui: NJ225'S5' LON:WNfIT50 BLAOOmI FAPW - BLOGK Id BK 8B1 PP d0 SEWER NOTES -CONTINUED 20. THE FOL LOM ING IMF GPWTI ON AS A MINIMUM NI LL BE SHOWN ON THE E%TERI OR OF EACH PIECE OF DUCT ICE IpON PIPE: p. MANE a l]N ING APPLICATION. B. NAME Of LIN IMO. t. TN ICRNESS OF LIH ING. D. GATE Di LINING APPLICATION. E. CLASS OF UUCT ICE IPON PIPE. F. NAME OF DUCTILE IRON PIPE MANUFACTURER. G. PATE OF DUCTILE IRON PIPE MANUFACTURE. 21. ALL DUCTILE IPM PIPE THAT IS SUPPLIED SHALL NOi NAVE ANY E%TERI00. COATING UNLE55 CALLED FOR ON THE CONSTRUCTIW PLANS. THE CONSTWCTIW 6PELIF ICAT IONS Mi AS CALLED FOR IN TXE NOTES LISTED ABOVE ISUGH AS 011 THE E%TEPIOR f0 INCHES OF THE SPIGOT END OF THE PI PE 1. FOR GENERAL NOTES, SEE SHEET 6 INDEX OF SHEETS 1 COVED SHEET 2-5 PAV IMO 8 SEWER PLANS 6 GENERAL NOTES d DETAIL SHEET i DETAILS B SIGNING d STP IP ING SHEET ACCEPTED BYI PIW CWNTY WSTE MATER WNAGEMENT DEPT DATE BY: PE TETPA iECll. INC.. CONTRACTING ENGi VEER FOp TOWN OF MAWNA DATE @Y: ~ TOWN OF WAANA SUBDiVI510N ENGINEER GATE BY: _ iOMN OF WgANA PLpNN ING DIPECTOP DATE EXHIBIT A \6FV Nllr, i \q i ckst naGFgs~ i R bTV 10\PGmeB3Q. pen z6 2i MeoN[ Woo Zi 2W 33 _ THI8 NN ~ 9 PROJEC'^1T ~s,- a Yc ]" v 1 MILE 3J 31 a IS 03 02 LOCATION MAP ' SECTION 34. T 11 6: P II E G d SRN, TOMN Of MARANA PIMA COUNTY. ARI TDNA CAT: N32.26'OT" CON: X111.72'19" OWNER/DEVELOPER PIW COUNTY DATUM GlAODEN FOIIEST: L.L.C. L/O FOREST CI iY SWTNNESi l33 EAST wETMORE POAO: sU I TE 250 TUCSRi. A2 85105 ATTN: MI%E ETTEq 15201 B88-3962 WORK TO BE DONE THE IMPADVEMEHTS ANO GRADING CW513T Df THE FOLLDN ING NUiR i0 BE DONE ACCORDING 70 THESE PLAX$ X10 SPEC I~ ICAT IONS AND STANDAPO DETAILS OF PIW COUNTY ANO TXE LIiT OF TUCSON. STANDARD SPECIFICATIONS 11 STANDApD SPECIE ICATIRIS fpi PUBLIC 1MPPOVEMENTS 11994 EDI TIW I. PIW CWNTY ANO CITY OF TUCSON. 21 STANOApO SPECIE ICATI ONB FDR PUBLIC SE'tlER IM+gOVEMFNTS ONLY 1200} ED17IOtl1 PIW COUNTY AND CITT OF TUCSW. STANDARD DETAILS/DRAWINGS 11 STANDARD DETAILS FON PUBLIC IMPROVEMENTS 17994 EDITIW I. PIW CWNTY ANO CITY W TUCSON. 21 TRAFF it SIGNING DESIGN MANUAL IWY 20D2 EDI TI ON I. PIMA COUNTY AND CITY OF TUCSON. 31 THE MANUAL ON UN IFgiM TPAfFiC CONiROt DEVICES fNJTCDI LATEST EDITION. 41 UN IFOWI STANDARD DETAILS FOq PUBLIC XOgXS CW5IPUCTI W. MARICWA ASSOCIATION OF GOVERNMENTS. 1998: REV1 SEp 2007 51 SUBOI VISION STREET STANOAg05 MANUAL: TOWN OF WPANA 120M EDIT ION I. LEGEND ITEM STANDARD DETAIL SYMEIOL A.C. PAYING IRFGULNi)- - - - ~-- ~-SEE DETAIL C: SHEET 6- - 6' VERTICAL CURB ITTPE ICI - - - - 60 209 - - - - - - - - - - S C I I I I L L L L A J~J~J~J~L E 6" ROLLED CURB IiYPE CI- - - - -SEE OETA IL E: SHEET 6- - - - - 6' K 12' CONCRETE MEAGER- - - - -Sp 21J TOP OF CURB ELEVATION - - - - - - - - - - - - - -- ~- -- - - - ~G-"*~-}9~ EXIST ELEV4TIW (TC 11.601 PROPOSED sEMEq YMI 109. NMM 105 y~ PROPOSED SEMER MANHOLE- - - - - NMI 200. NIM 209- - -_ _- -- __ - ~ PROPOSED NN N/GONG COLIAR- - - - NW 212 _. _ -_ _.... _..._ _ - NEN WATERLINE N/VALVE- - - - - - IfOR REFERENCE MAYI - - - - - ®------ l0T REWIRES BACRMATEp VALVE W VCS- OETAIL REFERENCE- - - - - - - % ' OETAiI IOENiIF ICATtON._ - _ Y v SNEEi SHOMING DETAIL CURB ACCESS RAW-------~SFE DETAIL G. BNEET 6----- 4~ CONCRETE SIDEWALK-------SD Z00---------- .- SURVFYMOIIUIENT---------SD f07---------- p EXIST SEMER AND WNNOLE--------- ®---- E%IST MATEgLINE N/VALVE----------------- ~w- EXIST UNDERGROYXD ELECTRIC LINE - - - - - - - -UGE- E%IST GAS LINE--------------------- -G- E%IST TELEPNAIE/TY C48LE LINE- - - - - - - - - - - - - - - -TEL/cpiv- E%IST CURB dPAVEIENi------------------ -771--nT PflDIECi BWNDMY ------ , LOi NIIM3ER5--------- -- 2j TRICO TRANSFORMER - (FOR REFERENCE ONLYI- - - - - rm ®O TRICO PEDESTAL--------IFOR REFERENCE WLYI----- SHEETINDE%--------------__... ...----~ 3 ~.,..~ .,.,., NBSWINANO F~ _ i PRV-O4ZI PDBLIC PAVING { SEMER PLANS PREPARED FORT Y { ~ ', ~_7 ~ G~.ADI9EN FARMS ~s L ~ ~1.®C~ 9 LOTS 7-{W {COMMON G•\GLADDEN\3359_blk9\3359p01, tlOn ENG0503-006 OS-MAT-2005 OR•29 ~~~ ~~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, September 15, 2009, 7:00:00 PM To: Mayor and Council From: Keith Brann ,Town Engineer Strategic Plan Focus Area: Not Applicable Item C 3 Subject: Resolution No. 2009-147: Relating to Development; approving a release of assurances for Ironwood Reserve Block 2 and acceptance of public improvements for maintenance Discussion: This Resolution will release the Assurance between DR Horton Inc. and First American Title Insurance Company, under Trust No. 9140 and the Town of Marano, regarding Ironwood Reserve Block 2 as depicted on Exhibit A. Ironwood Reserve Block 2 is comprised of lots 174 through 222 and Common Areas `I', `M', `O1' and `02' and is recorded at the Pima County Recorder's Office in Book 58 of Maps and Plats, Page 79 In releasing said Assurances, the Town of Marano will accept for maintenance, including regulatory traffic control signs and street signs, approximately 0.4 miles of the following paved streets: Moonfire Drive, Moonfire Court and Hidden Wash Court The Town accepts for maintenance, a potable water system including 19001f of water line, water meters, appurtenances, valves, and fire hydrants for the above referenced project with an estimated value of $99,885. Financial Impact: Budgeted to O and M. ATTACHMENTS: Name: Description: Type: ^ Resolution_- 090817 Ironwood Reserve Blk 2.doc Resolution accepting improvements Resolution. ^ EX A Lra_nwood Re_serve_Bloc...k 2..pdf Ironwood Reserve BIk 2 Location Map Exhibit Staff Recommendation: Staff recommends Mayor and Council release the Assurances for Ironwood Reserve Block 2 and accept the public improvements for maintenance. Suggested Motion: I move to approve Resolution No. 2009-147, approving a release of assurances for Ironwood Reserve Block 2 and acceptance of public improvements for maintenance. Regular Council Meeting -September 15, 2009 -Page 25 of 224 MARANA RESOLUTION N0.2009-147 RELATING TO DEVELOPMENT; APPROVING A RELEASE OF ASSURANCES FOR IRONWOOD RESERVE BLOCK 2 AND ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR MAINTENANCE WHEREAS, Ironwood Reserve Block 2 is a 31.91 acre subdivision located north of Pima Farms Road and east of Scenic Drive ,containing lots 174-222, and common areas `I', `M', `O1' and `02' and is recorded at the Pima County Recorder's Office in Book 58 of Maps and Plats, Page 79; and WHEREAS, the Town has an assurance agreement assuring the completion of public improvements; and WHEREAS, DR Horton Inc., and has completed the public improvements acceptable to Town standards in accordance with the Assurance Agreement for Ironwood Reserve Block 2. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana as follows: SECTION 1. Ironwood Reserve Block 2 is hereby released from the Assurance Agreements with First American Title Insurance Company under Trust 9140. SECTION 2. The Town accepts for maintenance, including maintenance of regulatory traffic control and street signs, for maintenance, approximately 0.4 miles of the following paved streets as shown on Exhibit A: • Moonfire Drive, Moonfire Court and Hidden Wash Court SECTION 3. The Town accepts for maintenance, a potable water system including 1900 if of water line, water meters, appurtenances, valves, and fire hydrants for the above referenced project with an estimated value of $99,885. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 15~' day of September, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -September 15, 2009 -Page 26 of 224 OE16ttL PAVlq NOTE ~_~. 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R/~16. t %' ~.~~(54wFE A1C/ G-2004-061 BNG0402-016 -~ Efl7r 4Tm SowEi --O -~ 9PIAE R1FIf 9m1w'E IIF11 AE NKNMr 0110W VWY Maf R ® 1 LY VW1m vavE ® w1 M,EaF vMVe [iJ w+oaciPE wElm Qs swm wnIDIE F)601MG WM61 wIL1S Ewsrtla TwR IMMMI F Tlaw MwpN/ a1WM YMm 06wOlRM i OETr. OR CRS-9FCa0W R6am s 911RT MI111E11 Regular Council Meeting -September 15, 2009 -Page 27 of 224 Exhibit A 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, September 15, 2009, 7:00:00 PM To: Mayor and Council Item C 4 From: Keith Brann ,Town Engineer Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2009-148: Relating to Development; approving the release of the private improvement agreements for the Willow Ridge Commons -Sandy Desert Trail Offsite Improvements and acceptance of public improvements for maintenance Discussion: Approval of this Resolution will release the Private Improvement Agreements between the Town of Marano and Lennar Communities as depicted on Exhibit A. In releasing said Assurance Agreement, the Town of Marana will accept for maintenance, including regulatory traffic control signs and street signs, approximately 2300 linear feet of Sandy Desert Trail Improvements were constructed as part of the Willow Ridge Commons Offsite Improvements project. Additionally, the Town will accept for maintenance, a potable water system including 3,671 linear feet of water line, water meters, appurtenances, valves, and fire hydrants for the above referenced project with. an estimated value of $176,618. Financial Impact: Budgeted to Operations and Maintenance. ATTACHMENTS: Name: Description: Type: ^ Resolution_Sandy Dgse. r[ Trail.doc Resolution Resolution D EX A Sandy_Desert Trail.pdf Exhibit A -Location Map Exhibit Staff Recommendation: Staff recommends Mayor and Council release the Private Improvement Agreements for Willow Ridge Commons, Sandy Desert Trail Offsite Improvements and accept the public improvements for maintenance. Suggested Motion: I move to approve Resolution No. 2009-148, approving the release of the Private Improvement Agreements for the Willow Ridge Commons Sandy Desert Trail Offsite Improvements and acceptance of public improvements for maintenance. Regular Council Meeting -September 15, 2009 -Page 28 of 224 MARANA RESOLUTION N0.2009-148 RELATING TO DEVELOPMENT; APPROVING THE RELEASE OF THE PRIVATE IMPROVEMENT AGREEMENTS FOR THE WILLOW RIDGE COMMONS -SANDY DESERT TRAIL OFFSITE IMPROVMENTS AND ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR MAINTENANCE WHEREAS, Lennar Communities Inc, has completed the public improvements acceptable to Town standards in accordance with the Private Improvement Agreements for Willow Ridge Commons, Sandy Desert Trail Improvements ENG0507-007. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana as follows: SECTION 1. The Town accepts for maintenance, including maintenance of regulatory traffic control and street signs, 2300 linear feet of Sandy Desert Trail and the appurtenances, as depicted on Exhibit A. SECTION 2. The Town accepts for maintenance, a potable water system including 3671 if of water line, water meters, appurtenances, valves, and fire hydrants for the above referenced project with an estimated value of $176,618. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 15`" day of September, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn. C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -September 15, 2009 -Page 29 of 224 ~~ WILLOTY RIDGE' COMMONS ~ ~ J. 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CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, September 15, 2009, 7:00:00 PM To: Mayor and Council From: Lisa Shafer ,Assistant Planning Director Strategic Plan Focus Area: Commerce Item C 5 Subject: Resolution No. 2009-149: Relating to Development; approving and authorizing a final plat for the Lee-Mar Center Discussion: Request Final plat approval of a 2-lot commercial subdivision on 1.9 acres. The final plat will provide the ability for individual ownership of the proposed lots. Location The subject property is generally located on the south side of Ina Road approximately 1/4 mile east of I- 10. History On July 18, 2006 the property was rezoned to VC (Village Commercial) by Ordinance 2006.22. On July 10, 2008 a development plan (DPR-07010) for two restaurants on the property was administratively approved. One of the restaurants (Chuy's) is built and open for business. The other fast food restaurant has not been built. Transportation Access to the development is being provided from one shared access drive from Ina Road. The two restaurants also share the parking area. Rights-of--way dedication on Ina Road was required by the rezoning and acquired during the development plan process. ATTACHMENTS: Name: Description. Type: ~ Resalutign 2009-XXX Le e- . Mar Center FP.doc Resolution Resolution D Lee-M_ar PI_at_a.pplication.pdf Application Backup Material ~ Location Map for Lee-Mar _ Center FPp_d_f Location Map Backup Material ^ Lee-MarCenter F nal Plat _ . PRV-09030.pdf F~naf Plat Backup Material Staff Recommendation: Regular Council Meeting -September 15, 2009 -Page 31 of 224 Staff finds that the final plat is in compliance with requirements of the VC zoning district, the conditions of rezoning Ordinance 2006.22, the Marana Land Development Code and the Marana General Plan; therefore staff recommends approval of the final plat. Suggested Motion: I move to approve Resolution 2009-149, approving and authorizing a final plat for the Lee-Mar Center. Regular Council Meeting -September 15, 2009 -Page 32 of 224 MARANA RESOLUTION N0.2009-149 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A FINAL PLAT FOR LEE-MAR CENTER WHEREAS, MARLEE Saguaro, LLC, has applied for approval of a final plat for the Lee-Mar Center, a 2-lot commercial development on 1.9 acres, and is generally located on the south side of Ina Road approximately 1/4 mile east of I-10, within a portion of Section 6, Township 13 South, Range 13 East; and WHEREAS, the Town Council, at their regular meeting on September 15, 2009, determined that the Lee-Mar Center Final Plat should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Lee-Mar Center Final Plat is hereby approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 15~' day of September, 2009. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regular Council Meeting -September 15, 2009 -Page 33 of 224 TOWN OF MARANA Planning Department 11555 W. Civic Center Dr. Marana AZ 85653 (520) 382-2600 Fax: (520} 382-2639 PLANNING & ZONING APPLICATION 1. TYPE OF APPLICATION Cheek One o Preliminary Plat o General Plan Amendment Final Plat o Specific Plan Amendment o Development Plan o Rezone/Specific Plan o Landscape Plan o Significant Land Use Change o Native Plant Permit o Minor Land Division a Variance o Conditional Use Permit o Other 2. GENERAL DATA RE AIRED Assessor's Parcel Number(s) E ~ € _ (~S' r ~ ~ J ' General Plan Designation "T'a be confirFned b sia Gross Area (Acre/Sq. Ft.) ~ r~ ! ~ ~~ Ate- Current Zoning fa be confirmed b siaf ~ ~t G U Development/Project Name L~~ ~~~ ~~..~.~~~ ProposedZaning ~G, Project Location Description of Project ~N fXL ~ ~ f ~L'~ TY-t b ~J~F'~~ (~ l~C,t1, L ~-G~ Property Owner ~f ~~ ~ ~ (. ~ ~ ~~ L LL Street Address "3 ~ ~ ~' S ~ir~ p i~-1 ~r~ ~ E,~~1 . ) ~f (~SUr~ ~1 ~ ~ (~ ~ ~s ~~a City .~1"i}cs o ~ State ~Z Zip Code ~~~- f ~ Phone Number ~ ~ ~ ~G `~ Fax Number ~~-~ ¢ i~ E-Mail Address ~~~-~rl ~~~-~ o~ ~ Contact Person ~{-~ Phone Number Applicant ~?~ ,, ~ r ,,~,~ S f~~ b ?~ -~.- Street Address ~ ~, ~ ~ ~ ~~ ~r ~~ ~ ~~ City State Zip Code Phon Number Fax Number E-Mail Address Q Contact Person ~~'l~ L~~ Phone Number .~2~~3 s-3t~~ Agent/Representative ~~~-/1 ~ ~ ~ ~-~5.~..,~ f K- Street Address ~ ~ ~ ~ '~ ~ b ~ ~~ ~ ~'7~'t~ f . 0 $ City ~~CS ~ St to t~~i Zip Code ~5~~~~ Phone Number ~"~4 '~~ifJ~ Fax Number ~PZ~?7~~~' E-Mail A{~dd ss ~l~.l~if-ffh~I~~S~t. Contact Person ~_, ~E~'~~ ~t.! Town of Marana Business License No. /~ ~ n ~ ~IIV ~i ~(`~tj-- 3. AUTIIORiZATION OF PROPERTY OWNER I, the undersigned, certify that .all of the facts set forth in this application are true to the best of my knowledge and that I am either the owner of the property or that 1 have been authorized in writine by the owner to file this application and checklist. (If not owner of record, attach written authorization from the owner.) ~I ~ r~ ~~~t~c~_ G~-~~ _ ~~~~~~~ ~ Print Name of A licant/A ent ; Si ri t re Date aaGlog ~~~-O~o~of Gt'6v~/ "~ pRVo~p7- 002 X:Planning\Form s1App1 ication07.doc Regular Council Meeting -September 15, 2009 -Page 34 of 224 ~'"~~~,~ MARANA `."`"/!\ t 1'4Y' tDlYW MAfiAYS 7/2 ~l09 11/15/2007 ~d~' r ;- ~~ ~~ Lee-Mar Center r~, ~ ~ - Final Plat ~S ~^J'~ ~ ~ u, ~ . ~ L .k ~' ~~ ~ ~' ~ CASE P RV-09030 I'~''~bid ~~f- r'~~.~N~`?~, w >" v7 w O w 0 z ® ~ ~~ U Z, W~INA RD it Subject Property 1= ,~~ S ST Rl~T U O Z RegUeSt o soo ~ZOOn. Approval fora 2-lot commercial subdivision on 1.9 acres Data Disclaimer: The Town of Marana provides this map information 'As Is' at the request of the user with the understanding that is not guaranteed to be accurate, rr co ect or complete a n d conclusions drawn from such information are the responsibility of the user. In no event shall The Town of Marana become liable to users of these at a rt ~ d K~ou~arY~oun~~ Mte{finny I`S'~e ~em~e~ i,~~irp~~t0~~2 ~e ~~ o~~~onsequential damages, including but not limited to time, money or goodwill, arising from the GENERAL NOTES 1. THE CROSS AREA OF THE SUBDmSNM' LS I.B9 ACRES, 81,654 S.F.. 2. THE TOTAL NUMBER OF LOTS IS 2. 3. 1HE roTAL NUMBER OF NBLIC AND PRIVATE STREETS LS 0. 4. THE PARCEL CODE NUMBER IS 101-OS-0087. 5. LOT i IS 28,284 SF. L07 2 IS 53,360 SF. 6. THE &515 OF BEARINGS M THE NORTH LME OF SECTION 6, T.135.. R.1J E.. GRSRM FROM A 2" BCSM AT THE NORTHWEST CORNER OF SECRON 6, T. 13 S., R. 13 E, ro THE SOUTH QUARTER CORNER OF SECTION 31, T 12 S., R. 13 E BEING N. 88"48'70' E. 7. THE SUBDMSION UES W17HM' AN AREA DESIGNATED AS HAVR7C AN ASSURED WATER SUPPLY. 8. PRIOR 70 ISSUANCE OF PLUMBING OR BUILDING PERMI/S. A JOINT USE AND M4AVTENANCE AGREEMENT SHALL BE RECORDED FOR ANY SHARED OR PRNATE SEWER ONES, AFTER REwEW AND APPROVAL BY THE %MA COUNTY REGIONAL WATER RECUIMATKRI DEPARTMINT. 9. ALLOWABI£ BUILDING HE7GM 50' 10. BUILDNG SETBACKS: SiREEf BUILDING SETBACK: JO' REAR/SIDE BUIIDNJG SETBACK: 20' 17. IXISDNG ZONIMG IS wLUGE COMMERCl4L 12. NO NRIHER LOi SPU7T11VG SHALL BE GONE WITHOUT THE WRITTEN APPROVAL OF THE MARANA TOWN COUNCIL. iJ. PARCEL SUBJECT ro THE NLLOWING A E45EMEM FOR COMMUNICATKk! SYSTEMS AS RECORDED N! MISC. RECORDS, BOOK 103, PAGE 223. B. EASEMENTS iDR CORTARO-MAPAIIA IRRIGATION DISTRICT ro M4INTAIN CAN4L5 IN MISC. RECORDS. BOOK 107, PAGE 151. C. CORTARO'S WATER USER'S ASSOCMRON CONVEYANCE OF ALL VNOERGROUND WATERS AND IXEMP7KN45 PER BOOK 714 OF DEEDS, PAGE 445. D. ELECTRIC EASEMENT RECORDED IN DOCKET 1158, PACE 564 WITH PARML REfFASE RECORDED IN DOCKET 1124, PADE 277. E. RAILRdD SPUR TRICK RECORDm IN DOCKET 2481, PG. 83 AND DOCKET 4424, PG T39. F ELECTRIC EASEMENT RECORDED M DOCKET 4414, PG. TJB G. BUNKE7 EASEMENTS OVER A PORRON OF THE PROPERTY. RECORDED IN DOCKET 5841, PG. 877. N. ELECTRIC EASEMENTS RECORDED IN DOCKET 72925, PG. 4188. L ELECTRIC EASEMENT RECORDED IN DOCKET i.Hi2. PC. 7087. J. ELECTRC EASEMEM RECORDED M DOCKET 17748. PG. 7257. K. LICENSE AGREEMENT WRH THE TOWN OF M44ANA FOR IMPROVEMENTS Wi7T8N THE RIGHT-OF-WAY RECORDED IN DOCKET 77489, PG. 21. 14. ALL NEW UNURES AND ALL ENISRNG UTNIRES, IXCEPT ELECTRICAL TRANSMISSION UNR CARRYMG B8 KV OR MORE, WlfNIN OR CONiiCU0U5 ID THIS SRE SINLL BE PUCED UNOERGROUNO. 0 I Z F I V O BOOK 17 PG. 74 OF ROAD MAPS ~ ~ v N89'49'3UE , 274.78' ~--T--------_- I ~ FNO BCSM ,9i l o NW COR SEC 6 T,133.. R. iJE. I ~ 5' ELEC. ESMT. § I ^ / DKT. 12925/4788 `~i I Final Plat for LEE-MAR CENTER, LOTS 1 AND 2 DEDICATION WE, THE UNDERSIGNED, HEREBY WARRANT THAT WE ARE ALL AND THE ONLY PARRES IL4VINC ANY TRIE INTEREST IN THE LANG SHOWN ON 7X13 PUT, AND WE CONSENT TCl THE SUliDM510N OF 54K) UWD IN /HE MANNER SHOWN HEREON. WE THE UNDERSIGNED, OUR SUCCESSORS AND ASSIGNS, DO HEREBY SAVE THE TOWN OF MARANA ff5 SUCCESSORS AND ASSIGNS. THEIR EMPLOYEES, OFFlCERS, AND AGENTS HARMLESS FROM ANY AND ALL CWMS FOR DAMAGES REETED ro 1NE USE OF S4D UND NOW ANO IN THE FUNRE BY RUSON OF FLOODING. FLOWAGE EROSKJN. OR DAMAGE CAUSED BY WATER, WHETHER SURFACE FLOOD, OR RNNFALL IT 5 NRTHER UNDERSTOOD AND AGREED THAT NANHAL DRANAGE SFW.L NOT BE ALTERED, DISNRBED. OR OBSTRUCTED WRHOUT APPROVAL OF THE MARAN4 TOWN COUNCIL WE THE UNDERSIGNED, HEREB( ESTABLISH A MUTL414 NONIXCLUSkE INGRESS, EGRESS. UDUtt ACCESS. PARKING AND STORMWATER DRAINAGE fASEMENT M FAVOR OF THE CURREM ANO NNRE OWNERS OF EACH RESPECTNE LOT CREATED BY 1HLS PUT FOR THE BENEFlT OF THE CURREM AND NTVRE L07 OWNERS AND THEIR TENANTS, CUSTOMERS, INVITEES AND EMROYEES. 71ff TOWN OF MARAN4 HAS ACCEPTED A DEVELOPMENT PUN NR BOTH LOTS AND THE MUTUAL, NONIXCLUSNE EASEMENT SWM.L BE RI iNE LOCATION OF ALL AREAS OF THE LO73 THAT ARE USED FOR iNE PURPOSES OF INGRESS, EGRESS, UTNtt ACCESS, PARKING, AND STORMWATER ORMNACE. 7X15 PU7 IS SUBJECT TO THE CONDITK84G COVENANTS AND RESRNCiKiNS (PERMANENT SERNCE EASEMENT AND NON BARRIER AGREEMEM) RECORDED IN DOCKET AT PAGE BY.' MARLEE SAGUARO, LLC. J44I E SPEEDWAY BOULEVARD NCSON. ARIZONA 85718-3937 D1wD LEE DATE • PURSWNT TO A.R.S. SECTION 33-404(8) ME NAME AND ADDRESS OF THE BENE77CMRY OF TRUST gSCLO5E0 BY THE RECORDS OF THE TRUST IS: LNND k KATHY LEE AND STEVE Q JUDY MAR 7441E SPEEDWAY BOULEVARD NCSON, ARIZONA 85716-7937 Btt ,MEMBER STATE OF ARIZONA J se COUNTY Di %M4 ) ON THIS R4Y OF 2008, BEFORE ME PERSONALLY APPEARED WHO ACKNOWLEOCED HBASELF ro BE A MEMBER OF MARLEE 54GWR0, LL.C. AND BUNG WLY AUTHORIZED 50 TO D0, EXECUTED THE FOREGOING INSTMIMEM FOR THE PURPOSE THEREIN. MY COMMISSION EX%RES NOTARY PUBLC INA ROAD (PUBLIC STREET) N89'4B'JO"E 2767.45__ BASIS OF BURINCS- _ - ------- 209706' -- 589'49'30"W 205.02' e~ ADDITIONAL INA ROAD rv ' ~ RIGHT-OF-WAY DEDICATED BY OKT. 13155, PG. 1526. \ N'~ l°a l 826 ,,. N8648'30'E 205.02 v, LEGEND BCSM BRA55 CAPPED IN CONCRETE, SURVEY MONUMENT ~ FOUND SURVEY MONUMENT AS NOTED. O $ET 7/Z' IRON PIN, TAGGED 15 J32J3' • NUND PK NAK, TAGGED 15 J51J5' O FOI/ND 1/2' BAR, TAGGED 15 J52J5' SUBDMS/ON B0UN0M1' PROPERTY UNE / MGHT-OF-WAY ------ EASEMENT ----- BUKD/NC SETBACK LINE CERTIFICATION OF SURVEY 1 HEREBY CERRFY RWT THE BOUNDIRY AS SHOWN ON THIS PUT WAS PERFORMED UNDER MY DIRECTION AND THAT ALL IXISRNG OR PROPOSED SURVEY MONUMENTS AND MARKERS SHOWN ARE CORRECTLY DESCRIBED. 1 NRTHER CERDFY THAT THIS PUT WAS PREPARED UNDER W DIRECTION. \"~ ,,SS,~.x~PL LAND \~ STAN G. FARTS R.L.S °~C ARIZONA REGISTRARON N0. 35233 s /2OP'P V.S P. ~~_.. Ergree OB-30-OB O a FND BCSM - 0 40 80 57/4 COR SEC 3I I 7.123., R.17E. SCALE: f'=40' u-` ".Z S~NBP49'30'E ELECTRIC ESMT i ~{~ --- r-- ~---_ -- - - __ - 41 17.34' OKT. 13479/3257 ti, r I ~ R ~ ' 20' P/T. SEWER ESMT. 1 , i~77 I \ nnn I 10~ ELEC. ESMT. i ~ 11 I 10' ELEC. ESMT. OKT. 13222/1255 I I DKi. 12923/4188 I N OKT IZBZS/4188 I ° F.-36 TONING ^' i 1 NI I `~ i i i i I LOT ~ \ "~ L0T2 I i i F VC Z(?NMG MIXEf3 USE ~ I ` ` ' }u 284 el ~` ~` ' i 53.760 aT ~~ ~~ j I 28 ' ' ~ ELEG`TKIC TOWEP, SU&Ei CAf10N CGM'AERf.'IAL6 RE310EN1TAL ~ , , i '~ ` '~ i I I ,~ -- ' 101-C33W0K ° tO1-05-00!30 `,~ °„ 10 ELEC. ESMT I { ~ 1 I ` ' ° ~ i OKT. 77412/3097 ' ~______i`,~ 38.48' ~ ~' ~ I I y ' ' c -- -- ___ ~ _.~-- + 20' 20 I BUILDING SETBACK ' i t. ` i i I LINE i ' 4` `` ~ m ' J I ° ~Y L__-_ ___-_-~ -------+ -~ ~ ``-~ $_--- ---_-- ~ o 2J~ Regular Council Meeting - 17 328. " UG. 7,GN1NG V(' 7(1NtNF FI Et;TR(T; FCXNER "iUf3".FI'ATI0N ~ TIi",C(RIC PL}W"Y `~t/F3.`iTAiI0N I t)! -05-0O5F' LEE-MAR CENTER, LOTS 1 AND 2 AParrnaxaFOOVeearvrwr4,eECrroN4 r.IaW,lEda~. B {aBM, ioxa7DEauRANA PAWA cOIRTTf;ANQOMt nPR-o7olo PRV-09O3OF CL JOB NO. 09006 JULY 2009 -SCALE: 1"=40' C~YS DEL DESiE - 9K,IS.PG.N ~.6,s oE~ oE6tE ,P SECTION 31 ~ nzs, R13E ~ ?' CT N 36 •~ I zs BtzE Me ~ couN .` P I~ ~~f 3i R12E o VAN I 9N, w IMWYM I y THIS PROJECT I LOCATION MAP LOT 4, SECTION 6, i 13 S, R IJ E, GASRM. TOWN OF MARANA, PIMA COUNTY, A%ZON4 J"-i MILE TOWN OF MARANAACCEPTANCE - Bx. ~fO. VG. 56-I ~ , ~~~~ -t---- I IT.J// `/t TOWN ~ MARANA TOWN ENGINEER/SUBOMSION EIM.INEER, P.E. WTE TOWN OF MARANA PUNNING OIRECTCM, A.I.CA. DATE 1, CLERR OF 1FIE TOWN OF MARANA, HEREBY CERTBY THAT 7X13 PUT WAS APPROVED BY THE MAYOR AND COI/NCIL OF THE TOWN OF MARAWI ON THE _ DAY OF _~ Z008. MARANA roWN CIERK DATE PIMA COUNTYACCEPTANCE %M4 COUNTY REGIONAL WASTEWATER RECLAMARON DEPARTMENT DATE WATER ADEQUACY iH5 SUBDMSKM/ LIES MY7HIN AN AREA DESIGNATED AS HAwNG AN ASSURED WATER SUPPLY. ImLltt wlTECroR - rowN of MMMN DArE RECORDING DATA: STATE OF ARIZONA )) an N0. COUNtt OF %MA ) FEE FlLED FOR RECORD AT THE REQUEST OF DN THIS DAY OF __ , 2008, AT HJ BOOK _ OF MAPS AND PUTS AT PACE THEREOF. WRNESS MY NAND AND OFFICIAL SEAL, THE RAY AND YFM ABOVE AS WRITTEN. F ANN RODRIGUEZ OEPUtt COUNTY RECORDER Final Plat for W a a Y O O m BOOK, PAGE 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, September 15, 2009, 7:00:00 PM To: Mayor and Council From: Lisa Shafer ,Assistant Planning Director Strategic Plan Focus Area: Commerce, Community Building Strategic Plan Focus Area -Additional Information: Item C 6 Approval of this plat will support and promote the Town of Marana's initiative for a central business district and downtown projects to attract and retain commerce and promote the development of healthcare facilities. Subject: Resolution No. 2009-150: Relating to Development; approving and authorizing a final plat for the Marana Health Center Discussion: Request The applicant requests final plat approval for anine-lot commercial subdivision on an approximately 26.3 acre site within Marana's downtown area. Location The subject property is located on the west side of Marana Main Street and Civic Center Drive and north of Barnett Road. Zoning Information The zoning for the site is "F" (Specific Plan -Rancho Marana West) with a land use designation of TC (Town Core). The "Town Core" land use designation allows offices of a professional, semi- professional, medical, dental, business, sales, counseling and consulting nature and similar uses requiring an indoor office. Transportation and Access There will be two access points into the site: one on the east side of the site off of Civic Center Drive and the other off a new public roadway Bill Gaudette Drive located on the north part of the site which extends west to Sandario Road. Once this final plat has been approved, all necessary right-of--way will have been dedicated to the Town for the construction of this new public road. Development Plan A development for Phase I of the Marana Health Center Complex was administratively approved on May 29, 2009. Phase I is located on Lot 1 and will contain the new Marana Health Center clinic. This phase of development is currently underway. ATTACHMENTS: Regular Council Meeting -September 15, 2009 -Page 37 of 224 'Name: Description:. Type: ^ Resol ution 2009-XX Marana _ Health Center FP.doc Resolution Resolution ^ PRV-08080 Marana Health Cntr_FP Application. _df - P Application Backup Material ^ PRV-08080 Marana Health Location Map Backup Material Cntr FP Location Mao~odf Ma ^ PRV-08080 rana H e a lth ._ . ._ . ... ... Cntr FP.pdf , Final Plat Backup Material Staff Recommendation: Staff recommends approval of the final plat for Marana Health Center. Staff has reviewed the application for compliance with the Marana Land Development Code and the Marana General Plan. This final plat is in conformance with all required development regulations and conditions of zoning. Suggested Motion: I move to approve Resolution No. 2009-150, approving a final plat for Marana Health Center. Regular Council Meeting -September 15, 2009 -Page 38 of 224 MARANA RESOLUTION N0.2009-150 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A FINAL PLAT FOR THE MARANA HEALTH CENTER WHEREAS on February 6, 1990 the Town Council adopted Ordinance No. 90.04 which established the Rancho Marana Specific Plan; and WHEREAS the Rancho Marana Specific Plan was amended on June 17, 2008 by Ordinance No. 2008.14 to designate ninety-nine acres of the specific plan as TC (Town Core) land use designation, the area which encompasses this plat; and WHEREAS, the applicant, The WLB Group, Inc. on behalf of the owner Marana Health Center Inc., has applied to the Town of Marana for approval of a final plat for anine-lot commercial subdivision on approximately 26.3 acres, including lots 1 through 9 and common areas "A" and "B," and is generally located on the west side of Marana Main Street and Civic Center Drive and north of Barnett Road; and WHEREAS, the Marana Town Council, at their regular meeting on September 15, 2009, determined that the Marana Health Center. final plat should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Marana Health Center final plat is hereby approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 15~' day of September, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -September 15, 2009 -Page 39 of 224 ~l ~~~r `/~( ! l ~~f! 1 PLANNING & ENGINEERING APPLICATION 1 ><. TYP`E OF APPLICATION CheckQne ^ Preliminary Plat Q Firiat Plat ^ General Plan Amendment ^Variance ^ Development Plan ^ SWPFP ^ Landscape Plan ^ Native Plant Permit ^ Specific Plan Amendment ^ Conditional Use Permit ^ RezanelSpecific Plan ^ Annexation ^ Significant Land Use Change ^ Minor Land Division ^ Water Plan ^ Improvement Plan (rs~eeifv type in Descn,,;gtion of Pro~iect box*} ^ Other 2. GENERAL DATA UiRED Assessor's Parcel General Plan Designation Numbe s To be confirmed h sta Gross Area {AcreJSq. Ft.} 26.3 a~reS Cuzrent Zoning To be confirmed b DeveIaprnent(Projeet Name Martina Health Center Complex Proposed Zoning Project Location Portion of NW Quarter of Section 27, Township 11 S, Range 11 E Description of l?raject* Commercial C?evelapment - Phase I nevetapment Property Owner Martina Health Center Street Address 13644 N. Sandario Rand City State Zip Cade Phone Number Fax Number E-Mail Address Martina AZ 85653 682-4560 Contact Person Phone Number ! E-mail Clarence Vatne 682-4560 Applicant The WL8 Group, lnG. Street Address 4444 fast Broadway Boulevard City State Zip Code Phone Number Fax. Number E-Mail Address Tucson AZ 85711 8$1-7480 889-7492 ahaslem@wltxxlraup.c:am Contact Person Andie Haslem Phone Number I E-mail 889-7480 /ahaslem@wlbgroup.com AgentiRepresentative Street Address City State Zip Code Phone Number Fax Number E-Mail Address Contact Person Town. of Martina Business LieenSe Na. 3. AUTHORIZATION OFPR OPERTY OWNER I, the undersigned, certify that all o€ the facts set Earth in this application are true to the best o€my knowledge and that I am either the owner of the property or that I have been authorized in writing by the owner to file this application. and eheckltst. {If not owner of record, at#ac#~ written nnt~riaation from the owner.} ~' ~~, ~ , ~ ~` _ ~ - ~ '' ~i~+~,~~ ~~ ~ L 1 r t f j yam' f"~~ {'`~J 'JJf/ ~fj jf~ j~3 -.ems(-~~G~~~J~.G'[.1,~.'.1.._ ~` ~~ ~~r ~/ ~ `/ ~" ~7 K ent _ S; a Date Print Name of 11555 W. Civic Center Drive, Bldg. A2•Marana, AZ 85653-7003~Telephone (520) 382-2600^Fax (520) 382-2641 aril i ar .ro inn as inn _ , en am ar _ aria n ~ ''`~ `.~ ~ Q ~,,, ' Marano Health ~ Center Final Plat ~~~,~/~ ~,-~~~ ~~.~` ~ ~ CASE PRV-oBOSo TC~Va'fV GF ta1:~f~AC~i~, i ' , ~~~ r :~. o ~`` ~ . Z ~' ~~~ rn ~ ~ '`, ~ ~ ~ ~ ~., ~, __ V .. y.T Z _... __ . 1 W GRIEi2 RD ~ _ - ~~ .. . _; _' ~ ~: _ . s - -. !Q ~ . ~~ . . ....,. z _. .. E~ g _ .. Bill Gaude a Dr _ cn f~. d ,~Z ~ _ ._~ ' ! n1'j rCjt L I : _ '~ .. G J~~~ G~ ~ ~ G IX. ~ .. ... 4'+ : < _ a:- _ _ Z ~. - . ~ ~ ~_ ;4' BNRNET(.RD I Subject Property R-eC~ueSt 0 d50 900 ft. A request for final plat approval for arsine-lot commercial subdivision on 26.3 acres. Data Disdakner. The Town of Morena provides thia map infannation'As is' at the request of the user with the understanding tltat is not guaranteed to be accurate, corrector oompiete and corx9usiohs drawn from such information are the responsibility of the user, In no event shall The Town of Morena become Iiabte to users of these data, or any other party, for arty Wss a duets, insfired, sp~iai,incidental or tronsequendal damages, irrcfuding but not fimNed to time, money or goodwitl, arising from the Regular Council Meeting -September 15, 2009 -Page 41 of 224 GENERAL NOTES i, THE GROSS AREA ~ ME SUBDIwS'ON IS 1.146,891 SOFT /26.J3 ACRCS. 2. ME ZONMC FOR INS PARCEL 15 "F" SPEGfiC PLAN RANCHO MARANA HEST; THE LAND USE OEpCNADQV 15 7C'. 3, THE TOTAL NUMBER OF LOTS IS 9. e, iNE iOTM LENCM OF NEW PUBLIC STREET IS 0.15 MICES. (BILL GAUOETTE DRIVE). I 5. THE MAXIMUM ALLOWABLE BUILDING HEIGHT IS 60 FEET, PER IHE RANCHO MARANA WEST I TOWTI CENTER SPECIFIC ALAN AMENDMENT. I 6. ME LOi SIZE AN"RACE IS 18,1]0 S0. FT THERE IS NO REQUIRED MMRMUM LOT SIZE I I Z. ALC NfW VDLIRES ANO ALL EXISRNC UDLITIES EXCEPT ELECTRICAL TRANSMISSION LINES I I I CARRYING 68 Kv OR MORE WMIN OR CONRGUOUS TO THIS SIZE SIIALC eE PLACED UNDERGROUND. I 8. MIS 9UBOINpON lS LOCATED WITMN THE i014N OF MARANA WATER SERNCE AREA NNICN I A5 OCCN OC90NATC0 AG I/ANNO AN ADOURCD WATER ATPPLY VNOER A.R.S. SEC.f5-576 9. BASiS OF BEARMC: THE LINE BETNEEN iNE FOUND BOSM WEST OUARIER (WI/4) AND THE I FOUND BDSM CfHTER CORNER OF SECDCN 1], SAN BEAHMG BEING 589'18'55"W. I 10. NO FURTHER LOT SPCliBNG SNALC BE DdJE ViMOUi THE WRITTEN APPROVAL CIF ME 1 I L1h '. ARANA TOWN LIXINGL. II. IHE AREA BETWEEN 100-YR FL000 LIMITS REPRESENTS AN AREA RIAI MAY BE Y : I Y W SUBJECT TO TLOODMG FROM A 100-YR FREQUENCY FLOOD AND ALL LAND IN MIS AREA WILL BE RESTRICIEO TO USES THAT ARE CpAPAT18LE INN FLOODPLAIN MANAGEMENT AS APPROVED BY ME FL0001'LAIN ADMIM$MA70R. N I E R LY CORD SHA L CERTIFY AS TO MF FORM LME 12. IHE PFCVFESSIONAL E GN E RE 1 ANO FUNCDdv OF ALL PUBLIC AND PRI ATE ROAD AYS ANO DRAINAGE STRUCTURES. / 1J A OF,VECOPMENT PLAN FOR EACH LOI MUS1'BE SUBMITTED FOR ,PEwEW AND ADMReS1RAiIVELY APPROVED BEFORE ISSUANCE a< BMLOMG PERMTS. 14. MSTALLADON OF ITEMS SUCH AS LANDSCAPE, lRRICATION. SICNAGE MONUMENTS WALLS LI~N~AACRE~bE~OyEMENTS IN ME PUBLIC MCL/t-bF-WAY SHALL REdIME A PERPETUAL FOR INSTALLATION MAINTENANCE ANO MOEMN/fNADON M!S DOCUMENT I , . SHALL BE EXECUTED AND RECORDED PRIOR TO ANY IfLAN APPFOMMS ALLONING INSIALLADONS I i nilHlN iNE PUBLIC RIGHT-OF-WAY. 15. BVILOING SETBACKS FRONT 0 FEET,' SIOE AND REAR ARE 0 FfEt IF ME BUILDING HAS I FRONTAGE ALONG A SMEET PROw0E0 NINIMUM BUILdNG CUES ARE MET A MIMMUM 25-FOOT LANDSCAPE SE7BA CK I$ REOMREO ALONG EXISDNC RESNENDAL PROPERTY LINES BY MARANA ~ ORdNACE 2008.14 AS RECLAPDEO AT OKi.13JJ2, PG562. I 16. FUTURE WATER EASEMENTS MUST BE GOMPLE/ED PRIOR TG GPNSIRUCDON I Il. IHE LOCARON OF ML WATER METERS FOR LOTS J AND 4 WILL BE CONINNEU MIH 1NE I 30' MCRES$/EGPESS WATER ANO UDlliv EASEMENT SHOWN QN THIS PLAT I I 18. ALC ACCESS PONTS SHALL BE SUBJECT i0 CURRENT TOWN OF MARANA ACCESS CRITERIA Al THE DNE d" DEVELOPMENT PLAN 3UPMITTM. I 19. AN ANCADON EASEMENT HAS BEEN RECORDED DN THIS PROPERTY. MIS PROPERTY I$ IN THE I AIRPORT INFLUENCE AREA FOR IHE MARANA RE pONAL AIRPQPT AND IS SUB Ci TO AMCRAF> N015[ AND AIRCRAFT OlE'RfLICHTS ANGADCW EASEMENT RECORDED AT DKT. PG.~/8 I 1 TOWN OF MARANA ACCEPTANCE II P.E. _.. ~ ~ _.. MARANA TOWN SUBDINSION ENCMEER DATE _ ~ A.I.C.P. MARANA PLANNING DIRECTOR GATE CLERK OF THE TOWN OF MARANA HEREBY CERTIFY THAT INS PLAT WAS APPROVEU BY ME TOWT/ AND COUNCD OF DIE lONM OF MARANA. OI4 IHE _ DAY OF ~J, 2009. TOWN LERK DATE "' WATER ADEQUACY MI5 DEVELOPMENT LIES MMIN AN AREA DESIGNATED A$ HANNG AN ASSlMEO WATER SUPPLY By D - N44 O MA ANA DATE RECORDING STA iF CY" ARIZONA) FEE )SS COUNTY d' P/MA 1 NO THIS PLAT WAS FttED FOP RECORD AT ME REQUEST Q' ME NLB CROUP, MC.. 'ON MIS ____OAY OF_______, 2009 Ai _____.M. IN BOOK ____ OF MAPS'AND PLA IS AT PAGF ____. F. aNN R00PlGUEZ PWA COUNTY RECORDER BY: , TJEFUTY MA1A CWN1Y RECA~OEF ) 1I LOi 7 - f _ -. _.-.. . LOT g , , I I 1 1 \~I'iLO. r,~PS; f~ B '4~ LOT 3 ~j •~// _._.. _._.J ~ LoT s ~ , -1 ! I COMMON AREA "A~ 1 ,~ (PUBLIC ACCESS PARIfMC k UIRIAES) )/ / ~tl LOT 9 I 8 I.OT 6 ~g I ---- - _ ._.----- - LL ~_. BARNETT ROAD ROAU MAPS BK.IA, PG.21 ®SITE PLAN SCALE: I' ~ SD' TO.P SUR4EYE9LFMW1r,Ji iKAY PIMA COUNTY APPROVAL: ~~~`d~-'- --' Lc G Pn Le1J P.E~ hf~lA - LMTY REGb.Net W+t4']B- AVIV( RECLAHATOIV /XPA.TFLTiN LOI 1 LDT 2 COMMON ARFA "A" (PUBLIC ACCESS, PAPIfWG A UMIAES) OON Vie! LOT SUMMARY COT g Srt. Ft./ApEEAGE LOT I T4,9]B / 1.11 Lor z ra.17o / o.u Lor J LOi 4 sz, ]4e / 1.21 !9,090 / 0.44 Lor S 21,16] / 449 LOi 6 19,799 / 0.45 LOT j 26,918 / 0.62 COT B LOT 9 Z3.2BT / 0.59 53,799 / 1.24 C.A. 'A" ]19.300 / 16.52 PUBLN ACCESS/PARKMG AREA GA. "B" DRAMACE 68.9J1 / 2.01 WAY RILFIT OF WAY 28.4J8 / 0.61 BIL( GAUDETTE OR. TOTAL I,I46,E91 / 2G.JJ SHEET INDEX SHfEi 1 COVER SHEET SHEET 2 SNEEi J P(AN NEW PLAN NEW CERTIFICATION CERTIFICATION I HEREBY CERDfY THAT TF95 PLAT REPRESENTS A SURVEY MADE BY ME OR UNDER MY SIAPERNpCW AND THAT ALL~L- I HEREBY LERIIFY THAT MIS PLAT WAS PREPARED UNDER MY OIREGDON AND 80UNDARY MONUMENTS INDICATED HEREIN ACTUALLY EXIy, '' MAT ANY 100-YEN FL 000 PLAN Uul iS ~ EROSION HAZARD SETBALY(S NOTED AND THEIR COCA RON, SIZE ANlO MA /ER/AI C R C~pY /_ SHOWN ~ / i)!/ W£RE RENEWED AND SHOWN I~Vp MY dR DOV. + / ~ ~ ~ ~~ n~z I /1 ~r910u JA IA. GHANAN, .C.S. N .12114 ` & x.wme MIH I ~0. ~~._% ` ... ~ 4 ~ uR4`aW,,,, ~.H, mIW4.mem. PAG Esrts DORxr -`~- AuvA T~Ta a 1cwRT. ~, & pct g4 eBt ~ ~~ $ THIS PROJECT - =-~-~T,~ j~69MFAISU~°R~^F Q ® ~RNKT~~-- K _ ~ -.__-waPe=mil1_ H~H LOCATION MAP SECRON 2], TONN$MP I1 SOVM RANGE 11 EAST, CIU k SALT RIIER NERIbIAN, DEDICATION TOWN OF MARANA, PIMA COUNTY, ARIZONA Tl4E VNDERSICNED, HEREBY WARRANT THAT NE ARE ALC ANO iNE DN(Y PARRES ANNO NY H A RILE MIERf i M 711E LANDSYOWN ON 5 PLAT AN S iYN D ME CONSENT TO IHE SV8dN90N OF SMO LANG M THE MANNER SHOWN HEREON. NE, ME UNDERSICNEO. OUR SUCCESSORS AND ASSIGNS BO HEREBY SA V£ ME TONN OF MARANA ITS SUCCESSORS AND ASSIGNS, THEM EMPLOYEES OFFICERS, AND ACEN lS HARMLESS FROM ANY ANO ALL CLA/MS FOR DAMAGES RELATED TO THE VSE OF SAN (ANDS NOW AND IN DIE FUNRE BY REASON ~ FLOODMG FLOWAGE EROSION, OR DAMAGE CAUSED 9Y WATER IW/ETNER SURFACE FLODO OR RAINFALL. IT IS FURTHER UNDERSTOOD ANb AGREED THAI NAlVRM ORMNACE SHALL NOT BE ALTERED, DISiUABEO, OR OBSTRVCRT) WITINXAT THE WT41T1EN gPPRO AL OF ME MARANA TOWN LWNCII. WE HEREBY DEDICA IE AND CONVEY 7O TNF TOWN OF MARANA ALL PUBLIC RIGHTS-OF-WAY AS S/IONN HEREON. NE HEREBY GRANT TO ME TOWN aF MARANA ANO ALL UMIrv PROVNERS PUBLIC OR PRIVATE THE PRTYAIE SEVERS AND/OR UALITY EASEMENT SHONN HEREON FOR THE PUFPOSE OF ACCESS, MSTALLADON AND MAINTENANCE OF PUBLC AND PRIVATE SEVERS, UMIDES OR OTHER USES AS OES/NATED HEREON N aS50Ga DON OF MdwWAt LOT ONMERS HAS BEEN CSTABLI$HED BY MC RECORO'NO OF THE OECLARA DCM ~ COVENANI5, LTXVd IICMS RES ]RICAONS AND EASEMENTS FOR MARANA TOWN CENTER M DOCKET AT PAGE_ IN THE OFFlCE OF THE PWA COUNTY RECORDER, PIMA COUNTY, ARIZONA TO PRONDE FOR IHE CCW IRd, MANTENANCE SAFETY, AND LIABILITY OF ALL PRl VAR' UDLIDES. DRAINAGE FACRIDES AND AREAS OF COMMOn USEAGE. DA 1E MMANA HEM M CENTER MC AN AR120NA NON-PROFIT CORP. 13644 NORM SANOARIO WO TUCSON. AZ BSBSJ-BS]9 STATE OF ARIZONA) )SS COUNTY OF PIMA ) .~(p CN 7}95 THE _ OAY O` T00g ,BEFORE ME, TIE IMOERSIGNED PERSONALLY APPEARED WHO ACKNOWlE0GE0 SELF TO BF. AUM441ZED 90 i0 DO, EXECUIEO Mf fORCOINC /NSTRVMENT FOP DIE ~PO$E TNERfM CONTAINED. MY COMMIS51(w EXPIRES rvOIARY PUBLIC LEGEND SUBdNSION BOUNDARY - - - - RIGHT OF WAY lME LOT LINE - - - CENTER LINE -- - - -- EASEMENT LINE -~------ SEC DLM LME O MO/CA 25 5 IRON PM TO BC SET AND fAGGE BY AN REGISTERED LAND SURVEYOR MOICATES FOUND BRASS DISK SURVEY is MONUMENT STAMPED AS NOTED Q MOICATE$ BRASS d5K SURVEY MONUMENT ro BE SEi BY AN REpSIEREO (AND SURKYOR MDICAIES SECDON CORNER LOT 2 LOT NUMBER ACCESS POINTS IO PROPERTY FINAL PLAT FOR MARANA HEALTH CENTER LOTS 1 THRU 9 AND COMMON AREA A 8c B F30ND A PORIigV OF THE NORTNWESf CNE WARidt (NW 1/A) PRY-OBDSOF OF gC710N 27, T.i1S R.itE. RELAIFD CASE UPR-08081 GRA k SALT PoNER MERIDIAN, TOWN rK MARANA PIMA COUNTY, ARIZONA SCALE i"m.50' wLB .TDB No. 1BeBOOK ~~ APRIE 2PAGE SHEET 1 OF 3 Regular ti 12 16 2 XWxD WSN M. CORxER sECnax z] I I ~ I I ~ I I I I ( ~ I I I I ~I° I fdt T r 0 ~ I I p ~s ~ _ 0<GItANiW Br .4I I I ~ - ~ I ~ I NB9Y8'S6"E I I 1J 15 ' ' ~ I ~ I .. 4 N89'IB 96 E I iJJ.7B' ~ I I ~ I I 100' x.A E. 10 flE Ax Br lxis FIAT I I I 1 ~l !; n . I "~ ( W?r I a~ p 4a ~ I ~ ya s~_ g ~ ... ~ a N I Z~~ 7 Oml 53.)99 34 FI. &„1 a I I ~ o Lzl Ac. U z=lam I N< ~ rcl~ iWNO Su I I W. 1 1 w' 30' sECn W v I ~~ ~ .5v9, 0_Y TA Dx~T e>I~, cc le I I` . .. ~.. ... I 580'18'56"W as.zl zm.es 282 5 ~. ~ : . 1 ~-_ _~ - _ _ _ _ _ _ _ _. _ COMMON AREA "A" (PIRIIC ACCESS, PARNIN6 A Untl Tl[S) ]19.tW k it. 1651 AC. P SEE SHEET 3 ` $.. LOT d ~~xls_1_u~{Lr [aAl. _H=l/5, 19,096 Sp. ft. M ~ SEF. OFIAiI 'A' BELOW l-bI.Ifi4 O.H AG ~ FWND BDSU o-0J'S278" ~q ~~~6F N.f. I/1 CDRxW < QQ'O SECnON 2) .l4P~'. /P~~ ~~: ~ryh ~y ~ °~ / a GCrot. ` ~ I LOT 5 ~` b 11,187 $9, rl. 0.19 AC. I `~ 5 JIW' I I I ffi a P ~d I IP I ~~ / ~I ~'i / ~Ih 584VA'JB'E R ~'I~ IDaoD / I 118 I ._ s•. . ~•.._ I 66 I 1 1 LOT 6 19,199 SR. rl. > 0.15 AC. ' :, I O) ~"~ a I I ~I: I UI m `3 ~ l i I <I ~ I 589Yt'JB'W ] rWXp BDSA =I IaDW . 1 1 caNUN o l o SECnW 1) I A I ~H.9] .. « - - V - _ _ 2 '11'1- - _ S99'1854'w I33(f6J A ~ - . ._ _ _ i' 1 _ _ _ _ _ V - ROAD MAPS FlK.14, PG.21 - Bg1NONiY{INE TABLE BWNDART-CURVE TNiIE LINE LENCiH 6EW NG RVE LENOIH RADIUS DELTA iAxOENi BL9 411,33 '26'487: BCI iJ].BS' 2000.W' S'OS' 66.9] BL2 78.18 6C2 177.81' S 66.97 6L1 31.W •i " BC3 17. 41SOD' 2T9'd" 9.00 BU 1Jd.88 OC4 331.51' IIS00' 1 "b'S9' 1]3.01 Bl5 476.78 N11 BCS 9J. 00' BSY9'N' 55.02 BLfi 216.90 _ NDO'S772'w BC6 tJi.JB' J4S 1'04' 19].15 BL7 4N.# W N 6'I6'E BC7 180.5]' 1. 90.35 d6 5618 N89 'd' BC8 _175.06' I 900' Y9" 67.58 BC9 .6' 250D' 87'10' t1.Di ~~z~~°`~~~d"~a (~ 0' 50' 100' 150' 43 of 224i5pj em T>":ro'~,"' as, LoT 4 ~~, ~ %~ OQ-ry~0 '~\~ G ~ QJ ,~ py_ l <, J / '1 DETAl4 A :'~ i $CPLE I =2C } 1)'xl)' C%ISt PLFq,It ViII.i_i'_..__ :\ E9A7. DAr i24s9. P¢aa69 :w, ~~. FINAL PLAT FOR MARANA HEALTH CENTER LOT5 1 THRU 9 AND COMMON ARfiA A & B t[1NO A PIX2TION d' TfIE NORTIIREST d1E WARTER (NW 114) PRV-O8090F OF SECTION Z7, 7.115. R.11E. RELATED CARE DPR-08081 dlA ! 8ALT RIVER MERIdAN, TOYWf OE MARANA P6AA CWNTY, ARI2CNA SCAIE 1'mS0' xLe_ YDa No. 18BOda-N003-ma6 APRR. z4, zoos SREET 2 OF 3 BOOK PAGE Regular 9 22 IB 2 FOUND BDBM N.W. COANFR SECTION 2] 1 ~ ~~ I X .gam 1~ I X Y I I BY ptS I i 3 I ~I I I I I ^I 1 S°I n lom,~ I D I <~I n ~a18 slx I I I I I I ~ ~ JLao n PuBLic R To ~ I I ', ~ d01CAn0 BY RIIS PUi I j j NR9'I8'48"E ' I _ ~ ~~ i I 1 I 4500 'r RM 70 ~ - T N R i0 BE 10 BY RlS ~ 1 I ~x in rc cri PARR I ~' RLS N4URE R BT Sp~ANA1E 1 i xi i N RY RL9 - _ _ I '- 1 ' I I BY RLS i ii11pp11 1)~oSTPG. 3',•L"z 3100' % PDBLIG R/W i0 d I d'61CAn0 BY R116 PUi INS M1 E BY RLS piR. 3}}ey PG IV_4 __-~ - L j I 3'12'E "" _ 111 _ Btll CAUDETTE DRIVE ' ' 02 _ 3).00' PR YA TO BE fAANRD E9NT N83 3715 E 1 g'. f .. . BY TNI PUT I pURL6C STREE ' ( ) 8513' BC6 ~8 N~ 1 1 PoS J7400 -_ .. NO W _ 4,40_-57__ _ _____ 30.00 Z.BO.t ~f y_ - -11.M_.__._BC/~~ L= ___ _ _ _ ~9 _._ -- . - .._ -_ ~ I \` 1\ - _ $ - -156.46' - .rT ~__ t=1 6.i4 ~ -~-~' . __ - "' - 50658'30' - L=13.83 ~ y.w eUBLIC PfOCSTPIax 1 \ \ I . ". 61 I~ N n0'00'W BY MIS MI /I VICT PRIVA E Pfdlf ESNs/ J I 1 1 I .. ~. I N8924'41'E I tdD-' I E qlT 1]469 PG 350] \ \ 1 \ 1 1 ~- f ~'^. 96 41 NAINIENANGE k SICNAGE EASEMENT GRANTED BY RIIS PIAi I rc LOT 1 . YE DETAIL'A' Rldli 1 1 , . -. I . I w I I n x ]4,9)6 SR rL i.)2 AG ~ \ 1 ` 1 ` \ OT 2 400 ~ ~ Ex7Si Pl IC UTILITY [SNi / ,1\ T L I ^ 18,1)0 $q. fl. °~ 042 AG I I $ MCW PUBLIC .M' INCNCSS CPES6 pBT. 12469. PG. J680 SEE DETAIL 'A' R101i \I ~ \4 4 \ \ r< ^ ^ I R _m ' ~_ I I „~ ANO URLRIiYAE $NENT~ GRANTED BY 1X15 PLAT I LI4 I I rtl6 ^ 16.41 3 g M a' 'g, \ \ ~ \ \ \ 459000' I ,I ~s. \ I I _ I ~S .CP \\ I c $ I I I I ` ~ I I ~ ~I I R: I I I I I ~:. I S89'I4'43'W ...1)9.91'.... N 6 I ~8) 18 i I I I .. PR VA - RA NAGE I ESM7. TO BE GRANIIO .DO' N.A.. LOB BY iN16 PUT ~TR:OBY iNIS I I '~ m ~^ I. I I W <LL I m: I a~x: I I i`~" I Iz° I i~ I I 6.OD T ORi. 1 JO JO' I I.......I ~...... I I I wa3xD aoa 1~ 9icnd+ n .w.. v~o. a.<+ [. elexof ea. -=stP n: e~=11 mI I y9 d. d e'~~,°W} ' ~ I , I I`io i I I I ~ I _I rI NEW PUBLIC .)0' INCPE66/TlRES' WCR ~ S , WATER. PRIVATE SE r I Tr EASE µ T I I ~ C u+ir O n L24 u! I i.._ _ _ Lnl ~r - I JI..,..__ - _. _... _ ........ - - _ _.. _.... _. S9 _ _.. .._ - _ _ ._. _ _ _ _, I I I NEw PUBEIG Jl1'INCREn/EGRESS I I5 wA1ER PRIVATE SEVER, I AND UTILTT EASEMENT GRANTED DY 1NIS PUi Im I )MMON AREA "A" Acorn. PARRdc R ununrs) j I 119,500 51. rl. ,6 32 AC l . . LI ;~ ` _ / c ~ ; 'L ~] , \ 0' S0' 100' 1 ~ \'} 's. \ ~ ~~~f \ \ Alit 1 ~~ R I ~~ ~~g ~ i ,1~ $; p p' s -0 °''~S. fi 60.r ~y1 DETAIL A SC)dF. i =30 ~ r ~.~ ~ R153]400 ~) R \ ~"y, 6' "y ~~~s. ,~ v; / 52]WTSg3f1. r~ 1.21 AG VST ASP as~g '7ej 8 8 ~9.+ ~?' ~g>tl' / / R i l," / RY RlS 4kr"% yR ry c i _ ,j ~~~ `fie' / ~ I ~liSIiY~F.9L41fC. _~~~ ~ ~ 0 +~:~ / /' R.Its.oD' at MDR+ YAmES ~ ~~^' LavO]'6228• OXi.12469. PG.3501 / ~/Y" dti.12469, PC.356 sEE sNEET 2 ' , ~ i ~// FINAL PLAT FOR ` MARANA HEALTH CENTER =~µ ' LOTS 1 THRU 9 AND COMMON AREA A & H BEING A PORT1oN OF iNE NdRMAEB'T ONE WARiQi (Nw i/Q PRV"os080f Oi SECTION 27, T.115. R.iEE 1ED CASE DPR-08081 OU k SALT MVFIt ME19dAN, TORN OF MARANA. ,me`w~Vii'r'~lS.`:O1wv PNAA COUNtt, ARRONA SCAIE 1'80' WLB JOB NO. 198048-NW3-0108 APPoL 20. 2009 SHEET ~ OP 3 RnnK _ PAGE _ - 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, September 15, 2009, 7:00:00 PM To: Mayor and Council From: Erik Montague ,Finance Director Strategic Plan Focus Area: Commerce Item C 7 Subject: Ordinance No. 2009.19: Relating to the Privilege License Tax; adopting "the 2009 Amendments to the Tax Code of the Town of Marana" by reference; establishing an effective date; providing for severability and providing penalties for violations Discussion: The League of Arizona Cities and Towns has forwarded the 2009 amendments to the Model Cities Tax Code for the Town of Marana. The amendments are housekeeping items, that when adopted, will bring the Town Tax Code into conformance with State law, clarify contracting privilege tax exclusions related to development fees, include exemptions for solar energy devices from the rental of tangible personal property and remove the residency documentation requirement for out-of state sales. Following each legislative session Arizona cities and towns, through the Unified Audit Committee (LTAC), reviews new state laws to determine areas of the Model City Tax Code that require adjustment to maintain conformity with state law. As the UAC prepares and approves tax code changes they are forwarded to the business community for comment, and then to the Municipal Tax Code Commission for final approval before presenting them to town councils for adoption. Financial Impact: The clarification changes to contracting privilege taxes will likely result in a reduction of contracting taxes. However, due to the complexities associated with contracting development, the total annual impact on tax collections is not known. ATTACHMENTS: Name: Description.: ^ 2009TaxChanges Ordinance_doc Ordinance ^ Explanation of 2009 Tax .Code Changes.pdf Explanation of 2009 Tax Cade Changes ^ 2009 Amendmen.ts_to Marana Tax Code.pdf 2009 Amendments to the Tax Gode Staff Recommendation: Type: Ordinance Backup Material Backup Material Staff recommends approval of Ordinance 2009.19, adopting the 2009 Amendments to the Tax Code of the Town of Marana. Regular Council Meeting -September 15, 2009 -Page 45 of 224 Suggested Motion: I move to adopt Ordinance 2009.19, adopting the 2009 Amendments to the Tax Code of the Town of Marana. Regular Council Meeting -September 15, 2009 -Page 46 of 224 MARANA ORDINANCE N0.2009.19 RELATING TO THE PRIVILEGE LICENSE TAX; ADOPTING "THE 2009 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA" BY REFERENCE; ESTABLISHING AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY AND PROVIDING PENALTIES FOR VIOLATIONS BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA: SECTION 1: That certain document known as "The 2009 Amendments to the Tax Code of the Town of Marana," three copies of which are on file in the office of the town clerk of the Town of Marana, Arizona, which document was made a public record by Resolution No. 151 of the Town of Marana, Arizona, is hereby referred to, adopted and made a part hereof as if fully set out in this ordinance. SECTION 2: Any person found guilty of violating any provision of these amendments to the tax code shall be guilty of a class one misdemeanor. Each day that a violation continues shall be a separate offense punishable as herein above described. SECTION 3: If any section, subsection, sentence, clause, phrase or portion of this ordinance or any part of these amendments to the tax code adopted herein by reference is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. SECTION 4: The provisions of sections 1 through 3 of this ordinance shall be effective from and after September 1, 2006. The provisions of sections 4 and 5 of this ordinance shall be effective from and after July 1, 2008. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 15~' day of September, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -September 15, 2009 -Page 47 of 224 OUTLINE OF PROPOSED CONFORMING CHANGES TO MODEL CITY TAX CODE The attached Model City Tax Code changes, summarized below, were approved by the Municipal Tax Code Commission in February. Sections 1-3 These sections incorporate last year's legislative changes to A.R.S. 42-6004, modifying the Development Fee exemption found in MCTC Sections 415, 416, and 417. These changes serve to clarify the exemptions, and are the result of a cooperative effort between the UAC and taxpayer advocates to craft language that was administratively workable without altering the legislative intent of the original exemption. These sections have a retroactive effective date of September 1, 2006 to coincide with the original exemption. Section 4 This is a technical correction, adding the exemption .for Solar Energy devices to Section 450, Rental of Tangible Personal Property, allowing for the exempt leasing of solar energy devices. This section was inadvertently left out when the same exemption was added to the Contracting, Retail, and Use tax activities last year. This change has a retroactive effective date of July 1, 2008 to align it with the other matching exemptions. Section 5 This is also a technical correction, removing the reference to residency requirements in Regulation 350.3 that was overlooked when similar language was removed from the definition of "Out-of--State sales" in Section 100 last year. This change is also retroactive to July 1, 2008 to align it with the original definition change. Effective Date The provisions of sections 1 through 3 shall be effective from and after September 1, 2006. The provisions of sections 4 and 5 shall be effective from and after July 1, 2008. Regular Council Meeting -September 15, 2009 -Page 48 of 224 2009 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA Section 1. Section 8-415 of the Tax Code of the Town of Marana is amended to read: Sec. 8-415. Construction contracting: construction contractors. (a) The tax rate shall be at an amount equal to four percent (4%) of the gross income from the business upon every construction contractor engaging or continuing in the business activity of construction contracting within the Town. (1) However, gross income from construction contracting shall not include charges related to groundwater measuring devices required by A.R.S. Section 45-604. (2) (Reserved) (3) gross income from construction contracting shall not include gross income from the sale of manufactured buildings taxable under Section 8-427. (4) For taxable periods beginning from and after July 1, 2008, the portion of gross proceeds of sales or gross income attributable to the actual direct costs of providing architectural or engineering services that are incorporated in a contract is not subject to tax under this Section. For the purposes of this subsection, "direct costs" means the portion of the actual costs that are directly expended in providing architectural or engineering services. (b) Deductions and exemptions. (1) Gross income derived from acting as a "subcontractor" shall be exempt from the tax imposed by this Section. (2) All construction contracting gross income subject to the tax and not deductible herein shall be allowed a deduction of thirty-five percent (35%). (3) The gross proceeds of sales or gross income attributable to the purchase of machinery, equipment or other tangible personal property that is exempt from or deductible from privilege or use tax under: (A) Section 8-465, subsections (g) and (p) (B) Section 8-660, subsections (g) and (p) shall be exempt or deductible, respectively, from the tax imposed by this Section. (4) The gross proceeds of sales or gross income that is derived from a contract entered into for the installation, assembly, repair or maintenance of income-producing capital equipment, as defined in Section 8-110, that is deducted from the retail classification pursuant to Section 8-465(g) that does not become a permanent attachment to a building, highway, road, railroad, excavation or manufactured building or other structure, project, development or improvement shall be exempt from the tax imposed by this Section. If the ownership of the realty is separate from the ownership of the income-producing capital equipment, the determination as to permanent attachment shall be made as if the ownership was the same. The deduction provided in this paragraph does not include gross proceeds of sales or gross income from that portion of any contracting activity which consists of the development of, or modification to, real property in order to facilitate the installation, assembly, repair, maintenance or removal of the income-producing capital equipment. For purposes of this paragraph, "permanent attachment" means at least one of the following: (A) to be incorporated into real property. (B) to become so affixed to real property that it becomes part of the real property. (C) to be so attached to real property that removal would cause substantial damage to the real property from which it is removed. (5) The gross proceeds of sales or gross income received from a contract for the construction of an environmentally controlled facility for the raising of poultry for the production of eggs and the sorting, or cooling and packaging of eggs shall be exempt from the tax imposed under this Section. (6) The gross proceeds of sales or gross income that is derived from the installation, assembly, repair or maintenance of cleanrooms that are deducted from the tax base of the retail classification pursuant to Section 8-465, subsection (g) shall be exempt from the tax imposed under this Section. Regular Council Meeting -September 15, 2009 -Page 49 of 224 (7) The gross proceeds of sales or gross income that is derived from a contract entered into with a person who is engaged in the commercial production of livestock, livestock products or agricultural, horticultural, viticultural or floricultural crops or products in this State for the construction, alteration, repair, improvement, movement, wrecking or demolition or addition to or subtraction from any building, highway, road, excavation, manufactured building or other structure, project, development or improvement used directly and primarily to prevent, monitor, control or reduce air, water or land pollution shall be exempt from the tax imposed under this Section. (8) The gross proceeds of sales or gross income received from a post construction contract to perform post-construction treatment of real property for termite and general pest control, including wood destroying organisms, shall be exempt from tax imposed under this Section. (9) Through December 31, 2009, the gross proceeds of sales or gross income received from a contract for constructing any lake facility development in a commercial enhancement reuse district that is designated pursuant to A.R.S. § 9-499.08 if the contractor maintains the following records in a form satisfactory to the Arizona Department of Revenue and to the Town: (A) The certificate of qualification of the lake facility development issued by the Town pursuant to A.R.S. § 9-499.08, subsection D. (B) All state and local transaction privilege tax returns for the period of time during which the contractor received gross proceeds of sales or gross income from a contract to construct a lake facility development in a designated commercial enhancement reuse district, showing the amount exempted from state and local taxation. (C) Any other information considered to be necessary. (10) to '-~>c-state i~,..,i on+ +,. „fr~o+ ,,,,,ror.,rv,o.,+~i .,~+~ ~f ,aa~.,,, .,~~hi~,. ANY AMOUNT ATTRIBUTABLE TO DEVELOPMENT FEES THAT ARE INCURRED IN RELATION TO THE CONSTRUCTION, DEVELOPMENT OR IMPROVEMENT OF REAL PROPERTY AND PAID BY THE TAXPAYER AS DEFINED IN THE MODEL CITY TAX CODE OR BY A CONTRACTOR PROVIDING SERVICES TO THE TAXPAYER. FOR THE PURPOSES OF THIS PARAGRAPH: (A) THE ATTRIBUTABLE AMOUNT SHALL NOT EXCEED THE VALUE OF THE DEVELOPMENT FEES ACTUALLY IMPOSED. (B) THE ATTRIBUTABLE AMOUNT IS EQUAL TO THE TOTAL AMOUNT OF DEVELOPMENT FEES PAID BY THE TAXPAYER OR BY A CONTRACTOR PROVIDING SERVICES TO THE TAXPAYER AND THE TOTAL DEVELOPMENT FEES CREDITED IN EXCHANGE FOR THE CONSTRUCTION OF, CONTRIBUTION TO OR DEDICATION OF REAL PROPERTY FOR PROVIDING PUBLIC INFRASTRUCTURE, PUBLIC SAFETY OR OTHER PUBLIC SERVICES NECESSARY TO THE DEVELOPMENT. THE REAL PROPERTY MUST BE THE SUBJECT OF THE DEVELOPMENT FEES. (C) ~~DEVELOPMENT FEES~~ MEANS FEES IMPOSED TO OFFSET CAPITAL COSTS OF PROVIDING PUBLIC INFRASTRUCTURE, PUBLIC SAFETY OR OTHER PUBLIC SERVICES TO A DEVELOPMENT AND AUTHORIZED PURSUANT TO SECTION 9-463.05, SECTION 11-1102 OR TITLE 48 REGARDLESS OF THE JURISDICTION TO WHICH THE FEES ARE PAID. (11) For taxable periods beginning from and after July 1, 2008 and ending before January 1, 2011, the gross proceeds of sales or gross income derived from a contract to provide and install a solar energy device. The contractor shall register with the department of revenue as a solar energy contractor. By registering, the contractor acknowledges that it will make its books and records relating to sales of solar energy devices available to the department of revenue and the city, as applicable, for examination. (c) Subcontractor means a construction contractor performing work for either: (1) a construction contractor who has provided the subcontractor with a written declaration that he is liable for the tax for the project and has provided the subcontractor his Town Privilege License number. (2) an owner-builder who has provided the subcontractor with a written declaration that: (A) the owner-builder is improving the property for sale; and Regular Council Meeting -September 15, 2009 -Page 50 of 224 (b) the owner-builder is liable for the tax for such construction contracting activity; and (c) the owner-builder has provided the contractor his Town Privilege License number. (3) a person selling new manufactured buildings who has provided the subcontractor with a written declaration that he is liable for the tax for the site preparation and set-up; and provided the subcontractor his Town Privilege License number. Subcontractor also includes a construction contractor performing work for another subcontractor as defined above. Section 2. Section 8-416 of the Tax Code of the Town of Marana is amended to read: Sec. 8-416. Construction contracting: speculative builders. (a) The tax shall be equal to four percent (4%) of the gross income from the business activity upon every person engaging or continuing in business as a speculative builder within the Town. (1) The gross income of a speculative builder considered taxable shall include the total selling price from the sale of improved real property at the time of closing of escrow or transfer of title. (2) "Improved Real Property" means any real property: (A) upon which a structure has been constructed; or (B) where improvements have been made to land containing no structure (such as paving or landscaping); or (C) which has been reconstructed as provided by Regulation; or (D) where water, power, and streets have been constructed to the property line. (3) "Sale of Improved Real Property" includes any form of transaction, whether characterized as a lease or otherwise, which in substance is a transfer of title of, or equitable ownership in, improved real property and includes any lease of the property for a term of thirty (30) years or more (with all options for renewal being included as a part of the term). In the case of multiple unit projects, "sale" refers to the sale of the entire project or to the sale of any individual parcel or unit. (4) "Partially Improved Residential Real Property", as used in this Section, means any improved real property, as defined in subsection (a)(2) above, being developed for sale to individual homeowners, where the construction of the residence upon such property is not substantially complete at the time of the sale. (b) Exclusions. (1) In cases involving reconstruction contracting, the speculative builder may exclude from gross income the prior value allowed for reconstruction contracting in determining his taxable gross income, as provided by Regulation. (2) Neither the cost nor the fair market value of the land which constitutes part of the improved real property sold may be excluded or deducted from gross income subject to the tax imposed by this Section. (3) (Reserved) (4) A speculative builder may exclude gross income from the sale of partially improved residential real property as defined in (a)(4) above to another speculative builder only if all of the following conditions are satisfied: (A) The speculative builder purchasing the partially improved residential real property has a valid Town privilege license for construction contracting as a speculative builder; and (B) At the time of the transaction, the purchaser provides the seller with a properly completed written declaration that the purchaser assumes liability for and will pay all privilege taxes which would otherwise be due the Town at the time of sale of the partially improved residential real property; and (C) The seller also: (i) maintains proper records of such transactions in a manner similar to the requirements provided in this chapter relating to sales for resale; and Regular Council Meeting -September 15, 2009 -Page 51 of 224 (ii) retains a copy of the written declaration provided by the buyer for the transaction; and (iii) is properly licensed with the Town as a speculative builder and provides the Town with the written declaration attached to the Town privilege tax return where he claims the exclusion. (5) For taxable periods beginning from and after July 1, 2008, the portion of gross proceeds of sales or gross income attributable to the actual direct costs of providing architectural or engineering services that are incorporated in a contract is not subject to tax under this section. For the purposes of this subsection, "direct costs" means the portion of the actual costs that are directly expended in providing architectural or engineering services. (c) Tax liability for speculative builders occurs at close of escrow or transfer of title, whichever occurs earlier, and is subject to the following provisions, relating to exemptions, deductions and tax credits: (1) Exemptions. (A) The gross proceeds of sales or gross income attributable to the purchase of machinery, equipment or other tangible personal property that is exempt from or deductible from privilege or use tax under: (i) Section 8-465, subsections (g) and (p) (ii) Section 8-660, subsections (g) and (p) shall be exempt or deductible, respectively, from the tax imposed by this Section. (B) The gross proceeds of sales or gross income received from a contract for the construction of an environmentally controlled facility for the raising of poultry for the production of eggs and the sorting, or cooling and packaging of eggs shall be exempt from the tax imposed under this Section. (C) The gross proceeds of sales or gross income that is derived from the installation, assembly, repair or maintenance of cleanrooms that are deducted from the tax base of the retail classification pursuant to Section 8-465, subsection (g) shall be exempt from the tax imposed under this section. (D) The gross proceeds of sales or gross income that is derived from a contract entered into with a person who is engaged in the commercial production of livestock, livestock products or agricultural, horticultural, viticultural or floricultural crops or products in this state for the construction, alteration, repair, improvement, movement, wrecking or demolition or addition to or subtraction from any building, highway, road, excavation, manufactured building or other structure, project, development or improvement used directly and primarily to prevent, monitor, control or reduce air, water or land pollution shall be exempt from the tax imposed under this Section. (E) ne„oi,,,,,,,o„+ „ .,,.+ food ,.i ,~o,-I ~ n~+~ ,.+~.,., „r ae„oi.,.,r,o.,+ ,.,,.,+,-~~+ f„r ~~ on+ +., +ho ~+~++o r,r Ir.~l,l ., o.,+ +., ..ff~e+ r. r,..+.~,I ....