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HomeMy WebLinkAboutCouncil Agenda Packet 09/16/2003 TOWN QF MARANA, ARIZONA COUNCIL MEETING AGENDA 13251 N. Lon Adams Road September 16, 2003 - ?00 g.m. Mayor Bobby Sutton, Jr. Vice Mayor Herb Kai Council Member Jim Blake Council Member Patti Comerford Council Member Tim Escobedo Council. Member Ed Honea. Council Member Carol McGorray Town Manager 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 g.m. at the Marano Town Hall, although the date or time may change, or Special Meetings may be called at other times andlor places.. Contact Town Hail or watch for posted agendas. for other meetings, This agenda may be revised up to twenty-four hours prior to the meeting. In. such a case a new agenda will. be posted in place of this agenda. If you are interested in speaking to the Council during Petitions and Comments, Public Hearings, or other agenda items, you must fill out a speaker card (at the rear of the Council Chambers) and deliver it to the Clerk in advance of the agenda. item you wish to address. It is up to the Mayor and Council whether individuals. will be allowed to address the Council on issues other than Announcements, Petitions & Comments, and Public Hearings. All persons attending the Council Meeting, whether speaking. to the Council or not,. are expected to observe the Council Rules, as well as the rules of politeness, propriety, decorum and good conduct. Any person interfering with the meeting in any way, or acting rudely or loudly will be removed from the meeting and will not be allowed to return. To better serve the citizens of Martina and others attending our meetings, the Council Chamber is wheelchair and handicapped accessible. Any person who, by reason of any disability, is in need of special services as a result of their disability, such as assistive listening devices, agenda materials printed in Braille or Iarge print, a signer for the hearing impaired, etc., will be accommodated. Such special services are available upon prior request, at least ten (10} working days prior to the Council Meeting. For a copy of this agenda or questions about the Council Meetings, special services, or procedures, please contact Jocelyn C. Bronson, Town Clerk, at 682-3401, Monday through Friday from 8:00 a.m. to 5:00 p.m. ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA. Amended agenda items. appear in italics. Posted by September IZ, 2003 by 7:Q0 o'clock. p.m., at the Martina. Town Hall, Martina Police Department, Martina Development Services Center. ^ TOWN OF MARANA, ARIZONA COUNCIL MEETING AGENDA 13251 N. Lon. Adams Road September 16, 2003 - 7:00 p.m. L CALL TO ORDER H. PLEDGE OF ALLEGIANCE III.. INVOCATION/MOMENT OF SILENCE IV. ROLL CALL V. APPROVAL OF AGENDA VI. ACCEPTANCE OF MINUTES Minutes of the September 2, 2003 Council Meeting VII. CALL TO THE PUBLIC~ANNOUNCEMENTS~INTROl?UCTIONS At this time, any member of the public is allowed to address the Town Council on any issue not already on tonight's agenda, The speaker may have up to three (3) minutes to speak. Any persons wishing to address the Council must complete a speaker card (located at the rear of the Council chambers) and deliver it to the Town Clerk prior to this agenda item being called. Pursuant to the Arizona Open Meeting Law, at the conclusion of Call to the Pubfic, individual members of the Council may respond to criticism made by those who have addressed the Council, may ask. staff to review the matter,. ar may ask that the matter be placed. an 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 alI items on the consent agenda, including any resolutions or ordinances. A Council Member may remove any issue from the Consent agenda, and that issue will be discussed and voted upon separately, immediately following the consent agenda. 1. Resolution No. 2003-109: Purchase Agreement for improvements of State Land between the Town of Martina and Dan. and Patricia Post (Jaret Barr) 2. Resolution No. 2003-107: Intergovernmental Agreement with Pima County to extend the Martina Construction. Works! Affordable Housing Program (Dick Gear) 3. Discussion and Direction: Request for a parks superintendent, one additional laborer to act as a trades helper for facilities maintenance (Jane Howell) 2 TOWN OF MARANA, ARIZONA COUNCIL MEETING AGENDA 13251 N. Lon Adams Road September I6, 2003 - ?:00 p.m. B. COUNCIL ACTION L Resolution No. 2003-108: Approval of Construction Manager at Risk Contract for the construction of the Marana Municipal Complex (Jim DeGrvod) 2. Ordinance No. 2003.23: Authorizing an exchange of real property to reconfigure the Marana Municipal Complex for the new Town Hall. improvements and the execution of a Real Estate Exchange and Development Agreement with Reyher Partnership and Marana. 348 Limited Partnership (Jim DeGrovd) 3. Discussion/Directon: For information on the Regional. Effluent Planning Partnership (Farhad Moghimi) 4, Resolution No. 2003-103: Gladden Farms Block & Preliminary Piat: A request by Richmond American. Homes for preliminary plat approval of a 112-lot single family detached home subdivision on approximately 25 acres within the Gladden Farms Development. The proposed subdivision will be located on Block 6 of the Gladden Farms Block Plat, directly south vfMoore Road and east of the new Lon Adams Road, within Section 34, Township 11 South, and Range 11 East (Joel Shapiro) 5. Resolution No. 2003-104 Gladden Farms Block 10 Preliminar~Plat: A request by Richmond American Homes for preliminary plat approval of an 84-lot single family detached home subdivision on approximately 26 acres within. the Gladden Farms Development, The proposed subdivision will be located on Block 10 of the Gladden Farms Block Plat, directly south of Gladden Farms Drive and west of the new Lon Adams Road, within Section 34, Township 11 South, and Range 11 East (Joel Shapiro) 6. Resolution Nv. 2003-99: Pima Farms Village Preliminary PIat: A request for approval of a preliminary block plat consisting of four blocks on approximately 156 acres located at the northeast corner of Pima. Farms Road and N. Scenic Drive, in a portion of Section 29, Township 12 South, Range 12 East (Joel Shapiro) 7. Ordinance No. 2003.21: A request to extend and increase the corporate limits of the Town of Marana by annexing that territory known as the Cochie Canyon Trail North (Dick Gear) 8. Ordinance No. 2003.22:. A request to extend and. increase the corporate limits of the Town of Marana by annexing that territory known as the Cochie Canyon Trail Northwest (Dick Gear) C. MAYOR AND COUNCIL''S REPORT D. MANAGERS' REPORT • 3 r TOWN OF MAR.ANA, ARIZONA COUNCIL MEETING AGENDA 13251 N. Lon. Adams Road September 16, 2003 - ?00 p.m. ~. UPCOMING EVENTS XI. FUTURE AGENDA ITEMS XII. ADJOtifRNMENT Bobby Suttoa, Jr., Mayor • • 4 MINUTES OF REGCLAR COUNCIL 1'IEETINC MARANA TOWNHALL ~~ SEPTEMBER 16, 2003 l__.1 PLACE AND DATE Marana Town Hall, September 16, 2003 I. CALL TO ORDER Mayor Sutton at 7:02 p.m. II. PLEDGE OF ALLEGIANCE Led by Mayor Sutton III. INVOCATION/MOMENT OF SILENCE A moment of silence was observed. N. ROLL CALL COUNCIL Bobby Sutton, Jr. Mayor Present Herb Kai Vice Mayor Excused 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 Attached is a list of public attendees. ,/ V. APPROVAL OF AGENDA Upon motion by Council Member Comerford, seconded by Council Member Honea, the agenda was unanimously approved. Mi~'SU~I'ES OF REGULAR COUNCIL ;~-iEETING n~1~RANA TOWN HALL SEPTEMBER 16, 2003 VI. ACCEPTANCE OF MINUTES Upon motion by Council Member Blake, seconded by Council Member McGorray, the minutes of the September 2, 2003 regular Council meeting were unanimously approved. VII. CALL TO THE PUBLIC/ANNOUNCEMENTS There were no announcements or speakers from the public. VIII. STAFF REPORTS There were no questions regarding the staff reports. IX. GENERAL ORDER OF BUSINESS A. CONSENT AGENDA 1. Resolution No. 2003-109: Purchase Agreement for improvements of . State Land between the Town of Marana and Dan and Patricia Post (Jaret Barr) 2. Resolution No. 2003-107: Intergovernmental Agreement with Pima County to extend the Marana Construction Works! Affordable Housing Program (Dick Gear) 3. Discussion and Direction: Request for a parks superintendent, one additional laborer to act as a trades helper for facilities maintenance (Jane Howell) Upon motion by Council Member Escobedo, seconded by Council Member McGorray, the consent agenda was unanimously approved. B. COUNCIL ACTION 1. Resolution No. 2003-108: Approval of Construction Manager at Risk Contract for the construction of the Marana Municipal Complex (Jim DeGrood) Mr. DeGrood spoke before the Council regarding this item. He explained that D.L. Withers Construction, Inc. had been working with Town staff since late 2002 as a consultant on the new municipal complex and had offered a guaranteed maximum price for the project. 2 1~1TNUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL SEPTEMBER 16, 2003 • • n ~J He said that the offered price, $18,247,674.00, was consistent with the budget that was approved by the Council this past summer. He recommended approval of the proposed contract. Upon motion by Council Member Comerford, seconded by Council Member Blake, Resolution No. 2003-108 was unanimously approved. Mr. Reuwsaat introduced Mark Thompson, Project Manager from D.L. Withers, Inc. to the Council and public. Mr. Thompson indicated that two other company representatives, Dan. Withers, Owner and President, and David Bradley, Vice President, were also present in the audience. Both gentlemen expressed their appreciation and eagerness to work with the Town on the municipal complex project. 