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Council Agenda Packet 08/19/2003
TOWN OF MARANA, ARIZONA COUNCIL MEETING AGENDA. 13251 N. Lon Adams Road August 19, 2003 - 7:00 p. m. Mayor Vice Mayor Council Member Council Member Council Member Council Member Council Member Town Manager Bobby Sutton, Jr. herb Kai Jim Blake Patti Comerford Tim Escobedo Ed Honea Carol McGorray Mike Reuwsaat Welcome to this Marano Council Meeting. Regular Council Meetings are usually held. the first and third Tuesday of each month at 7:00 p.m. at the Martina Town Hall, although the date or time may change, or Special Meetings may be called at other times and/or places. Contact Town Hall or watch for posted. agendas for other meetings, This agenda may be revised up to twentx-four hours prior to the meeting, In such a case a new agenda will be posted in place of this agenda. Call to the Public.. This is the time for the public to comment. Members of the. Council may not discuss items that are not specificaIIy identified on the agenda. Therefore, pursuant to A.R.S. 38-431.01(G), action taken as a result of public comment wiIl be limited to directing staff to study the matter, responding to any criticism or scheduling the matter for further consideration and decision at a later date.. If you are interested in speaking to the Council. during Call to the Public, Public Hearings or other agenda items, you must fill out a speaker card. (at the rear of the Council Chambers) and deliver it to the Clerk in advance of the meeting. All persons attending the Council Meeting, whether speaking to the Council or not, are expected to observe the Council Rules, as well as the rules of politeness, propriety, decorum and good conduct.. Any person interfering with the meeting in any way, or acting rudely or loudly will be removed from the meeting and will not be allowed to return. The Americans with Disabilities Act (ADA), 42 U.S.C.. §~ 121.01-12213 (Suppl. 1992) provides. that persons with a disability may request a reasonable accommodation, such as a sign language interpreter, by contacting the Town Clerk at 682-3401. Requests should be made as soon as possible to allow time to arrange the accommodation. For a copy of this agenda or questions about the Council Meetings, special services, or procedures, please contact Jocelyn C. Bronson, Town Clerk, at 682-3401, Monday through Friday .from S:OO a.m. to 5:.00 p.m. _ - __ _- - ACTION-MAYBE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA. Amended agenda items appear in italics. Posted by August 15, 2003 by 7:00 o'clock p.m,, at the Martina Town Hall, Martina Police Department, Martina Development Senxices Center. ^ 1 TOWN OF MARANA, ARIZONA COUNCIL MEETING AGENDA 13251 N. Lon Adams Road August 19, 2003 - 7:00 p.m. I. CALL TO ORDER IT, PLEDGE OF ALLEGIANCE IIL INVOCATION/MOMENT OF SILENCE N. ROLL CALL V. APPROVAL OF AGENDA VI. ACCEPTANCE OF MINUTES Minutes of the August 5, 2003 Council Meeting VII. CALL TO TAE PUBLIC~ANNOUNGEMENTS~INTRODUCTIONS At this time,. any member of the public is allowed to address the Town Council on any issue nut already on tonight's agenda.. The speaker may have up to three (3} minutes to speak. Any persons wishing to address the Council must: complete a speaker card (located. at the rear of the Council chambers} and deliver it to the Town Clerk prior to this agenda item being called. Pursuant to the Arizona Open Meeting Law, at the conclusion of Call to the Public, individual members of the Council may respond to criticism made by those who have addressed the Council, may ask. staff to review the matter, or may ask that the matter be placed on a future agenda. VIII.. STAFF REPORTS IX. GENERAL ORDER OF BUSINESS A. CONSENT AGENDA The consent agenda contains agenda items requiring action by the Council which are generally routine items not requiring council discussion.. A single motion will approve all. items on the consent agenda, including any resolutions or ordinances. A Council Member may remove any issue from the consent agenda, and that issue will be discussed and voted upon separately, immediately following the consent agenda.. L Resolution No. 2003-82: Intergovernmental Agreement between the Town of Marano and the University of Arizona to extend and amend membership in the -- - - - Water Conservation-Alliance of Southern Arizona (Brad.DeSgain} - - - - -- - 2. - _Resolution No. 2003-88 : San Lucas Final Block Plats An application for approval - - of a Final Block Plat fora 291.97 acre Master Planned Development located east of I-10, north of Adonis Road, and west of the CAP canal, in a portion of Section 22, Range 11 East, and Township 11 South (Joel Shapiro} 2 TOWN OF MARANA, ARIZONA COUNCIL MEETING AGENDA 13251 N. Lon Adams Road August 19, 2003 - ?:00 p.m. 3. Resolution No. 2003-93: Acceptance of Dove Mountain Boulevard Phase IV into the Town of Marano Streets Maintenance System (Moghimi} 4. Resolution No. 2003-87: Issuance of Quit Claim Deeds in Honea Heights (Jim DeGrood} 5. Resolution No. 2003-92: Issuance of Quit Claim Deeds to Tucson Water; Wellsite Y-004 (Jim DeGrood} 6. Resolution No. 2003-94: Acceptance of a Grant Agreement between. the FAA and the Town of Marano far the installation of perimeter fence and to complete pavement maintenance at Marano Northwest Regional Airport (Charlie Mangum} B. COUNCIL ACTION L Resolution No. 2003-91: Authorization to enter into an Intergovernmental Agreement with the Marano Unified School District (MLTSD} in which the Town will receive portable buildings in exchange for educational services (Forbad Moghimi} . 2. Resolution No. 2003-89: Authorization to enter into an Agreement with Old Pueblo Archaeology Center, anon-profit organization, for educational. services to be provided by Old Pueblo Archaeology Center to the Town of Marano and MUSD in exchange for portable buildings fQr use by Old. Pueblo at the Town of Marano. Operations Center (Forbad Moghimi} 3. FUBLIC HEARING: -Ordinance No. 2043..19 -Sanders and Moore Rezone: Request by Susan. Hernandez and SC Ranch Holdings, L.L.C. to rezone approximately 40 acres of land from "A" (Small Lot Zone} to "R ti" (Single Family ResdentiaU6000 sq. ft. minimum lot size} and "NC" (Neighborhood Commercial} creating 30 acres for future residential use- and a 10-acre eommercaial parcel. The Subject property is generally located at the northeast corner of Sanders Road and Moore Road, within Section 28, Township 11 South, Range 11 East (Joel Shapiro} 4. PUBLIC HEARING: Ordinance No. 2003.20 -Saguaro Ranch Rezone: Request to rezone approximately 75 acres located north of Moore Road and east of Thornydale Road in a portion of Section 29, Township 11 South, Range 13 East, from"C" (Large Lot Zone}, to "R-144" (Residential, 144,000 square feet per lot} Joel Shapiro _.. _ . _ 5. Resolution No. 2003-90: Skvranch Preliminary Plat: A request for approval of a - _- - -Preliminary Plat for a single family subdivision of 36S homes, Block-"A", and Parcel- ___ ______~ ~_. _ -- - "A", on approximately 512.5 acres within the Sl;yranch Specific Plan area, located - _ _ at the. southeast corner of Tangerine Road and Camino de Oeste, within Section ti, Township 12 South, Range I1 East (Shapiro} 3 r~ U TOWN OF MARANA, ARIZONA COUNCIL MEETING AGENDA. 13251. N. Lon Adams Road August 19, 2003 - ?:00 pm. G. Resolution No. 2003-95: Consideration and possible adoption of a resolution of the Town Council of the Town of Marana, Arizona, approving all matters with respect to the sale and issuance of not to exceed $20,000,000 aggregate principal amount of Town of Marana Municipal Property Corporation Municipal Facilities Revenue Bonds, Series 2003 and delegating to the Manager and the Finance Director of the Town of Marana, Arizona, the authority to determine various terms with respect to the bands and declaring an emergency (Roy Cuaron} 7. Resolution No. 2003-96: Authorization to enter into a Memorandum of Understanding with Northwest Fire District, modifying the 1998 IGA between the parties by, among other things, eliminating the Town's obligation to construct the Marana Municipal Complex Fire Station with bond funding issued by the Marana Municipal Property Corporation (Frank Cassidy] C. MAYOR AND COUNCIL'S REPORT D. MANAGERS' REPORT • X. UPCOMING EVENTS XL FUTURE AGENDA ITEMS XII. ADJOURNII~IENT Bobby Sutton, Jr., Mayor 4 MINUTES OF REGULAR COUNCIL MEIJTING n'[ARANA TOWN HALL AUGUST 19, 2003 n ~J PLACE AND DATE Marana Town Hall, August 19, 2003 I. CALL TO ORDER By Vice Mayor Kai at 7:03 p.m. II. PLEDGE OF ALLEGIANCE Led by Vice Mayor Kai III. INVOCATION/MOMENT OF SILENCE An invocation was given by Brad DeSpain IV. ROLL CALL COUNCIL • Bobby Sutton, Jr. Mayor Excused Herb Kai Vice Mayor Present Jim Blake Council Member Present Patti Comerford Council Member Present Tim Escobedo Council Member Present Ed Honea Council Member Present Carol McGorray Council Member - , Present STAFF Michael Reuwsaat Town Manager Present Frank Cassidy Town Attorney Present Jocelyn Bronson Town Clerk Present Jim DeGrood Development Services Administrator Present Jaret Barr Assistant to the Town Manager Present Joel Shapiro Planning Director Present Roy Cuaron Finance Director Present Attached is a list of public attendees. V. APPROVAL OF AGENDA Upon motion by Council Member Honea, seconded by Council Member Escobedo, the agenda was unanimously approved. r~ U 1 MINUTES OF REGULAR COUNCIL MIJETING MARANA TO~'VN HALL AUGUST 19, 2003 • VI. ACCEPTANCE OF MINUTES Upon motion by Council Member Blake, seconded by Council Member McGorray, the minutes of the August 5 , 2003 regular Council meeting were unanimously approved. VII. CALL TO THE PUBLIGANNOUNCEMENTS Ed Stolmaker, Chamber of Commerce Executive Director, reported on happenings at the Chamber and gave a brief summary of its quarterly report. He said that the Board's retreat, held July 11, 2003, had produced several guidelines for improving the Chamber's success in the business community and included the following: 1. Take a more vigorous approach to the Chamber's financial management 2. Develop mechanisms to improve consistent communications between the Town and the Chamber 3. Develop the membership pool and devise methods to increase the value of the membership to the area's businesses 4. Develop marketing strategies 5. Provide membership with events and activities that make good business sense Mr. Stolmaker said that a recently formed membership development committee would evaluate the membership by comparing actual business license holders to the chamber membership. He reported that the committee believed the comparison results would be significant and would be used to prepare the next step of the process, distributing a survey to all members and businesses in Marana. He indicated that part of the chamber's financial management plan would be the survey results as growth of the chamber was an essential part of its financial stability. He reported that a building committee had also been formed and had studied the future plans for the Chamber building and the possibility of relocating. He said that this committee, consisting of Council Member Honea, Council Member Escobedo, four board members and one chamber member, was unanimously in favor of becoming part of the Marana Heritage Park. The director continued by reporting that the Chamber's visitors center was a key component of the chamber and that Krista Nelson of OroGraphics and GSR Metal Works, volunteered to develop a plan to remodel the center. He stated that he was working with local businesses that could provide the necessary supplies and fixtures for the remodeling effort and with Chamber members able to volunteer time on the remodeling effort. 