~+~ ..f ., ~~irlir~r. ANY AMOUNT ATTRIBUTABLE TO DEVELOPMENT FEES THAT ARE INCURRED IN RELATION TO THE CONSTRUCTION, DEVELOPMENT OR IMPROVEMENT OF REAL PROPERTY AND PAID BY THE TAXPAYER AS DEFINED IN THE MODEL CITY TAX CODE OR BY A CONTRACTOR PROVIDING SERVICES TO THE TAXPAYER SHALL BE EXEMPT FROM THE TAX IMPOSED UNDER THIS SECTION. FOR THE PURPOSES OF THIS PARAGRAPH: (I) THE ATTRIBUTABLE AMOUNT SHALL NOT EXCEED THE VALUE OF THE DEVELOPMENT FEES ACTUALLY IMPOSED. (II) THE ATTRIBUTABLE AMOUNT IS EQUAL TO THE TOTAL AMOUNT OF DEVELOPMENT FEES PAID BY THE TAXPAYER OR BY A CONTRACTOR PROVIDING SERVICES TO THE TAXPAYER AND THE TOTAL DEVELOPMENT FEES CREDITED IN EXCHANGE FOR THE CONSTRUCTION OF, CONTRIBUTION TO OR DEDICATION OF REAL PROPERTY FOR PROVIDING PUBLIC INFRASTRUCTURE, PUBLIC SAFETY OR OTHER PUBLIC SERVICES NECESSARY TO THE DEVELOPMENT. THE REAL PROPERTY MUST BE THE SUBJECT OF THE DEVELOPMENT FEES. (III) "DEVELOPMENT FEES" MEANS FEES IMPOSED TO OFFSET CAPITAL COSTS OF PROVIDING PUBLIC INFRASTRUCTURE, PUBLIC SAFETY OR OTHER PUBLIC Regular Council Meeting -September 15, 2009 -Page 52 of 224 SERVICES TO A DEVELOPMENT AND AUTHORIZED PURSUANT TO SECTION 9- 463.05, SECTION 11-11 O2 OR TITLE 48 REGARDLESS OF THE JURISDICTION TO WHICH THE FEES ARE PAID. (2) Deductions. (A) All amounts subject to the tax shall be allowed a deduction in the amount of thirty-five percent (35%). (B) The gross proceeds of sales or gross income that is derived from a contract entered into for the installation, assembly, repair or maintenance of income-producing capital equipment, as defined in Section 8-110, that is deducted from the retail classification pursuant to Section 8-465(g), that does not become a permanent attachment to a building, highway, road, railroad, excavation or manufactured building or other structure, project, development or improvement shall be exempt from the tax imposed by this Section. If the ownership of the realty is separate from the ownership of the income-producing capital equipment, the determination as to permanent attachment shall be made as if the ownership was the same. The deduction provided in this paragraph does not include gross proceeds of sales or gross income from that portion of any contracting activity which consists of the development of, or modification to, real property in order to facilitate the installation, assembly, repair, maintenance or removal of the income-producing capital equipment. For purposes of this paragraph, "permanent attachment" means at least one of the following: (i) to be incorporated into real property. (ii) to become so affixed to real property that it becomes part of the real property. (iii) to be so attached to real property that removal would cause substantial damage to the real property from which it is removed. (C) For taxable periods beginning from and afterjuly 1, 2008 and ending before January 1, 2011, the gross proceeds of sales or gross income derived from a contract to provide and install a solar energy device. The contractor shall register with the department of revenue as a solar energy contractor. By registering, the contractor acknowledges that it will make its books and records relating to sales of solar energy devices available to the department of revenue and the city, as applicable, for examination. (3) Tax credits. The following tax credits are available to owner-builders or speculative builders, not to exceed the tax liability against which such credits apply, provided such credits are documented to the satisfaction of the tax collector: (A) A tax credit equal to the amount of town privilege or use tax, or the equivalent excise tax, paid directly to a taxing jurisdiction or as a separately itemized charge paid directly to the vendor with respect to the tangible personal property incorporated into the said structure or improvement to real property undertaken by the owner-builder or speculative builder. (B) A tax credit equal to the amount of privilege taxes paid to this Town, or charged separately to the speculative builder, by a construction contractor, on the gross income derived by said person from the construction of any improvement to the real property. (C) No credits provided herein may be claimed until such time that the gross income against which said credits apply is reported. Section 3. Section 8-417 of the Tax Code of the Town of Marana is amended to read: Sec. 8-417. Construction contracting: owner-builders who are not speculative builders. (a) At the expiration of twenty-four (24) months after improvement to the property is substantially complete, the tax liability for an owner-builder who is not a speculative builder shall be at an amount equal to four percent (4%) of: Regular Council Meeting -September 15, 2009 -Page 53 of 224 (1) the gross income from the activity of construction contracting upon the real property in question which was realized by those construction contractors to whom the owner-builder provided written declaration that they were not responsible for the taxes as prescribed in Subsection 8-415(c)(2); and (2) the purchase of tangible personal property for incorporation into any improvement to real property, computed on the sales price. (b) For taxable periods beginning from and after July 1, 2008, the portion of gross proceeds of sales or gross income attributable to the actual direct costs of providing architectural or engineering services that are incorporated in a contract is not subject to tax under this section. For the purposes of this subsection, "direct costs" means the portion of the actual costs that are directly expended in providing architectural or engineering services. (c) The tax liability of this Section is subject to the following provisions, relating to exemptions, deductions and tax credits: (1) Exemptions. (A) The gross proceeds of sales or gross income attributable to the purchase of machinery, equipment or other tangible personal property that is exempt from or deductible from privilege or use tax under: (i) Section 8-465, subsections (g) and (p) (ii) Section 8-660, subsections (g) and (p) shall be exempt or deductible, respectively, from the tax imposed by this Section. (B) The gross proceeds of sales or gross income received from a contract for the construction of an environmentally controlled facility for the raising of poultry for the production of eggs and the sorting, or cooling and packaging of eggs shall be exempt from the tax imposed under this Section. (C) The gross proceeds of sales or gross income that is derived from the installation, assembly, repair or maintenance of cleanrooms that are deducted from the tax base of the retail classification pursuant to Section 8-465, subsection (g) shall be exempt from the tax imposed under this Section. (D) The gross proceeds of sales or gross income that is derived from a contract entered into with a person who is engaged in the commercial production of livestock, livestock products or agricultural, horticultural, viticultural or floricultural crops or products in this state for the construction, alteration, repair, improvement, movement, wrecking or demolition or addition to or subtraction from any building, highway, road, excavation, manufactured building or other structure, project, development or improvement used directly and primarily to prevent, monitor, control or reduce air, water or land pollution shall be exempt from the tax imposed under this Section. a;~ment to the ~+~+o „~ ~,,,.~~ „ o.,+ +„ „f+~o+ „ e.,+~~ ,.,,~+~ „f n ,,;~,n„ Pdbli~infrastrdstdFe, .,,,tir,. ~„fe+., „na „++,e..,~~hr.. ~o ~ +„ ., ae„e~,.rrv,e„+ ANY AMOUNT ATTRIBUTABLE TO DEVELOPMENT FEES THAT ARE INCURRED IN RELATION TO THE CONSTRUCTION, DEVELOPMENT OR IMPROVEMENT OF REAL PROPERTY AND PAID BY THE TAXPAYER AS DEFINED IN THE MODEL CITY TAX CODE OR BY A CONTRACTOR PROVIDING SERVICES TO THE TAXPAYER SHALL BE EXEMPT FROM THE TAX IMPOSED UNDER THIS SECTION. FOR THE PURPOSES OF THIS PARAGRAPH: (I) THE ATTRIBUTABLE AMOUNT SHALL NOT EXCEED THE VALUE OF THE DEVELOPMENT FEES ACTUALLY IMPOSED. (II) THE ATTRIBUTABLE AMOUNT IS EQUAL TO THE TOTAL AMOUNT OF DEVELOPMENT FEES PAID BY THE TAXPAYER OR BY A CONTRACTOR PROVIDING SERVICES TO THE TAXPAYER AND THE TOTAL DEVELOPMENT FEES CREDITED IN EXCHANGE FOR THE CONSTRUCTION OF, CONTRIBUTION TO OR DEDICATION OF REAL PROPERTY FOR PROVIDING PUBLIC INFRASTRUCTURE, PUBLIC SAFETY OR OTHER PUBLIC SERVICES NECESSARY TO THE DEVELOPMENT. THE REAL PROPERTY MUST BE THE SUBJECT OF THE DEVELOPMENT FEES. Regular Council Meeting -September 15, 2009 -Page 54 of 224 (III) "DEVELOPMENT FEES" MEANS FEES IMPOSED TO OFFSET CAPITAL COSTS OF PROVIDING PUBLIC INFRASTRUCTURE, PUBLIC SAFETY OR OTHER PUBLIC SERVICES TO A DEVELOPMENT AND AUTHORIZED PURSUANT TO SECTION 9- 463.05, SECTION 11-1102 OR TITLE 48 REGARDLESS OF THE JURISDICTION TO WHICH THE FEES ARE PAID. (2) Deductions. (A) All amounts subject to the tax shall be allowed a deduction in the amount of thirty-five percent (35%). (B) The gross proceeds of sales or gross income that is derived from a contract entered into for the installation, assembly, repair or maintenance of income-producing capital equipment, as defined in Section 8-110, that is deducted from the retail classification pursuant to Section 8-465(g), that does not become a permanent attachment to a building, highway, road, railroad, excavation or manufactured building or other structure, project, development or improvement shall be exempt from the tax imposed by this Section. If the ownership of the realty is separate from the ownership of the income-producing capital equipment, the determination as to permanent attachment shall be made as if the ownership was the same. The deduction provided in this paragraph does not include gross proceeds of sales or gross income from that portion of any contracting activity which consists of the development of, or modification to, real property in order to facilitate the installation, assembly, repair, maintenance or removal of the income-producing capital equipment. For purposes of this paragraph, "permanent attachment" means at least one of the following: (i) to be incorporated into real property. (ii) to become so affixed to real property that it becomes part of the real property. (iii) to be so attached to real property that removal would cause substantial damage to the real property from which it is removed. (C) For taxable periods beginning from and after July 1, 2008 and ending before January 1, 2011, the gross proceeds of sales or gross income derived from a contract to provide and install a solar energy device. The contractor shall register with the department of revenue as a solar energy contractor. By registering, the contractor acknowledges that it will make its books and records relating to sales of solar energy devices available to the department of revenue and the city, as applicable, for examination. (3) Tax credits. The following tax credits are available to owner-builders and speculative builders, not to exceed the tax liability against which such credits apply, provided such credits are documented to the satisfaction of the tax collector: (A) A tax credit equal to the amount of town privilege or use tax, or the equivalent excise tax, paid directly to a taxing jurisdiction or as a separately itemized charge paid directly to the vendor with respect to the tangible personal property incorporated into the said structure or improvement to real property undertaken by the owner-builder or speculative builder. (B) A tax credit equal to the amount of privilege taxes paid to this Town, or charged separately to the speculative builder, by a construction contractor, on the gross income derived by said person from the construction of any improvement to the real property. (C) No credits provided herein may be claimed until such time that the gross income against which said credits apply is reported. (d) The limitation period for the assessment of taxes imposed by this Section is measured based upon when such liability is reportable, that is, in the reporting period that encompasses the twenty-fifth (25th) month after said unit or project was substantially complete. Interest and penalties, as provided in Section 8-540, will be based on reportable date. (e) (Reserved) Regular Council Meeting -September 15, 2009 -Page 55 of 224 Section 4. Section 8-450 of the Tax Code of the Town of Marana is amended to read: Sec. 8-450. Rental, leasing, and licensing for use of tangible personal property. (a) The tax rate shall be at an amount equal to two percent (2%) of the gross income from the business activity upon every person engaging or continuing in the business of leasing, licensing for use, or renting tangible personal property for a consideration, including that which is semi-permanently or permanently installed within the Town as provided by Regulation. (b) Special provisions relating to long-term motor vehicle leases. A lease transaction involving a motor vehicle for a minimum period of twenty-four (24) months shall be considered to have occurred at the location of the motor vehicle dealership, rather than the location of the place of business of the lessor, even if the lessor's interest in the lease and its proceeds are sold, transferred, or otherwise assigned to a lease financing institution; provided further that the city or town where such motor vehicle dealership is located levies a Privilege Tax or an equivalent excise tax upon the transaction. (c) Gross income derived from the following transactions shall be exempt from Privilege Taxes imposed by this Section: (1) rental, leasing, or licensing for use of tangible personal property to persons engaged or continuing in the business of leasing, licensing for use, or rental of such property. (2) rental, leasing, or licensing for use of tangible personal property that is semi-permanently or permanently installed within another city or town that levies an equivalent excise tax on the transaction. (3) rental, leasing, or licensing for use of film, tape, or slides to a theater or other person taxed under Section 8-410, or to a radio station, television station, or subscription television system. (4) rental, leasing, or licensing for use of the following: (A) prosthetics. (B) income-producing capital equipment. (C) mining and metallurgical supplies. These exemptions include the rental, leasing, or licensing for use of tangible personal property which, if it had been purchased instead of leased, rented, or licensed by the lessee or licensee, would qualify as income-producing capital equipment or mining and metallurgical supplies. (5) rental, leasing, or licensing for use of tangible personal property to a qualifying hospital, qualifying community health center or a qualifying health care organization, except when the property so rented, leased, or licensed is for use in activities resulting in gross income from unrelated business income as that term is defined in 26 U.S.C. Section 512 or rental, leasing, or licensing for use of tangible personal property in this State by a nonprofit charitable organization that has qualified under Section 501(c)(3) of the United States Internal Revenue Code and that engages in and uses such property exclusively for training, job placement or rehabilitation programs or testing for mentally or physically handicapped persons. (6) separately billed charges for delivery, installation, repair, and/or maintenance as provided by Regulation. (7) charges for joint pole usage by a person engaged in the business of providing or furnishing utility or telecommunication services to another person engaged in the business of providing or furnishing utility or telecommunication services. (8) the gross income from coin-operated washing, drying, and dry cleaning machines, or from coin-operated car washing machines. This exemption shall not apply to suppliers or distributors renting, leasing, or licensing for use of such equipment to persons engaged in the operation of coin-operated washing, drying, dry cleaning, or car washing establishments. (9) rental, leasing, or licensing of aircraft that would qualify as aircraft acquired for use outside the State, as prescribed by Regulation, if such rental, leasing, or licensing had been a sale. (10) rental, leasing and licensing for use of an alternative fuel vehicle if such vehicle was manufactured as a diesel fuel vehicle and converted to operate on alternative fuel and Regular Council Meeting -September 15, 2009 -Page 56 of 224 equipment that is installed in a conventional diesel fuel motor vehicle to convert the vehicle to operate on an alternative fuel, as defined in A.R.S. Section 1-215. (11) RENTAL, LEASING, AND LICENSING FOR USE OF SOLAR ENERGY DEVICES, FOR TAXABLE PERIODS BEGINNING FROM AND AFTER JULY 1, 2008. THE LESSOR SHALL REGISTER WITH THE DEPARTMENT OF REVENUE AS A SOLAR ENERGY RETAILER. BY REGISTERING, THE LESSOR ACKNOWLEDGES THAT IT WILL MAKE ITS BOOKS AND RECORDS RELATING TO LEASES OF SOLAR ENERGY DEVICES AVAILABLE TO THE DEPARTMENT OF REVENUE AND TOWN, AS APPLICABLE, FOR EXAMINATION. Section 5. Regulation 8-350.3 of the Tax Code of the Town of Marana is amended to read: Reg. 8-350.3. Recordkeeping: out-of-Town and out-of-State sales. (a) Out-of-Town Sales. Any person engaging or continuing in a business who claims out-of-Town sales shall maintain and keep accounting records or books indicating separately the gross income from the sales of tangible personal property from such out-of-Town branches or locations. (b) Out-of-State sales. Persons engaged in a business claiming out-of-State sales shall maintain accounting records or books indicating for each out-of-State sale the following documentation: (1) documentation of location of the buyer at the time of order placement; and ersen "resides withi+i-tie T^~^~a~Q (32) shipping, delivery, or freight documents showing where the buyer took delivery; and (43) documentation of intended location of use or storage of the tangible personal property sold to such buyer. Regular Council Meeting -September 15, 2009 -Page 57 of 224 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, September 15, 2009, 7:00:00 PM To: Mayor and Council From: Erik Montague ,Finance Director Strategic Plan Focus Area: Commerce Item C 8 Subject: Resolution No. 2009-151: Relating to Business Privilege Tax; declaring "the 2009 Amendments to the Tax Code of the Town of Marana" a public record and directing the Town Clerk to maintain three copies on file Discussion: Arizona State law allows cities and towns to enact the provisions of a code or amendment to the code without publishing the entire code (ARS § 9-802). The law does require that three copies of the code shall be filed in the office of the Town Clerk and made available for public use and inspection. This resolution will establish "The 2009 Amendments to the Tax Code of the Town of Marana" as a public record and direct the Town Clerk to maintain three copies on file. By adopting the amendments by reference, it will save the Town from publishing the numerous pages of amendments in the newspaper. The League of Arizona Cities and Towns has forwarded the 2009 amendments to the Model Cities Tax Code for the Town of Marana. The amendments are housekeeping items, that when adopted, will bring the Tax Code into conformance with State Law, and clarify ambiguous language. ATTACHMENTS: Name: Ci2009 Tax_Changes Resolution Public Record.doc Staff Recommendation: Description: 2009 Tax Cade Changes_Pubiic Record Type: Resolution Staff recommends that Council approve Resolution 2009-151, adopting a resolution declaring as a public record certain documents filed with the Town Clerk and entitled "The 2009 Amendments to the Tax Code of the Town of Marana". Suggested Motion: I move to approve Resolution 2009-151, declaring the 2009 Amendments to the Tax Code of the Town of Marana a public record and further direct that Town Clerk maintain three copies for public use and inspection. Regular Council Meeting -September 15, 2009 -Page 58 of 224 MARANA RESOLUTION N0.2009-151 RELATING TO BUSINESS PRIVILEGE TAX; DECLARING "THE 2009 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA" A PUBLIC RECORD AND DIRECTION THE TOWN CLERK TO MAINTAIN THREE COPIES ON FILE BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA that certain document entitled "THE 2009 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA", three copies of which are on file in the office of the town clerk, is hereby declared to be a public record, and said copies are ordered to remain on file with the town clerk for public use and inspection. PASSED AND ADOPTED BY THE Mayor and Council of the Town of Marana, Arizona, this I S`" day of September, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -September 15, 2009 -Page 59 of 224 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, September 15, 2009, 7:00:00 PM To: Mayor and Council Item C 9 From: Jane Fairall ,Deputy Town Attorney Strategic Plan Focus Area: Community Building Subject: Resolution No. 2009-152: Relating to Animal Control; authorizing Pima Animal Care Center to dedicate funds from the Town of Marana's July 10, 2009 dog licensing fee increase to the Animal Welfare Alliance of Southern Arizona's spay/neuter initiative Discussion: The Town. of Marana has an intergovernmental agreement (IGA) with Pima County for the provision of animal control services within the Town limits and the enforcement of the Marana Town Code Animal Control provisions (Title 6). As a part of this IGA, Pima Animal Care Center (PACC) collects license fees for dogs that live within the Town and applies those fees to the County's actual costs to provide animal control services for the Town. On June 9, 2009, the Town Council adopted a new comprehensive fee schedule. Included in that fee schedule were dog licensing fees. At the request of Pima Animal Care Center, those fees were increased effective .July 10, 2009. Pima Animal Care Center now requests authorization from the Town Council to dedicate the monies received pursuant to the Town's July 10, 2009 licensing fee increases to the Animal Welfare Alliance of Southern Arizona's (AWASA) spay/neuter initiative (see attached letter from Kim Janes, Manager of PACC). The purpose of this initiative is to make available and accessible to the community a safe, effective voluntary spay/neuter program to reduce animal overpopulation, shelter intake and possible euthanasia. The Pima County Board of Supervisors has directed that the County's licensing revenue increase effective June 1, 2009 be dedicated to this cause. The resolution contains a clause that would allow the Town Manager to direct PACC to discontinue the dedication of funds to the AWASA initiative by sending a letter to the PACC Manager. Financial Impact: None ATTACHMENTS: Name: Description: Type: ^ Reso re dedication of fee increase to AWASA initiati_ve_ Resolution Resolution (00016405 . DOC Regular Council Meeting -September 15, 2009 -Page 60 of 224 ~ Ltrfrom PACC re. allocating. fee increases_to AWASA Letter from Kim Janes (00.01.6...40.4..)._PD.. F Staff Recommendation: Backup Material Staff recommends approval of the resolution to dedicate the funds from the Town's dog licensing fee increase to the AWASA spay/neuter initiative. Suggested Motion: I move to approve Resolution No. 2009-152, authorizing Pima Animal Care Center to dedicate funds from the Town of Marana's July 10, 2009 dog licensing fee increase to the Animal Welfare Alliance of Southern Arizona's spay/neuter initiative. Regular Council Meeting -September 15, 2009 -Page 61 of 224 MARANA RESOLUTION N0.2009-152 RELATING TO ANIMAL CONTROL; AUTHORIZING PIMA ANIMAL CARE CENTER TO DEDICATE FUNDS FROM THE TOWN OF MARANA'S JULY 10, 2009 DOG LICENSING FEE INCREASE TO THE ANIMAL WELFARE ALLIANCE OF SOUTHERN ARIZONA' S SPAY/NEUTER INITIATIVE WHEREAS the Town has been a party to an intergovernmental agreement (IGA) with Pima County for many years, authorizing the County to perform all animal control services within the Town limits; and WHEREAS pursuant to the IGA, Pima Animal Care Center collects license and kennel fees for animals within the Town and applies those fees to the County's actual costs to provide animal control services for the Town; and WHEREAS on June 9, 2009, by Ordinance No. 2009.11, the Town Council adopted a comprehensive fee schedule that included increases to dog licensing fees effective July 10, 2009; and WHEREAS the Town Council finds that authorizing Pima. Animal Care Center to dedicate the funds from the July 10, 2009 dog licensing fee increase to the Animal Welfare Alliance of Southern Arizona's spay neuter initiative will benefit the citizens of the Town of Marana and will be in the Town's best interest. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that Pima Animal Care Center is authorized to dedicate the funds from the Town of Marana's July 10, 2009 dog licensing fee increase to the Animal Welfare Alliance of Southern Arizona's spay neuter initiative, unless and until directed by the Town's Manager, by letter addressed to the PACC Manager, to discontinue said dedication of funds. IT IS FURTHER RESOLVED that the Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of this resolution. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 15t" day of September; 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Re uia ° elny~ru~ fBro>~so~ To~2~ol9er~a a s2 of 22a Frank. Cassidy, Town Attorney g G~ou ci ee ing - ep erl~ber - g {00016405.DOC /} Op ~I ~Y A ~z `qR\rzo~t' August 11, 2009 Gilbert Davidson, Town Manager Town of Marana 11555 W. Civic Center Drive Marana, AZ 85653 Dear Mr. Davidson, PIMA COUNTY HEALTH DEPARTMENT PIMA ANIMAL CARE CENTER 4000 N. SILVERBELL RD ~ TUCSON, AZ $5745 (520} 243-5908 FAX (520) 243-5954 www. aimaanimalcare:o"rg RECEfVED 2 4 Z(109 TOWN ATTORNEY "The average fertile cat can produce up to five litters (four to six kittens per litter) in just one year, and the average fertile dog can produce two litters (six to 10 puppies per litter) in just one year." (City of Houston Mayor's Animal Protection Taskforce). The Town of Marana and Pima County face many challenges in their common responsibility to safeguard public. health and safety, protect animals from abuse and neglect and mitigate the impact large numbers of unaltered stray and companion animals have on the community. As you may be aware, -Pima Animal Care Center (PACC) accepts, impounds or picks up over 21,000 animals annually. Over 50 percent of the animals taken in at the Center. each year are strays and, in FY 08/09, of the 24,231 animals taken.in, 14,622 where strays. The number of stray animals and the location where they are picked up is tracked by jurisdiction and is reflected in the chart below. Strays by Jurisdiction FY 2007-2008 FY 2008-2009 Stra s Percents. a Stra s Percents e Tucson 6,469 53% Tucson 8,692 59% South Tucson 78 1% South Tucson 143 1% Pima Coun 5,398 44% Pima Coun 5,340 37% Marana 216 2% Marana 293 2% Sahuarita 52 <1% Sahuarita 69 <1% Oro Valle 41 <1% Oro Valle 85 <1%. Totals 12,254 Totals 14,622 Our community has made a concerted effort to increase rescue opportunities and PACC has been successful in not having to put an adoptable animal to sleep since December of 2002. PACC staff has worked to modify the selective criteria for previously un-adoptable animals to allow for greater rescue prospects and broader partnerships. These efforts led to 8,918 animals being adopted or rescued from the Center in FY 2009 as compared to only 5,422 in FY 2005,. a 64 percent increase in four years. Concurrently, euthanasia rates which peaked in FY 2006 at 68 percent (14,411 animals) have decreased to 61 percent in FY 2009 with 13,436 animals put to sleep. Many strays are injured, severely aggressive or highly contagious and cannot be reintroduced into the community. However, with moderate intervention, some strays can be saved. PACC and the community's non-profit rescue agencies have demonstrated the will and capability to rehabilitate a faction of animals needing such effort. The challenge continues to be the number of animals .needing rehabilitation far exceeds our community's capacity. Reducing the number of strays that PACC receives in the shelter would improve the capacity to rehabilitate animals and reduce demands on limited resources. Regular Council Meeting -September 15, 2009 -Page 63 of 224 Local experience with the County funded Animal Welfare Alliance of Southern Arizona's {AWASA) no cost spay/neuter initiative has proven Pima Courity, residents will alter their animals when the service is affordable and accessible. Tn Fiscal Year 2008-2009. alone, of att average cost of $69.20, the County program altered 2 i 87 pets. Due to this success and the high potential to reduce unwanted animals in the community and our shelters, Pima County Board of Supervisor's has directed the County licensing revenue increase effective June 1, -2009 be dedicated to the no cost spay/neuter initiative. The County projects $145,000 annually will be made available for this effort. Pima County Animal Care staff agrees with national :animal welfare organizations that a sustained, significant effort towards safe, effective voluntary spay/neuter programs made available and accessible to the community is the most effective way to reduce animal overpopulation, shelter intake and possible euthanasia. Staff recommends the Town of Marana favorably consider contributing to reducing animal intake and the number of unwanted animals through authorizing PACC to fund AWASA's spay/neuter initiative with the'Town's recent licensing increase: Should the Town choose to fund spay/neuter in this manner, staff projects Town support would add an additional $5,000 each year. At the cuirent cost per alteration, this would contribute sufficient funds to alter another 70 pets annually. PACC staff looks forward to continued.positive collaboration with the Town of Marana in animal welfare efforts. Should you have any c}uestions, please contact me at 243-5908. Sincerely, ~~~ Kim Janes Manager Regular Council Meeting -September 15, 2009 -Page 64 of 224 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, September 15, 2009, 7:00:00 PM To: Mayor and Council Item C 10 From: Jennifer Christelman ,Environmental Engineering Division Manager Strategic Plan Focus Area: Recreation Strategic Plan Focus Area -Additional Information: This project is consistent with the Recreation element in the Town of Marana's Strategic Plan. One of the specific initiatives is to "ensure that future development, land-use and projects protect and showcase the Sonoran Desert and all its inhabitants". This is also applicable to the Town of Marana's draft Habitat Conservation Plan and the wildlife corridors planned across the ~ortolita Fan. Subject: Resolution No. 2009-153: Relating to Intergovernmental Relations; authorizing and approving the Town of Marana to enter into an Intergovernmental Agreement (IGA) with the Town of Oro Valley for a Wildlife Linkage Study for Tangerine Road between Interstate 10 and La Canada Drive as well as La Cholla Boulevard between Tangerine and Overton Roads Discussion: The purpose of the Wildlife Linkages Study Tangerine and La Cholla is to provide wildlife linkage crossing information required for the future design concept for roadway construction improvements that are currently planned for these roadways under the Regional Transportation Authority (RTA) plan. These roadways have been identified by the Town of Marana and the Town of Oro Valley as bisecting one of the highest priority wildlife connectivity linkages within their respective jurisdictions. Specifically, this project will collect wildlife species location data from wildlife vehicle collisions and wildlife tracks and recommend locations and types of crossing structures for wildlife crossing mitigation. Because of the high traffic volume along the roadway there are concerns regarding motorist safety due to wildlife (e.g., mule deer and javelina) vehicular collisions. This is attributable to the potential increase in vehicle volume that may occur due to future growth. Currently, information on the specific locations where wildlife species currently cross these roadways is lacking. Tangerine Road is the roadway within the Town's boundary and it is a critical link between the Tortolita Mountains, the Santa Cruz River and the Tucson Mountains. This has been identified in the Town's draft Habitat Conservation Plan as the most critical corridor for wildlife connectivity. The Town of Oro Valley will be the lead on this project for coordinating with the Arizona Game and Fish Department to complete the study. They will also be taking the lead on obtaining reimbursements from the Regional Transportation Authority for the project. The Town of Marana will not be committing any funds to the project. The only costs to this project will Regular Council Meeting -September 15, 2009 -Page 65 of 224 be in-kind contributions through staff time and coordination. The Town will be reviewing all applicable documents and will receive a copy of all documents produced for the study including the final report with recommendations. Financial Impact: The project has been approved and will be fully funded by the RTA. In-kind staff time will be required to coordinate with the Town of Oro Valley and the Arizona Game and Fish Department. ATTACHMENTS: N-acne: O Resolution_for Tangerine wi I_d I ife._I n.k..ages_I GA. d o c ~ IGA between Marana and Oro Valley_for_Wildlife Linkage S...tudy_on. TangerineTpdf ^ RTA Proposal for W. ldlfe Linkages on Tangerine.pdf Description: Draft Resoulation for Wildlife Linkage 1GA with Oro Valley Manna -Oro Valley IGA for Signature RTA Wildlife Linkages Funding Proposal for Tangerine Road Type: Resolution Backup Material Backup Material Staff Recommendation: Staff recommends Council authorize and approve the Town of Marana to enter into an Intergovernmental Agreement (IGA) with the Town. of Oro Valley for a Wildlife Linkage Study for Tangerine Road between Interstate 10 and La Canada Drive as well as La Cholla Boulevard between Tangerine and Overton Roads. Suggested Motion: I move to approve Resolution 2009-153, authorizing and approving the Town of Marana to enter into an Intergovernmental Agreement with the Town of Oro Valley for a Wildlife Linkage Study for Tangerine Road between Interstate 10 and La Canada Drive as well as La Cholla Boulevard between Tangerine and Overton Roads. Regular Council Meeting -September 15, 2009 -Page 66 of 224 MARANA RESOLUTION N0.2009-153. RELATING TO INTERGOVERNMENTAL RELATIONS; AUTHORIZING AND APPROVING THE TOWN OF MARANA TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT (IGA) WITH THE TOWN OF ORO VALLEY FOR A WILDLIFE LINKAGE STUDY FOR TANGERINE ROAD BETWEEN INTERSTATE 10 AND LA CANADA DRIVE AS WELL AS LA CHOLLA BOULEVARD BETWEEN TANGERINE AND OVERTON ROADS WHEREAS the Wildlife Linkages Study for Tangerine and La Cholla will provide wildlife linkage crossing information required for the future design concept for roadway construction improvements that are currently planned for these roadways under the Regional Transportation Authority (RTA) plan; and WHEREAS these roadways have been identified by the Town of Marana and the Town of Oro Valley as bisecting one of the highest priority wildlife connectivity linkages within their respective jurisdictions; and WHEREAS this project will collect wildlife species location data from wildlife vehicle collisions and wildlife tracks and recommend locations and types of crossing structures for wildlife crossing mitigation; and WHEREAS the Town of Oro Valley will be the lead on this project for coordinating with the Arizona Game and Fish Department to complete the study; and WHEREAS the Town of Oro Valley be taking the lead on obtaining reimbursements from the Regional Transportation Authority for the project; and WHEREAS Town of Marana contributions for this project will be staff time and coordination. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL, OF THE TOWN OF MARANA, ARIZONA, authorizing and approving the Town of Marana to enter into an Intergovernmental Agreement (IGA) with the Town of Oro Valley for a Wildlife Linkage Study for Tangerine Road between Interstate 10 and La Canada Drive as well as La Cholla Boulevard between Tangerine and Overton Road. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 15th day of September, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Regular,{~n~eet~I~ol~~t~dV~?~2~r~age 67 of 22a Frank Cassidy, Town Attorney Intergovernmental Agreement between the Town of Marano and the Town of Oro Valley RTA Wildlife Linkage Crossing Study for Tangerine Road between Interstate 10 and La Canada Drive and La Cholla Boulevard from Tangerine Road to Overton Road This Intergovernmental Agreement ("IGA"} is entered into by anal between the Town of Marana, an Arizona municipal corporation, hereinafter referred to as "Marana" and the Town of Ora Valley, an Arizona municipal corporation, hereinafter referred to as `'Oro Valley", both of which are collectively referred to as the ``Parties". RECITALS WHEREAS, Marana and Oro Valley may contract for services and enter into agreements with one another for joint or cooperative action pursuant to A.R.S. § 11-952; and WHEREAS, Marana and Oro Valley are empowered by A.R.S. ~ 9-240, et seq., to enter into this Agreement, and have by resolution, copies of which are attached hereto and made a part hereof resolved to enter into this Agreement and have authorized the undersigned to execute this Agreement on behalf of Marana a11d Oro Valley, respectively; and WHEREAS, the Parties wish to enter into this Agreement for• the pw•pose of contracting with Arizona Game and Fish Department, (AGED} to complete a RTA Wildlife Linkage Crossing Study for Tangerine Road from Interstate 10 (I-101 to La Canada Drive, and La Cholla Boulevard from Tangerine Raad to Overton Road. Project will be completed per the attached project scope Exhibit "A"; and WHEREAS, funding for the Wildlife Liirlcage Crossing Study shall be provided by the Regional Transportation Authority (RTA} as specified in Exhibit "A"; and WHEREAS, the Town of Ora Valley will take the lead management role with the RTA relating to the Wildlife Linkage Crossing Study; and WHEREAS, the information to be provided by this study is necessary to complete the design concept report for roadway construction improvements that are currently planned for these roadways, and will provide recornmendatians for wildlife crossings to guide future roadway design and roadway improvements. NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth, the Parties agree as follows: 1lLagal\sharefiles\Pubic WorksUGA'slMaranaand TOV RTA Wildlife Linkage aingllGATovm of Marana-TOV Wildlife Unkage Crossing Sludy 6-12-09,doc Regular Council Meeting -September 15, 2009 -Page 68 of 224 AGREEMENT I. Purpose. The purpose of this Agreement is to set forth the responsibilities of the Parties regarding the joint and cooperative effort between Marana and Oro Valley to produce a Wildlife Linkage Crossing Study for Tangerine Road from Interstate 10 (I-10) to La Canada Drive, and for La Cholla Boulevard from Tangerine Road to Overton Road. II. Scope of Work. This Agreement is applicable only to the tasks contained herein and shall not be extended to any other work except as listed in Exhibit "A". AGFD shall do everything necessary to produce the Wildlife Linkage Crossing Study specifically described in the attached Exhibit "A". III. Selection of Consultant. The work that is to be performed under this Agreement shall be completed by AGFD, hereinafter referred to as "Consultant," who has been selected and approved by the RTA Wildlife Committee for the agreed amount of $74,638.00. IV. Responsibilities of the Parties. 1. Oro Valley shall: A. Take the lead management role. B. Be the lead agency for management of the Consultant. C. Be the lead agency for funding the Wildlife Linkage Crossing Study through a separate agreement between Marana, Oro Valley and the RTA. D. Provide input and direction as to how the Wildlife Linkage Crossing Study progresses, how it is performed within the scope of the project boundaries - Exhibit "A", and review of submittals and final report of the Wildlife Linkage Crossing Study. 2. Marana shall: A. As an associate participant, provide input and direction as to how the Project relates to the Wildlife Linkage Crossing Study progress. B. Review all submittals from the Consultant and comment before final submittal and acceptance is completed. V. Termination. Any Party to the Agreement may terminate this Agreement for any reason by providing thirty (30) days written notice of such termination to the other Parties. Any such termination shall not relieve any Party from liabilities or costs already incurred under this Agreement. VI. Non-assignment. The Parties to this Agreement shall not assign its rights under this Agreement to any other Party. VII. Amendment(s). This Agreement may be, altered, amended, changed or modified by a duly executed instrument signed by all Parties. Regular Council Meeting -September 15, 2009 -Page 69 of 224 VIII. Construction and Interpretation. All provisions of this Agreement shall be construed to be consistent with the intention of the Parties as expressed in the recitals hereof. IX. Severability. In the event that any provision of this Agreement or the application thereof is declared invalid or void by statute ar judicial decision, such action shall have no effect on other provisions and their application, which can be given effect without the invalid or void provision or application, and to this extent the provisions of the Agreement are severable. In the event that any provision of this Agreement is declared invalid or void, the Parties agree to meet promptly upon request of the other Party in an attempt to reach an agreement on a substitute provision. X. Conflict of Interest. This Agreement is subject to the provisions of A.R.S. § 38- S 1 1, which provides for cancellation by a public body in certain instances involving conflicts of interest. XL Ownership of Improvements. Ownership and title to all materials submitted and performed as part of this Wildlife Linkage Crossing Study pursuant to this Agreement shall automatically vest equally in the Parties upon completion of the Project. XII. Legal Jurisdiction. Nothing in this Agreement shall be construed as either limiting or extending the legal jurisdiction of Marano or Oro Valley.. XIII. No Joint Venture. It is not intended by this Agreement to, and nothing contained in this Agreement shall be .construed to, create any partnership, joint venture or employment relationship between the Parties or create any employer-employee relationship between Marano or Oro Valley employees. The Parties shall not be liable for any debts, accounts, obligations or other liabilities whatsoever of the other, including (without limitation) the other Party's obligation to withhold Social Security and income taxes for itself or any of its employees. XIV. No Third Party Beneficiaries. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or effect the legal Liability of the Parties to the Agreement by imposing any standard of care different from the standard of care imposed by law. XV. Compliance fvith Lavvs. The Parties shall comply with all applicable federal, state and local laws, rules, regulations, standards and executive orders, without limitation to those designated within this Agreement. A. Anti-Discrimination. The provisions of A.R.S. § 41-1463 and Executive Order Number 49-4 issued by the Governor of the State of Arizona are incorporated by this reference as a part of this Agreement. Regular Council Meeting -September 15, 2009 -Page 70 of 224 B. Americans with Disabilities Act. This Agreement is subject to ail applicable provisions of the Americans with Disabilities Act {Public Law 101-336,42 U.S.C. 12101-12213} and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36. XVI. Waiver. Waiver by any Party of any breach of any term, covenant or condition herein. contained shall not be deemed a waiver of any other term, covenant or condition, or any subsequent breach of the wine or any other term, covenant, or condition herein. contained. XVII. NotifYCation. All notices or demands upon any Party to this Agreement shall be in writing, unless other forms are designated elsewhere, and shall be delivered in person or sent by mail addressed as follows: MARANA Jennifer Christelman Manager, Envirorunental Engineering Division Town of Marano 11555 W. Civic Center Drive Marano, AZ 85653 Phone: (520} 382-2600 Fax: (520) 382-2640 TTY (Teletype): (520} 382-3499 Barbara Johnson General Manager, Public Services Town of Marano 11555 W. Civic Center Drive Maraca, Arizona 85653 Cc: Frank Cassidy Town Attorney Tovni of Marano 11555 W. Civic Center Drive Marano, Arizona 85653 TOWN OF ORO VALLEY Phil Trenary, CFM Operations Division Manager Town of Oro Valley 1 i 000 N. La Canada Drive Oro Valley, Arizona 85737 Craig Civalier, P.E. Town Engineer Town of Oro Valley 11000 N. La Canada Drive Oro Valley, Arizona 85737 Cc: Tobin Rosen Town Attorney Town of Oro Valley ] 1000 N. La Canada Drive Ora Valley, Arizona 85737 XIX. Remedees. Any Party to this Agreement may pursue any remedies provided by law for the breach of this Agreement. No right or remedy is intended to be exclusive of any other right or remedy and each shall be cumulative and in addition to any other right or remedy existing at law or in equity or by virtue of this Agreement. XX. Entire Agreement. This instrument constitutes the entire. Agreement between the Parties pertaining to the subject matter hereof, and all prior or contemporaneous agreements and understandings, oral or ~n~itten, are hereby superseded and merged herein. Regular Council Meeting -September 15, 2009 -Page 71 of 224 IN WITNESS WHEREOF, the Tawn of Marano and Town of Oro Valley have caused this Agreement to be executed by the Mayor and Council of the Town of Marano and the Town of Ora Valley, upon resolution of the their respective Mayor and Council and attested to by the Clerk of the Town of Marano and Clerk of the Town of Oro Valley. TOWN OF MARANA Ed Honea, Mayor ATTEST: Jocelyn C. Bronson, Town Clerk Date: TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: Kathryn E. Cuvelier, Tawn Clerk Date: Regular Council Meeting -September 15, 2009 -Page 72 of 224 INTERGQVERNIVIENTAL DETERMINATION Pursuant to A.R.S. § 11-952, the attorney for the Tawn of Marano and the Town of Oro Valley, hereto have determined, for their respective clients, that the foregoing Agreement is in proper farm, and is within the powers and authority granted under the laws of this State. MARANA Frank Cassidy, Town Attorney TOWN OF ORO VALLEY Tobin Rosen, Tawn Attorney Date: Date: Regular Council Meeting -September 15, 2009 -Page 73 of 224 Wildlife Linkages Project RTA Wildlife Linkages Project Funding Proposal 1. NAME/ORGANIZATION Town of Oro Valley and Town of Marana 2. PROJECT TITLE Tangerine Road (Junction of La Canada Drive west to Interstate 10} and La Cholla Boulevard (Junction of Tangerine Road south to Overton Road) Wildlife Linkages 3. INTRODUCTION Proposal purpose The purpose of this proposal is to request RTA Wildlife Linkages funding to determine placement and type of wildlife linkages in the area of Tangerine Road {between La Canada Drive and Interstate 10} and in the area of La Cholla Boulevard (between Tangerine and Overton Roads; Figure 1}. This information is needed in order to complete the design concept report for roadway construction improvements that are currently planned for these roadways. In addition, these roadways have been identified by Oro Valley and Marana as bisecting one of the highest priority wildlife connectivity linkages within their respective townships. Specifically, this project will collect wildlife species location data from wildlife-vehicle collisions and tracks in order to identify potential sites and types of crossing structures for wildlife crossing mitigation. Project background The Town of Oro Valley and Marana are currently working on plans to develop the two lane Tangerine Road from La Canada Drive to Interstate 10 into a four lane divided highway. This project being planned is due to the high volume of traffic projected to use the roadway from new housing developments being constructed along the project area. In addition, plans to expand La Cholla Boulevard into a four lane roadway are underway because of the high commuter traffic volume along the roadway. There are concerns regarding motorist safety due to wildlife (e.g., Mule deer and Javelina) vehicular collisions attributable to the potential increase in vehicle volume and speed that may occur with these roadway improvements. However, information on the specific locations where wildlife species currently cross these roadways are lacking. A completion of identifying wildlife linkages along the project length is time-sensitive; recommendations need to be included before design progresses too far. Wildlife linkages background The project area outlined above has long been recognized as a critical link between the Tortolita Mountains and Santa Cruz River. In addition, the roadway bisects the Sonoran Desert Scrub that exists in northwest Tucson from that in Marana and Oro Valley. The Sonoran Desert Conservation Plan identified the Marana/Oro Valley corridor as one of six regional areas important for wildlife connectivity. The Town of Marana's Draft Habitat Conservation Plan has also identified wildlife corridors across Tangerine Road. Regular Council Meeting -September 15, 2009 -Page 74 of 224 These corridors are the recommendations of the Technical Biology Team (TBT; Figure 2}. The TBT has identified the corridors as critical connections across Tangerine; however, the types of structures and exact locations were not identified by this group. Therefore, incorporating appropriate wildlife linkage structures into the Tangerine Roadway project is critical for the maintenance of wildlife connectivity through this area. The wildlife crossing survey project will provide critical data to ensure that the crossing structures are properly designed and located in areas where they will be effective. Dr. Paul Beier, Northern Arizona University, has also identified wildlife crossings across Tangerine Road (which is a portion of this request for study) as important for wildlife linkages. Beier's work included different species then the Town was addressing for the Habitat Conservation Plan and the corridors were very consistent with one another. Please see Figure 3. The widening of Tangerine Raad will need to include wildlife crossings along these identified corridors, but it will also determine other locations that the wildlife may be using that will need fencing to another crossing. The land use in this area will be looked at to determine these crossing areas and structures. The Town of Marano completed a wildlife linkage study along Camino de Manana. This study then drove the design of the Camino de Manana widening project. The study was the justification for the addition of three additional pipe culverts for the crossing of small mammals and reptiles and the expansion of a conspan to accommodate the crossing of large mammals including mule deer. The Tawn of Marano has also received RTA funding for a wildlife linkage study for Twin Peaks Road over Rattlesnake Pass that will drive the future design for widening of this roadway. Ramifications of no action If funding is not approved for this project, Town engineers will be unable to provide recommendations to the design team for the incorporation of wildlife linkage structures into the design of this roadway project. This will lead to increased wildlife mortality and fragmentation of wildlife habitat in this area. Continual fragmentation of habitat leads to wildlife population declines and localized extinctions. 4.OBJECTIVES The objectives of this project are to: a. Identify the wildlife species within the identified project area; b. Identify wildlife crossing locations along the project length; and c. Establish wildlife linkage recommendations along the project length (such as recommendations on wildlife crossing structures, fences, plantings, median design, and speed limits}. 5. APPROACH We will survey the approximately 9.5-mile section of the currently paved roadway of Tangerine Road (i.e., from the intersection of La Canada Drive and Interstate 10) and the 3.5-mile section of roadway on La Cholla .Boulevard (i.e., from the intersection of Tangerine and Overton Roads}. We will employ three different survey methods in order to identify wildlife crossing areas: walking roadkill surveys, driving roadkill surveys, and track counts. Regular Council Meeting -September 15, 2009 -Page 75 of 224 ~ Walking Roadkill Surveys - We will examine three miles of roadway every survey day (twice per week) from April through September for wildlife mortalities (see Timeline below). This will enable us to cover each 1-mile roadway segment for 12 occasions throughout the life of the project. The survey will begin /z hour before sunrise in order to minimize the loss of wildlife mortalities due to scavenging. We will walk the paved road segment noting all road-killed wildlife by species and location (with the aid of GPS unit). The complete road right-of--way will be surveyed (i.e., the area between the two road boundary fences). All individual mortalities will be removed from the roadway once they are tallied. We will locate and map all current underpass structures within the Project Area, noting their type (e.g., 24" pipe culvert, 2'x4' cement lined box culvert, etc.) and size (length, width). Further examination of these road killed wildlife locations with respect to culvert type and size, and surrounding habitat will be described. Driving Roadkill Surveys -After completing the early morning walking roadkill surveys the remaining 10 miles of roadway not wallced that day will be surveyed with the use of two All Terrain Vehicles traveling less than 5 miles/hour along the shoulders of the roadway. Therefore, during a one week period driving surveys will be completed on two occasions (Monday and Thursday). All individual mortalities will be removed from the roadway once they are tallied. Track Count Surveys - We will employ wildlife track surveys to assess the movements of larger animals (i.e., animals prone to roadway mortality at a lower rate due to their lower numbers) across the Project Area. We will grade and read tracks on both sides of Tangerine and La Cholla roads every Monday and Thursday (past-walking roadkill surveys) where suitable conditions occur (e.g. not on rock outcroppings, on slopes > 30%, etc.). On either side of the roadway we will grade a 2 m swath of ground twice a week (i.e., after the tracks are read for that day). We will inspect the graded area on either side of the road for animals entering and leaving the roadway. All tracks will be raked clean after reading. These survey methods will enable us to document the weekly number of animals moving through the project area. Frequency histograms geo-referenced to a 100 meter roadway segment along the project area will be mapped into the fallowing categories for all roadkill and tracks identified: Amphibians, Lizards, Snakes, Small Mammals {i.e., < 450 grams), Large Mammals (e.g., Mule Deer, Javelina, Mountain Lions), and Birds. We will ground truth all high frequency concentration areas in order to identify the best location for underpass/fencing structures needed to pass those wildlife species identified. We will take into account all current and planned roadway drainage structures when selecting opportune locations for any wildlife underpass structures. After all roadway construction and wildlife mitigation structures are installed, we anticipate submitting a proposal to re-evaluate the roadway mortality within the Project Area. In addition to repeating the above mortality surveys and track counts post construction, this monitoring would involve the placement of remote digital motion sensed cameras and/or track plates along wildlife passage structures in order to evaluate Regular Council Meeting -September 15, 2009 -Page 76 of 224 their effectiveness. The extent of this post-construction monitoring research will be determined by the number of wildlife linkage structures incorporated into the final design and construction of this roadway project. 6. FINAL DELIVERABLES A final report will be prepared that addresses each of the objectives listed above. Design recommendations will be provided on the type and placement of wildlife mitigation structures needed within the project area. Recommendations will take into account current land use and development plans on adjacent lands bordering the roadway. The Arizona Game and Fish Department will work closely with both the Tawn of Oro Valley and Marana to provide any needed consultation on wildlife roadway enhancements (e.g., wildlife crossing structures, fencing design, etc.) recommended from the data collected and analyzed during the course of this project. 7. TIME TABLE Tenet Activity Late Winter Reconnaissance of survey areas (i.e., mark project area boundaries, clear all road killed _~__ ._ ___.~ _._~ r_... r wildlife from project area). e._ _ _ ~~ __ Spring, Summer, and Fall Perform wildlife mortality and track count surveys twice per week; determine wildlife use . along proposed road extension; analyze data __ ..,~ ~ .. R ~.~ ~ . ~~ ~ .~ _- and prepare draft. maps-and report _ _ ~_,~ ~~-~. _ - January 2010 Submit draft. report _ ~ _ _ _ _ _. ____ __.__ ~ _ ~ _ m _ .. ~. _. March 201.0 Submit final report I Subjeet to RTA approval process timeline 8. BUDGET SUMMARY Task 'Cost Project Coordination /Management 8 125 a Site Visits /Data collection and entry 5$,969 Data analysis and report writing (drafts and final} 10,544 Regular Council Meeting -September 15, 2009 -Page 77 of 224 ~ TOTAL RTA FUNDING REQUEST 74,638 Marana, Oro Valley and AGFD IN-HIND CONTRIBUTION 10,000 Town of Oro Valley ($5000) and Marana ($5000) In-Kind Administration (contracts administration, funding oversight and follow-up, review of preliminary findings and draft research report, field visits) AGFD In-Kind Contributions (Use of two All Terrain Vehicles and trailer-$5280, use of two road graders-$600, GPS units-$800) Total 6680 $16, 68Q (22% of Requested Funds) Regular Council Meeting -September 15, 2009 -Page 78 of 224 5 9. PRINCIPAL INVESTIGATORS/ORGANIZATIONAL EXPERIENCE Phillip Trenary, Operations Division Manager, Town of Oro Valley Jennifer Christelman, Environmental Engineering Division Manager, Town of Marano Michael F. Ingraldi, Ph.D., Arizona Game and Fish Department, Research Branch (23 years of experience in wildlife survey design and implementation} Shawn Lowery, Arizona Game and Fish Department, Research Branch (12 years of experience in wildlife surveys and monitoring throughout Arizona's deserts) David Grandmaison, M.S., Arizona Game and Fish Department, Research Branch (4 years of experience in wildlife connectivity research throughout Arizona) 10. LIST OF COOPERATORS The project is located in Pima County and the Pima County Department of Transportation has been involved with the initial formulation and discussion of this project. The Arizona Game and Fish Department and the U.S. Fish and Wildlife Service have been apprised of the project and have been involved with the formulation of project's study design. We will keep all interested and affected jurisdictions, agencies and parties well informed as this research and roadway project progresses. Pima County Department of Transportation 201 N. Stone Ave., 3'~ Floor Tucson, AZ 85701-1247 Arizona Game and Fish Department, Research Branch 5000 West Carefree Highway Phoenix, AZ 85086 U.S. Fish and Wildlife Service 201 N. Bonita Ave. Tucson, AZ $5745-2999 Town of Marano 11555 W. Civic Center Drive Marano, AZ 85653 Town of Oro Valley 11000 N. La Canada Dr. Oro Valley, AZ 85737 11. REFERENCES Ashley, E.P., Robinson, J.T., 1996. Road mortality of amphibians, reptiles and other wildlife on the Long Point Causeway, Lake Erie, Ontario. Canadian Field- Naturalist 110, 404--412. Regular Council Meeting -September 15, 2009 -Page 79 of 224 Beier, P.E., E. Garding, and D. Majka. 2006. Arizona missing linkages:Tucson - Tortolita -Santa Catalina Mountains linkage design. Report to AZ Game and Fish Department. School of Forestry, Northern Arizona University. Clevenger, A., P. Chruszez, and K. Gunson. 2001. Drainage culverts as habitat linkages and factors affecting passage by mammals. Joumal of Applied Ecology 3 8:1340- 1349. Fahrig, L., Pedlar, J.H., Pope, S.E., Taylor, P.D., Wegner, J.F., 1995. Effect of road traffic on amphibian density. Biological Conservation74, 177-182. Forman, R.T.T., Alexander, L.E., 1998. Roads and their major ecological effects. Annual Review of Ecology and Systematics 29, 207-231. Jackson, S. D. 2000. Overview of transportation impacts on wildlife movement and populations. Pages 7-20 in T. A. Messmer and B. West, editors. ~'Vildlife and Highways: seeking solutions to an ecological and socio-economic dilemma. The Wildlife Society, Bethesda, MD. Jones, M.E., 2000. Road upgrade, road mortality and remedial measures: impacts on a population of eastern quolls and Tasmanian devils. Wildlife Research 27, 289- 296. Lowery, S. and Blackman, S. 2006. Evaluation of wildlife crossings along the proposed expansion and realignment of Camino de Manana Lowery, S. and Blackman, S. 2007. Twin Peaks Road wildlife linkages research project Rattlesnake Pass, Marano, Arizona Mader, H.-J. 1984. Animal habitat isolation by roads and agricultural fields. Biology of Conservation 29:81-96. McKinney, T., and T. Smith. 2006. Distribution and trans-highway crossings of desert bighorn sheep in northwestern Arizona. Final Report to the Arizona Department of Transportation and the Federal Highway Administration, Arizona Game and Fish Department, Phoenix. McDonald, W., and C. C. St. Clair. 2004. Elements that promote highway crossing structure use by small mammals in Banff National Park. Journal of Applied Ecology 41:82-93. Palis, J.G., 1994. Rana urricularia (southern leopard frog) road mortality. Herpetological Review 25, 119. Regular Council Meeting -September 15, 2009 -Page 80 of 224 Rosen, P.C., Lowe, C.H., 1994. Highway mortality of snakes in the Sonoran desert of southern Arizona. Biological Conservation 68, 143-14$. Tigas, L. A., Van Vuren, D. H. and Sauvajot, R. M. 2002. Behavioral responses of bobcats and coyotes to habitat fragmentation and corridors in an urban environment. Biological Conservation 108: 299-306. Regular Council Meeting -September 15, 2009 -Page 81 of 224 Figure 1. Project area along Tangerine Road between La Canada Drive and Interstate 10 (approximately 9.5-miles of roadway) and La Cholla Boulevard between Tangerine and Overton Roads (3.5-miles of roadway). Regular Council Meeting -September 15, 2009 -Page 82 of 224 9 TOPO! map pnntcd on 11!19/OB from "Aft1ZON4.'TPO" and "Unntletl~Qg" s'r'° J;~-'.z x" , .~ t : ,~~ -, _-G,.,. :c~' ~~x ~~ !} :C ~^ /I *~ ~ .m, b 4 e ("~ Zone 1 Zone 2 Zone 3 Zone 4 ` Marana Mitigation Lands Proposed Corridors -••••~•~•~ 6cisting Corridors Existing development _- , Marana Town Limits/ . - HCP Planning Area --• County Line e.» ~ or. sa..ce: ,w ~, a.~..ano.e,.n,nw. ft'. U W4f_EmUVe~pPMCP'ff~~.Q Camw.rm 2ann Mb.mM ewe Bonn a ew.~. N MpE s C 0.5 1 2 3 -0~ Figure 2. Conceptualized wildlife corridors identified within the Tortolita Mountain / Tucson Mountain linkage area. Regular Council Meeting -September 15, 2009 -Page 83 of 224 1 ~ Tucson-3anta Catalina-Tortolita Mountain Wildlife linkage Design (ADOT-sponsored Arizona Wildlife Linkages Assessmenq 0 2.5 5 1 D Miles Legend Wlldllfe Llnksga Land Ownarshlp CATEGORY rv State Truet ' Forest H~E 8LM ~; ~ Local of SEite Parts g Private Wilderness Area .sue` :, Tortotita Mtn. ParioPreserve 0 Vk9ana l'~«.- Tina:un Figure 3. Beier's Wildlife linkage assessment map for Tortolita and Catalina Mountains. Regular Council Meeting -September 15, 2009 -Page 84 of 224 1 1 '~ ~~~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85b53 COUNCIL CHAMBERS, September 15, 2009, 7:00:00 PM To: Mayor and Council From: Terry Tometich ,Chief of Police Strategic Plan Focus Area: Progress and Innovation Item C 11 Subject: Resolution No. 2009-154: Relating to the Police Department; approving and authorizing the Chief of Police to execute a Data Access/Bxchange Agreement between the Town of Marano and the Arizona Department of Transportation Motor Vehicle Division regarding access to the Accident Location Information and Surveillance System (ALISS) database Discussion: The Arizona Department of Transportation (ADOT) Motor Vehicle Division (MVD) has recently restructured its Accident Location Information and Surveillance System (ALISS) database to offer new capabilities for law enforcement agencies in the submission, access and retrieval of crash records and crash data. The proposed item is a Data Access/Exchange Agreement that will allow authorized Town personnel to submit electronic crash records directly to the ALISS database, to access and retrieve pertinent crash data from the database and to run queries and retrieve crash data for the purposes of safety analysis from the database. This Agreement will allow for a quicker and more efficient exchange of information between the Marano Police Department and the MVD. ATTACHMENTS: Natne: ^ Reso re data acce..ss.