2. Ordinance No. 2003.23: Authorizing an exchange of real property to reconfigure the Marana Municipal Complex for the new Town Hall improvements and the execution of a Real Estate Exchange and Development Agreement with Reyher Partnership and Marana 348 Limited Partnership (Jim DeGrood) Mr. Reuwsaat presented this item before Council and outlined the benefits of the proposed property exchange. He noted that several minor changes had been made to the Real Estate Exchange and Development Agreement previously distributed as backup material for the Council. He provided handouts to the Council of the edited document and noted that the changes reflected a desire by the Developer to seek a charitable donation status in association with the property exchange. The edited version of the agreement has been made a permanent part of this record. Mr. Cassidy addressed the Council and stated that, due to the Town s reconfiguration of the municipal complex site in order to align the property more closely with Civic Center Drive, an orphaned piece of property north of Civic Center Drive had been created. He acknowledged that the Developer was offering a 0.64 acre parcel in the proposed exchange while the Towns property was approximately 0.5 acres. He confirmed that it was appropriate for the Developer to seek the charitable donation status and that the Town was accommodating this effort. Upon motion by Council Member Escobedo, seconded by Council Member Blake, Ordinance No. 2003.23 was unanimously approved. 3 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL SEPTEMBER 16, 2003 • 3. Discussion/Direction: For information on the Regional Effluent Planning Partnership (Farhad Moghimi) Mr. Reuwsaat began the discussion and introduced Mark Myers, consultant to the Town on water related issues. Mr. Myers briefly synopsized the Towri s participation in the Regional Effluent Planning Partnership (REPP), a Federal/local planning study with the Bureau of Reclamation and formally named the "Tucson Area Water Reuse Study". He said that the project had evolved over the last several years from amulti-partner, broad-based regional planning forum for effluent utilization to the current focus on two specific projects. The two projects are the Town of Marana's proposed Westside Effluent Reuse Pipeline and agricultural distribution system (WERP), and the expansion of the City of Tucson s reclaimed water system. He explained that, although the nature of the study had evolved over time, the Congressional and Title 16 requirements for the study had not changed. He conveyed that the Bureau of Reclamation must submit feasibility studies to Congress for each of the two projects now encompassed by the study. Mr. Myers • provided the Council with an informational sheet explaining in detail the REPP progress. This Status Summary has been made a permanent part of the record. He continued by stating that WERP consisted of two elements that could be constructed and operated independently of each other. He said the first element was a pipeline diversion from the Ina Road wastewater treatment plant that would provide effluent supplies to parks, schoolyards and environmental enhancement projects along the Santa Cruz River between Ina Road and the Rillito Narrows. The second WERP element consisted of a much larger system designed to divert effluent from the Santa Cruz River and provide effluent for agricultural use west and northwest of the Rillito Narrows. He noted that he and Mr. Moghimi had been working closely with Council Member Kai, the Cortaro-Marana Irrigation District (CMID), and BKW Farms to determine a method in which effluent could be used as a source of supply for agricultural uses. He mentioned that the Bureau's feasibility study was scheduled for completion by September 30, 2003, and would then be submitted to Congress. He emphasized that the submittal would not obligate Marana to any of the project options but that if the Town decided to commit to the project then lobbying for funding would be the next step in the process. No action was required for this item and there was no further discussion. 4 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN FALL SEPTEMBER 16, 2003 • 4. Resolution No. 2003-103: Gladden Farms Block 6 Preliminary Plat: A request by Richmond American Homes for preliminary plat approval of a 112-lot single family detached home subdivision on approximately 25 acres within the Gladden Farms detached home subdivision on approximately 25 acres within the Gladden Farms Development. The proposed subdivision will be located on Block 6 of the Gladden Farms Block Plat, directly south of Moore Road and east of the new Lon Adams Road, within Section 34, Township 11 South, and Range 11 East (Joel Shapiro) Joel Shapiro presented this item before the Council. He said that this project had been unanimously recommended for Council approval by the Planning Commission on July 30, 2003. He briefly outlined the proposed subdivision plan which consisted of 112 single family detached homes on approximately 25 acres within the Gladden Farms Block Plat. He noted that the project, zoned R-6 with average lot sizes of 6,270 square feet, would contain both single and two-story homes but that the subdivision was limited to 30 % along Lon Adams Road as well as an overall maximum 50 % restriction of the total number of two-story homes. He . added that no more than two consecutive two-story homes would be allowed to be adjacent to one another. Mr. Shapiro continued by describing other features of this project such as fence returns, roadway access into the development, off-site park and recreation requirements, and the treatment of the entire eastern boundary of the Gladden Farms development. He mentioned that ongoing negotiations with the developer regarding the eastern boundary were taking place and that Richmond American and Gladden Forest were willing to dedicate this area to the Town as a connecting trail system between the Santa Cruz River and the Ora Mae Harn District Park. He said that the Town would landscape and maintain the area following its dedication. Council Member Blake inquired about the requirements for two-story home placement, specifically the restrictions contained within the development agreement associated with corner placement. Mr. Shapiro replied that there was no such restriction at this time but that a Town Code amendment was being considered that would address this issue. Upon motion by Council Member Honea, seconded by Council Member Escobedo, Resolution No. 2003-103 was unanimously approved. • 5 ..__~... MINUri'ES OF REGULAR COLiYCIL MEETING MttiRANA TO~~'N HALL SI.PTEIVIBER 16, 2003 U 5. Resolution No. 2003-104: Gladden Farms Block 10 Preliminary Plat: A request by Richmond American Homes for preliminary plat approval of an 84-lot single family detached home subdivision on approximately 26 acres within the Gladden Farms Development. The proposed subdivision will be located on Block 10 of the Gladden Farms Block Plat, directly south of Gladden Farms Drive and west of the new Lon Adams Road, within Section 34, Township 11 South, and Range 11 East (Joel Shapiro) Mr. Shapiro described this item to the Council. He said that the proposed project, unanimously recommended for Council approval by the Planning Commission on July 30, 2003, was located directly south of Gladden Farms Drive and west of the new Lon Adams Road. He described the development as having 84 single-family detached home lots on 25.57 acres and as being zoned R-8 with an average lot size of 9,205 square feet. He said that this subdivision would also contain both single and two-story homes with limitations of two-story home placement similar to the previously heard project. He added that the subdivision provided several important trail connections. Council Member Honea asked about hei ht restrictions and whether or g not Richmond American had requested relief from the 25 foot height limitation associated with the R-8 zoning designation. Mr. Shapiro replied that the developer had not made any such request but would be held to the 15-foot setback between homes as specified by the Northwest Area Plan if height limitation relief was sought. Upon motion by Council Member Honea, seconded by Council Member McGorray, Resolution No. 2003-104 was unanimously approved. 6. Resolution No. 2003-99: Pima Farms Village Preliminarv Plat: A request for approval of a preliminary block plat consisting of four blocks on approximately 156 acres located at the northeast corner of Pima Farms Road and N. Scenic. Drive, in a portion of Section 29, Township 12 South, Range 12 East (Joel Shapiro) Michael Racy, representing Diamond Ventures, spoke before the Council regarding this item. He relayed that this project consisted of 156 acres and was subject to the Pima Farms Specific Plan. He said that the project contained only four blocks and that only two of those blocks were being developed. He detailed certain pertinent facts such as dedicated trail heads, the large central development area, and a 70-acre portion of the 6 MINUTES OF REGULAR COUNCILMEETING 11~IARANA TOWN HALL SEPTE~~BER 16, 2003 • project that would be reserved as natural open space. He commented that 65 acres out of the 70 acres would be covered under a conservation easement and preserved in perpetuity. He added that the natural buffer would be left intact with only enhancements such as native plants added. He said that the trail head could be gated if necessary and that there could also be enhancements added at that site as well. He reported that the majority of neighborhood concerns regarding desert preservation had been met. Council Member Honea complimented Mr. Racy on this project and asked about lot size restrictions. Mr. Racy replied that the developers had committed on record to lot sizes of 6,000 square feet or larger. Mayor Sutton asked about buffering and lot sizes on the eastern boundary of the project area. Mr. Racy replied that the buffer area would be enhanced and that there would be larger lot sizes up to a 12,000 sq. ft. range. Mr. Barr commented that, although the logistics of this project had been settled, the conservation needs were still in the negotiation stage. Upon motion by Council Member Honea, seconded by Council Member Blake, Resolution No. 2003-99 was unanimously approved. 7. Ordinance No. 2003.21: A request to extend and increase the corporate limits of the Town of Marana by annexing that territory known as the Cochie Canyon Trail North (Dick Gear) Mr. Reuwsaat presented this item to Council. He reported that signed petitions representing 100 percent of the property owners and 100 percent of .the real and personal property value had been received. He recommended approval of the proposed ordinance. Upon motion by Council Member Escobedo, seconded by Council Member Blake, Ordinance No. 2003.21 was unanimously approved. 