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HomeMy WebLinkAboutCouncil Agenda Packet 05/04/20041,~._J Mayor Vice Mayor Council. Member Council Member Council Member Council Member Council Member Town Manager TOWN OF MAR.ANA, ARIZONA COUNCIL MEETING` AGENDA 13251 N. Lon. Adams. Road. May 4, 2004 - 7Q0 p.m. Bobby Sutton, Jr. Herb Kai Jim Blake Patti Comerford Tim Escobedo Ed Honea Carol McGorray Mike Reuwsaat Welcome to this Marano Council Meeting. Regular Council Meetings are usually held the first and third Tuesday of each month at 7:OQ g.m. at the Marano Town Hall, although the date or time may change, or Special Meetings may be called at other times. andlor places. Contact Town Hall or watch for posted agendas for other meetings. This agenda maybe revised up to twenty-four hours prior to the meeting. In such a case a new agenda will be posted in place of this agenda. If you are interested in speaking to the Council during petitions and Comments, Public Hearings, or other agenda items, you must fall out a speaker card (at the rear of the Council Chambers} and deliver it to the Clerk in advance of the agenda item you wish to address. It is up to the Mayor and Council whether individuals will be allowed to address the Council an issues other than Announcements, Petitions & Comments, and. Fublic Hearings, All persons attending the Council Meeting, whether speaking to the Council or not, are expected to observe the Council Rules, as well as the rules of politeness, propriety, decorum and good conduct. Any person interfering with the meeting in any way, or acting rudely or loudly will be removed from the meeting and will not be allowed to return. To better serve the citizens of Marano and othexs attending our meetings, the Council Chamber is wheelchair and handicapped accessible. Any person who, by reason of any disability, is in need of special services as a result of their disability, such as assistve listening devices, agenda materials printed. in Braille or large print, a signer for the hearing impaired, etc., will be accommodated. Such special services are available upon prior request, at least ten. (10) working days prior to the Council Meeting. For a copy of this agenda or questions about the Council Meetings, special. services, or procedures, please contact Jocelyn C. Bronson, Town Clerk, at 682-34Q1, Monday through Friday from 8:QQ a.m. to S;QO p.m. ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA. Amended agenda items appear in italics. Pns#ed no Iater than A ri130, 2U04 by 7:Q0 o'cIock p.m., at the Marano Town Hall, Marano Police p Department, and the Marano Development Services Center. • TQWN OF 1VZARANA, ARIZONA COUNCIL MEETING AGENDA 13251. N. Lon Adams Road May 4, 2004 - ?OQ gm. I. GALL TQ ORDER II. PLEDGE OF ALLEGIANCE III, INVQCATIUN/MOMENT QF SILENCE lV. ROLL CALL V. APPR.QVAL QF AGENDA. VI. .ACCEPTANCE OF NIINLITES Minutes of the Apri120, 2004 Council Meeting • VII. CALL TQ THE PUBLIC ~ ANNOUNCEMENTS ~ INTRpDUCTIONS M UPCOMING EVENTS At this tune, any member of the public is allowed to address the Town Council on any issue not already an tonight's agenda. The speaker may have up to three (3} minutes to speak.. Any persons wishing to address the Council must complete a speaker card. (located at the rear of the Council chambers) and deliver it to the Town Clerk prior to this agenda item being called. Pursuant to the Arizona Open Meeting Law, at the conclusion of Call to the Public, individual members of the Council may respond to criticism made by those who have addressed the Council, may ask staff to review the matter, or may ask that the matter be placed Qn a future agenda, VIII, STAFF REPORTS IX. GENI~RAL QRDER QF BUSINESS A. CONSENT AGENDA The consent agenda contains agenda items requiring action by the Council which are generally routine items not requiring council. discussion. A single motion. will approve all items on the consent agenda, including any resolutions or ordinances. A Council Member may remove any issue from the consent agenda, and that issue will be discussed and voted upon separately, immediately following the consent agenda. 1. Resolution No. 2004-5Q: Relating to Water Service, Approving and Authorizing the Execution of the Agreement between the Town of Marano. and Richmond American for Construction of Water Facilities Under Private Contract for Gladden Farms Block 6 (Brad DeSpain} 2. Resolution No. 200451: Relating to Water Service; Approving and Authorizing the Execution of the Agreement between the Town of lklarana and Richmond American far Construction of Water Facilities Under Private Contract for Gladden Farms Block 10 (Brad DeSpain) 2 • TOWN OF MARANA, ARIZONA COUNCIL MEETING AGENDA 13251 N. Lon Adams. Road May 4, 2004 - ?QO p.m. 3. Resolution No. 2004-53: Relating to Subrdivisions; Approving a Final Plat for Continental Reserve Blocks 18,19 and a portion. of 17 (.Kevin Kish} 4, Resolution No. 2004-54: Relating to Subdivisions; Approving a Final Plat for Canyon Pass III-B Resubdivisan (Kevin Kish} 5. Resolution No. 2004-55: Relating to intergovernmental relations; Approving and authorizing the execution of an Intergovernmental Agreement with the Pascua Yaqui Tribe far infrastructure improvements within the Yoem Pueblo community (Frank Cassidy} 6. Proclamation regarding„ 35th Annual Municipal Clerks Week (Jocelyn Bronson} 7. Proclamation regarding Neil Giuliano, retiring Mayor of the City of Tempe (Jocelyn Bronson} B.. COUNCIL ACTION 1. PUBLIC REARING -Ordinance No. 2004.08 and Resolution No, 2004-52; Relating to Development; Declaring a Public Record; Adopting Subdivision Street Standards Manual for the Town of Marano (Jim DeGroad} 2. Presentation by ~lhe sConsulate ~f Mexico regarding ~consnlar Identification (Mike Reuwsaat} ' 3, State I:egislative Issues - DiscussonlDirectionlAction regarding all. pending bills before the Legislature (Mike Reuwsaat} C. MAYOR AND COUNCIL'S REPORT D. MANAGERS' REPORT ~. FUTURE AGENDA ITEMS K.T. ADJOUR~tMENT Bobby Sutton, Jr., Mayor 3 I~~TINUTES OF REGULAR COUI~TCIL iti~1EETING MARANA TO«'NHALL rv . ~ ;APRIL 20, 20~ • PLACE AND DATE Marana Town Hall, Apri120, 2004 I. CALL TO ORDER By Vice Mayor-Kai at 7:01 p.m. II. PLEDGE OF ALLEGIANCE Led by Mayor Sutton ,III. INVOCATION/MOMENT OF SILENCE A moment of silence was observed in honor of Leilani Schisler, who recently passed away. IV. ROLL CALL COUNCIL Bobby Sutton, Jr. Mayor Present Herb Kai Vice Mayor Present Jim Blake Council Member Present Patti Comerford Council Member Present Tim Escobedo Council Member Present Ed Honea Council Member Present Carol McGorray Council Member Present STAFF Mike Reuwsaat Town Manager Present Jaret Barr Interim Development Services Admin. Present Frank Cassidy Town Attorney Present Jocelyn Bronson Town Clerk Present Attached is a list of public attendees. V. APPROVAL OF AGENDA Upon motion by Council Member Escobedo, seconded by Vice Mayor Kai, the agenda with an amendment was unanimously approved. The change was that Item IX. A. Consent Agenda 4, Resolution No. 2004-48, was moved to Item IX. B. Council Action 1. 1 ~11NUrTF.S OF REGULAR COUNCIL ~IF,ETIN7G MARANA TOWN H~~~LL APRIL 20, 200 VI. ACCEPTANCE OF MINUTES Upon motion by Council Member Comerford, seconded by Council Member McGorray, .the minutes of the April 6, 2004 Town Council Meeting were unanimously approved. VII. CALL TO THE PUBLIC/ANNOUNCEMENTS Steve Temple, Western Heritage Committee, addressed the Council and provided an update of the rescheduled Founders' Day Rodeo events which were cancelled on March 13~ because of rain. He said that events to be held on Friday evening, Apri123rd would include team roping, an open cowboy calf roping, and the Town Challenge calf dressing event. Mr. Temple continued by listing a variety of youth events scheduled for Saturday morning, April 24~ and he noted that Mayor Sutton would present commemorative Western Heritage buckles to the Marana Man & Woman of the Year at approximately 10:30 a.m. He related that adult team roping would take place during the evening hours on Saturday. He noted that events Sunday, Apri125~ included barrel racing and the presentation of commemorative Western Heritage saddles to the winning competitors. He made a call to the public for participants and urged everyone to attend the rodeo event. Mayor Sutton recognized the Pima Association of Governments' PAG) new Executive Director, Gary Hayes, who was present in the Council meeting audience..The Mayor said that Mr. Hayes was already doing good things for PAG and setting guidelines for its new direction. Brad DeSpain presented the Mayor with a western belt from the Western Heritage Association to go with a buckle previously presented to the Mayor. Bob McCrae, Berry Acres resident, spoke before the Council about safety concerns and flood issues associated with his neighborhood. He asked that the Council and Town staff stay in touch with the processing of work on the floodplain reorganization in that area. He said that mosquito problems were present in Berry Acres because of ponding and stagnating of the agricultural drainage waters. He asked if there was any way for Town officials to mitigate the amount of water going into the bar ditches. He added that there had .not been any further discussion about the Town s possible purchase of the Linley Water Company and he said that he hoped this issue would be a topic of Council discussion again soon. Mayor Sutton asked the Town Manager to update the Council on the stated Berry Acres issues. 2 l~~'UTES OFREGtiLAR COUNCIL. I~1EI:TING 1~~IARANA 'TOWN l IALL APRIL 20, 200 Council Member Escobedo commented that a meetin was recentl held with g Y Pima County officials regarding changes to the floodway patterns and he predicated that information would be available to the public in the immediate future. He said that the purchase of the area's water company was still being discussed. Council Member Honea said that he believed that Pima County had informed the Town staff that the floodplain changed from floodway to floodplain on approximately 95% of Berry Acres and that the proposed changes should be approved sometime this year. Mr. Reuwsaat stated that a weekly meeting focusing on the floodplain issues was being held with Pima County and Town senior staff and that Board of Supervisor Chair Sharon Bronson was also in attendance at these meetings. He said that the letter of map revision for the levee on Sanders Road should be issued fairly soon and said that Pima County staff had been invited to report on this matter at the May 4, 2004 Town Council meeting. He said that the Towri s map revisions from Sanders Road to the Pinal County line were tied to the County process. He said that part of the process, which the County would explain at the first Council meeting in May, was that once the County and the Town received the notification that the letter of map revisions has been finalized, there would be a 90-day public comment period in order to deal with technical issues. Mr. Reuwsaat mentioned that the delineation of the floodplain/floodway from Continental Ranch to the Pinal County line could be expected before the end of the year and added that County staff would also discuss the resident notification process that would be used for instructions on obtaining flood insurance refunds from the last year. He concluded by noting that this topic would be listed as an informational item on the May 4~ Town Council agenda. Ed Stolmaker, Marana Chamber of Commerce, gave a brief update of the Chamber's first quarter. This report was distributed to the Council and has been made a permanent part of this record. Mr. Stolmaker said that Mr. Reuwsaat and Mike Hein, Pima County Deputy Administrator, had all attended the Chamber's board meeting on Monday, April 19~ where discussion of the May 18~ bond election took place. He reported that the board had voted in support of the five general obligation bonds as well as the sewer revenue bond. He said that he was appreciative of the Towri s support of the bowling tournament held on Saturday, April 17~ at Bedroxx Bowling and reported that the event had been a huge success. Mr. Stolmaker said that he had recently been informed by the Arizona Department of Transportation (ADOT) regarding the replacement of the tourism signs along I-10. He reported that the signs would not be replaced for at least another three weeks instead of by the end of April as promised. 3 1~~IINL)ThJS OF RIJGULAR COUNCIL I~IEFTING MARANA TO«'N I-TALL APRIL 20, 200 VIII. STAFF REPORTS There were no questions regarding the staff reports. IX. GENERAL ORDER OF BUSINESS A. CONSENT AGENDA 1. Resolution No. 2004-44: Relating to Animal Control Services; Approving Amendment No. 1 of the Intergovernmental Agreement with Pima Animal Care Center for the Provision of Animal Control Services within the Town of Marana (Jocelyn Bronson) 2. Resolution No. 2004-45: Relating to Marana Founders' Day; Approving the third weekend in March of each year for the official celebration (Jocelyn Bronson) 3. Resolution No. 2004-47: Relating to Public Works; authorizing acceptance of the counteroffer to purchase land owned by Ina & Silverbell I Limited Partnership on the Southeast corner of Ina Road and Silverbell Road (H. Thomas Gill) Upon motion by Council Member Honea, seconded by Council Member McGorray, the consent agenda as amended was unanimously approved. Item IX. A. 4. Resolution No. 2004-48, was previously moved to IX. B. Council Action. B. COUNCIL ACTION A. 4. Resolution No. 2004-48: Relating to Water Service; Approving and Authorizing the Execution of the First Amendment and Addendum to Town of Marana Agreement for Construction of Water Facilities and Provision of Water Utility Service between the Town of Marana and Diamond Ventures, Inc., Continental Reserve, LLC and Pima Farms 160 LLC, pertaining to the Ironwood Reserve Project. Mr. Reuwsaat presented this item before the Council and explained that text clarifying the entity responsible for the agreement had been added to the originally proposed resolution. • 4 1~1INUTI;S OF' RI+~GULAR COUNCIL 1~~TEETING 1~1ARANA'I'OWN IIALL APRIL 20, 200 Mr. Cassid ointed out that the a Bement was essentiall the same as Y P ~' Y previously distributed to the Council and that a corrected version would be made available to the Mayor for signature if approval was given. Upon motion by Council Member Honea, seconded by Council Member Blake, Resolution No. 2004-48 was unanimously approved. 1. Resolution No. 2004-46: Relating to Boards, Commissions and Committees; Approving the Formation of the Marana Teen Advisory Council (Mike Brummett) Mr. Brummett, Recreation Coordinator for Teen Programs, addressed the Council regarding this item. He introduced the Marana Teen Advisory Council's Planning Committee members which included Chief Richard Vidaurri, Jane Howell, Randy Robbins, Tim Escobedo, Laurie Shepherd, Bill Derfus, Ed Stolmaker, and Jocelyn Bronson. He gave a brief background of the proposed action and said that the Planning Committee had visited a Peoria, Arizona youth committee meeting in order to view firsthand a teen council in action. He reported that the Planning Committee had surveyed approximately 1,600 Marana High School (MHS) students about their interest in a teen council as well as for their input on youth/student activities. He said that 1,550 responses had been received and 49 students expressed interest in serving on the teen council. He pointed out that 23 of the 49 students were Marana residents and, following Council approval, applications would be submitted to the Council for consideration. He acknowledged the assistance of Jan Truitt, MHS Principal, saying that she had been very supportive and helpful during the investigative and formation process. Council Member Escobedo commended the. Town staff members for their work on this project. He said that the Marana Teen Council would not mirror Peoria's youth group but would be aiming toward a higher level of community participation by the teen council members. He stated that there would be the opportunity for the youth council to make recommendations to the Town Council regarding teen issues and activities. He announced that Mike Brummett would be the Teen Advisory Coordinator dealing directly with the youth. He explained that the planning committee members would also continue to be involved and would comprise a second advisory tier for the teen council to consult prior to the submission of recommendations to the Town Council. 5 ~11INUTES OF REGULAR COUNCIL MEETING MAR.ANA TOWN MALL APRiL 20, 200 Upon motion by Council Member Escobedo, seconded by Council Member Honea, Resolution No. 2004-46 was unanimously approved. 