-exchange agreement_w-MVD L0.016254~ DOC ^ EX A Data_Access-Exhang_e Agr..eement w~th_MVD (0001_6255j.pdf Staff Recommendation: Description: Resolution Exhibit A-Data AccesslExchange Agreement Staff recommends approval of the Data Access/Exchange Agreement. Suggested Motion: Type: Resolution Exhibit I move to approve Resolution No. 2009-154, approving and authorizing the Chief of Police to execute a Data Access/Exchange Agreement between the Town of Marano and the Arizona Department of Transportation Motor Vehicle Division regarding access to the Accident Location Information and Surveillance System database. Regular Council Meeting -September 15, 2009 -Page 85 of 224 MARANA RESOLUTION N0.2009-154 RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE CHIEF OF POLICE TO EXECUTE A DATA ACCESS/EXCHANGE AGREEMENT BETWEEN THE TOWN OF MARANA AND THE ARIZONA DEPARTMENT OF TRANSPORTATION MOTOR VEHICLE DIVISION REGARDING ACCESS TO THE ACCIDENT LOCATION INFORMA- TION AND SURVEILLANCE SYSTEM (ALISS) DATABASE WHEREAS the Town of Marana and the Arizona Department of Transportation Motor Vehi- cle Division desire to enter into a Data Access/Exchange agreement for the purpose of a more effi- cient exchange of crash records and crash data; 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 agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, AS FOLLOWS: SECTION 1. The Town Council hereby approves the Data Access/Exchange agreement be- tween the Town of Marana and the Arizona Department of Transportation Motor Vehicle Division, attached to and incorporated by this reference in this resolution as Exhibit A, and the Chief of Police is hereby authorized to execute it for and on behalf of the Town of Marana. SECTION 2. 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 data access/exchange agreement. PASSED, ADOPTED, and APPROVED by the Mayor and Council of the Town of Marana, Arizona, this IS`" day of September, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -September 15, 2009 -Page 86 of 224 {00016254.DOC /} '~ Arizona Department of Tira:nspor•t.at~on Motor Vehicle Division ~~~T 9.807 West Jefferson Street Phoenix, Arizona 85007 Janice K. Brewer Governor Stacy K. Stanton Division Director John S. Halikowski Interim Director DATA ACCESS /EXCHANGE AGREEMENT Date: August 5, 2009 Name of Department: Town of Marana Doing Business As: Town of Marana Business Address: 11555 W. Civic Center Drive Mailing Address: Mailing Address Telephone Number: (520) 382-2000 Town of Marana (AGENCY) hereby requests authorization for connectivity to the Arizona Department of Transportation's {ADOT) (check all that apply): ALTSS Database to submit electronic crash records. ®ALISS Database to access and retrieve crash data. ® Safety Data Mart to query, analyze and retrieve crash data. This Database Access Agreement complies with GITA Statewide Standard P740-5741, Standard 4.7.3, which states "A11 Budget Units shall establish a written Data Exchange Agreement with exchange entities/organizations. The agreement shall convey the purpose of the exchange, usage and non- disclosure of personal information, the classification and degree of sensitivity of the data, the application h system, data-set name, frequency, media, data-elements, security schemes, and final repository, as well as contact information." -.;The. AGENCY's specific access capabilities are fiuther described in the attached Addendum, which shallibe considered a part of this Agreement between AGENCY and ADOT. AGENCY understands and agrees that it shall only access the ALISS databases} in accordance with the terms and conditions set forth herein. If at any time ADOT believes AGENCY is using such access inappropriately, ADOT reserves the right to immediately terminate this Agreement and all corresponding access. Definitions "ADOT" means the Arizona Department of Transportation. "ALISS" means the Accident Location, Identification and Surveillance System. Regular Council Meeting -September t5, 2009 -Page 87 of 224 Version 2.0 "Authorized individuals" means those persons who are employed or contracted by AGENCY to perform the activities authorized hereunder.. "Connectivity" means to make and/or maintain a computer connection with ADOT for the purpose of performing the activities authorized under this agreement. "AGENCY" means Town of Marana. "Encrypt" means to scramble computerized information to secure data by using special algorithms for transmission or other purposes. "Personal Information" means information that identifies an individual, including an individual's name, photograph, social security number, driver license number, physical description, race, ethnic origin, sexual orientation, income, blood type, DNA code, fingerprints, marital status, religion, home address, home telephone number, education, financial matters, and medical or employment history readily identifiable to a specific individual but does not include information on vehicular accidents, driving violations, and driver's status. "RACF" means Resource Access Control Facility, which is a software security product that protects information by controlling access to it. "Secure location" means an area designated specifically for authorized individuals to access ADOT's database(s) and to which all unauthorized individuals shall be prohibited from entering. "Sensitive Information" means any state information either in detail or aggregate that may be prejudicial or harmful to the state and its citizens. Location of Activities AGENCY may conduct authorized activities only at those locations which have been pre-approved by ADOT. Any disapproval of location by ADOT must be based on reasonable cause. Equipment AGENCY shall obtain computer equipment and software that is compatible with the information systems and connectivity requirements of ADOT, and which will allow access only to the specific database(s) listed in the Addendum to this Agreement. Data Security AGENCY shall provide a secure Iocation for all computer equipment used to access ADOT's database(s). AGENCY shall provide access to ADOT's ALISS Database and/or Safety Data Mart only to AGENCY personnel or contractors who are authorized individuals, and to no one else. If at any time ADOT believes that an authorized individual is using such access inappropriately, ADOT reserves the right to immediately terminate that individual's database access and/or to terminate AGENCY authorization under this Agreement. Reeu a~ nn g~ ~~ii~Scil Meeting -September 15, 2009 -Page 88 of 224 AGENCY shall comply with all ADOT policies, .procedures and directives regarding security and database access, including any future amendments thereto. AIi subcontractors utilized. to perform the activities authorized by this Agreement must abide by the same security and access requirements as AGENCY. ' AGENCY must disclose and obtain ADOT approval of any existing and/or contemplated strategic alliances, partnerships, Intergovernmental Agreements or subcontracting arrangements that AGENCY has or will enter into which involve the processing and/or use of ADOT data acquired pursuant to this Agreement. AGENCY, its officers, agents, employees, contractors and representatives shall not, without the prior written approval of ADOT, disclose, distribute, or utilize in any manner not expressly authorized under this Agreement, any personal or sensitive information which is connected or otherwise associated with this Agreement, either during the term of this Agreement or subsequent to any termination of this Agreement. AGENCY shall maintain all hard copy information and electronic data related to this Agreement in a secure location at all times. Data Privacy AGENCY shall not utilize its computer connections purpose(sj specified in the Addendum to this Agreement. with ADOT for any purpose other than the Network Security AGENCY understands and agrees that any and all personal or sensitive information that it stores or transmits over external or public computer networks, such as the Internet, must be encrypted. AGENCY computers that are permanently or intermittently connected to internal computer networks must have an ADOT approved, password-based, access control system in order to access ADOT's database(s). This requirement applies to computers with direct connections to data centers, as well as AGENCY "wide area network." Regardless of the network connections, atl AGENCY computers which are used to access ADOT information must employ approved, password-based, access control systems. All in-bound connections to AGENCY computers from external networks must also be protected. All access control systems must utilise user-identifications (i.e. RACE ID's) and passwords unique to each user, aswell asuser-privilege restriction mechanisms. Password sharing is prohibited. Non-exclusivity This Agreement shall not preclude ADOT from entering into the same or similar Agreement with other public or private entities, including those performing identical or similar functions as AGENCY. Notification AGENCY shall assign a contact person for problem resolution and notification of procedural changes. AGENCY shall advise ADOT within two business days of any change in its designated contact person. u~~OQncil Meeting -September 15, 2009 -Page 89 of 224 All notices or demands upon either party shall be in writing and an original shall be delivered in person, or sent by mail addressed as follows: To ADOT at: To AGENCY at: Motor Vehicle Division Traffic Records Section ATTN: John Riemer 206 S. 17~` Ave,.Mail Drop 064R Phoenix, AZ 85007-3233 Records Town of Marana 11555 ~V. Civic Center Drive Marana, AZ 85653 Contact: Rick Brown Faz: 520.382.2069 AGENCY shall retain all books, papers, records, electronic data, and accounting records kept manually or electronically .relating to this Agreement for a period of three (3) years, or such greater or lesser time as may be required by state law, rule, or the ADOT Records Retention Schedule. Such records shall be subject to inspection and audit by.authorized representatives of ADOT (or by any law enforcement agency) at all times during the term of the Agreement. All records existing at the time of completion or termination of this Agreement shall also be retained for a period of three years and shall be subject to inspection and audit by authorized representatives of ADOT (or by any law enforcement agency) during that three year period. It is further agreed that ownership of all records relating to this Agreement resides with ADOT. Compliance AGENCY shall comply with alI of the terms set forth in this Agreement, together with all applicable state statutes, rules, and regulations. AGENCY shall also comply with all relevant ADOT policies, procedures and directives that ADOT provides to AGENCY throughout the course of this Agreement. All AGENCY subcontractors are held to the same compliance standards, and any failure to comply on • the part of the subcontractor will be deemed a failure on the part of AGENCY. Non-compliance If AGENCY fails to comply with the terms of this Agreement, or with any applicable law, rule or regulation, ADOT reserves the right to take any remedial action that it deems necessary and appropriate, is including the suspension, cancellation, revocation, or termination of this Agreement. In case of a violation of lave, the Agreement shall immediately terminate. Amendment and Modification of A reement AGENCY shall accept any modification of the Agreement for reasonable cause, if set forth in writing and deemed necessary by ADOT. Upon the amendment of any applicable law, rule or regulation, the Agreement shall automatically be modified to reflect such amendment. Any modification of the Agreement shall be incorporated herein and shall be subject to all other provisions of this Agreement. AGENCY may subnut a written request to ADOT if there are any changes it desires be made to the Agreement, and such a request shall be approved or denied at ADOT's sole discretion. aegu~a ~~ui~cil Meeting -September 15, 2009 -Page 90 of 224 Termination Either party may terminate this Agreement for convenience or cause upon thirty (30) days prior written notice to the other party. Upon any ternunation of this Agreement, AGENCY shall, at ADOT's request, remove and deliver to MVD all electronic data stored on any electronic storage devices and shall immediately return all other data and information received in connection herewith to ADOT. This Agreement is subject to cancellation by the Governor pursuant to A.R.S. §38-511, or by ADOT far cause and without prior notice if the public interest so requires. Waiver/Severability AGENCY agrees that a waiver of any provision of this Agreement shall not act as a waiver of any other provision of this Agreement. If a provision of this Agreement is for any reason declared invalid, illegal, or unenforceable, that declaration shall not affect the remainder of the provisions of the Agreement. Du This Agreement shall commence upon approval by the Assistant Division Director, Executive Services Group and execution by both parties, and shall thereafter continue in effect for a term of three (3) years, unless previously terminated or canceled as provided herein. Upon expiration of this three-year period, the parties may mutually agree to extend the term of the Agreement for another three (or fewer) years by entering into a "Joint Letter of Renewal." Liabili Each party (as "indemnitor") agrees to indemnify, defend and hold harmless the other party (as "indemnitee") from and against any and all claims, losses; liability, costs or expenses (including reasonable attorney's fees) (hereinafter collectively referred to as "claims") arising out of bodily injury of any person (including death) or property damage, but oiily to the extent that such claims which result in vicarious/derivative liability to the indemnitee are caused by the act, omission, negligence, misconduct, or other fault of the indemnitor; its officers; officials, agents, employees, or volunteers. Certification On behalf of AGENCY identified below, I hereby request approval of this Agreement. I certify that all of the information set forth herein by AGENCY is true and accurate, and that any records or information obtained from ADOT's database(s) and system(s) pursuant to this Agreement will be used solely for the purpose(s) specified in the Addendum to this Agreement, and for no other purposes. I further certify that I have the authority to execute this Agreement on behalf of AGENCY. I understand that AGENCY must abide by the provisions of this Agreement if approved by the .Assistant Division Director, Executive Services Group and executed by both parties. f~G~oQncil Meeting -September 15, 2009 -Page 91 of 224 Town of Marana Signature Name Printed Title Date For ADOT USE ONLY Received this date Signed R~aP~c3uRcil Meeting -September 15, 2009 -Page 92 of 224 6 3. AUTHORIZATION On behalf of the Arizona Department of Transportation, the authorization requested by Town of Martina pursuant to this Agreement (including the attached Addendum) is hereby approved. DATED THIS DAY OF ~ Zp Motor Vehicle Division/Executive Services Group George Delgada Assistant Division Director, Motor Vehicle Division/Executive Services Group Arizona Department of Transportation ' ~ ~ncil Meeting -September 15, 2009 -Page 93 of 224 7 AGREEMENT ADDENDUM THIS ADDENDUM is made and entered into pursuant to A.R.S. §§28-401 et seq.. and §28-450, and with GITA Statewide Standard P740-5741, Standard. 4.7.3, as part of the foregoing Data Access / Exchange Agreement between the Arizona Department of Transportation (ADOT) and the Town of Marana (AGENCY). I. ADOT <grants/does not grant> .AGENCY authorization to access its ALISS Database via approved. direct program-to-program interactions over an approved persistent connection and to thereby submit electronic crash records information contained in such databases according to the terms and conditions stated in this Agreement. Electronic crash records shall be submitted no more than once per day. II. ADOT <grants/does not grant> AGENCY authorization to access its ALISS Database via an approved secure gateway and with two-factor authentication to retrieve pertinent crash records data including. vehicle information according to the terms and conditions stated in this agreement. III. ADOT <grants/does not grant> AGENCY authorization to access its Safety Data Mart via an approved secure gateway and with user identifications and passwords unique to each user to run queries and retrieve crash data strictly for the purposes of safety analysis and in accordance- with the terms and conditions stated in this agreement. Data query and retrieval may be done on an as- needed basis. The foregoing Agreement and Addendum are mutually agreed to: Motor Vehicle Division/Executive Services Group Town of Marana Signature George Delgado Name Printed Assistant Division Director Title Signature Name Printed Title Date RB~~~~ttcil Meeting -September 15, 2009 -Page 94 of 224 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, September 15, 2009, 7:00:00 PM To: Mayor and Council Item C 12 From: Terry Tometich ,Chief of Police Strategic Plan Focus Area: Community Building Subject: Resolution No. 2009-155: Relating to the Police Department; approving and authorizing the Chief of Police to execute a Task Force agreement between the Marana Police Department and the United States Department of Justice, Drug Enforcement Administration Discussion: In March 2005, the Marana Police Department (MPD) teamed up with the United States Department of Justice Drug Enforcement Administration (DEA) as a member of the DEA Tucson Task Force. As a part of a task force agreement, MPD assigned experienced Marana Police Department officers to participate as members of the DEA Tucson Task Force. The mission of the Task Force is to disrupt illicit drug traffic in the State of Arizona by immobilizing targeted violators and trafficking organizations, gathering and reporting intelligence data related to drug trafficking, conducting undercover operations where appropriate and engaging in other traditional methods of investigation. This item will authorize Chief Terry Tometich to execute a renewal of the task force agreement between the parties to continue the Marana Police Department's participation in the efforts to stop drug trafficking in Arizona. ATTACHMENTS: Natne: Description: ^ Reso re 2009 MPD DEA task Resolution force agreement (00016.429).DOC Type: Resalut[an ^ EX A Task_Force Ac~reem_ent b-w DEA and MPD Exhibit A-Task Force Agreement Exhibit (Q0016428~pdf Staff Recommendation: Staff recommends approval of Resolution No. 2009-155, approving and authorizing the Chief of Police to execute the task force agreement between MPD and DEA. Suggested Motion: I move to approve Resolution No. 2009-155, approving and authorizing the Chief of Police to execute a Task Force agreement between the Marana Police Department and the United States Department of Justice, Drug Enforcement Administration. Regular Council Meeting -September 15, 2009 -Page 95 of 224 MARANA RESOLUTION N0.2009-155 RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE CHIEF OF POLICE TO EXECUTE A TASK FORCE AGREEMENT BETWEEN THE MARANA PO- LICEDEPARTMENT AND THE UNITED STATES DEPARTMENT OF JUSTICE, DRUG EN- FORCEMENT ADMINISTRATION WHEREAS evidence has shown that trafficking in narcotics and dangerous drugs exists in the Pima County area; and WHEREAS the United States Department of Justice, Drug Enforcement Administration has established a DEA Tucson Task Force whose mission is to investigate, prosecute and disrupt illicit drug trafficking in the State of Arizona; and WHEREAS the Town of Marana, through its Police Department and the United States De- partment of Justice, Drug Enforcement Administration desire to renew an agreement providing for the Marana Police Department's continued participation in the DEA Tucson Task Force; and WHEREAS, the Mayor and Council of the Town of Marana feel it is in the best interests of the public to renew this agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the agreement between the Marana Police Department and the United States Department of Justice, Drug Enforcement Administration, attached to and incorporated by this reference in this resolution as Exhibit A, is hereby approved, and the Chief of Police is hereby au- thorized 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 task force agreement. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 15th day of September, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -September 15, 2009 -Page 96 of 224 {00016429.DOC /} TASK FORCE AGREEMENT BETWEEN DRUG ENFORCEMENT ADMINISTRATION AND 112ARANA POLICE DEPARTMENT This agreement is made this 30th day of September, 2009, between the United States Department of Justice, Drug Enforcement Administration (hereinafter "DEA"), and Marana Police Department (hereinafter "MPD"). WHEREAS there is evidence that trafliicking in narcotics and dangerous drugs exists in the area and that such illegal activity has a substantial and detrimental effect on the health and general welfare of the people of the State of Arizona, the parties hereto agree to the following: 1. The DEA Tucson Task Force will perform the activities and duties described below: a. disrupt the illicit drug traffic in the State of Arizona by immobilizing targeted violators and trafficking organizations; b. gather and report intelligence data relating to trafficking in narcotics and dangerous drugs; and, c. conduct undercover operations where appropriate and engage in other traditional methods of investigation in order that the Task Force's activities will result in effective prosecution before the courts of the United States and the State of Arizona. 2. To accomplish the objectives of the DEA Tucson Task Force, the MPD agrees to detail one experienced officer to the DEA Tucson Task Force for a period of not less than two years. During this period of assignment, the MPD Officer will be under the direct supervision and control of DEA supervisory personnel assigned to the Task Force. 3. The MPD Officer assigned to the Task Force shall adhere to DEA policies and procedures. Failure to adhere to DEA policies and procedures shall be grounds for dismissal from the Task Force. 4. The MPD Officer assigned to the Task Force shall be deputized as a Task Force Officer of DEA pursuant to 21 U.S.C. 878. To accomplish the objectives of the DEA Tucson Task Force, DEA will assign a significant number of Special Agents to the Task Force. DEA will also, subject to the availability of annually appropriated funds or any continuing resolution thereof, provide necessary funds and equipment to support the activities of the DEA Special Agents and Regula~~~~~~ti~Ii~~ t~~~s1~~~c~~~f~I?e`~ment Officer assigned to the Task Force. This support will include: office space, office supplies, travel funds, funds for the purchase of evidence and information, investigative equipment, training, and other support items. During the period of assignment to the DEA Tucson Task Force, the MPD will remain responsible for establishing the salary and benefits, including overtime, of the officer assigned to the Task Force, and for making all payments due them. DEA will, subject to availability of funds, reimburse the MPD for overtime payments made by it to the MPD officer assigned to the DEA Tucson Task Force for overtime, up to a sum equivalent to 25 percent of the salary of a GS-12, Step 1, (RUS) Federal employee (currently $16,903.25), per officer. 7. In no event will the MPD charge any indirect cost rate to DEA for the administration or implementation of this agreement. 8. The MPD shall maintain on a current basis complete and accurate records and accounts of all obligations and expenditures of funds under this agreement in accordance with generally accepted accounting principles and instructions provided by DEA to facilitate on-site inspection and auditing of such records and accounts. 9. The MPD shall permit and have readily available for examination and auditing by DEA, the United States Department of Justice, the Comptroller General of the United States, and any of their duly authorized agents and representatives, any and all records, documents, accounts, invoices, receipts or expenditures relating to this agreement. The MPD shall maintain all such reports and records until all audits and examinations are completed and resolved, or for a period of three years after termination of this agreement, whichever is sooner. 10. The MPD shall comply with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, as amended, and all requirements imposed by or pursuant to the regulations of the United States Department of Justice implementing those laws, 28 C.F.R. Part 42, Subparts C, F, G, H, and I. 11. The MPD agrees that an authorized officer or employee will execute and return to DEA the attached OJP Form 4061/6, Certification Regarding Lobbying: Debarment, Suspension and Other Responsibility Matters; and Drug-Free Workplace Requirements. The MPD acknowledges that this agreement will not take effect and no Federal funds will be awarded to the MPD by DEA until the completed certification is received. 12. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part with Federal money, the MPD shall clearly state: (1) the percentage of the total cost of the program or project which will be financed with Federal money; and, (2) the dollar amount of Federal funds for the project or program. Regul~r~gy~~lilpg~ii~~~islP~ Afgl~ment 13. The term of-this agreement shall be from the date of signature by representatives of both parties to September 30, 2010. This agreement may be terminated by either party on thirty days' advance written notice. Billings for all outstanding obligations must be received by DEA within 90 days of the date of termination of this agreement. DEA will be responsible only for obligations incurred by MPD during the term of this agreement. For the Drug Enforcement Administration: ELIZABETH W. KEMPSHALL Special Agent in Charge Date For the Marana Police Department: TERRY TOMETICH Chief of Police Date Attachment Reg u1~6u1v~aQt~Igk6~~r~~sl~gec~9~A~~ment U.S. DEPARTMENT OF JUSTICE ~ OFFICE OF JUSTICE PROGRAMS - OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT SUSPENSION AND , OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this from. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying" and 28 CFR Part 67, "Government-wide Department and Suspension (Nonprocurement) and Government-wide Requirements for Drug-Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon reliance will be placed when the Department of Justice determines to award the covered Transaction, grant, ar cooperative agreement. 1. LOBBYING public (Federal, State, or local) transaction or contract under a As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for ersons entering into a r t ti Public transaction; violation of Federal or State antftrust statutes or commission of embezzlement theft forgery, bribery, falsification or destruction of records, making false an or coopera ve agreement over 100,000, as defined at 8 CFR Part 69, the applicant certifies that: statements, or receiving stolen property; a No Federal a ro Hate funds have been aid or will be () P P P ~ ppaid, by ar on behalf of the undersigned to any person for in- (c), Are not presently indicted for or otherwise criminally or civil) charged by a governmental entity {Federal, State, or ~ , fluencing or attempting to influence an officer or employee of loca with commission of any of the offenses enumerated in h any agency, a Member of Congress, an officer or employee of paragrap (1)(b) of this certification; and Congress, or an employee of a Member of Congress in con- nection with the making of any Federal grant,, the entering into (d) Have not within athree-year period preceding this applica- )lion had one or more public transactions (Federal State or of any cooperative agreement, and extension, continuation, renewal, amendment, or modification of any Federal grant or , , , I~al) terminated for cause or default; and cooperative agreement; B. Where the applicant is unable to certify to any of the b If an funds other than Federal a ro Hated funds have () ~' PP P , statements in this certification, he or she shall attach an explanation to this application been pard ar will be paid to any person for influencing or at- . tempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congr ss or , e , an employes of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall 3. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities;' in accordance with its instructions; As required by the Drug-Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees as d (~c The undersigned shall require that the lan uage of this cer- fi~cation be included in the award documents ~or all subawards efined at 28 CFR Part 67 Sections 67.615 and 67.ti20- at all tiers (including subgrants, contracts under grants and A. The applicant certifies that it will or wilt continue to provide a drug-free workplace by: cooperative agreements, and subcontracts) and that all sub- i i t h rec p en s s alt certify and disclose accordingly. (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing,, possession, or use of a controlled substance is prohibited in the grantee's 2. DEBARMENT SUSPENSION AND OTHER RESPONSIBILITY MATTERS workplace and specifying the actions that will be taken against l f l (DIRECT RECIPIENT) emp oyees or vio ation of such prohibition; As required by Executive Order 12549, Debarment and (b) Establishing an on-going drug-free awareness program to in orm employees about- Suspension, and implemented at 28 CFR Prt 67, for prospec- tive partiapants in prima covered transactions, as defined at 28 CFR Part 67, Section 6.510- (1) The dangers of drugs abuse in the workplace; A. The applicant certifies that it and its principals: (2) The grantee's policy of maintaining adrug-free workplace; (a) Are not present) ,debarred, sus ended ro osed for debar- P ~ P P (3) Any available drug counseling, rehabilitation, and employee assistance programs; and ment declared ine ~gible sentenced to a denial of Federal benefits by a State or federal court, or voluntarily excluded from covered transactions by any Federal de artment (4) The penalties that may, be imposed upon employees for p or agency; drug abuse violations occurring in the workplace; b Have not within athree- ear eriod recedin this a lica- (() Y P 9 PP fion been convicted of or had a civil judgment rendered against {c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the state- t i them for commission of fraud or a criminal offense in connec- men requ red by paragraph (a); tionwith obtaining, attempting to obtain, or performing a (d} Notifyin the employee in, the statement required by paragra h ~a) that as a condition f l t d th p , o emp oymen un er e rant th l ill g , e emp oyee w - OJP FReg^ula~Co/un~~l M1~etRing - SeptembeP 15 Z0694~age'1IlUO~12"4"D 4061/4 WHICH ARE OBSOLETE. (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e Notifying, the agency, in writing, within 10 calendar days a er receiving notice under subparagraph (d (2) from an employee or otherwise receiving actual notice of such convic- tion. Employers of.convicted employees must provide notice including position title, to: Department of Justice, Office of Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W.R Washington D.C. 20531. Notice shall include the iden- tification number(s~ of each affected grant; (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted- (1) Taking appropriate personnel action against such an employee, up o and including termination consistent with the requirements of the Rehabilitation Act of 19f3, as amended; or (2) Requiring such employee ,to„participate satisfactorily in a drug abuse assistance or rehab~li tion program approved for such purposes by a Federal, State, or local health, law enforce- ment, or other appropriate agency; (g) Making a good faith effort to continue to maintain adru - frree work lace through implementation of paragraphs (a), (b~, (c), (d), {e~, and (f). B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, country, state, zip code) DEA TUCSON DISTRICT OFFICE 3285 East Hemisphere Loop Tucson, Arizona 85706 Check ^ if there are workplace on file that are not identified here. Section 67,.630 of the regulations provides that a grantee that is a State may elect to make one certification in each Federal fiscal year. A copy of which should be included with each ap- plication for Deppartment of Justice funding. States and State agencies may elect to use OJP Form 4061/7. Check ^ if the State has elected to complete OJP Form 4061/7. DRUG-FREE WORKPLACE (GRANTEES WHO ARE INDIVIDUALS) As required by the Drug-Free Workplace Act of 1988, and im lemented at 28 CFR Part 67, Subpart F, for grantees, as de~ned at 28 CFR Part 67; Sections 67.615 and 67.620- A. As a condition of the grant . I certify that f will not engage in the unlawful manufacture r~istribution, dispensing, posses- sion, or use of a controljed substance in condition any activi#y with the grant; and B. If convinced of a criminal drug offense resulting from a violation occurring during the conduct of anyy grant activ'riy will report the conviction, in writing, within 10 calendar days of the conviction, to: Department of Justice, Office of Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531. As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. 1. Grantee Name and Address: MARANA POLICE DEPARTMENT 11555 West Civic Center Drive, Bldg. B Marana, Arizona 85653 2. Application Number and/or Project Name 3. Grantee IRS/Vendor Number TERRY TOMETICH, CHIEF 4. Typed Name and Title of Authorized Representative 5. Signature 6. Date Regular Council Meeting -September 15, 2009 -Page 101 of 224 ~~ ~~ ,~., d .~..., 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, September I5, 2009, 7:00:00 PM To: Mayor and Council Item C 13 From: Scott Lesko , CIP Engineering Division Manager Strategic Plan Focus Area: Commerce, Community Building Subject: Resolution No. 2009-156: Relating to Public Works; approving and authorizing the Mayor to execute an Intergovernmental Agreement with the Arizona Department of Transportation relating to authorized appropriations for the American Recovery and Reinvestment Act of 2009 for three pavement preservation .projects Discussion: Congress has authorized appropriations for the American Recovery and Reinvestment Act of 2009 (the ARRA) for the disbursement of funds and investment in certain projects, including but not limited to, roads bridges, mass transit, energy efficient buildings, flood control, clean water and other infrastructure projects to save and create jobs for long term growth and stability. The work proposed under the IGA proposed to be approved by this item consists of approximately eight miles of pavement preservation, to include fog seal, chip-seal roadway surfaces, mill, and overlay existing roadway surfaces, on Rattlesnake Pass (from Silverbell Road to Conveyor Road), Tangerine Road (from I-10 to Thornydale Road), and Sandario Road (from Moore Road to Marano Road). Financial Impact: Barring unforeseen right-of--way issues, there will be no financial impacts for the design and construction of these pavement sections. The federal government has approved disbursement of $3.7 million to the Town of Marano for this project. The Town will not be reimbursed for Town staff management and implementation of the project. ATTACHMENTS: Name: Description: Type: ~ JPA-ARRA Overlay_Projects Resolution (06016444-2),_DOC Reso Approving ADOT ARRA Pavement Preservation IGA Resolution ^ EX A JPA 09-059-Dist T--Town of Marano-SS742RRD-ARRA.doc Exh A to Reso: ADOT ARRA IGA Exhibit Staff Recommendation: Staff recommends approval of Resolution No. 2009-156. Suggested Motion: I move to approve Resolution No. 2009-156, approving and authorizing the Mayor to execute the Intergovernmental Agreement with the Arizona Department of Transportation relating to ARRA funding for Town pavement preservation projects. Regular Council Meeting -September 15, 2009 -Page 102 of 224 MARANA RESOLUTION N0.2009-156 RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH THE ARIZONA DEPARTMENT OF TRANSPORTATION RELATING TO AUTHORIZED APPROPRIATIONS FOR THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 FOR THREE PAVEMENT PRESERVATION PROJECTS WHEREAS the state is empowered by the Arizona Revised Statutes section (A.R.S. §) 28-401 to enter into agreements relating to authorized appropriations for the American Recovery and Reinvestment Act of 2009 (the ARRA); and WHEREAS the Town of Marana is empowered by A.R.S. § 9-240 to enter into agreements with the state and other government entities to carry out joint and cooperative actions; and WHEREAS Congress has authorized appropriations for the ARRA for the disbursement of funds and investment in certain projects, including but not limited to roads, bridges, mass transit, en- ergyefficient buildings, flood control, clean water and other infrastructure projects to save and create jobs for long term growth and stability; and WHEREAS the work proposed under the agreement addressed by this .resolution consists of approximately eight miles of pavement preservation, including chip-sealing, milling, and overlaying existing roadway surfaces on Twin Peaks Road at Rattlesnake Pass (from Silverbell Road to Con- veyor Road), Tangerine Road (from I-10 to Thornydale Road), and Sandario Road (from Moore Road to Marana Road); and WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests of the citizens to enter into this intergovernmental .agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the intergovernmental agreement between the Town of Marana and the State of Arizona 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 intergovernmental agreement. Regulq~~~~~~i~Q~mber 15, 2009 -Page 103 of 224 _ 1 - IGA ADOT-ARRA PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 15~' day of September, 2009. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Reguly~~~~~~i~6~e~mber 15, 2009 -Page 104 of 224 _ 2 - IGA ADOT-ARRA ADOT File No.: IGA/JPA 09-059I AG Contract No.: P001 2009 003028 Project No.: Project: Pavement Preservation Section: Rattlesnake Pass-Various Roads TRACS No.: SS742 RRD / 01C Budget Source Item No.: ARRA INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND TOWN OF MARANA THIS AGREEMENT is entered into this date , 2009, pursuant to the Arizona Revised Statutes § 11-951 through 11-954, as amended, between the STATE OF ARIZONA, acting by and through its DEPARTMENT OF TRANSPORTATION (the "State") and the TOWN OF MARANA, acting by and through its MAYOR and TOWN COUNCIL (the "Town"). The State and the Town are collectively referred to as "Parties". RECITALS 1. The State is empowered by Arizona Revised Statutes § 28-401 to enter into this Agreement and has delegated to the undersigned the authority to execute this Agreement on behalf of the State. 2. The Town is empowered by Arizona Revised Statutes § 9-240 to enter into this Agreement and has by resolution, a copy of which is attached hereto and made a part hereof, resolved to enter into this Agreement and has authorized the undersigned to execute this Agreement on behalf of the Town. 3. Congress has authorized appropriations for the American Recovery and Reinvestment Act of 2009 (ARRA 2009) for the disbursement of funds and investment in certain projects, including but not limited to, roads, bridges, mass transit, energy efficient buildings, flood control, clean water and other infrastructure projects to save and create jobs for long term growth and stability 4. The work proposed under this Agreement consists of approximately eight (8) miles of pavement preservation, to include fog seal, chip-seal roadway surfaces and mill and overlay existing roadway surfaces, at Rattlesnake Pass (from Silverbell Road to Conveyor Road), Tangerine Road (from I-10 to Thornydale Road) and Sandario Road (from Moore Road to Marana Road), hereinafter referred to as the "Project". The State shall advertise, bid and award the Project. 5. Such Project lies within the boundary of the Town of Marana and has been selected by the Town; the survey of the Project has been completed; and the plans, estimates and specifications will be prepared and, as required, submitted by the State to the Federal Highway Administration (FHWA) for its approval. 6. The interest of the State in this project is the acquisition and distribution of ARRA/Recovery Act Funds for the use and benefit of the Town and to authorize such ARRA/Recovery Act Funds for the project pursuant to Federal law and regulations. The State shall be the designated agent for the Town. Regular Council Meeting -September 15, 2009 -Page 105 of 'HIBIT A Page 2 IGA/JPA 09-059I 7. The ARRA/Recovery Act Funds will be used for the design and construction of the project, including the construction engineering and administration cost (CE). The current Project costs are as follows: TRACS No. SS742 RRD/01C ARRA/Recovery Act Funds (Maximum Available) $3,700,000.00 *TOTAL Project Costs *(Ir-cludes CE and project contingencies) $3,700,000.00 The parties acknowledge that the eventual actual cost may exceed the estimate, and such case the Town is responsible for any and all costs exceeding the estimate, upon mutual consent. THEREFORE, in consideration of the mutual Agreements expressed herein, it is agreed as follows: II. SCOPE OF WORK 1. The State will: a. Prepare and provide design plans, specifications and other such documents and services required for the construction bidding and construction of the Project and incorporate comments from the Town as appropriate. b. On behalf of the Town, perform work and prepare documents required by the FHWA to qualify certain projects for and to receive ARRA/Recovery Act Funds. Such work may consist of, but is not specifically limited to, the review and approval of the prepared environmental documents; the preparation of the analysis requirements for documentation of environmental categorical exclusion determinations; review of reports, design plans, maps, and specifications; geologic materials testing and analysis; right-of-way related activities and such other related tasks essential to the achievement of the objectives of this Agreement. c. Upon approval by the FHWA, and with the aid and consent of the Town and FHWA, proceed to advertise for, receive and open bids subject to the concurrence of the FHWA and the Town. The State will enter into a contract(s) with a firm(s) to whom the award is made for the construction of the Project. Administer contracts(s) for the Project and make all payments to the contractor(s). Be responsible for contractor claims for additional compensation caused by the Project delays attributable to the State. d. Enter into a Project Agreement with FHWA on behalf of the Town covering the work encompassed in said construction contract and will request the maximum ARRA/Recovery Act Funds available, including construction engineering and administration costs. Should costs exceed the maximum ARRA/Recovery Act Funds available, it is understood and agreed that the Town will be responsible for any excess cost not covered by ARRA/Recovery Act Funds. e. Not be obligated to maintain said Project, should the Town fail to budget or provide for proper and perpetual maintenance as set forth in this Agreement. f. Upon completion of the Project and receipt of request by the Town, provide an electronic version of the as-built plans to the Town of Marana, CIP Engineering Division Manager. Regular Council Meeting -September 15, 2009 -Page 106 of ~~XIIIBIT A Page 3 2. The Town will: IGA/JPA 09-059I a, Upon execution of this Agreement, designate the State as authorized agent for the Town b. Review the design documents required for construction of the Project and provide comments to the State as appropriate. c. Certify that all necessary rights-of-way have been or will be acquired prior to advertisement for bid. Hereby also certifies that all obstructions or unauthorized encroachments of whatever nature, either above or below the surface of the Project area, shall be removed from the proposed right-of-way, or will be removed prior to the start of construction. d. Not permit or allow any encroachments upon or private use of the right-of-way, except those authorized by permit. In the event of any unauthorized encroachment or improper use, the Town shall take all necessary steps to remove or prevent any such encroachment or use. e. Grant the State, without charge, cost or additional documents and agreements, permission to enter Town lands as required to conduct all construction and pre-construction activities related to the Project, including and without limitation, temporary construction easements, or temporary right-of-entry. f. Be responsible for any and all costs attributable to any engineering change orders requested by the Town not covered by ARRA/Recovery Act Funds. The Town will also be responsible for contractor claims for additional compensation caused by Project delays attributable to the Town. g. Provide for cost and, as an annual item in the Town's budget, proper maintenance of the Project, including all of the Project components. h. Pay the State full compensation for all penalties, assessments or sanctions of any kind resulting from any failure to comply with any ARRA/Recovery Act requirement, including but not limited to, auditing, reporting and monitoring the project and its costs. in writing. Upon completion of the Project, agree to accept and assume full responsibility of said Project j. Upon completion of the Project, request from the State an electronic version of the as-built plans be forwarded to the Town of Marana, CIP Engineering Division Manager. III. MISCELLANEOUS PROVISIONS 1. The terms, conditions and provisions of this Agreement shall remain in full force and effect until completion of said Project, except. any provisions for maintenance/electrical power and/or landscaping maintenance shall be perpetual by the Town. Further, this Agreement may be cancelled at any time prior to advertisement of the project construction contract, upon thirty days (30) written notice to the other party. It is understood and agreed that, in the event the Town terminates this Agreement, the State shall in no way be obligated to maintain said Project. It is further understood and agreed that, in the event the State terminates this Agreement, the Town shall in no way be obligated to complete said Project. 2. The State assumes no financial obligation or liability under this Agreement, or for any resulting construction Project. The Town, in regard to the Town's relationship with the State only, assumes full responsibility for the design, plans, specifications, reports, the engineering in connection therewith and the construction of the improvements contemplated, cost over-runs and construction claims. It is understood and agreed that the State's participation is confined solely to securing federal aid on behalf of the Town and the fulfillment of any other responsibilities of the State as specifically set forth herein; that any damages arising from carrying out, in any respect, the terms of this Agreement or any modification thereof shall be the liability of the Town and that to the extent permitted by law, the Town hereby agrees Regular Council Meeting -September 15, 2009 -Page 107 of ~4XIIIBIT A Page 4 IGA/JPA 09-059I to save and hold harmless and indemnify from loss the State, any of its departments, agencies, officers or employees from any and all costs and/or damage incurred by any of the above and from any other damage to any person or property whatsoever, which is caused by any activity, condition, misrepresentation, directives, instruction or event arising -out of the performance or non performance of any provisions of this Agreement by the State, any of its departments, agencies, officers and employees, or its independent contractors, the Town, any of its agents, officers and employees, or its independent contractors. Costs incurred by the State, any of its departments, agencies, officers or employees shall include in the event of any action, court costs, and expenses of litigation and attorneys' fees. 3. The cost of design, construction and construction engineering work under this Agreement is to be covered by the ARRA/Recovery Act Funds set aside for this Project, up to the maximum available. The Town acknowledges that the eventual actual costs may exceed the maximum available amount of ARRA/Recovery Act funds, or that certain costs may not be accepted by the federal government as eligible for ARRA/Recovery Act funds. Therefore, the Town agrees to furnish and provide the difference between actual costs and the ARRA/Recovery Act Funds received. 4. The State will follow reporting requirements in accordance with Section 1201 and Section 1512 of the American Recovery and Reinvestment Act of 2009. 5. This Agreement shall be filed with the Arizona Secretary of State and shall not become effective until the date of said filing. 6. This Agreement may be cancelled in accordance with Arizona Revised Statutes § 38-511. 7. To the extent applicable under law, the provisions set forth in Arizona Revised Statutes § 35-214 and § 35-215 shall apply to this Agreement. 8. This Agreement is subject to all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101-12213) and all applicable Federal regulations under the Act, including 28 CFR Parts 35 and 36. The parties to this Agreement shall comply with Executive Order Number 99-4 issued by the Governor of the State of Arizona and incorporated herein by reference regarding "Non-Discrimination". 9. Non-Availability of Funds: Every payment obligation of the State under this Agreement is conditioned upon the availability of funds appropriated or allocated for the payment of such obligations. If funds are not allocated and available for the continuance of this Agreement, this Agreement may be terminated by the State at the end of the period for which the funds are available. No liability shall accrue to the State in the event this provision is exercised, and the State shall not be obligated or liable for any future payments as a result of termination under this paragraph. 10. In the event of any controversy, which may arise out of this Agreement, the Parties hereto agree to abide by required arbitration as is set forth for public works contracts in Arizona Revised Statutes § 12- 1518. 11. All notices or demands upon any party to this Agreement shall be in writing and shall be delivered in person or sent by mail, addressed as follows: Arizona Department of Transportation Town of Marana Joint Project Administration Attn: Scott Leska 205 S. 17th Avenue, Mail Drop 637E 11555 West Civic Center Phoenix, Arizona 85007 Marana, Arizona 85653 (602) 712-7124 (520) 382-1999 (602) 712-3132 Fax (520) 380-2640 Fax Regular Council Meeting -September 15, 2009 -Page 108 of ~4~'gIBIT A Page 5 IGA/JPA 09-059I 12. Compliance requirements for Arizona Revised Statutes § 41-4401-immigration laws and E-Verify requirement: a. Both parties warrant compliance with all Federal immigration laws and regulations relating to employees and warrants its compliance with Section Arizona Revised Statutes § 23-214, Subsection A. b. A breach of a warranty regarding compliance with immigration laws and regulations shall be deemed a material breach of the contract, and the parties may be subject to penalties up to and including termination of the Agreement. c. The State retains the legal right to inspect the papers of any employee who works on the Project to ensure that the Town or subcontractor is complying with the warranty under paragraph (a). 13. Pursuant to Arizona Revised Statutes § 35-391.06 and§ 35-393.06, each Party certifies that it does not have a scrutinized business operation in Sudan or Iran. For the purpose of this Section the term "scrutinized.. business operations" shall have the meanings set forth in Arizona Revised Statutes § 35- 391and/or § 35-393, as applicable. If any Party determines that another Party submitted a false certification, that Party may impose remedies as provided by law including terminating this Agreement. 14. In accordance with Arizona Revised Statutes § 11-952 (D) attached hereto and incorporated herein is the written determination of each party's legal counsel and that the parties are authorized under the laws of this State to enter into this Agreement and that the Agreement is in proper form. IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first above written. TOWN OF MARANA STATE OF ARIZONA Department of Transportation By EDDIE HONEA Mayor ATTEST: By JOCELYN C. BRONSON Town Clerk By SAM MAROUFKHANI, P.E. Deputy State Engineer, Development Regular Council Meeting -September 15, 2009 -Page 109 of ~'IIIBIT A IGA/JPA 09-059I ATTORNEY APPROVAL FORM FOR THE TOWN OF MARANA 1 have reviewed the above referenced Intergovernmental Agreement between the State of Arizona, acting by and through its DEPARTMENT OF TRANSPORTATION, and the TOWN OF MARANA, an Agreement among public agencies which, has been reviewed pursuant to A.R.S. § 11-951 through § 11-954 and declare this Agreement to be in proper form and within the powers and authority granted to the Town under the laws of the State of Arizona. No opinion is expressed as to the authority of the State to enter into this Agreement. DATED this day of , 2009. Town Attorney Regular Council Meeting -September 15, 2009 -Page 110 of EXHIBIT A 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, September 15, 2009, 7:00:00 PM To: Mayor and Council Item C 14 From: Cedric Hay ,Senior Assistant Town Attorney Strategic Plan Focus Area: Community Building, Progress and Innovation Subject: Resolution No. 2009-157: Relating to Public Works; approving and authorizing the execution of an acquisition and exchange agreement to acquire a portion of parcel number 216-23-0720, owned by the Ying Family Trust, for the Camino de Manana roadway project, and declaring an emergency Discussion: This item is an acquisition and exchange agreement to acquire property owned by the Ying Family Trust for the Camino de Manana roadway project. The Ying property is located in the proposed Lambert Lane/Blue Bonnet Road annexation area, which went to a Council public hearing on August 18. If and when the annexation is completed, the Town will own certain road rights-of--way that will no longer be needed after the Camino de Manana project is completed. This agreement would commit the Town to abandon certain right-of--way in the annexation area that will no longer be needed after the Camino de Manana project is completed. The Ying Family Trust will be paid $41,000 now and will be given future ownership of the abandoned right-of--way. In exchange, the Town will immediately take ownership of property rights needed for the Camino de Manana project. If for some reason the annexation is not completed within the one year period allowed by A.R.S. § 9-471 for the collection of annexation signatures, the exchange will not occur and the Town will instead pay the Ying Family Trust an additional $59,000. Roadway exchanges are authorized by A.R.S. § 28-7203, and Arizona law allows payment of money in addition to the exchange where there is a difference in the value of the rights-of--way being exchanged. If the Council wishes, the details of the negotiations or the legal ramifications of the proposed agreement may be discussed in executive session. Financial Impact: This settlement is within the amounts budgeted for right-of--way acquisition for the Camino de Manana project. ATTACHMENTS: Name: Description: Type: Regular Council Meeting -September 15, 2009 -Page 111 of 224 O Reso Ying_Family Trust Acquisition and Exchange Agreement (00016433.).DOG ~ EX A Exchange.. Agreemen# Ying_Family Trust (0001.6261- 2~.DOC Staff Recommendation: Reso Approving Ying Acquisition Agreement Exh A to Reso: Ying Acquisition and Exchange Agreement Resolution Exhibit Staff recommends approval of the Ying Family Trust acquisition and exchange agreement. Suggested Motion: I move to approve Resolution No. 2009-157, approving and authorizing the execution of an acquisition and exchange agreement to acquire a portion of parcel number 216-23-0720, owned by the Ying Family Trust, for the Camino de Mariana roadway project, and declaring an emergency. Regular Council Meeting -September 15, 2009 -Page 112 of 224 MARANA RESOLUTION N0.2009-157 RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE EXECUTION OF AN ACQUISITION AND EXCHANGE AGREEMENT TO ACQUIRE A PORTION OF PARCEL NUMBER 216-23-0720, OWNED BY THE YING FAMILY TRUST, FOR THE CAMINO DE MANANA ROADWAY PROJECT, AND DECLARING AN EMERGENCY WHEREAS the Town of Marana needs to acquire certain property rights for the Camino de Marana Roadway Improvement Project No. 2001-052 (the Project); and WHEREAS, the Ying Family Trust and the Town desire to enter into an acquisition and exchange agreement for rights-of--way needed for the Project from a parcel owned by the Ying Family Trust and identified as parcel number 216-23-0720; and WHEREAS the Mayor and Council find that the terms and conditions of the proposed acquisition and exchange agreement attached to this resolution as Exhibit A are in the best interests of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the acquisition and exchange agreement between the Town of Marana and the Ying Family Trust, attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved, and Keith Brann, Town Engineer, 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. BE IT FURTHER RESOLVED that since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this resolution become immediately effective, an emergency is hereby declared to exist, and this resolution shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL, OF THE TOWN OF MARANA, ARIZONA, this 15th day of September, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -September 15, 2009 -Page 113 of 224 PUBLIC WORKS DEPARTMENT ACQUISITION AND EXCHANGE AGREEMENT This Agreement is made by and between Ying-Hua Lin, Trustee of the Ying Family Trust U/D/T July 18, 2008 ("Owner"), and the Town of Marana, an Arizona municipal corporation ("Town"). Property to be Acquired. The Owner owns the property described in the Deed recorded on August 13, 2008, in Docket 13369 at Page 74 in the Pima County Recorder's Office (the "Property"), including all improvements located thereon (the "Improvements"). The Town has determined the need to acquire permanent property rights from the Owner including fee title to public rights-of-way, described in Exhibit "A" and shown on Exhibit "A-1", (the "Acquisition Area"). In lieu of court proceedings to acquire the Acquisition Area by eminent domain, the Owner agrees to exchange the area for a portion of right-of--way plus additional compensation and the Town agrees to acquire the Acquisition Area for Just Compensation which shall be offset by the value of the right-of-way exchanged. The Acquisition Area is 53,305 square feet in size. 2. Exchange Area. The Owner desires to transfer the Acquisition Area to the Town in exchange for a portion of Decker Drive described in Exhibit "C" and shown on Exhibit "C-1", (the "Exchange Area"). The Exchange Area is 31,299 square feet in size. The Owner, its successors and assigns plan to assemble parcels 216-23-0720 and 216-23-073C which are located on opposite sides of the Exchange Area for future development. This development will include a new internal roadway network, eliminating the need for a public roadway over the Exchange Area. The Exchange Area currently consists of an unimproved dirt road that appears to provide legal access to four vacant parcels south of parcel 216-23-073C. Pursuant to A.R.S. § 28-7215(A) the reservation of an ingress/egress easement will be required as a condition of the exchange. 3. Annexation into the Town. The Property and the Exchange Area are currently located in unincorporated Pima County. The Town has initiated annexation proceedings to incorporate the Property and the Exchange Area into the Town's jurisdictional boundaries at no expense to the Owner. Upon completion of the annexation process and pursuant to A.R.S. § 28-7203 the Town agrees to complete the exchange by abandoning the Exchange Area as indicated below in paragraph 7. In the event the annexation is not completed by August 22, 2010 (that is, within the one year period allowed by A.R.S. § 9-471 for the collection of annexation signatures), the Town shall pay the Owner $59,000, the offset value of the Exchange Area. 4. Acquisition Amount. The Town and the Owner have agreed upon Just Compensation for the Acquisition Area in the amount of $100,000.00. After deducting the valuation differential between the Acquisition Area and the Exchange Area the Town shall pay $41,000 to the Owner {00016261.DOC / Marana h~~ayor and Gcunci! Approve(: Resoluton Ida. 2QQg- .Gated Septe€nber 15, 209 S 11 ?T 12 S 'R 12 E Ca~r,o de Marana Roadway O~~provernt;nt Project Nc. 2G01-~52 Parcai o. 210-23-072D Acquisition and Exchange Agreement far Ysng Fa~r~iiy Trust "1 "QT'4 9/3/2009 12:10 PM CH/FC 181T A subject to the terms below and the authority established in Mackey v. City of Tucson, 208 Ariz. 527, 96 P.3d 231 (App. 2004): $100,000.00 Fee Simple Acquisition Amount (Acquisition Area) ($59,000.00) Value of Land to be Exchanged (Exchange Area) $41, 000.00 Total Compensation $1,888.00 Estimated Closing Costs $42,888.00 Total Not to Exceed Amount 5. Risk of Loss for Damage to Improvements. The Owner shall be responsible for the risk of loss for any and all damage to the Improvements located on the Acquisition Area prior to close of escrow. 6. Warranty Deed. The Owner shall deposit into escrow a warranty deed conveying to the Town title to the Acquisition Area described in Exhibit "A" and shown in Exhibit "A-1", free and clear of all liens and encumbrances and subject only to those matters identified in Exhibit "B". 7. Quit Claim Deed of Abandonment for the Exchange Area. No later than thirty days after the completion of the annexation process the Town shall record a Quit Claim Deed of Abandonment for the Exchange Area described in Exhibit "C" and shown in Exhibit "C-1", reserving an easement pursuant to A.R.S. § 28-7215(A) for ingress and egress for properties that rely on the Exchange Area for access. If the annexation process is not complete within eighteen months of the effective date of this agreement the Town shall pay the Owner $59,000.00, the offset value of the Exchange Area in lieu of the Quit Claim Deed of Abandonment. 8. No Salvage. The Owner shall not salvage or remove any fixtures, improvements, or vegetation located within the Acquisition Area. Personal property may be removed prior to close of escrow. 9. Escrow and Prorations. The Town shall pay the acquisition amount of $41,000.00 in full at closing. (a) The date of closing shall be used for proration of rents, property taxes and other similar costs, (b) assessments due for improvement districts shall be paid in full by the Owner prior to closing, (c) property taxes shall be prorated based upon both the date of closing and the size of the Acquisition Area, and (d) Town shall purchase title insurance on the Permanent Property Rights as defined. 7. Security Interest. Monies payable under this Agreement may be due holders of notes secured by mortgages or deeds of trusts ("Lienholders"), up to and including the total amount of unpaid principal, interest and penalty. Those sums shall, upon demand, be paid to the Lienholders. Owner shall obtain from the Lienholders releases for any fee transfer and consents for any transfer of an easement for the Acquisition Area. 8. Possession and Closing. Possession of the Acquisition Area shall be given to the Town at the date of closing. Closing shall be on or before the later of (a) 30 days after the date this {00016261.DOC / I Martina Mayor and Gounc! Approval: Resolution No. 2C}~9-! Gated September 15, 209 I S 11 '~ 12 S R 12 E I Camino de Mariana oad~~ray Improvement Prcect M1~o. 2f7C7,-0752 ~'arcel o. 216-23_p?2~ Acquisition and Exchange Agreement for Ying FamiEy Trust '2`fif'4 9/3/2009 12:10 PM CH/FC terra Agreement is approved by the Marana Mayor and Council or (b) 30 days after receipt of all necessary releases or consents from any lienholder. Possession of the Exchange Area shall be provided to the Owner upon completion of the annexation process and recordation of the Quit Claim Deed of Abandonment which shall be done by the Town no later than thirty days thereafter. 9. Environmental Representations. The Town and the Owner agree that neither party is assuming any obligation of the other party relating to any potential liability arising from the environmental condition of the Acquisition Area. Each party shall remain responsible for its obligations as set forth by law. The Owner hereby represents and warrants that, to the best of Owner's knowledge, no pollutants, contaminants, toxic or hazardous substances, wastes or materials have been stored, used or located on the Property orwithin any surface or subsurface waters thereof; that no underground tanks have been located on the Property; that the Property is in compliance with all Federal, state and local environmental laws, regulations and ordinances; and that no legal action of any kind has been commenced or threatened with respect to the Property. 10. Environmental Inspection Rights. The Owner shall permit the Town to conduct such inspections of the Property as the Town deems necessary to determine the environmental condition of the Acquisition Area. If environmental inspections do not specifically identify contamination but indicate a potential for contamination and recommend further testing or inspection, the parties hereby agree to extend the date of closing to at least 30 days after the report until such additional testing or inspection is completed on behalf of Town. If any environmental inspection reveals the presence of contamination or the need to conduct environmental clean up, the Owner shall remediate all contamination within the Acquisition Area adequate to bring it into compliance with all applicable Federal, State or local environmental regulations prior to Closing or the Town may terminate this agreement. 