2 __ . I~~IINUTF.S OF 1ZEGULAR COUNCIL MEIJTING MARANA TO~~'N HALL AUGUST 19, 2003 • He said that the center had experienced a substantial loss in the last quarter compared to last year and that the visitor's sign, previously located at the Pima/Final Counties line on I-10, was no longer in place. He did not have any information as to the reason the sign was taken down but noted that he was working with the Arizona Department of Transportation regarding this matter. He plans to inform the Council on the progress regarding the placement of this sign. Mr. Stolmaker thanked the Mayor and Council, the department heads, and the Town employees for a warm welcome to his new position. He ended by listing three new goals of the Chamber's Board of Directors. These goals included implementing a financial management plan, membership development, and better communication with the Town Council. Brad DeSpain spoke before the Council in order to introduce a new Water department employee, Jerry Harris. He mentioned that Mr. Harris had managed the Cortaro/Marana Irrigation District's potable water system for many years. VIII. STAFF REPORTS There were no questions regarding the staff reports. IX. GENERAL ORDER OF BUSINESS A. CONSENT AGENDA 1. Resolution No. 2003-82: Intergovernmental Agreement between the Town of Marana and the University of Arizona to extend and amend membership in the Water Conservation Alliance of Southern Arizona (Brad DeSpain) 2. Resolution No. 2003-88: San Lucas Final Block Plat: An application for approval of a Final Block Plat fora 291.97 acre Master Planned Development located east of I-10, north of Adonis Road, and west of the CAP canal, in a portion of Section 22, Range 11 East, and Township 11 South (Joel Shapiro) 3. Resolution No. 2003-93: Acceptance of Dove Mountain Boulevard Phase IV into the Town of Marana Streets Maintenance System (Farhad Moghimi) 4. Resolution No. 2003-87: Issuance of Quit Claim Deeds in Honea Heights Qim DeGrood) 3 ___.._ ~ w..._.._ _____ _... 1~~1INUTES OF REGULAR COUNCIL MEETING 11IARANA TOWN HALL AUUUST 19, 2003 • 5. Resolution No. 2003-92: Issuance of Quit Claim Deeds to Tucson Water; Wellsite Y-004 (Jim DeGrood) 6. Resolution No. 2003-94: Acceptance of a Grant Agreement between the FAA and the Town of Marana for the installation of perimeter fence and to complete pavement maintenance at Marana Northwest Regional Airport (Charlie Mangum) Upon motion by Council Member Escobedo, seconded by Council Member Blake, the consent agenda was unanimously approved. B. COUNCIL ACTION 1. Resolution No. 2003-91: Authorization to enter into an Intergovernmental Agreement with the Marana Unified School District (MUSD) in which the Town will receive portable buildings in exchange for educational services (Farhad Moghimi) Mr. Reuwsaat presented this item before the Council. He gave a brief outline of the intergovernmental agreement which would allow the Town to take possession of three portable modular buildings from the Marana Unified School District (MUSD) in exchange for educational services. He said that the Town would provide MUSD with public educational benefits such as guided archaeological site tours for each District school during each school year to a site in the Cortaro/District Park. He remarked that last year the Towri s archaeology program had received the Governor's Public Archaeology Award and that Old Pueblo Archaeology had performed the award-winning work. He explained that issues related to the cactus ferruginous pygmy owl and the U.S. Army Core of Engineers were impeding plans for an archaeology center at the Cortaro/District park site but that the Town wanted to continue with its offering of public archaeological educational programs as a benefit to the residents. Mr. Reuwsaat recommended approval of the proposed Council action. Upon motion by Council Member McGorray, seconded by Council Member Blake, Resolution No. 2003-91 was unanimously approved. 2. Resolution No. 2003-89: Authorization to enter into an Agreement with Old Pueblo Archaeology Center, a non-profit organization, for educational services to be provided by Old Pueblo Archaeology Center to the Town of Marana and MUSD in exchange for portable buildings for use by Old Pueblo at the Town of Marana Operations Center (Farhad Moghimi) 4 MINUTES OF REGULAR COUNCIL MEETING h~1ARANA TOWN HALL AUGUST 19,.2003 Mr. Reuwsaat addressed the Council regarding this item and explained that this agreement was the continuation of the previous agenda action. He said that Old Pueblo Archaeology Center would be providing the educational services to the MUSD schools. Upon motion by Council Member Honea, seconded by Council Member Blake, Resolution No. 2003-89 was unanimously approved. 3. PUBLIC HEARING: Ordinance No. 2003.19 -Sanders and Moore Rezone: Request by Susan Hernandez and SC Ranch Holdings, L.L.C. to rezone approximately 40 acres of land from "A" (Small Lot Zone) to "R-6" (Single Family Residentia~/6000 sq. ft. minimum lot size) and "NC" (Neighborhood Commercial) creating 30 acres for future residential use and a 10-acre commercial parcel. The Subject property is generally located at the northeast corner of Sanders Road and Moore Road, within Section 28, Township 11 South, Range 11 East (Joel Shapiro) Upon motion by Council Member Escobedo, seconded by Council Member Blake, unanimous approval to go into public hearing was given. Joel Shapiro spoke before the Council regarding this item. He gave a brief outline of the rezone request and said that the proposed project conformed to the Marana General Plan guidelines as well as the area plan. He informed the Council that this request had been properly advertised and, to date, no objections from the public had been received. He added that the Planning Commission had unanimously approved the rezone request and recommended approval of the request with the 19 listed conditions. These conditions, contained within the text of the ordinance, included such requirements as Subdivision Design Standards compliance at the time of development, fair share contributions for parks and schools, and surveying for archaeological resources. Council Member Escobedo inquired about whether several residences located within the project area were also included in this rezone request. Carl Winters, representing the applicant, responded that the property owners in question had been approached on being included in the proposed effort but had chosen not to participate. 5 ~. _ ___ _ . ___ _ ~._0 MINUTES OF REGULAR COUNCIL MEETING MARANA TO~'VN HALL _ _ AUGUST 19, 200 Council Member Honea asked about specific timelines that might be in place for the development project. Mr. Winters replied that a definite timeline had not been formed but that the residential portion of the project would probably begin soon with the commercial portion following within the next five years. Mr. Reuwsaat interjected that there was a five year sunset clause on commercial land development. Vice Mayor Kai asked about the home owners meeting and Mr. Winters replied that, out of 8 or 10 attendees, there were no objections lodged against the proposed rezone request. Upon motion by Council Member Comerford, seconded by Council Member Blake, unanimous approval to come out of public hearing was given. Upon motion by Council Member Honea, seconded by Council Member Escobedo, Ordinance 20.03.19 with the recommended conditions was unanimously approved. 4. PUBLIC HEARING: Ordinance. No. 2003.20 - Saguaro Ranch Rezone: Request to rezone approximately 75 acres located north of Moore Road and east of Thornydale Road in a portion of Section 29, Township 11 South, Range 13 East, from "C" (Large Lot Zone), to "R-144" (Residentia1,144,000 square feet per lot) (Joel Shapiro) Upon motion by Council Member Comerford, seconded by Council Member McGorray, approval to go into public hearing was unanimous. Mr. DeGrood addressed the Council regarding this rezone request. He gave a brief outline of the item and said that the listed conditions were grouped according to their application. He explained that the first 16 conditions were, for the most part, performance standards and would substantially limit .the amount of grading to the property. He reviewed several of the conditions for the audience. He remarked that building height had been limited to a maximum of 18 feet above the grade and that requirements for landscape salvage plans to be performed on each lot was a condition that would not ordinarily be required. 6 __ MINUTES OF REGULAR COUNCIL MEETING A~IARANA TO«'N HALL . AUGUST 19, 2003 C He said that any slope exceeding more than four feet in height was to be specially treated in a way that it would be viewed as an indigenous slope rather than as a constructed man-made slope and would include the use of extensive vegetation as well as special treatment of the surface. He continued by stating that Condition 17 required the submission of a site- specific vegetation inventory and landscape plan prepared by a Registered Landscape Architect or Biologist, which would extend a minimum of 50 feet beyond the proposed limits of any disturbance. He pointed out that penalty clauses dealing with remedies for over grading were in place as well as requirements for coloring of structures, roof treatments, and mechanical equipment screening. He informed the Council that a supplemental condition, Condition 17.u, had been added after the distribution of the Council packets. Jack Anderson, area property owner, spoke before the Council and said that he was in favor of this project. He commented that this development was of a top notch quality. He noted that his property was contiguous to the northern boundary of the project and that he wholeheartedly supported the entire plan. He urged the Council to approve the request. Frank Cassidy continued the clarification of Condition 17.u and commented that the proposed ordinance previously distributed in the Council packet was slightly different than the ordinance being presented for approval at this meeting. He explained that several language changes and clarifications had been made. He indicated that the first 16 conditions applied to the 75 acre rezoning site and that the 17~ condition required the developer to place covenants, conditions and restrictions (CC&Rs) over the entire 1, 033.5 acre project. He informed the Council that a subparagraph, (17. u), had been added and made all of the substantive requirements of Conditions 1 through 16 required for the entire project. He continued by outlining several other corrections and clarifications made to the ordinance. He explained that Condition 9 was changed to accommodate the provision of an elevator. He said that the language was altered in order to provide a clearer reading of the requirement and to indicate that it applied to each individual location. • MINUTES OF REGULAR COUNCIL MEETING hIARANA TO«N HALL AUGUST 19, 2003 r 1., Tom Schramski, area resident, spoke before the Council regarding this item. He thanked the Council and Town staff for being especially open to questions and concerns brought forth by the neighboring property owners. He said that, although he was not totally opposed to this development, he did have a number of significant concerns. He asked that the Council deny the rezone request or, at the least, delay it in order to investigate these concerns more thoroughly. He said that, in his opinion, long term implications were associated with the overall project and that it was unnecessary for the property to be rezoned at all. He suggested that the proper zoning designation was RD-180, Rural Development, because of the project's location within the midst of other natural desert properties. He added that he appreciated the numerous restrictions placed by the Town on the project and urged the Town to continue exercising vigilance over the project. Jaret Barr thanked Mr. Schramski for voicing his concerns and for his kind words in support of the Town staff. He addressed some of the issues raised by the area resident and interjected that the developer had been more than accommodating regarding all of the issues the Town has brought forth, especially on the rezone request. Upon motion by Council Member Escobedo, seconded by Council Member Honea, unanimous approval to go out of public hearing was given. Upon motion by Council Member Honea, seconded by Council Member McGorray, Ordinance No. 2003.20 with new verbiage was unanimously approved. Mr. Reuwsaat commended Mr. Barr and the other Town staff on the outstanding efforts made on this project. 