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Council Agenda Packet 07/06/2004
TOWN OF MARANA, ARIZONA COUNCIL MEETING AGENDA 13251 N. Lon Adams Road July 6, 2004 - 7:00 p.m. �, O Mayor Bobby Sutton, Jr. Vice Mayor Herb Kai Council Member Jim Blake Council Member Patti Comerford 6,a Council Member Tim Escobedo Council Member Ed Honea Council Member Carol McGorray Town Manager Mike Reuwsaat Welcome to this Marana Council Meeting. Regular Council Meetings are usually held the first and third Tuesday of each month at 7:00 p.m. at the Marana Town Hall, although the date or time may change, or Special Meetings may be called at other times and /or places. Contact Town Hall or watch for posted agendas for other meetings. This agenda may be revised up to 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 Marana and others attending our meetings, the Council Chamber is wheelchair and handicapped accessible. Any person who, by reason of any disability, is in need of special services as a result of their disability, such as assistive listening devices, agenda materials printed in Braille or large print, a signer for the hearing impaired, etc., will be accommodated. Such special services are available upon prior request, at least ten (10) working days prior to the Council Meeting. For a 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 no later than July 2, 2004 by 7:00 o'clock p.m., at the Marana Town Hall and at www.marana.com under Town Clerk, Minutes and Agendas. 1 TOWN OF MARANA, ARIZONA COUNCIL MEETING AGENDA 13251 N. Lon Adams Road July 6, 2004 - 7:00 p.m. I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. INVOCATION /MOMENT OF SILENCE IV. ROLL CALL V. APPROVAL OF AGENDA -I� C" > VI. ACCEPTANCE OF MINUTES ,(L + 8 Minutes of the May 25, 2004 Budget Study Session Minutes of the June 1, 2004 Study Session r #1K Minutes of the June 15, 2004 Study Session R4e, Minutes of June 15, 2004 Council Meeting Minutes of the June 24, 2004 Special Meeting VII. CALL TO THE PUBLIC — ANNOUNCEMENTS — INTRODUCTIONS UPCOMING EVENTS At this time, any member of the public is allowed to address the Town Council on any issue not already on tonight's agenda. The speaker may have up to three (3) minutes to speak. Any persons wishing to address the Council must complete a speaker card (located at the rear of the Council chambers) and deliver it to the Town Clerk prior to this agenda item being called. Pursuant to the Arizona Open Meeting Law, at the conclusion of Call to the Public, individual members of the Council may respond to criticism made by those who have addressed the Council, may ask staff to review the matter, or may ask that the matter be placed on a future agenda. VIII. STAFF REPORTS IX. GENERAL ORDER OF BUSINESS A. CONSENT AGENDA The consent agenda contains agenda items requiring action by the Council which are generally routine items not requiring council discussion. A single motion will approve all items on the consent agenda, including any resolutions or ordinances. A Council Member may remove any issue from the consent agenda, and that issue will be discussed and voted upon separately, immediately following the consent agenda. 1. Resolution No. 2004 -88: Relating to the Court; Approving the appointment of magistrates pro tempore and civil traffic hearing officers (Joe Teta) 2. Resolution No. 2004 -89 Relating to Agreements; Approving an Intergovernmental Agreement between Town of Marana and the State of Arizona Department of Transportation (ADOT) for the design and construction by ADOT of an improved eastbound on -ramp at Cortaro Road and I -10 (Harvey Gill) 2 TOWN OF MARANA, ARIZONA COUNCIL MEETING AGENDA 13251 N. Lon Adams Road July 6, 2004 - 7:00 p.m. 3. Discussion /Action: Relating to Employment for Seniors; Approving a request for $5,000 to partially fund a new non - profit program called Employment Opportunities For Seniors (Jane Howell) 4. Resolution No. 2004 -94: Relating to Subdivisions; Approving a Final Plat for Continental Reserve Block 15 (Kevin Kish) 5. Resolution No. 2004 -92 Relating to Subdivisions; Approving a Final Plat for Continental Reserve Block 16A (Kevin Kish) 6. Resolution No. 2004 -93 Relating to Subdivisions; Approving a Final Plat for Continental Reserve Block 16B (Kevin Kish) 7. Resolution No. 2004 -90 Relating to Subdivisions; Approving a Final Plat Resubdivision for Safeway Store #1749 Lot 6 (Kevin Kish) 8. Discussion /Action: Relating to Davis Monthan AFB; Approving a financial contribution in support of DM's survival (Mike Reuwsaat/Dick Gear) 9. Discussion/Action: Relating to Housing; Self -Help Housing Program — Commitment Letter (Dick Gear) 10. Resolution No. 2004 -97 Relating to Boards, Committees and Commissions; Approving the appointments of Marsha Johnson and Doren Sears to the Marana Business Advisory Committee (BAC) (Roy Cuaron) B. COUNCIL ACTION 1. Public Hearing. Ordinance No. 2004.16 Relating to the privilege license tax; „ A Amending the town tax code by increasing the tax rate on certain activities by one ,y (� ' half cent for regional roadway improvements (Jim DeGrood) � 2. Public Hearing. West Neighbors Revised Annexation: Relating to annexation; Consideration of the Town of Marana's desire to annex approximately 112 acres in the vicinity of the Saguaro Ranch project. This property lies within Sections 20 and 29, Township 11 South, Range 13 East, Gila and Salt River Meridian (Dick Gear) 3. Ordinance No. 2004.15: South Neighbors Annexation Relating to Annexation; Extending and increasing the corporate limits of the Town of Marana, Arizona, pursuant to A.R.S. § 9 -471 by annexing that territory known as South Neighbors Annexation (Dick Gear) �y 4. Public Hearing. Resolution No. 2004 -95 Relating to Subdivisions; Approving a Preliminary Plat for Rancho Marana 154 (Kevin Kish) 5. Resolution No. 2004 -87 Relating to Municipal Court; Approving the reappointment of James R. West as Marana Town Magistrate for a four -year term beginning July 1, 2004, and declaring an emergency (Frank Cassidy) 3 TOWN OF MARANA, ARIZONA COUNCIL MEETING AGENDA 13251 N. Lon Adams Road July 6, 2004 - 7:00 p.m. 6. Discussion/Direction: Relating to Personnel; Discussion and consideration of a proposed amendment to the Town's Personnel Policies Manual, revising Policy 5 -6 "PROBLEM RESOLUTION" (Mike Reuwsaat) 7. esolution No. 2004 -96: Relating to a resolution of the Town Council of the Town of Marana, Arizona, authorizing the execution and delivery of a third supplement to amended and restated town lease and Series 1992 town lease, a letter of representation to bond purchase contract and a Series 2004 continuing disclosure agreement; approving the execution and delivery by Town of Marana Municipal Property Corporation of such third supplement to amended and restated town lease and Series 1992 town lease, a Series 2004 supplemental trust indenture, an escrow trust agreement, a financial guaranty or related agreement necessary for credit enhancement and a bond purchase contract; approving an official statement; approving the issuance of not to exceed $10,000,000 aggregate principal amount of Town of Marana municipal property corporation municipal facilities revenue bonds, Series 2004; delegating to the Manager of the Town of Marana, Arizona, and in his absence, the Finance Director of the Town of Marana Arizona, the authority to determine various terms with respect to the bonds and certain matters with respect to certain bonds to be refunded with the proceeds of the sale thereof; providing for the transfer of certain moneys for the payment thereof and making certain covenants and agreements with respect thereto; authorizing the taking of all other actions necessary to the consummation of the transactions contemplated by this resolution and declaring an emergency (Roy Cuaron). 8. Resolution No. 2004 -91 Relating to Commercial Development; Approving a Development Plan for The Shoppes @ Arizona Pavilions (Kevin Kish) 9. Resolution No. 2004 -98 Relating to Development; Approving and authorizing the execution of a development agreement regarding the Tangerine Crossing ue development project, and declaring an emergency (Frank Cassidy) C. MAYOR AND COUNCIL'S REPORT D. MANAGERS' REPORT X. FUTURE AGENDA ITEMS XI. ADJOURNMENT Bobby Sutton, Jr., Mayor 4 �ARANA Voting Checklist for Mayor and Council Meeting Date) TO: Cheryl Hall Holly Orloff Myrlene Francis Agenda Item Approved # of # of Comments Denied Aye Nay Continued Votes Votes • �JD� -� 4 o � d o� H: \Lynn \Clerk Forms & Information \Voting Checklist for Council.doc 05/20/04 NIARANA TOWN COUNCIL MEETING Public Attendees DATE: — Name Address Tb s 4,1. U 3 C� Zew6 2z C z/ Z T L 5�� f2 kk Z Y L A I V Q 'S - -74 .S A WAb,,#JCj6 C ! %I �� /�'S7y MARANA TOWN COUNCIL MEETING Public Attendees DATE: dw t( Name Address adz( L . FL-0, 3 3 aw PL S �/ T-e 4-0� -e S A/ S -tl.o -� , Cam,os.1 L- rvi n t,-,,NC iz t _ 2 s 6/30/2004 4:32 PM FROM: 5207438699 TO: 6829026 PAGE: 002 OF 003 Diane; Following is the information I have on Mayor Gade and her city. Thank you for your courtesy in this arrangement, Eloise Ms. Louise GADE Mayor Country: Denmark Concurrent Positions: Junior Partner, Lokdam, Kj ellund and Knudsen law fum Previous Position: Member of Aarhus City Council for the "Venestre Group" Academic Training: Master of Law, Aarhus University, 1997 Memberships: Ventre Party Publications: Several political speeches and op-eds Personal Data Born: January 1, 1972; Thyhohn, Denmark Languages: English, Danish Travel: Europe, The United States Mailing Address: City Hall DK -8000 Aarhus Denmark Telephone: 45- 89- 40 -22 -35 Arhus, also spelled Aarhus, is the principal 1• port and bishop seat of its area of Denmark on the east coast of Jutland It is the second largest city in the kingdom, and capital of the amt (county) of Arhus The municipality of Arhus has 291,258 inhabitants (2003), of which 220,217 (2003) live in the city itself. The district is low - lying, fertile and well wooded. The town is the junction of raihvays from all parts of the country. To the southwest (13 miles by rail), a picturesque region extends west from the railway junction of SkanderborQ, including several lakes through which flows the Gudena the largest river in Denmark, and rising ground exceeding 500 feet in the Himme.Ibierget The railway 6/30/2004 4:32 PM FROM: 5207438699 TO: 6829026 PAGE: 003 OF 003 traverses this pleasant district of moorland and wood to Silkehorg, a modern town having one of the most attractive situations in the kingdom. The harbour is good and safe, and agricultural produce is exported, while coal and iron are among the chief imports. The bishopric of Arhus dates at least from 951. Arhus' 13th century cathedral is the largest church in Denmark. One major tourist attraction in Arhus is The Old Town ( Danish : Den Gamle By), a collection of old buildings from Danish history. The mayor of Arhus is Louise Gade from Venstre Arhus is the home of University, of Aarhus. 6/30/2004 4:32 PM FROM: 5207438699 TO: 6829026 PAGE: 001 OF 003 • • • • • • • To: Diane Fax number: 6829026 From: Eloise Brown Fax number: 5207438966 Business phone: Home phone: 520 743 8701 Date & Time: 6/30/2004 4:32:50 PM Pages: 3 _ Re: Mayor from Denmark 1/ s jdZ�� { t MINUTES OF BUDGET STUDY SESSION MARANA TOWN HALL MAY 25, 2004 PLACE AND DATE Marana Town Hall, May 24, 2004 I. CALL TO ORDER By Vice Mayor Kai at 5:41 p.m. ROLL CALL COUNCIL Bobby Sutton, Jr. Mayor Excused Herb Kai Vice Mayor Present Jim Blake Council Member Present Patti Comerford Council Member Excused Tim Escobedo Council Member Present Ed Honea Council Member Present Carol McGorray Council Member Present STAFF Mike Reuwsaat Town Manager Present Jaret Barr Interim Development Services Admin. Present Frank Cassidy Town Attorney Present Lynn Warde Documents Coordinator Present Jim DeGrood Executive Asst. to the Town Manager Present Roy Cuaron Finance Director Present II. GENERAL ORDER OF BUSINESS 1. Executive Session Pursuant to A.R.S. § 38431.03(A)(1) to conduct interviews with applicants for the Planning and Zoning Commission (Frank Cassidy) Upon motion by Council Member Escobedo, seconded by Council Member McGorray, unanimous approval to go into executive session was given. The time was 5:43 p.m. Vice Mayor Kai reconvened the study session at 5:50 p.m. with all attending Council Members present and seated on the dais. 1 MINUTES OF BUDGET STUDY SESSION MARANA TOWN HALL MAY 25, 2004 2. Discussion of the Town's FY 04 -05 Budget (Roy Cuaron Mr. Reuwsaat began the study session and summarized the budget preparation process. He commented about the Town's historical growth perspective and revenue and expense streams as well as examining the challenges being encountered with the tentative budget. He noted that, per the Council's direction, the challenge was to develop the upcoming budget and future budgets so that the operating revenues and expenses covered each other. He added that the proposed budget was aggressive in some areas, particularly with building and development fees, because it was expected that the northwest area would develop rapidly over the next few years. He said that additional efforts would be made to recover lost revenues that had not been collected in the past. Roy Cuaron addressed the Council regarding the proposed budget and used a slide presentation to supplement the distributed backup materials. He described the revenue forecast and said that there was an increase of $897,000, or 7 %, in the general fund sales tax monies. He said that the total state - shared revenue estimation was up approximately 4.15% and that building and development fees were expected to increase by 24% or $700,000. He said that part of that increase was predicated on the fact that Council would be asked to adopt a fee schedule more closely aligned with the surrounding municipalities. He pointed out that the Town's fee structure was found to be about 25% to 40% below neighboring jurisdictions. Mr. Reuwsaat commented that the development fee structure was adopted in 1995 and that the structure needed to be examined so that the costs of development were recouped in the planning process. Mr. Cuaron continued by saying that there were no other increases in permits, licenses, and fees categories except an anticipated decrease in investment income because of a decline in the fund reserve and an increase in the interest rates. Council Member Escobedo inquired about the business license fee structure and how it compared to other cities and towns. Mr. Reuwsaat replied that this was one of the areas that needed examination as well as the park fee structures. 2 MINUTES OF BUDGET STUDY SESSION MARANA TOWN HALL MAY 25, 2004 Mr. Reuwsaat said that the staff had increased the aggregate business license fee by $60,000 in order to account for the revenue received from the two sand and gravel operations during this fiscal year. He remarked that part of the Council's commitment to the sand and gravel businesses was to hire a code enforcement officer to keep the aggregate operations on par with each other. Mr. Cuaron stated that general fund recurring revenues were expected to increase by $1.6M from FY 2003, mostly due to sales tax and building and development fees. He pointed out that the Town was becoming more and more reliant on construction and development activity for its fiscal well being. He said that the non - recurring revenues were expected to drop $23M due to items not carried forward from last year's budget. He said it was important to note that there were a significant amount of court fines and fees that were not being collected. He explained that approximately $1.25M in outstanding fines and fees had been referred to an outside collection agency and that other monies were also being collected in- house. He recommended that a collections specialist be placed in the court administration and that the lost monies be addressed. Mr. Reuwsaat said that this type of debt due was fairly common. He confirmed that it was a one -time revenue but it was money due on a recurring basis. He agreed with the finance director that a collections specialist was needed in the court administration. Vice Mayor Kai asked how the delinquent court fines and fees were handled. Mr. Reuwsaat replied that an outside company performed the collection service for the Town. He indicated that it was wise to give an extra effort to collect outstanding fees every three to four years. He mentioned that he and Mr. Cuaron were working with the court on adjusting the fines structure. Mr. Cuaron continued by focusing on the sales tax aspect of the general funds. He explained that a 7% increase was expected over FY 04 and that sales tax accounted for 57% of general fund revenues and 62% of recurring revenues within the general fund. He said that the total sales tax revenues, including the construction component, accounted for approximately 80% of the Town's general fund revenues. He pointed out that the two biggest industry groups were retail trade and construction. 3 MINUTES OF BUDGET STUDY SESSION MARANA TOWN HALL MAY 25, 2004 o He said that retail trade was expected to increase by 8% with the addition of the Lowe's store and that a moderate figure of 5% had been forecast as an increase in the construction category. Mr. Cuaron said that all industry groups were projected to increase approximately 3% with the exception of construction, retail trade, restaurant and bars, and the lodging industry. He described the State - shared revenue estimates to be around a 4% increase. He said that the building and development fees were increasing by 24% over FY 04. He said that the single - family residential market remained strong. He stated that there were no increases in the court fines and fees category as the department was not expected to meet its projected budget figure. He said that an amnesty program consistent with the State statute provision would be offered in the near future. Mr. Reuwsaat explained that if an amnesty program was begun immediately, in lieu of the State's legislative change for a one year period, any increase in the court revenues from collections for this fiscal year would go to the State. He said that the Town would not see any of those monies and that this was the reason the program was not being instituted at this time. He explained that the program was being recommended for next fiscal year. Mr. Cuaron continued by describing the breakdown of other miscellaneous fees and incomes and added that the Council had been very clear on what services the cash reserves could be utilized for, one -time non - recurring capital expenditures. He noted that historically the cash reserves had been used to fund parks projects and that the FY 05 budget included $825,000 for parks improvement projects. He said that the budget projections showed $2.2M in general fund reserves which included $1.9M for the Municipal Complex. Council Member Honea inquired about the original estimations for the municipal complex. Mr. Cuaron replied that the new building costs were $20M in total and that included the transportation funding as well. He pointed out that the transportation fund had continued to increase over the years and was currently estimated at $3.5 - $4M. He commented that the budget being presented would deplete the transportation fund reserve but that there would be several adjustments made to the CIP estimations, with one being the $1.2M being returned from the Tangerine Road project. He said that the transportation fund portion, which was not included in the $12M figure, would rise to approximately $13M. He emphasized that the $12M was strictly general fund reserve. 4 MINUTES OF BUDGET STUDY SESSION MARANA TOWN HALL MAY 25, 2004 Council Member Honea said that this was an alarming feature to him and that he felt the general fund reserve needed to stay constant. He pointed out that the Town had depleted about 40% of its cash reserves over the last few years. Mr. Reuwsaat responded that this was why such stringent restraints on the proposed budget had been required: He said that from this budget year forward, the various categories would be individually broken out and more clearly illustrated so that the general fund reserve could be monitored separately from transportation related impact fees and construction sales tax. He said that the two most important directions staff would be working on was a 5 -year CIP program that identified actual revenues and projects over a 5 -year program. He indicated that future decisions regarding CIP projects would directly relate to actual revenues and future revenues. Council Member Honea continued inquiring about different projections associated with the municipal complex. Mr. Cuaron pointed out that the project had changed dramatically in scope over the years. He said that when the Town Council originally adopted the concept of the municipal complex, that the cost projection had been approximately $4M but that this figure was now up to $6M. Council Member Honea pointed out that this estimation was a 50% increase in the original projection. He said that it was a beautiful project but that it was a ,cancer eating the Town's general fund. He said that the Town was going to lose $140,000 per year because those monies would not be available as investment income drawing interest. Mr. Reuwsaat said that some of the costs were not just the new building but included the entire infrastructure for the Town center. He said that he strongly agreed that the general fund reserves needed to be preserved and rebuilt. He stated that this was the driving force behind the stringent restrictions on the proposed budget. Mr. Cuaron agreed that over the last several years the general fund reserve had diminished but said that the Town was still in good shape. He noted that the Town ought to implement some measures to increase recurring revenues or decrease operating expenditures. s t. k MINUTES OF BUDGET STUDY SESSION MARANA TOWN HALL MAY 25, 2004 He said that the trend over the last few years was that the expenditures had grown at a greater rate than the operating revenues. He said that by taking the average growth rate of the unadjusted recurring revenues and the unadjusted operating expenditures, operating revenues were growing at a 6% rate and operating expenditures were growing at approximately 9 %. He indicated that he did not think the recurring revenues, particularly the sales tax, would keep pace with the growth that the Town would experience over the next few years. He said that additional general fund recurring revenues needed to be considered or a cutback on expenditures was in line. Mr. Reuwsaat commented that this was the very reason this year's budget had been prepared to level out the gaps between monies coming into the coffers and monies being spent. He said that he was well aware that the growth chart predictions were unacceptable. Mr. Barr stated that he agreed with the Finance Director's assumptions but added that the State - shared revenues had not been factored into the equation. He commented that those monies were estimated at around $2M annually. Mr. Cuaron continued his presentation by reviewing the Towri s special revenues which included the transportation fund, enterprise funds, bond funds, and grant funding. He noted that these monies could only be utilized for their particular areas where applicable. Mr. Reuwsaat spoke briefly about staffing. He pointed out that each department head had been very prudent if new staff positions were needed. He commented that each new position had to be supported by revenues or be evident that -it was a necessary position, from a service standpoint, after moving into the new municipal complex. He gave a quick overview of the added positions. The Town Manager continued by focusing on the CIP program. He explained that one of the differences in the past CIP projections and the new 5 -year CIP projections would be the cost breakouts identifying specific areas such as operational costs, personnel costs, equipment costs, and special projects. The remainder of the study session included general discussion of a variety of topics including vehicle replacement estimations, employee benefits costs, and outside commitments such as dues. 6 a r MINUTES OF BUDGET STUDY SESSION MARANA TOWN HALL MAY 25, 2004 XI. ADJOURNMENT Upon motion by Council Member Blake, seconded by Council Member Escobedo, approval to adjourn was unanimous. The time was 7:40 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council study session held on May 24, 2004. I further certify that a quorum was present. Lynn Warde, Documents Coordinator for the Town Clerk t ROUNDABOUT STUDY SESSION MARANA TOWN HALL 13251 N. LON ADAMS ROAD JUNE 1, 2004,5:30 p.m. PLACE AND DATE Marana Town Hall, June 1, 2004 I. CALL TO ORDER By Vice Mayor Kai at 5:40 p.m. The study session was held, and roll call was taken. Mayor Sutton and Council Member Comerford were excused. All other Council Members were present and seated at the dais. Senior staff and Town consultants present were Mike Reuwsaat, Jaret Barr, Fernando Prol, Monica Moxley and Jocelyn Bronson. II. GENERAL ORDER OF BUSINESS 1. Study Session: Presentation and Discussion of Proposed Roundabouts in the Town (Fernando Prol and Monica Moxley) Mr. Reuwsaat began the study session and stated that Fernando Prol would give a presentation on roundabouts. In the Northwest Area Plan, one of the options given to developers in the Northwest area was the option of using roundabouts. The staff has some concern about the use of those in terms of location and their particular use as is currently being proposed by some of the first developments coming in for consideration in the Northwest area. Because it's something new and not currently in Marana, we thought that a workshop would be in order so the concept could be forwarded and we could talk about the implications of allowing or not allowing roundabouts in the community. Staff can then forward on a policy We haven't developed one, but we thought it was important enough to spend some time with you, go over the presentation, take questions, and then give us some direction as to where we go from there. Mr. Prol gave a presentation regarding modern roundabouts and their use. He feels this issue is very relevant right now for the Town for several reasons. Number one, the use of roundabouts is becoming very popular throughout the United States, and a lot of jurisdictions are using them for a variety of reasons. Second, and most importantly for the Town, at this time we have four planned roundabouts on town streets. Three are shown on a slide. Mr. Prol said two roundabouts are planned to be installed as part of the roadway improvements for Vanderbilt Farms Project, one on Clark Farms Boulevard and Lon Adams, and the other one at Clark Farms and Civic Center Drive. Other planned roundabouts will be with the roadway improvement for the Town Center roadway and by parcels 56 and 57, which is by Silverbell Road and Cortaro Road where the Library and the new district park will be. Mr. Prol felt that this would be an 41 opportune time to make this presentation on roundabouts. 1 ROUNDABOUT STUDY SESSION MARANA TOWN HALL 13251 N. LON ADAMS ROAD JUNE 1, 2004, 5:30 p.m. Mr. Prol distinguished between the three different types of circular intersections. One is the residential traffic circle, which is shown in the slide. Another one is the old rotary. And finally, there is the modern roundabout, which is the focus of the presentation. Mr. Prol explained that residential traffic circles have become very popular because they are used for the purpose of traffic calming. Traffic calming is the trendy word for slowing speeders down on residential streets. Residential traffic circles are normally installed on residential streets at low- volume intersections. Usually to control at those intersections are stop signs on either two of the streets or on all four of the streets. One of the interesting things about the residential traffic circles is that most of the time, left turns are allowed in front of the circle as opposed to the rotaries and roundabouts. The example that he showed had a sign that tells you to go around the circle, but that is atypical for traffic circles. He went on to explain that these traffic circles are usually used in a series, usually put down two, three, four or more, about five to seven hundred feet apart. That is the best way to slow motorists down on a residential street over a long section of road. As far as residential traffic circles are concerned, he stated that the traffic engineering division has been working on developing a neighborhood management program, which will be proposing the use of residential circles, speed humps, and other measures to be proactive in addressing speeding and cut - through traffic in our neighborhoods. A neighborhood traffic management traffic program could be the subject of another presentation. The second circular intersection Mr. Prol talked about was the old rotaries. They are the largest of all the circular intersections. The first one was built in 1905 in New York. After that one was built, they became very popular. Many American cities started using them, especially along the East coast. Mr. Prol being from the Washington, D.C. area said that every time they would drive down town, they had to go through major rotaries that were a headache to drive through. He said a lot of people do not like the old rotaries. They are becoming very unpopular. As a matter of fact, a lot of jurisdictions are getting rid of them as we speak, he said. Mr. Prol further explained that one of the main features of the old rotaries is that the entering traffic has the right -of -way when one enters the circular area. Circulating traffic has to stop when entering traffic enters. That means that the circulating traffic often locks up, which was depicted in the example photograph of an old rotary in Madrid, Spain. The entering traffic, also, does not have to slow down, because the entry roadways are almost in a straight line; there is no deflection. All of those things put together, with the entering traffic having the right -of -way and entering at high 41 speeds, there is a high potential for accidents. He stated that over the years the traffic 2 ROUNDABOUT STUDY SESSION MARANA TOWN HALL 13251 N. LON ADAMS ROAD JUNE 1, 2004,5:30 p.m. volumes have increased in our cities, and these intersections have become more and more dangerous and more and more unpopular. They are being removed throughout the U.S. and elsewhere. They are larger than modern roundabouts and by far the largest of the circular intersections. They take up a lot of right -of -way. Again, they are being removed throughout the U.S. and elsewhere. He said he knew that New Jersey has a program where they are getting rid of all their rotaries and replacing them with either modern roundabouts or traffic signals. Mr. Prol went on to explain the difference between the modern roundabout and the old rotary. He said that in 1966, in order to rectify the problems caused by rotaries, the first roundabout was built in England. What was innovative about the modern ? roundabout, and still is, is that the entering traffic now yields to circulating traffic so . that the whole operation and control issue has changed. He explained that circulating traffic, therefore, always keeps moving. Also the entering traffic has to slow down to do what is called deflection. { He explained that deflection is the redirection of vehicles from their normal, straight r i` path and that this is brought about by the entry radius and by the island so that the deflection slows traffic down. Again, he explained, that type of operation, the yielding traffic yielding to the circulating traffic and the entering traffic, has greatly reduced the potential for accidents at modern roundabouts. They are smaller than rotaries, as he previously explained, and they are becoming extremely popular throughout the country. He went on to focus on the modern roundabouts and their characteristics. Priority is given to the circulating traffic, so it always keeps moving. Yield signs are used for control to make sure that the entering traffic yields before entering the circular area. The deflection through this area slows the traffic down as it enters the roundabouts. One of the main innovations of the modern roundabouts are the splitter islands which k` serve several purposes. They keep motorists from turning left in front of the circular island. They slow down traffic by helping with the deflection. Most important, they help with pedestrian crossings, because pedestrians aren't supposed to cross across the circular area, he said. He explained they will cross at the narrower entry streets because that makes it safer for them. He further explained that modern roundabouts have a greater capacity than traffic signals or stop controls. Capacity, being difficult to define, basically means if you have two intersections with the same entering volumes and one has a traffic signal and one has a modern roundabout, motorists at the modern roundabout intersection will experience less delay. There would be less congestion. Modern roundabouts are safer than other types of controls such as signals and stop signs. 