11. No Leases. The Owner warrants that there are no oral or written leases on all or any portion of the Acquisition Area. 12. Broker's Commission. No broker or finder has been used and the Town shall owe no brokerage or finders fee related to this transaction. The Owner has sole responsibility to pay all brokerage or finders fees to any agent employed. 13. Closing Costs. Expenses incidental to transfer of title, including title reports, recording fees, escrow fees, releases and Owners Title Insurance Policy, shall be paid by the Town. 14. Right of Entry. This agreement grants the Town, its employees, agents, and consultants, the right to enter the Property for purposes of inspection or testing related to the Project effective as of the date this agreement is signed on behalf of the Owner. This Right of Entry shall terminate when the Town takes title to the Acquisition Area or in 180 days, whichever occurs first. 15. No Sale. Owner shall not sell or encumber the Acquisition Area prior to close of escrow. 16. Conflict of Interest. This Agreement is subject to A.R.S. §38-511 which provides for cancellation of contracts by the Town of Marana for certain conflicts of interest. 17. Survival of Representation and Warranties. All representations and warranties contained herein shall survive close of escrow. {00016261.DOC / ~ Marana Mayer and Council Approva€ Reso€ution o, 2gOg-~, [dated September 15; 2(}C}9 ~ S 1 ? ;T 12 S IR 12 E I Camino de Mariana Road~~ay irrtpro~~ement Prc;ect loo. 2Qg1-g52 Parcel No. 21o-23-d72CJ Acquisition and Exchange Agreerne,^^,t for Ying Family Trust ~~5f'4 9/3/2009 12:10 PM CH/FC 7BIT A 18. Relocation Benefits. The Town acknowledges that Owner may be entitled to relocation benefits pursuant to Arizona Revised Statutes §11-961 et. seq. 19. Entire Agreement. This signed document shall constitute the entire Agreement between the parties. No modification or amendment to this Agreement shall be binding unless in writing and signed by both parties. The performance of this Agreement constitutes the entire consideration by the Town, including just compensation for the Acquisition Area and severance damages to any remainder property and shall relieve the Town of all further obligation or claims relating to Property. 20. Exhibits. Any exhibit attached to this Agreement shall be deemed to be incorporated by reference with the same force and effect as if fully set forth in the body of this Agreement. 21. Council Approval. This Agreement is subject to approval by the Town Council of the Town of Marano. Ying-Hua Lin, Trustee of the Ying Family Trust Town of Marana, an Arizona municipal u/d/t July 18, 2008 corporation Ying-Hua Lin, Trustee Keith Brann, P.E. Town Engineer Date: STATE OF ARIZONA ) ss. County of Pima ) Date: Approved as to form: Frank Cassidy, Town Attorney The foregoing instrument was acknowledged before me this day of 2009 by Ying-Hua Lin, Trustee of the Ying Family Trust u/d/t July 18, 2008. IN WITNESS WHEREOF, I have set my hand and official seal. My Commission Expires: Notary Public {00016261.DOC / 2} Marana Mayor and Gounci€ Approval: Resolutiar o. 2000- ,Dated September 15. 2009 S ~' ;T 12 S !R 12 E Camino de Mariana Roadway Improvement Project No. 2001-052 Parcel No. 216 ~3-0720 Acquisition and Excl~anga Agreement for Ying Family Trust ~~~4 9/3/2009 12:10 PM CH/FC 'lBI T A 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, September 15, 2009, 7:00:00 PM To: Mayor and Council Item C 15 From: Jocelyn C. Bronson ,Town Clerk Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2009-158: Relating to Liquor Licenses; approval and recommendation to the State Liquor Board for a New No. 9 (Liquor Store) liquor license submitted by Kim K. Kwiatkowski. on behalf of Circle K Store #6670 located at 5633 W. Cortaro Farms Road Discussion: Kim K. Kwiatkowski, on behalf of Circle K Store #6670 is applying for a new No. 9 (Liquor Store) liquor license for premises located at 5633 W. Cortaro Farms Road. The State Department of Liquor Licenses & Control has completed a background investigation and has forwarded two copies of an application for a spirituous liquor license in accordance with the State of Arizona Guide to Arizona Liquor Laws. One copy of the application has been posted on the front of the proposed licensed premises for 20 days prior to this meeting. The Council, as the appropriate governing board, must hold a meeting and either approve, disapprove or offer a "no-recommendation" decision on the application. This action must take place within 60 days of the filing of the application. If the application is approved at the appropriate government level, and no written protests have been received by the Town, and if there is no objection by the Director, the application will be approved. This process normally takes 90 days after the filing of the application. If the governing body disapproves the application or offers a "no-recommendation" decision, or if protests have been filed, the application must be set for a hearing before the State Liquor Board. The hearing may be conducted by the board or by a designated hearing officer. The purpose of a hearing is to consider all evidence and testimony in favor of or opposed to the granting of a license. The applicant for a new license bears the burden of demonstrating his or her "capability, qualifications and reliability" and that the granting of a license is in "the best interest of the community" except that, in aperson-to-person transfer, an applicant need only prove his or her "capability, qualifications and reliability". An applicant in alocation-to-location transfer need only prove that the granting of the license is in the "best interest of the community". The decision by the board to grant or deny an application will normally take place within 105 days after the application has been filed, unless the director deems it necessary to extend the time period. A.R.S. 4- 201, 4-201.01, 4-203; Rule R-4-15-102. Regular Council Meeting -September 15, 2009 -Page 118 of 224 A copy of the application is on file with the Town Clerk and is not contained with these materials. ATTACHMENTS: Name: Description: Type: ^ Approval_Reso Circle Kdo..c Option 1 Resolution Approval Resolution ~ Ds_approyal Reso Crc..le K.doc Option 2 Resolution Disapproval Resolution __.... Staff Recommendation: Staff recommends approval and recommendation to the state liquor board for this liquor license. Suggested Motion: OPTION 1: I move to approve Resolution No. 2009-158, approval and recommendation to the State Liquor Board for a New No. 09 (Liquor Store) liquor license submitted by Kim K. Kwiatkowski on behalf of Circle K Store #6670 located at 5633 W. Cortaro Farms Road. OPTION 2: I move to disapprove Resolution No. 2009-158, recommendation of disapproval to the State Liquor Board for a New No. 09 (Liquor Store) liquor license submitted by Kim K. Kwiatkowski on behalf of Circle K Store #6670 located at 5633 W. Cortaro Farms Road. Regular Council Meeting -September 15, 2009 -Page 119 of 224 MARANA RESOLUTION N0.2009-158 RELATING TO LIQUOR LICENSES; APPROVAL AND RECOMMENDATION TO THE STATE LIQUOR BOARD FOR A NEW NO. 9 (LIQUOR STORE) LIQUOR LICENSE SUBMITTED BY KIM K. KWIATKOWSKI ON BEHALF OF CIRCLE K STORE #6670 LOCATED AT 5633 W. CORTARO FARMS ROAD WHEREAS, pursuant to A.R.S. Section 4-201, the Town Council of the Town of Marana is empowered to recommend approval or disapproval of a liquor license request to the Arizona Department of Liquor Licenses and Control; and WHEREAS, Kim K. Kwiatkowski has applied for a New No. 9 (Liquor Store) liquor license on behalf of Circle K Store #6670, for premises located at 5633 W. Cortaro Farms Road; and WHEREAS, Town staff filed one copy of the application. in the office of the Town Clerk, and posted the other on the premises at 5633 W. Cortaro Farms Road for 20 days along with a statement requiring any bona fide resident residing, owning, or leasing property within a one mile radius in favor of or opposed to such issuance of the license to file written arguments in favor of or opposed to such issuance with the Town Clerk; and WHEREAS, the Town Council considered all statements filed by the applicant and any bona fide resident at a public meeting on September 15, 2009, and has determined that it is in the best interests of the Town and its citizens that the application for a New No. 9 (Liquor Store) liquor license on behalf of Circle K Store #6670, filed by Kim K. Kwiatkowski for premises located at 5633 W. Cortaro Farms Road be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Town recommends the application for a New No. 9 (Liquor Store) liquor license on behalf of Circle K Store #6670, filed by Kim K. Kwiatkowski for premises located at 5633 W. Cortaro Farms Road be approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 15~' day of September, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -September 15, 2009 -Page 120 of 224 MARANA RESOLUTION N0.2009-158 RELATING TO LIQUOR LICENSES; RECOMMENDATION OF DISAPPROVAL TO THE STATE LIQUOR BOARD FOR A NEW NO. 9 (LIQUOR STORE) LIQUOR LICENSE SUBMITTED BY KIM K. KWIATKOWSKI ON BEHALF OF CIRCLE K STORE #6670 LOCATED AT 5633 W. CORTARO FARMS ROAD WHEREAS, pursuant to A.R.S. Section 4-201, the Town Council of the Town of Marana is empowered to recommend approval or disapproval of a liquor license request to the Arizona Department of Liquor Licenses and Control; and WHEREAS, Kim K. Kwiatkowski has applied for a New No. 9 (Liquor Store) liquor license on behalf of Circle K Store #6670, for premises located at 5633 W. Cortaro Farms Road; and WHEREAS, Town staff filed one copy of the application in the office of the Town Clerk, and posted the other on the premises at 5633 W. Cortaro Farms Road for 20 days along with a statement requiring any bona fide resident residing, owning, or leasing property within a one mile radius in favor of or opposed to such issuance of the license to file written arguments in favor of or opposed to such issuance with the Town Clerk; and WHEREAS, the Town Council considered all statements filed by the applicant and any bona fide resident at a public meeting on September 15, 2009, and has determined that it is in the best interests of the Town and its citizens that the application for a New No. 9 (Liquor Store) liquor license on behalf of Circle K Store #6670, filed by Kim K. Kwiatkowski for premises located at 5633 W. Cortaro Farms Road be disapproved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Town recommends the application for a New No. 9 (Liquor Store) liquor license on behalf of Circle K Store #6670, filed by Kim K. Kwiatkowski for premises located at 5633 W. Cortaro Farms Road be disapproved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 15~' day of September, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson., Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -September 15, 2009 -Page 121 of 224 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, September 15, 2009, 7:00:00 PM To: Mayor and Council .Item C 16 From: Jocelyn C. Bronson ,Town Clerk Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2009-159: Relating to Liquor Licenses; approval and recommendation to the State Liquor Board for a New No. 10 (Beer and Wine Store) liquor license submitted by Michael A. Phillips on behalf of Sunflower Market located at 3860 W. River Road, #K Discussion: Michael A. Phillips, on behalf of Sunflower Market is applying for a New No. 10 (Beer and Wine Store) liquor license for premises located at 3860 W. River Road, #K. The State Department of Liquor Licenses & Control has completed a background investigation and has forwarded two copies of an application for a spirituous liquor license in accordance with the State of Arizona Guide to Arizona Liquor Laws. One copy of the application has been posted on the front of the proposed licensed premises for 20 days prior to this meeting. The Council, as the appropriate governing board, must hold a meeting and either approve, disapprove or offer a "no-recommendation" decision on the application. This action must take place within 60 days of the filing of the application. If the application is approved at the appropriate government level, and no written protests have been received by the Town, and if there is no objection by the Director, the application will be approved. This process normally takes 90 days after the filing of the application. If the governing body disapproves the application or offers a "no-recommendation" decision, or if protests have been filed, the application must be set for a hearing before the State Liquor Board. The hearing may be conducted by the board or by a designated hearing officer. The purpose of a hearing is to consider all evidence and testimony in favor of or opposed to the granting of a license. The applicant for a new license bears the burden of demonstrating his or her "capability, qualifications and reliability" and that the granting of a license is in "the best interest of the community" except that, in aperson-to-person transfer, an applicant need only prove his or her "capability, qualifications and reliability". An applicant in alocation-to-location transfer need only prove that the granting of the license is in the "best interest of the community". The decision by the board to grant or deny an application will normally take place within 105 days after the application has been filed, unless the director deems it necessary to extend the time period. A.R.S. §§ 4-201, 4-201.01, 4-203; Rule R-4-15-1.02. Regular Council Meeting -September 15, 2009 -Page 122 of 224 A copy of the application is on file with the Town Clerk and is not contained with these materials. ATTACHMENTS: frame: O Approy_a..l Reso Sunflower.doc ^ Disapproval Reso Sunflower.doc Description: Option 1 Resolution Approval Option 2 Resolution Disapproval Tvpe: Resolution Resolution Staff Recommendation: Staff recommends approval and recommendation to the state liquor board for this liquor license. Suggested Motion: OPTION I: I move to approve Resolution No. 2009-159, approval and recommendation to the State Liquor Board for a New No. 10 (Beer and Wine Store) liquor license submitted by Michael A. Phillips on behalf of Sunflower Market located at 3860 W. River Road, #K. OPTION 2: I move to disapprove Resolution No. 2009-159, recommendation of disapproval to the State Liquor Board for a New No. 10 (Beer and Wine Store) liquor license submitted by Michael A. Phillips on behalf of Sunflower Market located at 3860 W. River Road, #K. Regular Council Meeting -September 15, 2009 -Page 123 of 224 MARANA RESOLUTION N0.2009-159 RELATING TO LIQUOR LICENSES; APPROVAL AND RECOMMENDATION TO THE STATE LIQUOR BOARD FOR A NEW NO. 10 (BEER AND WINE STORE) LIQUOR LICENSE SUBMITTED BY MICHAEL A. PHILLIPS ON BEHALF OF SUNFLOWER MARKET, LOCATED AT 3860 W. RIVER ROAD, #K WHEREAS, pursuant to A.R.S. Section. 4-201, the Town Council of the Town of Marana is empowered to recommend approval or disapproval of a liquor license request to the Arizona Department of Liquor Licenses and Control; and WHEREAS, Michael A. Phillips has applied for a New No. 10 (Beer and Wine Store) liquor license on behalf of Sunflower Market, for premises located at 3860 W. River Road, #K; and WHEREAS, Town staff filed one copy of the application in the office of the Town Clerk, and posted the other on the premises at 3860 W. River Road, #K for 20 days along with a statement requiring any bona fide resident residing, owning, or leasing property within a one mile radius in favor of or opposed to such issuance of the license to file written arguments in favor of or opposed to such issuance with the Town Clerk; and WHEREAS, the Town Council considered all statements filed by the applicant and any bona fide resident at a public meeting on September 15, 2009, and has determined that it is in the best interests of the Town and its citizens that the application for a New No. 10 (Beer and Wine Store) liquor license on behalf of Sunflower Market, filed by Michael A. Phillips for premises located at 3860 W. River Road, #K be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Town recommends the application for a New No. 10 (Beer and Wine Store) liquor license on behalf of Sunflower Market, filed by Michael A. Phillips for premises located at 3860 W. River Road, #K be approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 15~' day of September, 2009. ATTEST: Mayor Ed Honea APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -September 15, 2009 -Page 124 of 224 MARANA RESOLUTION N0.2009-159 RELATING TO LIQUOR LICENSES; RECOMMENDATION OF DISAPPROVAL TO THE STATE LIQUOR BOARD FOR A NEW NO. 10 (BEER. AND WINE STORE) LIQUOR LICENSE SUBMITTED BY MICHAEL A. PHILLIPS ON BEHALF OF SUNFLOWER MARKET, LOCATED AT 3860 W. RIVER ROAD, #K WHEREAS, pursuant to A.R.S. Section 4-201, the Town Council of the Town of Marana is empowered to recommend approval or disapproval of a liquor license request to the Arizona Department of Liquor Licenses and Control; and WHEREAS, Michael A. Phillips has applied for a New No. 10 (Beer and Wine Store) liquor license on behalf of Sunflower Market, for premises located at 3860 W. River Road, #K; and WHEREAS, Town staff filed one copy of the application in the office of the Town Clerk, and posted the other on the premises at 3860 W. River Road, #K for 20 days along with a statement requiring any bona fide resident residing, owning, or leasing property within a one mile radius in favor of or opposed to such issuance of the license to file written arguments in favor of or opposed to such issuance with the Town Clerk; and WHEREAS, the Town Council considered all statements filed by the applicant and any bona fide resident at a public meeting on July 21, 2009, and has determined that it is in the best interests of the Town and its citizens that the application for a New No. 10 (Beer and Wine Store) liquor license on behalf of Sunflower Market, filed by Michael A. Phillips for premises located at 3860 W. River Road, #K be disapproved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Town recommends the application for a New No. 10 (Beer and Wine Store) liquor license on behalf of Sunflower Market, filed by Michael A. Phillips for premises located at 3860 W. River Road, #K be disapproved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 15~' day of September, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -September 15, 2009 -Page 125 of 224 REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, August 18, 2009, at or after 7:00 PM Ed Honea, Mayor ~" Herb Kai, Vice Mayor Russell Clanagan, Council Member Patti Comerford, Council Member Carol McGorray, Council Member Jon Post, Council Member Roxanne Ziegler, Council Member REGULAR COUNCIL MEETING CALL TO ORDER AND ROLL CALL Mayor Honea called the meeting to order at 7:02 pm. Vice Mayor Kai was excused. All others present PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE Led by Mayor Honea. APPROVAL OF AGENDA Motion to approve as amended moved by Council Member McGorray, second by Council Member Clanagan with the following changes: Move item C2 to A3 and change BI to B2. Motion carried unanimously 6-0. CALL TO THE PUBLIC Francisco Radriguez spoke regarding his support for George Gleeson as Building Official Lead Inspector during the current transition period. David Morales spoke regarding the water ordinance being an oxymoron. The purpose of a tiered water system is to punish high-end users. He felt it was fair for high users to pay. His concern is that commercial, industrial users get the same price per gallon. That's an oxymoron and discrimination against Marana, and he would like Council to address this issue because this is a strain to water lines. His second issue is the question of becoming a city. He noted that Council Member Clanagan brought this issue to the Council's attention previously. He asked to have Council put this item on the ballot. It's an advisory question that should be put to the voters. His concern is that the area should be called the Greater Marana Area rather than the Greater Tucson Area and we can't be "greater" if we are a town. Mr. Davidson responded that the staff has completed an analysis and study and will be transmitting this to Council. Regular Council Meeting -September 15, 2009 -Page 126 of 224 Clarence "Scotty" Scotton, representing a group that provides transportation for veterans, was called on by Mayor Honea later in the meeting after his speaker card was found with other cards on another item. For consistency, Mr. Scotton's remarks to Council are included in this section. Mr. Scotton has a shop where he repairs junk cars so that they can be used by veterans to help them get back and forth to appointments at the VA center. He is seeking Council and community assistance to help with veterans' transportation issues and left contact information with Council and the audience. PRESENTATIONS ANNOUNCEMENTS/UPDATES PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS No reports MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Mr. Davidson noted that the Council Executive Report submitted as part of the agenda. STAFF REPORTS Presentation: Marana Chamber 2009 2nd Quarter Report and Business Plan Ed Stolmaker made a short presentation on the number of active members; ribbon cuttings, two networking events; visitor center statistics comparisons from 2008; new member orientation and educational classes being held. He also reported on past and current activities. He concluded by thanking council for its support. GENERAL ORDER OF BUSINESS CONSENT AGENDA Motion to approve moved by Council Ylember Comerford, second by Council Member Posh Motion carried unanimously with a 6-0 roll call votes C l: Resolution No. 2009-127: Relating to Utilities; approving and authorizing the Mayor to execute an agreement for construction of water facilities under private contract for the Continental Crossing project * Moved to action as item A 3 * C 2: Resolution No. 2009-128: Relating to Development; approving and authorizing a development plan for Legacy Apartments at Dove Mountain Centre II Mayor Honea asked for a brief executive session with counsel on this item. Motion to go into Executive Session, relating to E 1, moved by Council Member Council Member Comerford, second by Council Member McGorray. Motion carried unanimously 6-0. Council left the dais at 7:25 p.m. Regular Council Meeting -September 15, 2009 -Page 127 of 224 Council returned to the dais at 7:37 p.m. In public session Frank Cassidy provided background legal context for this approval with the rezoning approved as part of the Specific Plan Amendment process going back to 2002. This development plan is being brought forward pursuant to the zoning shown on that development plan. He described the process as one to determine that all of the requirements of the town code and the Specific Plan are met -- essentially a checklist. If it does meet those requirements it needs to be approved. It's what's known as a ministerial process. Development plans generally don't come to Council because they are approved by staff. When the developer proposed the Specific Plan regulations for Dove Mountain, they included in that Specific Plan a procedure that said they would bring all development plans to council for approval. There is another one like that - Continental Ranch -where the development plans come to Council,.. but it doesn't change the nature of the review. The question today is "Does this development meet the requirements?" The town staff indicates that it does meet the requirements. Lisa Shafer then presented the item to Council. She indicated the proposed property on several overhead views for Council and the public and indicated the approved 7-lot plat, the proposed location for the apartments, Basha's Center and the Preserves residential area. One hundred sixty-eight units are proposed for the property. She also explained the amenities. The maximum building height within the designation is four stories and 45 feet. This development is proposing two stories and 25 feet with a flat roof design. Bill Hallinan with Cottonwood Properties then addressed Council. He referenced several concessions that they are willing to make including height of the buildings, landscape along the north property line and possibly a fence to control pedestrian traffic into the open space area depending on whether it becomes an issue. Mayor Honea then asked for speakers from the audience. Tom Taylor of 5049 New Shadow Way, expressed is disappointment over the height of the buildings in light of his deed restrictions for one story structures. While it may help Dove Mountain, he believes this zoning has caused his property to decrease in value. Norman Fogel, 12925 N. High Hawk Drive. He stated he had no objection to the project as designed, and he doesn't think the two store structures will block views. He did object to the process which was followed. He suggested that the 5:00 p.m. meeting could have been avoided if there had been a different public process rather than as a consent item or brought to Council as a fait accompli. He suggested taking a look at the Specific Plan for Dove Mountain as well as Continental Ranch because there were so few residents in those areas when they were approved. He also suggested that realtors and builders are the ones telling prospective buyers that they will always have view shed lots. He also indicated that there needs to be more transparency. Richard Feinberg, 13805 N. Spring Desert Place, thanked Council Member Clanagan who sent him an email to alert him that something was going on at Dove Mountain. He indicated that the previous speaker echoed many of his own concerns. He asked what the term "luxury" meant and asked what the rent/lease would be for the apartments. He felt that was important information, especially when people hear numbers and he listed many Regular Council Meeting -September 15, 2009 -Page 128 of 224 of the high end amenities already in place. He also felt that there was not good public communication regarding projects like this, and it would be helpful to have the newspapers present this kind of information. Randy Roberts, 12396 N. Fallen Shadows, spoke primarily regarding the traffic conditions surrounding this project and how traffic is already impacted. He was particularly concerned about why the traffic study didn't indicate the need for a traffic signal and why a second traffic signal was warranted at Tangerine Crossing and not at the new road leading into the apartment complex. He quoted numbers of vehicles traveling east and west at this location - a car every three second -and how it would affect the safety and security of motorists and their passengers at the prevailing rates of speed currently be tracked and studied. Mr. Roberts concluded that he would pay for the traffic design study for a signal. Larry Steckler, 12317 N. Fallen Shadows, addressed Council against the immediate approval of the Legacy apartments and expressed his concern over notification to the public. He also expressed his concern about the height of the buildings and how that would affect property values of existing residences. He indicated that he had taken measurements and photos that show how the height of the apartments would affect existing views. He indicated that current times and economy have already taken a serious toll on everyone. To impose further hardship on property owners now is very close to a criminal act. It is certainly an unethical act: He passed on additional discussion of the traffic light, but he did note that there is currently no left turn permitted out of the Dove Mountain Center parking lot. He asked for the Council to send the project back to Planning & Zoning for reassessment. He noted that even though every legal measure has been taken, some concerned Dove Mountain residents are circulating a petition which will be presented to Council. He then read the language of the petition which is attached as part of this record and contains a resolution of demand. Council Member Comerford responded to Mr. Steckler and noted that he as a property owner and a realtor who represents people who live in Dove Mountain. She stated her intent that he and others: are responsible`for understanding what he is selling to his clients. Since this project was put through in 2002 along with the Preserve property, her opinion is that it was irresponsible to call the Council criminal and trying to pull one over on the public when this.: information has been available since 2002. Mr. Steckler asked to respond. He indicated he had presented the information to clients who had purchased within the last month. He cannot be responsible for what other realtors and builders have done. He again reiterated that had it not been seen on the agenda last week, this item would have not had public input. The town never displayed these plans prior to this. Mayor Honea announced that all who had presented speaker cards had been called, and requested comments from the Council. Council Member Ziegler stated that she took umbrage with what Mr. Steckler said especially in regard to transparency in saying that the Council put this on the consent agenda so that no one could see it. That is wrong. It was a surprise to see this on the agenda because it is an administrative task. It's been in the public domain since 2002, available for viewing at town hall on the map zoned as commercial. Each corner in Continental Ranch is designated commercial -not necessary apartments and the key will tell you what that means. She also stated her displeasure that Regular Council Meeting -September 15, 2009 -Page 129 of 224 people paid $50,000 for view shed lots and that a realtor would tell anyone they could protect their view by paying a premium. That is criminal because the only way you can protect view shed is to buy the surrounding property that protects it. La Paloma has apartments and Ventana has apartments and it is wrong for the residents think that Cottonwood Properties would do what they have done in Dove Mountain and then bring in a shoddy property to diminish that. Council Member Clanagan also asked if Mr. Cassidy would explain Prop 207 how that works and how that limits what the Council can and can't do and the definition for zoning is. Mr. Cassidy explained that Proposition 207 requires a government to pay for any action that effectively changes the zoning below what the rights are at the time Prop 207 was approved in 2006. What that means in the context of something like this where somebody has the zoning is that it raises the town's level of potential liability if we were to try to take an affirmative action to downzone the property to preclude this type of use, so there's a much higher level of potential financial liability for the town now after Prop 207 than there was before. Council Member Clanagan noted that one of the things that was a concern was this happened so rapidly. He asked if it would be possible for Cottonwood Properties to voluntarily postpone this action to allow people who did not know that the meeting was going to take place at 5:00 p.m.-this evening, so that he could continue to education residents. Mr. Hallinan noted his appreciation of the value of education and at the same time noted that it was important to look at all of the facts starting with the view shed impacts and the perceptions over premiums paid. There is a football field's length of open space separating this property from existing homes. As far as the representations in the public, they have tried really hard to provide disclosures by hosting the annual meetings, answered questions about future uses of multi-family uses which have always been answered in the affirmative. As far as moving this forward, he would appreciate being able to move this forward tonight. He stated his intent to continue to disclose but doesn't believe it serves -a benefit to stall the ministerial act. Motion to approve with the inclusion of the tree buffer on the north property line as agreed to by Mr. Hallinan on behalf of the applicant moved by Council Member Ziegler, second by Council Member Post Motion passed 5-1 with Council Member Clanagan voting nay. Council Member Comerford asked to provide another meeting so that the residents could ask more questions of the architect and the developer when the snowbirds are back and want to see what the development will look like. Council Member Post asked if anything can be required as notice when homes are sold in Marana and also addressed the issue transparency and how people think things are on the consent agenda to avoid dealing with them. His last issue regarding his view and how Dove Mountain now restricts his view where there was no one when he grew up, so be careful of who you pick and choose to tell about ruining your view. The first thing on his mind is the community not his individual issues. Regular Council Meeting -September 15, 2009 -Page 130 of 224 Council Member Ziegler also addressed the concerns over traffic. As a learning experience, when it is warranted a signal will be installed. The Council always wanted the safety of the citizens to be a priority and a signal will happen eventually. Mayor Honea noted a speaker card that he thought was on this item, but it was for another transportation issue. The discussion on this item has been placed under comments from Call to the Public. The speaker was Clarence Scotton. He gave his contact information to Council. C 3: Resolution No. 2009-129: Relating to the Police Department; approving and authorizing the Town Manager to execute a funding agreement with the Governor's Office of Highway Safety Under The Highway Safety Program (23 U.S.C. §§401-404) to fund the Marana Police Department's participation with the Click It or Ticket Next Generation Mobilization C 4: Resolution No. 2009-130: Relating to the Marana Municipal Airport; approving and authorizing the Town Manager to execute a grant agreement with the;Arizona Department of Transportation (E9F65) to provide state share match funding to' FAA 3- 04-0058-17 C 5: Resolution No. 2009-131: Relating to Intergovernmental Relations; authorizing staff to coordinate with Pima Association of Governments to complete a greenhouse gas emissions inventory for the Town of Marana C 6: Resolution No. 2009-132: Relating to Development; adopting a notice of intent to enter into a retail development tax incentive agreement for the Marana Mercantile development project proposed to be located southwest of Interstate 10 at the northwest corner of Marana and Sandario Roads C 7: Resolution No. 2009-133: Relating to Personnel; approving and adopting amendments to the Town's Personnel Policies and Procedures, revising Chapter 5 -Work Rules, Policy 5-7 -Personnel Action Review Board (PARB); and declaring an emergency C 8: Resolution. No. 2009-134: Relating to the Police Department; approving and authorizing full participation on the Pima County/Tucson Metropolitan Counter Narcotics Alliance, a law enforcement task force C 9: Resolution No. 2009-135: Relating to Development; approving and authorizing a final plat for Twin Peaks Retail Center C 10: Resolution No. 2009-136: Relating to Community Development; approving and authorizing submission of an application for funding under the Transportation Investment Generating Economic Recovery C 11: Resolution No. 2009-137: Relating to the Capital Improvement Program; approving and authorizing funding to support the design, environmental assessment, and permitting for the Tangerine Traffic Interchange Regular Council Meeting -September 15, 2009 -Page 131 of 224 C 12: Resolution No. 2009-138: Relating to Administration; approving fiscal year 2009-2010 budget adjustments C 13: Resolution No. 2009-139: Relating to Utilities; approving and authorizing the Mayor to execute an agreement for construction of Water Facilities Under Private Contract for the Marana Mortuary and Cemetery project C 14: Minutes of the July 21, 2009 regular council meeting and August 4, 2009 regular council meeting COUNCIL ACTION A 1: PUBLIC HEARING: Relating to Annexation; public hearing to discuss and consider an application by the Town of Marana to annex approximately 47 acres located at the northwest corner of Lambert Lane and Blue Bonnet Road alignments into the Town of Marana Presented by Lisa Shafer. No action is required during the public hearing process. John Conant, Jr. addressed Council as a resident of the area the effect of development impacting water use, the water table and the well on his property and do the road plans have any contingencies for flood control since it is a floodplain. Ms. Shafer responded that it would be a residentialproperly. A fitture desire to rezone to commercial use would have to go through the rezone process. In the General Plan it is intended for low density homes and small or neighborhood type uses. Keith Brann addressed the road issue. The Camino de Marana project was designed by the town with a drainage report analyzing the effects of a 100-year event regarding drainage and what the road would do for that. There are approximately 19 box culverts on Camino de Marana to maintain existing drainage patterns. Dorothy O'Brien addressed the issue of the water line design. The water line has been designed from Twin Peaks up to Tangerine Road although the water department does not have funding to put the water line in at present. It is anticipated that the main water would be served from another area as there are no plans to drill another water line within that particular area. A 2: Resolution No. 2009-140: Relating to Personnel; approving and authorizing an amendment to the Fiscal Year 2009-2010 classified salary schedule adopted by the Town Council on June 23,2009; adding the position of Utilities Services Supervisor and eliminating the position of Utilities Technology Coordinator; and declaring an emergency Presented by Suzanne Machain for approval of the amended classified salary schedule and is also related to item C 12. Some of the town organization's structure changed and with that in the Utilities department there was a position realigned to take on some supervisory responsibility and there was no classification title or description for that position, so a class title has been developed and she asked Council approval to incorporate that position into the classified salary schedule and eliminate the position of Utilities Technology Coordinator. Regular Council Meeting -September 15, 2009 -Page 132 of 224 Motion to approve moved by Council Member McGorray, second by Council Member Jon Posh Motion carried unanimously with a 6-0 roll call vote. BOARDS, COMMISSIONS AND COMMITTEES B 1: Resolution No. 2009-141: Relating to Boards, Commissions and Committees; standardizing and modifying the terms and term expirations of members of Town of Marana Citizen Advisory Commissions Presented by Mayor Honea as setting up staggered terms that is more concise and organized. Motion to approve moved by Council Member Clanagan, second by Council Member Posh Motion carried unanimously 6-0. B 2: Resolution No. 2009-142: Relating to Boards, Commissions and Committees; making appointments to the Town of Marana Citizen Advisory Commissions Mayor Honea explained how the selection process was made. Suggestions from commissions had been made to Council and Council reviewed all applications. One application had been pulled due to a work conflict of the applicant. He asked for approval. Motion by Council Member Clanagan, second by Council Member Posh Motion carried unanimously 6-0. This item was later amended as the terms were not determined in the original motion. Upon motion by Council Member Post, second by Council Member Clanagan, passed unanimously 6-0, with terms selected at random. Council Member Post asked if Loyalty Oaths should be given tonight. Many of the applicants were present. Council Member Clanagan asked if they could be administered afte>= the next item: B 3: Resolution No.2009-143: Relating to Boards, Commissions and Committees; appointing members to the Town of Marana Personnel Action Review Board; and declaring an emergency Mayor Honea presented and asked that John Anderson, Jack Noble, Roger Forrester, Annie Hoffman and Thomas Hestwood be appointed. He noted that Mr. McCauley had already served a full term on the PARB and this would give others a chance to serve. Mr. McCauley also serves as a member of the Public Safety Retirement System Board with the Mayor, so he will=continue to serve the town. Motion to approve the five candidates moved by Council Member Clanagan, second by Council Member Posh Motion carried unanimously by roll call vote 6-0. Motion to approve resolution 2009-143 moved by Council Member Clanagan, second by Council Member Posz Motion carried unanimously 6-0 by roll call vote. Amended motion by Council Member Post, second by Council Member Clanagan to choose the terms of the appointments for two and four year terms by random selection. Motion carried unanimously 6-0. The Loyalty Oaths were then administered by the Town Clerk. Regular Council Meeting -September 15, 2009 -Page 133 of 224 ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1: Resolution No. 2009-144: Relating to Intergovernmental Relations; authorizing and directing Town of Marana representatives concerning proposed Arizona League of Cities and Towns Resolutions Presented by Steve Huffman. He noted that Mayor Honea appointed Council Member McGorray to the League Resolutions Committee. He noted that the resolution is included in the Council packet and the 26 resolutions submitted by various cities and towns in Arizona. A subcommittee met on Thursday and is in the process of winnowing down the list. He will forward that information to Council when he receives it. Motion to approve moved by Council Member Post, second by Council Member Clanagan. Motion carried unanimously 6-0. D 2: Legislative Issues: Discussion/Direction/Action regarding all'pending bills before the Legislature Steve Huffman noted that there was one bit of legislative activity that happened today during special session. The House passed out SB 1025, a budget bill. It's ready to go to the Governor. They adjourned until Thursday. This Senate Bill has many things we have talked about in other legislative reports but of particular importance to cities and towns it will change over $3M in sweeps in LTAF. It contains the $22M in what the League believes are unconstitutional sweeps of vehicle License tax monies that are shared with local governments. To get around the constitutional requirement of a 2/3 supermajority vote in the legislative, they have directed county treasurers to take money from local governments and donate it directly to local school districts so it avoids going to the general fund. That will be challenged by the League, so they opposed it all the way along. The bill also swept directly about $19M from Maricopa County, about $3M from Pima County, allows municipalities to sweep directly from impact fees that have been collected to offset. the vehicle license tax ironies that have been taken away. This is believed to be unconsfifutional by federal and state constitutions as well as various state statutes. Missing from the proposal is the Governor's insistence on passing any sort of temporary sales tax increase'. There is also no mention of the voter protection act changes being contemplated for the ballot to allow the Legislature to address border protected issues. The Legislature passed it out with almost no amendments. Council Member Ziegler asked for clarification on the impact fee/vehicle tax shared with local jurisdictions based on populations. Mr. Huffman responded. EXECUTIVE SESSIONS Motion to go into Executive Session on item E 4 moved by Council Member McGorray, second by Council Member Comerford. Motion carried unanimously 6-0. Council left the dais at 8:49 p.m. Council returned to the dais at 9:03 p.m. Regular Council Meeting -September 15, 2009 -Page 134 of 224 E l: Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda E 2: Executive Session pursuant to A.R.S. § 38-431.03(A)(3),(4) and (7), discussion or consultation for legal advice with the Town's attorneys and discussion and to consider its position and instruct the Town Manager and staff concerning possible acquisition of certain water infrastructure and accounts and water rights and/or resources E 3: Executive Session pursuant to A.R.S. § 38-431.03(A)(3),(4) and (7), discussion or consultation for legal advice with the Town's attorneys and discussion and to consider its position and instruct the Town Manager and staff concerning (1) the lawsuit entitled Town of Marana v. Pima County/Pima County v. Marana (consolidated), Maricopa County Superior Court No. CV2008-001131, (2) pending: legal issues, settlement discussions and contract negotiations relating to the transition of Marana wastewater collection and treatment to the Town of Marana E 4: Executive Session pursuant to A.R.S. § .38-431.03(A)(4) and (7) to consider the town's position and instruct its representatives regarding negotiations for the purchase of property rights needed for the Camino de Marana & Dove Mountain Extension project, CIP number 2001-052, from the parcels of property generally identified as Pima County Assessor's parcel numbers 216-26-003A and 216-03-0040 In public session Cedric Hay presented. in regard to parcel number 216-26-003A, asking for Council approval fora otal not to exceed $54,100 and in regard to parce1216-03- 0040, asking for Council approval for an amount not to exceed $60,600. Motion to approve moved by Council Member Post, second by Council Member Clanagan. Motion carried unanimously 6-D. E 5: Executive session pursuant to A.R.S. ~ 38-431.03(A)(1) for discussion about and interviews of prospective candidates for various Town boards, commissions and committees FUTURE AGENDA ITEMS. ADJOURNMENT Motion to adjourn moved by Council Member Post, second by Council Member Clanagan. Motion carried unanimously 6-0. The meeting was adjourned at 9:05 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on August 18, 2009. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk Regular Council Meeting -September 15, 2009 -Page 135 of 224 "~~~~ ~# ~~~~ ~ ~~ ~'+~. 1 paw wII ~lkkkua 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, September 15, 2009, 7:00:00 PM To: Mayor and Council Item C 18 From: T VanHook ,Community Development Director Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2009-167: Relating to the Marana Municipal Airport; approving and authorizing the Town Manager to execute a grant agreement with the Federal Aviation Administration (FAA 3-04-0058-18) providing funding in the amount of $120,687 for design of an airport traffic control tower at the Marana Municipal Airport; and declaring an emergency Discussion: In June 2006, the Town submitted a grant request to the Federal Aviation Administration (FAA) to fund the design of a new air traffic control tower at the Marana Regional Airport under the airport development program which provides funding for construction projects at regional airports meeting FAA specified criteria. Because of the amount of funding required to complete a sighting analysis, environmental assessments and design for the tower exceeded the amount of funding available during a single fiscal year, the FAA awarded the Town funding spread across three funding periods. The funding amount allocated to the 2009-2010 period is $120,687. Financial Impact: In accordance with U.S. Title 49 Section 47108(b), these federal funds may equal a maximum of 95% of the allowable costs incurred for this project. Therefore, the Town will be required to provide a 5% match. ATTACHMENTS: 1~1atnL: Description: T~~pc: ~ Airport - BRA 18 Arnend~renf Resolution 9-2009.doc ~~~ 19 Grant,riyreernent Resolution Staff Recommendation: Staff recommends approving and authorizing the Town Manager to execute a grant agreement with the Federal Aviation Administration (FAA 3-04-0058-18) providing funding in the amount of $120,687 for design of an airport traffic control tower at the Marana Municipal Airport; and declaring an emergency. Suggested Motion: Regular Council Meeting -September 15, 2009 -Page 136 of 227 I move to approve Resolution No. 2009-167, approving and authorizing the Town Manager to execute a grant agreement with the Federal Aviation Administration (FAA 3-04-0058-18) to provide funding in the amount of $120,687 for design of an airport traffic control tower at the Marana Municipal Airport; and declaring an emergency. Regular Council Meeting -September 15, 2009 -Page 137 of 227 MARANA RESOLUTION N0.2009-167 RELATING TO THE MARANA MUNICIPAL AIRPORT; APPROVING AND AUTHORIZING THE TOWN MANAGER TO EXECUTE A GRANT AGREEMENT WITH THE FEDERAL AVIATION ADMINISTRATION (FAA 3-04-0058-18) PROVIDING FUNDING IN THE AMOUNT OF $120,687 FOR DESIGN OF AN AIRPORT TRAFFIC CONTROL TOWER AT THE MARANA MUNICIPAL AIRPORT; AND DECLARING AN EMERGENCY WHEREAS, A.R.S. § 28-8411 authorizes the Town Council of the Town of Marana to undertake all activities necessary to acquire, establish, construct, own, control, lease, equip, improve, maintain, operate and regulate an airport; and WHEREAS, the Town of Marana submitted a grant request dated June 24, 2006 to the Federal Aviation Administration (FAA) under the airport development program to fund design of anew air traffic control tower at the Marana Regional Airport; and WHEREAS, the FAA has awarded the Town of Marana funding in amount of $120,687 to fund the design for an air traffic control tower in accordance with U.S. Title 49 Section 47108(b) for airport construction projects; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. The Town Manager is authorized to execute a grant agreement and take any appropriate actions required to complete the requirements for funding under FAA 3-04-0058-18. SECTION 2. It is necessary for the preservation of the peace, health and safety of the Town of Marana that this resolution become immediately effective, so an emergency is hereby declared to exist and this resolution shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 15th day of September 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -September 15, 2009 -Page 138 of 227 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, September 15, 2009, 7:00:00 PM To: Mayor and Council Item A 1 From: Kevin Kish ,Development Services General Manager Strategic Plan Focus Area: Commerce Strategic Plan Focus Area -Additional Information: Approval of this plat will support and promote the Town of Marana's initiative for a Central Business District and downtown projects to attract and retain commerce. Subject: .PUBLIC HEARING: Ordinance No. 2009.20: Relating to Development; approving a rezoning for Marana Mercantile, on approximately 39.09 acres located west of the I-1 O Frontage Road and north of Marana Road Discussion: History This item was continued from Town Council meetings on November 18, 2008; December 16, 2008; February 3, 2009; April 7, 2009 and May 5, 2009 at the request of the applicant. Summary of Application The Planning Center, on behalf of the applicant Desert Troon Companies (formerly known as Diversified Partners Development Co.), requests approval for a change in zoning on a 39.09 acre parcel to develop a retail center. The retail center will consist of a large anchor retail store surrounded by other commercial pads of varying size. This site is located west of the I-10 Frontage Road and north of Marana Road. Rezoning Request The applicant proposes a change of zoning from "R-144" (Residential - 144,000 square foot minimum lot size) and "HI" (Heavy Industrial) to "VC" (Village Commercial). The land directly west of the site is zoned "F" (Specific Plan -Uptown at Marana). Uptown at Marana is a master planned development that comprises of a mix of commercial and residential uses of varying densities and housing types. The land south of the project is zoned "A" (Small Lot Zone) and consists of small businesses and agricultural land. The I-10 Freeway is to the east and north of the proposed project and is zoned "LI" (Light Industrial). The tentative development plan (TDP) calls for a total of 283,351 square feet of commercial/retail space. The development will provide a total of 1,495 parking spaces. The TDP is substantially compliant with current Marana land development codes and the proposed zoning district requirements. Marana General Plan/Zoning The subject property is designated as Town Center Planning Area (TCPA) per the adopted Marana Regular Council Meeting -September 15, 2009 -Page 136 of 224 General Plan. The TCPA designation is intended to be a focal point of public and private commerce surrounded by medium and high density residential neighborhoods with strategically located community facilities. Retail shops, offices, employment centers and a variety of other services and facilities will round out the Town Center Planning Area. The "VC" (Village Commercial) zoning district is a community level retail zone intended to provide for the conduct of business serving the Town of Marana and surrounding communities by the sale of goods and services and a variety of commercial and professional activities in planned mixed-development areas. It is further intended to provide employment opportunities for Marana. The proposed "VC" zoning district would be consistent with the TCPA designation of the General Plan. The subject property is also located within the Single Central Business District (SCBD). The SCBD is a geographic designation (approved and authorized by Resolution 2008-60) which is intended to be the commercial and social core of the community and is expected to include multiple mixed use developments with neighborhood shopping, dining, entertainment and residences. Traffic Circulation The development is proposing to have three access points along the I-10 Frontage Road and three access points along Marana Road. All access points will be stop-controlled except for the main access point at the Marana Road intersection which will be signalized. Internal circulation is comprised of a series of interconnected roadways that lead into various parking areas. Sewer & Water The proposed development will connect to an existing 12 inch sewer line located within Marana Road. A sewer service agreement will be required. The potable water will be provided by Marana Municipal Water Company (MMWC). A water service agreement will be required. Landscape areas will be irrigated using a secondary non-potable water source. Cortaro-Marana Irrigation District (CHID) Per Town of Marana Ordinance 91.22 and CHID District requirements, all existing ditches/canals adjoining the development will require undergrounding prior to occupancy. Fire Protection The property is located in the Avra Valley Fire District service area. Design Standards The proposed development will adhere to the Commercial Designs Standards in Title 8 of the Land Development Code. Supplemental guidelines are also found in the "Appendix" section of the Site Analysis document. These guidelines meet or exceed the Commercial Design Standards and are intended to be an information source for designers and foster more creative approach to commercial development. Public Notification Because the public hearing for this rezoning was continued to a future non-specific Council meeting, a public notice for the hearing was republished in the newspaper as well as reposted at various locations around the Town. In addition, public hearing notification letters were resent to all owners of properties within 300 feet of the site. A formal neighborhood meeting was held on October 14, 2008. To date, staff has received one email requesting information on the rezoning. Waiver of Potential Arizona Property Rights Protection_Act Compensation Claims To protect the Town against potential claims filed under the Arizona Property Rights Protection Act as a result of changes in the land use laws that apply to the rezoning areas by the Town's adoption of this ordinance, staff requires the applicant to waive any rights to compensation for diminution in value resulting from this rezoning by execution and recordation of the waiver instrument. The Consent to Conditions as a result of changes in the land use laws that apply to the rezoning areas resulting from the approval of the zoning. If the applicant doesn't forward the waiver in time to record it within 90 days after the ordinance is passed, the ordinance becomes null and void, as if no action were ever taken to pass the ordinance. Regular Council Meeting -September 15, 2009 -Page 137 of 224 ATTACHMENTS: Name: Description: Type: ^ Marana Mercantle__Rezonng Ordinance (00016534a,DOC Marana Mercantile Rezoning Ordinance Ordinance ^ _Exhibit A_-_Legal De_sc_ripton.pdf Exhibit A to Ordinance -Legal Description Exhibit ^ Marana_Mercantile_Rezoni~g Prop 207_W_a.iyer Rezoning Waiver Backup Material j00016163~.DOC ^ Exhibit onfile-Marana Mercantile Rezone.doc PGZ-08013 Marana Mercantile Exhibit Statement Backup Material ^ PCZ-08013 Marana Mercantile Rezone~df PCZ+08013 Marana Mercantile Location Map Backup Material ^ PCZ-08013 Marana Mercantile Rezone. PCZ-08013 Marana Mercantile Rezoning Application Backup Material Applcaton,.p...d. f Staff Recommendation: Staff recommends approval of the Rezoning with the following conditions: 1. Compliance with all provisions of Town Codes, Ordinances, and policies of the General Plan current at the time of development including, but not limited to, requirements for public improvements. 2. The property owner shall not cause any lot split of any kind without the written consent of the Town of Marana. 3. No approval, permit or authorization by the Town of Marana authorizes violation of any federal or state law or regulation or relieves the applicant or the land owner from responsibility to ensure compliance with all applicable federal and state laws and regulations, including the Endangered Species Act and the Clean Water Act. Appropriate experts should be retained and appropriate federal and state agencies should be consulted to determine any action necessary to assure compliance with applicable laws and regulations. 4. The Developer shall adhere to the Commercial Design Standards found in Title 8 of the Land Development Code as well as the Design Guidelines found in the Appendix of the Site Analysis document. 5. The Developer shall dedicate, or cause to have dedicated the necessary half-street rights-of-ways for Marana Road. The Developer shall be permitted to landscape and maintain the right-of--way adjacent to the property in accordance with the Town's standard license agreement. 6. The Developer shall contribute, proportionally to the project's impact, based on aTown-approved traffic impact analysis, to the cost to design and construct the circulation improvements to Marana Road, Marana Main Street, Sandario Road, the Marana Road/I-10 traffic interchange (including without limitation any improvements to the frontage road and/or construction of a shoo-fly connection from Marana Road to the frontage road, if needed), including without limitation any signalization associated with these improvements. To assure concurrency between any development and the then-existing, necessary transportation improvements, no building permit shall be issued for any construction on the property unless and until completion of all transportation improvements necessary for safe access to and from the construction. To the extent the cost to construct these concurrently needed improvements exceeds the Developer's proportionate share; the Developer may seek reimbursement for the excess through a development agreement. In no case shall the Developer ultimately be obligated to pay more than the Developer's proportional share of the costs of the infrastructure referenced in this paragraph. As provided by A.R.S. § 9-463.05, the cost of any transportation improvements constructed by the Developer for which the Town has adopted a development impact fee shall be credited against transportation impact fees payable for development within the property. Assuming the Marana Mercantile Development Agreement (the "MMDA") is approved and for so long as the MMDA is effective and the Developer. is not in default under the terms of the MMDA, the MMDA fully satisfies this condition of rezoning. Regular Council Meeting -September 15, 2009 -Page 138 of 224 7. Additional traffic studies shall be required at the development plan stage for this project. The Developer shall be responsible for the design and construction of any transportation improvements determined to be necessary by Town Staff based on the findings of those studies. Assuming the MMDA is approved and for so long as the MMDA is effective and the Developer is not in default under the terms of the MMDA, the MMDA fully satisfies this condition of rezoning, provided that the Marana Mercantile project is developed in substantial conformance with the first submittal of development plan DPR-09005 (currently on file with the Town) and the Developer finalizes the traffic study required for that development plan. 8. Final acceptance of the proposed shoo-fly connection from Marana Road to the frontage must be accepted by the Town of Marana and El Paso Natural Gas. 9. A water service agreement must be submitted by the Developer and accepted by the Utilities Director prior to the approval of water plans. 10. A sewer service agreement must be submitted by the Developer and accepted by the entity responsible for wastewater management and the Town Engineer prior to the approval of the sewer plan. 11. Installation of anon-potable system shall be required to serve the common open space areas and other landscaped amenities as accepted by the Town of Marana. 12. If it is determined that such rights exist on the property and are owned by the Developer at the time of the development plan, the property owner shall transfer with the development plan, by the appropriate Arizona Department of Water Resources form, those rights being IGR, Type I or Type II to the Town of Marana for the Town providing designation of assured water supply and water service to the property. If Type I or Type II is needed on the property, the Town and Developer/Landowner shall arrive at an agreeable solution to the use of those water rights appurtenant to the property. 13. Prior to issuance of any grading permits, the Developer shall resolve any outstanding cultural resources issues. 14. The architectural elevations of the Walmart included within the Site Analysis document have been reviewed by Staff against the Commercial Design Standards in Title 8 of the Land Development Code and shall not be significantly altered to reduce or remove any of the architectural elements as depicted. Commission Recommendation - if applicable: A public hearing for this case was held during the October 22, 2008, Planning Commission meeting. The Planning Commission voted unanimously 6-0 (Commissioner Le Page-Wood excused) to recommend approval to the Town Council. Suggested Motion: I move to adopt Ordinance No. 2009.20, approving a rezoning for Marana Mercantile, on approximately 39.09 acres located west of the I-10 Frontage Road and north of Marana Road. Regular Council Meeting -September 15, 2009 -Page 139 of 224 MARANA ORDINANCE N0.2009.20 RELATING TO DEVELOPMENT; APPROVING A REZONING FOR NIARANA MERCANTILE, ON APPROXIMATELY 39.09 ACRES LOCATED WEST OF THE I- I 0 FRONTAGE ROAD AND NORTH OF MARANA ROAD WHEREAS, DTD-Devco 10, L.L.C., is the owner of approximately 39.09 acres of property located west of the I-10 Frontage Road and north of Marana Road within a portion of Section 21, Township 11 South, Range 11 East, as described on Exhibit A attached to and incorporated by this reference in this Ordinance (the ``Rezoning Area"); and WHEREAS, the Marana Planning Commission held a public hearing on October 22, 2008, and at said meeting voted 6-0 (Commissioner La Page-Wood excused) to recommend that the Town Council approve this rezoning; 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 September 15, 2009, and have determined that this rezoning should be approved. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: SECTION 1. This rezoning complies with the General Plan. SECTION 2. The zoning of the Rezoning Area is hereby changed from "R-144" (Residential -144,000 square foot minimum lot size) and "HI" (Heavy Industrial) to "VC" (Village Commercial) on the 39.09 acres of land located west of the I-10 Frontage Road and north of Marana Road. SECTION 3. The intent of this rezoning is to allow the development of a retail center. This rezoning is subject to the following conditions, the violation of which shall be treated in the same manner as a violation of the Town of Marana Land Development Code (but which shall not cause a reversion of this rezoning): Compliance with all provisions of Town Codes, Ordinances, and policies of the General Plan current at the time of development including, but not limited to, requirements for public improvements. 2. No lot split of any kind is allowed without the written consent of the Town of Marana. No approval, permit or authorization by the Town of Marana authorizes violation of any federal or state law or regulation or relieves the applicant or the land owner from responsibility to ensure compliance with all applicable federal and state laws and regulations, including the Endangered Species Act and the Clean Water Act. Appropriate experts should be retained and appropriate federal and state agencies should be consulted to determine any action necessary to assure compliance with applicable laws and regulations. Regulq~~yl~e~~~~~e®tember 15, 2009 -Page 1~i~~`1 Of 3 4. The Developer shall adhere to the Commercial Design Standards found in Title 8 of the land Development Code as well as the Design Guidelines found in the Appendix of the Site Analysis document. 