5. Resolution No. 2003-90: Skyranch Preliminary Plat: A request for approval of a Preliminary Plat for a single family subdivision of 365 homes, Block "A", and Parcel "A", on approximately 512.5 acres within the Skyranch Specific Plan area, located at the southeast corner of Tangerine Road and Camino de Oeste, within Section 6, Township 12 South, Range 11 East (Shapiro) MINUTES OF RI/GUL~R COUNCIL MEETING T~IARANA TOWN HALL AUGUST 19, 2003 • Mr. DeGrood presented this item before Council and gave a short synopsis of the project. He said that nine conditions were associated with the preliminary plat approval and that Condition 9 which addressed the housing product mix, did not yet identify the specific type of housing product planned for the subdivision but that restrictive language was in place that limited the number of two-story homes and required a twenty foot minimum separation between primary structures exceeding twenty- five feet. He noted that the remaining conditions largely articulated requirements that were contained within the rezoning process. He said that the transportation improvements proposed for this project were satisfactory and appropriate. He recommended approval of the Council action, Resolution No. 2003-90. Upon motion by Council Member McGorray, seconded by Council Member Blake, Resolution No. 2003-90 was unanimously approved. Mr. Reuwsaat commented that the developer, Gary Stiteler, had taken full responsibility for meeting the U.S. Fish and Wildlife requirements relating to the cactus ferruginous pygmy owl and had essentially vowed to make certain that the Skyranch development was environmentally sensitive. He added that the Desert Education Children s Center would eventually be a part of this subdivision and would be a tremendous asset for the community as well as a true benefit for the area's children to learn about the desert. He said it was also a good example of partnering between the public and private sector, particularly this sitting Council. 6. Resolution No. 2003-95: Consideration and possible adoption of a resolution of the Town Council of the Town of Marana, Arizona approving all matters with respect to the sale and issuance of not to exceed $20,000,000 aggregate principal amount of Town of Marana Municipal Property Corporation Municipal Facilities Revenue Bonds, Series 2003 and delegating to the Manager and the Finance Director of the Town of Marana, Arizona, the authority to determine various terms with respect to the bonds and declaring an emergency (Roy Cuaron) Roy Cuaron spoke before the Council regarding this item. He said that the proposed resolution authorized the execution of any documentation necessary to effectuate the sale of approximately $20M in bonds, the proceeds of which would be utilized to finance the construction of the new municipal complex. 9 ____w__ MINUTES OF REGULAR COUNCIL MEIJTING ~I~RANA TOWN HALL AUGUST 19, 2003 0 He reported that an upgrade of the Towri s credit worthiness from "A" to "A+" had recently been acquired from Standard & Poor's Ratings Services and that this was a highly unusual accomplishment for a small rural community lacking in job diversity and population. He named several other communities holding the same credit rating including cities such as Phoenix, Tempe, Gilbert, and Scottsdale, all of which have much larger population bases than Marana. The finance director commended Mark Reader and Michael Cafiso, the Towri s bond counselor and financial advisor respectively, for their efforts in organizing the recent rating trip to San Francisco and, especially, Mr. Reader for his pointed questions to the rating agencies prior to the issuance of the new rating. He said that he had personally learned quite a bit about how municipal credit was evaluated and that Marana recognized that it must improve its employment and economic bases in order to achieve a higher rate at the next evaluation. He continued by asking for approval of the proposed resolution authorizing the issuance of bonds not to exceed $20M. He explained that an average rate of about 4.75 was expected. U on motion b Council Member Blake seconded b Council Member p Y ~ Y Escobedo, Resolution No. 2003-95 was -unanimously approved and an emergency was declared. Vice Mayor Kai acknowledged the importance of the new and higher credit rating. He joined Mr. Cuaron in his praise of Mr. Reader and Mr. Cafiso, 7. Resolution No. 2003-96: Authorization to enter into a Memorandum of Understanding with Northwest Fire District, modifying the 1998 IGA between the parties by, among other things, eliminating the Town's obligation to construct the Marana Municipal Complex Fire Station with bond funding issued by the Marana Municipal Property Corporation (Frank Cassidy) Mr. Cassidy presented this item to the Council and said that this was basically a housekeeping item. He confirmed that the Town had entered into an intergovernmental agreement (IGA) in 1998 with the Northwest Fire District which would allow the District to use the Town's bonding process in order to construct the municipal complex fire station. 10 I~~IINUTES OF REGULAR COUNCIL ME11T1NG i~~TARANA TO~~N HALL AU(YUST 19, 2003. He reported that last week the District decided to use its own financing and the memorandum of understanding (MOU) was simply a modification to the IGA, no longer obligating the District to use that process. Council Member Escobedo asked if this modification would change who the builder of the fire station would be or if D.L. Withers would continue to be the builder of record. Mr. Reuwsaat responded by saying that this decision would be up to the Northwest Fire District but that the builder would most likely remain as D. L. Withers. Upon motion by Council Escobedo, seconded by Council Member Blake, Resolution No. 2003-96 was unanimously approved. C. MAYOR AND COUNCIL'S REPORT Council Member congratulated Town staff on the success of the recent Council retreat in Prescott. Vice Mayor Kai agreed that the Council retreat was a success and that much was accomplished. He thanked everyone for their efforts in organizing this annual event. D. MANAGERS' REPORT Mr. Reuwsaat alerted the Council of possible press coverage concerning the Court of Appeals remand of the listing of the cactus ferruginous pygmy owl back to the District court. He said that this would cause varied speculation by different attorneys but that it was business as usual for the Town as its Habitat Conservation Plan (HCP) was amulti-species consideration. X. UPCOMING EVENTS There were no upcoming events discussed at this time. XI. FUTURE AGENDA ITEMS There were no future agenda items suggested at this time. 11 ~,~„~,m~___.__._ ~ _. _ __. MINUTES OF 1tI;CULAR COUNCIL I~~TEETING n1ARANA TOWN HALL AUGUST 19, 2443 i XII. ADJOURNMENT Upon motion by Council Member Escobedo, seconded by Council Member Blake, approval to adjourn was unanimous. The time was 7:53 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on August 19, 2003. I further certify that a quorum was present. Jocelyn Bronson, Town Clerk C7 r"1 -___J 12 1~Z4RANA TOWN COUNCIL MEETING Public Attendees DATE: t.~t. ~ 1 ~ ~3 Name Address ~v ~~~ F~ ~'vclA2~ Nt.~E2S 7I ~/ ~! , ~A K PA rte.. ~".~r_s~~ Zs A • .~ lam` I C ~a~p_ t5~,.~ N ~cA-[~- S~M.oas~~,J ~~~ ~~~~ ~' S~ ~ N~ ~~ Sc:~l ~-~t~~r~i ~~ • 112A~RANA TOWN COUNCIL MEETING . Public Attendees DATE: 1 ?j Name Addrncc ~ ~~ l~ ~, ~~{- • C e ~ Z$I (~~ X40%~ r ~~~,~ ~ ~ w~~~~~ ~- i c,~~tt -~d~ ~~~~ ~OMC ~ 5~~~ tit ~ L t5~ P?i~ rHl~l , ,9 2- 8 s'z s ~ ~ ~ .~ ~, ~ Gr ~ ~ ~' ~ ~~ dL iJC ~~/ ~ S3 ~ 5 r~ z ~ .~ % y ry ~~ • C N 1 9 7 7 STAFF REPORTS TO COUNCIL n Building Parks & Rec Town Clerk Court Finance Human Resources ~/ Planning Police ~/ PW/Engineering ~/ Water • \~~z N~ 4 l PUBLIC WORKS ,+ ~~~~ ~yfz` ~~~ STAFF REPORT Capital Improvement Projects The following are capital improvement projects in design. Ina Road Improvements Silverbell Road Improvements 1-10 to Silverbell Road { Cortaro Road to Ina Road This project consists of reconstructing the This project consists of roadway improve- ; roadway to four lanes with curb and gutter, ments and construction of two new a multipurpose lanes and sidewalks, and bridges, including design and reconstruc- t providing for a continuous center turn lane, tion to widen to four lanes with multiuse sanitary sewer system construction and lanes, median island, curb, curb and intersection improvements at Ina/Silverbell, gutter and sidewalk installation, drainage which includes a new traffic signal system. improvements, landscaping, signal •' Estimated construction time: Fall 2003 Status: Environmental, Biological, DCR, Geotechnical Report, Pavement Design Summary, and Archaeological reports are complete and have been accepted. The 404 Permit application has been submitted to the Army Corps of Engineers (ACOE) and review is ongoing. Third year of Pygmy Owl Survey has been completed. ACOE is still in the process of reviewing the plan as submitted by 01d Pueblo. The Town is in receipt of the final sanitary sewer basin study and the study has been accepted by both the Town and PCWWM. The Town is in receipt of the sanitary sewer plans and traffic signal plans and review is currently underway. • mod~cattons, artwork and street Ilghting. Project is 1.1 miles in length. Estimated construction time: Spring 2005 Status: 404 Permit application has been submitted. First year of Pygmy Owl Sur- vey has been completed. The DCR has been reviewed and returned to the consultant with the final DCR expected in July 2003. The Traffic Impact Analysis, Phase I Environmental Site Assessment, Archaeology, the amended Bridge Inspec- tion, Bridge Stability Analysis, Grade Con- trol Stability Analysis, Bridge. Selection and Location Reports are completed and have been accepted; NPPO Plan has been accepted and Draft Access Manage- ment Report is on hold at this point in time. Access Management acceptance letters have been received by the consult- ant from the abutting property owners. The. Town is in receipt of the 75% im- provement plan submittal and the review is underway. The bridge plans and sup- porting documents have been transmitted to ADOT for review and comment. ~/~/~11 ' I~ ~~ MARANA ~~~ August 2003 (Staff Report for the month of