3 ROUNDABOUT STUDY SESSION MARANA TOWN HALL 13251 N. LON ADAMS ROAD JUNE 1, 2004,5:30 p.m. Mr. Prol �' P a resented graphic of how roundabouts are safer. In the exhibits he p presented, he explained that the one entitled Reduced Conflict Points shows the intersection with the conventional signal or stop control and then a roundabout. He said a conflict is defined as any location where two vehicles or a vehicle and a pedestrian or a bicyclist might meet. Using the exhibit, he pointed out there are thirty -two different conflict points. He explained that with the roundabout there are only eight conflict points, and he further explained that the reason for that is that there are only right turns with a roundabout. He noted that a recent study showed there are about 39 percent less overall accidents at roundabouts than at signalized intersections. He said roundabouts also experience 76 percent less injury -type accidents than signalized intersections. He explained that is obviously because there are not high- speed, right - angle, T -bone, head -on type accidents at roundabouts. He also stated that roundabouts experience about 90 percent less fatalities than signalized intersections. COUNCIL MEMBER HONEA: pointed out that the exhibit shows the conventional intersection and the roundabout intersection taking about the same amount of space, and asked if that was true, or if the roundabout actually takes up more room. Mr. Prol said a round about would take more space. COUNCIL MEMBER HONEA asked if they were close to the same amount of space. Mr. Prol said it depends on the intersection, but in most instances, yes, the roundabout will take up more space for what is called the inscribed circle within the intersection. COUNCIL MEMBER HONEA explained he meant to ask about more right -of -way, if there would have to be wider or bigger right -of -ways than the conventional intersection. Mr. Prol said, yes, the roundabout would take up more space within the round circular intersection. However, he went on to explain, a signalized intersection would need more right -of -way because there would need to be more lanes of approach. He explained that, for instance, a typical signalized intersection may have an exclusive left turn lane, a through lane or two through lanes, and a right turn lane, which is four lanes, whereas a roundabout only has one lane of approach. So with the roundabout more is needed for the circular; the signal more is needed for all the approaches, so it kind of evens out most of the time. VICE MAYOR KAI asked Fernando about the conventional versus the roundabout, 4 ROUNDABOUT STUDY SESSION MARANA TOWN HALL 13251 N. LON ADAMS ROAD JUNE 1, 2004, 5:30 p.m. what the maximum volume each one would handle in actual numbers. Mr. Prol said that typically a traffic signal before it starts failing, will handle about 24,000 vehicles per day. He explained that capacity is difficult to define, but that was a round figure. He said a one -lane roundabout would handle about 20,000 vehicles a day; a two -lane roundabout will handle about 40,000 vehicles a day. Mr. Prol went on to talk about the pros and cons of roundabouts. He started with saying the pros, again, are that they are safer than other types of control; they are less costly than traffic signals, and especially, they are less costly than traffic signals when considering the long term. With a traffic signal it would cost three to $4,000 per year in power, maintenance, replacement bulbs, replacing loop detectors in the roadway, video cameras and everything used for detection. He said the lifespan of a traffic signal is typically about 10 to 12 years, while for a roundabout it is about twenty -five years. He said the only maintenance on a roundabout would be curb repairs and possible landscaping costs and maintenance. He explained those are pros of roundabouts, along with community enhancement, providing communities with an opportunity for beautification and, also for traffic calming through certain areas. He went on to talk about the disadvantages of roundabouts by saying that they may be confusing to motorists, especially for motorists living in an area without a lot of roundabouts. He said studies have shown and his experience reflects that 68 percent of people surveyed were against a roundabout before it went in, but 76 were in favor of it after it went in. He explained that a lot of it was education and not being aware of exactly what's being put in and how it operates. He said a lot of people have rotaries in mind when they think about roundabouts. He said one major flaw or disadvantage if roundabouts is definitely slows down the major movement. He said if a roundabout is on an arterial road or a collector road, it is, basically, reverse engineering, whereas, the roadway was built to handle a certain amount of traffic at a certain speed and in trying to move traffic from point A to point B as quickly and as efficiently and as safely as possible, and now a roundabout is being put in, which is going to clog up the roadway a little bit and bring down its level of service as far as capacity, and it will definitely slow down emergency vehicles. He said he has experience with traffic- calming issues, and fire departments do not like the installation of roundabouts because it slows them down and they don't want anything in the roadway that will slow them down. He said they would rather have a signal that they can pre -empt. Next he discussed when to use roundabouts, and stated there are no warrants available for roundabouts, meaning using the manual and uniform traffic control devices, which have to be conformed with as far as state law is concerned. For instance, he said, before installing a traffic signal, a certain warrant has to be met, and certain volume thresholds have to be met. He said there has to be a certain amount of traffic 5 ROUNDABOUT STUDY SESSION MARANA TOWN HALL 13251 N. LON ADAMS ROAD JUNE 1, 2004, 5:30 p.m. on the main street and a certain amount of traffic on the minor street before it can be determined a signal needs to be installed. He said there are no such warrants for roundabouts, and that most jurisdictions install them in lieu of other types of control. You may have an intersection, for instance, that needs to signal warrants, but for aesthetic reasons or whatever you want to install a roundabout, maybe that is a location where a roundabout is installed. He said sometimes there might be a location or intersection that is experiencing a high number of traffic accidents but doesn't need the signal warrants, and that might be a good location for a roundabout. He said the same thing regarding capacity, that there might be an intersection that is experiencing a lot of congestion but doesn't need the signal warrants, that, again, would be a logical location for a roundabout. He said they can be used for traffic calming. Again, distinguishing between roundabouts and traffic circles, traffic circles can be used on residential streets and use roundabouts for calming on collector streets. He didn't recommend installing them on arterial roadways for traffic calming, saying that should not be done on an arterial roadway. For community enhancement, he said a lot of communities are installing roundabouts because they are great for gateways entering municipal complexes, entering commercial areas, residential neighborhoods, and it also provides an opportunity for landscaping. Giving an example of a gateway roundabout, Mr. Prol referred to the exhibit entitled Gateways, pointing out it is entering Avon Municipal Complex. He pointed out the exhibit has a statue in the middle, and is a very nice looking roundabout. He said a lot of people like roundabouts because quite a bit can be done with the landscaping on them, referring to the exhibit entitled Landscaping, stating also that he has seen some beautiful landscaping on roundabouts on the East Coast. The last example, he pointed out, is an example of both gateway and into possibly a commercial district and mature landscaping on the roundabout, pointing out it does provide an opportunity for beautification. COUNCIL MEMBER McGORRAY asked about bicyclists regarding whether there was more danger to this sort of intersection than a regular red light. Mr. Prol said it would be just the same as for pedestrians, and it would be a lot safer. He indicated on an exhibit where a shared bike path intersecting with one island, because it provides a shorter distance for them to cross, and they only need to look one way for traffic approaching from that direction, plus it provides a refuge area for them to stop in. He added that bicyclists love the roundabouts, without a doubt. MR. REUWSAAT stated that the entryway would be back, further away from the 6 ROUNDABOUT STUDY SESSION MARANA TOWN HALL 13251 N. LON ADAMS ROAD JUNE 1, 2004,5:30 p.m. roundabout than a traditional intersection, and Mr. Prol indicated that Y es, it would be. COUNCIL MEMBER ESCOBEDO stated that the pedestrian crossing is what would concern him because there is no light or signaling if someone is in the walkway. Especially if a car is in the roundabout, it is probably already speeding by the time the driver sees somebody, and he stated he was concerned with pedestrians, especially with as far back as the crossing is located. Mr. Prol said typically that one of the biggest reasons that the roundabouts were installed are because they are so pedestrian friendly, saying that, again, it is creating a shorter distance for pedestrians to cross, and they are provided with a refuge area. He said that from his experience and the literature he has read, they are very pedestrian friendly. COUNCIL MEMBER McGORRAY asked if there is a traditional designated speed limit for a roundabout. Mr. Prol said that typically roundabouts are entered from about 15 to 20 miles an hour, and that can be posted, depending on how much signing is being put up. He indicated on an exhibit where there might be a roundabout warning sign with a 15- mile -an -hour or 20- mile -an -hour advisory speed plate on it, so we do let motorists know. He said it's kind of difficult to enter a roundabout any faster than about 15 to 20 miles an hour because of the deflection caused by the island and the entry radius and the fact that they have to yield. VICE MAYOR KAI asked about large vans that come into the homes, and whether they could maneuver the roundabouts, or even farm equipment finding its way to the roundabout. Mr. Prol said that, first of all, they are designed for what is called a WB -50 truck, which is the largest truck. VICE MAYOR KAI asked if that was an 18- wheeler. Mr. Prol stated that it is. Using one of the exhibits, he stated that it depicts what is called a truck apron, which can be added, and will be added to our roundabouts. He said he was not aware if the Town Center one has it, because it has been a while in design, but that almost all the new ones that have been coming in, he is asking for the truck apron because that makes it even more comfortable for a truck to make the turn if they have to. COUNCIL MEMBER HONEA asked if the bicyclists use the inside like the truck 7 ROUNDABOUT STUDY SESSION MARANA TOWN HALL 13251 N. LON ADAMS ROAD JUNE 1, 2004,5:30 p.m. apron if p they were trying to go around, or if they use the outside of the roundabout. Mr. Prol said that a bicyclist would probably just use it as a car would. COUNCIL MEMBER HONEA asked if the center island becomes an attractive nuisance because of people in the area that-might be walking through there, stating he cannot see there being a grassy knoll out there, but rather maybe xeriscape or cacti and rocks or something like that, because he said he thinks that would be an attractive nuisance, even for the bicycle groups: "Hey, we'll meet in the center of the roundabout; then we'll all take off." Mr. Prol said that's why you need to be very careful of what is put in the roundabout. He said you wouldn't want to put any kind of statue or anything with names or anything on it that might attract people to come and look at it, so you need to be careful about that. COUNCIL MEMBER HONEA asked how big the area is. BOB ANDERSON stated that he came from the East Coast, spending 40 years in New Jersey. He said that was the first place he had encountered those, other than traveling internationally. He said that from the time he got there to when he subsequently left in `95, they had been trying to get rid of them. He said they had spent millions of dollars, and said they are the worst conception of traffic engineers, saying they are just awful. He said people in their vehicles cannot get from one street to the other. He said once people get in that roundabout, it becomes a little bit of a joke because people will not yield, so they do not let other guys coming in that want to get in. He said even if they just want to go to the first right turn, they will not let them go in, and they go around and around and around just to keep them from getting in. He said cars backed up in Summerville on Route 202 and Route 206. He said they backed up into the town of Summerville, which was eight miles from the roundabout. He said they finally corrected it by putting two bridges over it, one that connected to each of the roads. He said another major problem was the collection of garbage in the center, and that maintenance people would refuse to go in there. He said they would have to close down the whole roundabout for several hours, which became increasingly impractical. He said the garbage just collected there, paper, stuff, not just people littering, but just normal collection of very busy streets. MAYOR SUTTON said he would put Bob down as being an against. He then asked if — those sound more like rotaries, though. Mr. Prol said they did, and he covered that. COUNCIL MEMBER HONEA said because those on the East Coast are where the 8 ROUNDABOUT STUDY SESSION MARANA TOWN HALL 13251 N. LON ADAMS ROAD JUNE 1, 2004, 5:30 p.m. person in the circle p yields. Y BOB ANDERSON said, no, not in New Jersey. Mr. Prol said that he was not sure who yields to whom in New Jersey. BOB ANDERSON said that rule in New Jersey is if you are in, you have the right- of -way, not the entering cars. Mr. Prol said New Jersey was the state he had mentioned earlier that is getting rid of them because they are going to the modern roundabouts. In face, we had one photograph which showed the modern roundabout superimposed over the old rotary because that is what they were doing. They were replacing one with the other. BOB ANDERSON said he had an experience with the old one in Paris where he had gone `round and `round the Orchid Triangle for three hours. JARET BARR advised the Vice Mayor and members of the council that the rotaries that Mr. Anderson referred to are very prevalent on the East Coast, even though it is yield coming into the rotary, the way they were designed and the type of traffic flows that are coming into the rotaries have created virtual nightmares for any drivers. He said he could attest, coming from Massachusetts, that there is one near where Council Member McGorray and I used to live in Chelmsford that is the biggest nightmare. He said that he thought Mr. Prol was talking about is that there are problems with having these types of traffic calming measures around roads that are going to have a lot of cars on them. He said the reason Mr. Prol and Ms. Moxley were present was to try to educate the Council on what a roundabout is and how it can be used effectively, and how it can be used negatively, and the fact that there are developments coming in with rotaries already put on both collector and arterial roads. He said they just want to inform you on how they be used effectively and get a general understanding from you on how you want us to handle the developments as they come in. MAYOR SUTTON said that his idea is that they would not put this at Cortaro and Silverbell, to which Mr. Barr agreed. Mayor Sutton went on to say that it may be put at Coachline and Holmbrook or near the rec center or something, and Coachline is even an arterial. COUNCIL MEMBER BLAKE said they were not talking about putting this at Cortaro and Silverbell. JARET BARR said they were not talking personally about putting them anywhere, but that in the north Marana area, and I think Vanderbilt farms and as I have heard from some people in the Monterey 154, what they are wondering if they are going on 9 ROUNDABOUT STUDY SESSION MARANA TOWN HALL 13251 N. LON ADAMS ROAD JUNE 1, 2004, 5:30 p.m. this road like Clark Farms Road, oad, ow they are going to work and what the Council and town staff wants to see in them if they are going to happen. Mr. Barr said they just wanted to bring this as an informational item with no action, just for general: discussion, including Mr. Anderson's points, which he thought were well founded. Mr. Prol said that we needed to emphasize- that what was being focused on are one - lane roundabouts, mostly for collector roadways. He said they were not emphasizing or promoting multi -lane roundabouts being put on arterials. He said that most of the time the advantages are lost that is gained by having a roundabout, because all of a sudden it is a more complex -type of operation with two lanes entering at higher speeds, because you can't have the same deflection. He said if you are going to have an arterial roadway, you might as well put traffic signals that are coordinated. He said arterial roadways are to move traffic. He said he thought that roundabouts is a } tremendous tool for use for collector roadways. F MAYOR SUTTON asked if there are any examples that are in communities, because it is hard to get off - center and change things and do things different without examples k or visuals. �. E Mr. Prol said he didn't mind Mayor Sutton's example of Coachline. MAYOR SUTTON said that if there was something to look out if developments are doing them and even on the collectors on the inside of the developments themselves, because he said we are not going to see this on arterial roads, because we have enough traffic problems as it is and that they were not trying to slow the capacity or calm the traffic. He said the traffic areas where we have had problems, we have other issues to deal with, and we are not going to slow that down or make the cues a mile long like we were talking about. Mr. Prol said that he thought roadways such as Coachline, such as we probably expect Clark Farms Boulevard to be, which are going to be collector roadways going through residential neighborhoods where you may not have homes fronting the roadway, but there are homes backing on the roadway, a lot of pedestrian activity, a lot of parks; Coachline has the swimming pool. He said those are locations that might be ideal for the roundabouts. COUNCIL MEMBER ESCOBEDO said he saw a lot of traffic on Clark Farms with Barnett. COUNCIL MEMBER BLAKE asked if a traffic study had been done on Coachline, particularly during rush hour. Mr. Prol said he imagined there was a fairly high volume of traffic. 10 ROUNDABOUT STUDY SESSION MARANA TOWN HALL 13251 N. LON ADAMS ROAD JUNE 1, 2004, 5:30 p.m. COUNCIL MEMBER BLAKE said you would not want a roundabout on Coachline during rush hour, morning or evening, I guarantee you. MAYOR SUTTON said he had just used it as an example. Mr. Prol said the would have to do an traffic engineering study to justify such an installation. COUNCIL MEMBER McGORRAY said she could see the strategy on Clark Farms Boulevard. She said if you are coming from Tangerine, and Carl has had problems in his neighborhood, maybe it would be just enough to slow people down. She went on to say another advantage for off -time not rush -time traffic is one way you can just keep going without having to stop and start again, so you kind of have the continuity of old Marana where you can, basically, get around without stopping and starting. She said she could see an advantage that way, depending upon the traffic volume. COUNCIL MEMBER ESCOBEDO said people are going to be using Clark Farm to get to Town Hall. Having all your employees, Town Hall is going to be the centralized location, and there will be a lot of traffic going in and out. He said the easiest means of arriving at Town Hall would be down Clark Farm because Barnett is no longer there. He said he thinks there is going to be more traffic in that area. MAYOR SUTTON said employees driving to Town Hall would not even show up on a traffic report because it is a very small number of trips. COUNCIL MEMBER BLAKE said but you have to also consider the fact that, in this general area, will be the highest density of homes, so there will be more traffic with more density. MAYOR SUTTON asked if there were any other questions. MR.REUWSAAT asked about traffic circles, saying that Tucson was increasingly using traffic circles when going back into the neighborhoods as a traffic calming. MAYOR SUTTON asked what a traffic circle is. MR. REUWSAAT said it is the smaller version in a residential area. COUNCIL MEMBER McGORRAY said there is one in Tucson National and that you can make a left and go around or just go straight across. MR. REUWSAAT said when he went through a five -block area from Ace Hardware 11 ROUNDABOUT STUDY SESSION MARANA TOWN HALL 13251 N. LON ADAMS ROAD JUNE 1, 2004,5:30 p.m. to his daughter's house , there are three traffic circles in the residential area. COUNCIL MEMBER ESCOBEDO said in South Tucson, near the rodeo grounds, if go one street over, you have them every intersection. MR. REUWSAAT said it is very residential and what is does is just keeps him from speeding through the neighborhood, because when he gets to the corner, then he has to slow down around it, which, for me, is a different concept. Do you put higher -end traffic volumes that would be acceptable on a roundabout. He said, let's say Clark Farms corner. If you said it is only good till 24,000, you know that the capacity of that street will be 24,000, would you recommend to go ahead and put a traffic roundabout in that; or do we know that at least for the last 5,000 or 7,000 or 10,000 cars you are going to start to get frustration? Mr. Prol said that the projection they have as of now for Clark Farms are that both of those roundabouts will operate at a level of service till 2030. That's from Curt Lueck's study. MAYOR SUTTON Mike, like you were just saying, my whole idea for looking at this is we get all the calls for people speeding on Palm Brook and Maple Ridge, do they just get off of Coachline and go as fast as they can to their house? We put motorcycle cops, and do all kind of stuff out there. He said these are not traffic controls, just people getting the last 500 yards of their trip, but they are doing 50 where they should be doing 25. He said if something like that was planned into residential, interior, if we get too much traffic, and like Carol said people are used to getting around out here, I don't want to put obstructions in people's way that live out here; but if we could plan better on the inner parts of a community, it would erase some of the headache that we know we're dealing with now. He said if we could go into Continental Ranch and place several roundabouts, which will not be done with easements and people owning homes and stuff, there are a few areas where it would, absolutely, be a great think for the community. Mr. Prol said we were talking earlier about the neighborhood traffic management program that we are putting together, and traffic circles is one of the things we will be looking at and, also, speed humps. He said the flat -top speed humps are very popular back East. UNIDENTIFIED said he is a resident of Continental Reserve but also a traffic engineer and I want to compliment one thing that Fernando said. You would not want to put it on an arterial road, but another thing is you do not want to put them where there is a prevalent major movement and a minor movement. If both volumes are similar, then it works much better. He said a couple of examples were Hartman and Linda Vista, or maybe the area where Wade Road connects to that Pima Farms or 12 ROUNDABOUT STUDY SESSION MARANA TOWN HALL 13251 N. LON ADAMS ROAD JUNE 1, 2004,5:30 p.m. comes out Continental Circle. . Mayor Sutton asked if there was anything further, stating there was another meeting starting in a little bit. III. ADJOURNMENT The Mayor adjourned the meeting. The time was 6:20 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Roundabout Study Session held on June 1, 2004. I further certify that a quorum was present. Jocelyn Bronson, Town Clerk • 13 t t MINUTES OF HERITAGE MUSEUM AND COMMUNICATION TOWER STUDY SESSION MARANA TOWN HALL JUNE 15, 2004 PLACE AND DATE Marana Town Hall, June 15, 2004 I. CALL TO ORDER By Council Member Honea at 5:04 p.m. Council Member Honea noted Vice Mayor Herb Kai was not present. All other Council Members were present and seated at the dais. Senior staff and Town consultants in attendance included Mike Reuwsaat, Anthony Cassella, and Jocelyn Bronson. II. GENERAL ORDER OF BUSINESS 1. Study Session: Discussion of Producer's Cotton Gin Building and the Communication Tower for the new Municipal Complex Council Member Honea began the study session by turning it over to Town Manager Reuwsaat for presentation of the Producer's Cotton Gin building. MR. REUWSAAT When the Council began establishing its motto and vision for the Town of Marana, it has never forgotten where it came from. As a result, the motto has gone from "Come Grow With Us" to "Inspired by the Past and Committed to the Future." Part of the effort and the vision the Council adopted through that statement has been carried through to a number of items, activities, thoughts, philosophies, directions, and specific projects now in the Town so that the past that has inspired us is part of the future because of the commitment to put in the resources to remember that, to rebuild that, to collect the activities, the history and so forth, for future generations of Marana. About a year ago, as part of that process, the Council approved the Culture and Heritage Commission, which has several functions. One of the functions is to look at sites as they come in, development plans that might have historic or cultural sites on them that have to do some type of mitigation plan and review the mitigation plans from staff. That commission was five citizens appointed by the Council, and a larger part of what the commission was set up for was to begin to collect information, identify the value, and make recommendations towards maintaining the historic values in the community. The second and more tangible effort was the establishment and the Cultural and Heritage Park that is being developed on the Santa Cruz is part of an overall 240 -acre Santa Cruz River Park site. The Town Council has approved a lease where the improvements were purchased from Dan Post, who has the current lease, and then went into a lease agreement with State land for that site. As an extension of that, r 1 MINUTES OF HERITAGE MUSEUM AND COMMUNICATION TOWER STUDY SESSION MARANA TOWN HALL JUNE 15, 2004 there has been two presentations where Aspen Environmental was hired to do a concept plan, which was presented to the parks committee and then to Council and was approved. He said this is a larger picture of the site which includes the Glenn Farm site up to the Marsh Farm, which is the cultural and historic park site. Further evidence of the Council's commitment to the Heritage Park and the development of that was that in the negotiations with Glenn Farms, one of the assets the Town gained in that negotiation was the extension of the Glenn Farms Road, through the subdivision, down to that site, which the utility extensions and the road down to that site will be completed by the end of this year, with an extension from that park site all the way around to the Glenn Park site that will be built in Phase II Glenn Farms. The lots in Glen Farms are selling rapidly. Another part of the evidence toward the Heritage Park was to renovate the farm home there into a public facility. The Heritage committee, consisting of three Council members and about twelve department heads and staff, is meeting weekly on this house and site and renovating it into the future home for the Marana Arts Council. The goal is July 1st, but a more realistic goal is September 1st to have the building open and running for the Marana Arts Council. This is the first tangible project on site, with the road coming down from Glenn Farms, taking in parking so that there is parking for this building and future buildings on that site, because the concept plan from Aspen Environmental shows the possibility of three or four buildings as needed, and to build a structure for the Cultural and Heritage Park. So there is the Marana Arts building, a kiln room, the Ramada, the horse barn, with an efficiency room on site so someone can stay on site 24 hours a day to maintain the horses and for security on site. As the horse stalls are converted, there will be public restrooms and a tack room. The horses for the police equestrian patrol will be moved from Parson's to this location. The irrigation pipes would be taken underground as part of the improvements, and they are working with Glenn Farms along with entryway monumentation because the area coming into the park is not only an entry to the Cultural and Heritage Park but also the primary entrance into the 240 -acre park site off Moore Road, making it a very significant entrance. The renovation of the farm home is well underway, and plans are to have it completed by September 1 st. Going back to Producer's Cotton Gin building, several years ago there was a study done to look at the architectural integrity and the historical significance. There were a lot of mixed feelings within the community. It is a locally significant facility because of the type of use and the history of the building in Marana. The site being pointed out on an exhibit will probably be the site of a strip mall. 2 MINUTES OF HERITAGE MUSEUM AND COMMUNICATION TOWER STUDY SESSION MARANA TOWN HALL JUNE 15, 2004 Another effort is $50,000 to complete the design of the entrance off I -10, which will probably become the single busiest interchange in Marana over time with the development going on and all the residential housing from the Smith Plant to Pinal County line. Referring to a presentation on Marana's Town core and as it builds out overtime, the access point off I -10 becomes the focal point. With time, there will be constraints to the use of the site because of the amount of access and traffic transportation issues. That will be firmed up with the transportation study that will be done next year. In pointing out a building that is locally significant, the staff has recommended the consideration of rebuilding it at the Heritage and Cultural Park site. One of the reasons is to have a facility for Ora Ham to begin collecting information while older Marana citizens are able to provide that information and the Producer's Cotton Gin being a place to house that information. The owners of the property would like to see those two buildings relocated and, per the letter of May 28, 2004, from Bradley Boland, for the Town to salvage the contents of the building for re -use in the rebuilt structure and used in a way that would augment the interior of a cotton museum. The letter recognizes the current owners' obligation toward the buildings, the goal of the Town being they would rebuild at full cost for both buildings; and secondly, that the Town has immediate possession to save those contents before the building collapses because of its age or before it is destroyed in some way. As the Town moves forward, the momentum at Glenn Farms and at the Cultural and Heritage Park, the staff would like to finalize and begin working to establish the site and planning for the cotton gin building in the Cultural Heritage Park to be utilized as the cotton museum, along with other cultural and heritage history. He stated relocation of the cotton gin is an emotional and important issue, but Mr. Reuwsaat believes this site is the best location for it. Some of the things that are being explored, such as the ranch house the Heritage committee has been meeting on, there is going to be an adobe facade around it to help maintain the structural integrity of the ranch house as well as all the facilities in the park. With regard to the building and the adobe bricks that make up the building, there has been discussion regarding different things that could be done to incorporate the building and its contents into the community. MR. HONEA A lot of the Heritage Park would be to have the landscape as it was before it was used for farming. Part of the contention is demolishing and moving the Producer's Cotton Gin building because it is the last old structure in Marana. The 3 MINUTES OF HERITAGE MUSEUM AND COMMUNICATION TOWER STUDY SESSION MARANA TOWN HALL -JUNE 15, 2004 original idea was to retrofit that building and shed, in place, to make that part of the entry monument to the Town. A study was done regarding the cotton gin that came back at about $405,000 to retrofit the main building. In some calculations, they have come up with about half that to re -build both buildings, taking all the infrastructure out that can be used in a new building, and moving it to the park. Mr. Honea said he was one of the ones who didn't want to tear the building down, but after looking at it in perspective, it will be a safer building, and there will be both buildings instead of just one. A lot of the interior will be the same, and the blocks could be integrated into the new structure. Mr. Honea believes Heritage Park will become a destination, that people will come to Marana just to go to Heritage Park. Farming and ranching were an important part of early Marana, and if people were able to look at old farm implements and old information, it is something to be proud of and that can be built upon. There would be the Art Council, the farming and ranching museum, and several people in the community are wanting to donate things. The building will get a lot more use in the park than where it is because of the transportation problems. Mr. Honea said he would ask the council to consider moving the building there and having that be the Heritage facility. MR. REUWSAAT A year ago in August, the Council talked about establishing a commercial design review committee. A lot of the development community has said that when the Council is ready and establishes what its expectations are for the commercial corridor design, they would be willing to fund and hire an appropriate company to prepare the commercial design review standards, which would be under the direction and approval of the Council. As an outpouring of a larger effort of what Marana is and will be in the future is the recognition by the private sector to be part of a larger picture that is a part of the past. And as the Town moves forward, there will be recommendations that some basic design criteria be developed and to partner with the private sector to develop the standards for this part of the community. One of the recommendations would be that adobe be incorporated as part of the concept. MS. ORA HARK She was one who had wanted the cotton gin to stay where it is, but looking at the larger picture of moving the gin to Heritage Park and making it a part of the overall plan for presenting to the community and people who visit, it will present a real image of where the Town has come from and what has been done in the past. Significant inroads have been made into working with different people to find things that might be interesting in the museum. The University of Arizona College of Agriculture is working to help locate a small 4 MINUTES OF HERITAGE MUSEUM AND COMMUNICATION TOWER STUDY SESSION MARANA TOWN HALL JUNE 15, 2004 gin. If the Museum had a small working gin, school children and people outside the community could see how cotton is ginned. There are small balers, and if a baling machine could be found, the school children could receive a small bale of cotton and educate the children about the heritage of the community. With the museum, future generations could be educated to understand their roots and where they came from. An exhibit of the Santa Cruz River, which already exists, could be incorporated into the museum. The Mesa Museum has the Santa Cruz River exhibit in storage, and they are willing to lend it to this museum. People from Fish and Game would like to help create an area around the museum that would have vegetation indigenous to what vegetation looked like when the Santa Cruz was running, labeling the vegetation. People are excited about the museum. An individual