5. The Developer shall dedicate, or cause to have dedicated the necessary half-street rights-of-way for Marana Road. Developer shall be permitted to landscape and maintain the right-of--way adjacent to the Rezoning Area in accordance with the Town's standard license agreement. 6. The Developer shall contribute, proportionally to the project's impact, based on a Town- approved traffic impact analysis, to the cost to design and construct the circulation improvements to Marana Road, Marana Main Street, Sandario Road, the Marana Road/I-10 traffic interchange (including without limitation any improvements to the frontage road and/or construction of a shoo-fly connection from Marana Road to the frontage road, if needed), including without limitation any signalization associated with these improvements. To assure concurrency between any development and the then-existing, necessary transportation improvements, no building permit shall be issued for any construction on the Rezoning Area unless and until completion of all transportation improvements necessary for safe access to and from the construction. To the extent the cost to construct these concurrently needed improvements exceeds the Developer's proportionate share; the Developer may seek reimbursement for the excess through a development agreement. In no case shall the Developer ultimately be obligated to pay more than Developer's proportional share of the costs of the infrastructure referenced in this paragraph. As provided by A.R.S. § 9-463.05, the cost of any transportation improvements constructed by the Developer for which the town has adopted a development impact fee shall be credited against transportation impact fees payable for development within the Rezoning Area. Assuming the Marana Mercantile Development Agreement (the "MMDA") is approved and for so long as the MMDA is effective and the Developer is not in default under the terms of the MMDA, the MMDA fully satisfies this condition of rezoning. 7. Additional traffic studies shall be required at the development plan stage for this project. The Developer shall be responsible for the design and construction of any transportation improvements determined to be necessary by Town Staff based on the findings of those studies. Assuming the MMDA is approved and for so long as the MMDA is effective and the Developer is not in default under the terms of the MMDA, the MMDA fully satisfies this condition of rezoning, provided that the Marana Mercantile project is developed in substantial conformance with the first submittal of development plan DPR-09005 (currently on file with the Town) and the Developer finalizes the traffic study required for that development plan. 8. Final acceptance of the proposed shoo-fly connection from Marana Road to the frontage must be accepted by the Town of Marana and El Paso Natural Gas. 9. A water service agreement must be submitted by the Developer and accepted by the Utilities Director prior to the approval of water plans. 10. A sewer service agreement must be submitted by the Developer and accepted by the entity responsible for wastewater management and the Town Engineer prior to the approval of the sewer plan. 11. Installation of anon-potable system shall be required to serve the common open space areas and other landscaped amenities as accepted by the Town of Marana. Reguly~~~l~e~gt~'~~~~~tember 15, 2009 -Page 1~1~~2~ Of 3 12. If it is determined that such rights exist on the Rezoning Area and are owned by the Developer at the time of the development plan, the property owner shall transfer with the development plan, by the appropriate Arizona Department of Water Resources form, those rights being IGR. Type I or Type II to the Town of Marana for the Town providing designation of assured water supply and water service to the Rezoning Area. If Type I or Type II is needed on the Rezoning Area, the Town and Developer/Landowner shall arrive at an agreeable solution to the use of those water rights appurtenant to the Rezoning Area. 13. Prior to issuance of any grading permits, the Developer shall resolve any outstanding cultural resources issues. 14. The architectural elevations of the Walmart included within the Site Analysis document have been reviewed by Staff against the Commercial Design Standards in Title 8 of the Land Development Code and shall not be significantly altered to reduce or remove any of the architectural elements as depicted. SECTION 4. This Ordinance shall not be effective until the Town files with the county recorder an instrument (in a form acceptable to the Town Attorney), executed by the property owner and any other party having any title interest in the Rezoning Area, that waives any potential claims against the Town under the Arizona Property Rights Protection Act (A.R.S. § 12-1131 et seq., and specifically A.R.S. § 12-1134) resulting from changes in the land use laws that apply to the Rezoning Area as a result of the Town's adoption of this Ordinance. If this waiver instrument is not recorded within 90 calendar days after the motion approving this Ordinance, this Ordinance shall be void and of no force and effect. SECTION 5. 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, as of the effective date of this Ordinance. SECTION 6. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision- of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 15~' day of September, 2009. ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Mayor Ed Honea Regulq~~~I~E~~~p-p~~®tember 15, 2009 -Page 14~~~2~ Of 3 EXHFBiT A PARCEL 1 That portion of the East hail of the Northeast quarter of Section 21 Township 1 1 South Range 11 East, Gila and Satt River Base and Meridian, Pima County, Arizona, described as follows, to wit: , Commencing at a pointon the east like of said Section, disfsnt 1744 feet southerly from the corner common to.Seciions 15, 1.5, 21 and 22, in said Township and Range; Thence North 49°36' West 403.0.0 feet to a point.; ' Thence West 93 feet to a point; Thence South 668 feet to a point; Thence Easf 400 feet to the east line of said Section 21; Thence Northerly along the east fine of said Section 21, a distance of 407 feet •{o the place of beginning.. EXCEPTING TWEREFROM that portion lying within the boundaries of the Interstate 10 {also known as the Tucson-Casa Grande Wighway, also known as the Tucson-Picacho W'sghway), as it rtow exists, shown on those certain A.D.O,T. plans dated September 6, 1980, Project No. I-10-4 (26! 231 and in Pima County, Project F.3.94 according to the map.thereof filed #or record in the office of the County.Record'er of Pima County, Arizana on June 6, 1980, Instrument #117973. PARCirI. 2 That partion of the Northeast quarter of Section 21 Township 11 South Range 11 East, Gila and Salt River Base and Meridian, Pima County, Arizona, described as foilows: All of the East 8A.7 feet of the East half of the Northeast quarter of Section 21 lying South of t1Ze Southwest right of way Vine of Interstate 10 {aiso known as the Tucson-Casa Grandy Wighway, also known as the Tucson-Picacho Wighway), as it now exists, shown on those certain A.D.O.T. plans da#ed September 6, 19'$0, Project I-10-4 {26} 231 and in Pima County, Project F.I. 94 according •to the map thereof filed for record in the office of the County Recorder of Pima County, Arizona on June 6,1950, Instrament ff17873. EXCEPTING TWEREi`ROiVithat portion lying within Trico Marana Road as established as Road No. 144 on December 6, 1926, by She Pima County Board ofi Supervisors. FURTWER EXCEPTING THEREFROM that parcel conveyed to Western Cotton Oii Co. by Deed dated November 10., 3 950 and recorded November i 6, 1950 in Docket 30'0 at page 540; FURTWER EXCEPTING THEREFROM that portion conveyed to the State of Arizona by and through'rts DepartmentofTranspaRatian by Warranty Deed dated December 8, 1992recarded May .j 1, 1993 in Docket 9538 at page 369. Regular Council Meeting,- September 15, 2009 -Page 143 of 224 PARCEL 3 "fhe West 533 feet of the East 7 380 feet of that portion of the Northeast quarter of Section 21 Township 11 South Range 11 East, Gita and Salt River Base and Meridian, Pima County, Arizona, lying South of the southwesterly right of way line of fnterslate 10 {'also known as the Tucson-Casa Grande Highway, also [mown as the Tucson-Picacho Highway) as it now exists, shown an those certain A.D:O.T. plans dated September 6, 19fi0, Project No. I-10-4 (26? 231 and in Pima County. Pro;ect 1=.1. 94 according to the map thereo# filed for record in the office of the~County Recorder of Pima County, Arizona on June 6, 1950, Instrument #17973 EXCEPTING THEREFROM that portion lying w'sihin Trica Mariana Road as established as Road No. 144 on December fi, 1326 by the Pima County Board of Supervisors. PARCEL 4 ' - .That part of~the West 300 feet of the East 1680 fleet of the Northeast quarter of Section 21 Township 11 South Range 11 East, Gila and Sslt River Base and lVieridian, Pima. County, Arizona, Eying South and West of the soutftwesterty right of way' line of Interstate i 0 iaiso known as the Tucson-Casa Grande Highway, also known as the Tucson-Picacho Highway) as ~. it now exists, shown on those certain A.D.(}.T. plans dated September 6, 196A, Project'No. I-10-4 (26) 23'I and in Pima County, Project F.l. 94 according to the map'thereof filed for record in the ofifice of the County Recorder of Pima County, Arizona on June 6, 1950, Instrument >ii 17973 EXCEPTWG THEREFROMihat portion lying within Trico lvtarana Road as established as Road No. 144- on December 6, 1926 by the Pima County Board of Supervisors. Regular Council Meeting -September 15, 2009 -Page 144 of 224 CONSENT TO CONDITIONS OF REZONING AND WAIVER OF CLAIMS FOR POSSIBLE DIMINUTION OF VALUE RESULTING FROM TOWN OF MARANA ORDINANCE N0.2009.XX DTD-DEVCO 10, L.L.C., an Arizona limited liability company, (the "Owner") owns the land referred to in this instrument as the "Property," which is particularly described in Exhibit A attached to Marana Ordinance No. 2008.26 (the "Rezoning Ordinance") and incorporated by this reference in this instrument. The Property is the subject of Town of Marana rezoning case number PCZ-08013, filed on behalf of the Owner, which the Marana Town Council approved with conditions on September 15, 2009 by the adoption of the Rezoning Ordinance. The Owner hereby agrees and consents to all of the conditions imposed by the Marana Town Council in conjunction with the approval of the Rezoning Ordinance and waive any right to compensation for diminution in value pursuant to Arizona Revised Statutes § 12-1134 that may now or in the future exist as a result of the approval of the Rezoning Ordinance. The Owners also consent to the recording of this document in the office of the county recorder, to give notice of this instrument and its effects to successors in interest of the Property, who shall also be bound by it. Dated this day of , 2009. STATE OF ARIZONA ) ss County of Maricopa ) The "Owner": DTD-DEVCO 10, L.L.C., an Arizona limited liability company By: DTR1, L.L.C., an Arizona limited liability company, Manager Gary S. Elbogen, Authorized Agent Date: The foregoing instrument was acknowledged before me on by Gary S. Elbogen, the Authorized Agent of DTR1, L.L.C., an Arizona limited liability company, Manager of DTD- DEVCO 10, L.L.C., an Arizona limited liability company, on behalf of the company. My commission expires: Notary Public Regul~6~~~i~ f~~ti~ -September 15, 2009 -Page 145 of 224 ~~ ~ ~FLL '- ~-rr r , ~~~~~' ~. ) ~~~ - ,_, ; ~ ` ~~- -` 4 ~- . ~ Marana Mercantile Rezone CASE PCZ-08013 Villages of Tortolita Specific Plan Area o' U~ LV SAGEBRUSH RD o z Subject Prope rty Z S L an ucas Uptown at Marana Spec fic Plan Area t i~T~~ S T,9 T~ ~ ~ W MARAN.A R D Circle K Marana Chevron 0 0 n z Q z W GRlER RD . RegUE',St o zoo iaoo tt. A request for approval to rezone a 39.09 acre parcel from R-144 (Residential - 144,000 square foot minimum lot size) & HI (Heavy Industrial) to VC (Village Commercial). Data Disclaimer: The Town of Marana provides this map information 'As Is' at the request of the user with the understanding that is not guaranteed to be accurate, correct or complete and conclusions drawn from such information are the responsibility of the user. In no event shall The Town of Marana become liable to users of these data, or any other party, for any loss or direct, indirect, special,incidental or consequential damages, including but not limited to time, money or goodwill, arising from the TOWN OF MAItANA Planning Department 11555 W. Civic Center Dr. Marana AZ $5653 (520j382-2600 Fax; (520)382-2639 PLANNING & ZONING APPLICATION 1, T'YPL; OF t1PYLiCAT10N (Check One} o Preliminary Plat o General Pian Amendment o Variance o Final Plat o Specific Plan Amendment o Conditional Use Permit o Development Plan a Rezone/Specific Plan o Other o Landscape Plan o Significant Land Use Change o Native Plant Permit. o Minor Land Division 2. GENERA4I}ATt1 ItE tiIRED Assessor's Parcel Number(s) General Plan Designation 217-25-0028 To beconfirmedb sta c~wn Center Plannin Gross Area (AcrelSq. Ft.) Current Zoning 0 acre To be confirmed b sta -144 aril IiI DevelopmentlProjectName Proposed Zoning arana Mercantile Rezone C Project Location N. of Marana Rd. , W, of I-10 Fronta e Rd. E. of U town. at Ma n Description of Project 271 12S SF Commercial Retail Property Owner Diversified Partners Develo ment Com an Street Address . 5635 N Stottsdale Road Suite 150 City State Zip Code Phone Number Fax Number E-Mail Address elizabeth @ Scottsdale AZ 85250 480-947-8$00 480-947-8830 d ere.com Contact Person Phone Number Liz Gaston 480-947-8800 Applicant Same as Property Owner Street Address City State Zip Code Phone Number Fax Number E-Mail. Address Contact Person Phone Number AgentlRepresentative The Plannin Center Street Address 110 South Church Avenue Suite 2 City State Zip Code Phone Number Fax Number E-Mail Address lmorales @ Tucson A2 85701 520-b23-blob 20-622-1950 az lannin_center. Contact Person Town of Marana Linda Morales Business License No. 102691 3. AUTHORIZA'FIONOF I'ROYERTY O«'NEK I, the undersigned, certify that all of the facts set forth in this application are true to tl~e best of nzy knowledge and that I am either the owner of the property or that I have been authorized in writine by the owner to file this application and checklistr (If not owner of record, attach written authorization from the owner) "` ` ~t~ ~ ~J !' ~ t T ~: ~ er ~ y~ ~ / (} /~ ~ {~ ~ j t / ~ '' ~Y IK-mI f `{ Y i VF YiJ~~ ~"'.y..-'mo`t-~' Print Name of A licantlA ent Si nature Date ~~ MARAN ~/ t ~. ,a,,..w, rea com X:ASHARED FILES\Review CltecklistlAppiication.dae May 2005 Regular Council Meeting -September 15, 2009 -Page 148 of 224 THEPIAN_ N_INGCENTER_ ~~s~nn ~ tf~t"' i>rOUp, 1nC -~i-~~~_n ;ia ^'?~- 'uc s.^n az 95761 October2008 Marano Mercantile Rezone Marana Mercantile Rezone West of I -10 Frontage Road and North of Marano Road Marana, Arizona PCZ-08013 Submitted to: Town of Marano Planning Department 11555 West Civic Center Drive Marano, Arizona 85653 Prepared for.• Diversified Partners Development Company 5635 North Scottsdale Road, Suite 150 Scottsdale, Arizona 85250 Telephone: (480) 947-8800 Prepared by.• The Planning Center 110 South Church Avenue, Suite 6320 Tucson, Arizona 85701 Telephone: (520) 623-6146 With assistance from: BSW International 10835 North 25f" Avenue, Suite 250 Phoenix, Arizona 85029 Telephone: (602) 567-2509 BRR Architecture 2400 East Arizona Biltmore Circle Phoenix, Arizona 85016 Telephone: (602) 386-4826 Kittleson & Associates, Inc. 33 North Stone Avenue, Suite 800 Tucson, Arizona 85701 Telephone; (602) 386-4826 ZIA Engineering and Environmental Consultants, LLC. 775 South Telshor Boulevard, Suite F-201 Las Cruces, New Mexico 88011 Telephone; (575) 532-1526 Table of Contents ii t t Marana Mercantile Rezone And.• B.D. Baker Company 6617 North Scottsdale Road, Suite 205 Scottsdale, Arizona 85701 Telephone; (520) 544-4067 E~3 Table of Contents iii 0 1 n Marana Mercantile Rezone Table of Contents Introduction .................................................................................................................. Inventory and Analysis ................................................................................................. A. Existing Land Uses ............................................................................................... 1. Site Location and Regional Context ................................................................. 2. Existing On-Site Land Uses ............................................................................. 3. Existing Land Uses within aOne-quarter-mile Radius ..................................... 4. Location of Wells within 100 Feet .................................................................... B. Topography ........................................................................................................... 1. Topographic Features ...................................................................................... 2. Pre-Development Average Cross-slope ........................................................... C. Hydrology .............................................................................................................. 1. Off-Site Watersheds ......................................................................................... 2. Off-Site Natural and Man-Made Features ........................................................ 3. Upstream Off-Site Watersheds with 100-year Discharges Greater than 50cfs 4. On-Site Hydrology ............................................................................................ 5. Existing Drainage Conditions along Downstream Property Boundary ............. D. Vegetation ............................................................................................................. 1. Vegetation Communities .................................................................................. 2. Significant Cacti, Trees, and Concerned Species ............................................ 3. Vegetation Densities ........................................................................................ E. Wildlife ...............................................................................................................:.. 1. Letter from Habitat Specialist ........................................................................... F. Viewsheds ............................................................................................................ 1. Viewsheds Onto and Across the Site ............................................................... 2. Areas of High Visibility ..................................................................................... G. Traffic .................................................................................................................... 1. Existing and Proposed Off-Site Streets ............................................................ 2. Arterial Streets within One Mile ........................................................................ 3. Existing and Proposed Intersections within One Mile ...................................... 4. Existing Bicycle and Pedestrian Paths and Bus Routes .................................. H. Recreation and Trails ............................................................................................ 1. Trails, Parks and Recreation Areas within One Mile ........................................ I. Cultural/Archaeological/Historic Resources .......................................................... 1. Locations of Resources .................................................................................... 2. Letter from Qualified Archaeologist .................................................................. J. Sewer .................................................................................................................... 1. Existing Sewer Network and Capacity Response ............................................ K. McHarg Composite Map ....................................................................................... Land Use Proposal ...................................................................................................... A. Project Overview ................................................................................................... B. Relationship to Town of Marana General Plan ..................................................... C. Tentative Development Plan ................................................................................. D. Existing Land Uses ............................................................................................... ................1 ................2 ................ 3 ................3 ................ 3 ................3 ................ 7 ..............10 ..............10 ..............10 ..............12 ..............12 ..............12 ..............12 ..............12 ..............14 ..............14 ............. 14 ..............16 ..............16 ..............16 ..............16 ..............19 ..............19 ..............19 ..............23 ..............23 ..............25 ..............25 ..............26 ..............26 ............. 26 ..............28 ..............28 ..............28 ..............30 ..............30 ..............33 ..............35 ..............36 .............. 36 ..............37 ..............37 ~a Table of Contents iv fl fl [~ ii C! t Marana Mercantile Rezone 1. Zoning Boundaries and Existing Land Uses ................................................................... 37 2. Impacts to Existing Land Uses ........................................................................................ 37 E. Topography .......................................................................................................................... 40 1. TDP Responses to Topographic Characteristics ............................................................ 40 2. Encroachment onto 15% Slopes ..................................................................................... 40 3. New Average Cross-Slope .............................................................................................. 40 F. Hydrology ............................................................................................................................. 40 1. TDP Responses to Hydrological Characteristics ............................................................ 40 2. Encroachment/Modification of Drainage Patterns ........................................................... 40 3. Potential Drainage Impacts ............................................................................................. 40 4. Design Features to Address Drainage and Erosion Problems ........................................ 41 5. TDP Conformance to Plans and Policies ........................................................................ 41 G. Vegetation and Wildlife ........................................................................................................ 43 1. TDP Response to Vegetative Characteristics ................................................................. 43 2. TDP Response to the Native Plant Ordinance ................................................................ 43 H. Buffers ................................................................................................................................. 43 I. Viewsheds ........................................................................................................................... 43 J. Traffic ................................................................................................................................... 44 1. Traffic Analysis Report .................................................................................................... 44 K. Public Utilities ...................................................................................................................... 45 1. Provisions for Sewer, Water, Gas and Electric Service .................................................. 45 L. Public Service Impacts ........................................................................................................ 47 1. Potential Impact to Police, Fire and Sanitary Pick-up Services ....................................... 47 2. Impact on Schools ........................................................................................................... 47 M. Recreation and Trails ........................................................................................................... 48 1. Provided Recreation Areas ............................................................................................. 48 2. Access to Off-Site Trails .................................................................................................. 48 N. Cultural/Archaeological/Historic Resources ......................................................................... 48 Appendix ..................................................................................................................................... 49 Table of Contents v t ~i 1 1 Marana Mercantile Rezone List of Exhibits Exhibit I.A.1: Location and Vicinity Map ........................................................................................4 Exhibit I.A.2: Existing Land Uses ................................................................................................ ..5 Exhibit I.A.3.a: Existing Zoning ................................................................................................... ..6 Exhibit I.A.3.d: Subdivision and Development Plans .................................................................. ..8 Exhibit I.A.4: Well Locations ....................................................................................................... ..9 Exhibit 1.B.1:Topography ............................................................................................................ 11 Exhibit I.C.1: Hydrology .............................................................................................................. 13 Exhibit I.D.1: Vegetation Communities ....................................................................................... 15 Exhibit I.E.1: AGFD Online Reference ........................................................................................ 18 Exhibit I.F.1.a: Photo Key ........................................................................................................... 20 Exhibit I.F.1.b: Site Photos .......................................................................................................... 21 Exhibit I.G.1: Traffic .................................................................................................................... 24 Exhibit I.H.1: Trails, Parks, and Recreation ................................................................................ 27 Exhibit 1.1.2: Arizona State Museum Letter .................................................................................. 29 Exhibit I.J.1.a: Sewer Network .................................................................................................... 31 Exhibit I.J.1.b: Capacity Response ............................................................................................. 32 Exhibit I.K.1: Composite Map ...................................................................................................... 34 Exhibit II.C.1: Tentative Development Plan ................................................................................ 38 Exhibit II.D.1: Zoning Boundaries ............................................................................................... 39 Exhibit II.F.1: Post-Development Hydrology ............................................................................... 42 Exhibit II.K.1.b: Statement of Water Service ............................................................................... 46 Exhibit III: Walmart Building Elevations ..................................................................................... 51 List of Tables Table I.A.3.a: Existing Zoning .............................................. Table I.A.3.b: Existing Off-Site Land Uses ........................... Table I.A.3.c: Existing Off-Site Stories ................................. Table I. D.2: Vegetation Density ........................................... Table I.E.1.a: Special Status Species .................................. Table I.F.2: Visibility ............................................................. Table I.G.1: Planned Roadway Improvements .................... Table I.G.2.a: Existing Rights-of-Way .................................. Table I.G.2.b: Street Characteristics .................................... Table I.G.2.c: Average Daily Trips ....................................... ......................................................... 3 ......................................................... 3 ......................................................... 7 .......................................................16 .......................................................17 .......................................................19 ....................................................... 25 ....................................................... ....................................................... 25 ....................................................... 25 ~;~ ~~ Table of Contents i 1 u 1 1 1 t Introduction Marana Mercantile Rezone The Marana Mercantile Rezone is located in the northernmost portion of the Northwest Marana Area Plan's Town Center Planning Area, which is envisioned to function as the community's governmental, social, cultural, recreational and retail center. The land use concept plan seeks to create an attractive and economically successful retail center to support existing and proposed residential development in northern Marana and southern Pinal County. This development will serve as a gateway into the Town of Marana -- a vibrant multi-purpose center with a unique character, but designed using many of the same unifying themes as the remainder of the Town Core. Specialty landscaping and open space areas will be located throughout the development, minimizing the impact of parking areas. Common areas, such as public plazas or small shaded seating areas will be incorporated into the center to encourage outdoor activity. The following report summarizes the site inventory and analysis and land use proposal for the subject property located west of the I-10 Frontage Road and north of Marana Road in Marana, Arizona. The purpose of the study is to identify factors directly or indirectly influencing the rezoning of the property to the proposed level. The 39.09-acre project site lies within Township 11 S, Range 11 E, Section 21 and consists of a single parcel (217-25-0026). The majority of the project site is currently zoned R-144 (Residential Zone) with a small triangle at the southwest corner zoned HI (Heavy Industrial). The proposal is to rezone the project site to VC (Village Commercial Zone) for the development of a large scale anchor retail with smaller retails pads. This report is prepared for the Town of Marana Planning Department in accordance with the Town of Marana zoning requirements. The following Site Analysis and Tentative Development Plan were prepared in accordance with The Town of Marana Land Development Code and Rezone Site Analysis Review requirements. The report is compiled utilizing information based on site visits, topographic and hydrologic analyses, aerial photography, archaeological and traffic analyses, correspondence with appropriate governmental agencies, and additional background information. The Preliminary Development Plan contained herein responds to the site's opportunities and constraints, while addressing sound engineering and planning practices. ~ ~ Inventory and Analysis 1 t t 1 1 1 1 ;, Inventory c~r'~ :, r ..f, _~~ y =.i ~. _..~ ~~ ~~ _ x ~. ~t ,~_ { k _~_ ~ ~: ~~, :~. :~ Marana Mercantile Rezone A. Existing Land Uses 1. Site Location and Regional Context The project site is located on 39.09 acres located west of the I-10 Frontage Road and north of Marana Road in Marana, Arizona. The property lies within Township 11 S, Range 11 E, Section 21 and consists of one assessor parcel number 217-25- 002B. It is situated in the Town Center Planning Area of the Northwest Marana Area Plan per the General Plan. The project site is primarily surrounded by agricultural properties; however, there are many proposed and approved commercial and residential development projects within close proximity. (See Exhibit I.A. 1: Location and Vicinity Map.) 2. Existing On-Site Land Uses The site is currently vacant. (See Exhibit I.A.2: Existing Land Uses.) 3. Existing Land Uses within aOne-quarter-mile Radius a. Existing On-Site and Off-Site Zoning Table I.A.3.a: Existing Zoning Project Site R-144 Residential and HI Heav Industrial North LI Li ht Industrial , F S ecific Plan -Villa es of Tortolita South A Small Lot Zone ,and VC Villa e Commercial East LI (Light Industrial), VC (Village Commercial), and E Trans ortation Corridor west F S ecific Plan - U town at Marana (See Exhibit /.A.3. a: Existing Zoning.) b. Existing Off-Site Land Uses Table I.A.3.b: Existing Off-Site Land Uses North Vacant, and A ricultural South Vacant, A ricultural and Commercial East Vacant West Vacant and A ricultural (See Exhibit I.A.2: Existing Land Uses.) t¢ Inventory and Analysis 3 Marana Mercantile Rezone Exhibit I.A.1: Location and Vicinity Map Legend Note ~tioR,M rHE ~~ } Site Boundary Project Site Location: [_~_~ ~ CE TER G Township 11 S, Range 11 E 8 Section 21 Township, Range and Section Acreage: 39.09 acres ~ `~` ~ooo~ Pa rce I I D#: 217-25-002 B LacaUan. DP6071eahbrtsisite_lacabon Source. Puna County DOT Geographical Inicrmalwn Serices. 2406 Inventory and Analysis 4 Marana Mercantile Rezone Exhibit I.A.2: Existing Land Uses 'x`. Legend NORTH THE PLANNING Site Boundary ` CENTER - - One-Quarter Mile Radius o soo~ ~,ooo~ Loran on. rPi-omexhidts~exisang_iand_uses Source. Pima County DOT Geographic Inform anon Semces, 2006 Inventory and Analysis 5 Marana Mercantile Rezone Legend j._. 1 Site Boundary r ~ One-Quarter Mile Radius AG (Agricunural) R-144 (Single Family ResidenliaQ ~-. _. _ VC (Village Commerciaq i . ....;;1 HI (Heavy Industrial) ~» i E (Transportation Corridor Zone) f ___ LI (Lght Industrial) , F (Specific Plan) .i A (Small Lot Zone) R~ (Single Family Residentiaq Exhibit I.A.3.a: Zoning NOR~" THE ~, PLANNING CENTER a soo~ roao~ File OPD~011e~Olslroning mx0 Source. Pma Cwnty D07 Geographic Irdormahm Services. 2DO8 Inventory and Analysis 6 Marana Mercantile Rezone Number of Stories of Existing Structures Located Off-site Table I.A.3.c: Existing Off-Site Stories North Vacant South Commercial 1 Sto East Vacant West Vacant Pending Rezonings, Conditional Rezonings, and Subdivision/Development Plans Approved Uptown at Marana (PCZ-06099) is an approved Specific Plan located immediately west of the project site. This Specific Plan proposes a variety of uses from medium- and high-density residential to mixed-use, neighborhood commercial and regional commercial. The total area of Uptown Marana is approximately 205 acres, 123 of which are proposed for commercial use and the remaining will be comprised of up to 930 residential lots. Directly south of the project site is a seven-lot commercial subdivision that was approved in 1962 called Nichol's Addition. The Villages of Tortolita (PCZ-06047) is an approved specific plan and is located north of the project site, east of Interstate 10. Approximately 411 acres of the 1,780-acre site is designated for mixed-use development consisting of commercial and residential development, the remainder for single-family residential development. A total of 6,500 residential units are allowed in this project. (See Exhibit I.A.3.d: Subdivisions and Development Plans.) Also within cone-quarter mile radius located east of I-10 and south of The Villages are Blocks 1 and 10 of the San Lucas Subdivision (PRV-02074). These portions of the subdivision are zoned VC (Village Commercial). e. Architectural Styles Used in Adjacent Projects Adjacent development consists of no particular architectural style. ' 4. Location of Wells within 100 Feet According to the Pima County Department of Transportation (DOT) Geographic Information Services and the Arizona Department of Water Resources there are two well sites located on the subject property. The well sites are located near the southwest corner of the site and are registered to Cortaro-Marana Irrigation District (Registry ID #s 604815) and the Arizona Board of Regents (Registry ID # 618712). No other well sites are located within a 100-foot radius of the subject property. (See Exhibit I.A.4: Well Locations.) Inventory and Analysis 7 i~ Marana Mercantile Rezone Exhibit I.A.3.d: Subdivision and Development Plans IYit ~ ~ y Site Plan Bounda ~--~ ~ San Lucas- T PLANNING ~' ~" rY ~ ~ Approved Subdivisions ~ CENTER ~ One-Quarter Mile Radius Barrios de Marana- o scc i.ooa ® Nichol's Addition Conditionally Approved Specific Plan Marana Vista- Residential Subdivision ~ .Uptown at Marana- tocanan OPG011e~ad5Yeglonal dent J Conditonall A roved Vlla es of Tortolita - sa,ece ~~ cwMy oorcxoq~aomom Y PP 9 miamm~, services. zags Specific Plan Conditionally Approved Specific Plan Inventory and Analysis 8 ~ '~ ~ ~ Marana Mercantile Rezone Exhibit I.A.4: Well Locations ~, ~~ ~ ~ ~. ~ `~ ~ • ~ ~ ~ ~ ~ ~; °~~ ~ •, ~o I ` ld9` ~~ 1 ~ Opp 1 ` 4' 1 ~ ,• `~, `, `` 1 , 1 ~ Cortaro-Marana irrigation `~ ~ ~ I Arizona Board of Regents ~ ©# 604815 ~~ ~ # 618712 ` I ~ ~) Legend Site Boundary - - 100-Foot Radius © Existing Wells # Well Registry ID Number NOR"' THE ~' T , PLANNING L~ CENTER 200' ao0 Fk~ DPGR h~..M;m,.u Sovice Pima ~.ouily GC~T Geographic Information Serices. '_'006 Inventory and Analysis 9 t Marana Mercantile Rezone B. Topography 1. Topographic Features The property site has no significant topographical features as it has been leveled for agricultural and industrial uses. The elevations on the property range from 1,980 feet in the southeast comer to 1,970 feet in the northwest corner. Existing topography is shown at 1' contour intervals. (See Exhibit 1.8.1: Topography.) a. Hillside Conservation Areas There are no Hillside Conservation Areas associated with the site. b. Rock Outcrops There are no rock outcrops existing on the subject property. c. Slopes of 15% or Greater There are no slopes 15% or greater on the subject property. d. Other Significant Topographic Features There are no topographic features such as peaks or ridges on the project site. However, there are existing irrigation ditches running through the site. 2. Pre-Development Average Cross-slope The pre-development cross slope is 0.84% based on the formula below. Average cross slope = (I x L x 0.0023) _ (1 x 14.291 x 0.0023) = 0.84% A 39.09 Where: I =contour interval (1') L =total length of contours (14,291) 0.0023 =conversion of "square feet" into "acres x 100" A =total site area in acres (39.09) Inventory and Analysis 10 t i t Marana Mercantile Rezone Exhibit 1.B.1: Topography ~~ ~ oc ~~~ ~~ __ - ~ ~ ~, - - ~ _=ate _ __~.. ,.,~ c ses-a„sw ~ex.:s Marana Road ~ Legend Notes ~_ 1:.:lProjeet Boundary There are no slopes 15 percent or greater, no rock X975 ~' Elevation Contours outcxops, and no peaks or ridges on the site. va>•F: a ~, il~ " iilF NAME. DPD-0I ~E%N~ITS.ON~ IOPO it.,~ ~~ Inventory and Analysis 11 Marana Mercantile Rezone C. Hydrology 1. Off-Site Watersheds The project site is located at the northwest corner of Marana Road and the I -10 Frontage Road, on the northeast quarter of Section 21 in Township 11 South and Range 11 East of the Gila and Salt River Base and Meridian, Pima County, Arizona. The site is bounded to the south by Marana Road, to the east and north by the I-10 Frontage Road and to the west by vacant farm land. The site is not significantly impacted by off-site runoff. The runoff from Marana Road flows to the existing channel along the road and does not impact the site. A small (9.28 acres) off-site watershed area (Interstate 10 Eastbound and the I-10 Frontage Road) discharges about 49 cfs at the northwest corner of the property. This flow continues to the northwest and drains to the existing drainage ditch along the I-10 Frontage Road. Per the Pima County Critical and Balanced basin map, the entire watershed falls on the balanced basin. (See Exhibit 1. C. 1: Hydrology.) 2. Off-Site Natural and Man-Made Features Flows approaching the site from Marana Road at the south are precluded from entering the site by the existing drainage channel along the road. The runoff from the property to the northwest is being conveyed to the north to the existing drainage ditch along the I-10 Frontage Road. The runoff from the off-site watershed to the north that enters to the site from the I-10 Frontage Road is 1 approximately 49 cfs. 3. Upstream Off-Site Watersheds with 100-year Discharges Greater than 50cfs There are no off-site watersheds that generate a 100-year discharge greater than 50 cfs that affect or are impacted by the site. 4. On-Site Hydrology t The site slopes approximately 1 % from the southeast to the northwest. The on- site drainage area is approximately 39.09 acres in size. The hydrologic soil within the site is classified as 100% group "B". Group B soil is characterized by moderate water infiltration and transmission rates. The site is currently vacant and there is no significant vegetation. ' a. 100-Year Floodplains with Discharges Greater Than or Equal to 50 CFS There are no 100-year floodplains on-site with a discharge greater than or equal to 50 cfs. b. Areas of Sheet Flooding and Average Depth There is no sheet flooding area with significant flow depth. ~ ~ Inventory and Analysis 12 Marana Mercantile Rezone Exhibit I.C.1: Hydrology Inventory and Analysis 13 Legend _ _ __ --- r; JProject Boundary ~ 0100-43CFS Flow fs~e 1' Elevation Contours WSE-oa ON-SITE WATERSHED NOaT" a 200 ~D' f- Drainage Flow Arrow WSE-0FF OFF-SITE WATERSHED T , ---Watershed Boundary _ . fRE NAME OPb-0I.E%M&IS DWG PRE HYDRO Marana Mercantile Rezone c. Federally-Mapped Floodways and Floodplains The FEMA FIRM Map Number 0401900980 K, Panel No. 980, effective date: February 8, 1999, the site is currently within shaded Zone "X". Shaded Zone "X" is defined as the area of 500-year flood, area of 100- year flood with average depth of less than 1 foot or with drainage area less than 1 square mile and areas protected by levees from 100 year flood. These maps are in the process of being revised and under the new map the site will possibly be designated as a Special Flood Hazard Area (SERA) inundated by a 100-year flood. At the time of development the site will be required comply with the Town of Marana Land Development Flood Plain & Erosion Hazard Management Code (Title 21) for the appropriate FEMA designation. d. 100-Year Peak Discharges Exceeding 50 CFS The 100-year peak discharge entering the site is 49 CFS and the 100- year peak discharge from the site is 91 CFS. The total discharge leaving the site prior to development 140 CFS. 5. Existing Drainage Conditions along Downstream Property Boundary l The runoff from the site flows to northwest and drains to the existing drainage ditch along the I-10 Frontage Road. D. Ve etation g 1. Vegetation Communities The site has been completely disturbed from previous agricultural uses and a cotton gin on the property with most, if not all, of the native vegetation having been removed. According to the Pima County Department of Transportation (DOT) Geographic Information Services, the site is designated as Low Elevation Valley Floor. The majority of the land is also designated as "Agricultural" or "Developed Medium-High Density" with "Sonoran Palo Verde-Mixed Cacti Desert Scrub" along the northeastern boundary line. t fl Existing vegetation within the subject property associated with disturbed areas include: bermuda grass (Cynodon dactylon), desert globe mallow (Sphaeralcea ambigua), desert broom (Baccharis sarothroides), Johnson grass (Sorghum halepense), and Russian thistle (Salsola iberica). There are a few trees in the northern corner of the property; however, there are no protected native plants present in the project area. (See Exhibit 1.D.1: Vegetation Communities.) Inventory and Analysis 14 Marana Mercantile Rezone Exhibit I.D.1: Vegetation Communities O.eF` P .a:: x ~. NORTH Legend Note: The entire site consists of little to no vegetation. THE PLANNING Site Boundary \_ : CENTER Low Elevation Valley Floor o' zoo' aoo~ File: DPD-011exhibts\vegetaGOn mxtl Source. Pima Counly DOT Geographic Inform aoan Services, 2006 Inventory and Analysis 15 Marana Mercantile Rezone 2. Significant Cacti, Trees, and Concerned Species Due to previous cultivation of the site, there are no significant cacti, groups of trees, or federally-listed, threatened or endangered species on-site. (See Exhibit 1.E.1: AGFD Online Reference.) 3. Vegetation Densities As shown in the aerial photograph, Exhibit I.A.2: Existing Land Uses, the site is considered to be low density vegetation since there is minimal to no vegetation. Aerial photographs examination and site visit verification were used to determine the vegetative densities throughout the site. The vegetative densities in terms of approximate percentages are categorized as follows: Table I.D.2: Vegetation Density High Density Medium Density Low Density 76% - 100% 31 % - 75% 0% - 30% E. Wildlife 1. Letter from Habitat Specialist A list of special status species within the project area is provided from the Arizona Game and Fish Department (AGDF). The information was accessed using the Arizona Online Environmental Review Tool. (See Exhibit I.E.1: AGFD Online Reference.) a. State-Listed Threatened or Endangered Species According to the Sonoran Desert Conservation Plan, the site is in the Cactus Ferruginous Pygmy-owl Habitat Zone 2 and the critical conservation area for the Western Burrowing Owl. Westland Resources conducted an Environmental Due Diligence Report of the project site in January 2004. Their report found that the Cactus Ferruginous Pygmy-owl 1 does not impact the site because it is devoid of suitable habitat for this owl. However, it is possible that the project site may be home to the Western Burrowing Owl. The optimal habitat for this species is found in agricultural fields similar to those fields adjacent to the project site. AGFD recently conducted a survey by traversing the site from public roads. No burrowing owls were detected, but breeding burrowing owls have been detected within two miles of the project site. Table I.E.1 below lists the special status species known to occur within a 3-mile radius of the project site. Inventory and Analysis 16 1 t 1 1 1 1 1 1 1 1 t 1 1 1 Marana Mercantile Rezone Table I.E.1.a: Special Status Species Common Name Scientific Name Status Western Burrowin Owl Athene cunicularia h u aea SC,S Western Yellow-billed Cuckoo Cocc zus americanus occidentalis C,S,WSC Cactus Ferru inous m -owl Glaucidium brasillianum cactorum SC, WSC Sonoran Desert Tortoise Go herus a assizii Sonoran Po ulation SC, WSC Yellow-nosed Cotton Rat Si nodon ochro nathus SC Status uetinmons: s - Sensitroe; sc - Speaes of concern; SR -Salvage Restricted; WSC -Wildlife of Species Concern b. High Densities of a Given Species Population No high densities of a given species exist within the project area. c. Aquatic or Riparian Systems There are no aquatic or riparian ecosystems within the project site. Inventory and Analysis 17 Marana Mercantile Rezone Exhibit I.E.1: AGFD Online Reference L y 3 x v c a -' € ,a ~~ ~ ~A a w r u Q ~ c §~ ~ ~ u u O C .1 "c y Q+~ U s S> N ~ X ~ m. ~~ ~a u ua ~ ~ d~f E r 'J -_ .~ •_ -r ~f: _ O :. z .tea O c r. J ~= r, J ~ ~ ®- O ~fc~ d .~ ~~ ,~._ . ~.~~ '~ l Z= --~~~ ~,. k a _, ti ~, Q r g ~ ~~_~ ~ `° 3 a~ u ~ N v w y N W ~ U ~ ~ L C m ._ OG o N a-a~~ v ~ ~ ~ ~ a mcw o ~ ~~ ~ ~~~ ~ ~~ ~ ~ ~~~ d .°003~~ Q! Q} C 7~0 m ~. O'> >.O ~ rn __ z~ ~ O ~ 61 ~ O d a !0 E O ~j-2 r"~ S} ,j m y C d U 7 V7 ~ U U ~ $ ~~c E m ~ w ~a~'ov~ c ;~'~~ N mm wZV G m 0d. Q O ~ oa p ~~ dro `C ~ S+ N d N 4a o`~~oaiy ~0~+ `0~`0 ~ cn n'~~.~ O Nj~'v0~ m a°o '.: O c~ C N O 6+ ~. a V^ 00 ~~ V d 3 ro T U C 47 US o C Eacz. Q ~ p _ ~ myw mNie`~S :aci~~~~ C O ~ ~~ 47 z d ~rnNC~~c~ 4aav~ ~o O v, c aEgmmm~ a"rdma~~+cNVd v ~ ~ itf p v O~ C O R O 't ~O m O O ~ y ~ O (a a U t`1 N a`NOa`oa` ca Ea`a`u70a` J Q. m ~ ;v O J Q 1- Z Z F- Q U_ J a d a CO a ~s a Inventory and Analysis 18 Marana Mercantile Rezone F. Viewsheds Various photos were taken of views from and across the project site. A photo key map indicates the locations from which the photos were taken. (See Exhibit I.F.1.a: Photo Key Map and Exhibit I.F.1.b: Site Photos.) 1. Viewsheds Onto and Across the Site Views onto the site consist of vacant land with little vegetation. The distant viewsheds across the site are impressive as there is little topography or vegetation to interfere. Mountains are visible in all directions from all property boundaries. Looking south and east across the property, commercial development is visible in the adjacent viewsheds. Along the northeast boundary, Interstate 10 and the I-10 Frontage Road are in the immediate viewshed. 2. Areas of High Visibility The entire sight is highly visible from off-site locations due to the fact that the site is flat with little or no vegetation to obstruct any views. Interstate 10 is at a higher grade than the project site which enables drivers to see across the site. Areas of the site defined as having high, medium and low visibility as viewed from off-site were determined as follows: t t t ~ ~ Table I.F.2: Visibility High Visibility Medium Visibility Low Visibility Areas visible from off- Areas visible from off-site Areas not visible from site and not obscured by but obscured somewhat off-site due to vegetation and/or by vegetation. vegetation and/or to o ra h to o ra h . Inventory and Analysis 19 Marana Mercantile Rezone Exhibit I.F.1.a: Photo Key Legend Site Boundary ~]- Photo ID & Location the photo was taken Note: The entire site is highly visible from off-site locations. e~., ~ ~ ., ` ~ ~ ~ ~~ _ p a~ ~ -~ •`Y ' e ~ ~ ~'' ~ ~ ~. .. , a: .¢ a ~ ., '~ ~y , `~r.~ . I ,may ~ ~ ~~ t~ ° ~_ - ,te '~ ¢ a, ~~ ~ ;. ~, . ~ ~~~ ~~~ ` ~ . ~~~~ `~ ~ ~w , ,~ , ¢, ~, ' u ~: - ~~~~ - ~ ~ ~. ~ , Y` ~~ i NORTH THE PLANNING '~ -' CENTER o' zoo' aoo~ Flle. DPD-Di\exhibtts\phottlkey.mxtl Source: Pima Cbunly DOT GebgraptYCal Inform anon Services, 2006 Inventory and Analysis 20 Marana Mercantile Rezone Exhibit I.F.1.b: Site Photos *~ ~ ~,., ~.:,~- ~wT~ ~ Y . {r.? ~- ~. _~,.~.R .. Photo 2: From the southeast corner looking southeast at the off-site commercial uses. ~., ~`:~. . .. „~ ^24k:b Inventory and Analysis 21 Photo 6: Looking at irrigation infrastructure from the western corner of the project site. Photo 4: Looking northeast at Interstate 10 from the southeast corner. Marana Mercantile Rezone Photo 7: Looking at the western property line from the southwest corner of the site. ;"` t~`a~< , sir ~' ~ ` ~ i ~ f Fa { ~ kS'S~bH( z~ I ~.5 ky . - :;Mi w~~. - fir. } ., ~ ~ f.~-~ ter' ~' µ. ~t i£...p y "~ ~. +1 3~ ~$~~ ~~Y Photo 9: Looking south at the ofi'-site views from the southwest corner. ~-~ ~ ~.. ~~,~ .P .. ~~ Photo 11: Looking directly south ailong the western property line from the northern point. ~; . ~, ,:~_- ~~ ~ Via. ~ ~; ~ -.Y Photo 10: From the northern point of the property looking southeast along I-10 Frontage Road. ~; y+ ~~~ t~` ~~~ - Inventory and Analysis 22 Exhibit I.F.1.b: Site Photos (continued) Photo 12: Looking across the site from the northern point. 1 t 1 1 1 1 1 1 1 1 1 1 1 Marana Mercantile Rezone G. Traffic 1. Existing and Proposed Off-Site Streets The project site is located at the intersection of Marana Road, I-10 Frontage Road and Sandario Road. Marana Road is adjacent to the property's southern boundary. Sandario Road is a north-south road that ends when it reaches Marana Road. The Marana Road/I-10 Interchange is located at the southeast corner of the property and the I-10 Frontage Road borders the property on the east. (See Exhibit 1. G. 1: Traffic.) Please refer to Table I.G.1: Planned Roadway Improvements below for additional information on other improvements Table I.G.1: Planned Roadway Improvements Project Name Sponsor (Plan ID#) Improvement Jurisdiction I-10: I-19 to Marana TI Widen to 8 Lanes ADOT I-10: Marana TI to N. County Line Widen to 6 Lanes ADOT Tangerine Connector #9 Construct New Tangerine Rd to Postvale Rd Roadway Marana (203.00) Lon Adams Road Extend Realign & Grier Rd to Tangerine Rd , Widen to 3 Lanes Marana (212.00) Moore Road Sanders Rd to Tangerine Farms Rd Widen to 4 Lanes Marana (198.00) Sanders Road Twin Peaks Rd to Tangerine Farms Rd Widen to 4 Lanes Marana 200.00 Tangerine Farms #1 Construct 4 Lane Existing Tangerine Rd to Marana Rd Roadway Marana 435.05 Clark Farms Phase #1 Marana Construct New Tangerine Rd to Lon Adams Rd Roadway Marana 211.00 Marana Rd Widen to 4 Lanes, Trico Road to Collector A Santa Cruz River Marana (199.00 Brid e Source: Pima Association of Governments 2030 RTP Inventory and Analysis 23 Marana Mercantile Rezone Exhibit I.G.1: Traffic ~' ~ `• // ~ ~:~ ~ ~o. o ~~ ~ ~, , . oo, fa~ ~., I ~':: ~. ~` I r ~ ~ ~ ` ~~, ~~ .._ , - --, `- _~- Marana'Road - ~ ~ (60'.250'! ~ ~' ~:~ - ,~ - ~ ., o ~. ~ . ~°C ~ ~ ~ ~ .. ~._. 1 1~ 9 ~'` , 1 1~ N C~ b0 •~~. ~ ._.. ~ ~~ I ~ ~ ~~ ~ ~ ~` i-- .. nrierRoad - _ _ _ - . ____ .. __ - ~ ~ ` ~ / ~ ~ . a' - ~ __-_ Legend ~ _e ~ Project Site (30', 90') Existing Right-of-Way, Future Right-of-Way °r~- Bike Route 1 ~ One Mile Radius N0"T" THE {' T `, PLANNING I - - CENTER 0 1it~' 2200' ~ ~ I Locaborc. DPD-011exhi6itsYrafic Sovice Pima County DOT Geographeca7 Information Services, 2006 Inventory and Analysis 24 Marana Mercantile Rezone 2. t 1 1 1 ,. 1 1 1 Arterial Streets within One Mile The following tables identify the rights-of-way information, roadway characteristics, and average daily trips as outlined in the Marana Site Analysis Requirements Traffic section (a - h). The following information was gathered from site visits, the Town of Marana Major Routes Rights of Way Plan and Speed Zone Map, the Pima County Department of Transportation (DOT), Pima County DOT Geographical Information Services, 2030 Regional Transportation Plan, and Pima Association of Governments (PAG). Table I.G.2.a: Existing Rights-of-Way Street Existing Right-of- Way feet Future Right-of-Way feet Right-of-Way Minimum R _ uirements Continuous Right-of-Way Marana Road 60 250 Yes Yes Sandario Road 60 90 Yes Yes I-10 Fronta a Road 100 75 Yes Yes Sanders Road 60 250 Yes Yes Grier Road 60 90 Yes Yes Table I.G.2.b: Street Characteristics Street Ownership Travel Lanes Bike Route Capacity` Speed Limit paved Marana Road Town of Marana 2 No 14,600 45 Yes Sandario Road Town of Marana 2 No 14,600 35 Yes I-10 Fronta a Road ADOT 2 No 13,700 35-55 Yes Sanders Road Town of Marana 2 No 14,600 35-45 Yes Grier Road Town of Marana 2 No 9,100 25-35 Yes 'Source: Florida Department of Transportation Table I.G.2.c: Average Daily Trips Street Segment Average Daily Trips Year Taken Marana Road Sanders Road to I-10 Fronta a Road 3000 2006 I-10 Fronta a Road Sandario Road to Pinal Park Road 19,950 2006 Sanders Road Grier Road to Marana Road 4,000 2006 Grier Road Sanders Road to I-10 Fronta a Road 283 2006 Existing and Proposed Intersections within One Mile The intersections that will be impacted by the project site are the existing Marana Road/Sandario Road intersection, the existing Marana/I-10 Interchange, and the existing Sanders Road/Marana Road intersection, and the proposed Marana Main Street/I-10 Frontage Road intersection, the proposed Marana Main Street/Marana Road intersection and the proposed Tangerine Farms/Marana Road intersection. Refer to the Transportation Impact Analysis Report (submitted under separate cover) for more information. ~a Inventory and Analysis 25 Marana Mercantile Rezone ' 4. Existing Bicycle and Pedestrian Paths and Bus Routes There are no sidewalks along existing roadways surrounding the property; however, there are designated bike routes for experienced riders along the I-10 Frontage Road. The public roadway standards for Northwest Marana include sidewalks and ' paved multi-use lanes on arterial and collector streets. The Pima County Rural Transit System operates on a fixed route capacity. There is a stop at the Marana Road/Sandario Road intersection. H. Recreation and Trails Trails, Parks and Recreation Areas within One Mile There are two planned parks within one mile of the project site. The San Lucas Park will be located one-half mile east of the project site and east of Interstate 10. This park will include: 2 ramadas, 1non-regulation baseball/softball area, 1 half basketball court, 1 tot lot, 1 sand volleyball court, 1 soccer field, 1 dog park and restrooms. The Ora Mae Harn District Park is located approximately one mile southeast of the project site at the corner of Lon Adams and Barnett Roads. This 44-acre park facility includes: 3 lighted ball fields, 1 lighted soccer field, 7 covered ramadas with grills, lighting and electrical outlets, 2 lighted tennis courts, 1 lighted basketball court, 1 large soccer/multi-use field, 1 outdoor swimming pool, 3 lighted covered playground areas and 1 community center/recreation center. (See Exhibit I. H. 1: Trails, Parks and Recreation.) There is one primary trail, the CAP Canal Trail located approximately one mile east of the site. This information regarding parks and trails was obtained from Pima County Geographic Information Services, Marana Geographic Information Services, Marana General Plan, and Town of Marana Parks and Trails. Inventory and Analysis 26 Marano Mercantile Rezone Exhibit I.H.1: Trails, Parks, and Recreation _~ _;~ A ~• ifs °~~` • ' I ~~ ~~ ~~ ` ~~~~ / ~ ~ 'i d~~ • ~•d~% / ` • • • / ` • • • • • `• h~ ' Vr `~ s I `~ ~ ^~_ • • ` I ~ ~ ~ ~ • I San Lucas ~ Park I ~ ~~ Maranai2oad- - I '° 1 -~ ~ r ~ ~m ~ ~ Estes Elementary / ~ ~ School Grier Road Marana i Middle School ~ Ora'Mae Hai ~ ~ ~ District Par Legend _, Site Boundary ~ Public Schools • • • Trails ®Primary Trails - -One Mile Radius Park Areas noRrN f ~T THE PLANNING I CENTER o i.ioo' z,zoa~ LomUOn DP601k>U~iDitslSchods Reae9tion Source: Pm9 County DOT Geogr9phigl IMOrrnalwn Sen+gs. 2{196 Inventory and Analysis 27 Marana Mercantile Rezone I. Cultural/Archaeological/Historic Resources 1. Locations of Resources One archaeological survey was completed in 1983 in the subject project area but no cultural resources are recorded there. Twenty-three cultural resources are recorded within a mile of the proposed project site. Between 1955 and 2004, twenty-six archeological ground surface inspections have been recorded within a mile of the project area. 2. Letter from Qualified Archaeologist A letter from the Arizona State Museum (ASM) Archaeological Records is provided. (See Exhibit 1.1.1: Arizona State Museum Letter.) ASM recommends an on-the-ground survey be conducted by a qualified archaeologist on the parcel prior to any ground modification activities R ?~1 tc :~ Inventory and Analysis 28 1 Marana Mercantile Rezone Exhibit 1.1.2: Arizona State Museum Letter Trte llNR' sn• t. t ...._. .._ ~ i ,'V :..:;n'~A ARCHAEOLOGfCAL RECORDS SEARCH attar Ftc:t~:c~t Received ~ ;'007 Records Check Completed: ~:~r'20Q7 Requester Name and title: Company Address: C;ty, State, 7_ip Code: PhonelFaxror E mail. Project Name andlor Numl I~PD-01/Par~ei 4 "725002B ,iessica Sunce 'the Planning ; .; -••-r 110 ": Church ~wte 6320 Tucsc,n 85701 623 ~' 46 per Project t7escnption Commercla' -f~.: =~pment - 42 acres Rroject Area: NV+.'i'. Sandarip & Mar;;~,~; Reads, Marana, Pima ~~'ourrty, Arizona. Legal Description: a portion of tre N; ~~:%1, T11S, R11E, CErSRB&M, Marana, (3ima Co., AZ. Search Results: h records sea°~~~~ of the ~,-,A fifes maintained at the Arizona State Museum (AF.^n; found that cue archaeoioglcal ~nspn~~~~nn was completed in 1983 in the subject project area bu! ~~~; ~=ultura! resc_:~ ces a~~e recorded thN,F twenty-three cultura; resources are recorded within a n,,N of the propr_se~i project, including thr. national Register-elig~~e~e ~;arana Platform Mound S~tr and other s~,:=~~~~`icant prehistoric and h~stonc properties. Betwecc i5a56 and 200d, twenty six ar'chaec~loq~cal y~i;una 5ur`aCe inspections `;Oth linear 8nd b10Ck st.'veV5 rra~e trF.er recorded wfif',rt~ r. ntife Of ihi ~rC~j2Ct area. An aerial U";r?r~l?hOtOgfaphlC vleL~ ,' «:, C~ . 'oDEr?y taken in 2005 sn~ow~ ~ tormerr; ;Mowed field with ground-suriaee modification ,n ^:;;~ ,,,e ru:71~. and south parts ot', ~ ~ -~;~ These parts may have been yra:ls:d or bladed. Co~~~~= ~~a'~ ~ ~ures of uncertain pear _, ,' are also an the parcel. Sites rn Project Area: None recorded Recommendations Because the 2C yFar time interval since the subject parcel was last inspected archeeoio{>>~a~av ~r,ay nave ;esu[ted in the exposure of previously buried cultural resources and becar.~-=- :~~:,umarn cu~t~,u;r~ =esources are already recorded in the area, staff at the ASM recommend :~ ~: r~ .:~_,-~_e! be arcn.aeoiogicapy examined in advance of arty around dksturbance from n,, ,:., ~:- ~ r~iease contact Su 8enaron, the Town of Marana's ~ TpM1 cultural resources manager .~~ '~?~'; 382-2662 to assist you with the neXt steps #o achieve :,~~n,phance with ttie Tt7M's arr: ~„~,e, reyulatrons It ,,,~, t iJM requires additional archaeological work, you maq wish to consui~ .,,-~h ,~~~e of the protessronal a~cnaeologists whose names are riaintairaed on a hs? l:csted on AE;h4s web site at the tollo~^:~~~~g address: e _ _ 'a_ ~. ~ _ ;~c - ~._ A C{u2tified GOntraCl0r shu,~c, be famiua vvitb current reporting st~~rr:lards and should he!;.. v ~ ,cidress the `^M's eult~~a! resources compliance requirements ~~;! scant to A^z~-r°s Revised Statures § 41-865. if any human rem~~l~s ~_~ °~,; ~erary objects are r! covered ~"u~~-,y the project work all effort will stop withu tfie areG ct t'~e remains and Mr. John ^Y~adsen A- Pr associate curator of Qrchaeofogy. will tx ; un a ;tad ~mnied~ately aE (520} 621-x1785. It you have any ques#ipns regarding this records searc ~ ~-ease contact me at the tetterhear: address qr a the phone numt~r or ~-mail address as foil~w~s Sincerely, t ~ Nancy E F~arson Assistant Permits Adrn~rr;stt~!: 11520) 52'2096 Phone af~G E'ax ~ ~ Inventory and Analysis 29 r Marana Mercantile Rezone J. Sewer 1. Existing Sewer Network and Capacity Response A map of the existing public sewers in relation to this project has been included as Exhibit I.J.1.a: Sewer Network. According to the response from Pima County Regional Wastewater Reclamation Department, included as Exhibit I.J.1.b: Capacity Response, the Marana Mercantile project is tributary to the Marana Wastewater Treatment Facility. Treatment capacity will not be available until completion of the 1.5 MGD upgrade to the MWFT, planned for Fiscal Year 2009/2010. ~`y Inventory and Analysis 30 Marana Mercantile Rezone Exhibit I.J.1.a: Sewer Network r~~~ ~; ~ ~ ~~ ~ ~ . ~ ,, I I `~ N r 15" 18„ - - 15" , G-2003-024 G-2003-024 6-2003-024 c ~~ r Legend ~~ ~y 1... Site Bounda ry ~ Manhole Covers Sewer Network X-####-## As Built No. (##'1 Pipe Diameter NORTM THE T!