8. Ordinance No. 2003.22: A request to extend and increase the corporate limits of the Town of Marana by annexing that territory known as the Cochie Canyon Trail Northwest (Dick Gear) • 7 I~~IINIITES OF RIJGULAR COUNCIL n~TEETING nIAKANA. TO«'N HALL SEPTEMBER 16, 2(}03 Mr. Reuwsaat spoke to the Council about this item. He said that the annexation request also had signed petitions representing 100 percent of the property owners and the property value. He recommended approval of the Council action. Upon motion by Council Member McGorray, seconded by Council Member Blake, Ordinance No. 2003.22 was unanimously approved. C. MAYOR AND COUNCIL'S REPORT Mayor Sutton reported on meeting with Governor Napolitano recently and commented that her outlook for the State of Arizona was positive. D. MANAGERS' REPORT Mr. Reuwsaat reported that the Town Hall meeting recently held at the Marana Operations Center (MOC) by Congressman Jim Kolbe had been well attended with over 100 people from the public. He thanked Mike Mencinger and staff for their preparations of the MOC. Mr. Reuwsaat continued his report and said that he and the Mayor would be involved in interviews all day on Wednesday, September 17~, for the new Executive Director of the Pima Association of Governments (PAG). He expected a recommendation for the position to be announced by September 24~. He reminded the Council of the upcoming Oro Valley State of the Town event scheduled for Thursday, September 18~ and urged everyone to attend. He noted that the Mayor and he had attended a Greater Tucson Economic Council (GTEC) breakfast meeting yesterday where Mayor Sutton had been a featured speaker. He observed that the GTEC meeting provided a good opportunity to make new connections for the Town. He confirmed that a meeting with GTEC officials was scheduled for next week at the Marana Northwest Regional Airport in order to discuss the airport's development. He reported that a public meeting showcasing the Santa Cruz River Trail was recently held at Coyote Trail Elementary School and that there was terrific response to the Towri s vision. He said that 150 people attended the public meeting. Mr. Barr reported that ongoing meetings were being held related to the planning of the Marana Heritage Park. He said that he would inform the Council of the progress as details developed. s MINUTES OF RIJGULAR COUNCIL MELTING MAIZANA TOWN HALL SEPTEMBER 16, 2003 • X. UPCOMING EVENTS There were no upcoming events discussed. XI. FUTURE AGENDA ITEMS No future agenda items were suggested. XII. ADJOURNMENT Upon motion by Council Member Escobedo, seconded by Council Member McGorray, approval to adjourn was unanimous. The time was 7:45 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on September 16, 2003. I further certify that a quorum was present. Jocelyn Bronson, Town Clerk C 9 MARANA TOWN COUNCIL MEETING Public Attendees DATE: `~ l ~" :~~o~ -(J1 ~ . Name Address G.~~ !~ ~r C~C~2~,~ a.G~il 5_j'U ~~s ~(~ • ~.~. -,o.-..-„ ~, ~t~ ~ ~- ~ ~/`/U/`p • ~ ~ ~~ ~~ ~~ ~~~P/~ ~ j~/I ~ ~~ t`~'t~~.l~ i cJ.z,~r~- ~~ o~ N (,~-ry~,~- Sa~-~,- ~ MARANA TOWN COUNCIL MEETING Public Attendees DATE:_~ ~ -,~,G~-~ ~ - Name t~ Address ~~ ~~~~ ~Q ~'t~ / /.S// ~ L3r/er ~~,~ ~y ~QS ~, , ~ .~ ~~ SPA ~~ ~ ~ 1 ~ ~ . ~~1f I D (.9~0 L ~ 57~ / ~ ~ ZDO E ~ (/ t ~ ~ D ~ 1 f .S ~ ~ o s ~ X10 ~ ZKo 83Q'1 It1. SAyAIJTb ~Ay ~UL,SCiv t~s ~o~z, ~,tiQ~ t<VE !rt 2,~ 1 a;. o ~ ~ ~ c~ .~c-~i A T ~w (T STS (al ~ (r'r~n,,4 J 1,4~ ~ I ~ ;,a,~ L. i~s1 sue. ~~i~,~ ~.1_. ~ ~~ an ~ i~~ ~. ~~ a~/z.~~~- ~~~~ IiJ~sc~l to . 3~n) 4 c L P~ m tt o, T v ~ S v ~~ ~/ol .~ NfARANA TOWN COUNCIL MEETING • Public Attendees DATE: ~ - / 6 -- d Name Address • STAFF REPORTS TO COUNCIL Building ~ Parks & Rec Town Clerk ~/ Planning Court Po I i ce Finance PW/Engineering Human Resources ~/ Water • • Planning Department August 2003 .Monthly ..Staff Report Strategy ~ N , ObjQCtivQ policy 4~j Q `F--~' 7 Od.l ~ ,~ :~ • The following represents highlights of Planning Department Activity during August: New Projects: The following new projects have been submitted for review: Rancho Marana Specific Plan Amendment The WLB Group, Inc., on behalf of Vistoso Partners, LLC, .Greg Wexler and the Town of Marana has submitted a request for the amendment of the Rancho Marana Specific Plan. The Specific Plan addresses land use and development standards for a master planned mixed-use community. of residential, commercial, office, public and recreational uses on approximately 996 acres located generally in north central Marana, lying north of Moore Road and bordered by I-10, including the Marana municipal complex and its vicinity. The proposed amendment. revises the Specific Plan for Rancho Marana West (that portion of the Specific Plan area lying west of I-10) only, to bring the plan into conformity with the Northwest Marana area plan and Town Center Design Guidelines in respect to circulation, open space, development standards, residential densities and Town Center planning concepts. Upon completion of the staff s review, this Specific Plan amendment will be considered by the Planning Commission and the Town Council. Vanderbilt Preliminary Block Plat, Blocks 1 thru 13 Vanderbilt Farms, LLC, represented by The WLB Group, Inc., has submitted the Preliminary Block Plat for Vanderbilt, Blocks 1 thru 13. The project is located within the Rancho Marana Specific Plan area in a portion of the South % of Sections 26 and 27, Township 11 South, Range 11 East and lies generally south of Barnett Road, West of I-10, north of Moore Road and east of Sandario Road. The plat consists of 13 blocks for a mixed use master planned community on approximately 408.62 acres. Included within the proposed development are approximately 212 acres for Medium Density Residential, 46.5 acres for Medium High Density Residential, 11 acres for High Density Residential, 8.5 acres. for Commercial and 94 acres for Employment Center. Upon completion of the staff's review, this Preliminary Block Plat will be considered by the Planning Commission and Town Council Sombra De Tecolote Preliminary Plat Maxine Jacobs, represented by EEC, Inc, has submitted the Preliminary Plat for Sombra De Tecolote, Lots 1 through 8. The project is located at the Southeast corner of Camino De Oeste and Camino Del Norte in aportion of Section 7, Township 12 South, Range 13. The plat consists of 8 single family residential lots on 14.85 acres. The minimum lot size within this subdivision is 72,502 square feet. The project density is approximately .54 residences per acre. The maximum allowable site disturbance is approximately 19,000 ,, square feet for each lot. Access to the subdivision will be provided by a single cul-de-sac off of Camino De Oeste. The project will include .16 miles of new public streets. Upon completion of the staff's review, this Preliminary Plat will be considered by the Planning Commission and Towri Council ~7 r~ ~~ Old West Industrial Village Preliminary Plat John Gutierrez, represented by Jeffrey A. Stanley Engineering, has submitted the Preliminary Plat for Old West Industrial Village. The project is located on the east side of Camino Martin at the south end of the street, in a portion of Section 6, Township 13 South, Range 13 East. The plat, consisting of Lot 1 and Common Areas A and B on 3.7 acres is proposed for future industrial development. Site access is provided from the cul- de-sac of Camino Martin. Upon completion of the staff s review, this Preliminary Plat will be considered by the Planning Commission and Town Council. Landscape Plans The Planning Department has received the following Landscape Plan for administrative review: • Farm Field Five • STAFF REPORT Capital Improvement Projects The following are capital' improvement projects in design. Silverbell Road Improvements Cortaro Road to Ina Road This project consists of reconstructing the roadway to four lanes with curb and gutter, multipurpose lanes and sidewalks, and providing for a continuous center turn lane, sanitary sewer system construction and intersection improvements at Ina/Silverbell, which includes a new traffic signal system. Estimated construction time: Summer 2004 Ina Road Roadway improvements 1-10 to Silverbell Road This project consists of roadway improve- ments and construction of two new bridges, including design and reconstruc- tioh to widen to four lanes with -multiuse lanes, median island, curb, curb and gutter and sidewalk installation, drainage improvements, landscaping, signal modifications, artwork and street lighting. Project is 1.1 miles in length. 'I Status; Environmental, Biological, DCR, Estimated construction time: To be deter- ! Geotechnical Report, Pavement Design ~.. Summary, and Archaeological reports are mined complete and have been accepted. The Status: 404 Permit application has been 404 Permit application has been submitted submitted. First year of Pygmy Owl Sur- to the Army Corps of Engineers (ACOE) vey has been completed. The DCR has and review is ongoing. Third year of Pygmy been reviewed and returned to the Owl Survey has been completed. ACOE is consultant with the final DCR expected in stilt in the process of reviewing the plan as July 2003. The Traffic Impact Analysis, submitted by Old Pueblo. The Town is in phase I Environmental Site Assessment, receipt of the final sanitary sewer basin Archaeology, the amended Bridge lnspec- study and the study has been accepted by tion, Bridge Stability Analysis, Grade both the Town and PCWWM. The Town is Control Stability Analysis, Bridge Selec- in receipt of the sanitary sewer plans and tion and Location Reports are completed traffic signal plans and review is currently and have been accepted; NPPO Plan has underway. The Town is waiting for corn- been accepted and Draft Access Manage- ments on the Sanitary Sewer plans prior to ' ment Report is on hold at this .point in s comments to the submitting the Town time. Access Management acceptance consultant. letters have been received by the consult- ant from the abutting property owners. The Town is in receipt of the 75% improvement plan submittal and the review is underway. The Town is waiting a ' ~ to receive commentsfrom ADOT before ~ ~ I submitting comments back to the consult- /~``~ 1_ MARANA ~~~~ September 2003 (Staff Report for the month of August) Capital Improvement 1-4 ` Projects in Design Capital Improvement 5 Projects to Construction Recently Completed 6 Projects Traffic Division Report 7 Public Works Arts g Project Committee r~° 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 • Respectful • Communication ' • Reliable • Productive • Quality ant. • Ethical • Consistency • Service • Safety • Integrity Silverbell Road -Cortaro to Ina • Commitment "~` PUBLIC WORKS September 2003 ~apital 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 Twin Peaks Interchange This project consists of environmental clearances, DCR and 15% plans for the corridor alignment, Phase 1; final design for TI, grade separated railroad structure and connection to the roadway system to the east,. Phase II. Status: Environmental clearances and the various per- mitting requirements are being addressed through Westland Resources. Second year of Pygmy Owl Survey has been completed and forwarded to EPA for consulta- tion. 