who did the paper called the Messenger has saved all the issues of the paper produced from 1977 for about 10 years, which he will give to the museum. We are also sorting through pictures to use in the museum. Ms. Ham would like to see the museum as a beginning, not an end. A gentleman who is an architect and knows about setting up museums is willing to donate his time. Ms. Ham is excited about the project and is at the Council's disposal if she is needed. One of the things that should be done concerning the museum is putting together a long -range plan, and Ms. Ham has contacts with others who have expertise in this area. Ms. Ham suggested getting that group together to start putting together a plan that will help to decide what will be done that will carry on in the future. MR. REUWSATT Mr. Reuwsaat said he and Ms. Ham meet about every two weeks, and she has a lot of great ideas. More importantly, a lot of the community inside and outside of Marana has the same needs to remember where their roots are and to incorporate them into the future. To that extent, Mr. Reuwsaat asked Ms. Ham to pull people together and suggested that the Cultural and Historic Commission also help because they can be of significant benefit to the Cultural and Heritage Park. MS. HARN One important thing to keep in mind is this will help the children to understand their heritage. MS. COMERFORD Ms. Comerford said she would like to keep the gin where it is if she could. The entry into the town should be a welcomed and sufficient one. There is concern with moving the gin building without plans for an entry into the Town. MR. BLAKE Mr. Blake was one trying to keep the cotton gin where it is and have it utilized as a visitors' center, something to draw persons from I -10 into Marana and 5 MINUTES OF HERITAGE MUSEUM AND COMMUNICATION TOWER STUDY SESSION MARANA TOWN HALL JUNE 15, 2004 then to be directed to other interesting sites in the Town, including Heritage Park. He had gone with Mr. Reuwsaat to look at the building. As is, it is beyond salvage, but parts and pieces of it can be salvaged. Another recommendation is re- creating the- building as a visitors' center, located off the off -ramp from I -10, as something that can be identified on I -10 as a place to stop in Marana. It is the gateway to Pima County, not only Marana, and a place where r people could come to get information about the town or sites they might find interesting. Mr. Blake said he still wants to see a visitors' center, and as of right now, he knows of no plans for one. We need a gateway to this town, and Mr. Blake had hoped we could use the cotton gin building to help create a gateway. Even though it is not salvageable, it could be re- created in a location where it could be part of a gateway to this town, and something like that is need. If we don't do this, we will be missing out on a tremendous opportunity to bring people into the Town of Marana. MR. ESCOBEDO Some of us have been in Marana many, many years and have seen what the building did and how busy it was and what it did for the 4- community. There is a picture that shows the two cotton gin buildings that were in the area right behind it, and you could actually see the Twin Peaks, so it has a lot of t history. Mr. Escobedo remembers his dad putting him on his cotton sack and taking him down the rows with him, and the gin was there. They used to drop the cotton trailers off there. Mr. Escobedo agrees with everybody here that it does mean a lot for the community, but it is going to have something special and be brought back to life. There are other entry areas that can be used coming into the community. Using San Antonio as an example, they used an old mining facility, using a lot of the materials from the mine, and it is an entry into a portion of the community. The store fronts are built facing the freeway, but the stores are old mining shacks, and the same thing can be done in this community. Not only the one entry but every exit that comes off into r ' the Town of Marana should be that way. Looking at Cortaro, seeing the back of Wal- Mart doesn't make me very happy. t- f: But once we have Twin Peaks and Tangerine and Marana and whatever direction we go, every exit should be inviting to whoever accesses the community. MR. REUWSAAT Mr. Reuwsaat agrees all of that is a priority. The people who are going to invest in this community want the same thing, because they do not want to see this community develop out like Speedway or Grant or any other interchange where it is just business as usually. People who are going to invest want to see a theme that separates Marana from the rest of the interstate. It is exciting because the people who are willing to invest into the future are willing to invest into the funding 6 MINUTES OF HERITAGE MUSEUM AND COMMUNICATION TOWER STUDY SESSION MARANA TOWN HALL JUNE 15, 2004 to come up with that. Mr. Reuwsaat and Jim have had the same discussion. It isn't just the Marana exit. It is the Tangerine exit, the Cortaro exit, the Twin Peaks. If we can establish the theme, it ought to be consistent throughout the community so that wherever people go in our community, they will know they are in Marana and what Marana is about. MR. HONEA The entry monument into the Town of Marana sat right about across from the Chevron, and it was called the Mercantile. When the building was torn down, a lot of the blocks were put in where the court complex is, the green and red and blue bricks in that building. That has a lot of history. When they tore that down to build the freeway, people took a lot of those blocks and built that building. The entry monument was that structure. There was a dime store, a grocery store, an ice cream parlor, a barbershop and a little bar in that little strip center. It was built out of red brick. It had the big poles like are at the court. It is almost the same structure. The poles may have come out of there. That was the place people saw when coming into Marana to stop and eat or drink. We do need a special monument here, because this is the main entrance where the community is. Maybe we could build a smaller scale of that structure for a monument, like part of an end of it like the court is with the beam across the front and open walkway shaded underneath. It is old Marana. That was lost when the high school and the mercantile were torn down. We do need an entry monument. Mr. Honea agrees with Mr. Reuwsaat that we need to tie in the adobes and some of the red brick that were used in the old Marana buildings, substantial buildings, into the infrastructure of all the commercial buildings. Greg Wexler and a lot of people have bought into trying to tie that in. He is not against an entry monument. He was passionate about leaving the building there too, but trying to get more building and get us moving. If we have to do that building and spend $400,000, we are going to have just a building there. We could spend that money and get three or four buildings at the Heritage Park and start the cotton and ranching and mining museums and the other things, and that is what turned him around on that issue. Mr. Honea said he feels good having this conversation with everybody because everybody at this dais is passionate about this idea and that is a very good point about our community, that everybody here cares. We might have to make some tough decisions. He agrees with what everybody said. MR. ANDERSON He said he had some association with a trade group called Cotton Council. They were a highfalutin, big -money organization in the southeastern part of the United States. They were very supportive of anything that pertained to the history of cotton, cotton products. They were readily throwing around 100,000 here MINUTES OF HERITAGE MUSEUM AND COMMUNICATION TOWER STUDY SESSION MARANA TOWN HALL JUNE 15, 2004 and there to support things, educating the public about the value of cotton and the history of the United States. This just fits right in with what we are trying to do here. They are either the Cotton Council or the Cotton Institute. It would be easy to find out where they are. Somebody from the Town could study up on what the Town wants to do and get in touch with the appropriate person, and we might do it right. Maybe with their financial help, it could be possible, and invite them to come here and look to see what is here. This is Pima County and cotton country. It's a major opportunity for both of us. MR. REUWSAAT One step in what we have done was way back when we had El Dard (phonetic) do a chronological history of Marana. In thinking about that, Pima cotton from here is famous cotton. It was a staple in World War II in terms of the source for military ukes (sic), whatever that was. MR. ANDERSON Now it is called Supima cotton, a variety that has been developed from Pima cotton. The American and Egyptian Pima has been bred it, and it is called Supima. Now it is a western portion of Pima cotton. The other is grown in Egypt. It is a good opportunity. It gives you the money to come out here and help us with our project. UNIDENTIFIED: If you get ahold of Tom and Mattie Clark, they just got back from a four -day tour in North Carolina. They could certainly help you. Mayor, the first original staple crop in Marana was potatoes, and they got a disease, so they went to cotton. This was the largest producing area of potatoes in Arizona at that time. We could take the Pinal Airpark Exit and do a military kind of atmosphere structure there. The Marana Exit can have the farming and ranching. Avra Valley could have a mining theme because that is where Silverbell loaded and unloaded all their equipment. We could do something else at Cortaro and each one of the exits into Marana to help do the heritage all the way through. Another thought that may have fallen by the wayside is to do some type of visitors' center where the exit is where the cotton gin is now and use some of the blocks out of there for the Chamber of Commerce or Visitors' Center or whatever that is. There could be a family restaurant there, a family automotive center like the Flying Js, and help set the tone for an entrance into the town. The cotton gin building should be saved, and everyone has assessed the property, but we have waited too long. There are a surprising number of people who have spent time at Pinal Air learning to fly. We could catch people before they get to the Pima Air Museum. You could carry those themes out as you progress through the s MINUTES OF HERITAGE MUSEUM AND COMMUNICATION TOWER STUDY SESSION MARANA TOWN HALL JUNE 15, 2004 Town of Marana. MAYOR SUTTON That is coming back on an agenda item MR. HONER There has been discussion about this building for five or six years, and nothing has been done. Part of what staff is asking is to enter into an agreement with the owners of the property so we can go in and get the building. There have had transients break into the building. If we wait much longer, somebody is going to build a fire to cook something, or somebody is going to do something, and that building is going to be lost, and we are not going to salvage any of it. MR. HONEA Mr. Honea asked Frank if he was okay with a motion. FRANK: Mr. Mayor, as long as the motion relates to some kind of action related to Producer's Cotton Gin Building, it is properly agendized (sic). MAYOR SUTTON The Mayor asked Mr. Honea to form a motion. MR. HONER Mr. Honea made a motion to tell staff to set up an agreement with (unintelligible) Company to go in and gut the building -- we have to sign a "hold harmless" and stuff like that. -- and that we authorize staff to proceed on moving that building and the additional shed building to the Heritage Park with the help of the (unintelligible) Company. MAYOR SUTTON With Yankee Point, LLC. We need a second. UNIDENTIFIED: Second it. MAYOR SUTTON Moved and seconded for the suggested motion. Mayor Sutton called for further discussion and there being none, he called for a vote. The motion carried unanimously. Mayor Sutton called the next item on the agenda, the communications tower for the new municipal complex, and turned the presentation over to Mr. Reuwsaat. MR. REUWSAAT Mr. Reuwsaat introduced Anthony Cassella, stating things have moved very quickly in the IT, GIS and other areas since Tony has come aboard. Most important to one of the jobs that he has done is that, with regard to the new municipal complex, having the technical expertise and understanding Northwest Fire Department with the training tower and all the needs that the police department need for communication and dispatching, Tony is to be commended for the job he has done • in a short period of time and the recommendations he has made, when we move into 9 MINUTES OF HERITAGE MUSEUM AND COMMUNICATION TOWER STUDY SESSION MARANA TOWN HALL JUNE 15, 2004 the new town hall, the infrastructure in place will meet the needs of the staff, citizens, and council over time. MR. CASSELLA Appreciating Marana's past heritage, we need to start discussing our future, in looking for approval to erect an 85 -foot monopole to replace the existing 50 -foot telephone pole in front of Town Hall. One of the main reasons for the monopole, specifically, is since we have mixed the idea of Northwest Fire placing their four -story training tower on our complex, which will be an additional 20 feet above the four -story tower for them to mount their antennas, we have explored every possibility of how to best utilize the space on top of the buildings of the new Municipal Complex for multiple antennas for both Northwest Fire and Marana. What it came down to is every roof line on all three buildings would be plastered with antennas, which would not look good, and it is not high enough for some of the items needed by both Marana and Northwest Fire. With the 85 -foot monopole, it will allow Northwest Fire, Marana, and potentially other providers, to collocate on that monopole at the height they need and have no antennas on top of the municipal complex. The exhibit which has been provided sets forth what would be entailed: removing the existing telephone pole, erect the monopole, including the soil samples, architectural drawings, permits, also including erection of a 6- to 8 -foot block wall around a, roughly, 40 -by -40 -foot area, which are shown in the pictures of the exhibit. A discussion ensued regarding the size of the fenced area around the monopole and the height of any buildings included within that fenced area, with there being concern regarding the aesthetic appearance and the amount of space, since the plan is to have a park in that area for the senior citizen center, which will be located in the old building. Mr. Cassella explained that each provider using the pole would have their equipment located in buildings within the enclosed 40 -by -40 -foot walled area. Each provider using the pole would need their own building or other type of structure in which to enclose their equipment, so the area would need to be large enough to accommodate the inclusion of each user's equipment. He also stated that if the wall is 8 feet, the buildings will not be visible from outside the wall. He also stated he feels the proposed 40 -by -40 -foot area is necessary because of other potential users who would need their equipment stored, also, in other buildings or structures. There was discussion with regard to who is paying for the expense that would be incurred by Northwest Fire for their equipment and building, and it was stated they would be responsible for the expense of their equipment, unless there could be a trade -off for something for the Town of Marana. i 10 MINUTES OF HERITAGE MUSEUM AND COMMUNICATION TOWER STUDY SESSION MARANA TOWN HALL JUNE 15, 2004 In reply to number of access gates into the walled -off area, Mr. Cassella stated there would only be one gate, which would be large enough for a vehicle to get in with equipment, and hopefully the gate can be located on the back side of the walled area. There was discussion about the appearance of the monopole and the different antennas or dishes that would be installed on it and how it would look. Mr. Cassella explained some of Northwest Fire's antennas would have a horizontal protrusion of about 8 to 10 feet and a vertical length of about 20 feet. The antennas for Marana Police Department would not be as long vertically. He explained that what is on the pole currently in use will be on the new pole, in addition to other antennas. Mr. Cassella said there will not be a lot of the 6 -foot diameter dishes which are depicted in the picture in the exhibit, but there will be a number of the vertical antennas, the di -pole (sic) antennas, for both Marana and Northwest Fire. There was also discussion regarding color in helping to disguise or make the pole and antennas less noticeable, and Mr. Cassella said gray is the color mostly used. In answering a concern regarding airplanes, Mr. Cassella said there is not an issue with the 85 feet height for airplanes, although he is submitting paperwork to the FAA for it as a formality. There was discussion regarding possible relocation of the pole, but Mr. Cassella explained the FCC license for the Town of Marana is predicated on that specific location. If it is determined to move the location, regardless of how near or far from its current location, the issue becomes time. If a different site is chosen, the Town would need to apply for a new FCC license. Answering a question regarding the wall around the monopole, Mr. Cassella explained it is more for security, explaining the current equipment is very insecure, which is a problem. Therefore, number one, it is for security; number two is to block it from view for appearance. Mr. Honea pointed out the need for sensitivity to the appearance of the enclosure and the appearance of the additional equipment with additional providers, because it may not all be about revenue; it may be about aesthetics and the example that is being set. MAYOR SUTTON An idea was suggested that the revenue could maybe go to the senior center. As far as the wall to be built around the tower, a mural could be done around the wall and have a walking trail. Just keep in mind the functionality of what we are trying to do with the same idea of the first agenda item of being committed to the past so we take care of things we need to, but this is needed for the future of the • Town. 11 • MINUTES OF HERITAGE MUSEUM AND COMMUNICATION TOWER STUDY SESSION MARANA TOWN HALL JUNE 15, 2004 At this time Mayor Sutton called for a suggested motion or idea. Mr. Honea moved to approve the replacement of the existing pole with an 85 -foot monopole and a surrounding enclosure as small as deemed necessary. The motion was seconded. The vote was called for and the motion passed unanimously. III. ADJOURNMENT The Mayor adjourned the meeting. The time was XXXXX CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Heritage Museum and Communication Tower Study Session held on June 15, 2004. I further certify that a quorum was present. Jocelyn Bronson, Town Clerk 12 z MINUTES OF. REGULAR COUNCIL MEETING MARANA TOWN HALL JUNE 15, 2004 PLACE AND DATE Marana Town Hall, June 15, 2004 I. CALL TO ORDER By Mayor Sutton at 7:02p.m. II. PLEDGE OF ALLEGIANCE Led by Mayor Sutton III. INVOCATION/MOMENT OF SILENCE A moment of silence was observed. IV. 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 Mike Reuwsaat Town Manager Present Jaret Barr Interim Development Services Admin. Present Frank Cassidy Town Attorney Present Jocelyn Bronson Town Clerk Present Jim DeGrood Executive Asst. to the Town Manager Present Attached is a list of public attendees. V. APPROVAL OF AGENDA Mayor Sutton requested that Agenda Item IX. B. 4. Resolution No. 2004 -76, Rancho Chimayo Water Agreement, be heard first under Council Action items. Upon motion by Mayor Sutton, seconded by Council Member Escobe do, the amended agenda was unanimously approved. 1 E MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL JUNE 15, 2004 VI. ACCEPTANCE OF MINUTES Upon motion by Council Member McGorray, seconded by Council Member Honea, the June 1, 2004 Council meeting minutes were approved 5/0. Council Member Comerford was not present at the June 1St meeting and abstained from the vote. VII. CALL TO THE PUBLIGANNOUNCEMENTS Council Member Comerford introduced Zachary Brown, a Marana Middle School student and a member of Boy Scout Troop 209. She commended Zachary on the hard work required to earn his Eagle Scout badge and thanked him for his good citizenship and community participation. Ron Smith introduced the newest staff member to the Parks and Recreation department, Theresa Christiansen. He said that Ms. Christiansen s position as the Therapeutic Recreation Coordinator had been funded through grants obtained from the Arizona Department of Employment Security. Mr. Smith announced that the Town of Marana would have one of the only fireworks displays on Saturday, July 3rd and that the Town's festivities would also be one of the biggest displays with over 1,100 fireworks shells. Mike Brummett, Marana Teen Advisory Council Advisor, introduced the MTAC members to the Council. The group included Kyle Conway, Amanda Bain, Kortney Smith, Kaitlin Morcilli, Redeem Robinson, and Dustin Larriva. Jocelyn Bronson administered the loyalty oaths to the new MTAC members. Council Member Escobedo commented that these additional six MTAC members completed the MTAC group and that the teens would move forward by electing a mayor and vice mayor as well as preparing to address any upcoming youth issues. VIIL STAFF REPORTS There were no questions regarding the staff reports. 2 r MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL JUNE 15, 2004 IX. GENERAL ORDER OF BUSINESS A. CONSENT AGENDA 1. Resolution No. 2004 -56 Relating to Subdivisions; approving a final plat resubdivision for Continental Ranch Retail Center (Kevin Kish) 2. Resolution No. 2004 -57 Relating to Subdivisions; approving a final plat for Sky Ranch including Lots 1 -365 (Kevin Kish) 3. Resolution No. 2004 -75 Relating to Water Service; Approving and authorizing the execution of the Agreement between the Town of Marana and M &I Bank for Construction of Water Facilities Under Private Contract (Brad DeSpain) 4. Resolution No. 2004 -76 Relating to Water Service; approving and authorizing the execution of the Agreement between the Town of Marana and Rancho Chimayo, L.L.C. and Paul R. Horowitz for Water Line Extension Construction (Brad DeSpain) 5. Resolution No. 2004 -74 Relating to the Police Department; authorizing application for undercover vehicle registrations (Richard Vidaurri) 6. Resolution No. 2004 -78 Relating to Water Service; approving and authorizing the execution of the Agreement between the Town of Marana and US Home for Construction of Water Facilities Under Private Contract for Gladden Farms Block 5 (Brad DeSpain) 7. Resolution No. 2004 -79 Relating to Water Service; approving and authorizing the execution of the Agreement between the Town of Marana and Canoa Development Inc. for Construction of Water Facilities Under Private Contract for Continental Reserve Block 16B (Brad DeSpain) 8. Resolution No. 2004 -80 Relating to Water Service; approving and authorizing the execution of the Agreement between the Town of Marana and Pima Aviation, Inc. for Construction of Water Facilities Under Private Contract for Marana Regional Airport T Hangars (Brad DeSpain) 3 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL JUNE 15, 2004 9. Resolution No. 2004 -81 Relating to Development; releasing the Assurance Agreement for Quail Crossing II, Trust No. 4699, and accepting Public Improvements for Maintenance (Jim DeGrood) 10. Resolution No. 2004 -82 Relating to Development; releasing the Assurance Agreement for Hartman Ten, Trust No. 60,013, and accepting Public Improvements for maintenance (Jim DeGrood) 11. Resolution No. 2004 -83 Relating to Traffic Safety; approving the submission of projects for consideration in Arizona's 2004 Governor's Office of Highway Safety (GOHS) (Monica Moxley) 12. Resolution No. 2004 -77 Relating to Economic Development; authorizing a first amendment to the contract for services between the town of Marana and the Marana Chamber of Commerce (Frank Cassidy) Upon motion by Council Member Escobedo, seconded by Council Member Honea, the consent agenda was unanimously approved. B. COUNCIL ACTION 4. Resolution No. 2004 -84 Relating to Water Service; approving and authorizing the 2004 Update of the Town of Marana Potable Water Master Plan (Brad DeSpain) Brad DeSpain addressed the Council regarding this item. He said that the Town was very fortunate to have acquired such an outstanding consulting firm, Westland Resources, Inc., to partner on the update of this important document: He introduced Tom Martinez, a civil engineer, who was instrumental in the plans update. Mr. Martinez conducted a short presentation on the updated water plan. He summarized the potable water master plan by touching on the existing water system customer base, the regulatory environment, the future system requirements, rates and fees, and development policies. He said that there were federal, state, and local requirements imposed on the Marana water system. He explained that a number of analytic tools had been used to determine the existing infrastructure needs of the water system and to predict the future needs in terms of population growth and demand, infrastructure cost projections, storage and well capacities, equipment needs, and security requirements. 4 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL JUNE 15, 2004 Mr. Martinez recommended that the Town of Marana evaluate its storage and source water supply on a semi - annual basis to closely monitor development. Upon motion by Council Member Escobedo, seconded by Council Member Blake, Resolution No. 2004 -84 was uhanimously approved. 1. PUBLIC HEARING. Resolution No. 2004 -85 Relating to Budget; adopting the Fiscal 2004 -2005 Final Budget (Roy Cuaron) Mayor Sutton declared the public hearing open and closed. No speakers cane forward. Mr. Reuwsaat said that he was pleased to present the Fiscal 2004 -2005 Final Budget to the Council. He remarked that it set the upper limits of the expenditures and included approximately 72% infrastructure improvements for the community. Upon motion by Council Member McGorray, seconded by Council Member Honea, Resolution No. 2004 -85 was unanimously approved. Council Member Escobedo congratulated the staff and fellow Council members for their hard work on meeting the budget goals. 2. PUBLIC HEARING: Ordinance No. 2004.09 Relating to a Rezoning; reviewing and adopting an ordinance for the rezoning known as the Ina/Silverbell Rezoning (Kevin Kish) Mayor Sutton opened the public hearing regarding the Ina /Silverbell rezoning. Louis Hirsch, longtime Silverbell Road resident, voiced his approval of the rezone action but asked for two conditions. He requested protection of the Ironwood/ Saguaro forest west of the power line and that the Wild Horse Wash Open Space was left undisturbed in its entirety. He presented the Town Clerk with a letter stating this approval and it has been made a permanent part of this record. 5 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL JUNE 15, 2004 Emily Johnson, Wade Road resident and representative of the Tucson Mountain Association, addressed the Council about her group's approval of the proposed rezoning. She said that she was not in favor of the convenience store's corner location. Keith Johnson, El Camino del Cerro resident and Tucson Mountain Association board member, voiced his approval of the proposed rezoning. He stated that the size of the lots allowed for more open space within the development. He said that the developer, Doug Kennedy, was particularly accommodating to the group's concerns with the natural desert preservation and that Mr. Kennedy had been easy to work with. Patricia Hirsch, Silverbell Road resident, agreed with the previous speakers and asked that only lots at the small portion of the intersection be reduced if a lot size reduction was used. She said that it would be preferable to keep the 36,000 sq. ft. lots west of the power line road and nothing smaller than that west of the power line road. She also asked that the Wild Horse Wash act as the borderline for the placement of 10,000 sq. ft. lots. Doug Kennedy, the developer, addressed the Council and public regarding this pending action. He said that he wanted to assure the residents that the SR lots were currently in the final platting stage and should be approved by the Town staff soon. He said that he did want to have tile roofs throughout the project and that the concerns regarding building heights would be addressed shortly. There were no more speakers to come forward. Mayor Sutton closed the public hearing. Jaret Barr spoke to the Council regarding this item. He said that, based on some of the discussions heard at this meeting and at previous meetings, the staff would like to recommend a continuation for this item in order to secure a development agreement quantifying the outstanding concerns. He requested that this item be heard at a future Council meeting. Mayor Sutton commented that the cluster type of development gave more concession to the environment but that it was hard for residents to look at that point. He said that Marana had always been a big proponent of clustering that left larger open space areas. He noted that the acceptance of this development signaled a turning point for the community. 6 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL JUNE 15, 2004 Mr. Reuwsaat commended the Tucson Mountain Association's members for being able to talk out their concerns and arrive at a compromise. He acknowledged that the Town had established a longstanding good relationship with the group. He also praised the developer for Mr. Kennedy's sensitivity to the natural open space and desert environment as well as the neighborhood residents' concerns. Upon motion by Mayor Sutton, seconded by Council Member Blake, a continuance for Ordinance No. 2004.09 was unanimously approved. 3. Resolution No. 2004 -86 Relating to Development; approving and authorizing the execution of a development agreement with Exeter LXI, LLC, regarding the Sky Ranch development project (Frank Cassidy) Mr. Reuwsaat said that he was very pleased to bring this project to closure. He said that the Town Attorney would be addressing the Council regarding the proposed action. Mr. Cassidy spoke to the Council regarding the proposed development agreement. He said that the agreement carried forward all of the conditions and requirements imposed on Sky Ranch. He noted that there was a habitat conservation plan (HCP) that had been approved for this property and the development agreement incorporated the HCP. Upon motion by Council Member McGorray, seconded by Council Member Honea, Resolution No. 2004 -86 was unanimously approved. At this time the Mayor announced that he had a proclamation to read into the record. The proclamation honored Chuck Boyer, an avid outdoorsman and amateur trail designer and has been made a permanent part of the record. It is also on file in public records located at Town Hall. Mr. Boyer recently completed the design and construction of a 12 -mile recreational trail in the Tortolita Preserve. He spent over 6,874 hours volunteering his expertise over a two year span developing and building the Tortolita Trail. Mr. Boyer thanked the Mayor and Council for their support. He said that this was the best group of people he had ever worked with and he hoped everyone enjoyed the trail. 7 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL JUNE 15, 2004 5. Executive Session pursuant to A.R.S. Section 38- 431.03 (A) (4) to discuss and consult with the Town's attorney and to consider the Town's position and instruct the Town's attorney concerning Drake v. Town of Marana, Pima County Superior Court No. C20042039, regarding the Camino de Oeste/Cortaro Road annexation (Frank Cassidy) Upon motion by Mayor Sutton, seconded by Council Member Escobedo, unanimous approval to go into executive session was given. The time was 7:50 p.m. At 8:05 p.m., Mayor Sutton reconvened the Council meeting with all of the attending Council members seated at the dais. 6. Action on Executive Session (Mayor Sutton) Upon motion by Council Member Comerford, seconded by Council Member McGorray, unanimous approval to authorize the Town Attorney to proceed as discussed in the Executive Session was given. C. MAYOR AND COUNCIL'S REPORT Council Member Escobedo announced that U.S. Representative Raul Grijalva recently held a fund raiser in Marana at Bedroxx Bowling on Ina Road. He said it was held on Sunday, June 13th, and that the Congressman had a successful event with a large turnout. D. MANAGERS' REPORT Mr. Reuwsaat briefed the Council on several upcoming study sessions and updated them on the progress of the Grier Road construction. He added that successful interviews had taken place yesterday for the Public Works /Town Engineer position as well as the Subdivision Engineer position. Mr. Cassidy reported that referendum petitions on the Willow Ridge Rezoning had been received by the Town Clerk, that signature verification by Pima County had been completed, and that the referendum had been successful. He explained that he was looking into the options for proceeding with a special election possibly as soon as September 7, 2004. 8 r MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL JUNE 15, 2004 X. FUTURE AGENDA ITEMS There were no items submitted for future agendas. XI. ADJOURNMENT Upon motion by Council Member Escobedo, seconded by Council Member McGorray, unanimous approval to adjourn was given. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on June 15, 2004. I further certify that a quorum was present. Jocelyn Bronson, Town Clerk 9 MINUTES OF SPECIAL COUNCIL MEETING MARANA TOWN HALL JUNE 24 PLACE AND DATE Marana Town Hall, June 24, 2004 I. CALL TO ORDER By Mayor Sutton at 5:02p.m. II. GENERAL ORDER OF BUSINESS 1. Ordinance No. 2004.14: Relating to Elections; providing for or a special election concerning the referendum of Marana Ordinance No. 2004.14, the Willow Ridge rezoning; providing for printing and distribution of the publicity pamphlet, and declaring an emergency (Frank Cassidy) Mayor Sutton acknowledged that all of the Council members were present and seated on the dais. Mr. Reuwsaat presented this item before the Council. He said that the item sets a September 7, 2004 special election for consideration of the referendum filed against Marana Ordinance No. 2004.07, the Willow Ridge rezoning. He added that the action authorized him, the Town Attorney, and the Town Clerk to perform all of the necessary actions desired to accommodate the September 7th special election, including the preparation of a publicity pamphlet and the receipt of arguments for and against the rezoning. Upon motion by Council Member Escobedo, seconded by Council Member McGorray, Ordinance No. 2004.14 was unanimously approved. XI. ADJOURNMENT Mayor Sutton adjourned the meeting. The time was 5:07 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on June 24, 2004. I further certify that a quorum was present. Lynn Warde, Documents Coordinator for the Town Clerk 1 1 pWN pp TOWN COUNCIL MEETING TOWN OF MARANA 9 MAR NA ; INFORMATION �R1ZON� MEETING DATE: July 6, 2004 AGENDA ITEM: IX. B. 8 TO: MAYOR AND COUNCIL FROM: Kevin Kish, Interim Planning Director SUBJECT: Resolution No. 2004 -91: Relating to Commercial Development; Approving a Development Plan for The Shoppes @ Arizona Pavilions. DISCUSSION This application is for the approval of a Development Plan for a 2.77 -acre site to develop two commercial buildings. The subject property is a part of the Continental Ranch Specific Plan and is located on lot 7 and portion of lot 5 of the Continental Ranch Business Park Subdivision, adjacent to Cortaro Road on the south and Hospitality Road on the north, within Section 26, T12S, R12E. The Town of Marana Planning Commission unanimously voted to recommend approval to the Marana Town Council on May 26, 2004. The land use designation is Freeway Commercial (C *) which allows offices, medical/healthcare facilities, restaurants, financial institutions and a variety of commercial uses. The proposed uses for this site are office space, restaurants and retail commercial. The larger building will have two shared accesses off of Cortaro Road. This property currently has a shared access with the Shell station that was built with that development. The Developer is currently working on an agreement with Comcast Cable Company to the west to share their already existing access. The actual agreement must be recorded by separate instrument prior to any Certificate of Occupancy being given. The second building will have direct access off of Hospitality Road to the north. There will also be parking between both buildings and access through the site from Cortaro Road to Hospitality Road. Staff has reviewed the request against the requirements of the underlying zoning district. All applicable development standards are adhered to with this Development Plan. RECOMMENDATION Staff recommends approval of Resolution No. 2004 -91, approving a development plan for The Shoppes @ Arizona Pavilions, DPR- 04006 with the recommended condition: 1. The recorded access agreement with Comcast for the shared access must be supplied to the Town prior to any Certificate of Occupancy being issued by the Town. SUGGESTED MOTION I move to approve Resolution No.2004 -91. 061504 DPR -04006 The Shoppes @ Arizona Pavilions DP 05120104 • MARANA RESOLUTION NO. 2004-91 RELATING TO COMMERCIAL DEVELOPMENTS; APPROVING A DEVELOPMENT PLAN FOR THE SHOPPES @ ARIZONA PAVILIONS WHEREAS, the Town of Marana approved and adopted the specific plan for the area known as Continental Ranch on April 5, 1988 (Ordinance No. 88.09), located within the corporate boundaries of the Town of Marana, Arizona; and WHEREAS, Arizona Pavilions LLC is the owner of approximately 2.77 acres within the Continental Ranch Business Park boundary generally located in Section 26, Township 12 South, Range 12 East, south of Hospitality Road and north of Cortaro Road and has applied to the Town of Marana for approval of a development plan for a two building commercial center on approximately 2.77 acres; and WHEREAS, the Mayor and Council have considered the application at the regular Town Council meeting held July 6, 2004 and has determined that the development plan for The Shoppes @ Arizona Pavilions meets all applicable requirements. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the development plan for The Shoppes @ Arizona Pavilions submitted by Arizona Pavilions LLC, located south of Hospitality Road and north of Cortaro Road, in Section 26, Township 12 South, Range 12 East, is hereby approved subject to the following condition: The recorded access agreement with Comcast for the shared access must be supplied to the Town prior to any Certificate of Occupancy being issued by the Town. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6 th day of July 2004. Mayor Bobby Sutton, Jr. ATTEST: Jocelyn C. Bronson, Town Clerk • APPROVED AS TO FORM: Frank Cassidy, Town Attorney AGENDA ITEM NUMBER: iSTAFF ' • RT • PLANNING COMMISSION May 26, 2004 CASE No: DPR -04006 CASE NAME: The Shoppes @ Arizona Pavilions Development Plan Owner's Name: Arizona Pavilion LLC Project Firm: The WLB Group Contact: Linda Thompson Firms Address: 4444 E. Broadwav, Tucson, AZ 85711 Location of Request: Lot 7 and a portion of Lot 5 of the Continental Ranch Business Park Subdivision, adjacent to Cortaro Road on the south and Hospitality Road on the north. Nature of Request: Approval of a Development Plan for two commercial buildings. Site Size: 2.77 Acres Zone District: "C *" Freeway Commercial per the Continental Ranch Specific Plan Existing Use. Vacant Proposed Use: Retail Commercial. Restaurant and Office Space Report Date: May 19, 2004 Project Planner: Lisa Shafer, Planner H SUMMARY OF APPLICATION The WLB Group on behalf of Arizona Pavilion LLC is requesting the approval of a Development Plan for a 2.77 -acre site to develop two commercial buildings. The subject property is a part of the Continental Ranch Specific Plan and is located on lot 7 and a portion of lot 5 of the Continental Ranch Business Park Subdivision, adjacent to Cortaro Road on the south and Hospitality Road on the north, within Section 26, T12S, R12E. The land use designation is Freeway Commercial (C *) which allows offices, medical /healthcare facilities, restaurants, financial institutions and a variety of commercial uses. The largest building will be 18.089 square feet with 6,077 square feet of that being used for a proposed Checker Auto. The remaining building will be divided up into smaller retail shops or restuarants. The second smaller building will be 6,100 square feet and is intended for office space. The proposed height of both of the buildings is 19 feet. The maximum allowable height for this designation is 39 feet. The larger building will have two shared accesses off of Cortaro Road. This property currently has a shared access with the Shell station that was built with that development. In order to get the much needed second access off of Cortaro Road the Developer has had to obtain an agreement with Comcast Cable Company to the west to share their already existing access. The actual agreement must be recorded by separate instrument prior to this development plan going to Town Council for consideration. The second building will have direct access off of Hospitality Road to the north. There will also be parking between both buildings and access through the site from Cortaro Road to Hospitality Road. Greg Wexler, President of the ARC, has worked extensively with future owner, Mickey Eigen, to ensure the architectural design of the building is in keeping and aesthetically pleasing with the surrounding area. The exterior of the building will be stucco and masonry block. Due to the location of the multiple story hotels behind this building, staff finds that the buildings will need four sided architecture in order to enhance the rear of the buildings which is most visible to the hotel patrons. Color renderings of the main building have _ been provided in your packet. The second building that is proposed for office space will be of the same construction and architecture. Color elevations and ARC approval will be required prior to building permit issuance. Staff has reviewed the request against the requirements of the underlying zoning district. All applicable development standards are adhered to with this Development Plan. Therefore, staff is recommending approval based on the recommended findings of fact. • RECOMMENDED FINDINGS OF FACT 1. The site is currently designated Freeway Commercial (C *), per the Continental Ranch Specific Plan. The proposed development is allowable under this designation. The project is in compliance with all other development standards of the specific plan related to this classification. 2. This proposal is consistent with the purpose and intent of the Continental Ranch Specific Plan and the Town of Marana General Plan. 3. This proposal is not detrimental to the immediate area and to the health, safety, and welfare of the inhabitants of the area and the Town of Marana. Staff Recommendation: APPROVAL with conditions RECOMMENDED CONDITIONS OF APPROVAL Recommended Conditions: 1. Staff receives clearance from Tetra Tech on a couple of minor issues prior to Town Council Consideration. 2. Staff receives clearance from Town of Marana Building Department on a couple of minor issues prior to Town Council Consideration. 3. Staff must receive a recorded shared access agreement between the developer and Comcast that is • acceptable to the Town prior to Town Council Consideration. 4. Staff must receive an agreement from Comcast allowing an off -site directional sign to be located on their property prior to Town Council Consideration. 5. Color elevations and ARC approval will be required on the second smaller building prior to building permit issuance. CASE ANALYSIS REVIEW cRrrERiA 1. Ability to comply with Development Regulations. i.e.. Water Sanitation, Access, Developable Parcel, etc.: The property is currently designated Freeway Commercial (C *). Adequate area exists for this development on this site. The development is in compliance with the requirements of all agencies once staff has acceptance from Tetra Tech and the Town of Marana Building Department. 2. Ability to comply with requirements of the Zoning Regulations, i.e. Lot Size, Frontage, Setbacks, etc.: This proposal complies with all the requirements of the Freeway Commercial land use designation. 3. Is consistent with the purpose of the Zoning Revelations and with the intent of the General Plan: This proposal is consistent with the purpose and intent of the Continental Ranch Specific Plan and the Town of Marana General Plan. 4. Compatible with the surrounding area not detrimental to the immediate area or the development of the area and not detrimental to the health safety or welfare of the inhabitants of the area and the County: The subject site is adjacent to mixed -use commercial and industrial development. This proposal is also not detrimental to the immediate area and to the health, safety, and welfare of the inhabitants of the area and the Town of Marana. • SUGGESTED MOTION I move to approve Case No. DPR -04006 The Shoppes @ Arizona Pavilions Development Plan subject to staff - recommended conditions. PAGE 2 OF 2 The Shoppes rl �--n Arizona Pavilions PI n M ARANA a CASE NO DPR -04006 TOWN OF MARANA Cortaro Ranch I , t''� Subject Property ` Comcast / O� / � Wal -Mart I / Data Disclaimer E 1 The Town of Marana provides this map Information "As Is" at the request of the user with the understanding Ow it Is not guaranteed to be accurate. correct or complete and conclusions drawn from such information are the responsibility of the um. N 200 0 200 400 Feet /, �\ In event apartThe Town o Morons become liabk users of these data l /^■ or my other parry . any for ry s or direct, indirect special. incidental or consequential damages. including but not limped to time. money or i �\ goodwill. aft" from the use or rodgkation of the data. ' REQUEST A request for approval of a developement plan for two commericial buildings on two parcels located between Cortaro Road to the south and Hospitality Road to the north. Section 26, T12S,R12E. • i Oo.�l O� V1 ? 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A. 2 TO: MAYOR A COUNCIL FROM: H. Thomas Gill, JR., Assistant Director of Public Works SUBJECT: Resolution No. 2004 -89 Relating to Agreements; Approving an Intergovernmental Agreement between Town of Marana and the State of Arizona Department of Transportation (ADOT) for the design and construction by ADOT of an improved eastbound on- ramp at Cortaro Road and I -10. DISCUSSION The intersection of Cortaro Road and I -10 is currently experiencing congestion problems and drivers are facing lengthy queues and delays on a daily basis. One of the reasons for this congestion is the difficulty that the drivers are experiencing in accessing I -10 via the eastbound on -ramp from Cortaro Road. The on -ramp currently contains only one travel lane and a very short merge area within which drivers contend for position while trying to enter the on -ramp. This bottlenecking condition is unsafe and helps to create the congestion situation on Cortaro Road. In order to alleviate this situation, the Town is proposing to enter into the attached Intergovernmental Agreement with the State of Arizona, Arizona Department of Transportation (ADOT), by which ADOT agrees to design and construct a wider, more efficient eastbound on- ramp as part of their ongoing widening project on I -10 in the Marana area. Pursuant to this Agreement, the Town will be responsible for 100 percent of the cost of said design and construction, estimated not to exceed $200,000.00. RECOMMENDATION Staff recommends approval of the Intergovernmental Agreement described above. SUGGESTED MOTION I move to adopt Resolution No. 2004 -89. State Legislative Issues MAR/JCB 061301200414:18 PM MARANA RESOLUTION NO. 2004-89 RELATING TO ROADWAY IMPROVEMENTS; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AND CONSTRUCTION E N OF W AN IMPROVED OF ARIZONA FOR THE D ESIGN EASTBOUND ON -RAMP AT CORTARO ROAD AND I -10. WHEREAS, the Town of Marana, Pima County, Arizona, recognizes its duty to protect the health, safety and welfare of its citizens and the general motoring public within its corporate limits; and WHEREAS, the State of Arizona, Arizona Department of Transportation (ADOT) currently has a consultant under contract to provide design services for the interim widening improvements of I -10 in the Town of Marana and said consultant has agreed to provide the design services thereof; and WHEREAS, the Mayor and Council of the Town of Marana feel it is in the best interest of the public to enter into this Intergovernmental Agreement. NOW, THEREFORE, BE IT RESOLVED, BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the Intergovernmental Agreement between the Town of Marana and the State of Arizona, attached to and incorporated by this reference in this Resolution as Exhibit "A" is hereby authorized and approved. The Mayor is hereby authorized to execute said Exhibit "A" and the Town Clerk is hereby authorized to attest thereto for and on behalf of the Town of Marana. PASSED, ADOPTED AND APPROVED by the Mayor and Council of the Town of Marana, Arizona, this 6`" day of July, 2004. Mayor Bobby Sutton, Jr. ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney AG Contract No.KR03- 1700TRN ADOT ECS File No. JPA 03 -104 Project No.: 1 010 -D406 TRACS No.: H4582 01 D & 01 C Budget Source, Item No.: 10404 INTERGOVERNMENTAL AGREEMENT BETWEEN . THE STATE OF ARIZONA AND THE TOWN OF MARANA 2004, pursuant to THIS AGREEMENT is entered into 1 -954, as amended, between the STATE OF Arizona Revised Statutes, Sections 11 -951 through 1 ARIZONA, acting by and through its DEP and OF pts May N and T own Oounc le State ") and THE TOWN OF MARANA (the . "Town"), acting y d I. RECITALS 1. The State is empowered by Arizona Revised Statutes ec this agreement on behalf of the State and has delegated to the undersigned the authority to exec a9 2. The District is empowered by Arizona hed hereto Revised and made a part he�eofteesolved to agree ter into ent a nd has by resolution, a copy of which is attached this agreement and has authorized the undersigned to execute this agreement on behalf of the District. 3. incident to an ongoing State widening improvements of 1 -10 in the Marana area, the Town requests the he State tnstruct improvements to the To o design and co wn, hereinafter eferred to as the "Project'. Th eastbound rties hereto agree that he Sta a will on behalf of the To design and construct and the Town will be responsible for 100 %° of the cost of design and construction estimated not to exceed $200,000.00. THEREFORE, in consideration of the mutual agreements expressed herein, it is agreed as follows: Page 2 JPA 03 -104 II. SCOPE OF WORK 1. The State will ent, invoice the Town in the amou ual des� 0 00,000.00 for the a. Upon execution of this agreem ant and estimated costs of the Project, which shall a with the Project Payment the estimated amount will be construction contractor payments associate due (30) days after receipt of an invoice from the State. b. Upon receipt of the estimated funds from the Town, agree to and provide o agent for the Town. On behalf of the Town, the State will contract with its design consultant design plans, specifications and other such documents required for the Project the final stages of des ign completion. The Town may provide design review comments and will approve advertisement for construction. c. Call for bids and award one or more construction eSons'ble rforsany the contractor claims Administer S for extra and make all payments to the contractor(s). Be p compensation due to delays for whatever reason attributable to the State. On behalf of both parties herein, accept the Project upon completion. d. Upon completion of the construction of the Project, provide the Town with a recapitulation of the Project costs, along with an invoice costs for the cement, for the difference between the estimated amount paid by the Town and the actual 2. The Town will: a. Designate the State as authorized esthmated not B to exceed $200,000-00. ctual costs for of the design and construction of the Project, cur b. Upon execution of this agreement and within 30 days after receipt of an invoice, remit to the State $200,000.00 for the estimated costs of the Project. c. Review the design plans, specifications and other such documents and provide comments as necessary. d. Be responsible for any design consultant claims for extra compensation attributable to the Town. f. Upon completion of the Project, reimburse the State should the actual costs exceed the estimated amount within 30 days after receipt of an invoice fro m the III. MISCELLANEOUS PROVISIONS . 1. This agreement shall remain in force and effect can completion t any time prior Project o the award reimbursements; provided, however, that this agreement, may be of the Project's consultant contract, with sixty days written notice to the other party. 2. This agreement shall become effective upon filing with the Secretary of State. 3. This agreement may be cancelled in accordance with Arizona Revised Statutes Section 38 -511. 4. The provisions of Arizona Revised Statutes Section 35 -214 are applicable to this contract. i J PA 03 -104 Page 3 5. In the event of any fo fort nt for public works contracts n An ona Revised Statutes Section abide y required arbitration as is set foh for p 6. All notices or demands upon any party to this agreement shall be in writing and shall be delivered in person or sent by mail addressed as follows: Arizona Department of Transportation Town of Marana Public Works Department Joint Project administration 3696 W. Orange Grove Road 205 South 17 Avenue, MD 616E Tucson, AZ 85741 Phoenix, Arizona 85007 7. This agreement is subject to all applicable app licable plicable federalregulations un includ ng Law 101 -336, 42 U.S.C. 12101-12213) and ) CFR Parts 35 and 36. The parties to this Arizona agrment shall d comply ere n by ng N _ .issued by the Governor of the State of Discrimination'. 8. Non - Availability of Funds: Every payment alloca allocated for payment of this contract If upon the availability of funds appropriated re not allocated and available for the which the funds are available. this ' No I ability rshalll accrue t terminated State in the t the end of the period for event this provision is exercised, and the State shall not be obligated or liable for any future payments or for any damages as a result of termination under this paragraph. 9. In accordance with Arizona Revised Statutes Section 11 -952, (D), attached hereto and incorporated herein is the written determination of each party's legal counsel that the parties are authorized under the laws of this state to enter into this agreement and that the agreement is in proper form. e parties have executed this agreement the day and year first above written. IN WITNESS WHEREOF, th TOWN OF MARANA STATE OF ARIZONA Department of Transportation Y By B SUSAN TELLEZ BOBBY SUTTON Jr. Contract Administrator Mayor ATTEST: B y JOCELYN C. BRONSON Town Clerk G:03 -104 -Town of Marana -I -10 /Cortaro improvements 12Jan2004 ly JPA 03 -104 APPROVAL OF THE TOWN OF MARANA ATTORNEY I have reviewed the above referenced intergovernmental agreement between the DEPARTMENT OF TRANSPORTATION, INTERMODAL TRANSPORTATION DIVISION, and the TOWN OF MARANA, an agreement among public agencies which, has been reviewed pursuant to A.R.S. section 11 -951 through 11 -954 and declare this agreement to be in proper form and within the powers and authority granted to the Town under the laws of the State of Arizona. No opinion is expressed as to the authority of the State to enter into this agreement. DATED this day of , 2004. ttor �07/N OF. TOWN COUNCIL MEETING TOWN OF MARANA 9 M RAN 7 INFORMATION fig, N pa MEETING DATE: July 6, 2004 AGENDA ITEM: IX. A. 3 TO: MAYOR AND COUNCIL FROM: Jane Howell, Human Resources Director SUBJECT: Discussion/Action:: Relating to Employment for Seniors; Approving a request for $5,000 to partially fund a non - profit employment program called Employment Opportunities for Seniors DISCUSSION Roger Forrester, an active citizen of the Town of Marana, has requested financial support for a new program, Employment Opportunities for Seniors, which will operate under the umbrella of the Pima Council on Aging, located in Tucson. The purpose of the program is to provide employment opportunities for seniors (over age 50) and supply well- qualified, experienced applicants who meet the staffing requirements of the business community. Attached is the Mission, Guiding Principles and Components as Exhibit A. The program is patterned after a long - running and very successful placement program in Columbus, Ohio, which has attracted government and private funding in order to operate. Pima County has donated office space and utilities; other contributors are providing office equipment and a fax machine. Organizers expect to solicit other public monies, private donations, grants, bequests and trusts to implement and sustain this new initiative. A copy of the Initial Annual Operating Budget is attached as Exhibit B. Mr. Forrester is the Project Administrator and will oversee two other paid positions. Initially, volunteer staff will perform a variety of employer relations, applicant processing and support services tasks. As the program grows, the number of staff and volunteers may be adjusted to meet increases in applicant volume. The Town's financial support will help to establish the program. RECOMMENDATION Human Resources staff recommends approval of a donation of $5,000 to Employment Opportunities for Seniors. SUGGESTED MOTION I move to approve a donation of $5,000 to Employment Opportunities for Seniors. Employment for Seniors 0710112004; 4:05 PM, ,IH Mission To make employers aware of the value of seniormffldft To ensure that senior job applicants are prepared fawilft meaningful employment. To provide pools of well - qualified senior applicauft et the staffing needs of employers. Guiding Principles Demonstrate that it makes good business sense to bivwbrs. Establish close, supportive and ongoing relations ' employers. Emphasize collaboration and develop strong commukprtnerships. Avoid duplicating services in the community. Ensure equal opportunity for all senior job applica. Treat all senior job applicants with sensitivity and reWn Serve as a positive model for other communities Components Develop job opportunities throughout the business seft, Attract qualified and experienced applicants. Assess applicants' skills and interests. Refer applicants to training providers, if work related need improvement. Match applicants' skills with the required skills and pbft Ihem in meaningful positions. Track and evaluate results. 2 ANNUAL OPERATING BUDGET Actual In -Kind Total Compensation for Four Core Positions Salaries $ 90,000 Fringe Benefits (8% of Base) $ 7,000 Office Space and Utilities (Donated by Pima County) $10,000 Equipment and Supplies: $ 3,500 Copier, fax, land & cell phones (donated) $ 2,000 Computer Hardware & Software (donated) $ 3,000 Furniture (donated) $ 3,000 Supplies & Postage Telephone Lines Marketing $ 3,500 TOTAL $104,900- $18,000 FUNDING PLAN FOR PROGRAM DEVELOPMENT AND IMPLEMENTATION Employment OPPo Opportunities For Seniors is a Pima Council on Aging (PCOA) program that is strongly supported by the PCOA Executive Director and the PCOA Board of Directors. Our top priority at this time is to secure program development funds and in- kind gifts from local and state governments and private donations from businesses, foundations and individuals. We believe that timely public and private donations are essential to ensure that the program can be implemented in the near future and that the project does not lose positive momentum. The project team is devoting a majority of its time and effort to securing immediate funding. Grant proposals are being directed to local, state and national foundations that have indicated an interest in funding programs dedicated to the support of seniors. The program has fee office space including utilities, provided by Pima County. We have pledges of financial support from a number of Tucson businesses. A local non -profit organization and a bank have donated office furniture and equipment. We are awaiting 10 word from numerous businesses related to funding the Program- 6 10WN mR' TOWN COUNCIL MEETING TOWN OF MARANA 9MRN 7 INFORMATION` gRIZON' MEETING DATE: July 6, 2004 AGENDA ITEM: IX. A. 4 TO: MAYOR AND COUNCIL FROM: Kevin Kish, Interim Planning Director SUBJECT: Resolution No.2004 -94: Relating to Subdivisions; Approving a Final Plat for Continental Reserve Block 15. DISCUSSION The project property is located within the Continental Reserve Master Planned Area, south of Continental Reserve Loop Road, west of Pima Reserve Drive on Block 15 of the Continental Reserve Final Block Plat. The land use designation within the Pima Farms Specific Plan is MDR (Medium Density Residential) which allows for 3 to 6 residences per acre. This project provides lot sizes from a minimum of 7,621 square feet to a maximum of 17,070 square feet, with an average lot size of 9,323 square feet. Minimum setbacks are 20' front, 5' side and 10' rear. Common Areas provided on the plat are "D ", used for drainage, and "E ", used for landscaping. This subdivision is affected by the Development Sensitive Overlay requirements as stated in the Pima Farms Specific Plan. Buffers at the south property line are 50' per the requirements of the Development Sensitive Overlay. The 50' buffer is not intended to be undisturbed as it supports a utility easement, a driveway easement, and a trail easement, but is a building setback. The maximum building height shall not exceed one story or 24' in the Development Sensitive Overlay area, and lots adjacent to Continental Reserve Loop are limited to single story as stipulated in General Notes 17 and 22. The Master Developer of Continental Reserve has provided a regional park and an extensive pedestrian and equestrian trail system. Individual blocks are not required to provide on -site recreation. A developed trail entrance and connection is located in the cul -de -sac at the end of Blue Brick Drive, and via the sidewalk at Continental Reserve Loop Road. The Continental Reserve Master Homeowners Association will be responsible for implementing the 5' wide equestrian path within the 30' equestrian easement along the western boundary of Block 15. This project proposes one entrance from Continental Reserve Loop Road. Due to the narrow shape of the parcel and the sensitive nature of the surrounding property it was not possible to design a second entrance. Circulation within the project is achieved by the use of two cul -de- sacs and a loop road. The street section utilizes a 44' right -of -way with travel lanes of 14' wide. This plat was under review when the new street standards came in effect and is subject to the street standards in effect at the time. New public streets total 0.7 miles. All streets are public in this project. 070604 PRV -03112 Continental Reserve Block 15 Final Platl.doc The Plat is in the Marana South Transportation Benefit Area, so impact fees will be collected at the time of building permitting. Staff has reviewed the plat for conformance with the Land Development Code, the General Plan, the Pima Farms Specific Plan, the Continental Reserve Block Plat, and the Continental Reserve Production Homebuilder Design Guidelines. Staff finds the proposal meets all applicable requirements. RECOMMENDATION Staff recommends approval of Resolution No. 2004 -94 approving a final plat for Continental Reserve Block 15. SUGGESTED MOTION I move to approve Resolution No. 2004 -94. -2- 070604 PRV -03112 Continental Reserve Block 15 Final Platl.doc MARANA RESOLUTION NO. 2004-94 RELATING TO SUBDIVISIONS; APPROVING A FINAL PLAT FOR CONTINENTAL RESERVE BLOCK 15. WHEREAS, on May 30 1989 the Town of Marana adopted Ordinance 89.20 approving the Pima Farms Specific Plan; and WHEREAS, U.S. Home is the owner of approximately 19.80 acres within the Continental Reserve boundary generally located in Sections 28 and 33, Township 12 South, Range 12 East, and has applied to the Town of Marana for approval of a Final Plat for 66 single family detached home lots on 19.80 acres, including lots 1 through 66 and common areas "D" and "E "; and WHEREAS, the Marana Town Council, at its regular meeting of July 6, 2004 has determined that the Final Plat for Continental Reserve Block 15, should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Final Plat for Continental Reserve Block 15, submitted by U.S. Home for a 66 -lot subdivision located within the boundary of Continental Reserve, on the south side of Continental Loop Road and west of Pima Reserve. Drive, o to with th and 33, Marana Ordinance South, Range 12 East is hereby approved subjec 2004.04 relating to Residential Design Requirements, as approved by the Town Council on January 20, 2004. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6 th day of July, 2004. Mayor BOBBY SUTTON, JR. ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Marana Resolution No. 2004 - 94112:01 PM TORN OF MARANA Planning and Zoning Department MARANA 3696 W. Oranae Grove Road ♦ Tucson. AZ 85741 (520) 297-29 Fax: (520)297--' PLANNING & ZONING APPLICATION 1. TYPE OF APPLICATION (Check One) ❑ Preliminary Plat ❑ General Plan Amendment ❑ Variance X Final Plat ❑ Specific Plan Amendment ❑ Conditional Use Permit • Development Plan ❑ Rezone ❑ Other • Landscape Plan ❑ Significant Land Use Change • Native Plant Permit 2. ',GENERAL DATA REQUIRED Assessor's Parcel Numbers) 221 -21 -12803 General Plan Design 1 (To be confirmed by staff) Gross Area (Acre /Sq. Ft.) 19.80 Ac or 862,488 sq. ft. Current Zonin MDR/Specific Plan (To be confirmed by staff) Development/ i CONTINENTAL RESERVE Proposed Zoning Project Name Project Location Portions of Sections 28 & 33, T12S, R12E, Marana, Pima County, Arizona Description of Project Block 15 of Book 53 of M &P at Page 35 Property Owner Title Security Agency of Arizona, Trust x`804 Street Address Cite State 6390 E. Tanque Verde Tucson Arizona Zip Code Phone Number Fax Number E -Mail Address 85715 885 -1600 1 liogel;atitlesecurity.com Contact Person Phone Number Leslie Hogg Applicant U.S. HOME CORPORATION . Street Address 5151 E. Broadway Boulevard, # 1 100 City State TUCSON ARIZONA Zip Code Phone Number Fax Number E -Mail Address 85711 747 -0997 747 -0989 Contact Person Phone Number Kevin Tarbox 747 -0997 A ent/Re p resentative OPW ENGINEERING, LLC Street Address 7000 E. TANQUE VERDE ROAD. #37 City State TUCSON ARIZONA Zip Code Phone Number Fax Number E -Mail Address 85715 296 -8544 296 ?356 barbeeCopeengineering.com Contact Person Marana Business License No. Barbee Hanson 102946 3. AUTHORIZATION'OF PROPERTY OWNER' I. the undersigned, certify that all of the facts set forth in this application are true to the best of my knowledge and that I am either the owner of the property or that I have been authorized in writina by the owner to file this application. (If not owner of record, attach written authorization from the owner.) Barbee Hanson Print Name of A licant/AQent Signature Date ((�� FOR OFFICE USE ONLY Case No. P ' 0311 F Date Received )/ 9 1 p 4L Receipt No. CRW No. Received B ` v Fee Amount 09/12102 23099\forms \p &zapplication c Contin Block 15 k% raw', mail M I • • a•a a IIIIIIIID /� ♦ ♦� �� Q ,� : p114�ri� . • Ii \ � 1► • % ♦i��� �1�� ��� i i �: � � ■■■� �i� ►!�` O,� iliiiii • _ Reserve 11111.. 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S7 FP CA Al \> f0 5 a o > O I I coo "or-z 30:� 8ym �w Nm z n �� s fA z F xN o .