~ PLANNING CENTER 0 375' 750' Locatlon: DP0.011exhibitsVSeNer Source: Pima County DOT Geographl[al Inform ali an Services, 2006 Inventory and Analysis 31 Marana Mercantile Rezone t Exhibit I.J.1.b: Capacity Response •_ ~+i~o~-~ Pima Counly I Regions{ Wasts~water Reclamation itnrellt 201 td. Slone Ave., S" Floor Mic;hae(Gntzuk, P.E. Tucson, Arizona 85701 1lgit our websi6e: Director (520) 7406500 ttdp:/Iwwiw.pima.govJNnrrn Augus- 5, 2008 Maolin Zheng tiSW international 10835 N. 25th Avenue, #250 Phoenix, A2 85029 Capacity R No. 0&140A (Anwnded) Type I RE: Marana Mercantile Rezoning, 39 Acres on Parcel 0 217-25.0026. E tact Flows of 34,40l10Pd (ADYI~}. Greetings: The above re need project is tri t4 the Marana Wastewater Treatment FaaPdy (MTWF}. Treatment capaaty is limiked, but currerttiy available for this project. Additional treatment ' capacity for this area ~ to become availab~ upon otxnpieti~t of the 1.5 (NGD (million gallons per day} upgrade of the MWTF, planned for Fiscal Year 200912010. Conveyance capacityr will t~ti to be evaluated and cbnfimled by the Town of Marana far their portion of the system. This letter is not a reservation ~ commitment t~ treatment or conveyance capacity for this f~~• 1 Note: Conditions within the p,rbNc seer system cronstaMly charge. A Type II fetter must be obtained to verify that capacity exists in the downstream pubik sewer system, just prior to submlttiny the development plan or wbdivisbrr plat for rwiev~r and approval, so that the Sewer 8srvMe Agreement may be proparod durirw the p If further irtformation ~ needed, please feel free to contact us ~ {520} 740-8500. Respectfully, Tla4 /~a+.rt Tim Rowe, P.E. Capacity Management Section TR:ks c: Subhash Ravel; T11, R11, Sec. 21 I Inventory and Analysis 32 i t 1 Marana Mercantile Rezone K. McHarg Composite Map The composite map is a visual summary of specific site constraints affecting the subject property. These on-site constraints include topography, hydrology, vegetation, wildlife and views. As demonstrated in the previous sections of this site analysis, the project site is not affected by these constraints. Therefore, the proposed development (described in the following Land Use Proposal) is appropriate at this location. (See Exhibit I.K. 1: Composite Map.) Inventory and Analysis 33 Marano Mercantile Rezone Exhibit I.K.1: Composite Map ~~ Inventory and Analysis 34 Legend Notes _ - - --__ r; JProject Boundary ~ Drainage Flow Arrow • There are no slopes 15 percent or greater, no rock +975 1' Elevation Contours ° ° ° Watershed Boundary outcrops, and no peaks or ridges on the site. 25' Water Easement wse.oN On-Site Watershed • There is no significant vegetation NoaTH o. 2aa ~. ~-._ 60' Gas Easement wse-oFF Off-Site Watershed on site. ~ T , ~ 10' Electric Easement • Entire sight is highly visibile from __ ~Q1W-a3 CF5 Flpyy Of}-SIte IOCBtIOnS. F~NAME: DVD-01{~yg~.pyyG COMPOSITE 1 1 1 1 1 1 1 1 1 1 t Land ~ Marana Mercantile Rezone A. Project Overview The 39.09-acre project site is currently vacant and primarily surrounded by agricultural properties; however, there are many proposed and approved commercial and residential development projects within close proximity. The rezoning request proposes a change from the existing R-144 (Residential Zone) and HI (Heavy Industrial) to VC (Village Commercial). The proposed Marana Mercantile development includes large scale anchor retail and smaller retail pads. The development seeks to create an attractive and economically successful retail center to support existing and proposed residential development in northern Marana and southern Pinal County. B. The development will serve as a gateway into the Town of Marana -- a vibrant multi- purpose center with a unique character, but designed using many of the same unifying themes as the remainder of the Town Center. Specialty landscaping and open space areas will be located throughout the development, minimizing the impact of parking areas. Common areas such as public plazas or small shaded seating areas will be incorporated into the center to encourage outdoor activity. The project design will be in compliance with the adopted Town of Marana Commercial Design Standards. Please refer to the Appendix for supplementary information regarding design guidelines. In addition, the proposed development will have three access points along the I-10 Frontage Road and three access points along Marana Road. All access points will be stop-controlled except for the main access point at the Marana Road intersection which will be signalized. The Cortaro Marana Irrigation District (CMID) channel running along Marana Road will be undergrounded as part of this development. Relationship to Town of Marana General Plan The project site lies within the Town Center Planning Area per the General Plan. Areas designated as Town Center are "intended to be a focal point of public and private commerce surrounded by medium density residential neighborhoods with strategically located community facilities. Pedestrian-oriented circulation patterns are required for new development. Schools, refail shops, offices and employment centers as well as multiple recreational areas and a variety of other services and facilities round out the Town Center ." The Marana Mercantile Rezoning application meets the goals of the General Plan by proposing a development that: • Serves as a "gateway" to the Marana Town Center; • Concentrates higher intensity commercial use at the Marana Road and I-10 Interchange which is a major entrance to the Town; • Provides a visually attractive commercial and institutional development with a sense of identity in line with the vision for the Town Center outlined in the General Plan; • Provides a commercial center that is vibrant, sustainable, and enhances the economic opportunity for the Town of Marana; • Provides infrastructure systems and public facilities to support development in an efficient and timely manner; • Develops a circulation system that is efficient for all modes of traffic including automobiles, bicycles and pedestrians; Land Use Proposal 36 Marana Mercantile Rezone • Provides uniform development regulations for land use, circulation and open space; • Ensures coordinated, responsible planning through the use of cohesive procedures, development regulations, standards and guidelines. C. Tentative Development Plan As demonstrated in the Inventory and Analysis section of this document, the project site is 1 not constrained by existing topography, hydrology, vegetation, wildlife or views. Exhibit ll. C. 1: The Tentative Development Plan (TDP) shows the proposed development. (A 24- inch by 36-inch exhibit of the TDP is provided in a pocket at the end of this report.) D. Existing Land Uses 1. Zoning Boundaries and Existing Land Uses The project site encompasses 39.09 acres and is currently vacant. The project proposal consists of rezoning the site from R-144 (Residential) and HI (Heavy Industrial) to VC (Village Commercial) for development to occur. (See Exhibit II. D.1; Zoning Boundaries.) 2. Impacts to Existing Land Uses Existing and proposed development surrounding the project site, which is in close proximity to Interstate 10 and the Marana Road traffic interchange, may be characterized as retail and service-oriented commercial uses and vacant/agricultural. This project will contain uses that are similar to and compatible with the adjoining existing and proposed commercial development. The architectural design of the new development will reflect that of the greater Northwest Marana Town Center and it will be complementary to neighboring proposed developments. t t Land Use Proposal 37 Marano Mercantile Rezone Exhibit II.C.1: Tentative Development Plan F ~~ Uptown at Marana Specific Plan VacanUAgricultural Retention Basin "A" Volume = 92,411 C.F. Area = 20,265 SQ FT F Uptown at Marana Specific Plan Shops A 8,000 SF Retention Basin "B" Volume = 17,812 C.F. Area = 6,412 SQ FT Retention Basin "C" - Volume = 25,0$6 C.F. Area = 9,944 SQ FT VacanUAgricultural Retention Basin "D" - Volume = 8,195 C.F. Area = 3,450 SQ FT Pad A - 4,237 SF Light Industrial F i F_ Villages of Tortolita Villages of Specific Plan Tortolita { Specific \ Plan SF ~~~ \ o~~.,~ o~ \ ~~~\\` ~d~ a ~S Anchor Retail 186,960 gross SF Retention Basin "E" Volume =50,586 C.F. Area = 16,123 SQ FT VacanUAgricultural Legend ---_~___ :_;; J Project Boundary ~b 1' Elevation Contours 25' Water Easement 60' Gas Easement ®10' Electric Easement ~ Landscape Buffer 30' Building Setback ------ Watershed Boundary ~ Drainage Flow Arrow 0100. 43 CFS~ FIOW ---Sewer Line Pad B~ 2,600 SF Retention Basin "H" Volume = 4,371 C.F. Area = 3,061 SQ FT A Small Lot Zone • Project Site Area: 39.09 Acres • Existing Zoning: R-144 (Residential Zone) and HI (Heavy Industrial) • Proposed Zoning: VC ("Village Commercial) • Proposed Use: Commercial Retail • Proposed Building Square Footage: 283,351 SF • Parking Required: 1425 Spaces • Parking Provided: 1495 Spaces Vacant VC Village ommerc day ~ Vacant ~a '~ \~ Vacant Retention Basin 'G" Volume = 106,759 C.F. Area = 32,877 SD FT ~ \ dD ~\\ ~7, SF Retention Basin "F" Volume = 28,902 C.F. \ Area = 14,427 SQ FT ~ arana Road - 125' Half ROW ~.,......... I O Conjrhercial j ~ r ~ c m v c m • All landscaping will be drought tolerant in accordance with the Town of Marano Land Development Code requirements. • Maximum proposed building height: 50 Feet "~" o' 2ao~ aaa ~~, FlLE NAME: DFD-0t-EXHIBRS.DVJC B.57C11 lDP Land Use Proposal 38 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Marana Mercantile Rezone Exhibit II.D.1: Zoning Boundaries 0 ~~ Proposed s 1 vc _ ~, village Comraal ~~ VacanUAgricultural ~ '` . < ~~ _ sarzr~sw ~s3o.ts Marana Road Com'merciai ~, A ~ ' Small Lot Zone ~ VaoanUAgricuRurai ~I~icl»~ itlon Il ~ _ ._ _.__ _ ..__.____mw._.._ _._ _~._.. ___ _ , _ _ _~. _ Legend r„Project Boundary a 2aa ma FILE NAME: DPU01-f%MBIIS.OVYYG~ZJG ~a Land Use Proposal 39 Marana Mercantile Rezone E. Topography ' 1. TDP Responses to Topographic Characteristics The project site is relatively flat; hence, no topographic features affect or prevent the proposed development. 2. Encroachment onto 15% Slopes There are no slopes greater than 15%. ' 3. New Average Cross-Slope Due to the site being relatively flat, the proposed development will have little impact on the average cross-slope. F. Hydrology 1. TDP Responses to Hydrological Characteristics The proposed drainage plan will allow drainage along the property boundary to mimic existing flow patterns. The drainage plan will include on-site drainage retention basins. The grading of the site will provide positive outfall to the basins. The site will provide 100 percent retention. The grading and drainage will be designed so as not to alter drainage boundary conditions. 2. Encroachment/Modification of Drainage Patterns t The development of the site will not change the drainage pattern of the site substantially. Currently, there is no proposed 100-year floodplain area within the site; however FEMA is in the process of updating the FIRM map for this area and there is a possibility that a 100-year floodplain elevation could be determined for the site. At the time of development the site will be required comply with the designated 100-year floodplain, per the Town of Marana Land Development Flood Plain & Erosion Hazard Management Code (Title 21). 3. Potential Drainage Impacts 1 t 1 A small watershed of about 9.28 acres located to the north of the property generates a 100-year flow of 49 cfs and discharges to the existing drainage ditch along the I-10 Frontage Road near the northwest corner of the property and does not significantly impact the subject property. The discharge leaving from the site prior to development is approximately 91 cfs. The retention ponds will be adequately sized to retain the runoff produced by the 100-year storm followed by a 10-year storm, as per the Development Requirements for Drainage in Northern Marana (DRDNM). (See Exhibit II.F.3: Post-Development Hydrology.) Land Use Proposal 40 u 1 L~ t 1 t ii Marana Mercantile Rezone 4. Design Features to Address Drainage and Erosion Problems Retention basins will be provided as shown on Post-Development Hydrology exhibit. The approximate retention volume required by the 100-year storm followed by the 10-year storm is 551,020 c.f. The Development Requirements for Drainage in Northern Marana allow for the use of drywells to aid in the draining process of the ponds and reduce the volume required to be retained. The drywell credit was applied after the 100-year storm and prior to the 10-year storm and is not to exceed the volume produced by the 10-year, 1-hour storm, as per the DRDNM. The total volume required, after the drywell credit was applied, is 376,779 c.f. and the total retention pond volume provided is 334,121 c.f. There is a proposed 66,000 c.f. underground water harvesting system to retain the remaining volume. The total volume retained on the project site is 400,121 c.f. Security barriers will be provided around the perimeter of ponds with side slopes steeper than 4H:1 V and depths greater than 2 feet. The erosion and sediment control measures will be designed and installed per AZPDES general permit requirement and Town of Marana standards during the construction phase. The plans will also be prepared to stabilize the construction site within the construction limits with means of landscaping, hardscaping, rock mulching and riprapping. 5. TDP Conformance to Plans and Policies There are no floodplains with 100-year discharge greater or equal to 50 cfs. There is no significant off-site flow impacting the property. On-site generated runoff will be collected in the proposed retention basins and underground water harvesting system. The retention basins will retain the required volume produced by the 100-year, 1-hour storm followed by a 10-year, 1-hour storm, per the DRDNM. The pond depths are not to exceed 6 ft and the side slopes are not to be steeper than 3H:1 V without appropriate erosion control/stabilization measures, per Pima County Stormwater Detention/Retention Manual (PCDRM). The finished floor elevations (FFEs) will be set according to the Town of Marana Land Development Flood Plain & Erosion Hazard Management Code (Title 21) for the appropriate FEMA floodplain designation. The maximum flow depth at any location in the parking lot will not exceed 6 inches. The proposed TDP meets all requirements regarding area plan policies, basin management policies, and the Town of Marana policies relating to flood control. Land Use Proposal 41 Marana Mercantile Rezone Exhibit II.F.1: Post-Development Hydrology ~,~ ~ o,~~' ~~ a Retention Basin "A" Volume = 92,411 C.F. Area =20,265 SQ FT AREA=7.87 AC 0100=16 CFS Retention Basin 'B" M Volume = 17,812 C.F. Area = 6,412 SQ FT _~ Retention Basin "C" --~ ~ Volume = 25,086 C.F. Area = 9,944 SQ FT ~, ~. , \\ < Retention Basin "D" _ •-~ , Volume = 8,195 C.F. ws-osuo Area = 3,450 SQ FT AREA=3.16 AC 0100=8.5 CFS 07 =79 z Volume = 50,586 C.F. Area = 16,123 SQ FT ~'_ s.osua, ~~ 4"5.72 AC ~~ , D=42 CFS ~, ~ ,~ ~~ ~ ~ ~~ ~.- ~ ~~~ ~, Ra~~~a a AREA=8.86 AC o~oo=aa cFs Retention Basin "G" Volume = 106,759 C.F. Area = 32,877 SQ FT \~ \ \ Retention Basin "F" Volume = 28,902 C.F. \ Area = 14,427 SD FT '.77 AC - ~~~~~''-' 4700=44 CFS • ~F$ - *i11wsXi1R9f~i~M Marana Road Retention Basin "H" Volume = 4,371 C.F. i Area = 3,061 SQ FT e a: I '~ 4 .p Legend _ _ __ r;;;JProject Boundary 1~ioloaaacFSi Flow ~s7s 1' Elevation Contours WSE17N ON-SITE WATERSHED + Drainage Flow Arrow wsE-OFF OFF-SITE WATERSHED ----•- Watershed Boundary [..l N~7H 0' 200' 400' ~T~ FILE NAME'. DPD-01-E1tH1~75.OWG FK7SI HYDRO Land Use Proposal 42 Marana Mercantile Rezone 1 G. Vegetation and Wildlife 1. TDP Response to Vegetative Characteristics Since the site has been previously disturbed, the property is relatively barren ' except for a few trees in the northern corner. The project site will be mass graded; however, existing plant materials will be evaluated and all viable vegetation will either be preserved in place or transplanted on-site. 2. TDP Response to the Native Plant Ordinance ' The project site is primarily barren and lacking in quality vegetation. As a result, no protected or endangered plant or wildlife species appear to exist on the site. H. Buffers As depicted in the TDP in Exhibit II.C.1, landscaping will be provided along the ' perimeter of the project to screen and/or buffer the surrounding land uses from the proposed development, as well as to enhance the appearance of the proposed off-street parking areas. All landscape treatments for the proposed development will be in compliance with the Town of Marana Landscape Requirements and Commercial Design Standards. In addition to aesthetics, landscaping will be appropriately located and positioned for purposes of safety and welfare throughout the site. Parking areas and pedestrian ways will be defined and shaded by vegetation, and landscaping will not be located in a way that would interfere with site visibility and vehicular circulation. As required by Marana's Outdoor Lighting Code, the project site will be adequately lighted in the evening hours for employee and customer safety, and all lighting will be shielded and directed downward to protect neighboring properties. I. Viewsheds Due to the project's distance from any residential uses, the distant viewsheds of the mountains to the east and northeast enjoyed by residents in this area will be minimally impacted by this project. The immediate viewsheds of the commercial uses to the south ' and west, as well as drivers on Interstate 10 will include an attractive commercial development with enhanced landscaping. 1 ~ ~ Land Use Proposal 43 Marana Mercantile Rezone J. Traffic 1. Traffic Analysis Report For more detailed information regarding the transportation impact of the proposed development, refer to the Marana Wal-Mart Transportation Impact Analysis (Revised July 2008) prepared by Kittelson & Associates, Inc. As mentioned earlier in II.A: Project Overview, the current site plan proposes three access points along Marana Road, and three along the eastbound I-10 Frontage Road. All access points will be stop-controlled except for the main access point at Marana Road/Marana Main Street intersection which will be signalized. Additional traffic studies will be submitted at the development plan stage of this project. Land Use Proposal 44 K. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ~ 1 Marana Mercantile Rezone Public Utilities 1. Provisions for Sewer, Water, Gas and Electric Service a. Sewer As depicted in Exhibit ll. C. 1: Tentative Development Plan, on-site sewer collection facilities will be connected to the existing 12" public sewer system (G-2002-172) in the Marana Road right-of-way at existing manhole #3404-01. A public manhole (at property line) and an 8" public sewer will be installed in the Marana Road right-of-way from the property line to the existing sanitary sewer manhole #3404-01. Onsite collection sewer lines will be installed throughout the site and connected to the newly installed 8" line. b. Water The Town of Marana Municipal Water Department will provide water service to the project site. The State of Arizona Department of Water Resources has designated the Town of Marana Water Department as having an assured water supply. However, a water service agreement between the developer and the Town of Marana Water Department will be necessary for development. The service agreement shall identify water use, fire flow requirements and all major on-site and off-site water facilities. The developer will be responsible for the construction of the water distribution system and then transfer title of the system to the Town of Marana to operate, maintain and service the system. (See Exhibit II.K.1.b: Statement of Water Service.) c. Gas Southwest Gas Corporation provides service to the project area. d. Electric Tucson Electric Power Company provides service to the project area. Land Use Proposal 45 ~ ~ Marano Mercantile Rezone Exhibit II.K.1.b: Statement of Water Service ~ ' -~~~ r. ~/ TOWN Caf MARANA WATER DEPARTMENT Auuust i.20f1~ Ms. 7essiea bunee Planner The Planning Center 114 S. Church Tucson, AZ $5701 Project: Specific plan for commercial dc, ~•topmem ra northwest corner ofMarana Rd and Interstate IQ Dear Ms. Bunco: WATER SisPPLI' The Town of Marana has been dcsiglwted h}' the state of Arizona, Department of Water Resources, as having ~n assured water supply. This does not tnran that avatar service is currently available to the propOSCiI ,le, clopmrnt. •Ille de, ~ t,~t,m~•nt Iii . +, i1 hm t91e boundary of the Towm of Marana water service area. Therefore, wafer sttpph• is a„ui,~d WATERU K\'I('I The appr,n al ,~f „ate, meter applications is subject to the availability of water service at the tines an apphrat un, ~. Emile I he developer shall be required to subnat a water development agreement identifying water use. lire 170., ~t,luncntcnts and all major on-site and off-site water facilities Tht develnl,cr .hull e„nctruct a water distribution systcnt u, scr,~e the dreelapmcm and transfer title of the system u, the li~„n ~~f Aissrana, in consideration the Coven o1 Marana .hut! upeialr. nwmttlin and service the system. t he dc, ~ h~prr shall have the cost responsibility to construct both the onstte and a,ttiite facilities required to ace, a t~~~• hutabte and fire protection dcrnattds far your develupment 1'he comtttcnis h. i ciN made are valid for a period of one year only. If you have any questions, please call our office at S2u_?h?-257(}. Silscerely, C. Brad DeSpain l?tilities Director 6100 W INA ROA6 tl! TUCSON. ARIZONA 85749 ~ PHONE: (520J 382-2570 ~ f:AX: 3872540 Land Use Proposal 46 Marana Mercantile Rezone L. Public Service Impacts 1. Potential Impact to Police, Fire and Sanitary Pick-up Services a. Police The project site is within the Town of Marana's police jurisdiction. The Town of Marana Police Headquarters is located at 11555 W. Civic Center Drive, approximately one mile south of the project site. b. Fire Service The entire project site lies within the exterior boundaries of the Avra Valley Fire District. The nearest fire station (Northwest Fire District Station #36) is located at 13475 N. Marana Main Street, approximately one mile south of the project site. c. Sanitary Pick-Up Sanitary pick-up will be provided through a contract with a private garbage collection service. 2. Impact on Schools Since this is a commercial development there will not be an impact on the two schools located within one mile of the project site. sa Land Use Proposal 47 Marana Mercantile Rezone M. Recreation and Trails 1 1. Provided Recreation Areas No recreational amenities will be offered within the proposed development and ' existing off-site amenities will not be impacted. 2. Access to Off-Site Trails ' There will be no access provided to off-site trails given the proximity of the closest trail, the CAP Canal Trail, is approximately one mile away and east of Interstate 10. N. Cultural/Archaeological/Historic Resources ' On September 11, 2004, Old Pueblo Archaeology Center conducted a field survey of the project site to identify the presence, if any, of any cultural resources located on the project site. Two areas of the site were found to contain historical materials and were assigned the designations of AZ AA:12:970 (ASM) and AZ AA:12:971 (ASM). Old Pueblo Archaeology Center recommended that the site be documented in accordance with the Arizona State Historic Preservation Act Documentation Standards for Historic Properties in order to mitigate any effects that development might have upon it. In accordance with this recommendation, Architect, Harris Sobin prepared a Historic Architecture Report for ' Demolition. Both reports will be submitted under separate cover to Town of Marana's Cultural Resources Manager. In the event that significant archeological objects, any human remains, or funerary objects are uncovered during construction work, all work will be stopped in the area of the discovery and the Director of the Arizona State Museum as well as Repatriation Coordinator will be immediately notified of the discovery in accordance with A.R.S 41-865. ' Action must then be taken to prevent further disturbance of such remains. The Director of the Arizona State Museum will have ten working days to respond to any request to proceed with ground-disturbing activities. Land Use Proposal 48 I1 0 Marana Mercantile Rezone Appendix Design Guideline Intent The purpose of these commercial design guidelines is to establish clear direction for the development of ahigh-quality, attractive project that is compatible with the Town's General Plan principles and policies. These guidelines are supplemental to the Town of Marana's Commercial Design Standards. These guidelines will foster a more creative approach to commercial development and ensure the project is functional and safe. Design Guidelines These guidelines are intended to be an information. source for site development, landscape architecture, architecture and monumentation/identity features. These guidelines provide criteria for builders, planners, architects, landscape architects and civil engineers under the direction of the developer, and apply to the entire rezoning site. Additionally, Walmart has been identified as the potential large retail anchor for the project. Therefore, rendered elevations have been included as Exhibit lll: Walmart Building Elevations in order to convey the design intent for this anchor store. Since other users for the remainder of the project have not yet been identified, or in the unlikely event that Walmart is not the ultimate anchor of the project, the following architectural guidelines will ensure that the project is built in a high quality manner that meets or exceeds the Town's standards, and is appropriate given the project's highly visible location. Architectural Guidelines The guidelines outlined in this section are intended to promote the overall design quality of the commercial development. Aspects of scale, proportion and detail should be considered from the beginning of the design process. a. Site Design -The following guidelines shall apply to the site layout and orientation of building locations. • Placement and orientation of buildings shall maintain view corridors from Interstate 10 and Marana Road. • Anchor building shall be placed for the safe and functional separation of auto, pedestrian, and shipping traffic. • Loading and delivery facilities shall be separated from customer parking, and pedestrian areas. • Proper building orientation facilitates access between adjacent ingress/egress alignments. • To the maximum extent feasible, drive aisles shall utilize atwo-way traffic circulation pattern. ~ ~ I~ Appendix 49 Marana Mercantile Rezone • Where feasible, utilize grading, curb cutting, and drainage techniques to maximize water harvesting. I'. 0 1 Appendix 50 I 1 t 1 1 1 1 1 1 N C O N C N U N O C H c 0 r d W of __ m t W k i e_ ~. a ~u C 0 0 N 4 ~ ~ I O x_ N Q Q Q ~s N C O N C N C U_ T~ V T~S V i 'a d C a+ C O U ~. N C O W __ .3 m t4 ++ 's K w M N > x_ ~~ ~ m C a ~ a Q L Ot ,Q/ 01 Q C J di d E 0 d 0 0 N t d O v O 5 M N c O N C N C U C _~ m C C O (~ N c a d W of C .M~ W 2~ I W~ ~y W M x c a ~. Q Q ~. r Q E Y L c G C N 4 a 0 0 ~, I m c c 0 v N C O R d W .~ m ca iv t K W 4 ~a 4~ :~ ~~ s~ 5~ ~" ___. '. 3 a ii :a S ~~ Y A fr" ~~ F- 0 i uY fY '^ x c o ~ C > ~ ~ Q ur Q Q n, a. z c r i r t ___. _. Q3 N ~ u% t) r 1 4« u G 4 i ~ . ,~., N C O N L~' N C U N C m w+ C O V N C O m W c .~ m ca E ~_ x w W rc r~ 7 j ~ x ~I c I ~ ~ ' ~ Q Q Q I C I r I7I++I' r R-~ ~I I I N i ~; d 0 i 0 I = 1- M t t t ~ ~ Marana Mercantile Rezone b. Building Form and Architectural Elements -The following guidelines suggest treatments of architecture and common design aspects which arise with retail centers of this size and scale. • Blank walls void of architectural details or other variation are prohibited. All facades should have a varied design to avoid a monolithic appearance and break down the building into smaller sections for a more pedestrian scale with each side or section varying in its architectural features, type, material, and or color. • Sides and rear of the building facade shall be similar to the primary (front) facade in their architectural treatment when visible from the public realm or adjacent residential areas. Walls shall be articulated using a combination of decorative columns, diversity in texture and/or materials, offsets, or landscape pockets. • The backs or sides of buildings that are clearly visible from an arterial roadway or from Interstate 10 shall receive the most design emphasis in this regard. • Building design shall incorporate textured surfaces, projections, recesses, shadow lines, color, window patterns, overhangs, reveals, changes in parapet height to avoid monolithic shapes, and surfaces. • Entries shall be emphasized and provide shade for pedestrians. • Delivery, loading, trash, and other service areas must be screened or integrated into the building. Screening must be accomplished by a wall constructed of integrally colored CMU, architectural metal screens, brick, stone or stucco to match the primary structure. • Green walls or vegetation screening will be allowed. • All roof top mechanical equipment shall be screened by incorporating screening into the structure utilizing materials compatible with the supporting building. It shall be screened in a method, such as line of sight, sufficient enough to ensure no adjacent properties are negatively affected by either their appearance or any noise generated by this equipment. • The use of cast stone lintels, corbels, arches, stone detailing, entablatures, friezes, columns and other such elements are encouraged. • Integration of fabric/canvas awnings, flat metal awnings, and trellises is encouraged. • The use of chain link fencing or exposed cinder block walls is not permitted. c. Materials -The following section provides guidance on approved material types, colors, and treatment. Appendix 56 t t Marana Mercantile Rezone • Painted or integrally colored Exterior Insulation and Finish Systems (EIFS) - Stucco. • Stone veneers and faux stone products on building facades. • Integrally colored and painted concrete masonry units (CMU's). Smooth and split-face units of four, six, and eight inches tall. • Exposed galvanized steel members. • Aluminum storefront entry systems and window framing. • Vision and spandrel glasses. • Ornamental metal fencing. • Standing seam metal roofing. • Shade cloth screening. • Cast stone concrete caps. • Rusted steel accents. • Adobe brick or brick veneer. d. Lighting -This section addresses strict lighting regulations related to the Town of Marana Outdoor Lighting Code. • All lighting fixtures and primary sources of light will be directed down and shielded from adjoining properties. • Landscape lighting should be low level and recessed to shield the source of the light from adjacent parcels. • Trees within landscape areas should be sited and spaced to avoid conflicts with overhead light fixtures. e. Parking -Parking shall be shared where available and determined by the developer. Surface parking areas should be separated and appropriately landscaped. • Parking areas shall be screened through the use of a berm, wall or landscaping from adjacent public rights-of-way. • A pedestrian system consisting of primary and secondary sidewalks shall be provided that links uses, parking and external trails and sidewalks. Primary sidewalks shall be incorporated into landscaped islands and separated from drive aisles where possible. ~- tt Appendix 57 Marana Mercantile Rezone • Handicap parking spaces shall be in conformance with the Americans with Disabilities Act (ADA) both in dimension and in quality for specific uses. f. Signage/Prohibited Signs -The following signs shall be prohibited: ' Inflatable signs. ' Rooftop signs. • Signs on trailers or painted on the sides of disabled or parked vehicles. ' Rotating, revolving or flashing signs. ' Signs advertising or displaying any unlawful act, business or purpose. Any sign, notice or advertisement affixed to any street right-of-way, public sidewalk, crosswalk, curb, lamp post, hydrant, tree, telephone pole, lighting system, or upon any fixture of the fire or police alarm system of the Town of Marana. • Any strings or pennants, banners or streamers, cluster of flags, strings of twirlers or propellers, flares, balloons and similar attention-getting devices, ' including noise-emitting devices, with the exception of the following: ^ National, state or local governmental flags properly displayed. ' Holiday decorations shall be regulated by the development Master Association or sub-association through project CC&R's. Landscape Architecture Guidelines The intent of these standards, which will meet the requirements found in the Commercial Design Standards of the Land Development Code, is to provide high-quality landscape criteria for building sites, rights-of-way and open space within the development. The purpose of the landscaping is to soften and blend features between sites to create visual corridors and connections to the project. Impacts shall be mitigated using these standards to: ' Buffer transportation corridors, view corridors, drainages and public open spaces. • Landscaping shall be integrated with building design in internal areas of the site. Consideration shall be given to plant materials, types, growth rates, canopy size and required maintenance in relationship to building location, operation, site lines and site utilities. • A variety of plant materials shall be incorporated, including indigenous, low water use vegetation. ~N Appendix 58 Marana Mercantile Rezone • The use of climbing plant materials along walkways and on trellises and pergolas is encouraged. • A minimum tree size of 15 gallons shall be required for all trees. • Trees that produce large canopies and provide shade are especially encouraged in parking zones. • All planter areas within parking lots shall be provided with trees at the rate of not less than one tree per four parking stalls. For every 10 parking stalls a 9'x18' curbed island is required. • A minimum of 2'-0" landscape clear zone around the building shall be provided to help prevent insects or vermin from migrating into building. • An 8'-0" concrete paved walkway shall be provided at the building entry. • A 12'-0" minimum concrete paved walkway at major pedestrian circulation routes. • All landscape areas shall be irrigated using an underground drip irrigation system. Use of turf is prohibited. Water should be from a secondary non- potable water source where available. • Trees within landscape areas should be sited and spaced to avoid conflicts with overhead light fixtures. • Landscape plans shall be coordinated with above- and below-ground utilities to avoid conflicts at the time of installation. • Pedestrian shade/trellises are encouraged throughout the site. `ivy Appendix 59 (j ~I Marana Mercantile Rezone ' Biblio ra h 9 p Y ' Aerial Photographs, Pima Association of Governments, 2005, Arizona State Land Federal Emergency Management Agency (FEMA), Letter of Map Revision (LOMR). MapGuide, Pima County Department of Transportation. Marana General Plan, 2007. Marana Land Development Code, revised 2007. Northwest Marana Area Plan, 2000. ' Pima County DOT Geographical Information Services, 2007. Kittelson & Associates, Inc., Marana Wal-Mart Transportation Impact Analysis, November 2007, Updated July 2008. Sonoran Desert Conservation Plan, MapGuide. Town of Marana Trail System Master Plan, 2007. Traffic Volumes in Metropolitan Tucson and Eastern Pima County, 2005 - 2007. C i L 0 Bibliography 60 ~R ~~1 Ttl~t 01 YM~ W 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, September 15, 2009, 7:00:00 PM To: Mayor and Council From: Frank Cassidy ,Town Attorney Strategic Plan Focus Area: Commerce, Progress and Innovation Item A 2 Subject: Resolution No. 2009-160: Relating to Development; approving a retail development tax incentive agreement regarding the Marana Mercantile development project and authorizing the Mayor to sign it Discussion: This item relates to the Marana Mercantile rezoning on tonight's agenda. Two of the recommended Marana Mercantile rezoning conditions (conditions 6 and 7) address offsite roadway infrastructure. The Marana Mercantile Development Agreement (the MMDA) is designed to take the place of rezoning conditions 6 and 7 for so long as the MMDA is effective and the Developer is not in default under its terms. The MMDA was presented for discussion at the Council's August 4, 2009 meeting. If adopted as currently proposed, the MMDA will require the Town to reimburse the Developer's costs to construct certain roadway improvements out of 45% of the retail sales tax and 75% of the construction sales tax generated from the Marana Mercantile project. The proposed sales tax reimbursement makes the agreement a "retail development tax incentive agreement" governed by A.R.S. § 9-500.11. Like any other retail development tax incentive agreement, adoption of the MMDA requires the following steps: The adoption of a notice of intention to enter into the MMDA at least 14 days before its adoption (the notice of intention was adopted on August 18, 2009) A finding by simple majority vote of the Council that (1) the proposed tax incentive is anticipated to raise more revenue than the amount of the incentive within the duration of the MMDA and (2) that in the absence of a tax incentive, the retail business facility or similar retail business facility would not locate in Marana in the same time, place or manner (these findings are incorporated into the adopting resolution) Verification by an independent third party not financed by the Developer that the proposed tax incentive is anticipated to raise more revenue than the amount of the incentive within the duration of the MMDA (an August 27, 2009 certification by the independent real estate and economic consulting firm Elliott D. Pollack & Company is included in the materials) The "Required Roadway Improvements" in the MMDA are all of the following: . Marana Road as a two-lane curbed roadway (with turn lanes and signalization as required by a Regular Council Meeting -September 15, 2009 -Page 149 of 224 Town-approved traffic impact analysis) from (but not including) the Marana Road/Interstate 10 interchange to the western boundary of the Marana Mercantile property Sandario Road as a two-lane uncurbed roadway (as approved by the Town Engineer) from Marana Road to existing Sandario Road Marana Main Street as a three-lane (one lane in each direction with a turn lane in the middle) curbed roadway (as approved by the Town Engineer) to connect Marana Road to existing Sandario Road Signalization of the Interstate-10 off-ramps at Marana Road, if required by the Town-approved traffic impact analysis In addition, the Developer is required to construct a shoofly detour road (two-lane curbed roadway as approved by the Town Engineer) connecting the Interstate-10 Frontage Road and Marana Road and intersecting Marana Road directly across from Marana Main Street. This version of the MMDA proposes to reimburse 100% of the cost to construct all of the Required Roadway Improvements and 25% of the cost to construct the shoofly. The MMDA draft as presented at the August 4 meeting did not propose any reimbursement for the shoofly. The shoofly is not a permanent public roadway. It will probably be closed as a public road when the Interstate-10 Frontage Road is converted to one way southbound. The currently proposed draft MMDA will start reimbursements after the Developer begins construction of the Required Roadway Improvements and after the Developer has begun construction of at least 100,000 square feet of retail space. The MMDA will terminate on the earlier of (a) when all of the Required Roadway Improvements are completed by someone other than the developer, (b) when the total amount of sales tax reimbursements equal the full reimbursable costs including interest, or (c) on the 20th anniversary of the effective date of the agreement. Once the Developer begins receiving sales tax reimbursements, all unreimbursed balances incur interest. The interest rate is a set amount ranging from 5.5% to 4.0%, depending on when construction of the improvements begins (the sooner work is begun, the higher the interest rate). The Marana Mercantile development agreement also addresses many other development-related issues that are typically addressed by Marana development agreements, including: . A provision prohibiting the imposition of new development impact fees during the first 42 months of the agreement . Provisions requiring mediation and, if necessary, binding arbitration of all disputes A redline comparison draft is included with the backup materials, showing all of the changes between the currently proposed MMDA and version 4 dated July 14, which was included in the Council's August 4 and August 18 agenda packets. Financial Impact: The developer's economic analysis indicates that the Marana Mercantile project could generate nearly $1.4 million in annual Marana sales tax at full build-out. The Elliot D. Pollack & Company analysis notes that the Developer's figures are based on an average sales rate across the entire planned center of approximately $241 per square foot, while the median for the western United States is actually $311 per square foot. Applying the more conservative $241 figure to the minimum 100,000 square feet of retail area, the Elliott D. Pollack & Company analysis estimates that full reimbursement will be completed within eight years after the Marana Mercantile shopping center is opened. ATTACHMENTS: Name: ^ Reso appro_viny_Mara_na Mercantile_DA {00016561a,_DOC Description: Reso Approving Mercantile DA Type: Resolution ^ EX A Marana Mercantile Regular Council Meeting -September 15, 2009 -Page 150 of 224 DA (00014953-5~.DOC O EX A DA Mercantile DA -~ _., Legal_Descripton {00015940),pdf ^ EX B DA Marana Mercantile Tentative Development Plan ~00015961)~df Exh A to Resa: Mercantile DA Exh A to DA; Mercantile Legal Desariptian Exh B to DA: Mercantile Prelim Devt Plan Elliott D, Pollack Certification , Elliott D Pollack ~ Ga Certification Memo MemoL0016542~.PDF ^ DV Marana Mercantile DA _.. _ 20090908 vs_Cassidy 0714. Redline Gomparisan Mercantile DA version 5 us 4 verson.pdf Staff Recommendation: Exhibit Exhibit Exhibit Backup Material Backup Material Staff recommends approval of Resolution No. 2009-160, approving the Marana Mercantile Development Agreement and authorizing the Mayor to sign it on the Town's behalf. Suggested Motion: I move to approve Resolution No. 2009-160, approving and authorizing the Mayor to sign the Marana Mercantile Development Agreement. Regular Council Meeting -September 15, 2009 -Page 151 of 224 MARANA RESOLUTION N0.2009-160 RELATING TO DEVELOPMENT; .APPROVING A RETAIL DEVELOPMENT TAX INCENTIVE AGREEMENT REGARDING THE MARANA MERCANTILE DEVELOPMENT PROJECT AND AUTHORIZING THE MAYOR TO SIGN IT WHEREAS A.R.S. § 9-500.11 authorizes the Town to enter into a retail development tax incentive agreement under certain circumstances; and WHEREAS the Mayor and Council find that the proposed tax incentive to be approved by this resolution is anticipated to raise more revenue than the amount of the incentive within the duration of the agreement; and WHEREAS the Mayor and Council find that in the absence of a tax incentive, the Marana Mercantile development project would not locate in the Town of Marana in the same time, place or manner as it is agreeing to do under the terms of the Marana Mercantile Development Agreement; and WHEREAS the Town's finding that the proposed tax incentive is anticipated to raise more revenue than the amount of the incentive within the duration of the Marana Mercantile Development Agreement has been verified by an independent third party; and WHEREAS on August 18, 2009, the Town adopted a notice of intent to enter into the Marana Mercantile Development Agreement, as required by A.R.S. § 9-500.11(K); and WHEREAS the Mayor and Council find the terms. and conditions of the Marana Mercantile Development Agreement are in the best interest of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Marana Mercantile Development Agreement attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved, and the Mayor is hereby authorized and directed to execute it for and on behalf of the Town of Marana. SECTION 2. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this resolution. Reguly~~i~~~~~glp~~~nber 15, 2009 -Page 152 of 224 _ 1 _ {OOO16561.DOC /} PASSED AND ADOPTED BY THE MAYOR AND COUNCIL, OF THE TOWN OF MARANA, ARIZONA, this 15t" day of September, 2009. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regulq~~i~~gZO~R~nber 15, 2009 -Page 153 of 224 _ 2 _ {00016561.DOC /} MARANA MERCANTILE DEVELOPMENT AGREEMENT TOWN OF MARANA~ ARIZONA This Development Agreement (this "Agreement") is entered into by and between the TowN of MARANA, an Arizona municipal corporation (the "Town") and DTD-DEVCO 10, L.L.C., an Arizona limited liability company (the "Owner/Developer"). The Town and the Owner/ Developer are collectively referred to in this Agreement as the "Parties," and each is sometimes individually referred to ws a "Party." RECITALS A. Owner/Developer was formed and exists for the purposes of owning and developing ap- proximately 39.09 acres of real property located within the corporate limits of the Town (the "Property"). B. Owner/Developer intends and desires to develop a regional retail shopping center on the Property containing approximately 280,000 square feet (the "Development"). C. The Property and the proposed Development are included in and subject to the provisions of the Marana Mercantile Rezoning (the "Marana Mercantile Rezoning"), approved by the Town concurrently with the date of this Agreement pursuant to Ordinance No. 2009._ D. The Property is legally described in Exhibit A attached to this Agreement. E. The Town and Owner/Developer desire to establish certain agreements regarding the De- velopment pursuant to A.R.S. § 9-500.05 and certain agreements in connection with develop- ment activities for the economic benefit of the Town pursuant to A.R.S. § 9-500.11 upon and in accordance with the terms and conditions set forth in this Agreement. F. The Development is consistent with the Town's long-term economic development strate- gies and is expected to create a source of significant tax revenue for the Town for many years. G. The Development will have a substantial positive economic impact on the Town because it is expected to provide commercial and retail service opportunities consistent with the busi- nesses targeted by the Town. The facilities to be constructed as part of the Development are ex- pected to produce a significant number of new jobs and generate substantial sales tax revenues. Consequently, the short-term and long-term benefits of the Development will offset and signifi- cantly outweigh the costs of the reimbursements provided by the Town under this Agreement. H. The Development is in compliance with the Town's adopted and approved General Plan (as defined in A.R.S. § 9-461). I. The Town is authorized by A.R.S. § 9-500.05 to enter into a development agreement with a landowner or other person or entity having an interest in real property located within the Town to facilitate development of the property by providing for, among other things, the conditions, {00014953.DOC / 5} 9/8/2009 7:30 AM MARANA MERCANTILE DEVELOPMENT AGREEMENT -1- Regular Council Meeting -September 15, 2009 -Page 154 of 2~XHIBIT A terms, restrictions, and requirements for development and public infrastructure and the financing of public infrastructure. J. In approving this Agreement, the Town Council has found and determined that certain ac- tivities relating to the Development are economic development activities within the meaning of A.R.S. § 9-500.11, that all expenditures by the Town pursuant to this Agreement constitute the appropriation and expenditure of public monies for and in connection with economic develop- ment activities and that it is appropriate to provide Owner/Developer with the reimbursement in this Agreement as an inducement to cause Owner/Developer to construct, own and operate the Development in the Town. K. The Town adopted a notice of intent to enter into this Agreement not less than 14 days be- fore the Town Council approved this Agreement, in compliance with A.R.S. § 9-500.11. L. The Town Council finds that the Development will raise more revenue for the Town than the amount of the reimbursements to the Owner/Developer within the duration of this Agree- ment. M. An independent third party not financed by the Owner/Developer has verified the Town Council's finding that the Development will raise more revenue for the Town than the amount of the reimbursements to the Owner/Developer within the duration of this Agreement. N. The Town Council finds that in the absence of the reimbursements to the Owner/ Developer provided pursuant to this Agreement, the Development would not locate in the Town in the same time, place or manner as it will with the reimbursements to the Owner/Developer. O. The Owner/Developer will incur out-of-pocket public infrastructure construction costs and will make certain contributions for public infrastructure in the immediate vicinity of and di- rectly benefiting the Development. P. The Property is located in an area where the Town has determined that the existing public transportation infrastructure is inadequate, and where the Required Roadway Improvements, as defined in this Agreement, need to be constructed before the Development occurs, but to a large extent would be needed even if the Development does not occur. Q. Because the Required Roadway Improvements would to a large extent be needed whether or not the Development occurs, the Town has determined that full reimbursement of any costs incurred by the Owner/Developer for the construction of the Required Roadway Improvements is both appropriate and necessary. R. The reimbursements to the Owner/Developer provided pursuant to this Agreement are in- tended to reimburse the Owner/Developer for its out-of-pocket construction costs and contribu- tions and related interest and carrying costs for the Required Roadway Improvements, as de- scribed more specifically in this Agreement. AGREEMENT Now, TxEREFORE, in consideration of the mutual promises made in this Agreement, the Par- ties agree as follows: {00014953.DOC / 5 } 9/8/2009 7:30 AM MARANA MERCANTILE DEVELOPMENT AGREEMENT -2- Regular Council Meeting -September 15, 2009 -Page 155 of 2~XHIBIT A Article 1. Background 1.1. Incorporation of the Recitals. The foregoing Recitals are incorporated here by this refer- ence. 1.2. Proposed Uses. The Development is a retail center planned to accommodate a range of differing but complementary retail-related land uses on an integrated and master-planned basis. Overall, the Development will create substantial additional sales tax revenues for the Town, will assist in the creation or retention of jobs and will otherwise improve or enhance the economic welfare of the residents of the Town by bringing customers to the Development from the Town and surrounding communities. Exhibit B attached to this Agreement is a conceptual depiction of the master site plan for the Development. This master site plan will be updated in accordance with paragraph 2.3.2 below. 1.3. Definitions. The following definitions shall apply to this Agreement: 1.3.1. "Construction Sales Tax Revenues" mean those portions of the Town's transaction privilege taxes (currently 4%) generated pursuant to Section 8-415 or 8-416 of the Marana Tax Code from construction contracting or speculative builder activities occurring on the Property. 1.3.2. The "Development" is defined in recital B above and described in Exhibit B and in paragraph 1.2 above. 1.3.3. "Development Regulations" is defined in paragraph 2.1 below. 1.3.4. "Initial Development Plan" is defined in paragraph 2.3.1 below. 1.3.5. "Initial Minimum Improvements" is defined in paragraph 2.3.1 below. 1.3.6. "Interest" or "Interest Rate" means interest on the applicable obligation or sum (in- cluding the Total Reimbursement Amount) at the following rate per annum, compounded quarterly on the first day of each calendar quarter: 1.3.6.1. Five and a half percent (5.5%) if the Owner/Developer issues a notice to pro- ceed for the construction of the Required Roadway Improvements on or before December 31, 2012. 1.3.6.2. Five percent (5.0%) if the Owner/Developer issues a notice to proceed for the construction of the Required Roadway Improvements after December 31, 2012 but on or before December 31, 2013. 1.3.6.3. Four and a half percent (4.5%) if the Owner/Developer issues a notice to pro- ceed for the construction of the Required Roadway Improvements after December 31, 2013 but on or before December 31, 2014. 1.3.6.4. Four percent (4.0%) if the Owner/Developer issues a notice to proceed for the construction of the Required Roadway Improvements after December 31, 2014. If at any time the construction halts for six consecutive months for any reason other than "force majeure" (paragraph 7.27 below), the Interest Rate shall be decreased one-half percent (0.5%) for each six-month period the delay continues; provided, however, that the Interest Rate shall not be reduced below four percent (4.0%). {00014953.DOC / 5} MARANA MERCANTILE DEVELOPMENT AGREEMENT -3- 9/8/2009 7:30 AM Regular Council Meeting -September 15, 2009 -Page 156 of 2~XHIBIT A 1.3.7. The "Marana Mercantile Rezoning" is the rezoning for the Property, approved by the Town concurrently with the date of this Agreement pursuant to Ordinance No. 2009. (see recital C above), including all conditions and stipulations of rezoning and design guide- lines associated with it. 1..3.8. The "Owner/Developer" is defined in the introductory paragraph of this Agreement and in paragraph 2.6 below. 1.3.9. The "Property" is defined in recital A above and described in Exhibit A attached to this Agreement. 1.3.10. "Reimbursement Account" means a separate account within the Town's General Fund or accounted for by an appropriate book or ledger entry designation for the purpose of making Reimbursement Payments (see paragraph 4.4 below) 1.3.11. "Reimbursement Payments" is defined in paragraph 4.6 below. 1.3.12. "Required Roadway Improvements" means the design and construction of all of the following (subject to modification pursuant to Paragraphs 2.5 and 3.4 of this Agreement): 1.3.12.1. Marana Road as a two-lane curbed roadway (with turn lanes and signaliza- tion as required by aTown-approved traffic impact analysis) from (but not including) the Marana Road/Interstate 10 interchange to the western boundary of the Property. 1.3.12.2. Sandario Road as a two-lane uncurbed roadway (as approved by the Town Engineer) from Marana Road to existing Sandario Road. 1.3.12.3. Marana Main Street as a three-lane (one lane in each direction with a turn lane in the middle) curbed roadway (as approved by the Town Engineer) to connect Ma- rana Road to existing Sandario Road, currently estimated to be a distance of .42 miles but which shall in any event be no more than .46 miles, measured along its centerline. 1.3.12.4. Signalization of the Interstate-10 off-ramps at Marana Road, if required by the Town-approved traffic impact analysis. 1.3.12.5. Any additional improvements to the foregoing roadways, to the extent agreed upon in writing by the Owner/Developer and the Town. 1.3.13. "Required Roadway Improvement Costs" means all costs, expenses, fees and charges actually incurred and paid by or on behalf of Owner/Developer to contractors, archi- tects, engineers, surveyors, governmental agencies, other professionals and consultants, and other third parties for materials, labor, planning, design, engineering, surveying, site excava- tion and preparation, governmental permits and payments, payment and performance bonds, other professional services, and all other costs and expenses related or incidental to and rea- sonably necessary for, the acquisition, improvement, construction, installation, or provision of the Required Roadway Improvements, together with all costs associated with the acquisi- tion of lands, rights-of--way and easements either to be dedicated to the Town or upon which Required Roadway Improvements are to be constructed; provided, however, that Required Roadway Improvement Costs shall not include the value of right-of--way dedicated by Owner/Developer from the Property or any finance or interest costs incurred by Owner/ Developer in connection with the design and construction of the Required Roadway Im- provements. The term "Required Roadway Improvement Costs" shall also include one-fourth {00014953.DOC / 5} 9/8/2009 7:30 AM MARANA MERCANTILE DEVELOPMENT AGREEMENT -4- Regular Council Meeting -September 15, 2009 -Page 157 of 2~'XHIBIT A of the costs, expenses, fees and charges actually incurred and paid by or on behalf of Owner/Developer to contractors, architects, engineers, surveyors, governmental agencies, other professionals and consultants, and other third parties for materials, labor, planning, de- sign, engineering, surveying, site excavation and preparation, governmental permits and payments, payment and performance bonds, other professional services, and all other costs and expenses related or incidental to and reasonably necessary for, the acquisition, improve- ment, construction, installation, or provision of the Shoofly. 1.3.14. "Sales Tax Revenues" means that portion of the Town's transaction privilege taxes (currently 2%) generated from the following activities occurring on the Property: 1.3.14.1, Amusements, exhibitions and similar activities pursuant to Section 8-410 of the Marana Tax Code. 1.3.14.2. Hotels pursuant to Section 8-444 of the Marana Tax Code. 1.3.14.3. Rentals pursuant to Section 8-445 of the Marana Tax Code. 1.3.14.4. Restaurants and bars pursuant to Section 8-455 of the Marana Tax Code. 1.3.14.5. Retail sales pursuant to Section 8-460 of the Marana Tax Code. References to sections of the existing Marana Tax Code shall include corresponding sec- tions of successor codes. 1.3.15. The "Shoofly" is a shoofly detour road (two-lane curbed roadway as approved by the Town Engineer) connecting the Interstate-10 Frontage Road and Marana Road and inter- secting Marana Road directly across from Marana Main Street, open to and accessible by the traveling public for so long as the Town Engineer reasonably determines it is required for the safe operation of the Marana Road/Interstate-l Otraffic interchange. 1.3.16. The "Total Reimbursement Amount" is defined in paragraph 4.1 below, and shall not exceed the Required Roadway Improvement Costs, plus Interest. Article 2. Development of the Property. 2.1. Development Regulations. The development of the Property shall be governed by -the underlying zoning or land use designation and the standards provided for in the Marana Mercan- tile Rezoning, including the Owner/Developer's design and development standards and guide- lines, as clarified and .supplemented by this Agreement. The Marana Development Code, includ- ing the written rules, regulations, substantive procedures, and policies relating to development of land, adopted or approved by the Mayor and Council (collectively the "Marana Development Code") in effect on the effective date of the Marana Mercantile Rezoning shall apply to the ex- tent not covered by the Marana Mercantile Rezoning or this Agreement. In the event of any ex- press conflict, the terms of this Agreement and the Marana Mercantile Rezoning shall control over the Marana Development Code. For purposes of this Agreement, the underlying zoning or land use designation shall mean. full development, exclusive of voluntary limitations or restric- tions, under the controlling underlying zoning or land use designation included in the Marana Mercantile Rezoning, and if not so covered, under the Marana Development Code. Anything else in this Agreement to the contrary notwithstanding, the Town shall not apply any ordinances en- acted after the Effective Date of this Agreement which. impose special limitations or restrictions on the development of single user retail facilities in excess of a certain size limitation (such as {00014953.DOC / 5} 9/8/2009 7:30 AM MARANA MERCANTILE DEVELOPMENT AGREEMENT -5- Regular Council Meeting -September 15, 2009 -Page 158 of 2~XHIBIT A 100,000 square feet or more of retail space) for retail facilities on the Property. The immediately preceding sentence shall terminate on the tenth anniversary of the Effective Date of this Agree- ment. The requirements of this paragraph are collectively referred to as the "Development Regu- lations." 2.2. Development Review. The Property shall be developed in a manner consistent with the Development Regulations and this Agreement, which together establish the basic land uses, and the densities, intensities and development regulations that apply to the land uses authorized for the Property. Upon the Owner/Developer's compliance with the applicable development review and approval procedures and substantive requirements of the Development Regulations, the Town agrees to issue such permits or approvals for the Development as may be requested by the Owner/Developer. 2.3. Initial Development Plan. As a condition precedent to the Owner/Developer's right to receive and the Town's obligation to make Reimbursement Payments under Article 4 of this Agreement, and not as a separate obligation, the Owner/Developer shall prepare and submit to the Town the following: 2.3.1. A development plan (the "Initial Development Plan") for the initial construction of the Development, consisting of at least 100,000 square feet of retail building space and re- lated parking, supporting infrastructure and amenities (the "Initial Minimum Improve- ments"). 2.3.2. An updated revised conceptual master site plan for the entire Development. 2.4. Minimum Construction Obli a~ tom. As a condition precedent to the Owner/Developer's right to receive and the Town's obligation to make Reimbursement Payments under Article 4 of this Agreement, and not as a separate contractual obligation, the Owner/Developer shall obtain building permits for and begin construction of the Initial :Minimum Improvements in a manner consistent with the Initial Development Plan. 2.5. Marana Main Street Right-of--Way Acquisition. The Town agrees to timely begin and diligently pursue the acquisition of all right-of--way (the "Marana Main ROW") needed for the construction of the Marana Main Street improvements (the "Marana Main Improvements") from Marana Road to Sandario Road (see subparagraph 1.3.12.3 above). If the Town fails to acquire the Marana Main ROW by the time the Owner/Developer begins actual physical construction of the Initial Minimum Improvements, the Marana Main Improvements shall be permanently de- leted from the definition of Required Roadway Improvements, and shall not be required to be constructed by the Owner/Developer; provided, however, that the Owner/Developer shall, at least 180 days prior to actual physical construction of the Initial Minimum Improvements, give the Town written notice of the date Owner/Developer plans to begin actual physical construction of the Initial Minimum Improvements. 2.6. Effect of Sale of a Portion of the PropertX. The Owner/Developer anticipates that it will sell a portion of the Property to a third party soon after this Agreement is executed, and in any event before the obligations of the Owner/Developer under this Agreement are satisfied. Upon that event: {00014953.DOC / 5} 9/8/2009 7:30 AM MaItANA MERCANTILE DEVELOPMENT AGREEMENT -6- Regular Council Meeting -September 15, 2009 -Page 159 of 2~XHIBIT A 2.6.1. For purposes of the performance of the Owner/Developer's obligations relating to the Required Roadway Improvements and the Shoofly, the term "Owner/Developer" shall jointly and severally include each and every owner of any portion of the Property. 2.6.2. For purposes of entitlement to receive Reimbursement Payments under Article 4 of this Agreement, the "Owner/Developer" shall mean that owner of any portion of the Property who incurs all or a portion of the Required Roadway Improvement Costs. Article 3. Construction of the Required Roadway Improvements and the Shoofly 3. L Timing of Construction of Required Roadway Improvements and the Shoofly. Construc- tion of the Required Roadway Improvements and the Shoofly must be substantially complete before the Town issues a certificate of occupancy for any structure on the Property. The Town's right to withhold certificates of occupancy is a contract right granted by this Agreement, and is granted notwithstanding any right of the Owner/Developer or its successors in interest to receive certificates of occupancy pursuant to the Marana building codes. 3.2. Owner/Developer's Public Roadway Improvement Obli atm. The Town shall not re- quire the Owner/Developer to construct, provide funding for, or contribute land at no cost for any public roadway improvements other than the Required Roadway Improvements and the Shoofly. 3.3. Required Roadwa~provements Construction and Reimbursement. In satisfaction of the Owner/Developer's public roadway improvement obligations under the Marana Mercantile Rezoning and as a condition precedent to receiving Reimbursement Payments under Article 4 of this Agreement, the Owner/Developer shall, in conjunction with its construction of the Devel- opment and in accordance with the State of Arizona and the Town public infrastructure construc- tion procurement laws and procedures: 3.3.1. Design and construct the Required Roadway Improvements and the Shoofly; and 3.3.2. Pay all Required Roadway Improvement Costs as they become due. 3.4. Effect of Prior Construction. The Owner/Developer shall not be required to construct the Required Roadway Improvements and the Shoofly if they are under construction by the Town or some other entity before the Owner/Developer obtains building permits for construction of the Initial Minimum Improvements. However, since the purpose of this Agreement is to facilitate repayment of the Owner/Developer for costs associated with Owner/Developer's construction of the Required Roadway Improvements, this Agreement shall terminate if and when all of the Re- quired Roadway Improvements and the Shoofly are completed by anyone other than the Owner/Developer (see paragraph 7.1 below). If some, but not all, of the Required Roadway Im- provements and the Shoofly are under construction by the Town or some entity other than the Owner/Developer, the remainder of the Required Roadway Improvements and the Shoofly, as they may be modified pursuant to the next sentence, shall be constructed by the Owner/Developer. In that event, the Town shall be authorized to expand or realign the Required Roadway Improvements and/or the Shoofly to the extent reasonably necessary to accommodate additional capacity and alignment considerations resulting from then-existing development. 3.5. Town Review and Approval of Plans. Except as expressly provided in this Agreement, the development and construction of the Required Roadway Improvements is subject to the {00014953.DOC / 5} 9/8/2009 730 AM MARANA MERCANTILE DEVELOPMENT AGREEMENT - 7 - Regular Council Meeting -September 15, 2009 -Page 160 of 2~XHIBIT A Town's normal plan submittal, review and approval procedures and construction inspection re- quirements. Article 4. Town Reimbursement to Owner/Developer 4.1. Total Reimbursement Amount. The Town shall make Reimbursement Payments to the Owner/Developer for the Owner/Developer's Required Roadway Improvement Costs plus Inter- est (collectively, the "Total Reimbursement Amount"). 