July) Capitallmprovement 1-4 Projects in Design Capitallmprovement 5 Projects in Construction Recently Completed 6 Projects Traffic Division Report ~ Environmental g Planning Projects Public Works Arts 9 Project Committee non PUBLIC WORKS MISSION AND VALUES "The Marana Public Works Department is committed to .providing quality service by consistently delivering and maintaining reliable, safe public facilities with a productive, respectful and ethical work force. " Our operating values are: • Satisfaction • ReppectfW • Communication • Reliable • Productive • Quality • Ethical • Consistency • Service • Safety • Integrity • Commitment Silverbell Road -Cortaro to Ina August 2003 Capital Improvement Projects in Design (continued) Tangerine Road -Breakers to Thornydale Road Design Concept Report This project consists of drainage improvements and repaving of portions of Tangerine Road. Estimated construction time: Fall 2003 Status: Environmental clearances and the various per- mitting requirements are being addressed through Westland Resources. Second year of Pygmy Owi Survey has been completed. A biological assessment has been completed and forwarded to EPA for consultation. A 404 permit application has been completed. The Town has decided to pursue a maintenance oriented program for the road and has requested Tetra Tech to generate con- struction plans by the end of June. Project advertisement is tentatively scheduled for August 2003. Tangerine Road/Thornydale Road Intersection Improvements This project consists of design and construction for intersection improvements. Estimated construction time: Winter 2003 Status: Tetra Tech has. completed and resubmitted the plans to incorporate the design changes for the signaliza- tion. Second year of Pygmy Owl Survey has been com- pleted and 404 permit process were initiated in September 2001. The biological assessment for this project has been combined with the report for the Breakers to Thornydale Road segment, and as previously stated, has been sub- miffed to EPA for consultation. The Town has determined that traffic signals. are warranted for the intersection; the design and drawings have been modifed to include sig- nals. Coordination needs to continue with State, County and private landowners to solidify acquisition of additional right-of-way for the improvements. Twin Peaks and Scenic Drive Intersection Improve- ments This project consists 1 relocating the current Scenic Drive intersection with Silverbell Road to the south to line up with Twin Peaks Road at Silverbell Road. This is a safety improvement as well as providing a direct access to the future Linda Vista/Twin Peaks traffic interchange at I-10 through Twin Peaks Road. The project will include install- ing culverts, paving, .curb and gutter, and signing and striping improvements. This project also has a .waterline lowering and landscaping improvements. Status: The project advertised July 29-August 1, 2003. The bid opening is scheduled .for August 14, 2003, with a notice of award by mid August. Construction is anticipated to begin .mid September 2003 and run through mid March 2004. Twin Peaks Interchange This project consists of .environmental clearances, DCR and 15% plans for the corridor alignment, Phase I; final design for TI, grade separated railroad structure and con- nection to the roadway system to the east, Phase It. Estimated Construction Time: 2006 Status: The consultant, URS, is continuing to collect data for all aspects of the project. Staff has had the second meeting with the environmental project manager to discuss the logistics of the process; this meeting included person- nel from FHWA and ADOT. The Second project team meet- ing was held on Monday, July 21, 2003 at the Marana De- velopment Services Center. Second year of .Pygmy Owl. Survey has been completed. District Park Bank Protection This project consists of providing bank pro#ection along the west bank of the Santa Cruz River from Ina Road to Cortaro Road. Status: Tetra Tech is the design engineer. 90% plans were submitted to the Town on April 11, 2003. An individual 404 permit application has been submitted to the Army Corps of Engineers. First year of Pygmy Owl Survey has been completed. This area has now been designated as critical habitat. Construction is anticipated to begin in fiscal year 2005. Tangerine(fhomydale Intersection Page 2 PUBLIC WORKS _. ,vim,- ~. . August 2003 Capital Improvement Projects in Design (continued) Thornvdale Road/Orange Grove RoadiCostco Drive Intersection Improvements This project consists of reconstructing the intersections of Thomydale/Orange Grove and Thomydale/Costco and the segment of Thomydale Road connecting the two along with the reconstruction/widening of the remaining approaches; sidewalks, curb, curb and gutter, traffic signal modifications, drainage facilities, median islands, street lighting and art work. Estimated construction time: Summer 2004 Status: The 75% improvement plan submittal is due the first part of August 2003. The phase 1 environmental site assess- ment and the cultural resources reports have been approved. The Town has environmental clearances. Santa Cruz River Shared Use Path Phase 1 and II Santa Cruz River Shared Use Path consists of a 14' wide paved asphalt path from Cortaro Road #o Coachline Blvd. via the. E! Rio Park development. Phase !consists of a building a shared use path between Cor- taro Road and Twin Peaks Road in the over bank area of the Santa Cruz River. Phase II consists of a continuation of the shared use path in Phase I from Twin Peaks to Coachline Blvd. Each phase is partially funded under ADOT's Transportation Enhancement Program. Construction will need to be com- pleted such that the ADOT funds are properly tracked; how- ever, design can be completed as a single project. Status: An environmental determination (ED) submitted to ADOT by Westland Resources is nearing final approval by ADOT's environmental section. In late April 2003, the Town selected Castro Engineering for the path design and Structural Grace for design of the pedestrian bridges. The 30% design plans for the path were submitted in mid-July. Town staff and ADOT personnel will be reviewing the plans for the next few weeks. Construction is anticipated to begin in the spring of 2004. Linda Vista Boulevard This project consists of chip sealing approximately 3/4 mile of roadway from Camino de Marana east to approximately Hart- man Lane. Status: The Town received environmental clearance to pro- ceed with the project. The project advertised July 22-July 25, 2083. The bid opening is scheduled for August 7, 2003, with a notice of award by mid August 2003. Construction is antici- pated to begin mid September 2003 and run through mid Octo- ber 2003. t Town of Marana Northwest Marana Town Center Design and Development Three projects are ongoing to master plan and estab- lish the layout, ambience and design standards of the Northwest Marana Town Center. Northwest Marana Town Center. Master Plan Proiect This project will provide Master Plan Services for fur- ther planning and conceptualization to set design and development standards to facilitate the urbanization of the Northwest Marana Town Center. Status: The master planning and design develop- ment continues as the design guidelines are applied to new buildings, such as the Northwest Fire Station #36 for the Town Center. The Durrant Group has presented the general master plan concept to the. Marana School Board so that exploration of shared facilities and joint planning can be considered. The Town will have the Durrant Group and McGann and Associates continue with the master planning of the rest of Ora Mae Ham District Park and the areas south of the park and the Municipal Complex, and work with the land owners and developers for further use of the Town Center land. Northwest Marana Town Center, North West Fire Station #3h Though this is not a Town of Marana Project, the Fire Station will be on of the first structures constructed along the Marana Main Street con'idor, and is there- fore important to the. overall design. and planning of the Town Core. The project will consist of design and construction of a new North West Fire Station #36 to protect the growing Town Center and Northwest Ma- rana area, The design is being performed by the A&E Durrant and DL Withers is providing design phase construction management services under a CM Risk process. Fire Station #36 will be located on the new Marana Main Street between the Municipal Com- plex and Grier Road. The planning and design of this project will follow the Northwest Marana and the Town Center design guidelines as one of the first buildings in the Town Center. Status: Northwest Fire has reviewed and approved the site plan, floor plan, exterior design and budget. Design development drawings have been reviewed and construction documents are in process.. Project team meetings will be held on Tuesdays after the Municipal Complex AE/CM/PM meetings. Page 3 PUBLIC WORKS August 2003 Capital Improvements in Design (continued) own of Marana Municipal Complex (Marana "MuniPlex"1 This project consists of the design and construction of a new Town Government Complex to house the Town of Marana staff. This complex will be located on 20 acres west of the current Town Hall location. The design by Durrant Group Architects will integrate the MuniPlex and surrounding facilities with the Ora Mae Ham Park which will eventually abut a linear greenbelt park that will run form 1-10 to the Santa Cruz River. This linear park will also serve as a relief conduit for excess water from the Torto- lita Mountain run off. The construction of the main building(s) and facility core is to be done via a Construc- tion Manager at Risk process with the selected CM, D.L. Withers, being involved in' the project during the pre- construction design development stage for value engi- neering, constructability reviews,. technical reviews, cost engineering and estimating, planning, scheduling, and serving as the Construction Manager and Prime Contrac- torduring construction. Status: D.L. Withers has graded the site, including exca- vating several large storm water retention ponds, exca- vated and placed engineered fill for the building pads, completed the sanitary sewer, storm drain system and begun the potable water system. Layout for utilizes under ~he slab on grade, concrete footings and other building lements have begun. A model of the project is located in the Town Hall office for viewing. D.L. Withers also. began the process to procure the major building trades. Queries on the participation in the project should be directed to Marc Thompson or Scott Brotherson of D.L. Withers, at 602-438-9500 or fax 602- 453-0191. Project AE/CM/PM technical meetings are held every Tuesday at 8:30 am. Standard location is at the site office, .but special meetings are held at the offices of the architect or the Town Development Services Center as required. • Northwest Marana Town Center Roads Infrastructure and Offsite Improvements This project will design and construct the offsite utilities, roads, landscape, and other infrastructure and establish the layout of the main Town Center corridors. Current design concept has amain approach street terminating in a T or three approach round-a-bout in front of the new Municipal Complex. The island in the middle of the round-a-bout will have a monumen- tal statement for the Town Center expressing the values of the Town. The current design and construction will encompass the Civic Drive from Barnett Road to Lon Adams, and Marana Main Street from the Civic Drive Roundabout to Grier Road, with future extension of Marana Main north of Grier Road to connect to Sandario Road. The work will include utilities, including a sanitary effluent collection system, sidewalks, landscaping, streetlights, and streetscaping as well as the roads. Status: The new 12" sewer main is completed, inspected and tested, and is waiting only approval from PDEQ to connect to the Marana Apartments. Lateral sewer lines were placed to five feet inside the residents' property line on Grier, with aban- donment of septic tanks and connection to the permanent sewer to be completed later this year. WLB submitted the 100% design drawings for Phase II for review and comment. Advertising and procurement of con- struction scheduled for fate July will slip to August for the construction of the new sewer on Grier from the new Marana Main Street to Lon Adams and the construction of the new roads, utilities, landscape and hardscape on Grier, Marana Main Street and Civic Center Drive. A construction contract to connect sewer lines inside the resident's property is also in process. The street design, landscaping and hardscaping is developed as a boulevard lined with trees, street lights .and banners, and will cant' the Town Center theme throughout the northwest urban center, with a series of "gates" to announce to travelers and residents that they are "in" Marana, to establish a sense of identity and place as well as provide .areas for small commercial, safe pedestrian and cycling. Page 4 PUBLIC WORKS n ,mss . __,., - _ .