$ \\ op, 24 as F I M I ut B c r a x r� Z m g0 ' _ gyro 0 in ow jo ro I \ < 8Y• Sw y a \ titi -0 a0 NA co v o ? I \\ z� ° o 9e O z o \ A < L4 1 Q ' 0 b CO � ggl to ✓ D w7WCC�' > Z O w mQ D n wo A \ \\ • z z� m m zm � 6 Z 6 �w• �cZ D LnT ��� uCi M Y Itz— ��O a $ uP ami� p (� �1 -� I'�1 TP z� ? "UAOT� zr fn� < 0n 1 pWN p TOWN COUNCIL MEETING TOWN OF MARANA 9 M � ; INFORMATION gRrz oN� MEETING DATE: July 6, 2004 AGENDA ITEM; IX. A. 5 TO: MAYOR AND COUNCIL FROM: Kevin Kish, Interim Planning Director SUBJECT: Resolution No.2004 -92: Relating to Subdivisions; Approving a Final Plat for Continental Reserve Block 16A. DISCUSSION The project site is located south of Pima Reserve Drive and southeast of Continental Reserve Loop Road, in the Pima Farms Specific Plan. It is in the second phase of the Continental Reserve development. The south property line of the subdivision abuts existing low - density residential uses. The Specific Plan calls for fifty and seventy -five foot setbacks from existing properties along the southern boundary. On both the east and west sides of the subdivision there is a natural resource easement. The land use for this project is Medium Density Residential per the Pima Farms Specific Plan. The minimum lot size in this project is 6,608 square feet on lot number 70, and the maximum is 14,880 at lot number 38. The average lot size is 8,161 square feet. The required setbacks for MDR are 20' front, 5' side, and 10' rear. Lots 11 through 14 are adjacent to Continental Reserve Loop Road and will be restricted to single story homes. All lots in the approximately lower one - third of the project are subject to the requirements of the Development Sensitive Overlay as described in the Pima Farms Specific Plan, limiting building heights to two -story or 24 feet. The Master Developer of Continental Reserve has provided a regional park and an extensive pedestrian and equestrian trail system. Individual blocks are not required to provide on -site recreation. A developed trail entrance and connection is located via the sidewalk at Pima Reserve Drive. There are 7.91 acres of common area, including open space, drainage and utilities, which will be maintained by a Homeowners Association. Ingress and egress will be provided to the project by two streets entering from Pima Reserve Drive. On -site circulation is achieved with five cul -de -sacs and four connector streets. The street section shows the street widths at 42', with 14' travel lanes, 2' curbs, and 5' sidewalks. This plat was submitted prior to the new street section requirement, and was subject to the street standards in place at the time of the Preliminary Plat. The Plat is subject to the Marana South Transportation Benefit Area impact fee. These impact fees will be collected at the time of building permitting. Staff has reviewed the plat for conformance with the Land Development Code, the General Plan, the Pima Farms Specific Plan, 2004 -92 Continental Reserve Block 16A Final Plat.doc the Continental Reserve Block Plat, and the Continental Reserve Production Homebuilder Design Guidelines. Staff finds the proposal meets all applicable requirements. RECOMMENDATION Staff recommends approval of Resolution No.2004 -92 approving a final plat for Continental Reserve Block 16A. SUGGESTED MOTION I move to approve Resolution No.2004 -92. -2- 2004 -92 Continental Reserve Block 16A Final Plat.doc MARANA RESOLUTION NO. 1004-92 RELATING TO SUBDIVISIONS; APPROVING A FINAL PLAT FOR CONTINENTAL RESERVE BLOCK 16A WHEREAS, Pulte Homes, Inc., the owner of ContineReserve Block 16A has applied for approval of a Final Plat for 111 single family detached homes on 34.75 acres, comprising Block 16A, and including lots 1 through 111, and Common Area "A7 and is generally located at south of Pima Reserve Drive and southeast of Continental Rome Loop Road, within Sections 28 and 33, Township 12 South, Range 12 East, and WHEREAS, the Town Council, at their regular meeting on July 6, 2004 has determined that the Continental Reserve Block 16A Final Plat should be approved. of NOW, THEREFORE, BE IT RESOLVED k the � Plat, i l h residential Ma Arizona, that Continental Reserve Bloc subdivision within the Continental Reserve Block Plat and generally located south of Pima Reserve Drive and southeast of Continental Reserve Loop Road, within Sections 28 and 33, Township 12 South, Range 12 East, is hereby approved subjet to conformance with Marana Ordinance 2004.04 relating to Residential Design Requiremms, as approved by the Town Council on January 20, 2004. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6 day of July 2004. ATTEST: Mayor BOBBY SUTTON, JR. Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Resolution No. 2004 -92 t pw �. of TOWN OF MARANA Planning and Zoning Department 9 MARANA 7 3696 W. Orange Grove Road + Tucson, AZ 85741 . (520) 297 -2920 Fax: (520) 297 -3930 gkIZO`tP PLANNING & ZONING APPLICATION 1 TYPE OF APPLICATION (Check One) ❑ Preliminary Plat ❑ General Plan Amendment ❑ Variance X Final Plat ❑ Specific Plan Amendment ❑ Conditional Use Permit ❑ Development Plan ❑ Rezone ❑ Other ❑ Landscape Plan ❑ Significant Land Use Change ❑ Native Plant Permit 2." GENERAL DATA RE UIRED Assessor's Parcel General Plan Designation Master Planning Number(s) 221 - 21 - 1280 (To be confirmed by staff) Area Gross Area (Acre /Sq. Ft.) Current Zoning Pima Farms 34.75 ac (1,513,710s.f.) (To be confirmed by staff) Specific Plan ( R) Development/ Proposed Zoning Project Name Continental Reserve Block 16A Same Project Location Section 28 & 33 T -12 —S, R -12 —E Description of Project Single Family Detached Homes Property Owner Pulte Home Corporation Street Address ;6893 N. Oracle Road, Suite 121 City Tucson State AZ Zip Code Phone Number Fax Number E -Mail Address 8. 520- 229 -6000 520- 229 -6001 Contact Person Phone Number • Paula Meade 520 -229 -6000. Applicant Pulte Home Corporation Street Address 6893 N. Oracle Road, Suite 121 City Tucson State AZ Zip Code Phone Number Fax Number F -Mail Address 85704 520 -229 -6000 520 -229 -6001 Contact Person Phone Number Paula Meade 520 - 229 -6000 Agent/Representative MMLA , Inc. Street Address 800 E. Wetmore Road, Suite 110 City Tucson i State AZ Zip Code F520-292-2300 hone Number Fax Number E -Mail Address 85719 520 - 292 -1290 I pdavis @mmla.com Contact Person Martina Business License No. Pattie Davis -3. AUTHORIZATION OF PROPERTY OWNER.. I, the undersigned, certify that all of the facts set forth in this application are true to the best of my knowledge and that I am either the owner of the property or that I have been authorized in writing by the owner to file this application. (If not owner of record, attach writ authorization from the owner.) G 7 D Print Name of A licant/A ent Signature Date FOR OFFICE USE ONLY Case No. � Date Received 14h I d y' Receipt No. • C.RW No. _&V Q ()Q P- Received By Of AA AAlk Fee Amount m:12,"_ e: ,� ��•w. e C Bl • PENN �♦ � X11► i ♦i ♦�� ♦�Q ♦�� ♦•� � � �� ♦ ♦ ��w �1�` Iii ♦♦ • � � ;� ■ilin► � ���,�� ��� ���� tiL � ��. o� O ♦ O n■ ,• X1'11, -. �O i ii/ O � p���0� ��• r ` ` ♦j ♦ � ♦,I,� , ,;`j am I� �� ►��A= ♦� ,� ♦j. -■ _ ;� I •� �`�� /11111 .. ��� , ,i � 11•�� ■ \ �� � \i �y ��� ♦♦� ♦ ♦ ♦ III I �� � •' � �� /fin �� ��� Bl ock • ` of • Qo M rnv+.w�:.: ., a > s A a c C � � " r 2 L ; c L NR1 'C W O �a�C� A A D Z � .� � : • g �. 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OpA A y[�1 N•.•N OO11 W W CA .•. ppm W P W W N N A W r;..NOpO/ W W O m1 N V A O+r +�g UOOACANNs v 1O x2 419 •D 10 � V V � W BCH � 10 -•'. t0 U1 CT A V ( 1 , D � 1 �j �4S J_4S Cn C j C4��.p M 'w.tcnvlyl� aw�Eut l �. i, 4411 'c.P:^?'4�n �� � 11 i�;gbobo�m C4 Aw �1 � ma����D ' A. pO;A W W 111 � 1p 01 A O C 0 pO �V � O 0 W 0 �� r mmmmmmmaEg7ggm mmmmm m m 9 8 Z . rn Q s C N Z W RI OW01 + V 8.,1 O - O )r • Np ± p ONp V NO n . � r ZS °z >'+ b� \ s — W Z T 1 \ A L7 • / v o � n o D m . 5Ad30M0 C"-02FP%.4k SAM 6 Sm: F,4 M 2001, &57an BOOK PAGE Y �pWN pp TOWN COUNCIL TO OF MARANA , ,— , MEETING 9 ANA 7 INFORMATION zo MEETING DATE: July 6, 2004 AGENDA ITEM: IX. A. 6 TO: MAYOR AND COUNCIL FROM: Kevin Kish, Interim Planning Director SUBJECT: Resolution No. 2004 -93: Relating to Subdivisions; Approving a Final Plat for Continental Reserve Block 16B. DISCUSSION The project site is located south of Pima Reserve Drive and west of Wade Road, in the Pima Farms Specific Plan. This property is at the south end of the Continental Reserve Master Plan Area, and abuts low- density residential on the south. A fifty and seventy -five foot buffer area is provided all along the south end of this property in accordance with standards within the Pima Farms Specific Plan. Common area "A ', including open space, drainage and utilities, is provided in the amount of 6.00 acres. The land use for this project is Medium Density Residential per the Pima Farms Specific Plan. The minimum lot size in this project is 7,215 square feet on lot number 29 and the maximum is 13,607 at lot number 57. The average lot size is 10,411 square feet. Lots 14 through 30 are within the Development Sensitive Overlay area and will be restricted to one - story, P Y or a maximum of 24' height. Lots 53 through 58 are adjacent to Wade Road and will be restricted to single -story homes on lots of 12,000 square feet or greater. The Master Developer of Continental Reserve has provided a regional park and an extensive pedestrian and equestrian trail system. Individual blocks are not required to provide on -site recreation. Trail connection is provided via the sidewalk at Pima Reserve Drive. Ingress and egress will be provided to the project by two streets entering from Pima Reserve Drive. On- site circulation is achieved with four cul -de -sacs and a connector street. The street section shows the street widths at 42', with 14' travel lanes, 2' curbs, and 5' sidewalks. This plat was submitted prior to the new street section requirement, and was subject to the street standards in place at the time of the Preliminary Plat. The Plat is subject to the Marana South Transportation Benefit Area impact fee. These impact fees will be collected at the time of building permitting. Staff has reviewed the plat for conformance with the Land Development Code, the General Plan, the Pima Farms Specific Plan, the Continental Reserve Block Plat, and the Continental Reserve Production Homebuilder Design Guidelines. Staff finds the proposal meets all applicable requirements 070604 PRV -03108 Continental Reserve Block 16B Final Plat.doc i a i RECOMMENDATION Staff recommends approval of Resolution No. 2004 -93., approving a final plat for Continental Reserve Block 16B. SUGGESTED MOTION I move to approve Resolution No. 2004 -93. -2- s MARANA RESOLUTION NO. 2004-93 RELATING TO SUBDIVISIONS; APPROVING A FINAL PLAT FOR CONTINENTAL RESERVE BLOCK 16B. WHEREAS, Diamond Ventures, Inc., the owner of Continental Reserve Block 16B, has applied for approval of a Preliminary Plat for 86 single - family detached homes on 29.42 acres, comprising Block 16B, including lots 1 through 86, and common area "A "; and WHEREAS, the Town Council, at their regular meeting on July 6, 2004 has determined that the Continental Reserve Block 16B Final Plat should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Continental Reserve Block 16B Final Plat, an 86 -lot residential subdivision within the Continental Reserve Block Plat and generally located south of Pima Reserve Drive and west of Wade Road, within Sections 28 and 33, Township 12 South, Range 12 East, is hereby approved subject to conformance with Marana Ordinance 2004.04 relating to Residential Design Requirements, as approved by the Town Council on January 20, 2004. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 6th day of July 2004. Mayor Bobby Sutton, Jr. ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Resolution 2004 -93 Continental Reserve Block 16B Final Plat.doc = � TOWN OF AIARANA MARANA Planning and Zoning Department • �,�,,/ 3696 W. Orange Grove Road + Tucson, AZ 85741 w` (520) 297 -2920 Fax: (520) 297 -3930 PLANNING & ZONING APPLICATION 1: ; =TYPE'OF APPLICATION (Check One) ❑ Preliminary Plat ❑ General Plan Amendment ❑ Variance M Final Plat ❑ Specific Plan Amendment ❑ Conditional Use Permit ❑ Development Plan ❑ Rezone ❑ Other ❑ Landscape Plan ❑ Significant Land Use Change ❑ Native Plant Permit 2 GENERA 14ATA'REQUIRED „ ...... I Assessor's Parcel I General Plan Designation Number(s) '221- 21 -129A (To be confirmed by staff) Gross Area (Acre /Sq. Ft.) Current Zoning 29.5 a sf (To be confirmed by staff) 11DR Development/ Proposed Zoning Project Name Continental Reserve Block 16B MDR Project Location Marana, AZ Description of Project I Single family residential subdivision, Lots 1 -86 'a Common Area A Properly Owner HB L and Development Co. c/o Diamond Ventures Street Address 2200 E. River Rd., Ste. 115 city Tucson state AZ Zip Code Phone Number Fax Number E -Mail Address � 85713 520- 577 -0200 520 - 299 -5602 . Contact Person Phone Number Mark Weinberg 520 - 577 -0200 Applicant Stantec Consulting, Inc. Street Address City State 201 N. Bonita Ave. Tucson AZ �k j Zip Code Phone Number Fax Number E -Mail Address .85745 520 - 750 -7474 520 -750 -7470 Contact Persons Phone Number Warren D. Thompson, PE 520 -750 -7474 Agent/Representative Street Address I City State Zip Code Phone Number Fax Number E - Mail Address �VW - Contact Person Marana Business License No. } - 3A HORIZTTO fl� RTY OERN }� I, the undersigned, certifi- that all of the facts set forth in this application are true to the best of my knowledge and that I am either the owner of the property or that I have been authorized in writing by the ner t le this application. (If not owner of record, attach written authorization from the owner.) 1 Warren D. Thompson, PE �1 61 0 4. Print Name of Applicant/Agent Si nature Date F I OR OFFICE USE ONLY • Case No. �r�I Q,1 o� Date Received M Receipt No. p CRW No. 1 QY 0 Received By Fee Amount 0912,102 - Continental Reserve MARANA Block 16B =/ I \ CASE No 03108F TOWN OF MARANA I i i 0 m Block 16B l � 1 I � i I REQUEST Request for approval of a 86 -lot single - family subdivision on 29.42 acres within the Pima Farm Specific Plan. 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'ki• X 6 s v I N� 4 i� `g k! OOOL -- - - -- ss _ — ,000L ,Fd'99 t, "� I —_— 860 � I J �`"• N >' I F 1L99L �^ Cl 660 g ( du'°0 XoB _ ,lF't[f M,9F,0MON c i 2 \ ZgtN L S90L `009L _.,-_ HY--- NF �� 6J.7 ?' a I - -- p� - SS.' I Ol' a y I I �Di'� - ,v,- 9010 •,ow. ° ; \ tj a cn yu, ti � w N V ' " - 4 V`� N <� M 60 o5'ls a0tB to 9L 10'9[ do 06 A ,BSW M,LS,dGOON ,l9'dBS M,ZS,d£.00N b g �GGJr S �llgnd PD aPDM W� 0 0 m 7 g O �Z0 1 L, �0 QZm v n m � O N Z . UD C Q 0 'ay W m +I to r r W -) Z�pp DWA 0 D C A O �J t3. .•S..t Z C)D D '' a ZZOm rnp - Z ^ a Q z mm 11 v; tomA0 D �o0TJ Z ?D�M��� Z N I O —{ �g7CmvZ m Q 00 m woc��,Z ry aDWO D (� o IV OD(Aci 00 -n 7, W M D W W �-4 L4 m O BOOK PAGE T OR' TOWN COUNCIL OWN MEETING TOWN OF MARANA ; M R NA ; INFORMATION MEETING DATE: July 6, 2004 AGENDA ITEM: IX. A. 7 TO: MAYOR AND COUNCIL FROM: Kevin Kish, Interim Planning Director SUBJECT: Resolution No. 2004 -90: Relating to Subdivisions; Approving a Final Plat Resubdivision for Safeway Store #1749 Lot 6. DISCUSSION This application is for the resubdivision of a portion of the final plat for Safeway Store #1749 on approximately 7.2 acres (315,348 square feet) within the Continental Ranch Specific Plan, generally located at the southeast corner of Silverbell and Twin Peaks Roads, adjacent to the Twin Peaks Elementary, Section 20, Township 12 South, Range 12 East. The Final Plat was approved by Town Council on May 20, 2003 and consisted of Lots 1 -6 and Common Area "A ". This resubdivision only affects lot 6 of the original subdivision. Safeway is the current owner of Lot 6 and is requesting to further divide this lot into Lots 6 and 7. Lot 6 would then encompass the "Shops 8" building as previously approved on the Safeway Development Plan. This split would allow the 67,531 square feet of Lot 6 to be sold off to Tri Plus Partners, who will be constructing the "Shops 8 ". Lot 7 will be approximately 247,817 square feet. Staff has reviewed the requested changes and the plat meets the requirements of the underlying zoning district. All applicable development standards are adhered to in this Final Plat. RECOMMENDATION Staff recommends approval of Resolution No. 2004 -90, approving a Final Plat for the resubdivision of Lot 6 of the Safeway Store #1749 Subdivision, PRV- 04015f. SUGGESTED MOTION I move to approve Resolution No.2004 -90. 061504 PRV -03098 Continental Ranch Retail Center Resubdivision Final Plat 05120104 MARANA RESOLUTION NO. 2004-90 RELATING TO SUBDIVISIONS; APPROVING A FINAL PLAT FOR THE RESUBDIVISION OF LOT 6 OF SAFEWAY STORE #1749 LOTS 1 -6 AND COMMON AREA "A" WHEREAS, the Town of Marana approved and adopted the specific plan for the area known as Continental Ranch on April 5, 1988 (Ordinance No. 88.09), located within the corporate boundaries of the Town of Marana, Arizona; and WHEREAS, Safeway, Inc. is the owner of approximately 7.2 acres within the Safeway Store #1749 boundary generally located at the southeast corner of Silverbell and Twin Peaks Roads in Section 20, Township 12 South, Range 12 East, and has applied to the Town of Marana for approval of a final plat for the resubdivision of lot 6 of the Safeway Store # 1749 on approximately 7.2 acres, including lots 6 and 7; and WHEREAS, the Mayor and Council have considered the application at the regular Town Council meeting held July 6, 2004 and has determined that the final plat for the resubdivision of Safeway Store #1749 meets all applicable requirements and should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Final Plat for the resubdivision of lot 6 of the Safeway Store #1749, submitted by Safeway Inc., generally located at the southeast corner of Silverbell and Twin Peaks Roads in Section 20, Township 12 South, Range 12 East, is hereby approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6th day of July 2004. Mayor Bobby Sutton, Jr. ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: • Frank Cassid , Town Attorney Y Safeway ® Resubdivision MARANN Final Plat \/\/\/\/ / I \ CASE NO PRV- 04015f TOWN OF MARANA Subject Property Twin Peaks Elementary j T Safeway i Data Disclaimer The Town of M—ona provides this map Information - As la' at Me request of the riser with the undersbndlnp Mrt ft Is not guaranteed to be actu &e. rtect or complete and eoncluelwn drawn from such Infotrn l are me N responsibility of the user. In Ywr apart The T °wogs —" be-- s tale to "'era 200 0 200 400 Feet M arty oth party. • for any loss dkeet. cf. tir 1. Inc id e ntal or 0 sesrdfal damages, p g o net t lknlof l ine to tlme, money or 00dwm wising from m us, or • �. or mo or M dae.. REQUEST A request to resubdivide Lot 6 of the Safeway Store #1749 Subdivision into Lots 6 and 7. Located in Section 20, Township 12S, Range 12E .,eaomn -w.. VAo. noA,b, W,ra,x>Npr.0 y No mNm No �mmo�nm En y � �zm A � m m m mNmm m z N m r- c Aj oa g �� zx _< do° � on H Z- fA•Im c `�o z cre DZ -4 0 9 ° K Z pn A z I m,*i zA � zT rnXzv= Z 'c z;u OF M Om. 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N W V O O ;3 Z u y uw�i g n U.S�a g p m H: P ° a moo° C ;:f��NN ° Y > .� E.s >S mm o Z,° o ° A m n m �. D yy �m m 2 CD Asa 3.> Z ZZ Vl N Z p. O o0 p C m m0;, C N ® y oar CY) Z DTI ° ° O �.p m c ". z! nN td m l C � p 0 6)) m ✓`, p V z N J O N O 'z_ i Z N BOOK PAGE { ,OWN OF TOWN COUNCIL MEETING TOWN OF MARANA v .MARANA 7 INFORMATION MEETING DATE: July 6, 2004 AGENDA ITEM: IX. A. 8 TO: MAYOR AND COUNCIL FROM: Michael Reuwsaat, Dick Gear SUBJECT: Discussion /Action: Relating to Davis Monthan AFB; Approving a financial contribution in support of DM's Survival DISCUSSION Since 1988 there have been four Defense Base Closure and Realignment Commissions (BRAC) that have resulted in the closure of 125 major military facilities, 225 minor military bases, and the realignment in operations and functions of 145 others. The final BRAC is scheduled for 2005. It is very important to the general economy of the Tucson Basin and the military strength of our country that Davis Monthan survives this final BRAC. In 1987, 50 local businessmen and women formed an organization known as the DM -50 to provide formal support to the efforts to ensure the long -term presence of this vital asset to our National Defense and local economy. Davis Monthan has successfully made it through the two previous BRACs, and the DM -50 want to enlist all interested parties within the Tucson region to see this base through the final BRAC. The DM -50 is currently working with the City of Tucson and Pima County to organize the efforts of all affected jurisdictions in southern Arizona. The DM -50 has engaged of one of the leading Washington military and defense spending consultants to assist them in ensuring that a compelling and professional presentation to our Congressional delegation, the Department of Defense and the independent BRAC is made for keeping Davis Monthan Air Force Base open. In addition, the City of Tucson has engaged retired General Gene Santorelli as a special consultant on this effort. General Santorelli has also been appointed by the Governor to Co -Chair the State Commission. The DM -50 is requesting financial help from all interested parties in the area to support this objective. This group has asked the City of Tucson and Pima County for $20,000 donations each, and has requested that the Town of Marana also participate in this worthwhile endeavor. RECOMMENDATION Due to the urgency of this need to support the continued mission of Davis Monthan, and the very important contribution this base makes to the economic vitality of the entire Tucson Basin, it is recommended that the Town of Marana contribute $5,000 to the DM -50. SUGGESTED MOTION I move to approve a contribution of $5,000 to the DM -50 in support of maintaining Davis Monthan AFB. BRAC 611012004 DG Cs 5 May18, 2004 To: Mayor Bobby Sutton Town of Marana from: Michael I Harris, President DM-50 1890 E. River Tucson, AZ 85718 Re: BRAC initiative funding request Mayor Sutton; I have sent a request similar to this to each oMpolitical jurisdictions in the region as well as made the request to a number d e li ber at ions. of le omits far I have had yes a particular interest in the outcome of the BRA from TEP, Sundt, Carondolet Health Car � e sai DM � ire pa e tho geit � of Tucson, Pima County and Oro Valley important that you see what we are doing and hope we can comen the Town of Marana to be a financial partner m this very specific effort. While $ ask 0 0000 ch. Pl City for $20,000 each we are asking the other groups $ give me a call if I need to follow this up with anything more . The presence of Davis - Monthan Air Force Base has been a critical componeut It► lhe economic well being of all of Southern Arizona and it's role in Homeland S and National us that ha been essential to the interests of the United Stat I an er in this region. as the BRAC process moves forward that DM can play g Please share this request with members of your Council and er and let me know if I might provide additional information that will assist you in included in this regional effort to ensure the future of and potential growth of Monthan. Background: p rovide a The DM - 50 was organized by 50 local businessmen and woman in 1987 top ersonnel formal means of support and continuity to the senior command dership of ways stationed at Davis - Monthan Air Force Base. We have done se a variety which are illustrated in attachment "x When Congress establided the Base t in Realignment and Closure (WRAC) act in 1988 the D� 1 our National defense s and the efforts to ensure the long -term presence of this ( local economy. Davis - Monthan successfully made it through the two previous BRAC rounds and is now preparing to deal with the 2005 congressionally mandated final BRAC process. The Secretary of Defense has publicly established a goal of closing 25% of all domestic military operating bases. Like every other base in the country, Davis- Monthan months. Challenge: While it would appear that Davis - Monthan is a strong and strategic base in its current operating mode it is essential that the Region of Southern Arizona deal with the BRAC process in an aggressive and professional manner in order to be certain it is not identified on the Commissions list of candidates for closure. Indeed, our initiatives will strive to create a recognition at the Federal level that Davis - Monthan is fully prepared to grow and take on additional military missions resulting from other base closures and realignments. Preparation: Attachment `B" illustrates the BRAC process and time line for decision making; also attached to the exhibit is the criteria to be used by the Commission in considering bases to include for closure. The Governor last year appointed a State Commission to ensure the future presence of Arizona military bases and the State Legislature is acting on the recommendations resulting from that Commissions work. The City of Tucson and Pima County has spent nearly two years working with the base in a Joint Land Use Study to ensure appropriate zoning, and ordinance implementation in areas around the base to avoid future encroachment of air space that could result in compromises to the bases' long term future. Tucson Unified School District has likewise dealt with a long standing problem of Keene Elementary School being in a particularly hazardous high risk flight path zone and ordered its closing this fall. Current Status: The DM -50 is currently working with the City of Tucson and Pima County in organizing the efforts to represent the interests of all effected jurisdictions in the Southern Arizona region. As a volunteer group the DM -50 has agreed to engage the professional assistance of one of the leading Washington military and defense spending consultants in order to be certain that the case of Davis - Monthan Air Force Base presented to our Congressional delegation, the Department of Defense and the independent BRAC Commission is done so in the most thorough, professional and compelling manner possible. The stakes are very high and we believe no stone should be left unturned in these efforts. In addition the City of Tucson has engaged retired General Gene Santorelli as a special consultant to work with us in coordinating with all the principals involved in this complex process. Gen. Santorelli has also been appointed by the Governor to Co -Chair the State Commission. On June 9, 10, and 11 we are scheduled to meet in Washington, DC with each of our Congressmen and Senators and through the aid of Sen. John McCain will be scheduled to meet with key Department of Defense and Pentagon officials. The agenda of these (3) meetings will include detailed analysis and illustrations of strategies to assist our delegation members and their staffs in securing their ongoing commitments to the future of Davis - Monthan. Request: The engagement of the Washington based DFI group headed by Barry Blechman, PhD requires a six month commitment of $60,000 plus an expenses not exceed $10,000. Dr. Blechman was a key figure in the prior BRAC work on behalf of Davis - Monthan. We are soliciting the financial support of each political jurisdiction 10 Oe Region would be happy to significant corporate entities. Our request is for $ , 000 to $10 personally meet with you if you so desire. There is a strong sense of urgency in accomplishing this solicitation effort and I would respectfully request your consideration and decision at the earliest possible date. �pWN p TOWN COUNCIL MEETING TOWN OF MARANA 9 MAR NA 7 INFORMATION_ MEETING DATE: July 6, 2004 AGENDA ITEM: IX. A. 9 TO MAYOR AND COUNCIL FROM: Jane Howell, Human Resources Director SUBJECT: ' Discussion /Action: Relating to Housing; Approving a HUD Commitment Letter in support of the Self-Help Housing Program DISCUSSION Over the past year the Town of Marana has been in discussion with the Pima County Community Development Department and other non -profit housing organizations regarding initiating a Self -Help Housing Program. This affordable housing project would utilize the "sweat" from 10 to 15 families in constructing their homes. The families would be taught the basics of housing construction and be responsible for framing and other components of building a home. The homes would comprise a fully planned development on approximately five acres and meet all design and infrastructure criteria established in the Northwest Marana Plan. The families, through their own efforts, would be sold the homes as a reduced cost. This program will involve several entities and utilize major funding from HUD. As a participant, the Town of Marana has been asked by HUD to provide either financial or in -kind assistance which will reduce the overall costs of the program. The Town could forego their normal construction fees and permit costs in support of this program. This request continues the Town's support for affordable housing as it *has provided this identical assistance over the pan seven years to the Marana Construction Works! Housing program. RECOMMENDATION Staff recommends that the Town Manager execute a HUD Commitment Letter in support of the Self -Help Housing Program. SUGGESTED MOTION I move to approve the execution of the HUD Commitment Letter. HUD Commitment Letter 0710112004; 4:04 PM, • SRG MARANA July 6, 2004 TOWN OF MARANA Ms Lou Thompson Office of Affordable Housing Programs US Department of Housing and Urban Development 451 Seventh Street, SW., Room 7164 Washington, DC 20410 -7000 SUBJECT: FY 2004 SHOP PROGRAM COMMITMENT LETTER Dear Ms. Thompson: By the authority vested in me as Town Manager of the Town of Marana, the following commitment is made: The Town of Marana, an Arizona municipality, will provide to a Self -Help joint venture for use in the FY 2004 Self -Help Homeownership (SHOP) Program as follows: As it has done for the past seven years of HUD- funded affordable housing projects, the Town of Marana will continue to absorb (not charge to the project) all fees and permit costs directly related to the construction and sale of affordable housing to qualifying low - and moderate- income families. This commitment is contingent only upon the. receipt of HUD's FY 2004 Self -Help Homeownership (SHOP) Program funds. We are willing to sign a legally binding agreement regarding this commitment, conditioned upon HUD's environmental review, upon award of a grant. If you have any questions regarding this commitment, please feel free to contact me. Sincerely, Michael Reuwsaat Town Manager 13251 NORTH LON ADAMS ROAD MARANA, AZ 85653 -9723 TELEPHONE: (520) 682 -3401 FAX: 682 -2654 �p91N R TOWN COUNCIL MEETING TOWN OF MARANA - , 9 ARAN 7 INFORMATION ZON� MEETING DATE: July 6, 2004 AGENDA ITEM: IX. A.10 TO: MAYOR AND COUNCIL FROM: Roy Cuaron, Finance Director SUBJECT: Resolution No. 2004 -97 Relating to Boards, Committees and Commissions; Approving the Appointments of Marsha Johnson and Doren Sears to the Marana Business Advisory Committee (BAC) DISCUSSION The BAC currently has four vacancies on its committee and is requesting Council approval to appointment Marsha Johnson and Doren Sears to the committee. Ms. Johnson is with Trico Electric Cooperative and Mr. Sears is a partner in Sears Financial Corporation. The firm is a real estate development company that owns and leases numerous commercial buildings in Marana: Both individuals have expressed an interest in joining the BAC and were approved the committee at its June 8, 2004 meeting. A copy of their application is attached. If appointed to the BAC, both will serve a three -year term that will expire in March 2007. RECOMMENDATION Staff recommends adoption of Resolution No. 2004 -97, appointing Ms. Marsha Johnson and Mr. Doren Sears to the Marana Business Advisory Committee. SUGGESTED MOTION I move to approve Resolution No. 2004 -97. Bond Refunding 0613012004; 3:56 PM; RC MARANA RESOLUTION NO. 2004-97 RELATING TO BOARDS, COMMITTEES AND COMMISSIONS; APPROVING THE APPOINTMENTS OF MARSHA JOHNSON AND DOREN SEARS TO THE MARANA BUSINESS ADVISORY COMMITTEE. WHEREAS, the Business Advisory Committee has been created by the Town Council to meet and advise the Town Council on business concerns within the Town; and WHEREAS, the Town Council desires to fill two (2) seats and appoint Marsha Johnson and Doren Sears to the committee; and WHEREAS, Marsha Johnson and Doren Sears shall be appointed to serve three - year terms, said terms expiring in March 2007. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that Marsha Johnson and Doren Sears shall be appointed to the Business Advisory Committee with a term of office to expire in March of 2007. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6th day of July 2004. Mayor Bobby Sutton, Jr. ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marano Resolution No. 2004 -97 vy K6 fB/2084 14:18 5282296144 -t TOWN OF MARANA Business Advisory Committee 13251 North Lon Adams Road Marana, AZ 85653 Individual Name: Marsha Johnson Business Name: Trico Electric Cooperative Street Address: 8600 Nest Tangerine Rd. City: Marana State: AZ Zip: 85653 Mailing Address: P. C• Box 930, Marana, AZ 8565.3 (if different) Phone Number: 520- 744 -2944, ext.134 Fax Number: 520-744 -2329 Email Address: ' mjohnson @trico.org Position'v&h Company: ,_ Nature of Business Activity: Electric distribution cooperative Please attach a brief summary of why you would like to serve on the committee and provide a listing of other organizations to which you belong. Send the completed application and the aforementioned information to: John P. Hale, Chairman 2485 West Tom Watson Drive Tucson, AZ 85742 Tel: 520 -241 -8805 Fax: 520- 229 -6144 Email: johnh@longrealty.com bb/ LL/ 20134 00- c r Marsha Johnson Trico Electric Cooperative P.O. Box 930 Marana, Az. 85653 -0930 520- 744 -2944 ext 1344 520- 744 -2329 fax Trico Electric Cooperative, Inc. is an electric distribution cooperative that is certificated by the Arizona Corporation Commission to serve in the Marana area. As a cooperative, we observe 7 Cooperative Principles. One of those principles is "Concern for Community'. While focusing on member needs, Trico works for the sustainable development of our communities through policies accepted by our members. So as you can see it is part of our core principles to serve in the conunut ities we serve. Organizations Local Red Hawk Canyon Community Facilities District 1 & 2 Boards Dove Mountain Resort Community Facilities District Board National Cooperative Research Network Marketing & Energy Services Task Force Touchstone Energy Cooperative Relations Advisory Committee y TOWN COUNCIL MEETING TOWN OF MARANA 9 MAR NA 7 INFORMATION 4 IZONa MEETING DATE: July 6, 2004 AGENDA ITEM: IX. A.1 TO: MAYOR AND COUNCIL FROM: Joe Teta, Court Administrator for Jim West Town Magistrate SUBJECT: Resolution No. 2004 -88: Relating to the Court; Approving the appointment of magistrates pro tempore and civil traffic hearing officers DISCUSSION Pursuant to Article 5 -2 of the Marana Town Code, the Mayor and Council may appoint magistrates pro tempore to serve in the Marana Municipal Court on an as needed basis. I therefore recommend that the following licensed attorneys be appointed to serve in this capacity. David G. Dingledine, George A. Dunscomb, Thomas E. Johnson, Frederick S. Klein, Stephanie J. Meade, and Thomas T. Tilton. Pursuant to Section 5 -2 -3 of the Marana Town Code, the Town Magistrate, with the approval of the Mayor and Council may appoint hearing officers to preside over certain civil traffic proceedings on an as needed basis. Therefore, I recommend that the following be appointed to serve as hearing officers. George Anderson, Sandra Celaya I believe that these individuals are qualified for the position and will serve honorably. All of these appointments would be fora term concurrent with that of the Town Magistrate, until June, 2006. Any of the appointees may be removed from office for cause. All of the appointees would have the status of independent contractors with the exception of Ms. Celaya, who is a full time employee of the Town. All magistrates pro tempore will be paid on a per session basis at the rate of $120.00 per hour. Hearing Officer Anderson shall be paid at a rate of $75.00. Ms. Celaya, as a full time employee of the town shall not receive additional compensation beyond her regular salary and benefits. RECOMMENDATION The Court recommends that Council approve the appointments of David G. Dingledine, George A. Dunscomb, Thomas E. Johnson, Frederick S. Klein, Stephanie J. Meade, and Thomas T. Tilton as magistrates pro tempore and further recommends that George Anderson and Sandra Celaya be appointed as Civil Hearing Officers, all with terms ending June 30, 2006. SUGGESTED MOTION I move to adopt Resolution No.2004 -88. 