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 construction plans by the end of June. Project advertisement is scheduled for September 2003. Tangerine Road/Thornvdale 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 signaiiza- tion. Second year of Pygmy Owl Survey has been com- pleted and the 404 permit process were initiated in Sep- tember 2001. The biological assessment for this project has been combined with the report for the Breakers to Thomydale Road segment, and as previously stated, has been submitted to EPA for consultation. The Town has determined that traffic signals are warranted for the inter- section; the design and drawings have been modified to include signals. 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 I 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 ~sta/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 Notice of Award was issued to Young & Sons, Inc. A pre-construction meeting is scheduled for September 16, 2003 with the Notice to Proceed to be issued at that time. Construction is anticipated to begin mid September 2003 and run through mid March 2004. Estimated Construction Time: 2006 Status: The consultant, URS, is continuing to collect data for all aspects of the project. A special agency scoping meeting was held on August 25, 2003 at FHWA's division office. The meeting included personnel from the Town, FHWA, ADOT, ACOE and AG&F. The meeting dealt with environmental issues. Staff has had several meetings with the public relations consultant to discuss logistics of the process. The third project team meeting was held on Mon- day, August 18, 2003 at the Marana Development Services Center. Second year of Pygmy Owl Survey has been com- pleted. District Park Bank Protection This project. consists of providing bank protection along the west bank of the Santa Cruz River from Ina Road to Cortaro Road. Status: Tetra Tech is the design engineer. 100% plans are expected back from the engineer by September 12, 2003. An individual 404 permit application has been submitted to the Army Corps of Engineers and is anticipated by Spring 2004. This area has now been .designated as critical habi- tat. Construction is anticipated to begin in July 2004. Ina Road Bridge Improvements-Bridge over the Santa Cruz River This project consists of constructing a new bridge over the Santa Cruz River south of the existing bridge. Construction will also include rehabilitating the existing Grade Control Structure, extending the soil cement bank protection on the east and west side of the Santa Cruz River. The recon- struction of the bank protection will include provisions for a pedestrian path. Status: The bridge improvement plans, DCR, bridge selec- tion report, bridge stability analysis and the amended bridge inspection report have been submitted to ADOT and Phoenix for their initial review and comments. Page 2 PUBLIC WORKS. September 2003 ~aareaxnars ... u ..air .... mums;:p~n~earo;~nur'.r*risaw-a~a~.~,+~m?.su~amamrrzr ,xea~.~~*~nr;^ssmxrraf~.~~•w.^~cw~,-: ~~~r,^.;uax~an!a>~.,~seu.?a:>sw.e a!.rmvcvn~uarua _.. ~an~.ww Capital Improvement Projects in Design (continued) ~Thornvdale Road/Orange Grove Road/Costco Drive Intersection Imarovements This project consists of reconstructing the intersections of Thorydale/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: To be determined Status: The 75% improvement plan submittal has been sub- mitted for review and the process is underway .The phase I environmental site assessment and the cultural resources re- ports have been approved: The Town has environmental clear- ances. Santa Cruz River Shared Use Path. Phase 1 and II Santa Gruz River Shared Use Path consists of a 14' wide paved asphalt path from Cortaro Road to Coachline Blvd. via the EI Rio Park development. Phase I 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 EI Rio Park. This project consists of a 14' wide paved asphalt path from Cortaro Road to Coachline Road via the EI Rio Park Develop- ment. Each phase is partially funded under ADOT's Transpor- tation Enhancement Program. Construction will need to be completed such that the ADOT funds are properly tracked; however, 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 have submitted comments to the design engi- neer on those plans . A public meeting with the Home Owners Association is scheduled for September 9th. Construction is anticipated to begin in the spring of 2004. Linda Vista Boulevard This project consists of chip. sealing approximately 314 mile of roadway from Camino de Manana east to approximately Hartman Lane. 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. 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 Munici- pal 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 #36 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 corridor, 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. Status: The construction con#ract has been awarded to Pima Paving. Tetra Tech will be providing construction administra- tion services. The Notice to Proceed was issued with a con- struction start date of September 8, 2003. The road will be closed during construction, so watch for public notices and detour signs. Page 3 PUBLIC WORKS September 2003 Capital Improvements in .Town of Marana Municipal Complex (Marana "MuniPlex") 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 I-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 Construe- 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- forduring 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. The first concrete was laced in footings in building B, the courts and Justice Building and the first concrete in Building A, the Council Chambers and the Administration Building is scheduled for September. Layout for utilities under the slab on grade, layout for area lighting, roads and parking lots has 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. Design (continued) Northwest Marana Town Center Roads Infrastructure and Offsite Improvements This project wilt 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 Town has awarded the construction of the Town roads and utilities, including the sewer. connections to D.L. Withers as part of the development of the Municipal Complex Offsites. D.L. Withers is currently mobilizing to procure sub- contractors to perform the sewer connections as part of the first phase of work. Underground utilities on Civic Center, Ma- rana Main Street and Grier Road will begin after WLB, the de- signer, resubmits corrected construction documents and agency permits are issued. WLB will develop a Conceptual Plan to 30% for the exten- sion of Marana Main Street north of Grier Road to an intersec- tion with Sandario Road to cant' the Marana Main Street and the Town Center concept to Sandario Road. The street design, landscaping and hardscaping is developed as a boulevard lined with. trees, street lights and banners, and will carry the Town Center theme throughout the Northwest Urban Center, with a series of "gates° announce to travelers and residents that they are "in" Marana, to establish a sense of identity and place as well as provide areas for a small commercial, safe pedestrian and cycling. Page 4 PUBLIC WORKS , Septembsr1003 Y~iv" ,. Y.. faSh~+:uw~RS.5:F5.`~ff:~0A tN4~IP:TK9K:~!!4'..M HL.h#V:"4tHi£~P'~+,eT3: i?4F.. .... ~.:-~- S ';?.w.::.~ K4F5K:aSeRre."tAM.'~S'fC~ Caiaital In~prove~nent 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. 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. District Park Native Plant Salvage and ImnrovementslMitigation This project consists of the removal, salvaging, and replanting of the vegetation in preparation of park improvements. Status: Ongoing. Coachline Boulevard This project consists of providing sidewalk additions along the east side of Coachline Boulevard from Twin Peaks to Drainage Way No. 2. 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 July 2003. Construction is substantially complete. The contractor needs to complete punch list items before the project is complete. 