2. PUBLIC HEARING: Ordinance No. 2004.07: Relating to development; rezoning the 103-acre Willow Ridge property along the south side of Cortaro Farms Road east of Hartman Lane and west of Star Grass ~o R-6 (60 acres), R-16_(34 acres) and NC (9acres). (Kevin Kish) Mr. Cassidy explained the technical items that were being proposed for change in Ordinance No. 2004.07. He said that a boundary survey which was recently performed reflected a more accurate accounting of the acreage included in the rezoning request than the Pima County Assessor's records. He said that the corrected ordinance included minor changes and now referred to 104.6 acres as opposed to the originally stated 102.97 acres. He explained that the property changing to R-6 was 60.8 acres instead of 60 acres, the NC would be 9.7 acres instead of 9 acres, and the acreage changing to R-16 would be 34.1 acres instead of 34 acres. He continued by outlining other changes to the proposed ordinance including several minor right-of-way issues that needed clarification and a new section, Section 5, had been added. He explained that the new section authorized the Mayor to execute the ordinance upon the Town's receipt of a fully executed Willow Ridge Development Agreement. Mayor Sutton opened the public hearing. Sonja Macys, representing the Tucson Audubon Society, addressed the Council regarding the organization s concerns with the proposed rezoning action. Ms. Macys presented the Council with a letter outlining these concerns and it has been made a permanent part of this record. She said that a meeting had taken place with Town staff on Monday, April 19~, in order to discuss the listed concerns. She noted that, as landowners of a nature preserve on Tucson s northwest side and as project managers of a large restoration project along the Santa Cruz River just south of the Pinal County line, the Tucson Audubon Society had an interest in the area in question and wanted to assist with the development process in a way that would benefit the wildlife. She pointed out that the proposed rezone area was within environmentally sensitive lands and that the current residential zoning designation was appropriate but that an additional commercial designation would not be compatible with the sensitive area. She said that, as a recovery area for the cactus ferruginous pygmy-owl, the property contained two of the pygmy-owl crossings within the development plan. 6 ~~_~ M1NL7TES OF 12EGLTLAR COUNCIL MEETING !~~IARANA TO~i'N HALL APRIL 20, 200 She said that the Tucson Audubon Society had provided recommendations for area improvements which outlined ways to open up the areas for viability and maintenance of the corridors. She said that one of the main concerns was insuring that mitigation occurred and that it would be a high priority. She remarked that this rezone effort was considered an open license for future developers to follow which could potentially cause the loss of the remaining habitat in the newly annexed area. She asked that the Town consider the option of acquiring some of the adjacent lands for mitigation purposes or to explore the possibility of acquiring easements from the area property owners. She mentioned that the homeowners association was proposed to be the monitor of the conservation easement and that this had not been an effective mechanism in the past for insuring habitat conservation. She suggested that the development be required to pursue the easement monitoring in partnership with the Arizona Open Land Trust or another organization experienced in conservation monitoring. She continued by saying that the assessed impact fees were appropriate and necessary. She communicated her belief that this was a step in the right direction in trying to provide for some mitigation for developments and that the Town of Marana had taken a position of leadership on this issue. She thanked the Council and senior staff for this consideration and also for the Towri s endorsement of the Open Space bond which will appear on the May 18~ ballot. She concluded by asking the Council to reconsider approval of the proposed rezoning ordinance and to keep the property as currently zoned which would, in her opinion, provide for a habitat protection area. Jenny Neeley, representing Defenders of Wildlife, spoke before the Council about concerns with the rezoning ordinance. She said that her group had a particular interest in the action because of the likely impact on recovery efforts for the pygmy-owl. She thanked the Town for including the Defenders of Wildlife in its conservation planning efforts several years ago but said that there were still concerns remaining with the pygmy-owl habitat preservation. She said that the rezone area encompassed some of the last remaining and most significant pygmy-owl habitat left in Arizona and had been proposed as critical habitat for the pygmy-owl by the U.S. Fish and Wildlife Service. She stated that the area also fell within the recovery area #3 as well as the Northwest Tucson Special Management Area and the most current draft of the recovery plan. • 7 MINUTIi1S OF REGULAR COQNCIL I~~IEE1'ING ~LaRANA TO`~'i~t HALL APRIL 20, ?00-t Ms. Neele added that the ro osed rezonin area was also directl Y P P g Y adjacent to the designated high conservation value area of Northwest Tucson, the only area in the entire region to receive that designation in the pygmy-owl recovery plan. She described the area as an occupied breeding habitat and extremely significant to the survival and recovery of the pygmy-owl. She confirmed that her organization believed that the rezoning effort would jeopardize the continued existence of the pygmy-owl and urged the Council to reconsider the rezoning action. She asked that the Council delay the approval of the ordinance. Carolyn Campbell, representing the Coalition for Sonoran Desert Protection, voiced her concerns regarding the proposed Council action. She stated that the land involved in the rezone effort was not only critical to the survival of the pygmy-owl but also pivotal in the overall habitat preservation. Ms. Campbell said that there were concerns about the Willow Ridge development and that the environmental impacts to the area would be devastating. She said certain conditions of the Willow Ridge Development Agreement should be made more explicit and better defined in terms of benefiting the native wildlife. She said that additional mitigation should be incorporated as well. She thanked the Council for its leadership role associated with the upcoming Pima County Open Space bond issues. Kevin McHugh, Executive Director of Desert Watch, voiced his opposition to the rezoning effort. He noted that members of Desert Watch had served on many municipal advisory committees regarding environmentally sensitive lands and on the Pima County Bond Advisory Committee. He disclosed that, prior to Willow Ridge officially becoming a development project, an agent of the developer met with his organization to formulate a set of environmentally sensitive design. recommendations. He pointed out that very few of those recommendations -were included in the proposed development plan. He said that he was not present to speak for Desert -Watch but to speak as a private citizen. He noted that he was sympathetic for the Town officials in terms of the amount of pressure being exerted from the property owners wanting to develop their holdings. He stated that it was his understanding that this project was the subject of a lawsuit over technical and procedural errors in the annexation process. He asked the Council to delay making a decision of any rezoning or any development plans on this parcel until the annexation dispute was settled. • 8 MINUTES OF RCGULAR COUNCIL 1~1E1+~T1NG I~~IARANA'I`OWN HALL APR1L 20, ?00~ Mr. McHugh said that he had researched Marana's records and found a quote from a former Marana official. He did not identify the former official but read the quote into the record as follows: Rooftops are not economic development and allowing commercial development away from the urban commercial core makes no economic sense. It cannot pay for the cost of infrastructure or services." He asked that the Council consider the quote as they made their decision on this item. He also asked that the Council delay the decision regarding the rezoning effort until after the annexation legal matters were settled. Mr. Barr stated that there had not been any official notification to the Town of any pending legal action associated with the Camino de Oeste annexation. He added that the Town stood by its procedural process. Mayor Sutton commented that this issue would be addressed later in .the public hearing. .Doug McVie, Cortaro Farms Road area resident, spoke before the Council regarding this matter. He said that he and his wife had both served on Pima County's initial Comprehensive Plan Committee and on the Plan's recent update committee, as well as the Sonoran Desert Conservation Plan's Steering Committee, and the pygmy-owl recovery plan committee. He said that they opposed the Willow Ridge up zoning because they felt it was inconsistent. with the Marana General Plan, that it was inconsistent with the goals of the Sonoran Desert Conservations Plan, and with the Pima County Comprehensive Land Use Plan. He added that he believed the rezoning effort to also be inconsistent with the recovery of endangered species in the area and inconsistent with the existing land uses in the Cortaro Farms Road area. He commented that this was. not an in-fill project surrounded by low to medium density residential as the applicant claimed but that the property was surrounded only by low density residential, mainly suburban ranch, which was one of the lowest density most restricted zoning classifications in Pima County. He quoted from the Cortaro Farms Road Environmental. Assessment & Mitigation Report, Chapter 2, Page 3, "More than 50% of existing zoning on both sides of proposed right-of-way is low density residential suburban ranch. He said that a number of people had spoken previously in the meeting about the sensitivity of the desert lands in this area and he said that he was also concerned that the up zoning threatened all the sensitive lands in the area and was setting the stage for the entire Cortaro Road's scenic route to be transformed into strip malls and generic tract homes. 9 MINUTES OF RLGUL~~R COUNCIL i'~~IELTING n~IARANA 'I'O«'N H1~~LL r1PRiL 2u,,2Q0~ He continued by saying that the development plan called for only 25 % of the land to remain natural and undisturbed and that this was a poor way to treat environmentally sensitive lands. He said that transplanting vegetation to other parks, community centers or natural preserves did nothing for the onsite mitigation and actually threatened the survival of the plants. He spoke about the widening of Cortaro Farms Road and said that it had been held out as a big bonus to the community but that the developer's plan to improve less than half of the Cortaro Farms Road project did not benefit the community. He asked that consideration be given to the extra vehicle trips the development would generate on Cortaro Road and said that he believed the project's increased development was a terrible price to pay for one mile of widened roadway. He said that the level of service, east of Camino de Oeste, at the Cortaro/I-10 interchange, was already substandard and that this project did not improve these key areas but would make the level of service to these areas worse. He said that he was concerned with negative comments made by Planning Commission Chairman Dave Parker at the Planning Commission hearing related to this action. He stated that the Chairman had commented negatively about this planning of this project and said that he felt that developers were driving the planning of Marana. He continued his address to the Council by stating that a number of people had asked if the commercial development was necessary and that it was put forth by the Town and the developer that the commercial development would actually help with traffic congestion on Cortaro Road. He said that he did not believe this to be true. He noted that the portion of Cortaro Road east of this project would not be widened and was more overburdened than the portion of roadway in question, being 1,000 trips per day more overburdened. He asserted that the road survey being distributed and championed by the Town was not a good thing. He concluded by stating that the Pima County residents paid in the past bonding effort to have the entire road widened and that this should be done in a timely manner and without extra development in the area. Gary Brown, representing Desert Son Community Church, spoke before the Council regarding the proposed rezoning effort. He voiced his approval of the action and said that his fellow church members had reviewed the proposed plan and believed that the wildlife corridors and open space connections were well done. He said they believed that the setbacks were appropriate with varying height levels on the homes and that 75 % of the ironwood trees would be saved. He said he believed there was a total of 30 to 40% of open space available and that the commercial development was present because it would reduce the traffic coming onto Cortaro Road. 10 MINUTES OF REGULAR COUNCIL MEIaJTING M~ItANA TOWN. HALL APRIL 20, 200 Mr Br wn aid he thou ht this was a ood fill-in ro'ect and that 15% of o s g g P J the church's property would be required in order to accomplish the roadway widening. He pointed out that due to the safety issues, it was a good thing to do at this time. He said that the church membership was especially excited about the partnership between the Town of Marana, Pima County, and the developer to widen the road before the 2008 timeframe associated with the 1997 bonds. He said that the safety access and functionality plan was excellent. Mr. Brown then said that his next statements would be spoken as a private citizen and not as a representative of his church. He said that there were 8,000 Pima County residents who were in favor of the wildlife preservation but it should be noted that there were also 792,000 County residents that were in favor of development. He said that the concerns from the environmental advocates had been overwhelmingly voiced and that it was time to hear from the human voice that accepted growth and wanted wise planning. He said that the human safety factor needed to be considered and not simply pygmy-owl safety. Molly Brown, 30-year resident of Cortaro Farms Road, addressed the Council on this issue. She said that her property adjoined the church's property and was directly across from the Willow Ridge project. She said that she had never seen apygmy-owl in all the years she had resided on Cortaro Farms Road. She stated that safety was her main concern as her grandson had been struck by a vehicle on Cortaro several years ago and had been seriously injured. She said that she was very much in favor of the proposed project and rezoning. No additional public speakers came forward. Mayor Sutton closed the public hearing. Mayor Sutton asked the Town Attorney to-address any legal issues he was aware of that were associated with this project. Mr. Cassidy replied that he was not aware of any legal issues connected to this project or to the annexation of the property. Kevin Kish addressed the Council and gave a brief description of the proposed development. He listed the zoning designations included within the 103-acre property as well as subdivision features such as setbacks and building height restrictions. He said that the project illustrated Marana's commitment to coordinate land use development with related transportation improvements to better-serve the community. 