07/06/04 magistrates pro tempores 11:46 AM MARANA RESOLUTION NO. 2004-88 RELATING TO THE COURT; APPROVING THE APPOINTMENT OF MAGISTRATES PRO TEMPORE AND CIVIL TRAFFIC HEARING OFFICERS. WHEREAS, Sections 5 -2 -1 and 5 -2 -2 of the Town Code, as amended, provide that the Mayor and Council of the Town of Marana shall appoint assistants to the Town Magistrate, as are needed from time to time; and WHEREAS, the Mayor and Council upon recommendation of the Town Magistrate, the Honorable James West, have determined that it is necessary to appoint qualified individuals to serve as assistant magistrates or magistrates pro tempore on an as needed basis in the Marana Municipal Court; and WHEREAS, the Town Magistrate recommends that the Mayor and Council appoint the following individuals to serve as assistant magistrates or magistrates pro tempore on an as needed basis: David G. Dingeldine, George A. Dunscomb, Thomas E. Johnson, Frederick S. Klein, Stephanie J. Meade, and Thomas T. Tilton; WHEREAS, the Mayor and Council find that these individuals meet the qualifications imposed by Arizona law and possess the requisite skill and character to perform as judges. pro tempore; and WHEREAS, pursuant to Section 5 -2 -3 of the Town Code, as amended, the Town Magistrate, with the approval of the Mayor and Council, may appoint one or more hearing officers to preside over civil traffic violation cases; and WHEREAS, the Town Magistrate wishes to appoint George Anderson and Sandra M. Celaya to serve as hearing officers; and WHEREAS, the Mayor and Council find that these individuals meet the qualifications imposed by Arizona law and possess the requisite skill and character to perform as hearing officers. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the following individuals are appointed to serve as assistant magistrates or magistrates pro tempore on an as needed basis: David G. Dingeldine, George A. Dunscomb, Frederick S. Klein, Thomas E. Johnson, Stephanie J. Meade, and Thomas T. Tilton. BE IT FURTHER RESOLVED that George Anderson and Sandra M. Celaya are appointed to serve as civil traffic hearing officers. Marana, Arizona Resolution No. 2004 -88 Page I of 2 BE IT FURTHER RESOLVED that these magistrates pro tempore and hearing officers shall serve terms aww1l is ending June 30, 2006, but may be removed for cause. BE IT FURTHER RESOLVED that the magistrates pro tempore shall be paid at the rate of $120.00 per session and the hearing officer, George Anderson, shall be paid $75.00 per session, as independent contractors to the Town. BE IT FURTHER RESOLVED that the hearing officer, Sandra M. Celaya, who is an employee of the Town, shall receive no additional compensation as hearing officer, other than her regular pay and benefits as an employee of the Town. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6th day of July, 2001. I t Mayor BOBBY SUTTON, JR. ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson Frank Cassidy, Town Attorney Town Clerk Marana, Arizona Resolution No. 2004 -88 Page 2 of 2 pWN pp TOWN COUNCIL MEETING TOWN OF MARANA 4 aRiva ; INFORMATION k` gR1ZON� MEETING DATE: July 6, 2004 AGENDA ITEM: IX. B 1 TO: MAYOR AND COUNCIL FROM: James R. DeGrood, P.E. Executive Asst. to Town Manager SUBJECT: Public Hearing: Ordinance 2004.16: Relating to the privilege license tax; Amending the town tax code by increasing the tax rate on certain activities by one half cent for regional roadway improvements DISCUSSION The Marana Town Council, as well as other jurisdictional elected bodies represented by Pima Association of Governments (PAG), voted to support legislation which would restore the Regional Transportation Authority (RTA) together with the ability to call for a regional half cent sales tax to fund the RTA. This occurred in January, 2004 with the State Legislature approving the requested legislation in April, 2004. Transportation funding is a critical issue to the Town and to the region., Locally and regionally, transportation needs far exceed available revenues. The region's most reliable; dedicated transportation funding source is the State Highway User Revenue Fund (HURF), which is funded from gasoline sales taxes and a portion of the vehicle license tax. The gasoline sales tax, which is currently 18¢ per gallon, has not been increased since 1992, and is not indexed to inflation. Had it been indexed to inflation in the early 1960's, the gas tax would currently stand at about 60¢ per gallon. HURF funds are distributed by census population, so Marana currently receives HURF funds based upon our 2000 population of 13,556, rather than our current 24,000 population. The next HURF funding distribution adjustment will occur in 2006, based upon a mid- decade population estimate which will occur in 2005. (This population -based lag in funding will continue as long as Marana grows at rate greater than the state.) There is little legislative support for increasing the state gasoline sales tax, particularly in a time of increased gasoline prices. The Marana Transportation Plan Update, done in 2001, predicted that transportation expenditures through 2025 would exceed $800 million. We have extended this estimate through 2030 and updated it, considering funding changes, current cost information and inflation. It is predicted that Marana's transportation spending demands through 2030 will amount to $1.05 billion. Only $430 million in funding is anticipated from current sources. By expanding the use of impact fees and the adoption of a local half cent sales tax, the funding gap can be substantially cut. halkent BLU.DOC - 1 - 6/30/04 JRD At the time the Council voted to support the RTA legislation, staff was directed to review the benefits of going forward with a local sales tax increase in advance of the regional election, with the local half cent sales tax to sunset upon the approval of the RTA tax in the same amount. To meet this directive, and pursuant to further direction given by Council on March 16, 2004, a Manager's Committee was appointed to review the benefits of a locally adopted sales tax, and to determine whether such a sales tax would be warranted and appropriate. The Manager's Committee met twice and reviewed the attached materials. The committee felt that it was important to ensure that the Town's regionally significant roads were adequately funded and that the Town should not wait for the adoption of a regional tax. The Manager's Committee voted unanimously to support adoption of this sales tax. A presentation on the proposed adoption of the half cent sales tax was then made before the Marana Business Advisory Council (BAC) at their June 8, 2004 regular meeting. The BAC also voted unanimously to support the adoption of the sales tax proposal, with the stipulation that it be rolled back upon the adoption of a regional half cent sales tax to support the RTA. Staff considered two options for the implementation of the sales tax increase for regional roads; the first applied to all industry groups and the second applied to all industry groups except construction contracting. If this increase is applied to all industry groups, the sales tax is projected to generate $174 million in revenue through FY 2030. If this increase is applied to all industry groups except construction contracting, the revenue will be reduced to $121 million. Should the RTA be formed and be authorized to implement a half cent sales tax, it would be applied to all industry groups. Staff projects over $275 million in regional road improvement needs through FY 2030, leaving a deficit of funding over projected needs given either option. RECOMMENDATION Staff recommends that Council approve an increase in the sales tax rate by half cent on all industry groups, and apply the new funds collected to a Regional Road Fund which is limited to capacity improvements on regionally significant transportation routes within and adjacent to the Town of Marana. SUGGESTED MOTION I move to adopt Ordinance No. 2004.16, taxing all industry groups. halkent BLU.DOC -2- 6/30/04 JRD MARANA ORDINANCE NO. 2004.16 RELATING TO THE PRIVILEGE LICENSE TAX; AMENDING THE TOWN TAX CODE BY INCREASING THE TAX RATE ON CERTAIN ACTIVITIES BY ONE HALF CENT FOR REGIONAL ROADWAY IMPROVEMENTS NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1: The tax rate in each of the following sections of the town tax code is increased from two percent (2 %) to two and one half percent (2.5 %); Section 8 -410, Amusements, exhibitions and similar activities. Section 8 -425, Job printing. Section 8 -427, Manufactured buildings. • Section 8 -430, Timbering and other extraction. Section 8 -435, Publishing and other periodicals. Section 8 -440, Rental Occupancy. Section 8 -444, Hotels Section 8 -445, Rental, leasing, and licensing for use of real property. Section 8 -450, Rental, leasing and licensing for use of tangible personal property. Section 8 -455, Restaurants and bars. Section 8 -460, Retail sales. Section 8 -475, Transporting for hire. Section 8 -610, Use tax; imposition of tax; presumption. Section 2: The tax rate in the following section of the town tax code is increased from three percent (3 %) to three and one -half percent (3.5 %); Section 8 -447, Rental, leasing, and licensing for use of real property: additional tax upon transient lodging. Section 3: The tax rate in the following sections of the town tax code is increased from four percent (4 %) to four and one -half percent (4.5 %); Section 8 -415, Construction Contracting: construction contractors. Section 8 -416, Construction Contracting: speculative builders. Section 8 -417, Construction Contracting: owner - builders who are not speculative builders. Section 8 -470, Telecommunications services. Marana Ordinance No. 2004.16 Page 1 of 2 Section 8 -480, Utility services. Section 4: A separate fund shall be established for regional roadway improvements, and the proceeds from this additional sales tax measure shall be placed in this newly established fund. Expenditures from the regional roadway improvement fund shall be budgeted annually and shall be programmed in the Pima Association of Governments Transportation Improvement Program and the Town's Capital Improvement Program. Section 5: Any person found guilty of violating any provision of these amendments to the tax code shall be guilty of a class one misdemeanor. Each day that a violation continues shall be a separate offense punishable as herein above described. Section 6: All ordinances, resolutions, or motions and parts of ordinances, resolutions, or motions of the Council in conflict with the provisions of this Ordinance are hereby repealed, effective as of the effective date of this Ordinance. Section 7: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of • competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. Section 8: The additional tax imposed pursuant to Section 1 through 3 of this ordinance shall not apply to contracts entered into prior to the effective date of this ordinance. Section 9: The provisions of this ordinance shall become effective on Seer 1, 2004 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6 day of July, 2004. ATTEST: Mayor BOBBY SUTTON, JR. Jocelyn C. 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B. 2 TO: MAYOR AND COUNCIL FROM: Dick Gear, Community and Economic Development Director SUBJECT: Public Hearing, West Neighbors Revised Annexation Relating to annexation; Consideration of the Town of Marana's desire to annex approximately 112 acres in the vicinity of the Saguaro Ranch project. This property lies within Sections 20 and 29, Township 11 South, Range 13 East, Gila and Salt River Meridian. DISCUSSION Pursuant to filing a blank petition with the Pima County Recorder's Office, this Public Hearing is mandated by State Statutes to be held within thirty days following such filing. All owners of real and personal property within the annexation area have been notified of this hearing, and have been given the opportunity to address the Mayor and Council with their concurrence or objections to this annexation. RECOMMENDATION No action is required — Public Hearing. SUGGESTED MOTION No action required. BLU West Neighbors Revised Annexation Ldoc LEGAL DESCRIPTION WEST NEIGHBORS ANNEXATION REVISED That portion of the northeast one - quarter of Section 30, the southwest one - quarter of Section 20, and the northwest one - quarter of Section 29, Township 11 South, Range 13 East, Gila and Salt River Meridian, Pima County, Arizona being more particularly described as follows: BEGINNING at the southwest comer of said Section 20; Thence N 00 0 02'13" W, along the west line of said Section 20, a distance of 806.48 feet; Thence N 89 0 36'49" E, a distance of 280.75 feet; Thence S 00 0 35'03 ", E, a distance of 20.26 feet; Thence N 89 0 37'18" E, a distance of 858.45 feet; Thence S 00 0 50'16" W, a distance of 516.43 feet; Thence S 89 0 26'20" W, a distance of 79.44 feet; Thence S 00 E, a distance of 271.02 feet to the south line of Section 20; Thence N 89 0 41'40" E, along said south line of Section 20, a distance of 271.66 feet; Thence N 00 0 00'23" W, a distance of 1977.80 feet; Thence N 89 0 45'16" E, a distance of 662.38 feet; Thence S 00 0 01'25" W, a distance of 329.01 feet; Thence N 45 0 04'07" E, a distance of 934.76 feet, Thence S 00 0 00'08" W, a distance of 987.55 feet; Thence S 89 0 44'57" W, a distance of 661.96 feet; Thence S 00 0 00'22" E, a distance of 723.68 feet; DARLING ENVIRONMENTAL & SURVEYING, LTD. KOLE EXECUTIVE OFFICE PARK 1650 NORTH KOLB ROAD, SUITE 136 ♦ Tuczam, AZ 8571 5 PH (520) 298-2725 ♦ FAX (520) 298 -Z767 Thence N 78 E, a distance of 675.04 feet; Thence S 00 0 00'22" W, a distance of 723.53 feet to the south line of Section 20; Thence S 89 0 41'40" W, along the south line of said Section 20, a distance of 661.80 feet; Thence S 00 0 00'23" E, a distance of 660.51 feet; Thence S 89 0 41'30" W, a distance of 661.89 feet; Thence S 00 1 03'02" W, a distance of 330.35 feet; Thence S 89 W, a distance of 1398.36 feet to the westerly right -of -way line of Thomydale Road as recorded in Docket 2145 at Page 49 in the office of the Pima County Recorder; Thence N 00 0 00'09" E, along said westerly right -of -way, a distance of 990.56 feet to the south line of Section 19; Thence N 89 0 59'50" E, along the south line of said Section 19, a distance of 75.00 feet to the POINT OF BEGINNING. Containing 112.04 acres more or less. g A � � I 9869 �° RICHARD D. o DARLING NL�G d 9R � 2 �V U. . DARLING ENVIRONMENTAL & SURVEYING, LTD. KOLB EXECUTIVE OFFICE PARK l 650 NORTH KOLB ROAD, SUITE 136 + TUCBON, AZ 85715 PH (520) 298 -8725 + FAX (520) 898 -2767 EXHIBIT A PORTION OF SECTI ❑NS 20, 29, & 30, TOWNSHIP 11 SOUTH, RANGE 13 EAST GILA AND SALT RIVER MERIDIAN PIMA COUNTY, ARIZONA IV 9869 y o Q CHARD D. a DARLING V < 2 NEo_4 ORD. NO. Z 2003.14 Q 1' =1000' 88.15 \ \ \t POB 1 ::':' %r %Yi : :. : -.: ::: • :- /::.: .:: . .:.: .1 o Z ANNEXATION ORD. NO. ^ :: C ':':' 89.08 1 -: :.::::. .. f 2003.15 C La 1 -j I 1 ORD. N0. j 30 Qa an 90.10 a�p�I; 1 „ 1 — i 1 ORD. NO 97.24 ; , ORD. NO. _ ,lI 90.19 _ DARLING ENVIRONMENTAL & SURVEYING. LTD. LEGEND ,WLS 0==rNS F„ K # 16 s° w 1m18 eo.. Sirm 136 • TU=tm AZ • SS71 S ------ - - - - -- SECTION LINE PN 153la39S-273S• F^Xls7m 298-2767 i:;':.- , -, -.- - - + AREA T❑ DE ANNEXED DATE ►t °y zt• 2004 JOB # SCR -04 -019 EXISTING TOWN LIMITS i ti ; I L I ci tu 0 I 7. Of . _ \ .. \ \\ ..♦ a ♦- \\ �i� \ \���\` \.. .•.fit i i , � � t co cn _ c� a \\ \: i♦ \ -_tom; i ' , t �'. CL Co cr O TRICO RD — t t AA IWA:'Z? D i x c ` pWN �. TOWN COUNCIL MEETING TOWN OF M ARANA 9 MAR NA ; INFORMATION'► MEETING DATE: July 6, 2004 AGENDA ITEM: IX. B. 7 TO: MAYOR AND COUNCIL FROM: Roy Cuaron, Finance Director SUBJECT: Resolution No. 2004 -96: Resolution Of The Town Council Of The Town Of Marana, Arizona, Authorizing The Execution And Delivery Of A Third Supplement To Amended And Restated Town Lease And Series 1992 Town Lease, ALetter Of Representation To Bond Purchase Contract And A Series 2004 Continuing Disclosure Agreement; Approving The Execution And Delivery By Town Of Marana Municipal Property Corporation Of Such Third Supplement To Amended And Restated Town Lease And Series 1992 Town Lease, A Series 2004 Supplemental Trust Indenture, An Escrow - Trust Agreement, A Financial Guaranty Or Related Agreement Necessary For Credit Enhancement And A Bond Purchase Contract; Approving An Official Statement; Approving The Issuance Of Not To Exceed $10,000,000 Aggregate Principal Amount Of Town Of . Marana Municipal Property Corporation Municipal Facilities Revenue Bonds, Series 2004; Delegating To The Manager Of The Town Of Marana, Arizona, And, In His Absence, The Finance Director Of The Town Of Marana, Arizona, The Authority To Determine Various Terms With Respect To The Bonds And Certain Matters With Respect To Certain Bonds To Be Refunded With The Proceeds Of The Sale Thereof; Providing For The Transfer Of Certain Moneys For The Payment Thereof And Making Certain Covenants And Agreements With Respect Thereto; Authorizing The Taking Of All Other Actions Necessary To The Consummation Of The Transactions Contemplated By This Resolution And Declaring An Emergency Bond Refunding 0710112004; 4:24 PM; RC DISCUSSION In adopting the fiscal 2004 -05 budget, approval was given to the issuance of new bonds for the purchase of an integrated police radio communication system ($2.1 million) and the refunding of a portion of the Series 2000 bonds ($7.0 million). The new bond money is expected to be amortized over seven years with annual debt service totaling nearly $350,000. As Council may recall, proceeds of the 2000 bond issue were used to fund a portion of the new town hall complex and were amortized over a ten year period, a relatively short time frame given the expected useful life of the asset. The refunding of approximately $7 million over a longer period (14 years) will reduce the annual debt service on the Series 2000 bonds by approximately $950,000. Resolution so MTMUes staff to execute any and all documents necessary to effectuate the sale of the bonds. To coordinate the bond transaction, staff has engaged the services of Mr. Mark Reader and Mr. Michael Cafiso to serve as the Town's financial advisor and bond counsel, respectively. Mr. Reader is with the firm of Stone & Youngberg LLC and Mr. Cafiso is with the firm of Greenberg Traurig. Both gentlemen have served the Town for the past twelve years and have been involved in all of the previous bond issues. Both will be at the Council meeting to answer any questions Council may have and to further explain the parameters of the bond sale. RECOMMENDATION Staff recommends adoption of Resolution 2004 -96, authorizing staff to execute any and all documents to effectuate the sale and refunding of the bonds. _SUGGESTED MOTION I move to adopt Resolution 2004 -96. -2- { RESOLUTION NO. 2004 -96 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA, AUTHORIZING THE EXECUTION AND DELIVERY OF A THIRD SUPPLEMENT TO AMENDED AND RESTATED TOWN LEASE AND SERIES 1992 TOWN LEASE, A LETTER OF REPRESENTATION TO BOND PURCHASE CON - TRACT AND A SERIES 2004 CONTINUING DISCLOSURE AGREEMENT; APPROVING THE EXECUTION AND DELIVERY BY TOWN OF MARANA MUNICIPAL PROPERTY CORPORATION OF SUCH THIRD SUPPLEMENT TO AMENDED AND RESTATED TOWN LEASE AND SERIES 1992 TOWN LEASE, A SERIES 2004 SUPPLEMENTAL TRUST INDENTURE, AN ESCROW TRUST AGREEMENT, A FINANCIAL GUARANTY OR RELATED AGREEMENT NECESSARY FOR CREDIT ENHANCEMENT AND A BOND PURCHASE CONTRACT; APPROVING AN OFFICIAL STATEMENT; APPROVING THE ISSUANCE OF NOT TO EXCEED $10,000,000 AGGREGATE PRINCIPAL AMOUNT OF TOWN OF MARANA MUNICIPAL PROPERTY CORPORATION MUNICIPAL FACILITIES REVENUE BONDS, SERIES 2004; DELEGATING TO THE MANAGER OF THE TOWN OF MARANA, ARIZONA, AND, IN HIS ABSENCE, THE FINANCE DIREC- TOR OF THE TOWN OF MARANA, ARIZONA, THE AUTHORITY TO DETERMINE VARIOUS TERMS WITH RESPECT TO THE BONDS AND CERTAIN MATTERS WITH RESPECT TO CERTAIN BONDS TO BE REFUNDED WITH THE PROCEEDS OF THE SALE THEREOF; PROVIDING FOR THE TRANSFER OF CER- TAIN MONEYS FOR THE PAYMENT THEREOF AND MAKING CERTAIN COVENANTS AND AGREEMENTS WITH RESPECT THERETO; AUTHORIZING THE TAKING OF ALL OTHER ACTIONS NECESSARY TO THE CONSUMMATION OF THE TRANSACTIONS CONTEMPLATED BY THIS RESOLUTION AND DECLARING AN EMERGENCY WHEREAS, the Town of Marana Municipal Property Corporation, a nonprofit corporation,incorporated and existing pursuant to the laws of the State of Arizona (the "Corporation "), was formed to transact any or all lawful business for which nonprofit corporations may be incorporated under the laws of the State of Arizona, including, with- out limiting the generality of the foregoing, any civic or charitable purpose such as financing the cost of acquiring, constructing, recon- structing or improving buildings, equipment or other real and personal properties suitable for use by and for leasing to the Town of Marana, Arizona (the "Town "), or its agencies or instrumentalities; and • WHEREAS, the Town heretofore determined that it was benefi- cial to its citizens (i) to acquire the water system owned by Clifford Ray Honea and Ethel Wynema Honea, husband and wife, doing business as Honea Water Company (the "First Water System "), consisting of certain real property and certain personal property (the "Initial First Water System Improvements ") with respect to the First Water System and (ii) to acquire the facility presently being used as the municipal complex for the Town (the "Municipal Complex "), consisting of certain other real property and to make certain necessary improvements to the First Water System (the "New First Water System Improvements" and collectively, with the Initial First Water System Improvements, the "First Water System Improvements" and the acquisition of the First Water System, the acquisition of the Municipal Complex and the making of the New First Water System Improvements, collectively, the "First Project "); and WHEREAS, the Corporation assisted the Town in financing the First Project; and WHEREAS, in order to finance the costs of the First Proj- ect, the Corporation issued its $280,000 aggregate principal amount of Town of Marana Municipal Property Corporation Municipal Facilities Revenue Bonds, Series 1990, dated as of March 1, 1990 its $315,000 aggregate principal amount of Town of Marana Municipal Property Corpo- ration Municipal Facilities Revenue Bonds, Series 1992, dated as of June 1, 1992 (collectively, the "Outstanding Bonds "); and WHEREAS, the Town further heretofore determined that it was beneficial to its citizens (i) to refinance the Outstanding Bonds and (ii) (A) to acquire the water systems known as "Cortaro Marana" and " Marana Water Service" (collectively, the "Second Water Systems "), consisting of certain real property and certain personal property (the "Second Water Systems Improvements" and collectively, with the First Water System Improvements, the "Water System Improvements ") with re- spect to the Second Water Systems and (B) to (I) make certain improve- ments to the Water System Improvements, (II) make certain road and related improvements and construct improvements to increase traffic capacity on certain other roads, (III) acquire certain real property upon which to construct a new municipal complex (the "Town Hall Prop- erty ") and (IV) make tenant improvements to certain office space leased to the Town (the "Tenant Improvements "), the property described in clauses (B) (I), (II) and (IV) being as described on Exhibit E attached to the hereinafter described Base Town Lease and collec- tively, with the acquisition of the Second Water Systems and the proj- ect described in clause (B)(II), being referred to herein as the "Second Project "; and WHEREAS, the Corporation assisted the Town in refinancing the Outstanding Bonds and in financing the Second Project; and WHEREAS, in order to refinance the Outstanding Bonds and to finance the costs of the Second Project, the Corporation issued its • $8,175,000 aggregate principal amount of Town of Marana Municipal 2 Property Corporation Municipal Facilities Revenue Bonds, Series 1997, dated as of October 1, 1997 (the "Series 1997 Bonds "); and WHEREAS, the Series 1997 Bonds and certain additional bonds on a parity therewith have been as hereinafter described and shall be secured by a Trust Indenture, dated as of October 1, 1997 (as supple- mented, the "Indenture "), from the Corporation to Wells Fargo Bank, National Association (formerly Norwest Bank Arizona, N.A.), as trustee (the "Trustee "), pursuant to which is pledged, among other things, rental payments made pursuant to an Amended and Restated Town Lease and Series 1992 Town Lease, dated as of October 1, 1997 (as amended and supplemented, the "Base Town Lease "), by and between the Corpora- tion, as lessor, and the Town, as lessee; and WHEREAS, the Town also heretofore determined that it was beneficial to its citizens to design, acquire, construct and equip the new municipal complex on the Town Hall Property (the "Third Project "); provided, however, that pursuant to the Second Amendment to Amended and Restated Town Lease and Series 1992 Town Lease, dated as of April 1, 2002, by and between the Corporation, as lessor, and the Town, as lessee, certain additional property (the "Operations Center Property ") has been ground leased by the Town to the Corporation and leased back by the Corporation to the Town, the Operations Center Property thereafter being considered part of the Town Hall Property for all purposes of the First Supplement to Amended and Restated Town Lease and Series 1992 Town Lease, dated as of February 1, 2000 (the "First Supplement to Base Town Lease "), by and between the Corporation and the Town and certain changes have been made to the description of the Town Hall Improvements to include a town operations center to house public works, police, water, vehicle asset management and information systems; and WHEREAS, the Corporation assisted the Town in financing the Third Project; and WHEREAS, in order to finance the costs of the Third Proj- ect, the Corporation issued its $10,000,000 aggregate principal amount of Town of Marana Municipal Property Corporation Municipal Facilities Revenue Bonds, Series 2000, dated as of February 1, 2000 (the "Series 2000 Bonds "), which are secured by the First Supplement to Base Town Lease; and WHEREAS, pursuant to a Third Amendment to Amended and Restated Town Lease and Series 1992 Town Lease, dated as of September 1, 2003, by and between the Corporation, as lessor, and the Town, as lessee, a portion of the Operations Center Property has been released from the provisions of the First Supplement to Base Town Lease and certain other changes made for all purposes of the First Supplement to Base Town Lease; and WHEREAS, the Town also heretofore determined that it was beneficial to its citizens to design, acquire, construct and equip, as 3 the case may be, additional parts of the new municipal complex on the Town Hall Property (the "Fourth Project "); and WHEREAS, the Corporation assisted the Town in financing the Fourth Project; and WHEREAS, in order to finance the costs of the Fourth Project, the Corporation issued its $19,700,000 aggregate principal amount of Town of Marana Municipal Property Corporation Municipal Facilities Revenue Bonds, Series 2003,- -dated as of the September 1, 2003 (the "Series 2003 Bonds "); and WHEREAS, the Town has now determined that it will be beneficial to its citizens to design, acquire, construct and equip, as the case may be, final parts of the new municipal complex on the Town Hall Property as described in Exhibit B attached to the hereinafter described Series 2004 Town Lease (the "Fifth Project ") and to refinance a portion of the bonds heretofore issued by the Corporation (the "Bonds Being Refunded "); and WHEREAS, the Corporation desires to assist the Town in financing the Fifth Project and refinancing the Bonds Being Refunded (the "Second Refunding "); and WHEREAS, in order to finance the costs of the Fifth Project and the Second Refunding, the Corporation and the Town deem it neces- sary and desirable for the Corporation to issue its not to exceed $10,000,000 aggregate principal amount of Town of Marana Municipal Property Corporation Municipal Facilities Revenue Bonds, Series 2004, to be dated as of the date established as the dated date for such bonds as provided herein (the "Series 2004 Bonds "); and WHEREAS, in connection with the issuance of the Series 2004 Bonds, the Corporation shall enter into a Third Supplement to Amended and Restated Town Lease and Series 1992 Town Lease, to be dated as of the date established as the dated date of the Series 2004 Bonds as provided herein (the "Third Supplement to Base Town Lease "), with the Town pursuant to which, among other things ( -i) the Corporation will extend the lease of the Town Hall Property to the Town and lease improvements with respect to the Fifth Project (the "Final Town Hall Improvements ") to the Town and (ii) the Town shall (A) extend the lease of the Town Hall Property from the Corporation and lease the Final Town Hall Improvements from the Corporation and (B) as agent for the Corporation, agree to design, acquire, construct and equip, as the case may be, the Fifth Project and provide for matters related to the Second Refunding; and WHEREAS, the Series 2004 Bonds shall be secured by the Indenture, as supplemented by a Series 2004 Supplemental Trust Inden- ture, to be dated as of the date established as the dated date of the Series 2004 Bonds as provided herein (the "Series 2004 Supplemental Indenture "), from the Corporation to the Trustee; and i 4 WHEREAS, the Corporation has not made and does not intend to make any profit by reason of any business or venture in which it may engage or by reason of the assistance it renders the Town in financing the Fifth Project and the Second Refunding, and no part of the net earnings of the Corporation, if any, shall ever inure to the benefit of any person, firm or corporation except the Town; and WHEREAS, there have been placed on file with the Clerk of the Town and presented at the meeting at which this Resolution was adopted (1) the proposed form of the Series 2004 Supplemental Inden- ture, (2) the proposed form of the Third Supplement to Base Town Lease, (3) the proposed form of the Escrow Trust Agreement, to be dated as of the date established as the dated date of the Series 2004 Bonds as provided herein (the "Escrow Trust Agreement "), by and between the Corporation and Wells Fargo Bank, National Association, as escrow trustee (the "Escrow Trustee "), (4) the proposed form of a Series 2004 Continuing Disclosure Agreement, to be dated the date of delivery of the Series 2004 Bonds (the "Undertaking "), by and between the Town and the Trustee necessary for purposes of Securities and Exchange Commission Rule 15c2 -12, (5) the proposed form of the Bond Purchase Contract, to be dated the date of the sale of the Series 2004 Bonds (the "Purchase Contract "), by and between the Corporation and Stone & Youngberg LLC (the "Purchaser ") for the purchase of the Series 2004 Bonds, including the Letter of Representations, to be dated the date of the sale of the Series 2004 Bonds (the "Letter of Representa- tions"), from the Town and (6) the proposed form of the Preliminary Official Statement, to be dated the date of the mailing thereof (the "Preliminary Official Statement "), relating to the Bonds, which, with certain additions thereto, shall constitute the Official Statement, dated the date of adoption hereof (the "Official Statement "), relating to the Series 2004 Bonds; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, THAT: Section 1 . The Mayor and Council of the Town hereby find and determine that the approval and authorization of the financing of the Fifth Project and the Second Refunding and the issuance of the Series 2004 Bonds pursuant to the terms of the Third Supplement to Base Town Lease and the Series 2004 Supplemental Indenture is in fur - therance of the purposes of the Town and in the public interest. Section 2 . The forms, terms and provisions of the Third Supplement to Base Town Lease, the Undertaking and the Letter of Representations, in the form of such documents (including the exhibits thereto) presented at the meeting at which this Resolution was adopted are hereby approved, with such insertions, omissions and changes as shall be approved by the Mayor of the Town, the execution of such documents being conclusive evidence of such approval, and the Mayor and Clerk of the Town are hereby authorized and directed, for and on behalf of the Town, to execute and deliver and attest, respectively, the Third Supplement to Base Town Lease, the Undertaking and the Letter of Representations as well as any other documents necessary in 5 connection therewith to provide for the issuance of the Series 2004 Bonds. Section 3 . The forms, terms and provisions of the Series 2004 Supplemental Indenture, the Escrow Trust Agreement and the Pur- chase Contract in the form of such documents (including exhibits thereto) presented at the meeting at which this Resolution was adopted are also hereby approved, with such insertions, omissions and changes as shall be approved by the President or Vice President of the Corpo- ration, the execution of such documents. (as well as of the Third Sup- plement to Base Town Lease) being conclusive evidence of such approval, and the President or Vice President and Secretary of the Corporation are hereby authorized and directed, for and on behalf of the Corporation, to execute and deliver and attest, respectively, the Third Supplement to Base Town Lease, the Series 2004 Supplemental Indenture and the Purchase Contract as well as any other documents necessary in connection therewith to provide for the issuance of the Series 2004 Bonds including any financial guaranty or related agree- ment necessary with respect to credit enhancement for the Series 2004 Bonds. Section 4 . The use of the Preliminary Official Statement and the Official Statemeirt in connection with the sale of the Series 2004 Bonds is hereby approved. The President and Vice President of the Corporation are hereby authorized and directed, for and on behalf of the Corporation, to sign the Official Statement when finalized. Section 5 . The Town hereby requests the Corporation to take any and all action necessary in connection with the issuance and sale of the Series 2004 Bonds and covenants that it shall do all things necessary to assist the Corporation therein. Section 6 . (A) The Town hereby approves the issuance and delivery of the Series 2004 Bonds, as hereinafter described, by the Corporation. The Series 2004 Bonds shall be designated "Town of Marana Municipal Property Corporation Municipal Facilities Revenue Bonds, Series 2004 "; shall be issued in an aggregate principal amount of not to exceed $10,000,000; shall be in the denomination of $5,000 of principal amount or any integral multiple thereof and shall be fully registered bonds without coupons as provided in the Indenture. (B) The