- -.,~:~ ~~.~~~.~ ~ ~, ~: ~, ~:~.. -~e:~ ~ _- ~ .: .,ate-.~,~: August 2003 Capital Improvement Projects In Construction The following are capital improvement projects in construction. • Cortaro Road Realignment This project consists of realigning and widening Cortaro Road east of I-10 from the Frontage Road to Cerius Stravenue. The existing road and railroad crossing will be abandoned and a new railroad crossing will be installed. r • Status: The contract was awarded to Dar-Hil Corpora- tion. Construction began January 6, 2003. Project is functionally complete, punch list and cleanup in progress. 2003 Pavement Preservation This project consists of annual pavement rehabilitation projects throughout the Town limits. This year we will be concentrating on the Continental Ranch area. Status: Construction started at the beginning of May and is anticipated to run through the end of Juiy 2003. EI Rio Park The project consists of paved paths, landscaping, a shaded play and sitting area, and a half court basket- ball court. The park was originally designed by Novak Environmental and the Town completed the design with the incorporation of additional elements. Status: The construction contract was awarded to Young and Sons, the lowest bidder, and the pre- construction meeting was held on Monday, July 28, 2003. Construction is due to begin in August 2003 with an estimated construction period of 90 days. Status: Ongoing. pistrict Park Native Plant Salvage and Improvements/Mitigation This project consists of the removal, salvaging, and replanting of the vegetation in preparation of park improvements. Coachline Boulevard This project consists of providing sidewalk additions along the east side of Coachline Boulevard from Twin Peaks to Drainage Way No. 2. Status: The contract has been awarded to Falcone Bros. & Associates. Construction is slated to begin mid July through the end of August. Page 5 PUBLIC WORKS Aagast 2003 Recently Completed Projects Cortaro Road Improvements, Silverbell Road to I-10: Completed February 2003. Wade Road: Completed February 2003 Continental Ranch Neighborhood Park: Completed February 2003 Coyote Trails Elementary School Park and Parking Lot Addition: Completed February 2003 Santa Cruz Corridor Trail: Completed April 2003 Costco Street Lighting: Completed May 2003 Sandra Road Bus Turnaround: Completed June 2003 Emigh Road Driveway at Marana High School: Completed June 2003 • Cortaro Road Improvements Continental Ranch Neighborhood Park Page 6 PUBLIC WORKS August 2003 Traffic Division Report Warning Beacons at the Avra Yallev Road- Sandario Road Intersection A traffic signal warrant study was conducted at the Avra Valley Road--Sandario Road intersection. The results of the study found that a traffic signal is not recommended at the intersection at this time. However, in order to enhance the safety at this location, flashing warning beacons will be installed on the Side Road waming signs currently posted on the Avra Valley Road approaches to the intersection. It is expected that the waming beacons will help greatly to better alert motorists about the approaching intersection. The waming beacons should be installed within the next 60 days. Traffic Signal at the Tangerine Road-Thornvdale Road Intersection Based on the results of a traffic signal warrant study performed at the Tangerine Road-Thomydale Road intersection, it has been decided to pursue the incorpora- tion of signalization in the Tangerine Road(Thomydafe Road Intersection Improvement Project, scheduled to begin construction in summer/fall 2003. The Traffic Divi- sion has recently reviewed and commented on the 100% signal design plans. Kimley-Hom and Associates have • prepared the signal phasing and timing plans. Along with the widening improvements planned at this location, the signalization should make this a much safer and efficient intersectian. Resort on Subdivision Street Width Standards A report is being prepared that will discuss the possible use of various street width standards within the Town's subdivisions. The report will describe the advantages and disadvantages of each width with regard. to speeding con- ditions, on-street parking, and overall traffic safety. How to mitigate the possible disadvantages of each street width will also be discussed. The report will be presented to the Town's Planning and Zoning Commission for further dis- cussion some time in August. Modification of the Phasing at the Thornvdale Road- Costco Drive Intersection Following an analysis of the traffic signal operations at the Thomydale Road-Costco Drive Intersection, the left-tum phasing on the Thomydale Road approaches was modi- fied to allow leading protected-permissive phasing. Previ- ously, left-tumers on those .approaches could only tum during aprotected-only phase. With the recent modifica- tions, left-turners are now able to turn during a protected indication (green arrow) and during the green ball indica- tion. This is the first intersection in the Town. where the left-tum arrow will precede the green ball indication. At all other Town intersections without the. protected-only phas- ing, the left-tum green arrow follows the green ball indica- tion. Compliance Studies at Railroad Grossinas Compliance studies are currently being conducted at the Union Pacific Railroad crossings on Ina Road and Cortaro Farms Road. The purpose of these studies are to deter- mine. how many motorists are stopping their vehicles on or too close to the tracks and to quantify the extent of the problem. "Before" studies will be conducted while elec- tronic variable message boards are posted advising mo- torists not to stop on the tracks. "After" studies will be per- formed following the removal of the variable message boards to see whether the boards themselves served as deterrents. The long-term intent of these studies is to de- velop strategies by which to reduce the number. of motor- ists stopping on the tracks. Sneed Limit Map for Town-Roadways Tt>e` Traffic Division has completed an inventory of all posted speed limits on the Town's arterial and collector roads. This inventory will be used to determine whether some of the speed limit zones need to be modified and to eventually develop a map showing all- posted speed limits on these roadways. This map will be made available for .distribution and will be displayed on the Town's web site.. Traffic Signal at Silverbell Road-Wade Road Intersec- tion A traffic signal study conducted at the Silverbell Road- Wade Road intersection found that the installation of a traffic signal is warranted at that location. A scope of work is currently being prepared for the design of the signal. It is expected that the signal wilt be designed during this fiscal year and will be constructed next fiscal year. The signalization should make this a much safer intersection for motorists exiting Wade Road, pedestrians crossing Silverbell Road as well as emergency vehicles entering the intersection from the Northwest Fire/Rescue District's station on Wade Road. Page 7 PUBLIC WORKS ~_~~~~~, ~,~,~-~~ e ._ ,~ ,.,.-..~~_ ,_~.~. x.~~ ,~ - ~ .:. _..,~.,:~. w~ August 2003 Environmental Planning Projects Tres Rios del Norte This project is a cooperative effort between the City of Tucson Water Department, Pima County Flood Control District and the Town of Marana in conjunc- tion with the United States Army Corps of Engi- neers. This purpose of this study is to evaluate ap- proximately an eighteen mile stretch of the Santa Cruz River from Prince Road to Sanders Road for projects such as habitat restoration, water supply, flood control and recreation. Town of Marana has started a library of documents, books, and handouts for information on the stormwater issues. Staff has received storm drain markers for drain inlets in the community thaf read "Only Rain in the Drain". Status: The Army Corps of Engineers has mapped alternatives for each of the water and. effort scenar- ios. The next step in the process is to determine which alternative is the preferred alternative for im- plementation. The sponsors are identifying special interest groups and determining what informs#ion shall be provided to these groups and how to pro- vide it. The F4 conference is planned for September 25`x. Arizona Pollution Discharge Elimination System This project was initiated by a federal mandate in which Arizona Department of Environmental Quality • (ADEQ) was given primacy. Six minimum control measures have been defined for compliance. The minimum control measures are as follows: 1. Public Education and Outreach 2. Public Involvement and Participation 3. Illicit Discharge Detection and Elimination 4. Construction Site stormwater Runoff Control 5. Control of Post-construction Site Runoff 6. Pollution Prevention and Good Housekeeping Status: The Town of Marana has actively been working with PAG to get public involvement on a regional level. PAG is working with local jurisdiction on the development of an Outreach'Connection web site. This site is being developed to enable water educators in the Tucson region to share information about their outreach and education efforts. Pima Association of Governments {PAG) and the Univer- sity of Arizona's Sustainability of semi-Arid Hydrol- ogy and Riparian -Areas (SAHRA) are working jointly on this effort. SAHRA has agreed to develop the web site, to host it on their site, and to provide tech- n~ support for the site. Each of the participants will update their information on a regular basis, so that the website stays current and useable. PAG would coordinate the website users so that the site is maintained and so that .new users are informed • about the site. This website will focus on water re- sources and water quality outreach and education. Page 8 PUBLIC WORKS ~x. ~. _~ .~ ~ ~~~ - ~ -: -r.~~. x .. _ ..~~ ~~~ _ .. ~ ~..~ -- - .