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. ,~ C: Status:. The contract has been awarded to Falcone Bros. & Associates. Construction is slated to begin mid July through the end of August 2003. The construction is sub- stantially complete. The final walk through and any items that need to be fixed by the contractor will take place in the near future. Page 5 PUBLIC WORKS 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 September 2003 o ~Cra#'~i~c ~i~isit~~ ~t~~~rt o _~ o . r - ~ _ _ ~ ~; _ ~ ~~~,~ r, _ ~~~, t~ Warning Beacons at the Avra Valley 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 waming 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 warning 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-Thornydale Road intersection, it has been decided to pursue the incorpora- tion of signalization in the Tangerine. RoadlThornydale 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 intersection. Compliance Studies at Railroad Crossings 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 wilt 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- fists stopping on the tracks. Report 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 has been provided to the Town's Planning and Zoning Commission for further discussion some time in September. Signing and Strigina Plan for Tangerine Road The Traffic Division has completed a comprehensive re- view of all the existing traffic control devices along the section of Tangerine Road between Breakers Road and Thornydale Road. Consequently; a plan showing all of the required revisions in signing and striping on this section has been prepared so that the appropriate traffic control devices can be installed as part of the Tangerine Road Improvement Project, which is scheduled to begin in the Falt of 2003. Traffic Signal at Silverbell Road-Wade Road Intersec- tion A traffic signal study conducted at the Silverbel{ Road- Wade Road intersection found that the installation of a traffic signal is warranted at that location. Public Notice for Statement of Qualifications has been advertised and we are awaiting the responses. It is expected that the signal will be designed during this fiscal year and will be con- structed 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. Speed Limit Map for Town Roadways The 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 atl posted. speed limits . on these roadways. This map will be made available for distribution and will be displayed on the Town's web site. Page 7 PUBLIC WORKS September2003 Public Work Art Project Committee The Public Art Project Committee met on August 13, 2003. Several artists were asked to be present at the meet- ing and submit some of their past work. This was so that the committee could decide on someone to work on public art for the transportation enhancement pro- ject for the Silverbell Roadway Improvements. Based ; rn. ~ '; ~~ i A ,__~ on the information that was pre"sented, the committee fi ~ ~` ~`'~' ~~ chose To-Ree-Nee Keiser as the artist to work on ~~;- ~ ~ , ~ r` 1 this project. .` ~'~ ~=` Committee Members:. Curt Ench, Chair Brian Jones, Vice Chair Sally Jackson Kathy Price Margaret Joplin .Nancy Lutr -~~ . ~ ~ ' ~_~ - - - = -^~` ~_,._ _ ~~, - ;,• __ ~' ~G3' ~' ~_._ -. l~ Page 8 PUBLIC WORKS • T OV'1jN O F MARANA MUNICIPAL WATER SYSTEM DEPARTM-ENT REPORT For: August 2003 e e WE CONSERVE WHAT WE LOVE • Date: September 8, 2003 _~ MAi~A~`~!A /I~. TOWN OE 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: August 2003 Department Report Update DATE: September 8, 2003 CUSTOMER INFORMATION 1910 Number of Customers Billed in August 55 Number of Disconnects in August 65 Number of New Connects in August 100 Number of New Services with Meter Installation 26,098,665 Total Gallons sold in August 33.59 Acre feet pumped (non-trust wells) Picture Rocks, Happy Acres, Palo Verde, Airport, Sky Diving Center, Continental Reserve and Hartman Vistas 50.05 Acre-feet wholesale water purchased (trust wells) Marana, La Puerta, Oshrin, Falstaff, Honea, and Cortaro Ranch (325,851 gallons =acre foot) • • • 1. Repaired service line on Price Ln. 2. Repaired mainline leak in Honea Heights 3. Airport Fire Suppression System is now oline and being operated by the Water Department. 4. Manual operation of the emergency generator and booster pump on Wade Rd. daily. 5. Doing weekly progress inspections for the W ade R d. B ooster p lant. W e a re s till lacking electric. 6. Video of Picture Rocks well revealed plugged perforations. The well is currently going through an emergency rehabilitation. We are doing weekly progress checks, and I have submitted a flushing permit application to ADEQ. 7. Turned in final paper work to Pima County DEQ for LaPuerta's new source approval. The Water Department is still waiting for more information from C MID regarding the status of this well 8. The Water Department has designated one staff member to GPS until the all systems are done. 9. 328 Blue Stakes completed in August. DAILY OPERATIONS WATER SERVICE AGREEMENTS BEING NEGOTIATED 1. Hartman Vistas /Cortaro Ranch Interconnect are designed. Contract to be bid and awarded in October 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. - Ecl~erd'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 infrastructure is being. designed. 6. Purchase of Sunset Ranch Estates (S.R.E.) on Pima Farms Rd from Tucson Water. Proceeding contract is 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 requested for permit issuance. After 60 days, including a hearing, it should be finalized and issued. 3. Pilot water treatment of Picture Rocks system is installed and operating. Will keep you informed as it progresses. 2 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. 7. Non-potable system and storage is in design stage. • r ~ • • • TOWN COUNCIL TOWN MEETING OF INFORMATION MARANA DATE: September 16, 2003 AGENDA ITEM: 1X. A. 1 TO: Mayor and Council FROM: Jaret Barr, Assistant to the Town Manager SUBJECT: Resolution No. 2003-109 -Purchase Agreement for improvements of State Land between the Town of Marana and Dan and Patricia Post DISCUSSION: This item would authorize the Mayor to execute an agreement between the Town of Marana and Dan and Patricia Post for t he T own t o p urchase the improvements on Leased Arizona State Land as appraised by Walter D. Armer by an .appraisal dated June 6, 2003. In anticipation of .this purchase of improvements, the Town has acquired the assignment. of Agriculture Lease Number O1-106983 from state land, and will assume the lease on the land and its remittance. The Posts have a farming operation on approximately 75 acres of land located in the Town. of Marana, Pima County, Arizona, and more particularly described as the east half of the northwest quarter of the southeast quarter, the northeast quarter of the southeast quarter, the north half of the northwest quarter of the southeast quarter of the southeast quarter, and the northeast quarter of the southeast quarter of the southeast quarter of Section 33, Township 11 South, Range 11 East, Gila and Salt River Base and Meridian, Pima County, Arizona The Town plans to enhance the lands, including the general upkeep of the leased land and its contents, while maintaining non-farmed agriculture land until such time as the land is put up for sale by the Arizona Department of State Land, at which time the Town plans on purchasing, improving and developing the land as part of the Town's new Cultural and Heritage Park. By purchasing the improvements and controlling the lease, the Town can fully and seamlessly master plan the future Heritage Park's portion'on this piece with full consent and understanding of the techniques and needs of the planning staff and consultants, while not improving the land until such time as the Town is in full ownership of the land. The p urchase p rice. o f 0 ne-Hundred E ighty T housand D ollars ($180,000.00) is b ased o n t he appraisal p erformed b y W alter D. A rmer a nd A ssociates t o e stimate the m arket v alue o f t he subject improvements for possible purchase by the Town of Marana. RECOMMENDATION: Staff recommends the approval of Resolution No. 2003-109, authorizing the execution of the Purchase Agreement between. the Town of Marana and Dan and Patricia Post. SUGGESTED MOTION: I move to approve Resolution No. 2003-109. • MARANA RESOLUTION N0.2003-109 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AUTHORIZING THE EXECUTION OF A REAL ESTATE IMPROVEMENTS PURCHASE AGREEMENT WITH DAN AND PATRICIA POST. WHEREAS, the Town of Marana has received the assignment of Arizona State Land Department Agriculture Lease Number 01-106983 from Dan and Patricia Post; and WHEREAS, the Posts own various improvements located on the State Land, including a 2,037 square foot residential dwelling, a horse barn, horse corrals, a hay barn, perimeter fencing, an irrigation well, storage tank, concrete ditches and laser leveled hay fields (the "Subject Improvements") WHEREAS, the Town has commissioned an appraisal to determine the value of the r 1 U Subject Improvements, based on their estimated depreciated replacement cost; and WHEREAS, the Town desires to purchase the Subject Improvements in order to consolidate the Town's holdings for possible future acquisition of the State Land for the Town's new Cultural and Heritage Park. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, authorizing the Town of Marana to enter into and the Mayor to execute the "Real Estate Improvements. Purchase Agreement" with Dan and Patricia Post in the form presented to the Mayor and Council concurrently with this Resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 16th day of September, 2003. ATTEST: Jocelyn C. Bronson, Town Clerk Mayor BOBBY SUTTON, JR. APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Resolution No. 2003-109 09/09/2003 4:52 PM TOWN COUNCIL TOWN MEETING OF INFORMATION MARANA DATE: September 16, 2003 AGENDA ITEM: IX. A. 3 TO: Mayor and Council FROM: Jane Howell, Human Resources Director SUBJECT: Discussion and Direction: Request for a parks superintendent, one additional laborer to act as a trades helper for facilities maintenance DISCUSSION: The following positions were not included in the recently approved budget but are requested as an out-of--cycle allocation. Parks within the Town are a priority reflected in various commitments to CIP and park improvement projects. These commitments require overview of development and construction of the projects, including inspection and budget oversight. Staff expects to r ecruit a c andidate w ith a B achelor's Degree in Landscape Architecture, Urban Planning or a related field who has considerable knowledge of principles. and practices of municipal park issues and progressively responsible experience in supervising and directing parks improvement projects. The parks superintendent would perform these duties under the direction of Ron Smith, Parks and Recreation Director and also be responsible