4.2. Accrual of Interest. From and after the Town's first reimbursement payment to the Owner/Developer pursuant to paragraph 4.6 below, Interest shall accrue on any unreimbursed portion of the Total Reimbursement Amount at the Interest Rate. This accrued Interest on the Total Reimbursement Amount shall be a portion of the Reimbursement Payments in paragraph 4.6 below. 4.3. Owner/Developer's Quarterly Statement of Costs. The Owner/Developer shall submit to the Town a quarterly statement showing the actual construction costs incurred and contributions paid to date for the Required Roadway Improvements. The Owner/Developer shall provide the Town with invoices or other backup information reasonably requested by the Town to confirm the accuracy of the Owner/Developer's quarterly statement of costs and contributions. 4.4. Reimbursement Account. The Town shall deposit into the Reimbursement Account 45% of the Sales Tax Revenues (see paragraph 1.3.14 above) and 75% of the Construction Sales Tax Revenues (see paragraph 1.3.1 above) as they are received from the Arizona Department of Revenue, beginning with the first such revenues generated from the Property and ending upon the earlier of the following: 4.4.1. The expiration of this Agreement. 4.4.2. When the Town has fully reimbursed the Owner/Developer for the Required Roadway Improvement Costs. Funds in the Reimbursement Account shall be reimbursed to the Owner/Developer pursuant to paragraph 4.6 below. 4.5. Reimbursement from Other Sources If the Town receives any reimbursement (individu- ally or collectively, a "Third Party Reimbursement") for any portion of the Required Roadway Improvement Costs from any third party (by way of example, from any improvement district, capital improvement project, any other benefitted landowner, etc.), then the Town shall immedi- ately deposit such Third Party Reimbursement into the Reimbursement Account for distribution to Owner/Developer in accordance with the provisions of paragraph 4.6 below. 4.6. Reimbursement Payments. The Town shall pay to the Owner/Developer within the first 45 days of each calendar quarter all funds in the Reimbursement Account ("Reimbursement Payments"), beginning the first calendar quarter after the later of (i) Town's issuance of the cer- tificate of occupancy for any combination of buildings that are constructed as part of and satisfy the requirement for the Initial Minimum Improvements as shown on the Initial Development Plan (see paragraph 2.3.1 above) or (ii) the Owner/Developer's satisfaction of all conditions precedent to receiving Reimbursement Payments as set forth in this Agreement. Any funds ac- crued in the Reimbursement Account but not yet disbursed to the Owner/Developer upon the ex- piration of this Agreement shall be paid to Owner/Developer within thirty days after the expira- {00014953.DOC / 5} 9/8/2009 7:30 AM MARANA MERCANTILE DEVELOPMENT AGREEMENT -8- Regular Council Meeting -September 15, 2009 -Page 161 of 2~XHIBIT A tion of this Agreement. Reimbursement Payments shall be deemed to be made first on account of accrued and unpaid Interest and then on account of unreimbursed Required Roadway Improve- ment Costs. 4.7. Owner/Developer Audit. Not more than once each calendar year, the Owner/Developer may, at its own cost, audit Town sales tax returns and other appropriate financial records of the Town to assure prompt and accurate deposit into the Reimbursement Account of all revenues as required pursuant to this Agreement. 4.8. Annual Report. Within 45 days following the end of each Town fiscal year, the Town shall deliver to the Owner/Developer areport of all Sales Tax Revenues generated by or attribut- able to the Development which have been utilized by the Town in determining the amount de- posited into the Reimbursement Account. 4.9. Limitations. During the Term of this Agreement, the Town shall not enter into any agreement or transaction which impairs the rights of Owner/Developer under this Agreement, including, without limitation, the right to receive the Reimbursement Payments and the proceeds of the Reimbursement Account in accordance with the procedures established in this Agreement. 4.10. Multiple Business Locations and Contractors; Release of Tax Information. Since con- tractors report their transaction privilege taxes on the basis of revenues for all construction work throughout the Town and since some businesses with multiple locations in the Town report their transaction privilege taxes on the basis of revenues for all their locations in the Town, rather than separately for each location, Owner/Developer shall require each such contractor to separately report transaction privilege taxes for construction activities occurring on the Property and shall require each such business to separately report transaction privilege taxes for transactions at its business located in the Development. The Owner/Developer shall exercise reasonable efforts to obtain from each such contractor and business a consent to release of tax information in a form reasonably acceptable to the Town. If the separate report required by this paragraph is not pro- vided to the Town, the Town shall make a reasonable estimate of the Sales Tax Revenues de- rived from the Development based on all information available to the Town, including informa- tion provided by the Owner/Developer, and the good faith certification by the Town's Finance Director shall be considered final and binding upon the Owner/Developer. The final certification of the Town's Finance Director shall be subject to all applicable laws that may prohibit or limit the dissemination or use of transaction privilege tax and related information. Article 5. Owner/Developer's Payment of Development Impact Fees 5.1. Water Impact Fees. The only Town development impact fees adopted by the Town pur- suant to A.R.S. § 9-463.05 and currently applicable to the Development are the Gravity Storage and Renewable Water Resource Fee and the Water System Infrastructure Impact Fee, adopted by Marana Ordinance No. 2005.25. 5.2. Other Impact Fees. Except as specifically provided in the first sentence of paragraph 5.1 above, no surcharge, development fees or impact fees, exactions or impositions of any kind whatsoever for water, sewer, utilities, streets or other transportation systems, parks, preserves, storm sewers, flood control, public safety or other public services or any other infrastructure cost or expense shall be chargeable to the Owner/Developer or to any owner, lessee or occupant of the Development within the first 42 months after the Effective Date of this Agreement. {00014953.DOC / 5} 9/8/2009 7:30 AM MARANA MERCANTILE DEVELOPMENT AGREEMENT -9- Regular Council Meeting -September 15, 2009 -Page 162 of 2~XHIBIT A Article 6. Cooperation and Alternative Dispute Resolution. 6.1. Appointment of Representatives. To further the commitment of the Parties to cooperate in the progress of the Development, the Town and the Owner/Developer each shall designate and appoint a representative to act as a liaison between the Town and its various departments and the Owner/Developer. The initial representative for the Town (the "Town Representative") shall be the Planning Director, and the initial representative for the Owner/Developer shall be Gary El- bogen or a replacement to be selected by the Owner/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. 6.2. Non-Performance; Remedies. If either Party does not perform under this Agreement (the "Non-Performing Party") with respect to any of that Party's obligations under this Agreement, the other Party (the "Demanding Party") shall be entitled to give written notice in the manner prescribed in paragraph 7.29 below to the Non-Performing Party, which notice shall state the na- ture of the non-performance claimed and make demand that such non-performance be corrected. The Non-Performing Party shall then have (i) twenty days from the date of the notice within which to correct the non-performance if it can reasonably be corrected by the payment of money, or (ii) thirty days from the date of the notice to cure the non-performance if action other than the payment of money is reasonably required, or if the non-monetary non-performance cannot rea- sonably be cured within thirty days, then such longer period as may be reasonably required, pro- vided and so long as the cure is promptly commenced within thirty days and thereafter diligently prosecuted to completion. If any non-performance is not cured within the applicable time period set forth in this paragraph., then the Demanding Party shall be entitled to begin the mediation and arbitration proceedings set forth in this Article. The Parties agree that due to the size, nature and scope of the Development, and due to the fact that it may not be practical or possible to restore the Property to its condition prior to Owner/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 non- performance of a covenant contained in this Agreement. This paragraph shall not limit any con- tract or other rights, remedies, or causes of action that either Party may have at law or in equity. 6.3. Mediation. If there is a dispute under this Agreement which the Parties cannot resolve between themselves, the Parties agree that there shall be a forty-five day moratorium on arbitra- tion during which time the Parties agree to attempt to settle the dispute by nonbinding mediation before commencement of arbitration. The mediation shall be held under the commercial media- tion rules of the American Arbitration Association. The matter in dispute shall be submitted to a mediator mutually selected by Owner/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 OwnerNeveloper 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 develop- ment. The cost of any such mediation shall be divided equally between the Town and the Owner/Developer. The results of the mediation shall be nonbinding on the Parties, and any Party shall be free to initiate arbitration after the moratorium. 6.4. Arbitration. After mediation, as provided for in this Article, any dispute, controversy, claim or cause of action arising out of or relating to this Agreement shall be settled by submis- {00014953.DOC / 5 } 9/8/2009 7:30 AM MARANA MERCANTILE DEVELOPMENT AGREEMENT -10- Regular Council Meeting -September 15, 2009 -Page 163 of 2~XHIBIT A Sion 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. § 1.2-501 et seq., and judgment upon the award rendered by the arbitrator(s) may be entered in a court having jurisdiction. Article 7. General Terms and Conditions. 7.1. 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 earliest of the following: (a) when construction of all of the Required Roadway Improvements is completed by an entity other than the Owner/Developer (see paragraph 3.4 above), (b) when the total amount of all Reimbursement Payments (see para- graph 4.6 above) equals the Required Roadway Improvement Costs plus Interest or (c) on De- cember 31 immediately following 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. 7.2. 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 Owner/Developer of the non-performance 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. 7.3. Attorney's Fees. If any Party brings a lawsuit against any other Party to enforce any of the terms, covenants or conditions of this Agreement, or by reason of any non-performance of this Agreement, the prevailing Party shall be paid all reasonable costs and reasonable attorneys' fees by the other Party, in an amount determined by the court and not by the jury. Nothing in the use of the word "lawsuit" in the preceding sentence shall constitute a waiver of paragraph 6.4 above, requiring disputes to be resolved by binding arbitration. 7.4. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The signature pages from one or more counterparts may be removed from the coun- terparts and attached to a single instrument so that the signatures of all Parties may be physically attached to a single document. 7.5. Headin;;s. The descriptive headings of this Agreement are intended to be used to assist in interpreting the meaning and construction of the provisions of this Agreement. 7.6. Recitals. The recitals set forth at the beginning of this Agreement are hereby aclcrlowl- edged, confirmed to be accurate and incorporated here by reference. 7.7. Exhibits. Any exhibit attached to this. Agreement shall be deemed to have been incorpo- rated in this Agreement by reference with the same force and effect as if fully set forth in the body of this Agreement. 7.8. 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 {00014953.DOC / 5 } 9/8/2009 7:30 AM MnxnNA MERCANTILE DEVELOPMENT AGREEMENT -11- Regular Council Meeting -September 15, 2009 -Page 164 of 2~XHIBIT A faith and process promptly any requests and applications for plat or permit approvals or revi- sions, and other necessary approvals relating to the Development. 7.9. Time Essence. Time is of the essence of each and every obligation by the Town and Owner/Developer under this Agreement. 7.10. Successors and Assi rgns. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the Parties pursuant to A.R.S. § 9-500.05 (D). Owner/Developer shall retain the right to receive Reimbursement Payments as provided by para- graph 4.6 of this Agreement regardless of the status of title or ownership of any or all of the Property unless Owner/Developer expressly assigns its rights to receive the Reimbursement Payments. No assignment, however, shall relieve either party of its obligations under this Agreement, except that an assignment by Owner/Developer in connection with the transfer of title to the Property shall relieve Owner/Developer of its obligations under this Agreement if the transferee agrees to be fully bound by the provisions of this Agreement. Any assignment by Owner/Developer shall be subject to the approval of the Town, which shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Owner/Developer may, without the Town's consent, wholly or partially assign this Agreement to: (a) any Affiliate of Owner/Developer, or any entity in which Owner/Developer or an Affiliate of Owner/Developer is a managing member or managing partner or (b) any entity in which DTRI, L.L.C. or DESERT TROON, LIMITED, L.L.C. are owners; or (c) any entity which owns a parcel in the Project containing a building of at least 50,000 square feet. As used in this paragraph, the term "Affiliate" means any entity under com- mon control with Owner/Developer. After assignment of rights as provided in this paragraph, the assignee shall receive the right to Reimbursement Payments under Article 4 of this Agreement to the extent of the assignment. 7.11. No Title Encumbrance. Notwithstanding the fact that this Agreement is being recorded in the Official Records of Pima County, it is intended that this Agreement shall not be an encum- brance upon the title of any person or entity purchasing or owning a portion of the Property, and that the terms and conditions of the Agreement are not covenants running with the land and that no person or entity is bound by (or entitled to) the burdens and benefits of this Agreement unless the burdens are expressly assumed by or the benefits are expressly assigned to that person or en- tity. 7.12. Lender Provisions. Notwithstanding paragraph 7.10 above, the Town is aware that fi- nancing for development, construction, and operation of the Development may be provided, in whole or in part, from time to time, by one or more third parties (collectively, "Lender"), and that Lender may request a collateral assignment of this Agreement as part of its collateral for its loan to Owner/Developer. The Town agrees that such collateral assignments are permissible without the consent of the Town. In the event of non-performance by Owner/Developer, the Town shall provide notice of non-performance to any Lender previously identified in writing to the Town at the same time notice is provided to Owner/Developer. If a Lender is permitted under the terms of its agreement with Owner/Developer to cure the non-performance and/or to assume Owner/Developer's position with respect to this Agreement, the Town agrees to recognize the rights of Lender and to otherwise permit Lender to assume such rights and obligations of Owner/Developer under this Agreement. Nothing contained in this Agreement shall be deemed to prohibit, restrict, or limit in any way the right of a Lender to take title to all or any portion of the Property, pursuant to a foreclosure proceeding, trustee's sale, or deed in lieu of foreclosure. {00014953.DOC / 5 } 9/8/2009 7:30 AM MARANA MERCANTILE DEVELOPMENT AGREEMENT -12- Regular Council Meeting -September 15, 2009 -Page 165 of 2~XHIBIT A The Town shall, at any time upon request by Owner/Developer or Lender, provide to any Lender an estoppel certificate; acknowledgement of collateral assignment, or other document evidencing that this Agreement is in full force and effect, that it has not been amended or modified (or, if appropriate, specifying the amendment or modification), and that no non-performance by Owner/Developer exists under this Agreement (or, if appropriate, specifying the nature and dura- tion of any existing non-performance) and certifying to such other matters reasonably requested by Owner/Developer or Lender. Upon request by a Lender, the Town will enter into a separate assumption or similar agreement with the Lender consistent with the provisions of this para- graph. 7.13. No Partnership. 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 Owner/Developer and the Town. 7.14. Third Party Beneficiaries. 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. Except as provided in paragraph 7.12 of this Agreement, this Agreement is made and entered into for the sole protection and benefit of the Parties and their permitted assigns, and no person other than the Parties and their permitted assigns shall have any right of action based upon any provision of this Agreement. 7.15. Other Instruments. Each Party shall, promptly upon the request of the other, have ac- knowledged 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. 7.16. Imposition of Dut~.~. This Agreement does not relieve any Party of any obliga- tion or responsibility imposed upon it by law. 7.17. Entire Agreement. This Agreement, including the attached exhibits, constitutes the en- tire 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 writ- ten, are hereby superseded and merged in this Agreement. 7.18. Amendments. No change or addition shall be made to this Agreement except by a writ- ten 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 ex- pressed in the final plats or development plans governing the Property and Marana Mercantile Rezoning as amended and superseded 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. 7.19. Names and Plans. Subject to customary reservations by the architects and other design professionals of copyrights to plans and specifications, the Owner/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 in- stance of the Owner/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 {00014953.DOC / 5} 9/8/2009 7:30 AM MAR.ANA MERCANTILE DEVELOPMENT AGREEMENT -13- Regular Council Meeting -September 15, 2009 -Page 166 of 2~XHIBIT A Agreement such rights pertaining to the portions of the infrastructure so conveyed shall be as- signed to the extent that such rights are assignable, to the appropriate governmental authority. 7.20. Good Standing; Authority. The Owner/Developer represents and warrants to the Town that it is duly formed and validly existing under the laws of the state of Arizona and is authorized to do business in the state of Arizona. The Town represents and warrants to the Owner/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. 7.21. Severability. If any provision of this Agreement is declared illegal, invalid or unen- forceable, in whole or in part, under present or future laws, it shall be severed from the remainder of this Agreement, which shall otherwise remain in full force and effect. In lieu of the illegal, invalid or unenforceable provision, there shall be added automatically as part of this Agreement a provision as similar in terms to the illegal, invalid, or unenforceable provisions as may be pos- sible and still be legal, valid, and enforceable, and this Agreement shall be deemed reformed ac- cordingly. Without limiting the generality of the foregoing, if all or any portion of the payments required by the terms of this Agreement are determined, by a court of competent jurisdiction in a final non-appealable judgment, to be contrary to public policy or otherwise precluded, the parties shall utilize their reasonable, best efforts to promptly restructure and/or amend this Agreement, or to enter into a new agreement to afford the Owner/Developer the economic benefits of this Agreement in light of the benefits to the Town. 7.22. Governing Law. This Agreement is entered into in Arizona and shall be construed and interpreted under the laws of Arizona, and the Parties agree that any litigation or arbitration shall take place in Pima County, Arizona. Nothing in the use of the word "litigation" in the preceding sentence shall constitute a waiver of paragraph 6.4 above, requiring disputes to be resolved by binding arbitration. 7.23. Interpretation. This Agreement has been negotiated by the Town and the Owner/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. 7.24. 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 Owner/Developer. 7.25. No Owner/Developer Representations. Nothing contained in this Agreement shall be deemed to obligate the Town or the Owner/Developer to commence or complete any part or all of the development of the Property. 7.26. 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. 7.27. Force Majeure. If any Party shall be unable to observe or perform any covenant or con- dition of this Agreement by reason of "force majeure," then the failure to observe or perform such covenant or condition shall not constitute an event of non-performance under this Agree- ment so long as such Party shall use its commercially reasonable efforts to remedy with all rea- {00014953.DOC / 5 } 9/8/2009 7:30 AM MAR.ANA MERCANTILE DEVELOPMENT AGREEMENT -14- Regular Council Meeting -September 15, 2009 -Page 167 of 2~XHIBIT A sonable dispatch the event or condition causing such inability and such event or condition can be cured within a reasonable amount of time. "Force majeure" as used in this paragraph means any condition or event not reasonably within the control of such Party, including without limitation, "acts of God," strikes, lock-outs, or other disturbances of employer/employee relations; acts of public enemies; orders or restraints of any kind of government of the United States or any state or subdivision thereof or any of their departments, agencies, or officials, or of any civil or mili- tary authority; insurrection; civil .disturbances; riots; epidemics; landslides; lightning; earth- quakes; 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 such Party, unfavorable to a Party shall not constitute failure to use its best efforts to remedy such a condition. 7.28. Conflict of Interest. This Agreement is subject to A.R.5. § 38-511, which provides for cancellation of contracts in certain instances involving conflicts of interest. 7.29. Notices and Filinl;s. 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, sent via overnight national courier, or sent by registered or certified United States mail, postage prepaid, if to (or to such other ad- dresses as any Party may from time to time designate in writing and deliver in a like manner): To the Town: Town Manager Town of Marana Marana Municipal Complex 11555 West Civic Center Drive, A3 Marana, Arizona 85653 To Owner/Developer: DTD-Devco 10, L.L.C. C/O DESERT TROON COMPANIES. 17207 N. Perimeter Drive, Suite 200 Scottsdale, Arizona 85255 Attn: Legal Department with a copy to: CxESrER & SHEIN, P.C. 8777 North Gainey Center Drive, Suite 191 Scottsdale, Arizona 85258 Attn: David Shein, Esq. [Remainder of page intentionally left blank.] {00014953.DOC / 5 } MARANA MERCANTILE DEVELOPMENT AGREEMENT -15- 9/8/2009 7:30 AM Regular Council Meeting -September 15, 2009 -Page 168 of 2~XHIBIT A IN WITNESS wHF,REOF, the Parties have executed this Agreement as of the last date set forth below their respective signatures. TowN: THE TOWN OF MARANA, an Arizona municipal corporation By: Ed Honea, Mayor ~WNER/DEVELOPER: DTD-DEVCO 10, L.L.C., an Arizona limited liability company By: DTR1, L.L.C., an Arizona limited liability company, Manager By: Gary S. Elbogen, Authorized Agent Date: ATTEST: Jocelyn C. Bronson, Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney STATE OF ARIZONA) ss County of Maricopa ) Date: The foregoing instrument was acknowledged before me on by Gary S. Elbogen, the Author- ized Agent of DTRI, L.L.C., an Arizona limited liability company, Manager of DTD-DEVCO 10, L.L.C., an Arizona limited liability company, on behalf of the company. My commission expires: Notary Public {00014953.DOC / 5} 9/8/2009 7:30 AM MARANA MERCANTILE DEVELOPMENT AGREEMENT -16- Regular Council Meeting -September 15, 2009 -Page 169 of 2~XHIBIT A LIST OF EXHIBITS A. Legal description of the Property B. Conceptual description of the master site plan for the Development {00014953.DOC / 5} MARANA MERCANTILE DEVELOPMENT AGREEMENT EXHIBIT LIST 9/8/2009 7:30 AM Regular Council Meeting -September 15, 2009 -Page 170 of 224 _ 17 _ EXHIBIT A Legal description of the Property {00014953.DOC / 5} 9/8/2009 7:30 AM MAR.ANA MERCANTILE DEVELOPMENT AGREEMENT Regular Council Meeting -September 15, 2009 -Page 171 of 22`~XHIBIT !~ EXHIBIT B Conceptual description of the master site plan for the Development {00014953.DOC / 5} 9/8/2009 7:30 AM MARANA MERCANTILE DEVELOPMENT AGREEMENT Regular Council Meeting -September 15, 2009 -Page 172 of 224EXHIBIT B L~1GAL D~SCRlPTIONS: PARCEL ONE That portion of the Eost half of the Northeast quarter Section 21 Township 11 South Range 11 East, Gila and Salt River Base and Meridian, Pima County, Arizona, described as follows, to wit: Commencing at a point on the east line of said Section, distant 1744 feet southerly from the corner common to Sections 15, 16, 21 and 22, in said Township and Range; Thence North 49' 36 'West 403.00 feet to a point; Thence West 93 feet to a point; Thence South 668 feet to a point; Thence East 400 feet to the east line of said Section 21; Thence Northerly along the east line of said Section 21, a distance of 407 feet to the place of beginning. EXCEPTING THEREFROM that portion lying within boundaries of the Interstate 10 (also known as the Tucson-Casa Grande Highway, also known as the Tucson-Picacho Highway), as it now exists, shown on those certain A.D.O. T. plans dated September 6, 1960, Project No. I-10-4 (26) 231 and in Pima County, Project F.1.94 according to the map thereof filed for record in the office of the County Recorder of Pima County, Arizona on June 6, 1950, Instrument #17973. PARCEL TWO That portion of the Northeast quarter of Section 21 Township 11 South Range 11 East, Gila and Salt River Base and Meridian, Pima County, Arizona described as follows: All of the Eost 847 feet of the East half of the Northeast quarter df Section 21 lying South of the Southwest right of way line Interstate 10 (olso known as Tucson-Casa Grande Highway, also known as the Tucson-Picacho Highway), as it now exists, shown on those certain A.D.O. T. plans dated September 6, 1960, Project I-10-4 (26) 231 and in Pima County, Project F.I. 94 according to the map thereof filed for record in the office of the County Recorder in Pima County, Arizona on June 6, 1950, Instrument #17973. EXCEPTING THEREFROM that portion lying within Trico Marano Road as estabilished as Road No. 144 on December 6, 1926, by the Pima County Board of Supervisors. FURTHER EXCEPTING THEREFROM that parcel conveyed to Western Cotton Oil Co. By Deed dated November 10, 1950 and recorded November 16, 1950 in Docket 300 at page 540; FURTHER EXCEPTING THEREFROM that portion conveyed to the State of Arizona by and through its Department of Transportation by Warranty Deed dated December 8, 1992 recorded May11, 1993 in Docket 9539 at page 369. PARCEL THREE The West 533 feet of the East 1380 feet of that portion of the Northeast quarter of Section 21 Township 11 South Range 11 East, Gila and Salt River Base and Meridian, Pima County, Arizona, lying South of the southwesterly right of way line on Interstate 10 (also known as the Tucson-Casa Grande Highway, also known as the Tucson-Picacho Highway) as it now exists, shown in those certain A. D.O. T. plans dated September 6, 1960, Project No.1-10-4 (26) 231 and in Pima County, Project F.I. 94 according to the map thereof filed for record in the office of the County Recorder of Pima County, Arizona on June 6, 1950, Instrument #17973 EXCEPTING THEREFROM that portion lying within Trico Marano Road as established as Road No. 144 on December 6, 1926 by the Pima County Board Supervisors. PARCEL FOUR That part of the West 300 feet of the East 1680 feet of the Northeast quarter of Section 21 Township 11 South Range 11 East, Gila and Salt River Base and Meridian, Pima County, Arizona lying South and West of the southwesterly right of way line of Interstate 10 (also known as the Tucson-Casa Grande Highway, also known as the Tucson-Picacho Highway) as it now exists, shown on those certain A. D.O. T. plans dated September 6,1960, Project No. I-10-4 (26) 231 and in Pima County Project F.I. 94 according to the map thereof filed for record in the office of the County Recorder in Pima County, Arizona on June 6, 1950, Instrument X17973 EXCEPTING THEREFROM that portion lying within Trico Marano as established as Road No. 144 on December 6, 1926 by the Pima County Board of Supervisors. Regular Council Meeting -September 15, 2009 -Page 173 of 224 Marano Mercantile Rezone Light Industrial SF Retenton Basin "A' Volume = 92,411 C.F. Area = 20.265 SQ FT F Uptown at Marana Specific Plan Shops A 8,000 SF Retention Basin "B" Volume = 17,812 C.F. Area = 6,412 SQ FT Retention Basin "C" Volume = 25,086 C.F. -~' Area = 9,944 SQ FT ~ ~ (~' , ~, VacanUAgricultural - ~~ c Retention Basin "O" _'E~ ~~ Volume = 8,195 C.F. ~"`~~'`~ Area = 3,450 54 FT '"~= ` ' Pad A 4,237 SF x t~ ?; __ Retention Basin °E' uaun,e = 50.586 c.F. Area = 16,123 SQ FT Tentative Development Plan ., F F Villages of Tortoltta i V'illages of j Specific Plan t Tartolita Specific Plan Vacant ~,~. 'o ~ ,. ~~,,~,e ~S Anchor Retail 1$6,960 gross SF 2,600 SF Retention Basin'H' Volume = 4,371 C.F. Area = 3,~1 SQ FT A Small Lot Zone VacanUAgricuttural Legend _:: j Project Boundary ,eis 1' Elevation Contours 25' Water Easement 60' Gas Easement ®10' Ekectric Easement ~ Landscape Buffer 30' Building Setback ------ Watershed Boundary Drainage Flow Arrow ~:o,~aaascrs' Flow ---Sewer line _ _. ._.._m _. Naies • Project Site Area: 39.09 Acres • Existing Zoning: R-144 (Residential Zone) and HI (Heavy Industrial) • Proposed Zoning: VC (Village Commercial) • Proposed Use: Commerc"gal Retail • Proposed Building Square Footage: 283,351 SF • Parking Required: 1425 Spaces • Parking Provided: 1495 Spaces Regular Council Meeting -September 15, 2009 -Page 174 of 224 VC Village Commerc ~°'~i. ! Vacant ~a `. , ~ `:~. Vacant Retention Basin 'G' Volume = 106,759 C.F. . Area = 32,877 SQ FT~"`~., `` ~~ ,. , `, Rid D ~. ~.,1~7,frgo SF `, Retention Basin "F" Volume = 28,902 C.F. \ Area = 14,427 SQ FT '~ • AU landscaping will tie drought tolerant in accordance with the Town of Marana Land Development Code requirements. • Maximum proposed building height: 50 Feet nny~;ra t7 2(X7 ~ i ~ ~~ fNE NAD.~: Oi'D~CI~£%i+SUiS C+V.+a 8.5%; I '.~' EXHIBIT B Land Use Proposal 38 Elliott D. Pollack & Company MEMORANDUM To: Mr. Frank Cassidy Town Attorney Town of Marana From: Richard C. Merritt Date: August 27, 2009 Re: Certification of Sales Tax Revenue to Town of Marana Related to the Development Agreement between the Town of Marana and DTD-DEVCO 12, L.L.C. (Marana Mercantile) The Town of Marana plans to enter into a Development Agreement with DTD-DEVCO 12, L.L.C. for a retail development project known as Marana Mercantile. The project is a proposed 39 acre regional retail shopping center. The preliminary plan for the property will accommodate over 300,000 square feet of commercial space. The Development Agreement between the Town of Marana and DTD-DEVCO 12, L.L.C. calls for the Town to reimburse and pay to DTD-DEVCO 12, L.L.C. transaction privilege taxes generated by the commercial development, including construction sales taxes, equal to the construction costs, contributions, and related interest and carrying costs for the Required Roadway Improvements at a current interest rate of 5.5% (this rate could decrease if the project is delayed past specific dates specified in the development agreement). The Town will reimburse DTD-DEVCO 12, L.L.C. 45% of the Town's sales taxes imposed on retail sales within the planned project and 75% of the Town's construction sales tax incurred from construction of the project up to the total reimbursement amount. The total reimbursable amount is defined above as the sum of public infrastructure costs, and the related interest of the cost of constructing these improvements. The duration of the agreement is the lesser of 20 years from the effective date of the agreement, when the Required Roadway Improvements are completed by someone other than the Owner/Developer, or until the total reimbursable amount is reached. The Required Roadway Improvements are estimated to cost nearly $5.4 million in current dollars. Depending on the length of time that is required to reimburse this cost through sales tax revenue, the total reimbursable amount could be much higher due to accrued interest. Regular Council Meeting -September 15, 2009 -Page 175 of 224 Information provided by the Owner/Developer estimate sales performance per square foot ranging from $150 in smaller shops and pads to $275 in the large anchor tenant. The average sales rate across the entire planned center would be approximately $241 per square foot. Surveys conducted by the Urban Land Institute (ULI) demonstrate that similar community centers generate a range of retail sales between $209 and $472 per square foot, with a median sales performance of $311. This data is based on median sales rates within the Western Region of the U.S. Individual centers may produce sales higher or lower than the median depending upon the type of tenants in the shopping center and the demographic characteristics of the population living within the surrounding trade area. However, it appears that the sales assumptions are reasonable. In order to evaluate the impact of accrued interest on the total reimbursement that would be due to the developer from the Town, a "worst-case scenario" was tested. The scenario assumed that only 100,000 square feet of space is built (in accordance with the Initial Minimum Improvements definition in the Development Agreement) and retail sales occur at the forecasted average sales rate of $241 per square foot per annum. In addition, it was assumed that the entire Required Roadway Improvements were constructed at a cost of $5,396,000. Even in this. most extreme case, sales taxes generated from the shopping center's sales and construction activity should be sufficient to repay the reimbursement amount within eight years from the opening of the center. Findin;; According to the proposed Development Agreement, 75% of construction sales taxes and 45% of the ongoing sales tax receipts will be reimbursed to DTD-DEVCO 12, L.L.C. for roadway improvements up to the total reimbursement amount of $5.4 million plus interest. Assuming that the project develops and begins operating within the next 5 to 10 years and based on achievable sales performances and the development of the Initial Minimum Improvements, the reimbursement to DTD-DEVCO 12, L.L.C. will not exceed the project's total revenues within the specified Development Agreement timeframe. Certification Pursuant to Arizona Revised Statutes 9-500.11, Elliott D. Pollack & Company certifies that the proposed project is anticipated to raise more revenue than the amount of the incentive within the duration of the Development Agreement. ~.e mm~;aF Richard C. Merritt President Regular Council Meeting -September 15, 2009 -Page 176 of 224 MARANA MERCANTILE DEVELOPMENT AGREEMENT TOWN OF MARANA~ ARIZONA This Development Agreement (this "Agreement") is entered into by and between the Town of MARANA, an Arizona municipal corporation (the "Town") and DTD-DEVCO ~?~ L.L.C., an Arizona limited liability company (the "Owner/Developer"). The Town and the Owner/Developer are collectively referred to in this Agreement as the "Parties," and each is sometimes individually referred to as a "Party." RECITALS A. Owner/Developer was formed and exists for the purposes of owning and developing approximately 39.09 acres of real property located within the corporate limits of the Town (the "Property"). B. Owner/Developer intends and desires to develop a regional retail shopping center on the Property containing approximately 280,000 square feet (the "Development"). C. The Property and the proposed Development are included in and subject to the provisions of the Marana Mercantile Rezoning (the "Marana Mercantile Rezoning"), approved by the Town concurrently with the date of this Agreement pursuant to Ordinance No. 2009._ D. The Property is legally described in Exhibit A attached to this Agreement. E. The Town and Owner/Developer desire to establish certain agreements regarding the Development pursuant to A.R.S. § 9-500.05 and certain agreements in connection with development activities for the economic benefit of the Town pursuant to A.R.S. § 9-500.11 upon and in accordance with the terms and conditions set forth in this Agreement. F. The Development is consistent with the Town's long-term economic development strategies and is expected to create a source of significant tax revenue for the Town for many years. G. The Development will have a substantial positive economic impact on the Town because it is expected to provide commercial and retail service opportunities consistent with the businesses targeted by the Town. The facilities to be constructed as part of the Development are expected to produce a significant number of new jobs and generate substantial sales tax revenues. Consequently, the short-term and long-term benefits of the Development will offset and significantly outweigh the costs of the reimbursements provided by the Town under this Agreement. H. The Development is in compliance with the Town's adopted and approved General Plan (as defined in A.R.S. § 9-461). I. The Town is authorized by A.R.S. § 9-500.05 to enter into a development agreement with a landowner or other person or entity having an interest in real property located within the Town {00014953.DOC /4~} X9/-1-48/2009'?:^~.D*~7:30 AM MARANA MERCANTILE DEVELOPMENT AGREEMENT Regular Council Meeting -September 15, 2009 -Page 177 of 224 1 to facilitate development of the property by providing for, among other things, the conditions, terms, restrictions, and requirements for development and public infrastructure and the financing of public infrastructure. J. In approving this Agreement, the Town Council has found and determined that certain activities relating to the Development are economic development activities within the meaning of A.R.S. § 9-500.11, that all expenditures by the Town pursuant to this Agreement constitute the appropriation and expenditure of public monies for and in connection with economic development activities and that it is appropriate to provide Owner/Developer with the reimbursement in this Agreement as an inducement to cause Owner/Developer to construct, own and operate the Development in the Town. K. The Town adopted a notice of intent to enter into this Agreement not less than 14 days before the Town Council approved this Agreement, in compliance with A.R.S. § 9-500.11. L. The Town Council finds that the Development will raise more revenue for the Town than the amount of the reimbursements to the Owner/Developer within the duration of this Agreement. M. An independent third party not financed by the Owner/Developer has verified the Town Council's finding that the Development will raise more revenue for the Town than the amount of the reimbursements to the Owner/Developer within the duration of this Agreement. N. The Town Council finds that in the absence of the reimbursements to the Owner/Developer provided pursuant to this Agreement, the Development would not locate in the Town in the same time, place or manner as it will with the reimbursements to the Owner/Developer. O. The Owner/Developer will incur out-of-pocket public infrastructure construction costs and will make certain contributions for public infrastructure in the immediate vicinity of and directly benefiting the Development. P. The Property is located in an area where the Town has determined that the existing public transportation infrastructure is inadequate, and where the Required Roadway Improvements, as defined in this Agreement, need to be constructed before the Development occurs, but to a large extent would be needed even if the Development does not occur. Q. Because the Required Roadway Improvements would to a large extent be needed whether or not the Development occurs, the Town has determined that full reimbursement of any costs incurred by the Owner/Developer for the construction of the Required Roadway Improvements is both appropriate and necessary. R. The reimbursements to the Owner/Developer provided pursuant to this Agreement are intended to reimburse the Owner/Developer for its out-of-pocket construction costs and contributions and related interest and carrying costs for the Required Roadway Improvements, as described more specifically in this Agreement. AGREE.YfENT Now, rxEREFORE, in consideration of the mutual promises made in this Agreement, the Parties agree as follows: {00014953.DOC /4~} ?9/k48/2009_:^--w-.-z.D*"7:30 AM MARANA MERCANTILE DEVELOPMENT AGREEMENT Regular Council Meeting -September 15, 2009 -Page 178 of 224 2 Article 1. Background 1.1. Incorporation of the Recitals. The foregoing Recitals are incorporated here by this reference. 1.2. Proposed Uses. The Development is a retail center planned to accommodate a range of differing but complementary retail-related land uses on an integrated and master-planned basis. Overall, the Development will create substantial additional sales tax revenues for the Town, will assist in the creation or retention of jobs and will otherwise improve or enhance the economic welfare of the residents of the Town by bringing customers to the Development from the Town and surrounding communities. Exhibit B attached to this Agreement is a conceptual d~el~de fiction of the master site plan for the Development. This master site plan will be updated in accordance with paragraph 2.3.2 below. 1.3. Definitions. The following definitions shall apply to this Agreement: 1.3.1. "Construction Sales Tax Revenues" mean those portions of the Town's transaction privilege taxes (currently 4%) generated pursuant to Section 8-415 or 8-416 of the Marana Tax Code from construction contracting or speculative builder activities occurring on the Property. 1.3.2. The "Development" is defined in recital B above and described in Exhibit B and in paragraph 1.2 above. 1.3.3. "Development Regulations" is defined in paragraph 2.1 below. 1.3.4. "Initial Development Plan" is defined in paragraph 2.3.1 below. 1.3.5. "Initial Minimum Improvements" is defined in paragraph 2.3.1 below. 1.3.6. "Interest" or "Interest Rate" means interest on the applicable obligation or sum (including the Total Reimbursement Amount) at the following rate per annum, compounded quarterly on the first day of each calendar quarter: 1.3.6.1. Five and a half percent (5.5%) if the Owner/Developer issues a notice to proceed for the construction of the Required Roadway Improvements on or before December 31, 2012. 1.3.6.2. Five percent (5.0%) if the Owner/Developer issues a notice to proceed for the construction of the Required Roadway Improvements after December 31, 2012 but on or before December 31, 2013. 1.3.6.3. Four and a half percent (4.5%) if the Owner/Developer issues a notice to proceed for the construction of the Required Roadway Improvements after December 31, 2013 but on or before December 31, 2014. 1.3.6.4. Four percent (4.0%) if the Owner/Developer issues a notice to proceed for the construction of the Required Roadway Improvements after December 31, 2014. If at any time the construction halts for six consecutive months for any reason other than "force majeure" (paragraph 7.27 below), the Interest Rate shall be decreased one-half percent (0.5%) for each six-month period the delay continues; provided, however, that the Interest Rate shall not be reduced below four percent (4.0%). {00014953.DOC / 4~} ~9/k43/2009 ^_:"--~-~-~°T"7:30 AM MARANA MERCANTILE DEVELOPMENT AGREEMENT Regular Council Meeting -September 15, 2009 -Page 179 of 224 3 1.3.7. The "Marana Mercantile Rezoning" is the rezoning for the Property, approved by the Town concurrently with the date of this Agreement pursuant to Ordinance No. 2009. (see recital C above), including all conditions and stipulations of rezoning and design guidelines associated with it. 1.3.8. The "Owner/Developer" is defined in the introductory paragraph of this Agreement and in paragraph 2.6 below. 1.3.9. The "Property" is defined in recital A above and described in Exhibit A attached to this Agreement. 1.3.10. "Reimbursement Account" means a separate account within the Town's General Fund or accounted for by an appropriate book or ledger entry designation for the purpose of making Reimbursement Payments (see paragraph 4-24.4 below) 1.3.11. "Reimbursement Payments" is defined in paragraph 44.6 below. 1.3.12. "Required Roadway Improvements" means the design and construction of all of the following (subject to modification pursuant to Paragraphs 2.5 and 3.4 of this Agreement): 1.3.12.1. Marana Road as a two-lane curbed roadway (with turn lanes and signalization as required by aTown-approved traffic impact analysis) from (but not including) the Marana Road/Interstate 10 interchange to the western boundary of the Property. 1.3.12.2. Sandario Road as a two-lane uncurbed roadway (as approved by the Town Engineer) from Marana Road to existing Sandario Road. 1.3.12.3. Marana Main Street as a three-lane (one lane in each direction with a turn lane in the middle) curbed roadway (as approved by the Town Engineer) to connect Marana Road to existing Sandario Road, currently estimated to be a distance of .42 miles but which shall in any event be no more than .46 miles, measured along its centerline. 1.3.12.4. Signalization of the Interstate-10 off-ramps at Marana Road, if required by the Town-approved traffic impact analysis. 1.3.12.5. Any additional improvements to the foregoing roadways, to the extent agreed upon. in writing by the Owner/Developer and the Town. 1.3.13. "Required Roadway Improvement Costs" means all costs, expenses, fees and charges actually incurred and paid by or on behalf of Owner/Developer to contractors, architects, engineers, surveyors, governmental agencies, other professionals and consultants, and other third parties for materials, labor, planning, design, engineering, surveying, site excavation and preparation, governmental permits and payments, payment and performance bonds, other professional services, and all other costs and expenses related or incidental to and reasonably necessary for, the acquisition, improvement, construction, installation, or provision of the Required Roadway Improvements, together with all costs associated with the acquisition of lands, rights-of--way and easements either to be dedicated to the Town or upon which Required Roadway Improvements are to be constructed; provided, however, that Required Roadway Improvement Costs shall not include the value of right-of--way dedicated by Owner/Developer from the Property or any finance or interest costs incurred by Owner/Developer in connection with the design and construction of the Required Roadway {000149~3.DOC / 4~} ~9/~-48/2009 ?:n~D*~7:30 AM MARANA MERCANTILE DEVELOPMENT AGREEMENT Regular Council Meeting -September 15, 2009 -Page 180 of 224 4 Improvements._ The term "Required Roadway Improvement Costs" shall also include one- fourth of the costs expenses fees and charges actually incurred and paid by or on behalf of Owner/Developer to contractors. architects. engineers. surveyors. governmental agencies. other r~rofessionals and consultants. and other third parties for materials. labor. planning. desi n en ink . surve~.~, site excavation and preparation. governmental pei711its and x~avments. payment and performance bonds. other professional services. and all other costs and expenses related or incidental to and reasonably necessary for the acquisition. i>znprovement. construction. installation. or provision of the Shoofly. 1.3.14. "Sales Tax Revenues" means that portion of the Town''-'s transaction privilege taxes (currently 2%) generated from the following activities occurring on the Property: 1.3.14.1. Amusements, exhibitions and similar activities pursuant to Section 8-410 of the Marana Tax Code. 1.3.14.2. Hotels pursuant to Section 8-444 of the Marana Tax Code. 1.3.14.3. Rentals pursuant to Section 8-445 of the Marana Tax Code. 1.3.14.4. Restaurants and bars pursuant to Section 8-455 of the Marana Tax Code. 1.3.14.5. Retail sales pursuant to Section 8-460 of the Marana Tax Code. References to sections of the existing Marana Tax Code shall include corresponding sections of successor codes. 1.3.15. The "Shoofly" is aa-tg shoofly detour road (two-lane curbed roadway as approved by the Town Engineer) connecting the Interstate-10 Frontage Road and Marana Road and intersecting Marana Road directly across from Marana Main Street, open to and accessible by the traveling public for so long as the Town Engineer reasonably determines it is required for the safe operation of the Marana Road/Interstate-lOtraffk interchange. 1.3.16. The "Total Reimbursement Amount" is defined in paragraph 41.4.1 below, and shall not exceed the Required Roadway Improvement Costs, plus Interest. Article 2. Development of the Property. 2.1. Development Regulations. The development of the Property shall be governed by the underlying zoning or land use designation and the standards provided for in the Marana Mercantile Rezoning, including the Owner/Developer's design and development standards and guidelines, as clarified and supplemented by this Agreement. The Marana Development Code, including the written rules, regulations, substantive procedures, and policies relating to development of land, adopted or approved by the Mayor and Council (collectively the "Marana Development Code") in effect on the effective date of the Marana Mercantile Rezoning shall apply to the extent not covered by the Marana Mercantile Rezoning or this Agreement. In the event of any express conflict, the terms of this Agreement and the Marana Mercantile Rezoning shall control over the Marana Development Code. For purposes of this Agreement, the underlying zoning or land use designation shall mean full development, exclusive of voluntary limitations or restrictions, under the controlling underlying zoning or land use designation included in the Marana Mercantile Rezoning, and if not so covered, under the Marana Development Code. Anything else in this Agreement to the contrary notwithstanding, the Town shall not apply any ordinances enacted after the Effective Date of this Agreement which impose {00014953.DOC / 4~} ?9/8/2009 X7:30 AM MARANA MERCANTILE DEVELOPMENT AGREEMENT Regular Council Meeting -September 15, 2009 -Page 181 of 224 5 special limitations or restrictions on the development of single user retail facilities in excess of a certain size limitation (such as 100,000 square feet or more of retail space) for retail facilities on the Property. The immediately preceding sentence shall terminate on the tenth anniversary of the Effective Date of this Agreement. The requirements of this paragraph are collectively referred to as the "Development Regulations." 2.2. Development Review. The Property shall be developed in a manner consistent with the Development Regulations and this Agreement, which together establish the basic land uses, and the densities, intensities and development regulations that apply to the land uses authorized for the Property. Upon the Owner/Developer's compliance with the applicable development review and approval procedures and substantive requirements of the Development Regulations, the Town agrees to issue such permits or approvals for the Development as may be requested by the Owner/Developer. 2.3. Initial Development Plan. As a condition precedent to the Owner/Developer's right to receive and the Town's obligation to make Reimbursement Payments under Article 4 of this Agreement, and not as a separate obligation, the Owner/Developer shall prepare and submit to the Town the following: 2.3.1. A development plan (the "Initial Development Plan") for the initial construction of the Development, consisting of at least 100,000 square feet of retail building space and related parking, supporting infrastructure and amenities (the "Initial Minimum Improvements"). 2.3.2. An updated revised conceptual master site plan for the entire Development. 2.4. Minimum Construction Obligation. As a condition precedent to the Owner/Developer's right to receive and the Town's obligation to make Reimbursement Payments under Article 4 of this Agreement, and not as a separate contractual obligation, the Owner/Developer shall obtain building permits for and begin construction of the Initial Minimum Improvements in a manner consistent with the Initial Development Plan. 2.5. Marana Main Street Right-of--Way Acquisition. The Town agrees to timely begin and diligently pursue the acquisition of all right-of--way (the "Marana Main ROW") needed for the construction of the Marana Main Street improvements (the "Marana Main Improvements") from Marana Road to Sandario Road (see subparagraph 1.3.12.3 above). If the Town fails to acquire the Marana Main ROW by the time the Owner/Developer begins actual physical construction of the Initial Minimum Improvements, the Marana Main Improvements shall be permanently deleted from the definition of Required Roadway Improvements, and shall not be required to be constructed by the wn r/Developer; provided, however, that the Owner/Developer shall, at least 180 days prior to actual physical construction of the Initial Minimum Improvements, give the Town written notice of the date Owner/Developer plans to begin actual physical construction of the Initial Minimum Improvements. 2.6. Effect of Sale of a Portion of the Proaerty. The Owner/Developer anticipates that it will sell a portion of the Property to a third party soon after this Agreement is executed, and in any event before the obligations of the Owner/Developer under this Agreement are satisfied. Upon that event: {00014953.DOC /-~~} X9/}48/2009 _'-:AF-~P.47:30 AM MARANA MERCANTILE DEVELOPMENT AGREEMENT Regular Council Meeting -September 15, 2009 -Page 182 of 224 6 2.6.1. For purposes of the performance of the Owner/Developer's obligations relating to the Required Roadway Improvements and the Shoofly, the term "Owner/Developer" shall jointly and severally include each and every owner of any portion of the Property. 2.6.2. For purposes of entitlement to receive Reimbursement Payments under Article 4 of this Agreement, the "Owner/Developer" shall mean that owner of any portion of the Property who incurs all or a portion of the Required Roadway Improvement Costs. Article 3. Construction of the Required Roadway Improvements and the Shoofly 3.1. Timing of Construction of Required Roadway Improvements and the Shoofly. Construction of the Required Roadway Improvements and the Shoofly must be substantially complete before the Town issues a certificate of occupancy for any structure on the Property. The Town's right to withhold certificates of occupancy is a contract right granted by this Agreement, and is granted notwithstanding any right of the Owner/Developer or its successors in interest to receive certificates of occupancy pursuant to the Marana building codes. 3.2. Owner/Developer's Public Roadway Improvement Obligations. The Town shall not require the Owner/Developer to construct, provide funding for, or contribute land at no cost for any public roadway improvements other than the Required Roadway Improvements and the Shoofly. 3.3. Required Roadway Improvements Construction and Reimbursement. In satisfaction of the Owner/Developer's public roadway improvement obligations under the Marana Mercantile Rezoning and as a condition precedent to receiving Reimbursement Payments under Article 4 of this Agreement, the Owner/Developer shall, in conjunction with its construction of the Development and in accordance with the State of Arizona and the Town public infrastructure construction procurement laws and procedures: 3.3.1. Design and construct the Required Roadway Improvements and the Shoofly; and 3.3.2. Pay all Required Roadway Improvement Costs as they become due. 3.4. Effect of Prior Construction. The OwnerlDeveloper shall not be required to construct the Required Roadway Improvements and the Shoofly if they are under construction by the Town or some other entity before the Owner/Developer obtains building permits for construction of the Initial Minimum Improvements. However, since the purpose of this Agreement is to facilitate repayment of the Owner/Developer for costs associated with Owner/Developer's construction of the Required Roadway Improvements, this Agreement shall terminate if and when all of the Required Roadway Improvements and the Shoofly are completed by anyone other than the Owner/Developer (see paragraph 7.1 below). If some, but not all, of the Required Roadway Improvements and the Shoofly are under construction by the Town or some entity other than the Owner/Developer, the remainder of the Required Roadway Improvements and the Shoofly, as they may be modified pursuant to the next sentence, shall be constructed by the Owner/Developer. In that event, the Town shall be authorized to expand or realign the Required Roadway Improvements and/or the Shoofly to the extent reasonably necessary to accommodate additional capacity and alignment considerations resulting from then-existing development. 3yS Town Review and Approval of Plans. Except as expressly provided in this Agreement, the development and construction of the Required Roadway Improvements is subject to the { 00014953.DOC / 4~ } ~9/~48/2009 ': ^~-.z.°T X7:30 AM MARANA MERCANTILE DEVELOPMENT AGREEMENT Regular Council Meeting -September 15, 2009 -Page 183 of 224 7 Town's normal plan submittal, review and approval procedures and construction inspection requirements. Article 4. Town Reimbursement to Owner/Developer 4.1.4.'.-~~Total Reimbursemer:_t_ ~i~c~~irt_._ Tl~~__To«n ~?~all____m<l:e_Reimbur~eil~ent_ P__` m~has to tl_e C~«_nei D~~_elo~_tc~r the Owner/Developer's Required Roadway Improvement Costs plus Interest (collectively, the "Total Reimbursement Amount"). 4.2. Accn~al of Interest. From and after the Town's first reimbursement ~vment to the Owner/Develo er pursuant to parag=ranh 4.6 below. Interest shall accrue on anv unreimbursed portion of the Total Reimbursement Amount at the Interest Rate. This accnied Interest on the Total Reimbursement Amount shall be a portion of the Reimbursement Pavments in nai-a~rabh 4.6 below. 4.3.._4-_-~•~«tl~ee~er~e~en~ree~t~etierr-e€- ^.•*:^„ ^~+I,° u° „~.,,,-`.~,-,. ,,° r'~:+;=~t~,-i-n~;~;~-~-4-~elewOwner/Developer's uarterly_ tatement of Costs. The OwnerlDeveloper shall submit to the Town a quarterly statement showing the actual construction costs incurred and contributions paid to date for the Required Roadway Improvements. The Owner/Developer shall provide the Town with invoices or other backup information reasonably requested by the Town to confirm the accuracy of the Owner/Developer's quarterly statement of costs and contributions. 4.4. 4~Reimbursement Account. The Town shall deposit into the Reimbursement Account 45% of the Sales Tax Revenues (see paragraph 1.3.14 above) and 75% of the Construction Sales Tax Revenues (see paragraph 1.3.1 above) as they are received from the Arizona Department of Revenue, beginning with the first such revenues generated from the Property and ending upon the earlier of the following: 4.4.1. 4~~The expiration of this Agreement. 4.4.2. 4~-When the Town has fully reimbursed the Owner/Developer for the Required Roadway Improvement Costs. Funds in the Reimbursement Account shall be reimbursed to the Owner/Developer pursuant to paragraph 44.6 below. 4,5.4-Reimbursement from Other Sources If the Town receives any reimbursement (individually or collectively, a "Third Party Reimbursement") for any portion of the Required Roadway Improvement Costs from any third party (by way of example, from any improvement district, capital improvement project, any other benefitted landowner, etc.), then the Town shall immediately deposit such Third Party Reimbursement into the Reimbursement Account for distribution to Owner/Developer in accordance with the provisions of paragraph 4~4~ below. 4.6. 4:4-Reimbursement Payments. The Town shall pay to the Owner/Developer within the first 45 days of each calendar quarter all funds in the Reimbursement Account ("Reimbursement Payments"), beginning the first calendar quarter after the later of (i) Town's issuance of the {00014953.DOC / 4~} T9/~8/2009 _':"~-_°_.^'`7:30 AM MARANA MERCANTILE DEVELOPMENT AGREEMENT Regular Council Meeting -September 15, 2009 -Page 184 of 224 S certificate of occupancy for an com ination f uildin that are constructed as= part of and satis the requirement for the Initial Minimum Improvements as shown on the Initial Development Plan (see paragraph 2.3.1 above) or (ii) the Owner/Developer's satisfaction of all conditions precedent to receiving Reimbursement Payments as set forth in this Agreement. Any funds accrued in the Reimbursement Account but not yet disbursed to the Owner/Developer upon the expiration of this Agreement shall be paid to Owner/Developer within thirty days after the expiration of this Agreement. Reimbursement Payments shall be deemed to be made first on account of accrued and unpaid Interest and then on account of unreimbursed Required Roadway Improvement Costs. 4.7.4-~-Owner/Developer Audit. Not more than once each calendar year, the Owner/Developer may, at its own cost, audit Town sales tax returns and other appropriate financial records of the Town to assure prompt and accurate deposit into the Reimbursement Account of all revenues as required pursuant to this Agreement. 4.8. 4~Annual Report. Within 45 days following the end of each Town fiscal year, the Town shall deliver to the Owner/Developer areport of all Sales Tax Revenues generated by or attributable to the Development which have been utilized by the Town in determining the amount deposited into the Reimbursement Account. 4.9._4-Limitations. During the Term of this Agreement, the Town shall not enter into any agreement or transaction which impairs the rights of Owner/Developer under this Agreement, including, without limitation, the right to receive the Reimbursement Payments and the proceeds of the Reimbursement Account in accordance with the procedures established in this Agreement. 4.10. 4~-Multiple Business Locations and Contractors: Release of Tax Information. Since contractors report their transaction privilege taxes on the basis of revenues for all construction work throughout the Town and since some businesses with multiple locations in the Town report their transaction privilege taxes on the basis of revenues for all their locations in the Town, rather than separately for each location, Owner/Developer shall require each such contractor to separately report transaction privilege taxes for construction activities occurring on the Property and shall require each such business to separately report transaction privilege taxes for transactions at its business located in the Development. The Owner/Developer shall exercise reasonable efforts to obtain from each such contractor and business a consent to release of tax information in a form reasonably acceptable to the Town. If the separate report required by this paragraph is not provided to the Town, the Town shall make a reasonable estimate of the Sales Tax Revenues derived from the Development based on all information available to the Town, including information provided by the Owner/Developer, and the good faith certification by the Town's Finance Director shall be considered final and binding upon the Owner/Developer. The final certification of the Town's Finance Director shall be subject to all applicable laws that may prohibit or limit the dissemination or use of transaction privilege tax and related information. Article 5. Owner/Developer's Payment of Development Impact Fees 5.1. Water Impact Fees. The only Town development impact fees adopted by the Town pursuant to A.R.S. § 9-463.05 and currently applicable to the Development are the Gravity Storage and Renewable Water Resource Fee and the Water System Infrastructure Impact Fee, adopted by Marana Ordinance No. 2005.25. {00014953.DOC /4~} ~9/d-48/2009'_':^-~-,.