~,. ~ ~~ -.. • August 2003 Public Work Art .Project Committee ,, ;_ - The Public Art Project Committee met on July 16, 2003. The committee discussed the design guidelines for the Silverbell Road improvements, as well as the de- sign guidelines for the Multi-Use path. Information was also presented for a call-to-artist roster list that TPAC has put together for use on upcoming projects. Committee Members: Curt Ench, Chair Brian Jones, Vice Chair Sally Jackson` Kathy Price Margaret Joplin Nancy Lutz • • Page 9 .- .~ _ - 4 ~ _ ~, t ~~ ~ _„, L~ dry i ~`~" < _ _ ~ _~ ~'_ ._ i PUBLIC WORKS ,. _ ,. t • T OV'1TN O F MARANA MUNICIPAL WATER SYSTEM DEPARTMENT REPORT FOr: July 2003 Q CONSERVING WATER ALSO CONSERVES ENERGY AND MONEY Date: August 08, 2003 • MAi~~~'~+lA /1\ TOWN 01= MARANA TEAM WORK- Is all staff working together in outstanding ways, with extraordinary cooperative effort to accomplish ordinary tasks TO: Mayor Bobby Sutton, Jr. Town Council Mike Reuwsaat, Town Manager FROM: Water Department Staff SUBJECT: July 2003 Department Report Update • DATE: August 8, 2003 s CUSTOMER INFORMATION _ 1839 Number of Customers Billed in July 57 Number of Disconnects in July 61 Number of New Connects in July 79 Number of New Services with Meter Installation 31,472,725 Total Gallons sold in July 38.94 Acre feet pumped (non-trust wells) Picture Rocks, Happy Acres, Palo Verde, Airport, Sky Diving Center, Continental Reserve and Hartman Vistas 59.03 Acre-feet wholesale water purchased (trust wells) Marana, La Puerta, Oshrin, Falstaff, Honea, and Cortaro Ranch (325,851 gallons =acre foot) • • DAILY OPERATIONS 1. Installed 1"water service & sample station on Cortaro. 2. Installed fire hydrant on Camino Verde/Via Tres Casas. 3. Installed sample stations throughout the Marana system 4. Repaired water service leak on EI Uno Minor. 5. Repaired water service line on Wentz with new 1" copper. 6. Replaced blower motor at Picture Rocks Treatment. 7. Operated emergency interconnect daily on Wade Rd. 8. Installed 1" backflow at Marana Food Bank. 9. Mitch tested three backflow preventors. 10. 323 Blue Stakes completed in July. 11. Working on new source approval for LaPuerta. 12. Installed new overflow at Airport. WATER SERVICE AGREEMENTS BEING NEGOTIATED 1. Hartman Vistas /Cortaro Ranch Interconnect are designed. Contract to be bid and awarded in August 2003. 2. 6 inch main loop Camino Verde and Tres Casas design completed; construction costs will be awarded as an addendum to Continental Reserve booster contract. . 3. A.F.C. - Eckerd's Drugstore southwest corner of Cortaro and Silverbell Rd. • 4. San Lucas development water service agreement is in finalization stage. 5. Acacia Hills infrastructure, part of Hartman Vistas water service agreement is being designed. 6. Purchase of Sunset Ranch Estates (S.R.E.) on Pima Farms Rd from Tucson Water. Contract is k}eing drafted. Water service to Stardance and others will be served form the back of S.R.E. which is served by Continental Reserve. OTHER 1. Purchase of Type II Non-Irrigation Rights for parks and other needs. 2. Managed Recharge Intergovernmental agreement final draft is completed and is signed by everyone except Bureau of Reclamation and the Secretary of Interior. The Arizona Department of Water Resource has issued an appeal permit. After 60 days it will be finalized and issued. 3. Pilot water treatment of Picture Rocks system is installed and operating. Will keep you informed as it progresses. 4. Non-potable system is in the design stages and is being discussed and presented to staff and developers. 5. LaPuerta well is in discussion with Cortaro-Marana Irrigation District. 6. Picture Rocks Well on Carefree and Silverbell is being reconditioned and upgraded. • Continental Reserve system along with the Booster Plant is furnishing water for Picture Rocks and The Springs apartments. 2 a ~ Planning Department July 2003 Monthly Staff Report 1 +V i ~ ~ - ~= __ Strategy o Obj¢ctivQ • Moore Road Corridor Limited Partnership, LLC, represented by Arcadis, has submitted the Preliminary Plat for The Estates at Tortolita Preserve, Lots 1 thru 25. The project site was recently the subject of a rezone request which brought the property into the Specific Plan designation (The Estate Lots at Tortolita Preserve Specific Plan). The project site is located at the northeast corner of Moore Road and Wild Burro Road in a portion of the West %z of the Southwest'/4 of Section 26, Township 11 South, Range 12 East. The plat consists of 25 single family residential lots on 72.63 acres. The minimum lot size within the subdivision is 2.5 acres. Approximately 61 acres of the project site will remain as natural undisturbed open space. Primary access to the subdivision will be provided .from Moore Road. This Final Plat includes .78 miles of new private streets. Upon completion of the staff's review, this Preliminary Plat will be considered by the Planning Commission and Town Council. Rancho Marana 154 Preliminary Block Plat Monterey Homes, represented by The WLB Group, Inc., has submitted the Preliminary Block Plat for Rancho Marana154, Lots 1 thru 166 and Blocks 1 thru 7. This project is within the Rancho Marana Specific Plan area, located at the northwest corner of Moore Road and Sandario Road in the Southeast'/4 of Section 28, Township 1.1 South, Range 11 East. This preliminary block plat consists 4 residential blocks for medium density residential development and three commercial blocks on 154.67 acres. Block 1 at the Northwest corner of Moore Road and Sandario Road consists of a 1641ot single family residential subdivision. Blocks 2, Sand 4 are proposed for future residential development. Blocks 5, 6 and 7 at the future intersection of Tangerine Farms Road and Clark Farms Boulevard are each approximately 2 acre commercial sites. The project mcludes approximately 2.46 miles of new public streets. Upon completion of the staff's review, this Preliminary Block Plat will be considered by the Planning Commission and Town Council. Lowe's Home Improvement Warehouse Revised Development Plan Lowe's Home Improvement Warehouse, Inc., represented by Sayler-Brown Bolduc Architects, LLC,. has submitted a revised development plan for the conversion of the former Super K-Mart store located at 4075 W. Ina Road to a retail home improvement center. The 18.18 acre site is on a portion of Lots 3, 5 and 6 of Thornydale Plaza. This revised development plan modifies the original K-Mart development plan to provide 152, 470 square feet of Lowe's retail warehouse space, 28,870 square feet of garden center space and 34,260 square feet of vacant retail space. The revisions will include facade improvements and utilization of the existing parking lot. This Development Plan will be approved administratively upon the completion of the staff's review. Lot 7 of Continental Ranch Retail Center Development Plan Preferred Retail Store Developers, LLC, represented by the WLB Group, Inc., has submitted the Development Plan for Lot 7 of Continental Ranch Retail Center. The site is located within the Continental Ranch Specific Plan area at the northeast corner of Arizona Pavilions Drive and Cortaro Road. The project consists of three detached retail commercial buildings on 1.41 acres, including a 1,516 square foot Starbucks Coffee Shop, a 4,009 square foot Payless Shoe Source facility and 5,240 square feet of additional • Landscape Plans The Planning Department has received the following Landscape Plans for administrative review: • Dove Mountain Off-site Sewer- Landscape Mitigation Plan • Gladden Farms Block 3 • Gladden Farms Block 4 ~ Gladden Farms Block 5 (Harvest Moon) Native Plant Permits The Planning Department has received the following Native Plant Permit Application for administrative review: • The Estate Lots at Tortolita Preserve Zoning Code Amendments Title 17 pertaining to Native Plant Protection and Landscaping The Town has initiated amendments to TITLE 17 of the Land Development Code- Environmental Resource Preservation, Native Plant Protection and Landscape Requirements to address measurement of plant materials and adoption, by reference, of Arizona Nursery Association Grower's Committee's recommended average Tree specifications and other various revisions intended to provide additional direction and. clarification. On July 30, 2003, The Planning Commission recommended approval. Town Council will consider is pending. • ~Marana, Arizona Chamber of Commerce - 1 1 ,. ,, Y i 13681 M1L Casa Grandt tlFghwaY, Marana, Arizona 85653 Phone: 1520) b82-A314 Fax: (S2D) G$2-2303 "We Foster Success" • 1 Thursday, August 14 5:00 - 7:00 pm Networking Hawaiian Luau Mixer sponsored by Camden View Apartments. Friday, August 15 7:00 am Dining & Divots ~ the Pines Golf Club, 8480 N Continental Links Dr lesson: Bunkers 50/50 RAFFLE WINNERS Marana Chamber of Commerce was founded in 1987 htt~:,~«-~~~-.maranachamber. com/ Marana, AZ :_y k¢ported by Tucson, RZ Fair Click ~'or Wed pug 1°, 6$:54 AM MT Forecast Temperature: 8g°F~32"C ~ This product sill expire soon. ~ I Visit mwuu.weather.com/magnet for more information. weathe~.car 08;13/''-~U3 12 August 2003 Dear council Members Visitor center 2nd quarter statistics April -June: VISITORS 2003 2002 In state visitors 62 120 Out of state visitors 93 341 Foreign visitors 11 52 TOTALS 166 513 MAIL 2003 2002 Tourism requests 7 19 Relocation requests 23 20 Business requests 14 50 TOTALS 44 89 WEB SITE VISITS 7027 2786 Looking at the figures between last year and this year the most significant difference is the number of hits on the web site. There was an increase of 250% from last year. To me this means more people are using our web site instead of calling for information. I was told ADOT removed the visitor's center sign from route 10 during this period. That is why there was a decrease in visitors. _ __ I also want to provide you with an outline of_what~as been- - -- -- - - - - accomplished since our Board retreat on July 11. - The President of the Flagstaff Chamber facilitated the retreat. The Board charged itself with five mam goals: 1. Take a more vigorous approach to the financial management of our organization. 2. Develop mechanisms to improve consistent communications between the town and the chamber. 3. Membership development and ways to increase value to the membership. 4. Develop marketing strategies. 