for developing operational policies and procedures, including on-going preventive maintenance for park facilities, athletic fields and trails. The current facilities maintenance technician, George Pesina, Sr., does internal trades-related repairs and maintenance as well as remodeling and. construction for all Town facilities. Currently, George receives operational support in the form of inmates who are assigned to him but the Town continues to increase its needs f or r emodeling, p ainting, a tc. A m aintenance w orlcer d edicated t o f acilities maintenance will expand the ability of George to respond to facilities maintenance work orders. Estimated fiscal impact of the two requests would be as follows: Parks Superintendent: $52,570 minimum + $15,771 benefits + $3,000 work station = $71,341. Facilities Maintenance Worker: $22,509 min + $6,753 benefits + $500 uniforms, etc.. _ $29,762 Total estimated fiscal impact for the two requests: $101,103 RECOMMENDATION Staff recommends authorization to hire a parks superintendent and facilities maintenance worker, with an estimated fiscal impact of $101,103. SUGGESTED MOTION: I move to approve the hiring of a parks superintendent and a facilities maintenance worker. • HR/7H/CouncillBluesheet/Add-Reclassify 09/09/03 r~ LJ • • TOWN COUNCIL TOWN MEETING OF INFORMATION MARANA DATE: September 16, 2003 ~ AGENDA ITEM: IX. B. 1 ~ TO: Mayor and Council FROM:. James R. DeCrrood, P.E., Development Services Administrator SUBJECT: Resolution No. 2003-108: Approval of Construction Manager at Risk Contract for construction of the Marana Municipal Complex DISCUSSION: D.L. Withers Construction, Inc. was engaged by the town to perform professional construction management services on the Marana Municipal Complex in late 2002, a fter a q ualifications based selection process was performed pursuant to statute. The construction manager has been working in conjunction with the Architect and Town to deliver a project that offered the best value at the best price. D.L. Withers Construction, Inc. has offered a Guaranteed Maximum Price for the project of $18,247,674.00 for the construction of the new municipal complex. This amount is consistent with the amount budgeted for the complex. Staff has worked extensively with the contractor on the development of this contract extension for the completion of the municipal complex RECOMMENDATION: Staff recommends approval of the Construction Manager at Risk Construction Contract. i SUGGESTED MOTION: I move to a rove Resolution No. 2003-108. PW/JRD/DMH/12/14/99 U MARANA RESOLUTION N0.2003-108 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AUTHORIZING THE EXECUTION OF A GUARANTEED MAXIMUM PRICE CONTRACT FOR THE CONSTRUCTION OF THE MARANA MUNICIPAL COMPLEX WHEREAS, the Town of Marana has initiated the design of a new Municipal Complex to accommodate the governmental functions of the Town of Marana at a central, single facility; and WHEREAS, The Town has performed a Qualifications Based Selection process for a Construction Manager in accordance with the state statutes relating to the procurement of constructions services through the Construction Manager at Risk method of contracting; and WHEREAS, D.L. Withers Construction, Inc. was selected to perform Construction Management services for the Municipal Complex; and WHEREAS, The Town and D.L. Withers Construction, Inc. have negotiated a Guaranteed Maximum Price contract in the amount of $18,242,674.00 for the construction of the new Municipal Complex, exclusive of furniture, fixtures and equipment and offsite infrastructure. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1: The Mayor is authorized to execute a Construction Manager At Risk contract with D.L.Withers, Inc. for a guaranteed maximum construction price of $18,242,674.00 for the construction of the Marana Municipal Complex. Section 2: The Town Manager is authorized to do whatever is necessary or beneficial to carry out the terms of the contract and the project. Section 3: Ordinances, resolutions, or motions and parts of ordinances, resolutions, or motions of the Council in conflict with the provisions of this Resolution is hereby repealed, effective as of the effective date of this Resolution. Section 4: If any section, subsection, sentence, clause, phrase or portion of this Resolution is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. C] Marana Resolution No. 2003-108 Page 1 of 2 • PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 16th day of September, 2003. ATTEST: Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: Frank Cassidy Town Attorney • • Mayor BOBBY SUTTON JR. Marana Resolution No. 2003-108 Page 2 of 2 TOWN COUNCIL TOWN MEETING OF INFORMATION MARANA DATE: September 16, 2003. AGENDA ITEM: IX. B. 2 TO: Mayor and Council FROM: Frank Cassidy, Town Attorney SUBJECT: Ordinance No. 2003.23:. Authorizing an exchange of real property to reconfigure the Marana Municipal Complex for the new Town Hall improvements and the execution of a Real Estate Exchange and Development Agreement with Reyher Partnership and Marana 348 Limited Partnership DISCUSSION: This ordinance authorizes and sets the terms for an exchange of real property.. for purposes of reconfiguring the Marana Municipal Complex to accommodate the construction of the new Town Hall and related improvements. The particular parcels being exchanged, and the terms and c onditions of the exchange, are set forth in the Real Estate Exchange and Development Agreement with Reyher Partnership and Marana 348 Limited Partnership, which is also presented and authorized for execution as part of this action item. This ordinance and the Real Estate Exchange and Development Agreement it authorizes provides that Reyher Partnership and Marana 348 Limited Partnership will transfer to the Town certain land needed for the newly configured Marana Municipal Complex site, for cone-acre portion of the new Northwest Fire District fire station, and for road rights-of--way. and drainage easements needed to serve the Marana Municipal Complex. In exchange, the Town will transfer to Reyher Partnership. and Marana 348 Limited Partnership certain property no longer needed for the. Marana Municipal Complex site. The particular parcels involved in the exchange are shown on the map attached as Exhibit J to the Real Estate Exchange and Development Agreement. The Real Estate Exchange and Development Agreement also provides (among other things) for (1} construction of roads and other infrastructure by the Town not later than the end of 2005, (2) a fair-share infrastructure payment of $441,837 by Reyher Partnership and Marana 348 Limited Partnership to the Town as part of the subdivision assurances on the residential lands, and (3) a restriction on the use of certain lands surrounding the Marana Municipal Complex for commercial purposes only. r RECOMMENDATION: Staff recommends that Mayor and Council adopt Ordinance No. 2003.23 SUGGESTED MOTION: I move to approve Ordinance No. 2003.23. Marana Ordinance No. 2003.23 09/09/2003 4:06 PM L _I MARANA ORDINANCE N0.2003.23 AN ORDINANCE OF THE MAYOR AND COUNCIL OF -THE TOWN OF MARANA, ARIZONA, APPROVING AN EXCHANGE OF REAL PROPERTY LOCATED IN THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 11 EAST, RANGE 11 SOUTH, G&SRB&M FOR OTHER PARCELS OF SUBSTANTIALLY EQUAL VALUE IN THE SAME AREA FOR PURPOSES INCLUDING THE RECONFIGURATION OF THE NEW MARANA MUNICIPAL COMPLEX AND THE CREATION OF PUBLIC ROADS AND OTHER IMPROVEMENTS TO SERVE THE NEW MARANA MUNICIPAL COMPLEX; AUTHORIZING THE MAYOR TO EXECUTE A REAL ESTATE EXCHANGE AND DEVELOPMENT AGREEMENT AND ANY DEEDS AND OTHER DOCUMENTS NECESSARY TO ACCOMPLISH THE EXCHANGE; AND DECLARING AN EMERGENCY. WHEREAS, the Town of Marana entered into a "Public Facility Acquisition Agreement" dated May 24, 1999 (the "1999 Agreement") for the acquisition of real property located in the . northwest quarter of section 27, township 11 east, range 11 south, G&SRB&M for the development of the new Marana Municipal Complex; and WHEREAS, the Town of Marana determined that it is necessary to reconfigure and enlarge the site of the Marana Municipal Complex and associated public improvements (collectively, the "MMC Site") to (among other things) acquire from the owners of the surrounding property an additional acre of land for a fire station, additional right of way for Civic Center Drive and Main Street, and easements for Town drainage improvements, and to transfer to the owners of the surrounding property certain land no longer needed for the MMC Site, all as specifically described and mapped on the exhibits attached to the Real Estate Exchange and Development Agreement ; and WHEREAS, the parcels of land being exchanged are of substantially equal value; and, WHEREAS, A.R.S. § 9-407 requires land exchanges to be authorized by ordinance. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1. The exchange of lands asset forth in the document entitled "Real Estate Exchange and Development Agreement" presented to the Mayor and Council concurrently with this Ordinance is hereby authorized pursuant to the terms and conditions set forth in that Agreement. • Manna Ordinance No. 2003.23 Page 1 of 2 Section 2. The Mayor is hereby authorized to execute the Real Estate Exchange and Development Agreement and any and all deeds and other related documents necessary to carry out the terms of the Agreement. Section 3. It is necessary for the preservation of the peace, health, and safety of the Town of Marana that this ordinance become immediately effective; therefore, an emergency is hereby declared to exist and this ordinance shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 16th day of September, 2003. Mayor BOBBY SUTTON, JR. ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney • Marana Ordinance No. 2003.23 Page 2 of 2 • REAL ESTATE EXCHANGE AND DEVELOPMENT AGREEMENT THIS AGREEMENT ("Agreement") is made and entered into by and between THE TowN of MARANA, an Arizona municipal corporation (the "Town"), REYHER PARTNERSHIP, an Arizona general partnership ("Reyher") grid MARANA 348 LIMITED PARTNERSHIP, an Arizona limited partnership ("Marana 348"). Reyher and Marana 348 are referred to collectively as the "Owner." The Town, Reyher and Marana 348 are sometimes collectively referred to as the "Parties." RECITALS A. The Parties entered into a "Public Facility Acquisition Agreement" dated May 24, 1999 (the "1999 Agreement"). B. Among other things, the 1999 Agreement provided terms and conditions for the transfer and sale of land from the Owner to the Town for the construction of a new Town Hall and Civic Center Site (the "Marana Municipal Complex"). C. The Marana Municipal Complex as conveyed by the Owner to the Town pursuant to the 1999 Agreement was as set forth in the legal description and map attached as Exhibit A (the "Original Configuration"). D. The Town has determined that it is necessary to reconfigure and enlarge the site of the Marana Municipal Complex and associated public improvements (collectively, the "MMC Site") to (among other things) acquire an additional acre of land for a fire station, acquire additional right of way for Civic Center Drive and Main Street, acquire easements for Town drainage improvements, and transfer to the Owner certain land no longer needed for the MMC Site. The various parcels that are affected by the reconfiguration (not all of which are addressed by this Agreement) are set forth in the legal descriptions and maps attached as Exhibit A through Exhibit J. E. To establish the character of the MMC Site and surrounding areas as a business center, the Town desires certain portions of the Owner-owned property in the immediate area of the MMC Site to be reserved for commercial purposes. F. The Owner has acquired the Reyher House for the Town, to connect Grier Road and Main Street.. AGREEMENT Now, THEREFORE, in consideration of the foregoing premises and the mutual covenants set forth in this Agreement, the Parties hereby agree as follows: 1. Exchange of land. No later than September 30, 2003, the Parties will complete the following exchange of land: TOWN OF MARAAA /MARANA MUNICIPAL COMPLEX REAL ESTATE EXCHANGE c~ DEVELOPMENT AGREEMENT - 1 - 09/03/2003 7:12 PM (A) Town to Owner. The Town shall transfer to the Owner fee title to the portions of the Original Configuration identified as Parcel 1 and Parcel 2 as set forth in the legal descriptions and map attached as Exhibit B. (B) Owner to Town. Owner shall donate to the town the following lands and interests: (i) Fee title to the MMC Site expansion identified as Parcel 3 as set forth in the legal description and map attached as Exhibit B. (ii) Fee title to the road right-of--way identified as Parcel 4 and Parcel s as set forth in the legal descriptions and map attached as Exhibit C. (iii) Fee title to the road right-of--way identified as Parcel 8 and Parcel 10 as set forth in the legal descriptions and map attached as Exhibit D. (iv) Fee title to the portion of land needed for a fire station identified as "Fire Station South" as set forth in the legal description and map attached as Exhibit G. (v) Fee title to the parcel identified as "Reyher Partnership Parcel" as set forth in the legal description and map attached as Exhibit H. (vi) Permanent easements over the parcels identified as "Access and Drainage Easement" (1) and (2) as set forth in the legal descriptions and map attached as Exhibit I. 2. Restriction of land to commercial uses. Owner shall restrict to commercial uses those Owner-owned lands identified as "Block 1," "Block 2," "Block 3" and "Block 4" on the map attached as Exhibit J, which areas may not be used for purposes other than commercial development without the consent of the Marana Town Manager, whose decision may be appealed to the Marana Town Council. 3. Town improvements. Not later than December 31, 2005, the Town will construct Civic Center Drive and Main Street and provide lighting, landscaping, hardscape, drainage, and wet and dry joint trench utilities and turnouts, all as shown on the improvement plans prepared by the WLB Group and on file with the Town's Development Services Center. The Town shall also be responsible for construction and maintenance of the drainage facilities located on "Access and Drainage Easement" (1) and (2) as set forth in~the legal descriptions and map attached as Exhibit I. 4. No further assessments or special fees. Except as otherwise provided in paragraphs 5 and 6 of this Agreement, Town shall not adopt or impose on Owner's remaining property any additional assessments or impact fees that are not adopted and uniformly applied in the Town, or costs associated with development of Owner's remaining property beyond routine and customary application, review and permitting fees and assessments for the Lower Santa Cruz bank protection. However, additional reasonable landscape requirements may be imposed by the Town on individual builders' projects, which landscaping shall be incidental to that respective project. 5. Parks. The 185 square foot per dwelling unit on-site park and recreation requirement and any requirement for dedication of land for regional parks shall be satisfied in full through the dedication of drainage areas on the north side of the property and construction of a pedestrian trail connecting the residential portions of the Owner's remaining property to the Ora Mae Harn . Regional Park. In addition, a $1,000 per dwelling unit assessment may be imposed upon issuance TOWN OF MARANA /MARANA MUNICIPAL COMPLEX REAL ESTATE EXCHANGE & DEVELOPMENT AGREEMENT - 2 - 09/032003 7:12 PM of building permits on Owner's remaining property for regional park improvements which must be used within the area of the MMC Site. 6. Transportation. In consideration of Owner's dedication of land by this Agreement and Owner's payment of $441,837 as Owner's fair share contribution toward infrastructure, the Town shall not impose any other assessments or impact fees that are not adopted and uniformly applied, and shall not require dedications for transportation purposes. This $441,837 shall be charged against the Owner's residential lands consisting of a total of about 40.5 acres identified as "Block 5" and "Block 6" on the map attached as Exhibit J. This $441,837 obligation shall be included as Owner's infrastructure costs covered by subdivision assurances for Block 5 and Block 6. As payments are made toward this $441,837 obligation, the subdivision assurances for Block 5 and Block 6 associated with this $441,837 obligation shall be released proportionately based on acreage. 7. No Plan Amendment required. The reconfiguration of the roads and parcels and the development of commercial and residential parcels as depicted on attached Exhibit A are being done at the request of the Town and are consistent with the requirements of the Rancho Marana Specific Plan. As such, these modifications do not require a rezoning or plan amendment of the Rancho Marana Specific Plan and said properties may proceed with block platting, subdivision platting and/or development plans as may be appropriate, within the terms and conditions of the Specific Plan, Norwest Marana Area Plan and applicable Town codes. 8. Modification of the 1999 Agreement. This Agreement amends and supercedes the 1999 Agreement. 9. Inclusion in Northwest Fire District. Owner shall take all steps necessary to annex into the Northwest Fire District all of the properties identified as "Block 1," "Block 2", "Block 3", "Block 4," "Block 5" on the map attached as Exhibit J not later than the date an application for subdivision plat or development plan is submitted for any portion of those properties. 10. Not a subdivision. The reconfiguration of the MMC Site and the location of surrounding public infrastructure have been accomplished as an accommodation to and at the request and direction of the Town. The division of the lands shown on the map attached as Exhibit J into separate parcels by virtue of the creation of Marana Main Street and Civic Center Drive, by the exchange of land needed for the Marana Municipal Complex and by the transfer of land needed for the new fire station are acknowledged to be actions of the Town, and are not counted against or attributable to the Owner for purposes of the Arizona subdivision laws. 11. Development agreement. To the extent this Agreement governs the uses and development of property, it shall be considered a development agreement executed under the authority of A.R.S. § 9-500.05. 12. Notices. All notices, requests and other communications under this Agreement shall be given in writing and either (i) personally served on the party to whom it is given, or (ii) mailed by registered or certified mail, postage prepaid, return receipt requested, or (iii) sent by private overnight courier such as Federal Express or Airborne, or (iv) transmitted by facsimile (provided that a confirming copy of the facsimile transmission is mailed on the date of such transmission), addressed as follows: TOWN OF MARANA /MARANA MUNICIPAL COMPLEX REAL ESTATE EXCHANGE & DEVELOPMENT AGREEMENT 3 ' 09/03/2003 7:12 PM If to the Town: TOWN OF MARANA 13251 N. Lon Adams Road Marana, Arizona 85653-9723 (520) 682-3401 Fax (520) 682-9026 If to the Owner: GREG WEXLER 7995 North Business Park Drive Tucson, AZ 85743 (520) 744-8500 Fax (520) 744-0749 With a copy to: BARRY A.EBERT 7610 East McDonald Drive, Suite H Scottsdale, Arizona 85258 (480) 998-7232 Fax (480) 998-3996 All notices shall be deemed given when delivered or transmitted by facsimile or, if mailed as provided above, on the second day after the day of mailing, and if sent by overnight courier, on the next day after the date of deposit with the courier. Any party may change its address for the receipt of notices at any time by giving written notice thereof to the other parties in accordance with the terms of this section. The inability to deliver notice because of a changed address of which no notice was given, or rejection or other refusal to accept any notice, shall be deemed to be the effective receipt of the notice as of the date of such inability to deliver or rejection or refusal to accept. 