°*"7:30 AM MARANA MERCANTILE DEVELOPMENT AGREEMENT Regular Council Meeting -September 15, 2009 -Page 185 of 224 9 5.2. Other Impact Fees. Except as specifically provided in the first sentence of paragraph 5.1 above, no surcharge, development fees or impact fees, exactions or impositions of any kind whatsoever for water, sewer, utilities, streets or other transportation systems, parks, preserves, storm sewers, flood control, public safety or other public services or any other infrastructure cost or expense shall be chargeable to the Owner/Developer or to any owner, lessee or occupant of the Development within the first 42 months after the Effective Date of this Agreement. Article 6. Cooperation and Alternative Dispute Resolution. 6.1. A~r,ointment of Representatives. To further the commitment of the Parties to cooperate in the progress of the Development, the Town and the Owner/Developer each shall designate and appoint a representative to act as a liaison between the Town and its various departments and the Owner/Developer. The initial representative for the Town (the "Town Representative") shall be the Planning Director, and the initial representative for the Owner/Developer shall be Gary Elbogen or a replacement to be selected by the Owner/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. 6.2. Non-Performance; Remedies. If either Party does not perform under this Agreement (the "Non-Performing Party") with respect to any of that Party's obligations under this Agreement, the other Party (the "Demanding Party") shall be entitled to give written notice in the manner prescribed in paragraph 7.29 below to the Non-Performing Party, which notice shall state the nature of the non-performance claimed and make demand that such non-performance be corrected. The Non-Performing Party shall then have (i) twenty days from the date of the notice within which to correct the non-performance if it can reasonably be corrected by the payment of money, or (ii) thirty days from the date of the notice to cure the non-performance if action other than the payment of money is reasonably required, or if the non-monetary non-performance cannot reasonably be cured within thirty days, then such longer period as may be reasonably required, provided and so long as the cure is promptly commenced within thirty days and thereafter diligently prosecuted to completion. If any non-performance is not cured within the applicable time period set forth in this paragraph, then the Demanding Party shall be entitled to begin the mediation and arbitration proceedings set forth in this Article. The Parties agree that due to the size, nature and scope of the Development, and due to the fact that it may not be practical or possible to restore the Property to its condition prior to Owner/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 non-performance of a covenant contained in this Agreement. This paragraph shall not limit any contract or other rights, remedies, or causes of action that either Party may have at law or in equity. 6.3. Mediation. If there is a dispute under this Agreement which the Parties cannot resolve between themselves, the Parties agree that there shall be a forty-five day moratorium on arbitration during which time the Parties agree to attempt to settle the dispute by nonbinding mediation before commencement of arbitration. The mediation shall be held under the commercial mediation rules of the American Arbitration Association. The matter in dispute shall be submitted to a mediator mutually selected by Owner/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 Owner/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 {00014953.DOC / 4~} '9/~-13/2009 ':^~-r.°*"7:.0 ;a'~4 MARANA MERCANTILE DEVELOPME;~T AGREEMENT Regular Council Meeting -September 15, 2009 -Page 186 of 224 1() 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 Owner/Developer. The results of the mediation shall be nonbinding on the Parties, and any Party shall be free to initiate arbitration after the moratorium. 6.4. Arbitration. After mediation, as provided for in this Article, any dispute, controversy, claim or cause of action arising out of or relating to this Agreement shall be settled by submission of the matter by both Parties to binding arbitration in accordance with the rules of the American Arbitration Association and the Arizona Uniform Arbitration Act, A.R.S. § 12-501 et seq., and judgment upon the award rendered by the arbitrator(s) may be entered in a court having jurisdiction. Article 7. General Terms and Conditions. 7.1. 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 earliest of the following: (a) when construction of all of the Required Roadway Improvements is completed by an entity other than the Owner/Developer (see paragraph 3.4 above), (b) when the total amount of all Reimbursement Payments (see paragraph 44.6 above) equals the Required Roadway Improvement Costs plus Interest or (c) on December 31 immediately following 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 maybe extended by written agreement of the Parties. 7.2. 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 Owner/Developer of the non-performance 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. 7.3. Attorney's Fees. If any Party brings a lawsuit against any other Party to enforce any of the terms, covenants or conditions of this Agreement, or by reason of any non-performance of this Agreement, the prevailing Party shall be paid all reasonable costs and reasonable attorneys' fees by the other Party, in an amount determined by the court and not by the jury. Nothing in the use of the word "lawsuit" in the preceding sentence shall constitute a waiver of paragraph 6.4 above, requiring disputes to be resolved by binding arbitration. 7.4. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The signature pages from one or more counterparts may be removed from the counterparts and attached to a single instrument so that the signatures of all Parties may be physically attached to a single document. 7.5. Headincs. The descriptive headings of this Agreement are intended to be used to assist in interpreting the meaning and construction of the provisions of this Agreement. 7.6. Recitals. The recitals set forth at the beginning of this Agreement are hereby acknowledged, confirmed to be accurate and incorporated here by reference. {00014953.DOC / 4>} ~9/~48/2009 ?:^--~-.-zD*~7:30 AM MARANA MERCANTILE DEVELOPMENT AGREEMENT Regular Council Meeting -September 15, 2009 -Page 187 of 224 11 7.7. Exhibits. Any exhibit attached to this Agreement shall be deemed to have been incorporated in this Agreement by reference with the same force and effect as if fully set forth in the body of this Agreement. 7.8. 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. 7.9. Time Essence. Time is of the essence of each and every obligation by the Town and Owner/Developer under this Agreement. 7.10. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the Parties pursuant to A.R.S. § 9-500.05 (D). Owner/Developer shall retain the right to receive Reimbursement Payments as provided by paragraph 44_6 of this Agreement regardless of the status of title or ownership of any or all of the Property unless Owner/Developer expressly assigns its rights to receive the Reimbursement Payments. No assignment, however, shall relieve either party of its obligations under this Agreement, except that an assignment by Owner/Developer in connection with the transfer of title to the Property shall relieve Owner/Developer of its obligations under this Agreement if the transferee agrees to be fully bound by the provisions of this Agreement. Any assignment by Owner/Developer shall be subject to the approval of the Town, which shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Owner/Developer may, without the Town's consent, «-1~olly ar l~artially_assign this Agreement to~~a any Affiliate of Owner/Developer, or any entity in which Owner/Developer or an Affiliate of Owner/Developer is a managing member or managing partner orb any entity in which DTR1, L.L.C. or DESERT TROON, LIMITED, L.L.C. are owners~~l any entity which owns a parcel in the Project containinu a building of at least 50.000 square feet. As used in this paragraph, the term "Affiliate" means any entity under common control with Owner/Developer. After assignment of rights as provided in this paragraph, the assignee shall receive the right to Reimbursement Payments under Article 4 of this Agreement to the extent of the assignment. 7.11. No Title Encumbrance. Notwithstanding the fact that this Agreement is being recorded in the Official Records of Pima County, it is intended that this Agreement shall not be an encumbrance upon the title of any person or entity purchasing or owning a portion of the Property, and that the terms and conditions of the Agreement are not covenants running with the land and that no person or entity is bound by (or entitled to) the burdens and benefits of this Agreement unless the burdens are expressly assumed by or the benefits are expressly assigned to that person or entity. 7.12. Lender Provisions. Notwithstanding paragraph 7.10 above, the Town is aware that financing for development, construction, and operation of the Development may be provided, in whole or in part, from time to time, by one or more third parties (collectively, "Lender"), and that Lender may request a collateral assignment of this Agreement as part of its collateral for its loan to Owner/Developer. The Town agrees that such collateral assignments are permissible without the consent of the Town. In the event of non-performance by Owner/Developer, the Town shall provide notice of non-performance to any Lender previously identified in writing to the Town at the same time notice is provided to Owner/Developer. If a Lender is permitted under {00014953.DOC /4~} ~9/I-48/2009' 8§;?~47:30 AM MARANA MERCANTILE DEVELOPMENT AGREEMENT Regular Council Meeting -September 15, 2009 -Page 188 of 224 12 the terms of its agreement with Owner/Developer to cure the non-performance and/or to assume Owner/Developer's position with respect to this Agreement, the Town agrees to recognize the rights of Lender and to otherwise permit Lender to assume such rights and obligations of Owner/Developer under this Agreement. Nothing contained in this Agreement shall be deemed to prohibit, restrict, or limit in any way the right of a Lender to take title to all or any portion of the Property, pursuant to a foreclosure proceeding, trustee's sale, or deed in lieu of foreclosure. The Town shall, at any time upon request by Owner/Developer or Lender, provide to any Lender an estoppel certificate, acknowledgement of collateral assignment, or other document evidencing that this Agreement is in full force and effect, that it has not been amended or modified (or, if appropriate, specifying the amendment or modification), and that no non-performance by Owner/Developer exists under this Agreement (or, if appropriate, specifying the nature and duration of any existing non-performance) and certifying to such other matters reasonably requested by Owner/Developer or Lender. Upon request by a Lender, the Town will enter into a separate assumption or similar agreement with the Lender consistent with the provisions of this paragraph. 7.13. No PartnershirJ. 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 Owner/Developer and the Town. 7.14. Third Party Beneficiaries. 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. Except as provided in paragraph 7.12 of this Agreement, this Agreement is made and entered into for the sole protection and benefit of the Parties and their permitted assigns, and no person other than the Parties and their permitted assigns shall have any right of action based upon any provision of this Agreement. 7.15. 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. 7.16. Imposition of Duty by Law. This Agreement does not relieve any Party of any obligation or responsibility imposed upon it by law. 7.17. Entire Agreement. This Agreement, including the attached exhibits, 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. 7.18. Amendments. 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 plats or development plans governing the Property and Marana Mercantile Rezoning as amended and superseded 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. 7.19. Names and Plans. Subject to customary reservations by the architects and other design professionals of copyrights to plans and specifications, the Owner/Developer shall be the sole {00014953.DOC / 4~} ~9/k48/2009'_:^~° 7:30 AM MARANA MERCANTILE DEVELOPMENT .AGREEMENT Regular Council Meeting -September 15, 2009 -Page 189 of 224 13 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 Owner/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. 7.20. Good Standing: Authority. The Owner/Developer represents and warrants to the Town that it is duly formed and validly existing under the laws of the state of Arizona and is authorized to do business in the state of Arizona. The Town represents and warrants to the Owner/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. 7.21. Severability. If any provision of this Agreement is declared illegal, invalid or unenforceable, in whole or in part, under present or future laws, it shall be severed from the remainder of this Agreement, which shall otherwise remain in full force and effect. In lieu of the illegal, invalid or unenforceable provision, there shall be added automatically as part of this Agreement a provision as similar in terms to the illegal, invalid, or unenforceable provisions as may be possible and still be legal, valid, and enforceable, and this Agreement shall be deemed reformed accordingly. Without limiting the generality of the foregoing, if all or any portion of the payments required by the terms of this Agreement are determined, by a court of competent jurisdiction in a final non-appealable judgment, to be contrary to public policy or otherwise precluded, the parties shall utilize their reasonable, best efforts to promptly restructure and/or amend this Agreement, or to enter into a new agreement to afford the Owner/Developer the economic benefits of this Agreement in light of the benefits to the Town. 7.22. Governing Law. This Agreement is entered into in Arizona and shall be construed and interpreted under the laws of Arizona, and the Parties agree that any litigation or arbitration shall take place in Pima County, Arizona. Nothing in the use of the word "litigation" in the preceding sentence shall constitute a waiver of paragraph 6.4 above, requiring disputes to be resolved by binding arbitration. 7.23. Interpretation. This Agreement has been negotiated by the Town and the Owner/Developer, and no Pariy shall be deemed to have drafted this Agreement for purposes of construing any portion of this Agreement for or against any Party. 7.24. 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 OwnerlDeveloper. 7.25. No OwnerlDeveloper Representations. Nothing contained in this Agreement shall be deemed to obligate the Town or the Owner/Developer to commence or complete any part or all of the development of the Property. 7.26. 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. { 00014953.DOC / 4~ } ~9/~ 48/2009 ?:96-1?Ivi 7:30 AM MARANA MERCANTILE DEVELOPMENT AGREEMENT Regular Council Meeting -September 15, 2009 -Page 190 of 224 14 7.27. 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 an event of non-performance under this Agreement so long as such Party shall use its commercially reasonable efforts to remedy with all reasonable dispatch the event or condition causing such inability and such event or condition can be cured within a reasonable amount of time. "Force majeure" as used in this paragraph means any condition or event not reasonably within the control of such Party, including without limitation, "acts of God," strikes, lock-outs, or other disturbances of employer/employee relations; acts of public enemies; orders or restraints of any kind of government of the United States or any state or subdivision 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 such Party, unfavorable to a Party shall not constitute failure to use its best efforts to remedy such a condition. 7.28. 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. 7.29. Notices and Filin>?s. 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, sent via overnight national courier, 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 Manager Town of Marana Marana Municipal Complex 11555 West Civic Center Drive, A3 Marana, Arizona 85653 To Owner/Developer: DTD-Devco ~~ L.L.C. C/O DESERT TROON COMPANIES. 17207 N. Perimeter Drive, Suite 200 Scottsdale, Arizona 85255 Attn: Legal Department with a copy t0: CHESTER & SHEIN, P.C. 8777 North Gainey Center Drive, Suite 191 Scottsdale, Arizona 85258 Attn: David Shein, Esq. [Remainder of page intentionally left blank.] {00014953.DOC / 45} ~9/~48/2009 38g-P~47:30 AM MAR.ANA MERCANTILE DEVELGPMEIvT AGREEMENT Regular Council Meeting -September 15, 2009 -Page 191 of 224 15 IN WITNESS wxEREOF, the Parties have executed this Agreement as of the last date set forth below their respective signatures. TowN: TIC' TowN of MARANA, an Arizona municipal corporation OWNER~DEVELOPER: DTD-DEVCO ~~ L.L.C., an Arizona limited liability company By: DTR1, L.L.C., an Arizona limited liability company, Manager By: Ed Honea, Mayor Date: ATTEST: Jocelyn C. Bronson, Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney STATE OF ARIZONA) County of Maricopa ) SS By: -rte Garv S. Elbogen. Authorized Agent Date: The foregoing instrument was acknowledged before me on by , t''° Garv S. Elbogen. the Authorized Agent of DTR1, L.L.C., an Arizona limited liability company, Manager of DTD-DEVCO ~?~ L.L.C., an Arizona limited liability company , on behalf of the company. My commission expires: Notary Public {00014953.DOC / 45} X9/-1-48/2009 3;86-P~47: ~ 0 AM MARA.NA MERCANTILE DEVELOPMENT AGREEMENT Regular Council Meeting -September 15, 2009 -Page 192 of 224 16 LisT of EXHIBITS A. Legal description of the Property B. Conceptual description of the master site plan for the Development {00014953.DOC / 45} X9/148/2009'-:Ag-I'~.47:30 AM 1V1A2CH1VA ~Eo~.~*rn r*rir r~r~-r.~~n~.c~-F~~ERC.4NTILE DEVELOP\4E1T AGREEMENT EXHIBIT LIST Regular Council Meeting -September 15, 2009 -Page 193 of 224 17 EXHIBIT A Legal description of the Property {00014953.DOC / 4~} Y9/a-=18/2009 =AL~.4730 AM MARANA MERCANTILE DEVELOPMENT AGREEMENT Regular Council Meeting -September 15, 2009 -Page 194 of 224EXHIBIT A ExxisiT B Conceptual description of the master site plan for the Development {00014953.DOC / 4~f ~9/-X8/2009'-:O(~I'A47:30 AM MARANA MERCANTILE DEVELOPMENT AGREEMENT Regular Council Meeting -September 15, 2009 -Page 195 of 224ExHIBIT B Document comparison by Workshare Professional on Tuesday, September 08, 2009 7:32:07 AM Input: Document 1 ID file://C:/Documents and Settings/fcassidy/My Documents/Marana Mercantile DA (00014953-4).DOC Description Marana Mercantile DA (00014953-4) Document 2 ID file://X:/WDOX/TNATDOCS/DEVELOP/MERCANTILE/000 14953.DOC Description 00014953 Rendering set standard tyle c] ormat Statistics: Count Insertions 76 Deletions 77 Moved from 2 Moved to 2 Style change 0 Format changed 0 Total changes 157 Regular Council Meeting -September 15, 2009 -Page 196 of 224 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, September 15, 2009, 7:00:00 PM To: Mayor and Council From: Keith Brann ,Town Engineer Strategic Plan Focus Area: Commerce, Community Building, Heritage Item A 3 Subject: Resolution No. 2009-161: Relating to Public Works; approving and authorizing the Mayor to execute agreements to purchase land from Pima County and the Pima County Flood Control District for use as mitigation lands in connection to the Twin Peaks Interchange project Discussion: As part of the Twin Peaks interchange project, an Army Corps of Engineers 404 permit was required and obtained. One of the conditions of the 404 permit was the establishment of a mitigation area based upon the impacts from the project. This area was required to be 25 acres. The Town entered into a lease agreement with Pima County to lease approximately 29 acres that would encompass a mitigation area to be restored with native vegetation to satisfy the 404 permit. The area is located on the downstream side of the embankment for the Twin Peaks river bridges at Continental Ranch. Due to various acquisitions over time, the mitigation area is in part of parcels owned separately by Pima County and the Pima County Flood Control District. As a condition of the 404 permit, the Corps is requiring a restrictive covenant be recorded against the mitigation property. This was a condition unforeseen in our initial discussions with the Corps. The restrictive covenant is an unchangeable Corps template that is problematic when the owner of the land is not the actual permittee from the Corps. Pima County and the Pima County Flood Control District are willing to sell the land in question to the Town for the same administratively settled price per acre as other comparable lands acquired from them for the Twin Peaks project. Town staff is agreeable to the purchase and also believes that it is in the best interests of the Town to own the land which encompasses the Twin Peaks mitigation area. The exhibits used for the purchase of the land are coincident with the prior mitigation lease area with a small area added for access from the Twin Peaks right of way near the Tucson well site. The added area for access is in the same location as a slope easement from the Twin Peaks project that was used to create access to the nearby Tucson well site and will allow maintenance of the mitigation area from a proposed curb cut on Twin Peaks Road. Once the land is acquired, the Town will record a restrictive covenant on the mitigation area to fulfill the obligations of the 404 permit. Financial Impact: The agreed upon purchase price from previous acquisitions of river property was $7,000/acre. The cost Regular Council Meeting -September 15, 2009 -Page 197 of 224 of this acquisition is approximately $203,721 plus closing costs. The mitigation purchase qualifies as part of the acquisition necessary for the Twin Peaks project and is therefore a project cost reimbursable from the various project funds that make up the Twin Peaks project. The 404 permit requires active maintenance (replacement of dead vegetation) of the area for three years with passive maintenance after that (trash cleanup with replacement of vegetation due to man made disturbance only). ATTACHMENTS: Name: ~ Mitigation Land Purchase Agree. ment Resolution (00016337). DOC ^ .E....x..hibit A Map for Mitigation Land Purcha_se._Reso 0001650 _PDF Description: Twin Peaks TI Mitigation Land Purchase Reso Exh A to Reso: Purchase Area Detail Type: Resalutian Exhibit Staff Recommendation: Staff recommends adoption of Resolution No. 2009-161, approving the purchase of the mitigation area from Pima County and the Pima County Flood Control District. Suggested Motion: I move to adopt Resolution No. 2009-161, approving and authorizing the Mayor to execute agreements to purchase land from Pima County and the Pima County Flood Control District for use as mitigation lands in connection to the Twin Peaks Interchange project. Regular Council Meeting -September 15, 2009 -Page 198 of 224 MARANA RESOLUTION N0.2009-161 RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AGREEMENTS TO PURCHASE LAND FROM PIMA COUNTY AND THE PIMA COUNTY FLOOD CONTROL DISTRICT FOR USE AS MITIGATION LANDS IN CONNECTION TO THE TWIN PEAKS INTERCHANGE PROJECT WHEREAS Marana Resolution No.2006-97 authorized the acquisition of lands necessary for the construction of the Twin Peaks interchange; and WHEREAS the Twin Peaks interchange project required an Army Corps of Engineers (ACOE) section 404 permit; and WHEREAS the ACOE section 404 permit number SPL-2007-260-KAT requires a mitigation area of a minimum of 25 acres of land with a restrictive covenant recorded against the property; and WHEREAS the Town of Marana has previously entered into a license agreement with Pima County and the Pima County Flood Control District to use an area of the Santa Cruz River adjacent to the Twin Peaks interchange; and WHEREAS the Pima County Flood Control District has expressed a preference that the area to be used as mitigation lands be under the ownership of the Town of Marana; and WHEREAS the Town of Marana believes it to be in its best interests to own the area of the mitigation lands required by the ACOE section 404 permit for the Twin Peaks Interchange project; and WHEREAS the Town of Marana and Pima County and Pima County Flood Control District have agreed previously on the value of land in the Santa Cruz River at the Twin Peaks project site. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. The acquisition agreements with Pima County and Pima County Flood Control District to acquire the mitigation area and access area depicted in Exhibit- A for $7,000 per acre plus closing costs are hereby approved and the Mayor is hereby authorized to sign them on the Town's behalf. SECTION 2. Town staff is hereby authorized and directed to undertake all other actions necessary or prudent to carry out this resolution or to comply with ACOE section 404 permit number SPL-2007-260-KAT in connection with the acquisition, management, and operation of the lands acquired pursuant to this resolution, including without limitation to record a restrictive covenant. Regulq~~i~~c,7~p~y~~mber 15, 2009 -Page 199 of 224 _ I _ {00016337_DOC /} PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 15th day of September, 2009. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regulq~j~i~~~O~R~mber 15, 2009 -Page 200 of 224 _ 2 - {00016337.DOC /} DETAIL OF AREA TO BE .PURCHASED ~~ ~~~ , ~c \ ~~~ ~~~ 6 ~ ~;G. 4 ~ ~~ raw. ~~ ~ ~ '~ c~~ - ¢`~ .. , ~ ~~MITIGATION S ~ ~~ ,._. ~,..Yvr- AREA ~ CURRENTLY ~~ ~ ~ & t,a - LEASED a ~* ® s~ O ~ ~ - `~~ ~ k ,fY ~~ I~ ~. ~ - ~~ \~ ~ ~ ® _ .. ~~~ ~ ~~ yy ~ _. ~U o~ ,,y; ,~ ^: ~'I !` ~'', J t .. \ ~ 0 40' 80' ` \ AREA ADDED FOR ACCESS ~\ ~~ ~^ ~~S ~ t ~ ~ ~'~ ~ ° _--~_ ~~ ~ _ ~ , `--~-- - - o ~~ o ~, o ~a Regular Council Meeting -September 15, 2009 -Page 201 of 224 EXHIBIT A TO RESOLUTION 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, September 15, 2009, 7:00:00 PM To: Mayor and Council Item A 4 From: Keith Brann ,Town Engineer Strategic Plan Focus Area: Community Building Strategic Plan Focus Area -Additional Information: Working towards resolving all impacts from the most recent FEMA map modernization program, the Town has in the past formed public-private partnerships to address remapping efforts. This resolution continues the Town's commitment to address and resolve all remaining remapping issues and promote cooperative partnerships with the private sector and neighborhood groups. Subject: Resolution No. 2009-162: Relating to Development; waiving development review and permitting fees and real estate processing fees for flood control infrastructure projects that reduce flood impacts of developed subdivisions containing areas newly designated as floodplains in the Federal Emergency Management Agency's 2009 Digital Flood Insurance Rate Maps Discussion: In September 2007, the Federal Emergency Management Agency (FEMA) issued "draft" maps of proposed floodplain changes in Marana. These maps considered the Central Arizona Project Canal (CAP), Interstate I-10 and the Union Pacific Railroad (UPRR) to be levee-like structures that could not be certified under FEMA guidelines and therefore would bring large areas of Marana into an indeterminate Special Flood Hazard Area (SFHA) -including significant areas that had been previously removed from the SFHA by letters of map revision. The Town of Marana disputed this mapping and joined a coalition of public and private entities to fund a drainage study of the entire Tortolita Fan. The drainage study verified some of the areas FEMA identified as SFHA, but the majority of the original affected area was shown in the Town's study not to meet the classification of Special Flood Hazard Area. For those areas still identified as SFHA, capital improvement projects will be required to remove the areas from the floodplain. In a continuation of the public-private partnership that was used to fund the original study, Town staff is recommending that in those cases where private entities are taking it upon themselves to design and construct flood control infrastructure for developed subdivisions that were permitted prior to the 2007 FEMA draft maps that the Town of Marana waive development services fees for review and permitting of the flood control infrastructure and real estate processing fees that may be associated with dedications to the Town associated with these flood control infrastructure projects. Financial Impact: Regular Council Meeting -September 15, 2009 -Page 202 of 224 The anticipated fees to be waived could include but not be limited to plan review, grading permits, native plant permits, building permits, floodplain permits and real property processing fees. The Town has made strides to perform the majority of plan review with in-house staff but it is conceivable that some review may need to be sent out for consultant review. The Town's building safety and engineering staffs have consultant review budgets for this that could absorb some outside plan review if needed. ATTACHMENTS: Name: Description: Type: ^ Reso Waiving Fees._in FEMA Areas_(00016458).DOC FEMA remapping fee waiver reso Resalutian Staff Recommendation: Staff recommends approval of a development services fee waiver for flood control infrastructure for developments previously permitted that were adversely affected by the 2007 FEMA draft maps. Suggested Motion: I move to approve Resolution No. 2009-162, waiving development review and permitting fees and real estate processing fees for flood control infrastructure projects that reduce flood impacts of developed subdivisions containing areas newly designated as floodpiains in the Federal Emergency Management Agency's 2009 Digital Flood Insurance Rate Maps. Regular Council Meeting -September 15, 2009 -Page 203 of 224 MARANA RESOLUTION N0.2009-162 RELATING TO DEVELOPMENT; WAIVING DEVELOPMENT REVIEW AND PERMITTING FEES AND REAL ESTATE PROCESSING FEES FOR FLOOD CONTROL INFRASTRUCTURE PROJECTS THAT REDUCE FLOOD IMPACTS OF DEVELOPED SUBDIVISIONS CONTAINING AREAS NEWLY DESIGNATED AS FLOODPLAINS IN THE FEDERAL EMERGENCY MANAGEMENT AGENCY'S 2009 DIGITAL FLOOD INSURANCE RATE MAPS WHEREAS Marana Resolution No. 2007-193 authorized the Town to join a coalition of public and private interests in the funding of a detailed floodplain study for lands affected by the Federal Emergency Management Agency's September 17, 2007 draft floodplain maps; and WHEREAS the detailed floodplain study was completed and accepted by the Federal Emergency Management Agency and incorporated into the 2009 preliminary Digital Flood Insurance Rate Maps; and WHEREAS certain developed subdivisions previously permitted by the Town of Marana will be newly designated as floodplains based upon the Town's study; and WHEREAS the Town desires to continue the cooperative effort exemplified by the coalition by reducing costs associated with flood hazard reducing flood control infrastructure projects in affected developed subdivisions. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, waiving development services review and permitting fees and real estate processing fees for flood control infrastructure projects that reduce flood hazards for developed subdivisions (subdivisions containing constructed residences) with floodplains newly designated by the Federal Emergency Management Agency's 2009 Digital Flood Insurance Rate Maps. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 15~' day of September, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -September 15, 2009 -Page 204 of 224 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, September 15, 2009, 7:00:00 PM To: Mayor and Council Item A 5 From: Ann Meaders ,Utilities Operations Manager Strategic Plan Focus Area: Commerce, Community Building, Progress and Innovation Subject: Resolution No. 2009-163: Relating to Finance; authorizing the application for a loan from the Water Infrastructure Finance Authority of Arizona out of the State of Arizona's allotment of Drinking Water State Revolving Fund to finance certain water projects Discussion: The Water Infrastructure Finance Authority of Arizona (WIFA) has published its 2010 Drinking Water Financial Assistance Intended Use Plan and Project Priority List. The Town of Marana has six projects on this project list as items which are potentially eligible to move forward through the WIFA process for funding. Staff is requesting authorization to apply for loans for the following projects and amounts: L Hartman to Cortaro interconnect $ 500,000 2. Camino de Mariana water line 1,000,000 3. Silverbell well 500,000 4. Twin PeaksBlue Bonnet water line 1,750,000 5. Cortaro Marana Well Acquisition 1,500,000 TOTAL $ 5,250,000 Approval of this resolution would authorize staff to apply for loans in an amount not to exceed $5,250,000 and authorize staff to perform all actions required to execute documents and agreements related to this financing. The final loan amounts will be dependent on the project cost estimates and a debt repayment capacity analysis. Financial Impact: These projects have been included within the Town's water rate model and/or water development impact fee study, as applicable. The loans will be paid with a combination of water user rate revenues, development fees or other appropriate sources, as appropriate. ATTACHMENTS: Name: Description: Type: ^ WIFA Authorization Reso ~001620.6.~.._DOC WIFA Loan Resaiution Resolution Regular Council Meeting -September 15, 2009 -Page 205 of 224 Staff Recommendation: Staff recommends the approval of Resolution No. 2009-163. Suggested Motion: I move to approve Resolution No. 2009-163, authorizing the application for a loan from the Water Infrastructure Finance Authority of Arizona out of the State of Arizona's allotment of Drinking Water State Revolving Fund to finance certain water projects. Regular Council Meeting -September 15, 2009 -Page 206 of 224 MARANA RESOLUTION N0.2009-163 RELATING TO FINANCE; AUTHORIZING THE APPLICATION FOR A LOAN FROM THE WATER INFRASTRUCTURE FINANCE AUTHORITY OF ARIZONA OUT OF THE STATE OF ARIZONA'S ALLOTMENT OF DRINKING WATER STATE REVOLVING FUND TO FINANCE CERTAIN WATER PROJECTS WHEREAS the Town Marana has identified a need for a water capital improvement projects; and WHEREAS pursuant to Arizona Revised Statues §§ 9-521 through 540, and specifically A.R.S. § 9-571, the Town of Marana may obligate the revenues generated by its water user rate revenues, development fees or other appropriate sources to repay a loan from the Water Infrastructure Finance Authority of Arizona (WIFA); and WHEREAS the Town of Marana certifies that the population of the community according to the most recent United States census data is 26,098, which meets the criteria under A.R.S. § 9-571 for entering into and performing a financial assistance loan repayment agreement with WIFA without submitting the question to the qualified electors of Marana; and WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interest of the public to pursue and apply for financial assistance from WIFA out of the State of Arizona's Drinking Water State Revolving Fund (DWSRF) Appropriation in an amount not to exceed $5.25 Million. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Public Services General Manager or Finance Director are authorized and directed to submit an application to WIFA for DWSRF financial assistance on behalf of the Town of Marana. SECTION 2. The Town Manager, Assistant Town Manager, Finance Director, or Public Works Director are each authorized to take such actions as are necessary to apply for DWSRF financial assistance in an amount not to exceed $5.25 Million payable from water user rate revenues, development fees or other sources, as appropriate. SECTION 3. All actions of the officers and agents of the Town of Marana which conform to the purposes and intent of this resolution and which further the completion of the application as contemplated by this resolution, whether heretofore or hereafter taken, are hereby ratified, confirmed and approved. The proper officers and agents of the Town of Marana are hereby authorized and directed to do all such acts and things and to execute and deliver all such Reguly~e~~~ ~e~j=l~~ptember 15, 2009 -Page 207 of 224 _ I - WIFA Loan Authorization application documents on behalf of the Town of Marana as may be necessary to carry out the terms and intent of this resolution. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL, OF THE TOWN OF MARANA, ARIZONA, this 15th day of September, 2009. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regul~re~~~ }~e_l~~ptember 15, 2009 -Page 208 of 224 _ 2 - WIFA Loan Authorization 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, September 15, 2009, 7:00:00 PM To: Mayor and Council Item A 6 From: Deb Thalasitis ,Assistant Town Manager Strategic Plan Focus Area: Progress and Innovation Subject: Resolution No. 2009-164: Relating to Administration; approving and authorizing the Town Manager to implement an administrative directive system to establish operating practices and procedures for administrative functions and to supplement Town policy; and declaring an emergency Discussion: This item is seeking council's affirmation of the Town Manager's proposed Administrative Directive process, including the applicability of these procedures to all town employees. The Town Council establishes broad policy and procedural direction regarding administrative matters through the Town Code and various ordinances that it adopts from time to time. This includes adoption of items such as the "Personnel Policies and Procedures." The Town Council has established that the Town Manager is the chief administrative officer who is charged with the proper administration of all affairs of the town (Town Code 3.2.1 (G)). As part of the strategic plan focus area, "Progress and Innovation," the Town Manager's Office is committed to facilitating the conduct of the internal, administrative processes of the town in a consistent, open and fair manner. A system of Administrative Directives will help assure that all employees are aware of the procedures to be followed in the daily conduct of town business. Further, this system of Administrative Directives will provide additional details that help ensure that the policy intention of the Town Council is implemented consistently across the organization. The following summarizes the key attributes of the system of Administrative Directives: • May be initiated at the department level, with review by key stakeholders including the Legal Department, the Human Resources Department, General Managers and the Town Manager's Office. • Must be approved by the Town Manager and officially issued. • Issuance will consist of notification via a-mail, posting on the town's Intranet site and distribution to employees without access to a-mail or the Intranet. • Departments are required to keep a minimum of one printed copy of current directives at each worksite in the department, accessible to all employees. • Each new employee will be instructed on how to access the Administrative Directives system during the new employee "on-boarding" process. The Human Resources Department will conduct, or facilitate the conduct, of additional training with all employees as needed. • Occasionally an Administrative Directive may be relevant to elected and appointed officials. When this occurs, the specific directive will be brought before the Town Council for its consideration and adoption by resolution. Regular Council Meeting -September 15, 2009 -Page 209 of 224 Administrative Directives will generally fall into one of the following categories: Personnel and Administration; Finance, Budget and Purchasing; Technology; Facilities and Grounds; Vehicles and Equipment (non-technology); Communications; Safety; Emergency Management; Legislation; Records Management; Law. , Currently staff is working on a number of Administrative Directives including: Social Media Usage, Uniforms, Records Management, Cash-handling, Purchasing, Contract Administration, Grants Administration, and Facilities Access/Security. In addition, updates and revisions will be prepared to policies previously issued under different formats including Media Relations, Public Records Requests, PDA Usage Policy and Agreement, IT Computers/Network Acceptable Use Policy, Email Acceptable Usage Policy, Telephone and Voicemail Acceptable Use Policy, and Internet Acceptable Usage Policy. Financial Impact: None. ATTACHMENTS: .Name: Description: Type: ^ Reso re Administrative Directive system Resolution Resolution {00016494).DOC ^ EX A Administrative Directive S~~stem explanation Exhibit A to Resolution Exhibit X00016492-2~._DOC Staff Recommendation: Staff recommends approval of the Resolution affirming the Town Council's support of the Administrative Directive system to be implemented by the Town Manager as outlined in Exhibit "A," attached to the Resolution. Suggested Motion: I move to approve Resolution 2009-164, approving and authorizing the Town Manager to implement an administrative directive system to establish operating practices and procedures for administrative functions and to supplement Town policy; and declaring an emergency. Regular Council Meeting -September 15, 2009 -Page 210 of 224 MARANA RESOLUTION N0.2009-164 RELATING TO ADMINISTRATION; APPROVING AND AUTHORIZING THE TOWN MANAGER TO IMPLEMENT AN ADMINISTRATIVE DIRECTIVE SYSTEM TO ESTABLISH OPERATING PRACTICES AND PROCEDURES FOR ADMINISTRATIVE FUNCTIONS AND TO SUPPLEMENT TOWN POLICY; AND DECLARING AN EMERGENCY WHEREAS the Town Council has established broad guidelines and parameters regarding the administration of the Town through the Marana Town Code and other ordinances and policies; and WHEREAS Section 3-2-1(G) of the Marana Town Code provides that the Town Manager shall be the chief administrative officer and head of the administrative branch of the Town and shall execute general administrative supervision and control of the affairs of the Town; and WHEREAS the Town Council finds that the establishment of a system of administrative directives sets forth specific direction and procedures to employees for carrying out certain administrative functions and provides consistency in the performance of administrative tasks, in the use of Town resources and equipment, and in the implementation of the Town Code and other ordinances and policies. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Town of Marana hereby approves the administrative directive system as described in Exhibit A, attached to and incorporated by this reference in this resolution. SECTION 2. The Town Council hereby directs that administrative directives established pursuant to the administrative directive system described in Exhibit A shall apply to all Town employees, except that directives established pursuant to this system shall not limit the authority of the Town Magistrate to establish directives for the management of judicial processes within the Marana Municipal Court. SECTION 3. The Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to implement the administrative directive system described in Exhibit A. Regulq~~i~~y1~~g10~~~mber 15, 2009 -Page 211 of 224 ~ {00016494.DOC /} SECTION 4. Since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this resolution become immediately effective, an emergency is hereby declared to exist, and this resolution shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 15~' day of September, 2009. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regulq~~i~~~~O~R~mber 15, 2009 -Page 212 of 224 2 {00016494.DOC /} TOWN OF MARANA ADMINISTRATIVE DIRECTIVE SYSTEM I. An administrative directive is a document authorized and issued by the town manager to establish operating practices and procedures for certain administrative functions and/or to supplement the broader policy direction of the town council by augmenting/clarifying ordinances and amendments to the town code or to the town's personnel policies and procedures. Administrative directives are generally focused on internal policies and practices and are designed to promote consistent business practices, improve organizational communication, reduce risk and exposure and provide for necessary internal controls over resources and business transactions. 2. Administrative directives will generally fall into one of the following categories: • Personnel and Administration • Finance, Budget and Purchasing • Technology • Facilities and Grounds • Vehicles and Equipment (non-technology) • Communications • Safety • Emergency Management • Legislation • Records Management • Law 3. An administrative directive may be initiated and developed at the department level. Key stakeholders shall be identified by the initiating department and included in the development of the directive. It is expected that certain departments shall be identified as key stakeholders depending upon the subject matter, to include (but not be limited to): Directive is Related to: Minimum Key Stakeholder De artments: Employees Human Resources, Munici al Court, Le al Money Finance Technolo Technolo Services Property (land, parks, open space) Parks and Recreation, Public Works, Engineering, Plannin , Le al Facilities Parks and Recreation, Public Works, Municipal Court Records Town Clerk, Development Services Records Center, Police Records Center, Munici al Court, Le al Communication Town Manager's Office, Human Resources 1 Regular Council Meeting -September 15, 2009 -Page 213 of 22~YHIBIT A Citizens businesses/customer service Town Mana er's Office Events Parks and Recreation, Town Manager's Office, Public Works, En ineerin ,Police Legislation Town Clerk, Town Mana er's Office, Legal Things (equipment and vehicles) Public Works, Parks and Recreation, Police, Utilities Emergency Police, Public Works, Plannin /O erations/Mana ement Utilities Law Le al Safety Police, Public Works, Utilities, Parks and Recreation, Human Resources, Le al 4. All draft administrative directives shall be subject to the following review process: a. Key stakeholders (develop and review) b. Legal Department (may be included in development process) c. Department directors d. General managers e. Town Manager's Office (may be included in development process) 5. All administrative directives must be approved and officially issued by the town manager. 6. Issuance will consist of notification via e-mail, posting on the town's INTRAnet site and hard-copy distribution to employees without access to a-mail or the INTRAnet. The town manager shall designate staff responsible for notice and posting. Departments are required to keep a minimum of one printed copy of current directives at each worksite in the department, accessible to all employees. 8. Each new employee will be instructed on how to access the administrative directive system during the new employee "on-boarding" process. The Human Resources Department will conduct or facilitate additional training for all town employees, as needed. 9. Occasionally, an administrative directive may be relevant to elected and appointed officials. When this occurs, the specific directive will be brought before the town council for its consideration and adoption by resolution. 10. Administrative directives shall conform to a standard template established by the town manager. When the directive involves the adoption of a "manual" (i.e. the "Cash-Handling Manual"), the administrative directive may contain brief summary information with the manual attached. 11. All employees are responsible for reading, understanding and asking questions to clarify administrative directives. Failure to follow an administrative directive may be grounds for disciplinary action. 2 Regular Council Meeting -September 15, 2009 -Page 214 of 22~XHIBIT A r'~'~~ ~~~~~\ ~1/1~r~ ~ ilx ro.. w u~a.r,r, 11555 W. CI IC CENTER DRIVE, MARA A, ARIZONA 85653 COUNCIL CHAMBERS, September 15, 2009, 7.:00:00 PM To: Mayor and Council Item B 1 From: Gilbert Davidson ,Town Manager Strategic Plan Focus Area: Progress and Innovation Subject: Presentation: Relating to the Town Council; report on the town council subcommittee discussion for the 2009 Strategic Planning Retreat, and requesting direction Discussion: The Town Manager met with the council subcommittee appointed by Mayor Ed Honea to discuss options for the 2009 Strategic Planning Retreat. The purpose of this retreat will be to update the town's first two-year strategic plan developed in 2008 and adopted after extensive input from the community in February, 2009. The strategic plan establishes initiatives from which department work plans are developed. The plan also serve as guidance for budget decision-making. The Town manager is seeking direction from the full council based on the options available for the 2009 retreat, following the sub- committee's recommendation that cone-day event be held during the early part of November. Financial Impact: Funds are budgeted for this strategic plan update process. ATTACHMENTS: Name: Description: Type: No Attachments Available Staff Recommendation: Council's pleasure. Suggested Motion: The Town Manager is seeking direction/consensus from Council. Regular Council Meeting -September 15, 2009 -Page 215 of 224 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, September 15, 2009, 7:00:00 PM To: Mayor and Council Item D 1 From: Erik Montague ,Finance Director Strategic Plan Focus Area: Commerce, Community Building, Heritage, Progress and Innovation, Recreation Subject: Relating to Development Impact Fees; the filing of the annual development impact fee report to account for the collection and use of development fees as required by ARS § 9-463.05 Discussion: The State Legislature granted cities and towns the authority to assess development fees in 1982. Cities and towns can charge these fees to offset the costs related to providing necessary public services to a development. The law requires cities and towns to separately account for the fees and restricts their use to providing public services for a development. To date, the Town has implemented following development impact fees: • South Transportation Benefit Area development impact fee was established in 2001 for the construction of the Twin Peaks Interchange. • Northwest Transportation Benefit Area development impact fee was established in 2005 for regional road construction in Northwest Marana. • Town-wide Parks Benefit Area development impact fee was established in 2005 for various regional park projects including the district park to be constructed at Silverbell and Cortaro Road. • Marana Water System Infrastructure development impact fee was established in 2006 for water infrastructure projects. • Marana Gravity Storage and Renewable Water Resource development impact fee was established in 2006 for gravity storage and water resource projects. The Town council passed a new Northeast Transportation Benefit Area impact fee for arterial road construction in Northeast Marana. This fee is set to begin collection July 1, 2008. The Town is required to issue an annual report to account for the collection and use of development fees within 90 days of the end of each fiscal year and the report is required to be maintained in the Town Clerk's office in accordance with ARS § 9-463.05. Copies of the report are required to be made available to the public upon request. The law allows the report to contain financial information that has not been audited. Regular Council Meeting -September 15, 2009 -Page 216 of 224 There are six specific areas that the report is required to address: 1. The amount of each type of development fee assessed by a city or town. 2. The balance of each fund, at the beginning and end of the fiscal year, maintained for each type of development fee. 3. The amount of interest or other earnings on monies in each fund as of the end of the fiscal year. 4. The amount of development fees used to repay either (a) bonds issued by the municipality to pay the cost of a capital improvement project for which the development fee was assessed or (b) monies advanced by the city or town from funds other than development fee funds to pay for a capital improvement project for which a development fee was assessed. 5. The amount of development fees spent on each capital. improvement project for which a development fee was assessed and the physical location of each capital improvement project. 6. The amount of development fees spent for each purpose other than a capital improvement project for which a development fee was assessed. Financial Impact: None. This item is for information purposes only. ATTACHMENTS: Name: D FY_20.09._Im_pact Fee Report.pdf Description: FY2009 Impact Fee Report Type: Backup Material Staff Recommendation: None. This item is for information purposes only. Suggested Motion: None. This item is for information purposes only. Regular Council Meeting -September 15, 2009 -Page 217 of 224 TOWN OF MARANA DEVELOPMENT IMPACT FEE REPORT FORM STATEMENT OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE FOR FISCAL YEAR ENDING JUNE 30, 2009 As of 6130109 Fund Balance Fund 103 Fund 104 Fund 106 Fund 107 Fund 551 Fund 561 South Benefit North East North Benefit Water Renewable Impact Fee Area Area Benefit Area Area Town-wide Infrastructure Resource Impact Fee Type Residential Residential Residential Residential Residential Residential Impact Fee Purpose Transportation Transportation Transportation Parks Water System Water System Total Impact Fee Charged per EDU $ - $ - $ - $ - $ - $ - Beginning Balance @ 6130108 $ 5,224,229.62 $ - $ 1,318,376.513 $ 4,324,597.32 $ 282,664.91 $ 1,258,480.56 $ 12,408,348.94 Revenues Impact Fees Collected $ 71,829.00 $ 212,702.00 $ 28,953.0() $ 341,464.50 $ 96,936.00 $ 199,987.65 $ 951,872.15 Investment Earnings $ 61,777.79 $ - $ - $ 22,012.02 $ - $ - $ 83,789.81 Total Revenues $ 133,606.79 $ 212,702.00 $ 28,953.0() $ 363,476.52 $ 96,936.00 $ 199,987.65 $ 1,035,661.96 General Expenditures Capital Projects $ 1,236,318.60 $ 64,041.5'1 $ 233,422.07 $ 312,890.29 $ 401,519.74 $ 2,248,192.21 General Administration $ - $ - $ - $ 332.45 $ - $ - $ 332.45 Operations & Maintenance $ - $ - $ - $ - $ - $ - $ - Vehicles & Equipment $ - $ - $ - $ - $ - $ - $ - Other $ - $ - $ - $ 203,029.41 $ - $ - $ 203,029.41 Sub-total -General Expenditures $ 1,236,318.60 $ - $ 64,041.5'1 $ 436,783.93 $ 312,890.29 $ 401,519.74 $ 2,451,554.07 Bonds Interest $ - $ - $ - $ - $ - $ - $ - Principal $ - $ - $ - $ - $ - $ - $ - Sub-total -Debt Service $ - $ - $ - $ - $ - $ - $ - Loans Interest $ - $ - $ - $ - $ - $ - $ - Principal $ - $ - $ - $ - $ - $ - $ - Sub-total -Loans $ - $ - $ - $ - $ - $ - $ - Total Expenditures $ 1,236,318.60 $ - $ 64,041.5'1 $ 436,783.93 $ 312,890.29 $ 401,519.74 $ 2,451,554.07 Surplusl(Deficit) $ (1,102,711.81) $ 212,702.00 $ (35,088.5'1) $ (73,307.41) $ (215,954.29) $ (201,532.09) $ (1,415,892.11) Beginning Fund Balance $ 5,224,229.62 $ - $ 1,318,376.53 $ 4,324,597.32 $ 282,664.91 $ 1,258,480.56 $ 12,408,348.94 Ending Fund Balance 6130109 $ 4,121,517.81 $ 212,702.00 $ 1,283,288.02 $ 4,251,289.91 $ 66,710.62 $ 1,056,948.47 $ 10,992,456.83 This report is provided in accordance with ARS § 9-463.05 which requires an annual report on impact fee activity to be filed with the Town Clerk by September 30 each year. This information has not been audited. Regular Council Meeting -September 15, 2009 -Page 218 of 224 ~, O l0 L U N N N [O C7) -a m 3 o m ~ ~n ~ ~ ~ ~ rn (O LL ~ LL' M ~ ~ ~ N ~ N 3 C+ J ~ . . O M M 0 C O ~ N o O 3 ~ [6 O ~ CD N N LO N LL C N M ti a O N V ao o ~ ~ ti o ~ '3 Y O N O 0 N -O C ~ 0 ~ N ~ 7 C ~ 3 ~ ~ O 0 M lL O F C D N [ 0 (` '7 N C fA N N ~ (O 00 l1') [O ' ~ t7) O O 'O O ~' ~ 3 Z y C M M LL ~ m F C (Cf ~ COO M ~ O N L 't ¢ O M a0 O O O O_ M 7 LL ~ C C N N . to m H rn d V O C J C C p N 00 U N m ~ O a N E- .~ ~ o o ~ " w ~ Z N ° W "' m v = °~ yc m a a i a o c J O c t -. p` [O t0 L O~ j C N O~ O T C O ` _ Y [O to y N d f/) O N N C U d ~ [O C ~ ~ ~ ~ N ~ J [O 6 ~ CCC7 W Cn ~ ~ d N Y ~' f ` C6 O C N - > C - ~ O O d ' ` T - (U ¢ N (U C 7 ~ U y ~ N O tT C (U d > L N " > ~ L d O O f0 y Z F H F-' Cn Z U cq = Cn Q ^ N _ ~ O p O _ N lf') O M O O O ~ O ~ ~ O O '~ O ~ N (3l Ov O M M Cy ~ O ~ ~ O ~ CO~ J O 0 7 ~ ..-. 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H N ~ ~ a V J Z C C C C C C C ~ ~ W a V O ~ Z~ W~Q m '6 C C C C C C O O O O O O CC1 CO [O m f0 CV d d O_ d d d W YJ Z 0} ~ J ~ 7 L.L N d tU CU N CU d d d N d N ~ ~ ~ ~ ~ ~ U U U U U U J ~ d J u aoa rn o ~ rn rn rn y a~ a~ d a> a~ a~ ~? ~ ~? ~? ~? a: ~ ~ ~ ~~~~~~~ . 0 0 J N o ' ~~~~ m m m ` ~ E m m~~ m m m m m Z( J ¢ W CD ~ U U U y y N N N N U ~ ~ p C . . ~ d ~ ~ Y_ Y_ Y Y Y Y (6 ~ (6 [6 ~ C6 Q W W Q F p p LL ~ ¢ a~ o O O [O R f6 R ~ ~ ~ ~ m N C6 m m ca a a a a a d a a a a~~~~~~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, September 15, 2009, 7:00:00 PM To: Mayor and Council Item D 2 From: Josh Wright ,Assistant to the Town Manager Strategic Plan Focus Area: Community Building Strategic Plan Focus Area -Additional Information: Under the initiative to create a sense of community identity and "community place", an action strategy was developed to work with the post office to change the zip code from a Tucson designation to a Marana designation. Subject: Resolution No. 2009-165: Relating to Community Development; discussion and possible action regarding a series of proposals to the United States Postal Service concerning changes to ZIP codes and city names Discussion: The Town of Marana has long been concerned with an identity problem caused by inconsistencies in the "city name" portion of addresses used by Marana residents and businesses. While properties in ZIP codes 85653 and 85658 are able to write "Marana" as their city name, properties in ZIP codes 85741, 85742 and 85743, which were in large part annexed by the Town in the 1990's, are required to use "Tucson" as their city name in order to ensure the prompt delivery of mail. The Marana Strategic Plan, as part of the "Community Building" focus area, identifies working with the United States Postal Service (USPS) to address these issues and develop viable solutions. Town staff researched the ZIP code and city name issue and contacted the USPS regarding potential actions to address the problem. In the 1990's, in response to similar concerns from multiple communities across the United States, the LISPS created a process to accept petitions for changes to ZIP code boundaries and acceptable city names. Staff has considered all options available under the LISPS process and have determined that several minor changes could be implemented which would satisfy the Town's needs and assist in building a stronger community identity. Staff will make a presentation on the existing problem, potential solutions, and the overall LISPS process for petitioning for ZIP code and city name changes. Staff is seeking Mayor and Council direction on how to proceed in addressing this issue and has prepared a resolution to provide the council with the option of authorizing the staff to carry out the recommended action. ATTACHMENTS: Name: Description: Type: O ZIP CODE_REALIGNMENT OPTION 1: Primary Gity Name Resolution RESO PRIMARY NAME Regular Council Meeting -September 15, 2009 -Page 220 of 224 (00016505)_.DOG D Zip Code Realignment Re_s_o.. ALTERNATIVE NAME OPTION 2: Alternative City Name Resolution (0..0..016506). DOC Staff Recommendation: A staff committee met on August 26, 2009, to review options and make recommendations on this issue to Mayor and Council. After careful review, the committee determined that the Town's best options were as follows: 1) Request that the LISPS designate the primary city name for ZIP code 85743 as "Marano," with "Tucson" remaining as an acceptable alternative. 2) Request that the LISPS designate "Marano" as an acceptable alternative city name for ZIP code "85741," with "Tucson" remaining as the primary. 3) Request no action for ZIP code "85742" at this time. Suggested Motion: OPTION 1: I move to approve Resolution No. 2009-165, supporting a proposal to the LISPS to change the primary city name in zip code(s) to to "Marano" and allow "Tucson" to be used as an accepted alternative city name. OPTION 2: I move to approve Resolution No. 2009-165, supporting a proposal to the LISPS to add "Marano" as an acceptable alternative city name in zip code(s) Regular Council Meeting -September 15, 2009 -Page 221 of 224 MARANA RESOLUTION N0.2009-165 RELATING TO COMMUNITY DEVELOPMENT; SUPPORTING A PROPOSAL TO THE UNITED STATES POSTAL SERVICE TO CHANGE THE PRIMARY CITY NAME IN ZIP CODE(S) TO "MAR.ANA" AND ALLOW "TUCSON" TO BE USED AS AN ACCEPTABLE ALTERNATNE CITY NAME WHEREAS the Town of Marana is primarily served by five United States Postal Service CUSPS) ZIP codes, including 85653, 85658, 85741, 85742 and 85743; and WHEREAS Marana residents who reside within ZIP codes 85741, 85742 and 85743 are required to print "Tucson" as their official city name when addressing mail in order to ensure proper and efficient provision of postal services; and WHEREAS the use of ``Tucson" as the official city name has caused confusion among residents and businesses, including in the arenas of elections and voting, sales tax remittance, and the overall identity of Marana; and WHEREAS the Mayor and Council has identified working with the United States Postal Service to make appropriate changes to ZIP codes as an initiative in the Marana Strategic Plan. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Mayor and Town Council of the Town of Marana, Arizona, support and hereby request that the United States Postal Service change the primary city name in ZIP code(s) to "Marana" and allow "Tucson" to be used as an acceptable alternative city name for all addressing, mailing, and related postal services. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 15t" day of September, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -September 15, 2009 -Page 222 of 224 MARANA RESOLUTION N0.2009-165 RELATING TO COMMUNITY DEVELOPMENT; SUPPORTING A PROPOSAL TO THE UNITED STATES POSTAL SERVICE TO ADD "MARANA" AS AN ACCEPTABLE ALTERNATNE CITY NAME IN ZIP CODE(S) WHEREAS the Town of Marana is primarily served by five United States Postal Service (LISPS) ZIP codes, including 85653, 85658, 85741, 85742 and 85743; and WHEREAS Marana residents who reside within ZIP codes 85741, 85742 and 85743 are required to print "Tucson" as their official city name when addressing mail in order to ensure proper and efficient provision of postal services; and WHEREAS the use of "Tucson" as the official city name has caused confusion among residents and businesses, including in the arenas of elections and voting, sales tax remittance, and the overall identity of Marana; and WHEREAS the Mayor and Council has identified working with the United States Postal Service to make appropriate changes to ZIP codes as an initiative in the Marana Strategic Plan. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Mayor and Town Council of the Town of Marana, Arizona, support and hereby request that the United States Postal Service add "Marana" as an acceptable alternative city name in ZIP code(s) for all addressing, mailing, and related postal services. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL, OF THE TOWN OF MARANA, ARIZONA, this 15~` day of September, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -September 15, 2009 -Page 223 of 224 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, September 15, 2009, 7:00:00 PM To: Mayor and Council Item D 3 From: Steve Huffman ,Intergovernmental Affairs Administrator Strategic Plan Focus Area: Not Applicable Subject: 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: Name: Description: Type: No Attachments Available Staff Recommendation: Upon the request of Council, staff will be pleased to provide recommendations on specific legislative issues. Suggested Motion: Mayor and Council's pleasure. Regular Council Meeting -September 15, 2009 -Page 224 of 224 PROCLAMATION FAMILY DAY WHEREAS, the use of illegal and prescription drugs and the abuse of alcohol and nicotine constitute the greatest threats to the well-being of American's children; and WHEREAS, fourteen years of surveys conducted by The National Center on Addiction and Substances Abuse at Columbia University have consistently found that the more often children and teenagers eat dinner with their families the less likely they are to smoke, drink and use illegal drugs; and WHEREAS, parents who are engaged in their children's lives through such activities as frequent family dinners are less likely to have children who abuse substances; and WHEREAS, family dinners have long constituted a substantial pillar of family life in America. NOW, THEREFORE, the Mayor and Council of the Town of Marana do hereby proclaim the fourth Monday of every September as FAMILY DAY - A DAY TO EAT DINNER WITH YOUR CHILDREN Dated this 15th day of September, 2009. ATTEST: ocelyn .Bronson, Town Clerk ~~ ~ Mayor Ed Honea STATEMENT OF AGENDA CONFLICT I, _~~~ _!?$ =_~.~ ~!~~=____, declare a conflict on Agenda Item Cr . ~v (please print) ~PS ~~~- 1~C1------ entitled: t="~Vlaf _~(af--~~-~'_a~a_ ~~a~~~ ~~~"-~.i~ For the following reason(s): -~~ _~ . ~, Signature Date 10:53:51 AM/10/7/2005/jcb