11 ,. MINCiTLS OF RTGULAR COUNCIL ~VIEETiNG MARANA TOV1'N HALL _ APRIL 20, 200 He noted that there were 31 conditions outlined in the amended ordinance before the Council and said that staff recommended approval. Mayor Sutton commented that one of the public speakers had said that there would not be any traffic improvement or upgrade to the level of service to the community after the roadway widening. He said that this was far from what he had in his mind of what the improvements would do for the Marana citizens. He asked Jim DeGrood to address this issue. Mr. DeGrood responded and stated that this project would be generating approximately 2,000 new vehicle trips onto Cortaro Road with about 60% of those trips on the element of roadway to the west to the freeway and that the project would add 800 to 900 vehicles per day to the roadway element to the east. He said that a recent count of vehicles on Cortaro Farms Road suggested that approximately 24,000 vehicles per day traveled the roadway and that this number was well above the rated capacity of the roadway. He pointed out that this factor was the main reason the Town felt so strongly that there was an eminent need to improve that roadway by widening it to four lanes which would easily accommodate those trips on the roadway to -the west. He described the commercial development as a neighborhood commercial which ordinarily normally were seen as areas that diminished trips bound for other destinations and did not significantly add to the total number of trips. He pointed out that statistics indicated that these types of commercial developments actually shortened trip lengths. He emphasized that one safe guard for this project was to make sure that no homes were occupied before the four-lane roadway improvement was completed. Mayor Sutton said that Carolyn Campbell's suggestion to have an experienced organization monitor the sensitive land area as opposed to the homeowners' association sounded like a good idea. Mr. Reuwsaat remarked that it was a good idea but that it was a dilemma currently faced by every project located within sensitive habitat areas. He said that high maintenance costs and agreement on what would be sustained was an issue for the every jurisdiction throughout the County. He mentioned that the Town was in discussions with Pima County over this issue as the County reviewed its open space acquisitions and future plans. 12 MINCT'TES OF REGULAR COUNCIL ~1EETING MARANA TOWN HALL APRIL 20, 200 Mayor Sutton asked if the system of checks and balances for this type of HOA projects were significant enough to give the homeowners associations proper monitoring guidelines. Mr. Reuwsaat replied "yes" and said that the language provided in the development agreement was flexible and did not require the monitoring agent to be an HOA. He said that there were other options available. Mayor Sutton asked if the County had a position on the Camino de Oeste annexation and Willow Ridge rezoning effort. Mr. Reuwsaat said that no official position had been taken by the County on the annexation or rezoning. He pointed out that Pima County had recently entered into an IGA with the Town where the County will transfer $7M out of the 1997 bond issue to the Town for the Cortaro Road improvements. He pointed out that this project dealt with wildlife crossings and transportation as well as resolving most of the drainage issues of the entire area. Mayor Sutton commented that this was a huge environmental issue and he thought that a lot of pressure was being applied to the Marana officials that this was the Towri s call. He said that the project had to go through all the required conditions based on habitat and the pygmy-owl requirements, regardless of what the Town passed. The Mayor asked that Mr. Kish comment on the on-site and off-site mitigation. _ Mr. Kish said that this project required consultation with the U.S. Fish and Game and that the developer had been meeting with the federal agency. He noted that the project's design was based on input from the Fish and Game department. He emphasized that the federal agency was not going to approve anything that resulted in an adverse modification to the habitat which was their stewardship. He said that Town staff was comfortable with the project from that standpoint. Mr. Barr added that there was a symbiotic relationship not only between the development and the environment but also between this project and the needed drainage solutions, the necessary road improvements, and the needs of the community in relation to the development. He said that the Town staff was working with the U.S. Fish & Wildlife in identifying not only land mitigation but other open space contributions in environmentally sensitive areas. 13 MINUTES OF REGULAR COUNCIL ~1'IF,FTTNG MAR~~NA TOWN HALL APRIL 20, 200-I Mr. Barr said that the staff did not disclose the fact that miti ation g properties were being considered by the Town because they did not want the land owners to raise prices. He said that other developers were already speculating on a 37-acre parcel which U.S. Fish & Wildlife considered even more critical habitat than the Willow Ridge properties but that the price was too high for the Town to pay for mitigation purposes. Mayor Sutton mentioned that suggestions had been made to delay the Council's decision on the rezoning and the development agreement. The Mayor said this was not necessary and pointed out that there were plenty of checks and balances in place associated with this project. He said that he had never seen a rezoning effort with 31 conditions. He brought up another comment by Ms. Campbell regarding the Towns history of support for conservation planning and environmental consciousness. He said that the Town was a leader in certain areas of this type, noting that Marana was the first municipality to have its own Area Conservation Plan (ACP) and the first jurisdiction to endorse the Open Space bonding effort as well as the rest of the bond issues. He said that the Town was moving in a good direction and that voices from all viewpoints would always have an opportunity to be heard by the Council. He said that aside from swing set issues or Little League problems, the issues he received the most calls about were roadway improvements and drainage problems. He said that he understood both sides of this rezoning issue but that there was no pressure on the Council to help any landowner cash out. He emphasized that the only pressure the Council had was to protect its citizens and do what was best for the environment. Mr. Barr thanked Ms. Macys, Ms. Campbell, and Ms. Neeley for adding their perspectives to this issue. He said that he thought the women had made positives comments and that they would be invited to sit down with the Town when the plat was ready for review. Mr. Reuwsaat said that what came to his mind was balance with the environment and the urban environment. He said that innovation on the Towri s part was also important. He said that the rezoning and the development agreement were a stellar example of both balance and innovation in trying to meet the needs of all parties in order to make this project viable. There was no further discussion of this item. 14 MINUTES OF IZEGIJLAR COUNCIL MEETING MARANA TOWN HALL APRIL 20, 200 Upon motion by Vice Mayor Kai, seconded by Council Member Honea, Ordinance No. 2004.07 with the recommended conditions and amendments was unanimously approved. Council Member Escobedo thanked the Town Staff and fellow Council members for their outstanding work on this project. He said that he was appalled that someone would reference nonexistent lawsuits in their debate and that, if legal actions were an issue, then the Council action would have gone in a different direction. 3. Resolution No. 2004-49: Relating to development; approving and authorizing the execution of a development agreement relating to the Willow Ridge development project (Frank Cassidy) Mr. Cassidy presented this item before the Council and said that this was the development agreement that carried out .many of the obligations and commitments under the previously heard zoning case. He noted that a ...revision was distributed before the meeting but that all of the fundamental elements of the agreement had stayed the same. He described the changes and said that the developer was agreeing to pay the existing Marana South Transportation Development Impact fee of $2,435 per unit for the Twin Peaks Interchange and would contribute $6,400 per residential unit for the environmental and park items that have been discussed. He said that the developer would also contribute at least $700,000 toward the design and construction of Cortaro Road including some drainage monies. He pointed out that the money made it possible for the Town to get the roadway construction completed in a timely manner. He said that, per the newly acquired boundary surveys, the property size changed from 102.97 to 104.6 acres and the legal description was now referenced within the agreement. He said that minor wording changes were made to Article 2. Infrastructure, Section 2.1, and Section 2.2. He described the changes to Article 5. Protected Development Rights which allowed for a five year period within which the Town agreed not to change the development regulations. He noted that a two-year extension period was also added and that the timeframe met with the applicable Arizona Revised Statutes §9-1203. He said that Article 8. General Terms and Conditions, Section 8.2. Term, provided for the agreement termination by the applicant if the Town materially impaired the development entitlements on the property. A black-lined copy of this agreement has been made a permanent part of this record. r~ 15 I~'IINUTES OF REGULAR COUNCIL ti'[EFTiNG ~~IAI2ANA TOWN H~~LL APRIL 20, 200 Council Member Blake commented that the develo er would have to pay P $10,035 per lot in impact fees and that he did not know of another jurisdiction that imposed that much in fees. Upon motion by Council Member Escobedo, seconded by Council Member McGorray, Resolution No. 2004-49 was unanimously approved. _ 4. State Legislative Issues - Discussiori/Direction/Action regarding all pending bills before the Legislature (Mike Reuwsaat) There was no report given at this time. C. MAYOR AND COUNCIL'S REPORT Council Member Comerford reported that she was still hurting from the fundraising bowling event recently held at Bedroxx Bowling on Apri117~. D. MANAGERS' REPORT Mr. Reuwsaat reported that he had been speaking with State Representative Jennifer Burns and that she was considering introducing a resolution on the House Floor recognizing the Town of Marana as one of the best managed cities in the U.S. He said that he would keep the Council informed about when this legislation would be before the House for approval so that Council members and Town staff could attend the ceremony. • 16 MIN(TTF,S OF RE(TULAR COUNCIL MEETING ~7ARANA TOWN HALL APRIL 20, 2004 X. ~ FUTURE AGENDA ITEMS There were no items suggested for future agendas. XI. ADJOURNMENT Upon motion by Council Member Escobedo, seconded by Council Member McGorray, approval to adjourn was unanimous. The time was 8:25 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on April 20, 2004. I further certify that a quorum was present. Jocelyn Bronson, Town Clerk • e ~~ ,SOWN Off. TOWN COUNCIL ~ ~~ MEETING TOWN OF MARANA 9 M,ar~ N` ; .INFORMATION , gR1ZONP MEETING DATE: May 4, 2004 AGENDA ITEM: IX. A.1 TO: MAYOR AND COUNCIL FROM: C. Brad DeSpain, Utilities Director SUBJECT: Resolution No. 2004-50: Relating to Water Service; Approving and Authorizing the Execution of the Agreement between the Town of Marana and Richmond American for Construction of .Water Facilities Under Private Contract for Gladden Farms Block 6.- DISCUSSION Richmond American desires to install an On-Site Water Facility to provide service to a development known as Gladden Farms Block 6. Pursuant to an Agreement between the Town of Marana and Richmond American the developer will construct on-site water service. facilities and then pass ownership of these facilities to the Town; the Town will then provide. water service to Gladden Farms Block 6. RECOMMENDATION The .Water Utility Advisory Committee and Staff recommend approval of Resolution No. 2004-50, approving and authorizing the execution of the Agreement between the Town of Marana and Richmond American for Construction of Water Facilities Under Private Contract for Gladden Farms Block 6. SUGGESTED MOTION I move to adopt Resolution No. 2004-50. BLU Gladden Farms Block 6 04/29/20048:38 AMAPM • MARANA RESOLUTION N0.2004-50 RELATING TO WATER SERVICE; APPROVING AND AUTHORIZING THE EXECUTION OF THE AGREEMENT BETWEEN THE TOWN OF MARANA AND RICHMOND AMERICAN FOR CONSTRUCTION OF WATER FACILITIES UNDER PRIVATE CONTRACT FOR GLADDEN FARMS BLOCK 6. WHEREAS, Richmond American intends to facilitate the development of property to be called Gladden Farms Block 6 (the "Property"); and WHEREAS, Richmond American desires to arrange for the provision of water service within the Property in connection with development; and WHEREAS, Marana is willing to provide water service to and within the Property i n accordance with Chapter 14 of the Marana Town Code and in accordance with the terms of the Agreement; and WHEREAS, Richmond American agrees to the construction of on-site water facilities for the Property; and WHEREAS, the Mayor and Council find that the terms and conditions of the Agreement are in the best interest of the Town. • t c: NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MAR.ANA, ARIZONA, AS FOLLOWS: SECTION 1. The Agreement for Construction of Water Facilities under Private Contract between the Town of Marana and Richmond American, attached as Exhibit A to and incorporated here by this reference, for construction of water facilities, is hereby authorized and approved. SECTION 2. The Mayor is hereby authorized and directed to execute, and the Town Clerk in hereby authorized and directed to attest to, said Exhibit A for and on behalf of the Town of 1Vlarana. SECTION 3. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this resolution. PAS SED A ND A DOPTED B Y T HE M AYOR A ND C OUNCIL O F THE TOWN OF MARANA, ARIZONA, this 4th day of May, 2004. Mayor Bobby Sutton, Jr. ATTEST: Jocelyn C, Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney :7 RSO 040504 Gladden Farms Block 6 RSO 2004-50 2 APM 04/27/2004 TOWN OF MARANA AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES UNDER PRIVATE CONTRACT THIS AGREEMENT (this "Agreement"), authorized by Chapter 14 of the Marana Municipal Code, made and entered into this 4th day of May 2004, by and between the TOWN OF MARANA, hereinafter called the Town, and RICHMOND AMERICAN, hereinafter called the Applicant. WITNESSETH: WHEREAS, the Applicant d esires t o i nstall a w ater facility t o p rovide s ervice to the f ollowing described parcel of land (Gladden Farms, Block 6) described on Exhibit "A" attached hereto; and WHEREAS, the following special condition(s) applies to the above-described property only when so indicated by an "X" next to the condition described below: X (1) Prior to the final inspection, Applicant shall pay to the Town all applicable fees as authorized by the Marana Municipal Water Code. X (2) The installation charge for each five-eighth-inch (5/8") meter will be Nine Hundred Dollars ($900.00). WHEREAS, the required plans, specifications, and materials for said facility have been approved by the Town; and WHEREAS, the Applicant desires that the Town take ownership of, operate, and service said water facility; and WHEREAS, the Town is willing to accept said facility and permit it to be connected to the Town Water System provided. it meets Town standards and the work is done in accordance with Town requirements. NOW, THEREFORE, in consideration of the matters and conditions herein set forth, IT IS HEREBY AGREED AS FOLLOWS: I. GENERAL 1. The Applicant shall design and install, at Applicant's own expense, a water facility in accordance with Plan No. ENG-0309-009 and shall conform to the design standards of the City of Tucson Water Department and the Town of Marana Municipal Water Code and special specifications and details as approved by the Town and by this reference made a part hereof. The document referenced herein as Plan No. ENG-0309-009 shall include a plan note for new water facility and any and all alterations to the existing water system and is included herein as Exhibit "B." 2. The work permitted by this Agreement shall be done by a contractor properly licensed by the State of Arizona as determined by the Arizona Registrar of Contractors (A, A-12, A-16) to perform work described herein in accordance with plans approved by the Town. 3. Before any service connections are made to the system herein permitted, the Applicant shall pay to the Town the connection fees required by the Marana Municipal Water Code or any other required fees referenced therein. 4. No s ervice c onnections w ill b e m ade u ntil the s ystem h as b een a ccepted b y t he T own i n accordance with the Marana Municipal Water Code. 5. Any property connecting onto a water main must have a minimum of fifteen feet (15') of frontage upon that main. The provision or existence of a water or other utility easement shall not constitute frontage for purposes of this paragraph. 