5. Provide events and activities to the membership that makes good business sense. Since the retreat, the chamber formed a membership development committee that is evaluating the Chamber membership by comparing the businesses that have a business license in Marana to the actual Chamber members. The results are: 1,45.4 Business licenses in Marana 475 Businesses located in Marana 62 Businesses. are chamber members 13 979 Businesses with licenses_not in Marana 3 8 Businesses are chamber members 4% The committee believes the results of this comparison are significant and will be using that data when preparing for the next step in the process, which is to send a survey. to all members and Businesses in Marana. Part of our financial management plan .will be the results of the - surveys. Growth in the chamber is an essential part of being - _- -- --- __ financially sound. -- - - • The chamber formed a building committee to look at our future plans with the building and a new location. The committee consists of Council Members Ed Honea and Tim Escobedo, 4 board members and 1 chamber member. I~resented the results of that meeting to the board on August 11 .The board approved unanimously that the Marana Chamber of Commerce is "interested" in being part of Heritage Park. The visitors' center is a key component to the chamber. The chamber is fortunate enough to have Krista Nelson, of Oro Graphics and George of GSR metal works to volunteer their time to develop a plan to remodel the center. I am working with businesses that can provide the necessary supplies and fixtures and chamber members to volunteer their time to make the visitors center a place to be proud of. In the past two months, I have talked to the Mayor and council, department heads and a number of other people working for the town, and I want to say THANK YOU for all your support and for making me feel welcome. In conclusion, the board has already begun working on three of its new goals, financial management, membership development and better communication with the council. There is a lot of work to be done and the board and I are up to the task. Sincerely, Ed Stolmaker Executive Director TOWN COUNCIL TOWN MEETING OF INFORMATION MARANA DATE: August 19, 2003 • AGENDA ITEM: 1X. A. 4 TO: Mayor and Council FROM: James R. DeGrood, P.E., Development Services Administrator SUBJECT: Resolution No. 2003-87: Issuance of Quit Claim Deeds in Honea Heights DISCUSSION: The Town of Marana recently acquired apazcel of land from Wade Honea in the Honea Heights neighborhood for the purposes of park development and for future Town housing program development. The acquisition utilized. legal descriptions prepared from the original deed language. Surveys o f t he 1 and d escribed i n t he a cquisition r evealed a n e ncroachment o f improvements from the adjoining. property owners, apparently due to an imprecise original survey of the azea. These encroachments are along an entire side of the property, and vary from less: than a foot to just over ten feet in width. 'The encroaching properties enjoyed the use of the property for well in excess of 10 yeazs prior to the Town's acquisition, and their improvements were based upon both prior survey points and representations of the seller of the land from which the parcel was created. The owners of the properties adjacent to the Town's recently acquired property have put the Town on notice that they believe they have a right to the sliver of land in question, and are seeking resolution of the matter. RECOMMENDATION: Staff recommends that the Town of Marana issue Quit Claim Deeds for the encroachment area to the adjoining property owners. SUGGESTED MOTION: I move we approve Resolution No. 2003-$7. JRD/3:42 PM/08/13/2003 • MARANA RESOLUTION N0.2003-87 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MA]EZANA, ARIZONA, AUTHORIZING THE EXECUTION OF QUIT CLAIM DEEDS TO RESOLVE QUIET TITLE CLAIMS OF OWNERS OF PROPERTY ADJOINING CERTAIN PROPERTY ACQUIIZED BY THE TOWN. WHEREAS, the Town of Marana acquired, through a voluntary acquisition, certain property located within the Town limits for future park and housing purposes; and WHEREAS, subsequent to acquiring said property, the Town discovered that the lines of physical occupation by adjoining landowners encroached into the property acquired by the Town, as evidenced by physical barriers surrounding the adjoining properties; and WHEREAS, the Town's research concludes that the encroachments by adjoining landowners existed for at least ten years before the Town acquired the property; and WHEREAS, the Mayor and Council of the Town of Marana have determined that the Town should quiet title to the property on which the encroachments occur; and WHEREAS, the staff of the Town has prepared the quit claim deeds attached hereto as Exhibit "A" and incorporated herein by this reference, for the purpose ofquit-claiming said property to the original owners; and WHEREAS, the Mayor and Council have determined that approval of the deeds is in the best interests of the Town and its residents. _ NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the deeds, attached hereto as Exhibit "A" and incorporated herein by this reference, are hereby approved, and that the Mayor is hereby authorized to execute the deeds on behalf of the Town of Marana. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 19t'' day of August, 2003. - - .ATTEST: --- _ _ _ Jocelyn C. Bronson Town Clerk Mayor BOBBY SUTTON, JR. APPROVED AS TO FORM: Frank Cassidy Town Attorney Marana, Arizona Resolution No. 2003-87 ~-. U • Exhibit A Quitclaim Deeds from Town of Marana Marana, Arizona Resolution No. 2003-87 • When Recorded Mail to: Hochuli & Benavidez, P.C. 220 E. Wetmore, Suite 110 Tucson, Arizona 85705 Affidavit Exempt Pursuant to A.R.S. §11-1134(a}(3) QUIT CLAIM DEED For the consideration of Ten Dollars, and other valuable consideration, The Town of Marana does hereby convey to Harold and Elizebeth Horrigan as joint tenants with right of survivorship and not as a community property estate and not as tenants in common, the following described property located in the County of Pima State of Arizona: ALL THAT PORTION OF THE NORTH HALF OF SECTION 33, TOWNSHIP 11 SOUTH, RANGE 11 EAST, GILA AND SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA DESCRIBED AS FOLLOWS: COMMENCING AT A 5/8" REBAR AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 33 FROM WHICH A LEAD CAPPED PIPE AT THE SOUTH QUARTER CORNER OF SAID SECTION 33 BEARS SOUTH 00°11'02" EAST, A DISTANCE OF 3963.65 FEET, SAID POINT OF COMMENCEMENT ALSO BEING AN ANGLE POINT ON THE NORTHEASTERLY LINE OF THAT PARCEL DESCRIBED IN DOCKET 11488 PAGE 2132 RECORDS OF PIMA COUNTY, ARIZONA; - THENCE SOUTH 45°15'14" EAST ALONG THE NORTHEASTERLY LINE OF SAID PARCEL, A DISTANCE OF 508.31 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 45°15'14" EAST ALONG THE NORTHEASTERLY LINE OF SAID PARCEL, A DISTANCE OF 360.52 FEET; THENCE SOUTH 00°11'21" EAST DEPARTING SAID NORTHEASTERLY LINE, A DISTANCE OF 1.76 FEET; THENCE NORTH 45°51'40" WEST, A DISTANCE OF 356.76 FEET; THENCE NORTH 00°11'49" -WEST; A DISTANCE OF 7.10 FEET TO THE POINT OF-BEGINNIN~i:--___--_-------------- -----_ _._~__.e _ , - _- - -- _ _ - _ - ____-_- --- CONTAINING 0.026 ACRES OR 1 ~ 130 SQUARE FEET, MORE OR LESS. _ _ __ _. • Subject to current taxes and other assessments, reservations in patents and all easements, rights-of- way, encumbrances, liens, covenants, conditions, restrictions, obligations and liabilities as may appear of record. • The undersigned Grantees accept delivery of this deed as joint tenants with right or survivorship and not as a community property estate and not as tenants in common. DATED: , 2003. Grantees: Town of Marana, Grantor By: Grantee -Harold Horrigan Bobby Sutton, its Mayor Grantee - Elizebeth Horrigan STATE OF ARIZONA ) ss. COUNTY OF ) Acknowledged before me this day of ,2003, by BOBBY SUTTON. Notary Public STATE OF ARIZONA ) ss. COUNTY OF PIMA ) Acknowledged before me this day of , 2003, by HAROLD HORRIGAN. Notary Public . Notary Public NIRR 25 2003 i:11PM HP LRSERJET 3200 LEGAL DESCRIPTION CONVEYANCE TO TAX PARCEL #1217-49-061 ALL THAT PORTION OF THE NORTH HALF OF SECTION 33, TOWNSHIP 1l SOUTH, RANGE 11 EAST, GILA AND SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA DESCRIBED AS FOLLOWS:- COMMENCING AT A S/8" REBAR AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE"NORTHEAST QUARTER OF SAID SECTION 33 FROM WHICH A LEAD CAPPED PIPE AT THE SOUTH QUARTER CORNER OF SAID SECTION" 33 :BEARS SOUTH DO°11'02" EAST, A DISTANCE OF 3963.65 FEET, SAID POINT OF COMMENCEMENT ALSO BEING AN ANGLE POINT ON THE NORTHEASTERLY LINE OF THAT PARCEL DESCRIBED IN DQCKET 11488 PAGE 2132 RECORDS OF PIMA COUNTY, ARIZONA; THENCE SOUTH 45°15'14" EAST ALONG THE NORTI~ASTERLY LINE OF SAID PARCEL, A DISTANCE OF 508.31 FEET TO THE P©INT OF BEGINNING; THENCE_CONTINUE SOUTH 45°15'14" EAST ALONG THE NORTHEASTERLY LINE OF SAID PARCEL, A DISTANCE OF 360.52 FEET; THENCE 50UTH 00°11'21" EAST DEPARTING SAID NORTHEASTERLY LINE, A DISTANCE OF 1.76. FEET; THENCE NORTH 45°SI'40" WEST, A DISTANCE OF 356.76 FEET; THENCE NORTH 00°11'49" WEST, A DISTANCE OF 7.10 FEfiT TO THE POINT OF BEGINNING. CONTAINING 0.026 ACRES OR 1,130 SQUARE FEET, MORE OR LESS. .~: ~~ R.L.S. p.ll ,_ S:UOBS1359213592i07611.EGALS~QC TO 2i7~49-061.doc LEGAL LOG NO.762 Page t of 1 MRR 25 2003 1:11PM HP LRSERJET 3200 p. 12 EKH181T A PORTION OF THE NORTH 1 J2 OF SECTION 33, T.11S , R.11 E, G.&S R:M., PIMA COUMY, ARIZONA >~ N. UNE OF S.E. 1/4 OF N.W. 1/4 OF SEC. 33 ~~ °i W 0 $t - .~~ FND. L. C_P_ - S 1/4 COR. SEC. 33 LINE TABLE FN©.. 5f8' R~BAR .... N.W. COR.,. S W 1/4, N.E 1/4, S£C. 33 P.O.C. s ~s mss. ~., Foy ,~ ..~~, Q P.0 8. s jr L? y ~ ~ ~ '~~ s' rAx PARCEL s~ ~; ro ~, ~2»¢s-os1 ~ ~~o TAX PARCEL X217-50-040 DlCT. 11488 PG.- 2132 NUMBER DIRECllON ©lSFANCE L1 S 00'11 `21" E 1.T6` L2 ~ N 00`11'49" W 7.10' TETRA TECH, fNG. ~tPRASTRUCIVRE SOUTHWEST GROUP - !J N Ston4 f5th Aeor Tuasan, .tT BSTO1 (520) B1.7-7980 - OATE 1MR. b3 - ADC R0. SS/Z-107! When Recorded Mail to: Hochuli & Benavidez, P.C. 220 E. Wetmore, Suite 110 Tucson, Arizona 85705 Affidavit Exempt Pursuant to A.R.S. §11-1134(a)(3) QUIT CLAIM DEED For the consideration of Ten Dollars, and other valuable consideration, The Town of Marana does hereby convey to Rick and Denise Saban as community property with right of survivorship and not as a joint tenancy estate and not as tenants in common, the following described property located in the County of Pima State of Arizona: ALL THAT PORTION OF THE NORTH HALF OF SECTION 33, TOWNSHIP 11 SOUTH, RANGE 11 EAST, GILA AND SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA DESCRIBED AS FOLLOWS: BEGINNING AT A 5/8" REBAR AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 33 FROM WHICH A LEAD CAPPED PIPE AT THE SOUTH QUARTER CORNER OF SAID SECTION 33 BEARS SOUTH 00°11'02" EAST, A DISTANCE OF 3963.65 FEET, SAID POINT OF BEGINNING ALSO BEING AN ANGLE POINT ON THE NORTHEASTERLY LINE OF THAT PARCEL DESCRIBED IN DOCKET 11488 PAGE 2132 RECORDS OF PIMA COUNTY, ARIZONA; THENCE SOUTH 45°15'14" EAST ALONG THE NORTHEASTERLY LINE OF SAID PARCEL, A DISTANCE OF 508.31 FEET; THENCE SOUTH 00°11'49" EAST DEPARTING SAID NORTHEASTERLY LINE, A DISTANCE OF 7.10 FEET; THENCE NORTH 45°51'40" WEST, A DISTANCE OF 523.91 FEET TO THE NORTHERLY LINE OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 33; THENCE NORTH 89°41'16" EAST ALONG SAID NORTHERLY LINE;- A - DISTANCE OF 14.94 FEET TO THE POINT OF BEGINNING. CONTAINING 0.09 ACRES OR 4,018 SQUARE FEET, MORE OR LESS. Subject to current taxes and other assessments, reservations in patents and all easements, rights-of- way, encumbrances, liens, covenants, conditions, restrictions, obligations and liabilities as may appear • of record. The undersigned Grantees accept delivery of this deed as community property with right or survivorship and not as a joint tenancy estate and not as tenants in common. DATED: , 2003. Grantees: Town of Marana, Grantor Grantee -Rick Saban Grantee -Denise Saban STATE OF ARIZONA ) ss. COUNTY OF 1 Acknowledged before me this By: Bobby Sutton, its Mayor day of ,2003, by BOBBY SUTTON. Notary Public STATE OF ARIZONA } ss. COUNTY OF PIMA ) Acknowledged before me this day of , 2003, by RICK SABAN. Notary Public .MRR 25 2003 i:11PM HP LRSERJET 3200 p.9 ~i j - t i r LEGAL DESCRIPTION • CONVEYANCE TO TAX PARCEL #217-49-058 . ALL THAT PORTION OF THE NORTH HALF .OF SECTION 33, TOWNSHIP 11 SOUTH, RANGE 11 EAST, GILA AND SALT RNER MERIDIAN, PIMA COUNTY, ARIZONA DESCRIBED AS FOLLOWS: • BEGINNING AT' A 5!8" REBAR AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 33 FROM WHICH A LEAD CAPPED .PIPE AT THE SOUTH. QUARTER CORNER OF SAID-SECTION 33 BEARS SOUTH. 