13. Miscellaneous. (A) This Agreement may not be modified except in a writing signed by the Parties. (B) Time is of the essence of this Agreement. (C) This Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona, and any lawsuit to enforce any provision of this Agreement or to obtain any remedy with respect to this Agreement shall be brought in the Pima County Superior Court, and for this purpose the Parties expressly and irrevocably consent to the jurisdiction of the Pima County Superior Court. (D) If either of the Parties fails to perform any of its obligations under this Agreement or if a dispute arises concerning the meaning or interpretation of any provision of this Agreement, the defaulting party or the party not prevailing in the dispute, as the case may be, shall pay any and all costs and expenses incurred by the other party in enforcing or TOWN OF MARAI~A /MARANA MUNICIPAL COMPLEX REAL ESTATE EXCHANGE & DEVELOPMENT AGREEME:~'T - 4 - 09/03/2003 7:12 PM establishing its rights under this Agreement, including, without limitation, court costs and reasonable attorneys' fees. (E) The captions and section numbers appearing in this Agreement are inserted only as a matter of convenience, and do not define, limit, construe or describe the scope or intent of such sections or articles of this Agreement. (F) This Agreement may be executed in multiple counterparts, each of which shall, for all purposes, be deemed an original and all of which, taken together, shall constitute one and the same agreement. (G) This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors in interest and assigns; provided, however, that no assignment of this Agreement shall in any way relieve the assignor of its obligations under this Agreement. (H) This Agreement is subject to A.R.S. § 38-511, which provides for cancellation of contracts in certain instances involving conflicts of interest. (I) Exhibits referred to in this Agreement are attached to and incorporated by reference as if set forth in full in this Agreement. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the last date set forth below their respective signatures. TowN: THE -TOWN OF MARANA, an Arizona municipal corporation OWNER: REYHER PARTNERSHIP, an Arizona general partnership ("Reyher") By: Trident Marana Properties, Inc. Managing Partner By: Bobby Sutton, Jr., Mayor Date: By: Barry A. Ebert, Vice President ATTEST: Date: MARANA 348 LIMITED PARTNERSHIP, an Arizona limited partnership ("Marana 348") Jocelyn C. Bronson, Clerk By: • Date: TOWN OF MARANA /MARANA MUI~7CIPAL COMPLEX Robert Sarver, General Partner REAL ESTATE EXCHANGE ce DEVELOPMENT AGREEMENT - 5 - 09/03/2003 7:12 PM t STATE OF ARIZONA ) SS County of Pima ) The foregoing instrument was acknowledged before me on by Barry A. Ebert, Vice President of TRIDENT MARANA PROPERTIES, INC., Managing Partner of REYHER PARTNERSHIP, an Arizona general partnership, on behalf of the partnership. My commission expires: Notary Public • STATE OF ARIZONA ) SS County of Pima ) The foregoing instrument was acknowledged before me on by Robert Sarver, General Partner, on behalf of MARANA 348 LIMITED PARTNERSHIP, an Arizona limited partnership. My commission expires: Notary Public TOWN OF MAR4 \A /MAR4NA MUNICIPAL COMPLEX REAL ESTATE EXCHANGE & DEVELOPMENT AGREEMENT ' 6 ' 09/03/2003 7:12 PM i. • • TOWN COUNCIL TOWN MEETING OF INFORMATION IVti4RANA DATE: September 16, 2003 AGENDA ITEM: IX. B. 6 TO: Mayor and Council FROM: Joel D. Shapiro, Planning Director SUBJECT: .Resolution No. 2003-99: Pima Farms Village Preliminary Plat: A request for approval of a preliminary block plat consisting of four blocks on approximately 156 acres located at the northeast corner of Pima Farms Road and N. Scenic Drive, in a portion of Section 29, Township 12 South, Range 12 East. DISCUSSION: The Pima Farms Specific Plan was adopted by the. Town of Marana January 19, 1989. This project is a portion of that Specific Plan that was not developed on the Continental Reserve .Block Plat. This application was considered by the Marana Planning Commission at its regular meeting of August 20, 2003, and a recommendation for approval with conditions, was passed unanimously. This project consists of approximately 156.5 acres located at the northeast corner of Pima Farms Road and North Scenic Drive, in a portion of Section 29, Township 12 South, Range 12 East. This project proposes to create four blocks for future development or conservation. Specific Plan• This p roperty i s t he p ortion o f t he P ima F arms S pecific P lan that was previously in the designated Critical Habitat for the Cactus Fernzginous Pygmy Owl. As such,. it was not included in the Continental Reserve Platting project. The Developer has subsequently consulted with U.S. Fish and Wildlife, and proposes to comply with their recommendations. This project will be subject to the requirements of the Pima Farms Specific Plana Within that Specific Plan special buffers are required for the west and south property lines. The Specific Plan calls fora 100-foot area of undisturbed vegetation buffer to be maintained along Scenic Drive, and a 50-foot undisturbed buffer along the remaining perimeter of the site along the south property line. In addition, there is a Development Overlay Zone that requires a maximum building height, increased open space requirement, and other requirements that will be included in the CC&R's. The maximum density per acre allowed is 3 to 6 residences per acre, as designated in the Pima Farms Specific Plan. Transuortation: The Preliminary Plat shows two ingress/egress locations off of Pima Farms Road. In addition, there will be a connection to Twin Peaks Highland, the subdivision to the north, giving residents a northern route to Silverbell Road. The developer will be responsible for improving Pima Farms Road from a point just west of Sand Dune Place (to which point it has already been improved by Continental Reserve) to Pima Farms Village's westernmost access street (called access "A" in the Traffic Impact Study). The roadway improvements should match the cross-section for the improvements already made on Pima Farms Road. The Marana Traffic Division has approved this plat. Trails and Trailhead: Block 2 of this Block Plat will remain undeveloped with the exception of the construction of a Trailhead for the public trails that access the Saguaro National Park West. The final design for the Trailhead facility has not been decided yet, as the developer is engaged in on- going discussions with the neighbors to the south to accommodate their concerns as much as possible. There will be a public trail that extends down the west side of the most westerly wash, that ', will connect with Pima Farms Road, and a trail on the west property line of Continental Reserve. This will be a continuous trail system to the Saguaro National Park West. The trail plan has not been completed at this time, so more trails may be proposed. at a later date. Grant of Easement: • A Grant. of Easement has been agreed to by the owner/developer and Lazy K Bar Guest Ranch (LKB) for the exclusive use of the equestrian trail or trails within Block 4. This easement allows unlimited use for the owners, guests, patrons, agents,. employees and permittees of LKB for the trails and the land just adjacent to the trails. A Conservation. Easement, managed by a third party, will cover most of Block 4. A pedestrian trail, outside the Conservation Easement, will be built down the west side of the wash adjacent to Block 4. This trail will be used by the homeowners of Pima Farms Village, as well as the Public. Lands within the fenced conservation easement area will not be accessible to the public or the homeowners in Pima Farms Village. Archaeology An archaeological report from Old Pueblo Archaeology Center identified two archaeological sites on the property that would require surveying and mapping. Their plan has been accepted by Arizona State Museum, and the work is underway at this time. RECOMMENDATION: Planning Commission and staff recommend approval of PRV-03064, Pima Farms Village Preliminary Plat SUGGESTED MOTION: I move to approve Resolution. No. 2003-99. • U MARANA RESOLUTION N0.2003-99 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, APPROVING THE PRELIMINARY PLAT FOR PRV-03064, PIMA FARMS VILLAGE, SUBMITTED BY DIAMOND VENTURES, INC. FOR A 4-BLOCK PRELIMINARY PLAT ON APPROXIMATELY 156 ACRES LOCATED WITHIN THE PIMA FARMS S PECIFIC P LAN, L OCATED WEST OF SILVERBELL ROAD, BETWEEN TWIN PEAKS ROAD AND COACHLINE BOULEVARD, IN A PORTION OF SECTION 29, TOWNSHIP 12 SOUTH, RANGE 12 EAST. WHEREAS, the Preliminary Block Plat was heard by the Marana Planning and Zoning Commission August 20, 2003, and was forwarded with a recommendation of approval with recommended conditions; and WHEREAS, Diamond Ventures, Inc. is the owner of approximately 156 acres within the Pima Farms Specific Plan, generally located in a portion of Section 29, Township 12 South, Range 12 East, and has applied for approval of a Preliminary Block Plat for 4 blocks on approximately 156 acres; and WHEREAS, the Marana Town Council has heard from the representative(s) of the owners and staff, at the regular Town Council meeting, September 16, 2003 and has determined that the Preliminary Block Plat for PRV-03064 Pima Farms Village should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Preliminary Block Plat, submitted by Diamond Ventures, Inc. fora 4- blockplat on approximately 156 acres located west of Silverbell Road, between Twin Peaks Road and Coachline Boulevard be approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 16th day of September, 2003. ATTEST: Mayor BOBBY SUTTON JR. Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Resolution No. 2003-99 ~ ~'; ~ f:. ~ ~ _ ~ , _ ~~~-- ~`~ ~~ - -. -, ~~%~~ ~ -- iOWN OF MARANA Town Council Pima Farms Village CASE NO. PRV-03064 ,`, -; ~ l ~ ~ ,~ Continental Reserve Lazy K Bar Ranch -- ~ ~ ~, ~~` r~ ;mss I~ I ,i` '- )~ "~ , ~ ~;~~II ~ ~~ ~ , /'~ ~~ i;; r ~, ;, ~ (:~ ~~ 1 ~ ~. ~,~ ~'' ~ j~! ~~, ~s '~ ~ ~~ ~ ~ ~ ~~ ~ ,~ ,1 ~~ ~ ~,. i ~~ ~' I ~ ~~,~ a ~> ~~, ~ ~ ~I ~F ~ ~~- ~ ~ f ~ i~~:~~ REQUEST Request for approval of a Preliminary Block Plat on approx. 156 acres, located at the northeast corner of Pima Varms Road and N. 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