Manager of the Town and, in his absence, the Finance Director of the Town are hereby authorized to determine on behalf of the Town and the Corporation the date the Series 2004 Bonds are to be sold to the Purchaser; the total aggregate principal amount of the Series 2004 Bonds which are to be issued (but not in excess of the amount indicated hereinabove); the date the Series 2004 Bonds are to be dated; the dates on which interest on the Series 2004 Bonds is to be payable; the rates per annum the Series 2004 Bonds are to bear; the dates the Series 2004 Bonds are to mature, the principal amounts to mature on such dates and the provisions for redemption of the Series 2004 Bonds in advance of such dates; the series designations, maturity dates and principal amounts of the Bonds Being Refunded and 6 the determination of exercise of redemption provisions with respect to the Bonds Being Refunding; the terms upon which the Series 2004 Bonds are to be sold to the Purchaser (including determinations of price, original issue discount and premium and underwriting compensation); and the provisions pursuant to which the Series 2004 Bonds are to be credit enhanced (including determinations with respect to bond insur- ance and any surety bond or other instrument replacing the need for depositing cash to the reserve fund for the Series 2004 Bonds); pro- vided, however, that the foregoing determinations shall not result in the yield on the Series 2004 Bonds, calculated for federal income tax purposes, exceeding six percent. (C) The form, terms and provisions of the Series 2004 Bonds and the provisions for the signatures, authentication, payment, registration, transfer, exchange and number shall be as set forth in the Series 2004 Supplemental Indenture and are hereby approved. Section 7 . The Town hereby requests the Corporation to sell the Series 2004 Bonds to the Purchaser in accordance with the terms of the Purchase Contract as such terms are to be determined as provided herein. Section 8 . (A) For the payment of the principal of and premium, if any, and interest on the Series 2004 Bonds, the Town shall pay and transfer to the Trustee the rental payments provided for in Article I of the Third Supplement to Base Town Lease. (B) To secure the payment of the rental payments provided for in Article I of the Third Supplement to Base Town Lease and then any other amounts required to be paid by the Town pursuant to the provisions of the Third Supplement to Base Town Lease, the Town hereby pledges for the payment of the rental payments thereunder Town sales taxes, State shared revenues, license and permit fees and fines and forfeitures which the Town now collects, which the Town may collect in the future or which are allocated or apportioned to the Town by the State of Arizona, any political subdivision thereof or any other governmental unit or agency, EXCEPT the share of the Town of any taxes which by State of Arizona law, rule or regulation must be expended for other purposes, such as the motor vehicle fuel tax (collectively, the "Excise Taxes "). The Town intends that this pledge shall be a first lien upon the Excise Taxes as will be sufficient to make the rental payments pursuant thereto. To the extent permitted by applicable law, the Excise Taxes shall be retained and maintained so that the amount received from the Excise Taxes all within and for the next preceding fiscal year shall be equal to at least two (2) times the total of rental payments payable thereunder in any current fiscal year. If at any time the Excise Taxes will not be sufficient to pay all current rental payments 'required pursuant to the Third Supplement to Base Town Lease or if such amounts will not equal at least two (2) times the rental payments in any current fiscal year, the Town shall impose new exactions of the type of the Excise Taxes which shall be part of the Excise Taxes or increase the rates for the Excise Taxes currently imposed in order that (i) the Excise Taxes will be suffi- 7 cient to pay all current rental payments and (ii) such amounts will be reasonably calculated to attain the level required as described hereinabove. (C) So long as any of the Series 2004 Bonds remain outstanding and the principal and interest thereon shall be unpaid or unprovided for, the Town shall not further encumber the Excise Taxes pledged pursuant to Article III of the Third Supplement to Base Town Lease on a basis equal to the first lien pledge unless the Excise Taxes in the next preceding fiscal year shall have amounted to at least three (3) times the highest combined interest and principal requirements for any succeeding twelve (12) months' period for all of the Series 1997 Bonds, the Series 2000 Bonds, the Series 2003 Bonds and the Series 2004 Bonds then outstanding and any obligations issued on a parity of lien therewith which may include any Additional Bonds (as such term is defined in the Indenture) proposed to be secured by a pledge of the Excise Taxes. (D) The obligation of the Town to make the rental payments provided for in Article I of the Second Supplement to Base Town Lease is limited to payment from the Excise Taxes, and the obligations of the Town under the Third Supplement to Base Town Lease shall not constitute nor give rise a general obligation of the Town or any claim against its ad valorem taxing powers, or constitute an indebtedness within the meaning of any statutory or constitutional debt limitation applicable to the Town. Section 9 . After any of the Series 2004 Bonds are deliv- ered by the Trustee to the Purchaser thereof upon receipt of payment therefor, this Resolution shall be and remain irrepealable until the Series 1997 Bonds, the Series 2000 Bonds, the Series 2003 Bonds and the Series 2004 Bonds and the interest thereon shall have been fully paid, cancelled and discharged. Section 10 . If any section, paragraph, clause or provision of this Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Resolution. Section 11 . All orders and resolutions or parts thereof, inconsistent herewith, are hereby waived to the extent only of such inconsistency. This waiver shall not be construed as reviving any order or resolution or any part thereof. Section 12 . The immediate operation of this Resolution is necessary for the financing of the Fifth Project and the Second Refunding on the most attractive terms available to the Town and the preservation of the public health and welfare; an emergency is hereby declared to exist; this Resolution shall be in full force and effect from and after its passage and approval by the Mayor and Council of the Town as required by law and this Resolution is hereby exempt from 8 the referendum provisions of the constitution and laws of the State of Arizona. 9 APPROVED AND ADOPTED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA, THIS 6TH DAY OF JULY, 2004. SIGNED AND ATTESTED THIS 6TH DAY OF JULY, 2004. ....... ............................... Bobby Sutton, Jr., Mayor, Town of Marana, Arizona ATTEST: .. ............................... Jocelyn C. Bronson, Clerk, Town of Marana, Arizona APPROVED AS TO FORM: Frank Cassidy, Town Attorney, Town of Marana, Arizona 1448366.1- 6/30/04 10 Y TOWN COUNCIL MEETING TOWN OF MARANA 9 I MARANA ; INFORMATION RtZO�� MEETING DATE: July 6, 2004 AGENDA ITEM: IX. B. 3 TO: MAYOR AND COUNCIL FROM: Dick Gear, Community and Economic Development Director SUBJECT: Ordinance No. 2004.15 — South Neighbors Annexation Relating to annexation; Extending and increasing the corporate limits of the Town of Marana, Arizona, pursuant to A.R.S. § 9471 by annexing that territory known as South Neighbors Annexation. DISCUSSION The Town Council conducted a public hearing for this annexation on June 1, 2004, and staff is now requesting Council action. The Town has received signed petitions representing 100 percent of property owners and 100 percent of the real and personal property value. The 28 acres are zoned Pima County SR (Suburban Ranch) which will translate into the Town as R -144 and Pima County SH (Suburban Homestead) will translate into Town of Marana R -36 zoning. All notification requirements have been properly complied with for this annexation. The annexation meets the requirements ofA.R.S. § 9 -471 (annexation statute). This is the final step of the annexation process for the Town Council. According to annexation requirements, a thirty- day waiting period occurred after the original blank petition was recorded on May 3, 2004, and the annexation petition was mailed out on June 3, 2004. The Council may now approve the ordinance annexing the area into the Town of Marana. RECOMMENDATION Staff recommends approval of Ordinance No. 2004.15, relating to the South Neighbors Annexation. SUGGESTED MOTION I move to approve Ordinance No. 2004.15. BLU Ordinance.South Neighbors Annexation Ldoc MARANA ORDINANCE NO. 2004.15 RELATING TO ANNEXATION; EXTENDING AND INCREASING THE CORPORATE LIMITS OF THE TOWN OF MARANA, ARIZONA, PURSUANT TO A.R.S. § 9 -471 BY ANNEXING THAT TERRITORY KNOWN AS SOUTH NEIGHBORS ANNEXATION. WHEREAS, petitions in writing, accompanied by a map of the real property sought to be annexed have been filed and presented to the Mayor and Council of the Town of Marana, Arizona, signed by the owners of more than fifty percent of the value of the real and personal property and over fifty percent of the persons owning real and personal property that would be subject to taxation by the Town of Marana as shown by the last assessment of said property, said property being contiguous to the Town of Marana, and not now embraced within its limits, asking that the property be annexed into the Town of Marana, and to extend and increase the corporate limits of the Town of Marana so as to embrace same; and WHEREAS, the Mayor and Council of the Town of Marana, Arizona, desire to approve the annexation petitions and extend and increase the corporate limits of the Town of Marana to include said territory, which is approximately 28 acres; and WHEREAS, the South Neighbors Annexation is an area within portions of Section 29 within Township 11 South, Range 13 East, Gila and Salt River Meridian, Pima County, Arizona; and WHEREAS, the petitions set forth a true and correct description of all the exterior boundaries of the entire area proposed to be annexed to the Town of Marana and had attached thereto at all times an accurate map of the territory desired to be annexed; and WHEREAS, no alterations increasing or reducing the territory sought to be annexed have been made after any petition was signed by any owner of real and personal property in such territory; and WHEREAS, the zoning classification of the property prior to annexation was Pima County Zone RH (Rural Homestead). In order to establish original Town of Marana zoning without permitting densities or uses that are greater than those permitted in Pima County, the properties will translate to the RD -180 (Rural Development) zone in the Town of Marana's Land Use and Development Code; and WHEREAS, the provisions of A.R.S. § 9 -471, and all amendments thereto, have been fully observed; and ORD 2004.XX South Neighborst Annex.doc DC 6109104 WHEREAS, proper and sufficient certification and proof of the foregoing facts are now on file in the Office of the Town Clerk of the Town of Marana, together with a true and correct copy of the original petition referred to herein, which is on file in the Office of the County Recorder. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, that: SECTION 1. The territory known as the South Neighbors Annexation is annexed into the Town of Marana and that the present corporate limits are extended and increased to include the described area. SECTION 2. A copy of this Ordinance, together with an accurate map of the territory hereby annexed into the Town of Marana, certified by the Mayor of the Town, shall be forthwith filed and recorded in the Office of the Pima County Recorder. SECTION 3. The zoning classification of Pima County Zone RH (Rural Homestead) within the annexed area is hereby changed to Town of Marana Zone RD -180 (Rural Development). SECTION 4. On file in the office of the Town Clerk of the Town of Marana, Arizona, are those certain documents, known as Exhibits A and B, which are recorded and hereby referred to, adopted, and made a part of this Ordinance, describing and illustrating the South Neighbors area. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6th day of July, 2004. Mayor Bobby Sutton, Jr. ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney ORD 2004.XX South Neighborst Annex.doc 2 DG 2:45 PM EXH 1 BI 1 H 'ANNEXATION MAP' A PORTION OF THE SOUTHEAST X OF THE NORTHWEST X OF SECTION 29, TOWNSHIP 11 SOUTH, RANGE 13 EAST GILA AND SALT RIVER MERIDIAN PIMA COUNTY, ARIZONA ORD. NO. 2003.15 I ( I i I Q I � z III 3 . 0 ORD. N0. Q _ I ��- ::..90.10. lo AN XAP N OB 0 i 2-1 Z . ORD. 97.24;-1 i I a. ORD. NO. 90.19 <0 orL o f I rl� z, LLJ L II <ro' ®Nof i . CL , �- I' =600' w Q� z _ °,I F i U M ROA .I --- - - - - - ---- ------ -- - - - - --= ---- -- - - -- = - - - - -- = - -- - - - - Q r 2: cL 9869 F o RICHARD D. $ DARUNG t1`, DAR LING J }� LEGEND ���4nod� ENVIRONMENTAL & SURVEYING, LTD. — — — — SECTION LINE , i �� q U SP Im.O CiCGUnvC 1 .e ♦l / « R9.i Ro EGRt ,s/ • 7&7 AZ .65716 . iA1C i�0 =.-= .. AREA TO DE ANNEXED �arE ua�n 29, 200< EXISTING TOWN LIMITS JOB # 5CR -0< -019 EXH I BI E3 LEGAL DESCRIPTION SOUTH NEIGHBORS ANNEXATION A PORTION OF . THE SOUTHEAST '/ OF THE NORTHWEST '/ OF SECTION 29, TOWNSHIP 11 SOUTH, RANGE 13 EAST, GILA AND. SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST % CORNER OF SAID SECTION 29; THENCE N89_ °43'33" E A DISTANCE OF 1323.78 FEET, TO THE TRUE POINT OF BEGINNING; THENCE N 00 °0010" E A DISTANCE OF 879.13 FEET; THENCE N 84 0 47'14" E A DISTANCE OF 664.33 FEET; THENCE N 84 0 56'34" E A DISTANCE OF 664.77'FEET; THENCE S 00 0 00'33" E A DISTANCE OF 990.57 FEET; THENCE S 89 0 40'57" W A DISTANCE OF 662.16 FEET; THENCE S 89 0 3544" W A DISTANCE OF 661.83 FEET, TO THE TRUE POINT OF BEGINNING. CONTAINING 28.43 ACRES, MORE OR LESS. 29869 ter Rl HARD D. o DARLING 9 � L QAZ A DARLING ENVIRONMENTAL & SURVEYING, LTD. KO LB EXECUTIVE OFFICE PARK 1 650 NORTH KOLB ROAD, SUITE 136 • TucsoN, AZ 85715 PH (520) 298-2725 ♦ FAX (520) 298 -2767 r �pwN o TOWN COUNCIL MEETING TOWN OF MARANA M NA ; INFORMATION ARIZONA MEETING DATE: July 6, 2004 AGENDA ITEM: IX. B. 4 TO: MAYOR AND COUNCIL FROM: Kevin Kish, Interim Planning Director SUBJECT: Public Hearing. Resolution No.2004 -95: Relating to Subdivisions; Approving a Preliminary Plat for Rancho Marana 154. DISCUSSION The Marana Planning Commission heard this application at their regular meeting of March 31, 2004, and voted unanimously to recommend approval. The Rancho Marana Specific Plan was adopted on February 6, 1990, by Ordinance 90.04. The Plan was amended on May 18, 1999 by Ordinance No. 99.13. The Specific Plan consists of approximately 996 acres, divided by Ordinance No. 99.13 into two areas; land located east of I- 10 known as Rancho Marana East, consisting of approximately 242 acres, and land west of the Interstate known as Rancho Marana West, approximately 754 acres. This project is within the Rancho Marana West area. In addition to the requirements of the Rancho Marana West Specific Plan, this property is within the adopted Northwest Marana Area Plan, and will be subject to the recreation, landscape, architectural, and site development requirements within that Plan. Suitable information pertaining to these requirements enabling staff to ascertain compliance with both of these plans has not yet been submitted. It will therefore be a condition of approval of this plat that the information required shall be submitted prior to any final plat submittal. This project is located west of Sandario Road, north of Moore Road, and south of Barnett Road in Section 28, Range 11 East, and Township 11 South. It is a block plat and includes a subdivision on one block. The subdivision is 164 lots on Block One. The balance of the project is block - platted into seven blocks, three of which are commercial corners. Blocks 1, 2, and 4 are zoned MDR (Medium Density Residential), and Block 3 is zoned MHDR (Medium High Density Residential). This land use allows residential densities of up to 4 RAC. Commercial uses are on small sites and would be limited in scope. The setbacks are front 20', side 5', and rear 10'. Lot sizes range from 6,000 square feet (Lot 36) to 12,590 square feet (Lot 54) with an average of 7,329 square feet. This property lies within a projected "Residential Village" per the Northwest Marana Area Plan. The developer shall be responsible for developing an overall village identity that defines project architecture and design; unified landscape themes; streetscapes; entry features; and any other requirements of the designation. 070604 PRV -03081 Rancho Marana 154 PP Entrance to this property will be accessed from Clark Farms Boulevard, Sandario Road, Moore Road and Tangerine Farms Road (Main Entrance). Local streets within Block 1 utilize a 50' Right of Way with 14' travel lanes; 2' roll type curbs, 4' sidewalks, and 5' street landscaping. This project was submitted prior to the Town's adoption of a revised street section, so is subject to the street standards that were in effect at the time of submittal. Access to blocks 2, 3, and 4, as well as a connection to Farm Field Five and the balance of the Rancho Marana Specific Plan is provided. Per requirements from the Northwest Fire District, parking will be restricted to one side of the street. A plat note to this effect will be required on the Final Plat. Improvements to Tangerine Farms Boulevard will be constructed during Phase One of the project. Landscaping will be in conformance with the Rancho Marana Specific Plan. Entry features will include landscaping, signage, and lighting providing the Subdivision with a distinct identity. The Common Areas, "A" through "G" will be used for drainage, open space, retention, and recreational park areas. On -site park and recreation requirements will be met using the drainage facilities for active and passive recreation. Trails will be continuous throughout the Specific Plan area. These drainage solutions will be utilized, when possible, as community amenities such as open space and drainageways with associated trail systems for walking, jogging and bicycling. A Homeowners Association will be formed to be responsible for the maintenance of these areas. The Marana Northwest Regional Airport is located south of the project site. The project site does fall into the limits of the Airport Influence Area. An Avigation Easement will be required. Staff recommends that the appropriate disclosure be provided to the potential buyers as a final plat note, and within the CC &R's. This disclosure shall discuss the potential impacts and what mitigation the project is proposing to address the concerns. These issues should address, but not be limited to, Noise, Flight Paths Imaginary Surfaces, Approach Profiles and Runway Protection Zones. This project has been reviewed in compliance with the Rancho Marana Specific Plan, the Northwest Marana Area Plan, and the Marana General Plan and is found to be in substantial compliance with all. The Traffic Impact Analysis still needs to be revised with respect to some technical issues. The applicant and Cortaro -Marana Irrigation District representatives are still working out a suitable agreement. The Town of Marana Water District has required a Water Service Agreement to be approved prior to approval of the Final Plat. We have added Conditions which will assure that all of these items are addressed prior to the Final Plat being considered by Mayor and Council. RECOMMENDATION: Staff recommends approval of Resolution No. 2004 -95 approving a preliminary plat for Rancho Marana 154 with the following conditions: 1. The Traffic Impact Analysis to be accepted by the Traffic Division prior to Final Plat being considered by Town Council. 2. All CMID issues to be resolved prior to Final Plat approval by Town Council. -2- 2004 -95 Rancho Marana 154 PP.doc 3. A Water Service Agreement to be executed and approved prior to Final Plat approval by Town Council. 4. Compliance with all provisions of the Town's Codes, Ordinances and policies of the General Plan, current at the time of any subsequent development, including, but not limited to, requirements for public improvements. 5. Prior to Final Plat Submittal applicant to provide fully developed Design Guidelines that are in conformance with the Northwest Marana Area Plan, the Rancho Marana Specific Plan, and the Marana Parks, Trails, and Open Space Master Plan. The Design Guidelines shall identify the unified themes within the Residential Village concept required by the Northwest Marana Area Plan. 6. Potential buyers shall be notified of the existence and potential issues related to the operation of the Northwest Marana Regional Airport, located south of the property. The Development Services Administrator, prior to the consideration of the Final Plat, shall approve the method of notification. 7. The property owner shall transfer with the final plat, by the appropriate Arizona Department of Water Resources form, those water rights being IGR, Type I, or Type II to the Town of Marana for the Town providing designation of assured water supply and water service to said property. If Type I or Type II is needed on said property, the Town and developer/landowner shall arrive at an agreeable solution to the use of those water rights appurtenant to said land. 8. A sewer service agreement and master sewer plan must be submitted, by the Developer, and accepted by Pima County Wastewater Management and the Town Engineer prior to the submittal of the final plat by the applicant. 9. Potential buyers shall be notified that some or all of the property in this subdivision is subject to an annual tax and assessment by Cortaro Marana Irrigation District and Cortaro Water Users' Association. 10. The developer shall enter into a Development Agreement to provide an in -lieu contribution for off -site parkland -and park facility development as accepted by the Town, prior to approval of a Final Plat. In addition, the Development Agreement shall address the following items: The developer shall provide, to the Development Services Administrator's satisfaction, the necessary off -site roadway dedications and improvements as deems necessary by the Town's Development Services Administrator and Town Engineer to support the proposed development of the site. The developer shall provide their proportionate financial share in regional transportation improvements and other major infrastructure improvements, that include, but is not limited to, upgrades to the Tangerine /i -10 and Marana/I -10 interchanges, Moore Road/I -10 interchange, as identified in the Northwest Marana Area Plan and the Marana Master Transportation Plan. -3- 2004 -95 Rancho Marana 154 PP.doc Prior to the issuance of a building permit and pursuant to Marana Ordinance No. 99.02 the property owner(s) within the Lower Santa Cruz River Levee Benefit Area shall enter into a Development Agreement with the Town of Marana to reimburse the Town for a portion of this projects proportionate share for the cost of construction of the levee. SUGGESTED MOTION I move to approve Resolution No.2004 -95. -4- 2004 -95 Rancho Marana 154 PP.doc MARANA RESOLUTION NO. 2004-95 RELATING TO SUBDIVISIONS; APPROVING THE PRELIMINARY PLAT FOR RANCHO MARANA 154. WHEREAS, WLB Group, Inc., represents the Owner of approximately 154.17 acres of land located west of Sandario Road between Moore Road and Barnett Road, in Section 28, Township 11 South, and Range 11 East and has applied to the Town of Marana for approval of a Preliminary Plat for Blocks 2 through 7, 164 lots on Block 1, and Common Areas "A" through "G "; and WHEREAS, the Marana Planning Commission heard this application at their regular meeting of March 31, 2004, and voted to recommend approval to the Town Council; and WHEREAS, the Marana Town Council has considered the application at their regular meeting of July 6, 2004 and has determined that the Preliminary Plat should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Preliminary Plat for Rancho Marana 154 submitted by WLB Group, Inc. for a Preliminary Plat for Blocks 2 through 7, 164 lots on Block 1, and Common Areas "A" through "G ", located west of Sandario Road between Moore Road and Barnett Road, in Section 28, Township 11 South, and Range 11 East is hereby approved with the following conditions: 1. The Traffic Impact Analysis to be accepted by the Traffic Division prior to Final Plat being considered by Town Council. 2. All CMID issues to be resolved prior to Final Plat approval by Town Council. 3. A Water Service Agreement to be executed and approved prior to Final Plat approval by Town Council. 4. Compliance with all provisions of the Town's Codes, Ordinances and policies of the General Plan, current at the time of any subsequent development, including, but not limited to, requirements for public improvements. 5. Prior to Final Plat Submittal applicant to provide fully developed Design Guidelines that are in conformance with the Northwest Marana Area Plan, the Rancho Marana Specific Plan, and the Marana Parks, Trails, and Open Space Master Plan. The Design Guidelines shall identify the unified themes within the Residential Village concept required by the Northwest Marana Area Plan. 6. Potential buyers shall be notified of the existence and potential issues related to the operation of the Northwest Marana Regional Airport, located south of the property. The Development Services Administrator, prior to the consideration of the Final Plat, shall approve the method of notification. 7. The property owner shall transfer with the final plat, by the appropriate Arizona Department of Water Resources form, those water rights being IGR, Type I, or Type II to the Town of Marana for the Town providing designation of assured water supply and water service to said property. If Type I or Type 1I is needed on said property, the Town and developer /landowner shall arrive at an agreeable solution to the use of those water rights appurtenant to said land. 8. A sewer service agreement and master sewer plan must be submitted, by the Developer, and accepted by Pima County Wastewater Management and the Town Engineer prior to the submittal of the final plat by the applicant. 9. Potential buyers shall be notified that some or all of the property in this subdivision is subject to an annual tax and assessment by Cortaro Marana Irrigation District and Cortaro Water Users' Association. 10. The developer shall enter into a Development Agreement to provide an in -lieu contribution for off - site parkland and park facility development as accepted by the Town, prior to approval of a Final Plat. In addition, the Development Agreement shall address the following items: The developer shall provide, to the Development Services Administrator's satisfaction, the necessary off -site roadway dedications and improvements as deems necessary by the Town's Development Services Administrator and Town Engineer to support the proposed development of the site. The developer shall provide their proportionate financial share in regional transportation improvements and other major infrastructure improvements, that include, but is not limited to, upgrades to the Tangerine/I -10 and Marana/1 -10 interchanges, Moore Road/I- 10 interchange, as identified in the Northwest Marana Area Plan and the Marana Master Transportation Plan. Prior to the issuance of a building permit and pursuant to Marana Ordinance No. 99.02 the property owner(s) within the Lower Santa Cruz River Levee Benefit Area shall enter into a Development Agreement with the Town of Marana to reimburse the Town for a portion of this projects proportionate share for the cost of construction of the levee. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 6th day of July, 2004. Mayor Bobby Sutton, Jr. ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Resolution No. 2004 -95 2 r� TOWN OF MARANA MARANA Planning and Zoning Department 3696 W. Orange Grove Road ♦ Tucson, AZ 85741 �..a (520) 297 -2920 Fax: (520) 297 -3930 PLANNING & ZONING APPLICATION IF 1. TYPE OF APPLICATION Check one Preliminary Plat ❑ General Plan Amendment ❑ Variance Final Plat ❑ Specific Plan Amendment ❑ Conditional Use Permit ❑ Development Plan ❑ Rezone ❑ Other ❑ Landscape Plan ❑ Significant Land Use Change ❑ Native Plant Permit 2. GENERAL DATA RE UIRED Assessor's Parcel General Plan Designation Number(s) a 1 - 3 " �� (To be confirmed by staff) Gross Area (Acre /Sq. Ft.) Current Zoning (To be confirmed by staff) Z C� C.. tl I Development/ Proposed Zoning 0) L t2 Project Name Project Location F Description of Project n Properh Owner O.Jf Street Address City State � t u csrn— A Zip Code Pbone Number Fax Number E-mail Address S�bS a�a -� a a9a - s�sl Contact Person Phone Number • Applicant j Street Address City state I Zip Code Phone Number Fax Number E -Mail Address Contact Person Phone Number Agent/Representative —TL-p- �J Street Address l f I � � city state Zip Code t Phone Number Fax Number E -Mail Address �N52 Contact Person Marana Business License No. 3. AUTHORIZATION OF PR ©PEIRTY UWNER. 1, the undersigned, certify that all of the facts set forth in this application are true to the best of my knowledge and that I am either the owner of the property or that 1 have been authorized in writing by the owner to file this application. (If not owner of record, attach written authorization �from the owner.) Print Name of A licant/A ent Si ature Date F OR OFFICE USE ONLY Case No. - 030$1 Date Received - j /3l / O3 Receipt No. r ' - N -3-j9t - 4438q • CRW No. Q�V � 30 ( Received B Fee Amount o9nvm- ®® P RV -03081 MARANA Rancho Marana 154 TOWN OF MARANA �I I I U e Rancho Marana 154 =Farm ield Five Gladden Farms Request for approval of a Block Plat consisting of 164 lots, Common Areas "A" through "G ", and Blocks 1 - 7 V PP A G p N Q ro W V OD UI W N F (/�O q O w y A oSp'� N y y y mo Z i= D AD DDgDD ppyyy y O ° m ~5° ° Y>25 m D � A m p o a i m Go p �to ;� w 10 y 1 D �� SOw'I a Z 0 fC S uZ D i D D wZ�z S >S p0 Zf ADD o �s'OF F � m $m M �� r amZ OZ m 00 y m w SRI O wm o'T <��� z� 2z Gm r'ii E. ` p DD ...0 Om <y< O'9 Rx,I= O Z•rI-1 � ` m� yA y�RD RI`y w '�sj MA ; j O Z�Z" ° g p ° °> F r c ° 2 O O O K � Iw+ '1"i . �° �� < m Zy 1 2 oSO ��R c R R a C Ij SOw �� Az r� O f li cc> c �� ms C �� mh r� o � o 9^2 e d i s i e e y 9 `= ` � A+v m$ v $° $o �oc� >$ S �m` $1 i� 2 RI - o z�� � Rm � o �m > � � p v G bo o y > y i D� m w o z pp i q o w � m m Z 1+1 m2 D6R� WwNWA.NN A> V- .!U y 2 �D .. r� a2� o R,o r r T pA Z Z ~ O O -i rn Z > ZFrM- Z0Nm ZB �� + T.., nI (� Z$n iGV�m m y D" Os G Cj wr ^�A z�.mm A A m S m$ Z 8 W m >p.'0� zw ^w Wy iy i'90, � mOm1+1 2 N Wlr.�G) Rw1DZ'am, > R > � •'{. 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I�(Dyy m (,N i 0 IN � � 00000 000000$ ?; c m a�1 i rA cl c c O N: \166031 \AWLT6 \FP \FPAD6- 1.dwg4 PRELIMINARY BLOCK PLAT RANCHO MARANA 154 TOWN COUNCIL MEETING TOWN OF MARANA 9 " R NA ; INFORMATION a , 4 R�ZONp MEETING DATE: July 6, 2004 AGENDA ITEM: IX. B. 5 TO: MAYOR AND COUNCIL FROM: Frank Cassidy, Town Attorney AGENDA TITLE: Resolution No. 2004 -87 Relating to Municipal Court; Approving the reappointment of James R. West as Marana Town Magistrate for a four -year term beginning July 1, 2004, and declaring an emergency. DISCUSSION The Town Magistrate's term of office ended on June 30, 2004. Staff recommends reappointment of James R. West as the Marana Town Magistrate for a term of four years beginning July 1, 2004, and ending June 30, 2008, at a base salary of $70,000 per year, plus 4 salary adjustments each year beginning July 1, 2005. Judge West has made significant improvements in the operation of the Magistrate Court. A memorandum listing the Marana Magistrate Court achievements and improvements during Judge West's tenure is attached. Under the Arizona Constitution, magistrate courts are entitled to operate independently of the municipality and the governing body for which the magistrate works. The Town Council's only meaningful opportunity for feedback to the magistrate is in the reappointment process every four years. The Arizona Supreme Court has indicated that a four -year magistrate term appropriately maintains a fair, independent, and impartial magistrate court and insulates magistrates from ex- trajudicial pressures in the performance of their duties. RECOMMENDATION Staff recommends adoption of Resolution No. 2004 -87 authorizing the execution of an employ- ment agreement reappointing James R. West as Marana Town Magistrate for a four -year term beginning July 1, 2004. SUGGESTED MOTION I move to adopt Resolution No. 2004 -87. BLU 040706 Magistrate Reappointment.doc FJC/cds MARANA RESOLUTION NO. 2004-87 RELATING TO MUNICIPAL COURT; APPROVING THE REAPPOINTMENT OF JAMES R. WEST AS MARANA TOWN MAGISTRATE FOR A FOUR -YEAR TERM BEGINNING JULY 1, 2004; AND DECLARING AN EMERGENCY. WHEREAS, the term of office of the Marana Town Magistrate ended on June 30, 2004; and WHEREAS, the Town Council desires to reappoint James R. West as Marana Town Magistrate. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Mayor is hereby authorized to execute the employment agreement with James R. West attached as Exhibit A, and James R. West is hereby reappointed as Marana Town Magistrate with a term of office to expire on June 30, 2008. BE IT FURTHER RESOLVED THAT since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this resolution become immediately effective, an emergency is hereby declared to exist, and this resolution shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 6th day of July, 2004. Mayor Bobby Sutton, Jr. ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney RSO 040706 West Reappoint #2004- 87.doc FJC/cds 6/17/06 EXHIBIT A TOWN MAGISTRATE EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT ( "this Agreement ") is made by and between the TOWN of MARANA, an Arizona municipal corporation (the "Town "), and JAMES R. WEST (the "Judge ") for magistrate services. The Town and the Judge are collectively referred to in this Agreement as the "Parties" and are sometimes individually referred to as the "Party." RECITALS A. The Town has established the Marana Municipal Court pursuant to A.R.S. § 22 -402, and has established the position of Marana Town Magistrate pursuant to A.R.S. § 22 -403. B. The Judge is a member in good standing of the State Bar of Arizona with extensive judicial experience. C. The Judge is currently the Marana Town Magistrate, and the Parties desire for the Judge to continue as Marana Town Magistrate pursuant to this Agreement. AGREEMENT Now, THEREFORE, in consideration of the foregoing premises and the mutual promises and agreements set forth in this Agreement, the Parties hereby agree as follows: Article 1. Magistrate Appointment and Compensation I.I. Appointment The Town hereby appoints and employs the Judge as Marana Town Magistrate for the four year term beginning July 1, 2004 and ending June 30, 2008. 