6. Meter application will be accepted only if the property to be served is fronting the waterline. Only one water meter application will be allowed per legal description unless property owner can provide the Town with justified plans as to what type of improvemenddevelopment is taking place on the parcel of land. If a property owner applies for a meter while the property is fronting the water main and later sells that portion of land which is fronting the water main, the water meter will revert to the new owner unless other arrangements are made and are approved by Engineering Support Services prior to conveyance. 7. The Applicant shall furnish all labor, materials, equipment, supplies, and tools required to complete the work herein permitted. 8. Execution of this Agreement certifies that the Applicant has reviewed the plans and specifications, approved the location of service lines, and is in full accord therewith. 9. Projects that are inactive for more than one year will be canceled, along with the Construction Agreement, if applicable. An unapproved plan will be canceled if more than one year h_ as passed since the last review and the plan has not been resubmitted. An approved plan will be canceled if more than one year has passed since plan approval, and construction has not begun. II. ENGINEERING AND INSPECTION 1. When the cost of construction is greater than Twelve Thousand Five Hundred Dollars ($12,500.00), the Applicant shall employ a registered Civil Engineer to accomplish system design and to lay out and establish control lines and certify the layout according to the approved plans. 2. Any inspector authorized by the Town shall have full inspection authority over the work to be performed hereunder. The Applicant shall furnish the Town Inspector with reasonable facilities for obtaining full information concerning the work. The work shall be subject to Town inspection at all times. Defective work shall be corrected in a manner satisfactory to the Town Inspector. Inspection by the Town is for the purpose of ensuring compliance with plans and specifications only. The Town makes no guarantee as to the safety or engineering soundness of plans prepared by Applicant or any contractor. ~. In the event that, because of contractor scheduling, a Town Inspector is caused to work any overtime, or during any hours other than a normal 40 hours in a work period, or on a legal holiday as defined by the Town, the Applicant or the contractor shall compensate the Town 2 for any additional salaries, expenses or employee benefits relating to such overtime or holiday work. Such additional inspection costs will be billed to the Applicant. A normal work period shall be defined as forty (40) hours in a seven (7) day work period, usually worked on an eight (8) hour day, five (5) day basis, commencing on Monday and ending on Friday, continuing in seven (7) day increments. III. PRECONSTRUCTION PROCEDURE 1. The Applicant shall submit a written request to begin construction to the Town five (5) working days prior to the time the work is to commence. 2. This Agreement shall be completed, signed and notarized, and returned to the Town prior to issuance of a construction permit. 3. No work shall commence until the Town has issued a construction permit which will specify the starting date and a reasonable time for completion. 4. The work shall be commenced and carried on at such points and in such order as may be directed by the Town. 5. Materials used in the construction shall be available for sampling and testing. prior to being used in the work. Materials that fail to meet Town specification shall be removed from the site. 6. The A pplicant s hall, a t A pplicant's a xpense, o btain a 11 n ecessary p ermits a nd 1 icenses f or work p ermined h erein, p ay a 11 f ees a nd c omply w ith all 1 aws, o rdinances a nd r egulations relating to the work, public health and safety, and safety of Applicant's employees or employees of Applicant's contractors. IV. CONSTRUCTION 1. .The Town shall be notified of the date upon which work shall be commenced. 2. The Applicant, or Applicant's designated agent, shall be present at all times during performance of the work. The name of the designated agent and the contractor performing the work shall be furnished to the Town before commencement of the work. Instructions given the designated agent on the work site shall be deemed to have been given to the Applicant. 3. The Applicant shall employ only competent and efficient laborers, mechanics or artisans on the work, and the Applicant agrees to perform the work diligently to complete the work on or before the completion date given in the "Notice to Proceed." 4. The Applicant shall identify and locate all water valves prior to paving and set valve boxes to final grade after paving. 5. The Applicant shall, at Applicant's expense, make any and all alterations to the existing water system either on-site or off-site necessitated by paving, drainage, or other improvements caused by this development. 6. The Applicant shall require the Contractor or subcontractor to comply with all safety requirements of the Occupational Safety and Hazards Act as set forth by the Federal Government and as implemented by the State of Arizona. The Applicant or Applicant's 3 contractor shall be solely responsible for all fines or other penalties provided for by law for any violations of the Occupational Safety Hazards Act. V. INDEMNITY In addition to any liability imposed by law, which liability is not affected hereby, on behalf of Applicant and any contractor hired by Applicant to perform any work hereunder, Applicant shall indemnify, defend, and save harmless the Town, its Mayor and Council, officers and employees, boards, committees and commissions from and against any loss, claim, suit, demand, cause of action, or liability of any nature, including but not limited to damage to property and injuries to persons, including death, arising or alleged to have arisen, in whole or in part, out of any negligent act or omission of Applicant or any such contractor or any subcontractor, or any person employed directly or indirectly, by any of them in the performance of any work or operations pursuant to this Agreement. VI. DEDICATION 1, The Applicant shall, and does, hereby grant, bargain, sell, convey, transfer and deliver to the Town said water facility to be installed pursuant to this Agreement free and clear of all liens, claims, charges or encumbrances upon final acceptance of said work by the Town. 2. The Applicant guarantees the work to be free from all failures due to poor workmanship or materials for a period of two (2) years from the final acceptance date by the Town. • The_ Applicant shall not construct any utility, building, or other improvement that would interfere with the operation or maintenance of the waterline or water facility to be installed pursuant to this Agreement. ~. The Applicant further guarantees that all service lines, meters, and meter boxes will be to fmish grade and that Applicant will remain responsible for raising/lowering said services as required until the area described is fully developed. 5.. The Town shall accept title to and take possession of the said facility upon completion of said work to the satisfaction of the Town; and upon acceptance and approval of said work, the town shall operate and service said facility. THIS AGREEMENT shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties; provided however that Applicant may not assign this Agreement without the prior written consent of the Town. THIS AGREEMENT is subject to cancellation for conflict of interest pursuant to A.R.S. §38-511. • 4 IN WITNESS WHEREOF, the Applicant has executed or has caused this instrument to be executed by its proper officers h ereunto d my a uthorized, a nd t he T own has c aused t his instrument t o be e xecuted b y i is p roper officers thereunto duly authorized, all as of the day and year first above written. Richmond American Homes Applicant By: Signature Title Print Name Street Address City State Zip Code STATE OF ARIZONA) SS. COUNTY OF PIMA ) On this, the day of , 2004, before me personally appeared ,known to me to be the persons who subscribed the foregoing instrument and acknowledge that they executed the same for and on behalf of said person corporation for the purposes and considerations therein expressed. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Public My Commission Expires: THE TOWN OF bZARANA By: Its: • APPROVED AS TO FORM Bv: Town Attorney ATTEST: By: Town Clerk 5 EXHIBIT "A" ~.J LOCATION MAP OF THE DEVELOPMENT WITH LEGAL DESCRIPTION [Please slip the location map of the development behind this cover sheet.] • EXHIBIT "B" INCORPORATION BY REFERENCE OF THE PLANS AND SPECIFICATIONS OF THE ON-SITE WATER FACILITY TO BE CONSTRUCTED HEREUNDER Reference is hereby made to those certain 24" X 36" engineering drawings of the On-Site Water Facility Plans. Copies of such engineering drawings may be reviewed at Marana's offices. Applicant will provide engineering drawings of the On-Site Water Facility in electronic format. Such engineering drawings may be more specifically described as follows: [Please provide a detailed description of the Plans and Specifications including the date and the code number of the Plans and the name of the Engineering firm which prepared the same.] • 7 EXHIBIT "C" INCORPORATION BY REFERENCE OF THE PLANS AND SPECIFICATIONS OF THE OFF-SITE WATER FACILITY TO BE CONSTRUCTED BY THE TOWN OF MARANA HEREUNDER Reference is hereby made to those certain 24" X 36" engineering drawings of the Off-Site Water Facility Plans. Copies of such engineering drawings may be reviewed at Marana's offices. Such engineering drawings maybe more specifically described as follows: [Please provide a detailed description of the Plans and Specifications including the date and the code number of the Plans and the name of the Engineering firm which prepared the same.] • g EXHIBIT "D" r ITEMIZED BREAKDOWN OF THE ESTIMATED COST OF THE ON-SITE WATER FACILITY TO BE CONSTRUCTED HEREUNDER [Please slip a line by line itemized breakdown of the Estimated Cost of the On-Site Water Facility to be installed in accordance with this Agreement behind this cover sheet.] Please set forth the total expense the Developer/Applicant is to incur for the construction. 1'1 LJ • 9 a EXHIBIT "E" • ACTUAL COST OF ON-SITE WATER FACILITIES [To be attached at time of completion.] • 10 T 1pW N ~F TOWN COUNCIL F _ ~~, MEETING TOWN OF MARANA 9 j Karv ; INFORMATION ~, ~RIZON~ MEETING DATE: May 4, 2004 AGENDA ITEM: IX. A. 2 TO: MAYOR AND COUNCIL FROM: C. Brad DeSpain, Utilities Director SUBJECT:. Resolution No. 2004-51: Relating to Water Service; Approving and Authorizing the Execution of the Agreement between the Town of Marana and Richmond American. for Construction of Water Facilities Under Private Contract for Gladden Farms Block 10. DISCUSSION Richmond American desires to install an On-Site Water Facility. to provide service to a development known as .Gladden Farms Block 10. Pursuant to an Agreement between the Town of Marana and Richmond American the developer will construct on-site water service facilities and then pass ownership of these facilities to the Town; the Town will then provide water service to Gladden Farms Block 10. RECOMMENDATION The Water. Utility Advisory Committee and Staff recommend approval of Resolution No. 2004-51, approving and authorizing the execution of the Agreement between the Town of Marana and Richmond American for Construction of Water Facilities Under Private Contract for Gladden Farms Block 10. SUGGESTED MOTION I move to adopt Resolution No. 2004-5 L BLU Gladden Farms Block 10 04/29/20048: 39 AMAPM t r • MARANA RESOLUTION N0.2004-51 RELATING TO WATER SERVICE; APPROVING AND AUTHORIZING THE EXECUTION OF THE AGREEMENT BETWEEN THE TOWN OF MARANA AND RICHMOND AMERICAN FOR CONSTRUCTION OF WATER FACILITIES UNDER PRIVATE CONTRACT FOR GLADDEN FARMS BLOCK 10. WHEREAS, Richmond American intends to facilitate the development of property to be called Gladden Farms Block 10 (the "Propert}~'); and WHEREAS, Richmond American desires to arrange for the provision of water service within the Property in connection development; and WHEREAS, Marana is willing to provide water service to and within the Property in accordance with Chapter 14 of the Marana Town Code and in accordance with the terms of the Agreement; and • WHEREAS, Richmond American agrees to the construction of on-site water facilities for the Property; and WHEREAS, the Mayor and Council find that the terms and conditions of the 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 Agreement for Construction of Water Facilities under Private Contract between the Town of Marana and Richmond American, attached as Exhibit A to and incorporated here by this reference, for construction of water facilities, is hereby authorized and approved. SECTION 2. The Mayor is hereby authorized and directed to execute, and the Town Clerk in hereby authorized and directed to attest to, said Exhibit A for and on behalf of the Town of Marana. SECTION 3. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this resolution. PASSED AND A DOPTED B Y T HE M AYOR A ND C OUNCIL O F THE TOWN OF n~ARANA, ARIZONA, this 4~' day of May, 2004. Mayor Bobby Sutton, 7r. ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney I'1 R50 040504 Gladden Farms Block 10 RSO 2004-51 2 APM 04/27/2004 TOWN OF MARANA AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES UNDER PRIVATE CONTRACT THIS AGREEMENT (this "Agreement"), authorized by Chapter 14 of the Marana Municipal Code, made and entered into this 4th day of May 2004, by and between the TOWN OF MARANA, hereinafter called the Town, and RICHMOND AMERICAN, hereinafter called the Applicant. WITNESSETH: WHEREAS, t he A pplicant d esires t o i nstall a w ater facility t o p rovide s ervice to t he f ollowing described parcel of land (Gladden Farms, Block 10) described on Exhibit "A" attached hereto; and WHEREAS, the following special condition(s) applies to the above-described property only when so indicated by an "X" next to the condition described below: X (1) Prior to the final inspection, Applicant shall pay to the Town all applicable fees as ,,,,,, authorized by the Marana Municipal Water Code. `~" X (2) The installation charge for each five-eighth-inch (5/8") meter will be Nine Hundred Dollars ($900.00). WHEREAS, the required plans, specifications, and materials for said facility have been approved by the Town; and WHEREAS, the Applicant desires that the Town take ownership of, operate, and service said water facility; and WHEREAS, the Town is willing to accept said facility and permit it to be connected to the Town Water System provided it meets Town standards and the work is done in accordance with Town requirements. NOW, THEREFORE, in consideration of the. matters and conditions herein set forth, TT IS HEREBY AGREED AS FOLLOWS: L GENERAL 1. The Applicant shall design and install, at Applicant's own expense, a water facility in accordance with Plan No. ENG-0310-010 and shall conform to the design standards of the City of Tucson Water Department and the Town of Marana Municipal Water Code and special specifications and details as approved by the Town and by this reference made a part hereof. The document referenced herein as Plan No. ENG-0310-010 shall include a plan note for new water facility and any and all alterations to the existing water system and is included herein as Exhibit "B." 2. The work permitted by this Agreement shall be done by a contractor properly licensed by the State of Arizona as determined by the Arizona Registrar of Contractors (A, A-12, A-16) to perform work described herein in accordance with plans approved by the Town. 3. Before any service connections are made to the system herein permitted, the Applicant shall pay to the Town the connection fees required by the Marana Municipal Water Code or any other required fees referenced therein. 4. No s ervice c onnections w ill b e m ade u ntil t he s ystem h as b een a ccepted b y t he T own i n accordance with the Marana Municipal Water Code. 5. Any property connecting onto a water main must have a minimum of fifteen feet (15') of frontage upon that main. The provision or existence of a water or other utility easement shall not constitute frontage for purposes of this paragraph. 6. Meter application will be accepted only if the property to be served is fronting the waterline. Only one water meter application will be allowed per legal description unless property owner can provide the Town with justified plans as to what type of improvement/development is taking place on the parcel of land. If a property owner applies for a meter while the property is fronting the water main and later sells that portion of land which is fronting the water main, the water meter will revert to the new owner unless other arrangements are made and are approved by Engineering Support Services prior to conveyance. 