00°11'02" EAST, A DISTANCE OF 3963.65 FEET, SAID POINT OF BEGINNING ALSO BEIlVG AN ANGLE POINT ON THE NORTHEASTERLY LINE OF THAT PARCEL DESCRIBED IN DOCKET 11488 PAGE 2132 RECORDS OF PIMA COUNTY, ARIZONA; THENCE SOUTH 45°15'14" EAST ALONG THE NORTHEASTERLY LINE OF SAID PARCEL, A DISTANCE OF 508.31 FEET; . . THENCE SOUTH 00°11'49" EAST DEPARTING SAID NORTI~ASTERLY LINE, A DISTANCE OF 7.10 FEET; THENCE NORTH 45°51'40p WEST, A DISTANCE OF 523.91 FEET TO THE NORTHERLY LINE OF THE SOUTHEAST QUARTER OF TI-~ NORTI:IWEST QUARTER OF SAID SECTION 33; THENCE NORTH 89°41'16" EAST ALONG SAID .NORTHERLY LINE, A DLSTANCE.OF 14.94 FEET TO THE POINT OF BEGINNING. CONTAINING 0.09 ACRES OR 4,018 SQUARE FEET, MORE OR LESS. i • J. LF 1IVAK13 FONTES,`J'R. RL.S. S:UOBS135921I592 f 0761LEGALSUQC TO 217-49-0SS.doc LEGAL LOG N0. 761 Page 1 of 3 ,~1RR 25 2003 1:i1PM HP LRSERJET 3200 1 p. 10 EXHIBIT A POR7IUN OF THFNORTH 1 /2 0FSECTION 33; T.11S., R 11F., G.&S.R.M., PIMA COUNTY, ARIZONA FNO. 5/8" REBAR N: W. COR., S W. 1/4, ~ ~ N E 1/4, SEC. .33 ~ P.O.B. TA s, X PARCEL N. UNE OF y ~s ~2~7-49-058 S E. 1/4 OF pay; ~~., N.W. 1/4 OF ~! ~ SEC..33 ~., F . v`~ ' ~ W . ~ '. ~ `~,v ` ~ Q ~~ L1 W ~I w ~ ,o. TAX PARCQ ~ ~ ,.. X217-50-040 . ~' $~ 11KT. 11488 PG 2-132 . ~~ FND. L.C.P. S 1/4 COR. - SEC.. 33 . . LlNE~TABLE - NUA4BER D1R£C170N ©1STANCE L 1 500°11 '49" E 7.10' L2 N 89'41 ' 18" E 14.94' ~~~~c ~~~o sG~s NORTH W 22~ss ~~ _ _ - _- ~- - - - _ - oc J. df01VAR~ -SCALE: -1'=20D' _ ~~s ~. TETRA TECH, INC. _ - _ ll~~ - _ ! +/ ' _. ,-. PyFRrLSTRt1CNRESW7HNEST GROUP _-. ... -- - .:. _ -- - 3J N. Stoe~. l50+ flew Tirwan, AZ 65707 (SIO) C2J-79DO M a~ ~. ,~ ~.~. ~. ~_,o~ "1 t TOWN COUNCIL TOWN MEETING OF INFORMATION MARANA DATE: August 19, 2003 AGENDA ITEM: IX. B. 1 TO: Mayor and Council FROM: Farhad Moghimi, P.E., Director of Public Works/Town Engineer SUBJECT:. Resolution No. 2003-91: A uthorization t o e nter i nto a n I ntergovernmental A greement w ith Marana Unified School District (MUSD) in which the Town will receive portable buildings in exchange for educational services. DISCUSSION: Marana Unified School District (MUSD) owns portable buildings that are no longer needed by MUSD. MUSD will provide three portable buildings to the Town of Marana in exchange for educational services for schools within the district. Town agrees to provide MUSD with public education benefits under this agreement. Marana shall provide at no cost to the District two guided archaeological site tours for each District school during each school year to a site in the Cortaro/District Park, with the understanding that the schools. shall be required to make program reservations with Old Pueblo Archaeology Center. ("Old Pueblo") prior to participation in the free tours that are offered. Each free tour for the District shall be limited to a maximum of forty participants. All other District participation in Old Pueblo's in-park education programs for which fees are normally charged shall be at the fee rates normally charged by Old Pueblo, with advance. reservations required. RECOMMENDATION: Staff recommends that the Council approve Resolution No. 2003-91, authorizing the Town to enter into an Intergovernmental Agreement with MUSD in which the Town will receive portable buildings in exchange for educational services. SUGGESTED MOTION: I move to approve Resolution 2003-91. Engineering/FM/jc/08/13/03 2:02 PM • MARANA RESOLUTION N0.2003-91 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AUTHORIZING THE TOWN OF MARANA TO ENTER INTO AND THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH MARANA UNIFIED SCHOOL DISTRICT IN WHICH THE TOWN WILL RECEIVE PORTABLE BUILDINGS IN EXCHANGE FOR EDUCATIONAL SERVICES. WHEREAS, Marana Unified School District ("MUSD") owns portable buildings that it no longer needs; and WHEREAS, MUSD will provide three portable buildings to the Town of Marana ("Marana") in exchange for certain educational services for schools within the district. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the T own o f Marana, A rizona, a uthorizing t he Town of Marana to enter into and the Mayor to execute an Intergovernmental Agreement with Marana Unified School District in which the Town will receive portable buildings in exchange for educational services. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 19th day of August, 2003. ATTEST: Mayor BOBBY SUTTON, JR. Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: • Marana Resolution No. 2003-91 PORTABLE BUILDING INTERGOVERNMENTAL AGREEMENT BETWEEN TOWN OF MARANA AND MARANA UNIFIED SCHOOL DISTRICT NO. 6 .This Intergovernmental Agreement (the "Agreement") is entered into between Marana Unified School District No. 6 ("District") and the Town of Marana ("Marana") 1. Authority. District and Marana are authorized to enter into this Agreement pursuant to A.R.S. §§ 11-951 et seq. District is also authorized to enter into this Agreement pursuant to A.R.S. § 15-342 (13). 2. Purpose. The purpose of this agreement is for District to exchange three portable buildings with Marana in exchange for Marana providing certain educational services to District. 3. Buildings to Be Provided By District. The District agrees to provide Marana with one portable building from its Transportation Yard and two portable buildings from Mountain View High School for use at one or more properties owned or leased by Marana. All costs of moving and setup of the portable buildings shall be the sole responsibility of Marana. Ownership of the three portable buildings shall pass to Marana upon execution of this Agreement. 4. Services to Be Provided By Marana. Marana agrees to provide the District with the following public education benefits under this Agreement. Marana shall provide at no cost to the District two guided archaeological site tours for each District school during each school year to a site in the Cortaro/District Park, with the understanding that the schools shall be required to make advance reservations with Old Pueblo Archaeology Center ("Old Pueblo"). Each free tour for the District shall be limited to a maximum of forty participants. All other District participation in Old Pueblo's in-park education programs for which fees are normally charged shall be at the fee rates normally charged by Old Pueblo, with advance reservations required. 5. Duration. -- _" This Agreement shall become effective upon recorded date-and shall continue for _ _ _ _ _._.__ _ _~_-minim~am_ of five years: -The berm- may be-extended by mutual agreement-of the parties: - 6. Relationship of Parties. 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 District employee and any Marana 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. 7. Hold Harmless; Indemnification. Each party shall, to the extent permitted by Arizona 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. 8. Notices. All notices shall be in writing and together with other mailings pertaining to this Agreement shall be made to: MARANA: Town Manager Town of Marana 13251 N. Lon Adams Rd. Marana, AZ 85653 DISTRICT: Superintendent Marana Unified School District No.6 11279 W. Grier Rd. Marana, AZ 85653 COPY TO: Frank J. Cassidy Town Attorney 13251 N. Lon Adams Rd. Marana, AZ 85653 9. Construction and interpretation. COPY TO: John Richardson DeConcini McDonald Yetwin & Lacy, P.C. 2525 E. Broadway, Suite 200 Tucson, AZ 85716 All provisions : of this Agreement shall. be construed to be consistent with the --- _-- intention of the parties as expressed in the recitals hereof. -_ _ 10. Amendment. __ _ -- - This Agreement shall not be amended except by written instrument mutually agreed upon and executed by the parties. 2 11. 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. 12. Anti-Discrimination. The provisions of A.R.S. § 41-1463 and Executive Order Number 75-5 issued by the Governor of the State of Arizona are incorporated by this reference as a part of this Agreement. 13. Legal Jurisdiction. Nothing in this Agreement shall be construed as either limiting or extending the legal jurisdiction of Marana or the District. 14. Beneficiaries. 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. 15. Timeliness. Each of the parties to this Agreement agrees to take such actions as may be necessary to cant' out the terms of this Agreement, and to cause such documents as may be necessary to be executed with reasonable promptness. 16. 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 not 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. 17. 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 uhenforceability shall have no effect on the remaining portion of-any provision - or any other provision, or their application, which cari be given effect without the"invalid _ _ _ _, provision or application and to this end-the provisions-of this Agreement-shaft be-deemed - --- - to be severable. - ~1 U 3 18. Termination. a. For Cause. Any party hereto may terminate this Agreement for material breach of the Agreement by another party. Prior to any termination under 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. b. Force Majeure. A party shall not be in default under this Agreement if it does not fulfill any of its obligations under this Agreement because it is prevented or delayed in doing so by reason on 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 failure of facilities, breakage or accident to machinery 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 for approvals or permits which are not due to negligence or 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, such party could not reasonably have been expected to avoid. 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. c. 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 funds to 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. d. Conflict of Interest. Pursuant to A.R.S. § 38-511, the state, its political subdivisions or any department of either, may, within three (3) years after its execution, cancel any contract, without penalty or further obligation, made by the state, its political subdivisions, or any of the departments or agencies of .either if any person significantly involved. in initiating, negotiating, securing,. drafting or creating the contract on behalf of the state, its political subdivisions or any of the departments or. agencies of either is, at any time, while the-contr--act or any extension of the-contract is irr effect, an employee or agent of any other party to the contract in any - capacity or a consultant to any other party to the contract with respect to the subject matter of the contract. 4 e. 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 portable buildings described in paragraph 3 of this Agreement. 19. If a party defaults in its obligations under this Agreement and such default is not cured pursuant to paragraph 18(a) hereof, the non-defaulting party shall be entitled to pursue any and all legal and equitable remedies to obtain specific performance or recover damages. TOWN OF MARANA By: MARANA UNIFIED SCHOOL DISTRICT By: Dated this _ day of , 2003. Dated this day of , 2003. Intergovernmental Agreement Determination The foregoing Intergovernmental Agreement between Marana Unified School District and the Town of Marana has been reviewed pursuant to A.R.S. § 11-952 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 State of Arizona to those parties to the Intergovernmental Agreement represented by the undersigned. Marana Unified School District: Attorney for District Town of Marana: Attorney for Town 5