7. The Applicant shall furnish all labor, materials, equipment, supplies, and tools required to complete the work herein permitted. 8. Execution of this Agreement certifies that the Applicant has reviewed the plans and specifications, approved the location of service lines, and is in full accord therewith. 9. Projects that are inactive for more than one year will be canceled, along with the Construction Agreement, if applicable. An unapproved plan will be canceled if more than one year has passed since the last review and the plan has not been resubmitted. An approved plan will'be canceled if more than one year has passed since plan approval, and construction has not begun. II. ENGINEERING AND INSPECTION L When the cost of construction is greater than Twelve Thousand Five Hundred Dollars ($12,500.00), the Applicant shall employ a registered Civil Engineer to accomplish system design and to lay out and establish control lines and certify the layout according to the approved plans. 2. Any inspector authorized by the Town shall have full inspection authority over the work to be performed hereunder. The Applicant shall furnish the Town Inspector with reasonable facilities for obtaining full information concerning the work. The work shall be subject to Town inspection at all times. Defective work shall be corrected in a manner satisfactory to the Town Inspector. Inspection by the Town is for the purpose of ensuring compliance with plans and specifications only. The Town makes no guarantee as to the safety or engineering soundness of plans prepared by Applicant or any contractor. 3. In the event that, because of contractor scheduling, a Town Inspector is caused to work any overtime, or during any hours other than a normal 40 hours in a work period, or on a legal holiday as defined by the Town, the Applicant or the contractor shall compensate the Town 2 for any additional salaries, expenses or employee benefits relating to such overtime or holiday work. Such additional inspection costs will be billed to the Applicant. A normal work period shall be defined as forty (40) hours in a seven (7) day work period, usually worked on an eight (8) hour day, five (5) day basis, commencing on Monday and ending on Friday, continuing in seven (7) day increments. III. PRECONSTRUCTION PROCEDURE 1. The Applicant shall submit a written request to begin construction to the Town five (5) .working days prior to the time the work is to commence. 2. This Agreement shall be completed, signed and notarized, and returned to the Town prior to issuance of a construction permit. 3. No work shall commence until the Town has issued a construction permit which will specify the starting date and a reasonable time for completion. 4. The work shall be commenced and carried on at such points and in such order as may be directed by the Town. 5. Materials used in the construction shall be available for sampling and testing prior to being used in the work. Materials that fail to meet Town specification shall be removed from the site. 6. The A pplicant s hall, a t A pplicant's a xpense, o btain a 11 n ecessary p ermits a nd 1 icenses f or work p ermitted h erein, p ay a 11 f ees a nd c omply w ith all l aws, o rdinances a nd r egulations relating to the work, public health and safety, and safety of Applicant's employees or employees of Applicant's contractors. IV. CONSTRUCTION 1. The Town shall be notified of the date upon which work shall be commenced. 2. The Applicant, or Applicant's designated agent, shall be present at all times during performance of the work. The name of the designated agent and the contractor performing the work shall be furnished to the Town before commencement of the work. Instructions given the designated agent on the work site shall be deemed to have been given to the Applicant. 3. The Applicant. shall employ only competent and efficient laborers, mechanics or artisans on the work, and the Applicant agrees to perform the work diligently to complete the work on or before the completion date given in the "Notice to Proceed." 4. The Applicant. shall identify and locate all water valves prior to paving and set valve boxes to final grade after paving. 5. The Applicant shall, at Applicant's expense, make any and all alterations to the existing water system either on-site or off-site necessitated by paving, drainage, or other improvements caused by this development. 6. The Applicant shall require the Contractor or subcontractor to comply with all safety requirements of the Occupational Safety and Hazards Act as set forth by the Federal Government and as implemented by the State of Arizona. The Applicant or Applicant's 3 contractor shall be solely responsible for all fines or other penalties provided for by law for any violations of the Occupational Safety Hazards Act. V. INDENINITY 1. In addition to any liability imposed by law, which liability is not affected hereby, on behalf of Applicant and any contractor hired by Applicant to perform any work hereunder, Applicant shall indemnify, defend, and save harmless the Town, its Mayor and Council, officers and employees, boards, committees and commissions from and against any loss, claim, suit, demand, cause of action, or liability of any nature, including but not limited to damage to property and injuries to persons, including death, arising or alleged to have arisen, in whole or in part, out of any negligent act or omission of Applicant or any such contractor or any subcontractor, or any person employed directly or indirectly, by any of them in the performance of any work or operations pursuant to this Agreement. VI. DEDICATION 1. The Applicant shall, and does, hereby grant, bargain, sell, convey, transfer and deliver to the Town said water facility to be installed pursuant to this Agreement free and clear of all liens, claims, charges or encumbrances upon fmal acceptance of said work by the Town. 2. The Applicant guarantees the work to be free from all failures due to poor workmanship or materials for a period of two (2) years from the fmal acceptance date by the Town. 3. The Applicant shall not construct any utility, building, or other improvement that would interfere with the operation or maintenance of the waterline or water facility to be installed pursuant to this Agreement. 4. The Applicant further guarantees that all service lines, meters, and meter boxes will be to finish grade and that Applicant will remain responsible for raising/lowering said services as required until the area described is fully developed. 5. The Town shall accept title to and take possession of the. said facility upon completion of said work to the satisfaction of the Town; and upon acceptance and approval of said work, the town shall operate and service said facility. THIS AGREEMENT shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and .assigns of the parties; provided however that Applicant may not assign this Agreement without the prior written consent of the Town. THIS AGREEMENT is subject to cancellation for conflict of interest pursuant to A.R.S. §38-511. • 4 • IN WITNESS WHEREOF, the Applicant has executed or has caused this instrument to be executed by its proper officers h ereunto d my a uthorized, a nd t he T own has c aused t his instrument t o be a xecuted b y i is p roper officers thereunto duly authorized, all as of the day and year first above written. Richmond American Homes Applicant By: Signature Title Print Name Street Address City State Zip Code STATE OF ARIZONA) SS. COUNTY OF PIMA ) On this, the day of , 2004, before me personally appeared ,known to me to be the persons who subscribed the foregoing instrument and acknowledge that they executed the same for and on behalf of said person corporation for the purposes and considerations therein expressed. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. THE TOWN OF MARANA By: Its: • APPROVED AS TO FORM Bv: Town Attorney Notary Public ' My Commission Expires: ATTEST: Rv~ Town Clerk 5 EXHIBIT "A" LOCATION MAP OF THE DEVELOPMENT WITH LEGAL DESCRIPTION [Please slip the location map of the development behind this cover sheet.] • 6 EXIIIBIT "B" INCORPORATION BY REFERENCE OF THE PLANS AND SPECIFICATIONS OF THE ON-SITE WATER FACILITY TO BE CONSTRUCTED HEREUNDER Reference is hereby made to those certain 24" X 36" engineering drawings of the On-Site Water Facility Plans. Copies of such engineering drawings may be reviewed at Marana's offices. Applicant will provide engineering drawings of the On-Site Water Facility in electronic format. Such engineering drawings may be more specifically described as follows: [Please provide a detailed description of the Plans and Specifications including the date and the code number of the Plans and the name of the Engineering firm which prepared the same.] 7 EXHIBIT "C" INCORPORATION BY REFERENCE OF THE PLANS AND SPECIFICATIONS OF THE OFF-SITE WATER FACILITY TO BE CONSTRUCTED BY THE TOWN OF MARANA HEREUNDER Reference is hereby made to those certain 24" X 36" engineering drawings of the Off-Site Water Facility Plans. Copies of such engineering drawings may be reviewed at Marana's offices. Such engineering drawings maybe more specifically described as follows: [Please provide a detailed description of the Plans and Specifications including the date and the code number of the Plans and the name of the Engineering firm which prepared the same.] • 8 EXHIBIT "D" ITEMIZED BREAKDOWN OF THE ESTIMATED COST OF THE ON-SITE WATER FACILITY TO BE CONSTRUCTED HEREUNDER [Please slip a line by line itemized breakdown of the Estimated Cost of the On-Site Water Facility to be installed in accordance with this Agreement behind this cover sheet.] Please set forth the total expense the Developer/Applicant is to incur for the construction. • 9 EXHIBIT "E" • • ACTUAL COST OF ON-SITE WATER FACILITIES [To be attached at time of completion.] 10 SOW OF TOWN COUNCIL MEETING - TOWN OF I1iIARANA 9 Arv INFORMATION: MEETING DATE: May 4, 2004 " ° AGENDA ITEM: IX. A 3 TO: MAYOR AND COUNCIL FROM: Kevin Kish, Interim Planning Director SUBJECT: Resolution No. 2004-53: Relating to Subdivisions; Approving a Final Platfor Continental Reserve Blocks 18,19, and a portion of 17. DISCUSSION The applicant is requesting approval of a 102-lot single family detached home subdivision on 25.5 a Gres w ithin C ontinental R eserve. T he s ubj ect p roperty i s 1 ocated on B locks l 8, 19 & a portion of 17, of the Continental Reserve Final Block Plat, north of Pima Reserve Drive, south of Silverbell, on both the east and west sides of Continental Loop. Road.. The land use designation per the Pima Farms Specific Plan on -these parcels is MDR {Medium Density Residential). and MHDR ~ (Medium High Density Residential). The developer is proposing a _density of 4 RAC, which is in conformance with- the .allowable densities of the Pima Farms Specific Plan. The subdivision will include approximately 0.9 miles of public right-of--way. Common Area "A".will be Open Space, Recreation, and Drainage, and totals 3 acres.:. . The subdivision design has .four entrances off of Continental Reserve Loop Road and one off of Pima Reserve Drive. Internally, the. developer. has designed a connecting road and hree cul-de-sacs. The lots vary in size from 6,049 {lot number 71) square feet to 16,111. (lot 29) square. feet. The over- -all average lot size is 7,216 square feet. Applicant has obtained the sewer service agreement and the water service agreement necessary for the development. All other reviewing agencies have approved the project. Blocks 18 and 19 are adjacent to Continental Reserve Common Area "B", which is Open Space. Block 17 is adjacent to a Natural Resource Easement and a riparian area.: This subdivision is located in the Marana South Transportation Benefit Area and will be subject to an impact fee. RECOMMENDATION Staff recommends approval of Resolution No. 2004-53, approving a final .plat for Continental Reserve Blocks 18, 19, and a portion of 17. SUGGESTED MOTION I move to approve Resolution No.2004-53. 050404 Continental Reserve Blocks 18 19 and a portion of 17final platl.doc • MAIEZANA RESOLUTION N0.2004-53 RELATING TO SUBDIVISIONS; APPROVING A FINAL PLAT FOR CONTINENTAL RESERVE BLOCKS 18, 19, AND A PORTION OF 17. WHEREAS, Monterey Homes is the owner of 25.5 acres within the Pima Farms Specific Plan, and included as Blocks 18, 19, and a portion of 17 on the Continental Reserve Block Plat, generally located in Section 28, Township 12 South, Range 12 East, north of Pima Reserve Drive, South of Silverbell, and on both the east and west sides o f C ontinental R eserve L oop Road; and WHEREAS, Monterey Homes has applied to the Town of Marana for approval of a final plat for 102 single-family detached home lots on the 25.5 acres, including lots 1 through 102 and common area "A"; and WHEREAS, the Mayor and Council have considered the application at the regular Town • .Council meeting held May 4, 2004; and WHEREAS, the Mayor and Council have determined that the final plat for Continental Reserve Blocks 18, 19, and a portion of 17 meets all applicable requirements. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the T own o f Marana, Arizona, that the Final Plat for Continental Reserve Blocks 18, 19, and a portion of 17, submitted by Monterey Homes fora 102-lot subdivision located in Section 28, Township 12 South, Range 12 East, north of Pima Reserve Drive, South of Silverbell, and on both the east and west sides of Continental Reserve Loop Road is hereby approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 4~" day of May, 2004. Mayor Bobby Sutton, Jr. ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk . Frank Cassidy, Town Attorney Marana Resolution No. 200453 ;' ~, r _ ~~~ TOWN OF MARANA PLANNING DEPARTMENT 3696 W. Orange Grove Rd., Tucson, AZ 85741 MARANA APPLICATION FOR SUBDIVISION PLAT REVIEW `^~./I~ TOWN OF MARANA Project Location: Continental Reserve Property Location Description: o c s a n a po m o n o Assessor's Parcel Number and Legal Description 130A 22 21 - 1- 221-21-1320, 221-21-1310, Existing Use of Property: acan REQUEST: SUBDIVISION NAME: Preliminary Plat . Final Plat X PRESENT ZONING: Amended Plat Resubdivision GENERAL PLAN DESIGNATION: Reversion To Acreage Acres: 25.5 acres Total # of Lots: 102 Applicants Interest: ^x Own ^ Lease ^ In Escrow ^ Option to Buy Name of Applicant: Applicant's Address: Contact Person: Phone: FAX: Name of Property Owner: I°lonterey Homes Address of Property Owner: ~ r ucson, Contact Person: Lisa Hoskin or Phone: 292-2082 Chip Yetzer FAX: 292-5051 Project Planner/Engineering Firm: Stantec Consulting Inc. Firm's Address: 201 Td. Bonita Ave. Tucson, AZ 85745 Contact Person: arren ompson, Phone: - FAX: - I, THE UNDERSIGNED, CERTIFY THAT ALL OF THE FACTS SET FORTH IN THIS APPLICATION ARE TRUE TO THE BEST OF MY KNOWLEDGE AND THAT I AM EITHER THE OWNER OF THE PROPERTY OR THAT I HAVE BEEN AUTHORIZED IN WRITING BY THE OWNER TO FILE THIS APPLICATION AND CHECKLIST. ~h -_~ z~~ Print Nar a of ApplicantlAgent Sig at re 11-(~ ~D3 Date H:(PLANNING\FORMS\DEVPKG\1999\FPRAPP99.DOC Page 8 of 11(Rev. 3/7/00) -/ / c ~ ~~ ~_ ~_ _ _ ~~ ~ / ~ ~ ~~ ~ L P LAIC l~ l l~ ~ & zar~ll~~ Continental Reserve Blocks 18, 19, & a portion of 17 CASE NO. PRV-03056 - ~:~ ~ _ r --~ ~~_ _//,~ r_. \ ~~ _ ~ ~~ ~~ ,~ ~,. _ ti ~.: ~~_ ~ ~,_ it r~~ ~ ~~ x,~ ~: 't _ ~`~`•J/ I/ ~~,~v ~ /: - v n-~ d ~, ~ ~r: ~ Y ~ V ~,~'~ i ~-- - _ 1fi,, ~ ~ ~ \~,.--~ ~ 'Block ~~' \~~~ /N~/ '; - -- '~ , ~ ~, ~ ti j' - - ~ ~ ~~ ~ ~ ~ , u ~ Block 18'; ~~ .+ y _, ~~ ~ ~/~. ~ qy z /~ i Block 17' /, ~ ~~, ~~- . ~ ' ,, ~~ 7~ti'~ ~ ~: ' - '~ f 'C~ ' ~ N~ ~~ /J _ _~ '~j I ~~~~~ ~~~~ ' ~ ~ ~ ~ I ~ ~ - ~. ~ ~ I~_ ~ - /~\ ~. ~~, ~a / l ~ ~~ ~., N ;i REQUEST Request to construct a 102-lot subdivision on 25.5 acres within the Pima Farms Specific Plan. • • • WPM ~\a1M\13101<OS\<'M~\rr!\nw-J'0. 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A. 4 TO: MAYOR AND COUNCIL FROM: Kevin Kish, Interim Planning Director SUBJECT: Resolution No. 2004-54: Relating to Subdivisions; Approving a Final Plat for Canyon Pass III-B Resubdivision. , DISCUSSION The applicant is requesting approval of a Final Plat for a resubdivision of five lots in a portion of the Canyon Pass III Final Plan within the Dove Mountain Specific Plan. The location of the project is generally south of Dove Canyon Pass, in a portion of Sections 17 and 18, Township 11, South, Range 13 East. The resubdivision of lots 172 -.176 and common area "B" is for the purpose of adding aprivate access and utility easement for access to lots 173 and 174. No new lots or land area are being added as a result of this plat. The drainage solution for the added easement has been reviewed and approved. RECOMMENDATION Staff recommends approval of Resolution No. 2004-54, approving a final plat for Canyon Pass III-B Resubdivision. SUGGESTED MOTION I move to approve Resolution No.2004-54. 050404 Canyon Pass III-B ResubdivisionFinalPlatl.doc FJC:KK 3/29/04 LJ MARANA RESOLUTION N0.2004-54 RELATING T O S UBDIVISIONS; APPROVING A FINAL PLAT FOR A RESUBDIVISION OF FIVE LOTS IN THE CANYON PASS III-B SUBDIVISION. WHEREAS, Cottonwood Properties is the owner of 26.29 acres within the Canyon Pass III-B Final Plat and within the Dove Mountain Specific Plan, generally located in portions of Sections 17 and 18, Township 11 South, Range 13 East; and WHEREAS, Cottonwood Properties has applied to the Town of Marana for approval of a resubdivision of five lots within the final plat for Canyon Pass III-B; and WHEREAS, the Mayor and Council have considered the application at the regular Town Council meeting held May 4, 2004; and WHEREAS, the Mayor and Council have determined that the final plat for Canyon Pass III-B Resubdivision meets all applicable requirements. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the T own o f Marana, Arizona, that the Final Plat for Canyon Pass III-B Resubdivision, submitted by Cottonwood P roperties f or t he r esubdivision o f f ive 1 ots w ithin Canyon Pass III-B, located in Sections 17 and 18, Township 11 South, Range 13 East, generally south of Dove Canyon Pass is hereby approved. _ PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 4~' day of May, 2004. Mayor Bobby Sutton, Jr. ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: . Frank Cassidy, Town Attorney Marana Resolution No. 2004-54 . ~~~~. MA(ZANA ..tip ,o~, K .~ . TOWN OF MARANA Planning and Zoning Department 3696 W. Orange Grove Road • Tucson, AZ 85741 (520) 297-2920 .Fax: (520) 297-3930 PLANNING & ZONING APPLICATION ~~ 1. TYPE OF APPLICATION (Check One) ~ j~ ^ Preliminary Plat ^ General Plan Amendment ^ Variance ~( Final Plat ^ Specific Plan Amendment ^ Conditional Use Permit ^ Development Plan ^ Rezone ^ Other ^ Landscape Plan ^ Significant Land Use Change ^ \ativc Plant Permit • 2. GENERAL DATA REQZtIRED Assessor's Parcel Number(s) 2 (8402360 218402360 2184023.10 General Plan Desi_nation 218402370 218402340 2184024402 (To be confirmed by. staff) Gross Area (Acre/Sq. Ft.) 26.29 Acres Current Zoning E (To be confirmed by staff) Development/ Canyon Pass III-B at Dove Mountain Proposed Zoning E Pro~ect Name Project Location Dove Mountain Descri tion of Project A 5 lot resubdivision of a ortion of Canyon Pass III at Dove Mountain Pro erty Owner Cottonwood Pro erties Street Address 3667 E. Sunrise, #219 Cit}~ State TUCSON ARIZONA Zip Code Phone Number Fax Number E-Mail Address 8>718 (620) 299$424 (620) 677 239] bhallinan~a earthlink.net Contact Person Phone Number Bill Hallman (>20) 299424 Applicant OPW ENGINEERING, LLC Street Address 7000 E. TANQUE VERDE ROAD, #37 Cin State TUCSON ARIZONA Zip Code Phone Number Fax Number E-~4ail .Address 86716 296-8644 296-2366 op~y~uop~cen_ineerin~.com Contact Person Matt Wadlington Phone Number 296-8634 A ent/Re resentative OPW ENGINEERING, LLC Street Address 7000 E. TANQUE VERDE ROAD. #37 Cit<~ State TUCSON ARIZONA Zip Code Phone Number Fax Number i E-Mail Address 81716 296-8644 2962356 I opw op~~zngineering.com Contact Person Matt Wadlington Marana Business License No. 102936 3. A[7THORIZATION OF PROPERTY OWNER I, the undersigned, certify that all of the facts set forth in this application are true to the best of my knowledge and that I am either the owner of the property or that I have been authorized in writing by the owner to file this application. (If not owner of record, attach written authorization from the owner.) ~t ' 1 (~'~A~T In1ADUrJC~ToN /i~i~ L/ IZ' ~Q• 03 Print Name of A licant/Agent Si ature Date FOR OFFICE USE ONLY ~ ~ 3 Receipt No. ~. -15431 ~ Case No. ~/zV - 03/y l ~ Date Received ,/( CRW No. Received Bvt • /SCE-c_- 2/ Fee Amount ~ ~ l ~ uvn_;.c • 960131800\b\p&zapplication Canyon Pass III-B at Dove Mountain PRV-03141 Final Plat Request for approval of a resubdivision of lots 172 -176 of Canyon Pass III • • • D 1'1 ~' N~~~ m < ID/ly~D~2Z g D C AND O~~L;r1ZD O'•~I~D_ZZ•OFND mD~UZ~~DC~ ~N~~ S1D~~ ~ ` v0 Vo~ -f Z 00 O Z OOZZA N m Zm• f+1 ~.c~ NZm2 ri O C~'n ~DA~ -Z1 npl Q~~ ~C~ m~~O~Zy Z~mA ~W DDZNO( x ~D>(=~1 ~O$~ ~ b•> y ~ ~ N1+~1-C1'~j~S2N K ',1 ~NN 2~SgQp~~+~s~~rSN`mACp~ nID-~Do+1(~Om N~ A IO~~rm C7 ^' Oo 1vZ~ n ~ i~QS ~O~ ~ ~ O m~ A~C~1<~NCn ~~m ~O'0 DA-mm~11~•1~mZ Z~~~ 5°az '-) NODA•D D ~m~1 ~'~1 1^.~~Ipry ~ ~ oNp ~ 1 2p~ omoO rZ ~pp~~ryyN prom ~Z~D-~I° ~A 0y~~~ °~DO `'~ A'IOW ~ X A~mO~~~~ryD'~O D Z myl Z~~DO1~'IA~Z ~n Z°~mD1AyyZ p~pDNUmC1C~~~IQ~ mOZ7>~~b -Z1ZmYR Z ` NA~ O ~ mV1AC~1< D A~ OUypN ~~1 fml1O Z~-A~nD C~~~IA~1 ~j~y~~"1 y;""~ S(~-/12~ iAm 71 m O ZZZ~ wv C 22 mf~A~~m~~O~N~mM ~~~07 ~ONNZO CD~p m D~ jN N C~ I ` N ~ D OmAA Q~Z ~V.-. 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TOWN OF MARANA 9 MARAN ; INFORMATION ~RIZON~' 'MEETING DATES , May 4, 2004 "AGENDA ITEM: IX. A. 5 TO: MAYOR AND COUNCIL FROM: Frank Cassidy, Town Attorney SUBJECT:. Resolution No. 2004-55; Relating to intergovernmental relations; Approving and authorizing the execution of an Intergovernmental Agreement with the Pascua Yaqui Tribe for infrastructure im- provements within. the Yaem Pueblo community. DISCUSSION The. Town of Marana and the Pascua Yaqui Tribe desire to enter into an intergovernmental agreement to address the construction of certain infrastructure within the Yoem Pueblo commu- nity. The Town and Tribe executed an intergovernmental agreement on November 7, 2003, for the purchase and construction of a playground within the Yoem Pueblo neighborhood, and this IGA is a follow-on of assistance the Town has promised the Tribe. The work to be performed .under this intergovernmental agreement consists of constructing.. four handicap ramps and street resurfacing (chip sealing) in the amount of $32,000, RECOMMENDATION Staff recommends the adoption of Resolution No. 2004-55, approving and authorizing the execu- tion of the intergovernmental agreement between the Town of Marana and the Pascua Yaqui Tribe. SUGGESTED MOTION I move to adopt Resolution No. 2004-55. BLU 040504 Pascua Yaqui IGA.DOC 4/28/200411:50 AMRG FJC • 1~ZARANA RESOLUTION N0.2004-55 RELATING TO INTERGOVERNMENTAL RELATIONS; APPROVING AND AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE PASCUA YAQUI TRIBE FOR INFRASTRUCTURE IMPROVEMENTS WITHIN THE YOEM PUEBLO CO1~~IlVIUNITY. WHEREAS, the Pascua Yaqui Tribe and the Town of Marana desire to enter into an liiter- governmentalAgreement for the cooperation of the parties in the construction of infrastructure; and WHEREAS, the Pascua Yaqui Tribe owns a certain parcel of land, traditionally occupied by members of the Tribe and known as Yoem Pueblo, located within the boundaries of the Town; and WHEREAS, the Tribe and the Town did, on November 7, 2003, duly execute and record an intergovernmental agreement for the construction of a playground within the Yoem Pueblo; and WHEREAS, the Tribe and the Town desire to continue to improve the infrastructure within the Yoem Pueblo community through cooperation in the development of certain improvements by executing an intergovernmental agreement; and WHEREAS, the infrastructure improvements covered by this intergovernmental agreement consist of four (4) handicap ramps and street resurfacing (chip sealing) in the amount ofthirty-two thousand dollars ($32,000). NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, AS FOLLOWS: SECTION 1. The intergovernmental government between the Town of Marana and Pima County attached to and incorporated by this reference in this resolution as Exhibit A is hereby au- thorized and approved. SECTION 2. The Mayor is hereby authorized to execute said Exhibit A and the Town Clerk is hereby authorized to attest thereto for and on behalf of the Town of Marana. SECTION 3. The Town Manager, Town Attorney and other Town staff are hereby author- ized to undertake all other tasks required to carry out the terms, obligations, and objectives of said Exhibit A. • -1- PASSED, ADOPTED, and APPROVED by the Mayor and Council of the Town of Marana, Arizona, this 4th day of May, 2004. Mayor Bobby Sutton, Jr. ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney RSO 040504 2004-55 Pascua Yaqui IGA.doc ~~ ~J 2 Exhibit A INTERGOVERNMENTAL AGREEMENT BETWEEN PASCUA YAQUI TRIBE AND TOWN OF MARANA This Intergovernmental Agreement is entered into this day of , 2004, by and between the Pascua Yaqui Tribe, a sovereign nation ("Tribe") and the Town of Marana, Arizona, an Arizona municipal corporation ("Town"). RECITALS A. WHEREAS, A.R.S. § 11-952 et seq. provides for the ability for the Town to enter into an Intergovernmental Agreement for the cooperation of the parties in the construction of infrastructure; and.' B. WHEREAS, Article VI, §1 (a) of the Constitution of the Pascua Yaqui. Tribe vests the Tribal Council with the authority to enter into agreements with federal, state, and local governments; and C. WHEREAS, pursuant to the Constitution, Bylaws and other laws of the Tribe, the ` Pascua Yaqui Tribal Council is charged with the responsibility of providing for the general welfare of the members of the Tribe; and D. WHEREAS, pursuant to Article VI, Section 1(a) and (d) of the Constitution of the Tribe, t he Tribe m ay a nter i nto contracts and a greements a nd a ppropriate t ribal funds for governmental purposes serving the general welfare of the Tribe; and E. WHEREAS, The Tribe owns a certain parcel of land, traditionally occupied by' members of the Tribe and known as Yoem Pueblo, located within the boundaries of the Town; and -_ f F. WHEREAS, The Tribe and the Town did, on November 7, 2003, duly execute and record an intergovernmental agreement for the construction of a playground within the Yoem Pueblo; and G. WHEREAS, the Tribe and the Town wish to continue to improve the infrastructure Yoem Pueblo through cooperation in the development of certain improvements by executing this intergovernmental agreement; and F. WHEREAS, the Mayor and Council of the Town did on the 4~' day of May, 2004, authorize the Mayor to execute this Agreement by Resolution No. 2004-55; and G. WHEREAS, the Tribe did on the _th day of , 2004 authorize the Chairman of the Tribe to execute this Agreement by Resolution No. C03- -04. Page 1 of 6 Marana/Pascua Yaqui Tribe IGA-2004 NOW, THEREFORE, Tribe and Town, in consideration of the mutual representations and covenants set forth herein, and for other good and valuable consideration, do mutually agree as follows. AGREEMENT Purpose. The p urpose of this i ntergovernmental a greement i s t o p rovide for the continued cooperation between the Parties for the development and construction of certain improvements, set forth below, in the Yoem Pueblo, Marana. 2 Effective Date; Term. This Agreement shall become effective upon filing the original executed Agreement with the office of the Pima County Recorder, and shall continue in effect until December 31, 2004. 3. Improvement Projects. 3.1 Handicap Ramps. The Town will use Town staff and resources to construct four (4) handicap ramps within the Pueblo,. according to drawings and specification provided by the Tribe. The Town shall be responsible for the cost of all labor and material used. The Tribe agrees that it will grant the Town a license to access the property, as needed, to allow the Town t o enter and construct upon the Property. The Town agrees to waive all permit and inspection fees. 3.2 Street Resurfacing/Chip Sealing_ The Town agrees to contribute thirty-two thousand dollars ($32,000) for the Tribe's use, payable by the Town upon presentation of invoices for actual physical construction, to be utilized for .street improvements that will be performed by the Tribe, according to the Tribe's specifications. The Tribe will undertake the design and scope of the project, and the Town agrees to cooperate with any consultant retained by the Tribe for this purpose, and to contribute funding as set forth above. Town of Marana agrees to commit the funds, in the amount above specified, for the Street Resurfacing project within a reasonable time from the effective date of this agreement, and further that the Town understands and agrees that Tribe may utilize the funds for any portion(s) of the costs of actual physical construction of the street resurfacing project. The Town warrants that it will provide inspections, if requested, and waive any permit fees. 3.3 Privacy Wall. The Tribe will construct a five foot (5') wall parallel to Barnett Rd., within the T ribe's property. T he T ribe will obtain approval from the Town's Development Services Director for the location of the wall, and the Town warrants that it will perform any inspections necessary, and provide the tribe with a copy of all the inspection reports, and waive all permit fees for its construction. 3.4 Church Rehabilitation. The Tribe will perform structural and cosmetic rehabilitation of the existing church structure within Yoem Pueblo. The Tribe shall supply all labor and materials for the project, and bear all costs associated with the rehabilitation of the facility. The Town warrants that it will provide inspections, if requested, and waive any permit fees. Page 2 of 6 Marana/Pascua Yaqui Tribe IGA - 2004 4 Waiver of Permit Fees. The Town agrees to waive all permit fees for the above projects. 5 Compliance with CDBG Requirements. The parties understand and agree that the funding for the improvements may be funded through CDBG funds, and the Tribe agrees that, in such case, it will comply in all respects with all CDBG requirements and all provisions of any agreement between the Town and another party regarding CDBG funding, which agreement shall be attached hereto as Exhibit "A." In such an instance, the Tribe agrees that it will work in cooperation with the Town -and obtain the Town's approval of all bidding, contracts, and other activities in order to assure compliance with CDBG requirements. 6 Status of Tribe as Sovereign Nation. The Tribe is a recognized sovereign nation, and nothing in this Agreement is intended to supersede that status. 7 Status of Officers & Employees. 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 any Tribe employee or Town employee. Neither party shall be liable for any debts, accounts, obligations or other liabilities whatsoever of the other; including (without limitation) the other party's obligation to withhold Social Security and income taxes for any of its employees. . 8 Hold Harmless; Indemnification. Each party shall, to the extent permitted by Arizona and Tribal law, indemnify, defend and hold harmless each other party, its officers; departments, employees and agents from, for and against any and all suits, actions; legal or administrative proceedings, claims, demands liens, losses,- . - fines or damages of any kind or nature, including consequential damages, liability, interest, attorneys' and accountants'. fees or costs, and expenses of whatsoever kind and nature; which are in any manner directly or indirectly caused, occasioned or contributed to, by reason of any act, omission, fault, negligence, violation or alleged violation of any law, whether active or passive, of any other party hereto, its agents; employees, or anyone acting under its direction, control, or on his behalf, in connection with or incident to the performance of this Agreement. The mutual indemnifications set forth herein are not intended to, and do not, preclude any party from claiming against another party for. breach of this Agreement. 9 Notices. All notices shall be in writing and together with other mailings pertaining to this Agreement shall be made to: TOWN: Town Manager COPY TO: Town of Marana 13251 N. Lon Adams Rd. Marana, AZ 85653 TRIBE: Orlanthia Yazzie, Tribal Planner COPY TO: Pascua Yaqui Tribe 7474 Camino de Oeste Tucson, AZ 85746 Marana/Pascua Yaqui Tribe IGA - 2004 Page 3 of 6 Town Attorney Town of Marana 13251 N. Lon Adams Rd. Marana, AZ 85653 Pascua Yaqui Tribe Attn: Attorney General 4725 W. Calle Tetakusim Bldg. B Tucson, AZ 85746 10 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. 11 Amendment. This Agreement shall not be amended except by written instrument ' mutually agreed upon and executed by the parties. 12 Entire Agreement. This Agreement, including its exhibits and recitals, constitutes the entire agreement between the parties, and includes all prior oral and written agreements of the parties. 13 Legal Jurisdiction. Nothing in this Agreement shall be construed as either limiting or extending the legal jurisdiction of Town or Tribe. 14 No Joint Venture. It is not intended by this Agreement, and nothing contained in this Agreement shall be construed to, create-any partnership, joint venture, or employment relationship between the parties or create any employer-employee relationship between the parties. No party hereto shall be liable for any debts, accounts, obligations or other liabilities whatsoever of the other, including without limitation the other party's obligation to withhold social security and income taxes for itself or any of its employees. 15 Benefiiciaries. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any person other than the parties to it and their respective successors-and permitted assigns. 16 Timeliness. Each of the parties to this Agreement agrees to take such actions as may be necessary to carry out the terms of this Agreement, and to cause such .. documents as may be necessary to be executed with reasonable promptness. 17 Non-waiver. The failure of any party to insist, on any one or more instances, upon the full and complete performance of any of the terms and provisions of the Agreement to be performed on the part of the other, or to take any action permitted as a result thereof, shall nat be construed as a waiver or relinquishment of the right to insist upon full and complete performance of the same, or any other covenant or condition, either in full or in part in the future. The acceptance by any party of sums of less than may be due and owing it at any time shall not be construed as accord and satisfaction. 18 Severability. In the event that any provision, or any portion of any provision, of this Agreement or the application thereof, is held invalid, illegal or unenforceable, such invalidity, illegality or unenforceability shall have no effect on the remaining portion of a ny p rovision o r a ny other p rovision, o r t heir application, w hich c an b e given effect without the invalid provision or application and to this end the provisions of this Agreement shall be deemed to be severable. 19 Termination. 19.1 For Cause. Any party hereto may terminate this Agreement for material breach of the Agreement by another party. Prior to any termination under Page 4 of 6 Marana/Pascua Yaqui Tribe IGA - 2004 this section, the party allegedly in default shall be given written notice by the other party of the nature of the alleged default. The party said to be in default shall have forty-five (45) days to cure the default. If the default is not cured within that time, the other party may terminate this Agreement. Any such termination shall not relieve either party from liabilities or costs already incurred under this Agreement. . 19.2 Force M aieure. A p arty s hall n of b e i n d efault u nder t his A greement i f i t does not fulfill any of its obligations under this Agreement because it is prevented or delayed in doing so by reason of uncontrollable forces. The term "uncontrollable forces" shall mean, for the purposes of this Agreement, any cause beyond the control of the party affected, including but not limited to f allure of f acilities, breakage or accident t o m achinery or transmission facilities, weather conditions, flood, earthquake, lightning, fire, epidemic, war, riot, civil disturbance, sabotage, strike, lockout, labor dispute, boycott, _ material or energy shortage, casualty loss, acts of God, or action or non- action by governmental bodies in approving or failing to act upon applications f or a pprovals o r p ermits w hich.are not d ue t o n egligence o r willful action of the- parties, order of any government officer or court (excluding orders promulgated by the parties themselves), and declared local, state or national emergency, which, by exercise of due diligence and foresight, s uch p arty c ould n of r easonably h ave b een a xpected t o a void. Either party rendered unable to fulfill any obligations by reason of uncontrollable forces shall exercise due diligence to remove any such inability with all reasonable dispatch. 19.3 Funding Sources Budget; Non-appropriation. This Agreement and all obligations upon the parties arising therefrom shall be subject to any limitation imposed by budget law. The parties affirm that they have within - their respective- budgets sufficient f unds t o discharge the obligations -and duties assumed under this Agreement. If for any reason any party does not appropriate sufficient monies for the purpose of maintaining this Agreement, this Agreement shall be deemed to terminate by operation of law on the date of expiration of funding. In the event of such cancellation, the- parties hereto shall have no further obligation to the other party other than for payment for services rendered prior to cancellation. 19,4 Conflict of Interest. This Agreement may be canceled without penalty or further obligation pursuant to A.R.S. § 38-511, a nd applicable- provisions under the Constitution of the Pascua Yaqui Tribe, the pertinent provisions are incorporated into this Agreement by reference. 19.5 Ownership of Property Upon Termination. Any termination of this Agreement shall not relieve any party from liabilities or costs already incurred under this Agreement, nor affect any ownership of the project constructed pursuant to this Agreement. Page 5 of 6 Marana/Pascua Yaqui Tribe IGA - 2004 r r • In witness whereof, the parties hereto have hereunto set their hands the day and year first above written. PASCUA YAQUI TRIBE Robert Valencia • Chairman of the Pascua Yaqui Tribe ATTEST: TOWN OF MARANA Sharon Flores-Madril Secretary of the Tribal Council ATTEST: Jocelyn C. Bronson Town Clerk INTERGOVERNMENTAL AGREEMENT DETERMINATION The foregoing Intergovemmental Agreement between the Town of Marana and the Pascua Yaqui Tribe has been reviewed pursuant by the undersigned, who -have determined that it is in proper form and is within the powers and authority granted under the laws of the Constitution of the Pascua Yaqui Tribe, the State of Arizona and the United States to those parties to the Intergovernmental Agreement represented by the undersigned. Pascua Yaqui Tribe Town of M~ana A P. Michael Ehlerman Attorney General for the Pascua Yaqui Tribe Marana/Pascua Yaqui Tribe IGA - 2004 Page6of6 1c Cassi 'own rney not o sonally yi F `~ TOWN COUNCIL ~C~yN ~~, ~~~> MEETING TOWN OF MARANA ~~ 9 a~ ; INFORMATION ~R~ZON~ MEETING DATE: May 4, 2004 AGENDA ITEM:. IX. A. 6 TO: MAYOR AND COUNCIL FROMs Michael A. Reuwsaat, Town Manager ...SUBJECT: Proclamation regarding 35~' Annual Municipal Clerks Week. DISCUSSION This item commemorates the role of the municipal clerk in government. ...RECOMMENDATION No recommendation is needed.. SUGGESTED MOTION. None required. Proclamation Municipal Clerk MAR/JCB 04/28!2004/4:11 PM • Proclamation 35`" Annual Municipal Clerks Week WHEREAS, the Office of the Municipal Clerk, atime-honored and vital part of Local government, exists throughout the world; and ' WHEREAS, the Office of the Municipal Clerk is the oldest among public servants; and. WHEREAS, the .Office of the Municipal Clerk provides the professional link between the citizens, the local governing bodies and agencies of government at other levels; and WHEREAS, Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all; and WHEREAS, the Municipal Clerk serves as the information center on functions of local government and community; and • WHEREAS, Municipal Clerks continually strive to improve the administration of the affairs of the .Office of the Municipal Clerk through participation in education programs, seminars, workshops and the annual meetings of their state, province, county and internal professional organizations. .MOW, THEREFORE, the Mayor and Council of the Town of Marana do recognize the week of - May 2 through May 8, 2004 Municipal Clerks Weeks and further extend appreciation to our Municipal Clerk, ]ocelyn C. Bronson, and to all Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent. Dated this 4~' day of May, 2004. --~~~ Bobby Sutton, fir., Mayor • TOWN COUNCIL t WN pR. MEETING TOWN OF MARANA q A A ; INFORMATION , ,, '~AIZON~ MEETING DATE: April 20, 2004 AGENDA ITEM: IX. A. 7 TO: MAYOR AND COUNCIL .FROM:. Jocelyn C. Bronson, Town Clerk SUBJECT: Proclamation regarding Neil Giuliano, retiring Mayor of the City of Tempe DISCUSSION This item commemorates Mayor Neil Giuliano, outgoing Mayor of the City of Tempe. RECOMMENDATION No recommendation is necessary. SUGGESTED MOTION None required. Proclamation Neil GiulianofJCB 04/28/2004/4:10 PM Proclamation Neil Giuliano WHEREAS, government affects every aspect of life in America today, including community livability; and WHEREAS, all municipalities in Arizona, regardless of size and geographic location, benefit from the accomplishments of all elected officials who strive to make their communities better; and WHEREAS, Neil Giuliano, the 26~ Mayor of the City of Tempe serving on the Council since 1990 and since 1994 as Mayor, understands the value and importance of maintaining a healthy and thriving community through the participation of local residents to build sustainable neighborhoods in Tempe, expand the economy and develop cultural organizations and community centers that will benefit generations to come; and WHEREAS, his efforts as Mayor through public and private partnerships have resulted in prestigious community awards highlighting both the commercial and residential components of Tempe from private sources; and WHEREAS, Neil Giuliano brought a standard of excellence to his community through his tireless efforts to improve the quality of life for all citizens through public education, raising awareness. regarding the importance of diversity, and the detrimental effects on human potential that discrimination can cause; and WHEREAS, Neil Giuliano's vision for Tempe led to economic development through projects such as Arizona Mills Mall, Tech Oasis, Simple Slats and ASU Research Park/Fountainhead Park/Brickyard; improvements and expansion of regional transportation, tourism and neighborhood and community facilities such as the Tempe Learning Center, The Human Services and People Improvement Programs, Cradle House and Westside Centers. NOW, THEREFORE, the Mayor and Council of the Town of Marana recognize and commend Neil Giuliano for his leadership and encouragement to others in building partnerships with local organizations to benefit the City of Tempe and the surrounding communities in Maricopa County. FURTHER, the Mayor and Council congratulate Neil Giuliano for his service to his community and extend warm wishes for equal success and fulfillment to him in his future endeavors. Dated this 4~ day of May, 2004. --~ ATTEST; Jocelyn C. onson, Town Clerk Bobby Sutton, Jr., Mayor `CW N n~, TOWN COUNCIL ,,~ mod„ MEETING. TOWN OF MARANA 9 ., NA ; INFORMATION '~RIION~ MEETING DATE: May 4, 2004 AGENDA ITEM: lX. B.1 TO: MAYOR AND COUNCIL FROM: James R. DeCrrood, P.E., Executive Asst. to the Town Manager fdr Special Projects SUBJECT: .PUBLIC BEARING -Ordinance No 2004.08. and Resolution No. 2004-52: Relating to Development; Declaring a Public Record; Adopting Subdivision Street Standards Manual for the Town of Marana DISCUSSION Town s taff h as b een d eveloping a c omprehensive s et o f e ngineering s tandards relating t o t he design of subdivision streets within the Town of Marana for several years. These standards are based upon. the Pima County Subdivision Street standards which were adopted in 1989 and which have been amended by the town to address maintenance and engineering issues unique. to Marana. Of particular importance is the establishment of roadway cross-sections., The cross-sections recommended for adoption contain pavement widths sufficient to allow onstreet parking on both sides of the street and still allow a 20-foot wide travel area.. This width is as discussed in study session with the Planning Commission this past fall. Another town-specific element within the standard street cross-section consists. of rolled curb and gutter, and attached 5-foot wide sidewalks. These specific .changes to the original County standards are now being implemented in new subdivisions of contemporary design. The attached Subdivision Street Standards Manual proposed for adoption has beem reviewed by the S AHBA M arana T ethnical S ubcommittee a nd m any o f t heir r ecommendations h ave b een incorporated into this document. The final draft has also been presented to the SAHBA Land. Committee. Many of the developer expressed concerns related to a need for a process where deviations from these standards may be authorized. To address this concern, a Design Exception Process has been added to the standards. The Design Exception Process requires an application, justification citing alternative standards, staff review and recommendation to the Planning Commission for approval.. The intent is to have any substantial Design Exception approved by the Planning Commission prior to a plat submittal, although minor exceptions maybe addressed concurrently with a Preliminary Plat. The Planning Commission, at its regular March 2004 meeting, unanimously voted to recommend to Council adoption of the Subdivision Street Standards manual. RECOMMENDATION Staff and the Planning Commission recommend adoption of Ordinance No. 2004.04 and Resolution No. 2004-52. SUGGESTED MOTION I move to adopt Ordinance No. 2004.08 and Resolution No. 2004-52. -2- MARANA RESOLUTION N0.2004-52 RELATING TO DEVELOPMENT; DECLARING A PUBLIC RECORD AND APPROVING A SUBDIVISION STREET STANDARDS MANUAL, THREE COPIES OF WHICH ARE ON FILE IN THE OFFICE OF THE TOWN CLERK. BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that certain document entitled "Subdivision Street Standards Manual," three copies of which are on file in the office of the Town Clerk, is hereby declared to be a public record, and said copies are ordered to remain on file with the Town Clerk. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 4th day of May, 2004. Mayor BOBBY SUTTON, JR. ATTEST: Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: Frank Cassidy Town Attorney Marana, Arizona Resolution No. 2004-52 Page 1 of 1 Section 3: All ordinances, resolutions, or motions and parts of ordinances, resolutions, or motions of the Council in conflict with the provisions of this Ordinance are hereby repealed, effective as of the effective date of this Ordinance. Section 4: 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 4th day of May, 2004. ATTEST: Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: Frank Cassidy Town Attorney Marana Ordinance No. 2004.08 Page 2 of 2 Mayor Bobby Sutton, Jr. `~W OF TOWN COUNCIL MEETING TOWN OF MARANA ' ~ - ° ; ' 9 r RANA ~ INFORMATION '~RizuN~ MEETING DATE: April. 20, 2004 AGENDA ITEM: lX. B. 2 TO: MAYOR AND COUNCIL FROMt Michael A. Reuwsaat, Town Manager ~° SUBJECT: Presentation by the Consulate of Mexico regarding consular identification DISCUSSION This item is being presented at the request of the Consulate of Mexico in Tucson, Juan Manuel Calderon Jaimes. The Consulate's presentation focuses on explaining the high security features of the Mexican Consular ID as well as the benefits for both Mexican and U.S. governments. This presentation has been made to the City of Tucson, the City of South Tucson, Pima and Pinal County Boards of Supervisors and the City Councils of Casa Grande, Eloy and Coolidge. Each of these jurisdictions has given its approval for the Consular identification. The Consulate will ask for Marana Council approval of the form of identification being presented at tonight's meeting. RECOMMENDATION Council's pleasure. - - SUGGESTED. MOTION Council's pleasure. State Legislative Issues MAR/JCB 04/29/2004/9: 06 AM ~~ s . ,~ zt.~ `~ y v ~~ i • Oa. SECRETARiA DE RELgCIONES EXTERIORES ....rte ....... MEXICO Depen~cia: Consulado de Mexico °~~= Tucson, Arizona, E.U.A Tucson, Arizona, April 21st. 2004 MR. BOBBY SUTTON, JR. MAYOR CITY OF MARANA, ARIZONA The Consulate of Mexico in Tucson requests the opportunity to make a power point presentation of the Mexican Consular ID, or Matricula Consular, at the City Council`s next meeting. The mentioned consular identification, which has been issued by this • Consulate since July 2002, has already been approved as a valid form of identification by Tucson's and South Tucson's City Councils, Pima and Pinal's Boards of Supervisors and the City Councils of Casa Grande, Eloy, and Coolidge in Pinal County. The power point presentation has the purpose of explaining the high . security features of the Mexican Consular ID, as well as the benefits for both Mexican and U. S. governments. Waiting for your reply, I avail myself of this opportunity to convey to you the assurances of my highest consideration. / rll~lJ~= Juan Manue~ Calderon J~mes Cons I of Mexicm ECM • 553 S. STONE AVE. TUCSON, AZ 85701 . TEL (520) 882 5595 . PACSIIvIIi, (520) 882 8959 t~ N F TOWN COUNCIL -" MEETING TOWN OF MARANA ' ~~ ~ ' 9 ARA T INFORMATION.... ~RIZON~' MEETING DATE: May 4, 2004 ` AGENDA ITEM: IX. B. 3 TO: MAYOR AND COUNCIL FROM: Michael A. Reuwsaat, Town Manager .SUBJECT: State Legislative Issues: Discussion/Direction/Action regarding all pending bills before the. Legislature DISCUSSION This item is scheduled for each regular Council Meeting in order to provide an opportunity to discuss any legislative item that might arise during the current session of the State Legislature. Included here are Legislative Bulletins Nos. 14 and 15. RECOMMENDATION Upon the. request. of Council, staff will. be pleased to provide recommendations on specific legislative issues. SUGGESTED MOTION None required. State Legislative Issues MAR/JCB 04/29/2004/9: 07 AM \~ >~_ . 1 ,., LEGISLATIVE BULLETIN ., . . IN THIS ISSUE Cities and Towns Are Reluctantly Dragged Into the School Voucher Debate .... 1 Green Light Given to the PAG Transportation Bill in the Senate ..............1 Arson Bill Goes to the Governor ...............2 Another Resolution Makes It To The Governor's Desk! ... 2 Military. Preservation Bills Nearing Final Passage .... 2 Issue No. 14 April 15, 2004 Cities and Towns Are Reluctantly Dragged Into. the School Voucher Debate Astrike-everything amendment designed to promote and protect private schools was added to SB 1109 last week in the House Education Committee. While the bill involves several controversial educational topics, it also directly impacts municipalities by exempting private schools from local land use regulations unless the local action is essential to protecting the health, safety or education of the pupils. The bill provides further preemptions on cities and towns related to regulating private schools. The legislation would greatly impede the ability of municipalities to protect adjacent property owners from impacts associated with private schools as well as create a significant obstacle to sound community planning. Private schools, especiallychar- terschools, quite often acquire and reuse homes, apartments, or office buildings for their school locations. The sudden location of a school in an existing residential area can create numerous impacts to neighboring properties such as traffic, parking, noise and lights. The legislation would preempt cities and towns from mitigating these impacts or from planning for compatible land uses within their jurisdiction. The local land use preemptions are not the only controversial topic associated with the bill. The public education community is very concerned about the impact that vouchers would have on the public education system. In addition, another provi- Sion would eliminate the certification requirement for teachers iri public schools. The bottom line is that we are not alone in our opposition to the bill. The bill should be ready for floor action in the House next week. If it passes the House, it will need to go to the Senate as well. Please contact your Representatives to express your opposition to the local land use regulation preemptions in SB 1109. Green Light Given to the PAG Transportation Bill in the Senate League. of Arizona ~.~~.~~ A1tiD 1~n.~ Legislative Bulletin is published by the League of Arizona Cities and Towns. Forward your comments or suggestions to: League of Arizona Cities and Towns 1820 W. Washington Street Phoenix,Arizona 85007 Phone:b02-258-5786 Fax:602-253-3874 E-maiL• league@mg.state.az.us Internet: wwwazleague.org On Tuesday, the Senate passed HB 2507: Regional Transportation Authority; Excise Tax. This legislation would reinstate the authority of the Pima Association of Governments, serving as the regional transportation authority, to call a countywide sales tax election to help fund the region's transportation plan. The bill passed by a vote of 26-4 with Senators Anderson, Brotherton, Leff and Verschoor voting "no." HB 2507 now heads back to the House for the bill's sponsor, Representative Steve Huffman to accept or reject the Senate amendments. If he concurs with the amendments, the bill will need just one more vote before the full House and will then travel to the Governor's desk for her approval. Thanks to all of the southern Arizona municipal officials for their hard work and leadership on this legislation and to the southern Arizona delegation for their support. Page 2 Bill Goes to the Arson Governor The League's arson resolution, SB 1242, that allows a judge to assess and charge a convicted arsonist for the cost of investigation and emergency services related to a fire passed the Senate this week with 28 ayes and 2 not voting. If awarded by a judge, the jurisdictions that incurred the costs for the arson response would be reimbursed for those costs. The bill now goes to Governor Napolitano for her signature. Thanks again to Senator Tibshraeny for his hard work on this resolution! Another Resolution .Makes It To The Governor's Desk! Our bill dealing with automatic recounts has finally made it through the Legislative process and awaits Governor Napolitano's signature. SB 1244: Automatic Recount; Cities and Towns passed the Senate Final Read this week with 30 ayes. This bill simply includes municipal elections in the automatic recount statutes so that there is never a question as to when a recount should be performed regarding a city or town election. We will ask the Governor to sign Senate Bill 1244 and do not expect any problems since it passed its final legislative hurdle with unanimous approval. A special thanks goes to Senator jay Tibshraeny for sponsor- ingand shepherding this League resolution through the Legislature. Military Preservation Bills Nearing Final Passage • The House and Senate continue to work on several bills that would help preserve Arizona's military installations. Negotiations are continuing regarding the bill containing the Governor's Military Facilities Task Force recommendations. The recommendations Issue No.14 April 15, 2004 were included in astrike-everything amendment to HB 2140, which was given approval by the Senate Natural Resources & Transportation Committee two weeks ago. When issues regarding funding sources and allocations for land acquisition near military installations and Attorney General land use over- sight are resolved, this bill will continue its way through the leg- islativeprocess. In other military preservation legislation news, three bills are moving closer to becoming law and should arrive on the Governor's desk by next week. On Tuesday, the Senate unani- mouslypassed HB 2134, HB 2141 and HB 2662. HB 2134: Natural Gas Storage Facilities; Restrictions prohibits a natural gas storage facility from locating within nine miles of Luke Air Force Base. HB 2141 relates to public disclosure and maps of accident poten- tialzones, clear zones and high noise zones associated with Luke Air Force Base Auxiliary Airfield #1. HB 2662 addresses issues concerning military training routes in the State. The bills' sponsors, Representatives John Nelson and Jennifer Burns have agreed to the Senate changes, sending the bills to a final vote in the House to approve the Senate versions. This vote is expected later today. Upon passage in the House, the bills will be sent to the Governor's desk for her signature. Two other bills addressing Arizona's military installations continue to make their way through the legislative process. HCM 2011, which requests approval from Congress for the Bureau of Land Management to trade land with landowners riear Luke Air Force Base and Yuma Army Proving Ground, was approved in Senate Committee of the Whole and needs one more vote in the Senate before heading back to the House for the sponsor, Representative Nelson, to accept or reject the Senate changes. Later today, the House Committee of the Whole will be consider- ing SCM 1008, a measure asking the Department of Defense to consider making an Arizona military base the home of the F-35 joint strike fighter. Legislative Bulletin is published by The League of Arizona Cities and Towns> 1820 W. Washington Street, Phoenix> AZ 85007. Phone: (602) 258-5786. Fax (602) 253-3874. Email: league@mg.state.az.us. Visit us on the Internet at www.azleague.org. • ~~ LEGISLATIVE BULLETIN .. '+~ ~. 3' ,., ..r IN THIS ISSUE • Pima Transportation Bill Crosses the Legislative Finish Line ..............1 Signed On The Dotted Line! ...................1 County Assessor Mandate Bill Still Alive ............1 Budget, Budget, Who's Got the Budget? .............2 School Voucher Bill Continues to Linger ....... 2 House Debates Tourism and Sports Authority Funding ...2 ~.Cc't~tily Cl~ 1~.TiZC111c1 "~` ~1tl..~S AND 1{~~.~ Legislative Bulletin is published by the League of Arizona Cities and Towns. Forward your comments or suggestions to: League of Arizona Cities and Towns 1820 W. Washington Street Phoenix, Arizona 85007 Phone:602-258-1786 Fax:602-253-3874 E-mail: league@mg.state.az.us Internet: w~~v.azleague.org Issue No. 15 April 22, 2004 Pima Transportation Bill Crosses the Legislative Finish Line By a vote of 40 ayes and 16 nays, the House passed and sent to the Governor HB 2507: Regional Transportation Authority; Excise Tax on Monday. This legislation reinstates the authority of the Pima Association of Governments, serving as the regional transportation authority, to call a countywide sales tax election to help fund the region's transportation plan. Congratulations to all of the Pima County municipal and community officials who have worked hard on this legislation! Thanks to the southern Arizona leg- islative delegation for their support on this issue, especially Representative Steve Huffman for his sponsorship of the bill. HB 2507 is expected to be signed into law by Governor Napolitano shortly. Signed On The Dotted Line! The Governor signed two League resolutions this week; SB 1242, a bill that allows a judge to assess and charge a convicted arsonist for the cost of the emergency service and investigation associated with the fire was signed and is now Chapter 103. SB 1244, a bill that requires automatic recounts in municipal elections that are decided with a margin of less than ten votes was also signed by Governor Napolitano and is Chapter 132. Both of these bills are important to cities and towns and we thank Governor Napolitano for seeing it that way too. County Assessor Mandate Bill Still Alive The Maricopa County Assessor has attempted for the last two years to pass legislation requiring cities and towns to provide information to the assessor when they acquire or sell properties. Virtually everywhere in Arizona, this information is akeady provided through cooperative agreements between municipalities and assessors. In addition to the cooperative agreements with assessors, municipalities are already required to pass this information onto the counties through the recorders. Nevertheless, Maricopa County Assessor Revirl Ross feels the need. to elevate this local issue to the State. This year's version, SB 1341, Affidavit of Value; Political Subdivisions, creates an unfunded mandate on cities, towns, and state agencies by requiring affidavits of value for properties acquired to be filed with the county recorder accompanied with a filing fee, presumably to cover the costs of the county recorder conveying the information to the county assessor. As previously mentioned, cities and towns must already file with the county recorder when they acquire property. This legislation would burden cities and towns with an additional mandate because - CONTINUED ON PAGE 2 • Page 2 i ; Issue No. 15 April 22, 2004 apparently the county assessors (or at least one assessor) are hav- ing problems receiving the information from the county recorders. School Voucher Bill Continues to Linger The bill requires additional information to be filed with the recorder, and to add insult to injury, the bill was amended in the House Committee of the Whole to require cities, towns and state agencies to not only file the additional information but to also pay the recorders for receiving it. The amendment now requires us to pay the counties for providing them with the information that they are seeking through the bill! If there is an issue with an assessor not receiving adequate infor- mation,the problem should be resolved between the govern- mentalentities involved rather than mandating new require- merits statewide. Also, if there is an internal county issue between assessors and recorders, we believe it is inappropriate to resolve the issue by placing mandates and fees on other levels of government. ~~ ICI The bill is ready for a vote by the full House but has not been scheduled. There is an effort to strip off the fee requirement and move the bill with the reporting requirement only. While this would be an improvement, the bill would still be a bad mandate on cities and towns. Please contact your representatives to voice your opposition to the bill. Budget, Budget, Who's Got the Budget? The Legislature's typical target adjournment day, the 100th day of session, came and went this week without a budget or final action on all of the bills. While the bills appear to be wrapping up and making their way through the House, Senate and conference com- mittees, abudget deal appears to be a long way off, which could foreshadow another marathon session lasting indefinitely. At this point, the House and Senate are each proceeding with their own working groups, but consensus has not been reached among the stakeholders in either chamber and both chambers are not meeting with each other or the Governor. We have heard rumors that the House working document still contains an option lowering state shared revenue to 14.8%, however, since the working groups are keeping the documents under tight wraps, we have not seen anything in writing yet. As always, we will let you know should any movement occur on the budget, especially if state shared revenue is on the table. As reported last week, House Committee amendments were added to SB 1109 making it a bill to promote and. protect private schools. Among the provisions are preemptions against cities and towns from land use regulations regarding private schools. This is espe- ciallyproblematic when a private school acquires an existing home or building in a residential area. The preemption would prohibit cities and towns from attempting to prevent or mitigate the impacts of a new school on adjacent properties such as park- ing,traffic and noise. The bill still needs to clear the House Rules Committee before being considered by the full House. The Rules Committee has not scheduled their next meeting so further consideration of this bill will likely not happen any sooner than late next week. We will keep you posted, but please contact your representatives to express your concerns regarding the local land use regulation preemptions and the negative impact that they would have on neighborhoods. House Debates Tourism and Sports Authority Funding Last week, the House Appropriations Committee adopted a strike-everything amendment to SB 1037 which would prohibit the Tourism and Sports Authority (TSA) from supplementing NFL tax revenues with General Fund dollars in order to meet a guaranteed minimum amount of revenue. This amendment was prompted by recent legislative attention to the law that assures TSA a minimum of $3.5 million each year, plus 8% growth from collections consist- ing of income taxes paid by the Cardinals' corporate organization, its employees (including players) and their spouses, which are known as the NFL tax revenues. If these revenues do not equal the mini- mumamount,the remainder is supplemented by the General Fund. This week, SB 1037 was debated on the House floor and anamend- mentwas attached by Representative Linda Gray to require the TSA to reimburse the General Fund the sum of $1,405,000, which is the amount the General Fund paid in supplemental funding to the TSA for FY 03 and 04. We are closely monitoring this bill to watch for impacts on municipalities, as the TSA uses part of the funding to give grants for youth sports facilities and programs. The bill is expected to receive a formal vote in the House early next week and will then go to the bill's sponsor, Senator Marilyn Jarrett, to accept or reject the House changes. Legislative Bulletin is published by The League of Arizona Cities and Towns> 1820 W. Washington Street, Phoenix, AZ 85007. Phone: (602) 258-5786. Fax (602) 253-3874. Email: league@mg.state.az.us. Visit us on the Internet at www azleague.org.