1.2. Compensation The Judge shall be paid a base salary of $70,000 per year for the period of this Agreement. 1.3. Cost of Living Adjustments The Judge shall not be entitled to receive cost of living adjustments during the term of this Agreement. 1.4. Annual Sal4a Adjustment The Parties recognize that performance reviews and merit - based salary adjustments would not be consistent with maintaining the independence of the Marana Town Magistrate. On the other hand, restricting the Judge's compensation to base salary would provide lesser salary increases than are typical for unclassified (management) employees of the Town. To balance these considerations, the Parties agree that the Judge's salary shall be adjusted upward by four percent on July 1, 2005, and each July 1 thereafter during the term of this Agreement, calculated based on the then - existing salary. 1.5. Annual ABA Convention The Judge shall be permitted to attend the annual American Bar Association Convention, and the Town shall pay economy air fare and standard reasonable lodging and meal reimbursements for his attendance, provided that the Judge shall satisfy any continuing legal education requirements at the convention, and any other continuing legal education requirements shall be satisfied by attendance at seminars within the State of Arizona. 1.6. Status For purposes of determining employee benefits, the Judge shall be an employee of the Town, and not an independent contractor, and shall receive all of the normal employee benefits accruing to other Town employees. AGT 040616MAGism,4TEEMPLOYMENT.DOC PAGE 1 OF3 EXHIBIT A 1.7. Judicial Independence Notwithstanding the Judge's status as a Town employee for purposes of determining benefits, the authority, if any, of the Town over the Judge shall be limited given the obligation to maintain the independence and integrity of the judiciary. 1.8. Administrative Modifications The parties recognize that changes in Magistrate Court personnel and fluctuations in Magistrate Court usage may require modification of the administrative duties of the Marana Town Magistrate and other Magistrate Court employees. The parties agree to cooperate and coordinate in making adjustments to the duties of the Marana Magistrate and other Magistrate Court employees, as necessary, to adjust to these changes. Article 2. Full Time Employment 2.1. Work Week The Parties acknowledge and agree that the position of Marana Town Magistrate is a full time, forty-hour a week job, considering the Marana Town Magistrate's duties at the Magistrate Court and responsibility to attend other meetings and functions of the Court and the Town. Consequently, the Judge shall typically work normal work hours (Monday through Friday, 8 A.M. to 5 P.M.), vacation and sick days and holidays excepted. Article 3. Community Service 3.1. The Judge shall be available for and participate in such community outreach and community service activities as the Judge determines are consistent with and do not create a conflict of interest or any appearance of impropriety with his position as Town Magistrate. Any hours spent participating in community service activities shall be included for purposes of work load tracking under Article 2. Article 4. Termination 4.1. By the Judge The Judge may terminate this Agreement at any time. 4.2. By the Town The Town may terminate this Agreement only upon removal of the Judge from the office of Marana Town Magistrate by the Arizona Supreme Court pursuant to Article 6. 1, Section 3 of the Arizona Constitution. 4.3. By Death This Agreement automatically terminates upon the Judge's death. 4.4. By Term This Agreement terminates on June 30, 2008, if not previously terminated pursuant to other provisions of this Article. 4.5. Effect of Termination The Judge's status as a Town employee, and his rights to receive compensation and benefits, shall terminate upon the termination of this Agreement. The amount of the Judge's compensation shall be pro -rated based on the termination date. Article 5. General Terms and Conditions. 5.1. Term This Agreement shall become effective upon its execution by all the Parties and the effective date of the resolution or action of the Town Council approving this Agreement (the "Effective Date "). 5.2. Counterparts This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The signature pages from one or more counterparts may be removed from such counterparts and such signature pages all attached to a single instrument so that the signatures of all Parties may be physically attached to a single document. AGT 040616 MAGISTRATE EMPLOYMENT.DOC PAGE 2 OF 3 EXHIBIT A 5.3. Severability If any provision of this Agreement is declared void or unenforceable, it shall be severed from the remainder of this Agreement, which shall otherwise remain in full force and effect. 5.4. Governing Law This Agreement is entered into in Arizona and shall be construed and interpreted under the laws of Arizona, and the Parties agree that any litigation or arbitration shall take place in Pima County, Arizona. 5.5. Interpretation This Agreement has been negotiated by the Town and the Judge, and no party shall be deemed to have drafted this Agreement for purposes of construing any portion of this Agreement for or against any party. 5.6. Conflict of Interest This Agreement is subject to A.R.S. § 38 -511, which provides for cancellation of contracts in certain instances involving conflicts of interest. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last date set forth below their respective signatures. "THE TOWN ": "THE JUDGE ": THE TOWN OF MARANA, an Arizona municipal corporation By: Bobby Sutton, Jr., Mayor James R. West Date: Date: ATTEST: Jocelyn C. Bronson, Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney AGT 040616 MAGISTRATE EMPLOYMENT.DOC PAGE 3 OF 3 Memo Date: June 7, 2004 To Mike Reuw5aat From: James West ■ Have reduced budgeted jail costs of $125,000 /year to under $70,000 for the fiscal year 2002/2003. ■ Jail costs for fiscal year 2003/2004 will again come in under $70,000. ■ Canceled the plans to purchase a van ($35,000) in order to transport prisoners to and from the jail. ■ Eliminated the need for a second officer to transport said prisoners and all costs (gas, insurance and vehicle maintenance) associated with that vehicle. ■ Within the first 2 or 3 months after my appointment, I had all warrants purged from the system when we were having one or two people arrested per week on either improperly issued or previously quashed warrants. We were creating a potentially huge liability problem for the Town. ■ New valid warrants were issued within 60 days after inspecting each file by hand. ■ In the 2.years since we purged our warrants, we have not had a defendant arrested on an invalid warrant. ■ Have eliminated unnecessary hearing dates to review payment plans and probation status. These hearing not only caused a great deal of work for staff and the prosecutor but made defendants miss more work creating more hardship. ■ Condensed the calendar to put all pretrial and arraignments on one day per week instead of the two daysper week schedule Judge Dillow had setup. Now the prosecutor covers the court two days a week instead of three. At $ 1001hr, the legal billing to the Town should have been about $40,000 lessperyear for the last 2 '/a years. ■ I am on call 24 hoursiday, 7 days/week with all law enforcement agencies in this County but particularly with the Marana P.D. for search and arrest warrants. ■ Every few months I am on call for the weekend to handle all emergency protection and harassment orders for the County (uncompensated). y • Majority of complaints now received by the court concern our small lobby or limited seating in the courtroom. • The efficiency steps taken in last 2'hyears has resulted in Town saving $409,000 to $500,000. 1. No 2 ° '.Judge. 2. No 2"'- officer. 3. No van and related costs. 4. Reduced prosecution costs. 5.40% reduction in jail costs. More importantly, the citizens of Marana are having a more positive experience in their Town Court. TOWN COUNCIL MEETING TOWN OF MARANA 9 RA ; INFORMATION t MEETING DATE: July 6, 2004 AGENDA ITEM: IX. B. 6 TO: MAYOR AND COUNCIL FROM: Michael A. Reuwsaat, Town Manager SUBJECT: Discussion/Direction: Relating to Personnel; Discussion and consideration of a proposed amendment to the Town's Personnel Policies Manual, revising Policy 5 -6 "PROBLEM RESOLUTION.» DISCUSSION As you know, the Town has a Personnel Policies Manual for employees of the Town. I directed Town staff to prepare a revised procedure by which classified employees of the Town may seek formal review of disciplinary actions affecting their pay status [e.g., suspension without pay, demotion with reduction in pay, or termination]. This revised policy provides a four step review procedure culminating in a formal appeal to a five member Personnel Action Review Board. I believe this revised procedure is consistent with modern employment practices in the public sector in our region. Moreover, I believe that it provides our highly valued employees with a fair opportunity for impartial review of disciplinary actions taken against them. Finally, it comports with statutorily mandated personnel action review procedures which apply to municipal law enforcement officers. Pursuant to the Policy Manual, amendments to personnel policies and procedures may not be adopted at the first Council Meeting at which they are presented. Rather, they must be considered and discussed at one Council meeting and then proposed for adoption at a subsequent Council meeting. Therefore, the revised Policy 5 -6 "PERSONNEL ACTION REVIEW PROCEDURES" before you this evening is for discussion and consideration only. RECOMMENDATION Review the revised Policy 5 -6 and discuss it. Advise staff of any comments or suggestions you may have. SUGGESTED MOTION None. Staff will bring this item back for possible action at the next Council meeting. State Legislative Issues MAR/JCB 071011200414:23 PM e Policy 5 -6 PERSONNEL ACTION REVIEW PROCEDURES Section 5 -6 -1 Informal Personnel Review Procedure Any employee who has a problem or complaint, which does not qualify as a Reviewable Issue as defined below, should try to resolve the issue with his or her immediate supervisor. If, after this discussion, the employee does not believe the problem has been satisfactorily resolved, the employee should discuss it with the department head. Every effort should be made to find an acceptable solution by informal means at the lowest possible level of supervision. Section 5 -6 -2 Formal Personnel Action Review Procedure A. A Reviewable Issue is defined as a Classified Employee's disagreement concerning any employment action to demote with reduction of pay, terminate, or suspend the employee without pay. B. Employees who desire to appeal a Reviewable Issue must notify the Town Clerk, in writing, within ten (10) working days of receiving written notification of the Reviewable Issue. This procedure is the sole remedy for employees to appeal or challenge Reviewable Issues. Section 5 -6 -3 Formal Personnel Action Review Procedure Steps Although the formal personnel action review procedure has four (4) steps, Reviewable Issues may be resolved at any step in the process. Reviewable Issues are to be processed until: (a) the employee is satisfied; (b) the employee does not file a timely appeal (as defined in the steps below); or (c) a decision has been made in the final step. A decision becomes binding on all parties whenever an employee does not file a timely appeal or when a decision is made in the final step. Any employment action to demote with reduction of pay, terminate, or suspend the employee without pay is held in abeyance until step three when the Town Manager has made a decision, unless a decision made in the prior steps has previously become binding as described above. The Town may, in its sole discretion, place an employee on paid administrative leave until a decision becomes binding. Employees who wish to appeal a Reviewable Issue should proceed as follows: A. Step One: Within ten (10) working days of receiving written notification of the Reviewable Issue, file a request for formal personnel action review with the Town Clerk on a form provided by the Town. The department head shall investigate the issue, attempt to resolve it, and give a written decision to the employee within ten (10) working days of having received the employee's request for formal personnel action review. If the issue involves the employee's department head, the Town Clerk shall give the request for formal personnel action review to the Human Resources Director who shall proceed as stated in Step Two, below. B. Step Two: If the employee is not satisfied with the department head's decision, the employee may appeal the decision to the Human Resources Director. Such an appeal must be submitted in writing to the Town Clerk within ten (10) working days after receipt of the decision being appealed. The Human Resources Director shall confer with others as required, investigate the appeal, and communicate a decision in writing to all concerned parties within ten (10) working days of having received the employee's written notice. If the issue involves the Human Resources Director, the Town Clerk shall give the request for formal personnel action review to the Town Manager who shall proceed as stated in Step Three, below. C. Step Three: If the employee is not satisfied with the Human Resources Director's decision, the employee may appeal the decision to the Town Manager. Such an appeal must be submitted in writing to the Town Clerk within ten (10) working days after receipt of the decision being appealed. The Town Manager shall confer with others as required, investigate the appeal, and communicate a decision in writing to all concerned parties within ten (10) working days of having received the employee's written notice. The Town Manager's decision shall take effect immediately. The Town Manager may delegate the duties under this paragraph. D. Step Four: If the employee is not satisfied with the decision of the Town Manager, the employee may appeal the decision in writing to the Personnel Action Review Board. To do so, the employee must submit to the Town Clerk, within ten (10) working days after receipt of the decision being appealed, all previous correspondence concerning the matter, along with the employee's written arguments and reasons for the ongoing appeal. The Personnel Action Review Board shall set a hearing on the issue and make a final and binding decision, communicated to all parties concerned, as discussed in the "RULES OF APPEAL TO THE PERSONNEL ACTION REVIEW BOARD." Section 5 -6 -4 Personnel Action Review Procedure Rules A. At all steps in the process, information concerning the Reviewable Issue is to be held in the strictest confidence as may be allowed by state law. Supervisors, department heads, and others are cautioned that they must investigate and discuss issues only with those individuals who have a "need to know "and/or who supply information necessary to the investigation in order to abide by the provisions of this procedure. B. Work conditions permitting, an employee seeking personnel action review under this procedure may be granted up to one (1) hour of work time per day to spend pursuing the review. This time must be coordinated through the employee's immediate supervisor. Additional time may be granted by the Personnel Action Review Board upon motion made in writing and filed with the Town Clerk. This motion shall provide in writing the reasons that one (1) hour per work day is not sufficient time to pursue the review. C. For pay/benefit purposes, time spent by authorized employees, other than the employee seeking personnel action review or his or her observer, in discussions with management or in testifying before the Personnel Action Review Board is considered time worked. D. Employees may have an observer present at any interview in the process. The observer may not participate in the interview; rather, the observer merely attends and watches the interview. If the observer is a Town employee, the time spent attending the interview shall not be counted as time worked for pay/benefit purposes. During any interview in the process, the employee seeking review shall be permitted to take reasonable breaks of limited duration to consult with any other person. E. The time limits specified in any step of the review process may be extended to a definite date by mutual written agreement of the parties involved. However, in the absence of a written agreement, all parties involved must adhere to the time periods. If the employee fails to timely appeal, in writing, to the next step in the process, the matter shall be final, binding and not subject to further review. Section 5 -6 -5 Personnel Action Review Board A. Composition; Officers 1. The Personnel Action Review Board (hereinafter "PRB ") shall be composed of five (5) members and five (5) alternate members. Two (2) members and two (2) alternate members shall be residents of Marana, appointed by the Town Council for terms of three (3) calendar years, who are not employed by the Town and are not members of any other Town body (preference should be given to individuals who have personnel experience), and three (3) employees of the Town ( "Employee -Board Members "), who are elected by the Town's employees to serve terms of two (2) calendar years. Employee -Board Members shall be elected from the following departments /groups: one from the Police Department (including non - uniformed • members of the Department), one from the Development Services group (including: Water, Geographic Information Systems, Operations & Maintenance, Public Works, Planning & Zoning, and Building Inspection Departments), and one from the remaining group of departments (including: Administration, Airport, Information Technology, Town Clerk, Finance, and Magistrate Court). 2. Interested employees should submit their names to the Town Manager for inclusion on ballots which will be distributed to the employees within the defined workgroups. Only employees in "good standing" will be allowed to place their names in consideration for election to the PRB (i.e., employees with current disciplinary actions, disciplinary probation, or other documented unsatisfactory work performance will be precluded). 3. The second highest vote recipient in each group shall be considered the alternate (for that group) for the same two (2) year term. If the primary Employee -Board Member from that group is personally involved in the appeal before the PRB, the alternate shall assume the duties of the primary Employee -Board Member for that group for that particular appeal only. If the primary Employee -Board Member from any of the three (3) workgroups terminates employment with the Town or otherwise becomes ineligible to serve as described in section 1.2, above, the alternate shall automatically become the new Employee -Board Member representing that group. In the event that there is no alternate Employee -Board Member available, a special election shall be conducted to provide appropriate representation on the PRB. M 4. If Non - employee Board Members are unable to attend a hearing within the time designated for such hearing, then the alternate Non - employee Board Members shall serve on the PRB. If there are no alternate Non - employee Board Members available to serve, the Town Council may appoint pro -tem members as needed to ensure a quorum. 5. All Board Members serve in a voluntary capacity. Employee -Board Members shall receive only their regular pay and benefits while engaged in official PRB activities. Employee -Board Members shall not receive additional compensation from the Town for their activities with the PRB, nor are they eligible for additional benefits as a result. Non - employee Board Members shall not be compensated nor shall they receive any benefits from the Town for their service on the PRB. 6. At its first regular meeting, and each year thereafter, the PRB shall select a Chairperson and Vice - Chairperson from its members. B. Meetings: The PRB may hold regular meetings, but shall meet at least once annually at such time and place within the Town as is designated by the Chairperson of the Board. In addition, the PRB may hold special meetings upon the call of the Chairperson or a majority of the members of the PRB. A majority of the members of the PRB shall constitute a quorum for the transaction of business. Meetings shall be properly noticed and conducted in accordance with the Arizona Open Meeting Law and such operational rules and procedures as shall be adopted by the PRB. All meetings shall be recorded and accurate minutes shall be approved by the PRB and forwarded to the Town Clerk. C. Duties: The duties of the PRB shall consist solely of conducting hearings on appeals and requests for additional preparation time, pursuant to section 4.2 of the "PERSONNEL ACTION REVIEW PROCEDURE RULES." In addition, the Board shall meet at least once annually to review its own procedures and organization. D. Hearings: The hearings conducted by the PRB shall be properly noticed and conducted in accordance with the Arizona Open Meeting Law. The hearings need not be conducted according to technical rules relating to evidence and witnesses, but shall follow the "RULES OF APPEAL TO THE PERSONNEL ACTION REVIEW BOARD." E. Administrative Support: The Town Manager or the Town Manager's designee shall provide staff support to the PRB for administrative functions, such as drafting agendas, preparing minutes and other functions. F. Legal Advice: The PRB may seek legal advice at any time from independent legal counsel at the Town's expense. Section 5 -6 -6 Rules of Appeal to the Personnel Action Review Board i I I I I A. Method of Appeal: Appeals shall be in writing and addressed to the PRB through the Town Clerk. Upon receipt of the written appeal, the Town Clerk shall notify the Town Manager, Human Resources Director, department head and the PRB. The appeal shall include all previous correspondence concerning the Reviewable Issue, along with the appellant's written arguments and reasons for the appeal. The written appeal shall also state a remedy desired by the appealing employee, with any supporting arguments. The PRB shall request the Town to furnish copies of all correspondence and any part of the appellant's personnel file pertaining to the Reviewable Issue. B. Acceptance and Notice: The PRB has the authority, after reviewing all materials, to decide whether the matter presents a Reviewable Issue as defined in Section 2.1 of the "PERSONNEL ACTION REVIEW PROCEDURES," and whether the issue is ripe for its review by the PRB. Within thirty (30) calendar days of acceptance of the appeal, the PRB shall set a date for a hearing. The Chairperson of the PRB shall notify all interested parties of the date, time, duration and place of the hearing. The hearing should take place within sixty (60) calendar days of the filing of the appeal notice with the PRB, but shall not be sooner than twenty (20) calendar days from the date of the hearing notice. The hearing shall be of sufficient duration to allow adequate time for the matter to be presented. The appellant shall be required to provide the PRB and the Town with a list of witnesses whom the appellant may call at the hearing (along with a brief statement of the purpose of each witness' testimony). If another person is to represent the appellant, the name of the representative, relationship to the appellant, and the representative's address and telephone number shall also be submitted to the PRB and the Town. The Town shall also furnish the name of its representative and a list of the Town's witnesses who may be testifying at the hearing (with a brief statement of the purpose of each witness' testimony). These written materials shall be submitted within ten (10) calendar days of the hearing date notification. C. Hearings: The appealing employee shall appear personally, unless physically unable to do so, before the PRB at the time and place of the hearing. The appealing employee may be represented by any person or attorney (other than a Board Member or a Town employee) who is willing and is not a witness or otherwise involved in the matter. The Town may also be represented. The parties are individually responsible for their own attorney's fees. The hearing will be conducted in the sequence described below to give each party a reasonable opportunity to present their position. The decisions of the Chairperson on the conduct of the hearing will be final. �I D. Hearing Protocol 1. The Chairperson shall call the hearing to order, introduce all parties, summarize the issues and relief requested, outline the hearing sequence, and swear in all witnesses. I 2. The appellant or the appellant's representative makes an opening statement. i 3. The Town or its representative makes an opening statement. 4. The appellant presents his or her witnesses and other evidence. I I '!I I i i I 5. The Town's representative may ask questions after the appellant has completed the questioning of each witness. After the appellant's witness testifies and the Town's representative and PRB members have had an opportunity to ask questions, the witness will be dismissed. i 6. When all witnesses of the appellant have been heard, the Town will present its witnesses and evidence in the same format. The appellant may ask questions of the Town's witnesses. The PRB, after the appellant's questioning, may also question each witness. 7. The Town's representative may make comments or closing remarks. 8. The appellant or the appellant's representative may then make comments or closing remarks. 9. When both sides have been heard, the PRB may discuss the testimony of the witnesses and evidence presented during the hearing. The PRB members shall vote and render a decision. The decision shall be based on a majority vote of the PRB members. The voting shall be by roll call. The only decision the PRB may make is to uphold or overturn the action of the Town appealed by the employee. �I E. Findings In Favor of the Appellant: If the PRB overturns the action of the Town, the PRB shall, within ten (10) calendar days after the conclusion of the hearing, prepare and distribute the PRB's final decision to the appellant, the Town Manager, Human Resources Director and the department head. The PRB shall indicate that back payment for wages shall be made by the Town to the appellant. In addition, pursuant to A.R.S. 38 -1007 and 38 -1004 (C), the PRB may also award reasonable costs and attorney's fees to the appellant, not to exceed $10,000.00, if the appellant was appealing action that amounted to, at least, a suspension without pay greater than sixteen (16) hours. If necessary, the PRB may set a hearing, no later than ten (10) calendar days from the conclusion of the appeal hearing, to make findings as to the amount of back pay, benefits, costs and attorney's fees to award to the appellant. An award of attorney's fees shall not be made if either of the following apply: 1. The Reviewable Issue arose not as a result of discipline, but was for administrative purposes such as a reduction in force; or 2. The disciplinary action related to off -du activities unrelated to the required duties p rY off-duty of the Appellant. I F. Further Appeals: The decision of the PRB is final and non - appealable within any Town process. Further appeal may be had through judicial review pursuant to law. If the Town appeals the decision of the PRB to Superior Court, the Town shall file a written notice of appeal with the PRB, through the Town Clerk, within five (5) calendar days of the date of the PRB's final findings made pursuant to section 4, above. The filing of the notice of appeal shall stay any award made by the PRB pursuant to section 4, above, pending resolution of i I II , the appeal in court. V III i i I ' I i I I 'I i I I I I I I i �I - I I I PERSONAL ACTION REVIEW PROCEDURES APPLIES ONLY WHEN THERE IS A "REVIEWABLE ISSUE" — "A CLASSI- FIED EMPLOYEE'S DISAGREEMENT CONCERNING ANY EMPLOYMENT ACTION TO DEMOTE WITH REDUCTION OF PAY, TERMINATE, OR SUS - PEND THE EMPLOYEE WITHOUT PAY" I • Appeal filed with Town Clerk within ten working days of receiving written notice of a reviewable issue. • Department Head investigates and attempts to resolve the issue; written decision given to the employee within ten working days. (This step skipped if the review- able issue involved the Department Head.) • Appeal to Human Resources Director within ten working days after receipt of Department Head's decision. • Human Resources Director investigates the appeal and gives a written decision within ten working days. (This step skipped if the reviewable issue involved the Human Resources Director.) • Appeal to the Town Manager within ten working days after receipt of the Human Resources Director's decision. • Town Manager or designate investigates and provides a written decision within ten working days. (Decision becomes effective.) • Appeal to Personnel Action Review Board within ten working days after receipt of Town Manager's decision. • Personnel Action Review Board hearing occurs within sixty calendar days of the appeal, and the decision is made within ten calendar days after the conclusion of the hearing. i I {00000029.DOC �} I i I I PERSONNEL ACTION REVIEW PROCEDURES MAXIMUM TIMELINE DAY DESCRIPTION i 1 "Reviewable issue" given in writing to employee 15 Employee files appeal to Department Headt 29 Department Head issues decision 33 Employee files appeal to Human Resources Director# 47 Human Resources Director issues decision 61 Employee files appeal to Town Manager 75 Town Manager issues decision (penalty imposed) I 89 Employee files appeal to Personnel Action Review Board (PRB) 119 PRB sets hearing date 149 PRB hearing occurs 159 PRB decision * Not including any continuances or extensions granted by the PRB. t Skipped if Department Head was involved in the decision being appealed. Skipped if Human Resources Director was involved in the decision being appealed. I 'I �I I {00000030.DOC /} t 't ' p F . TOWN COUNCIL MEETING TOWN OF MARANA , 9 MARANA 7 INFORMATION: z MEETING DATE: July 6, 2004 AGENDA ITEM: IX. B. 9 TO: MAYOR AND COUNCIL FROM: Frank Cassidy, Town Attorriey SUBJECT: Resolution No 2004 -98 Relating to Development; approving and authorizing the execution of a development agreement regarding the Tangerine Crossing development project, and declaring an emergency. DISCUSSION This is a proposed development agreement for the 301 -acre Tangerine Crossing project, located at the northeast corner of Tangerine and Thornydale roads. The Pima County Board of Supervi- sors originally approved the Tangerine Crossing project in 1988 as the "Forest City Specific Plan," a combined residential (1,189 dwelling units on 114 acres), commercial (111 acres) and office (35 acres) development. Tangerine Crossing was annexed into the Town of Marana by Ordinance No. 97.24, approved by the Town Council on August 5, 1997 but not effective until approved by the voters at a Septem- ber 8, 1998 referendum election. The Town translated the land uses and densities as they had been allowed in Pima County under the Forest City Specific Plan. Development of Tangerine Crossing has been significantly affected by the designation of the cactus ferruginous pygmy owl as an endangered species under the Endangered Species Act (ESA). Under authority of the ESA, the U.S. Fish and Wildlife Service (FWS) has generally been restricting land disturbance within pygmy owl habitat to about twenty percent. Because the development of Tangerine Crossing will require a FWS consultation if the pygmy owl remains listed, Town staff has expected relatively low - disturbance despite the underlying zoning. This expectation came into doubt in late 2003, when the Ninth Circuit Court of Appeals re- manded the listing to the District Court for further proceedings and ruled that the pygmy owl list- ing was arbitrary and capricious. The potentially imminent de- listing of the pygmy owl led the Town to begin work on the Bajada Environmental Resource Overlay District (BEROD), which in its current form would limit disturbance to forty percent in the bajada area of the Tortolita Mountains — significantly more than typically permitted in FWS pygmy owl consultations, but significantly less than otherwise permitted by the Marana Land Development Code and existing underlying zoning. To avoid potential litigation over whether Town- adopted disturbance limitations could effec- tively be imposed on the already -zoned Tangerine Crossing property, the Town and the devel- j00000011.DOC /} Tangerine Crossing DA Bluesheet - 1 - 71112004 9:50 AMFJC t oper of Tangerine Crossing began settlement negotiations that have resulted in the Tangerine Crossing development agreement which is now presented for Mayor and Council approval. If approved, the Tangerine Crossing development agreement will effectively replace the existing zoning regulations and entitlements with the following provisions (among others): • Disturbance limited to fifty percent of the site • Six thousand square foot minimum residential lots • Not more than forty acres of commercial land uses at the northeast corner of Tangerine and Thornydale • Development consistent with the concept plan attached as Exhibit C to the agreement • A park and trail system contribution of $1,400 per residential unit • A regional roadway contribution of $3,500 per residential unit • A voluntary school contribution of $1,200 per residential lot in lieu of school land dedication • A seven -year period during which the Town may not amend the zoning requirements that apply to Tangerine Crossing without the landowner's approval • A ten -year period during which the Town may not reduce or alter the allowed density or in- tensity of Tangerine Crossing land uses without the landowner's approval Town staff believes the Tangerine Crossing development agreement is the best possible product of good faith negotiations between the Town and the developer of Tangerine Crossing. RECOMMENDATION Staff recommends adoption of Resolution No. 2004 -98, approving and authorizing the execution of the Tangerine Crossing development agreement, and declaring an emergency. SUGGESTED MOTION I move to adopt Resolution No. 2004 -98. (00000011.DOC/) Tangerine Crossing DA Bluesheet -2- 71112004 9:50 AMFJC _ III MARANA RESOLUTION NO. 2004-98 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING THE EXECUTION OF A DEVELOPMENT AGREEMENT REGARDING THE TANGERINE CROSSING DEVELOPMENT PROJECT, AND DECLARING AN EMERGENCY. 'I WHEREAS, the Tangerine Crossing development was annexed into the Town of Marana and the zoning translated to its Pima County equivalent by Ordinance No. 97.24 adopted August 5, 1997 but not effective until approved by the voters at a September 8, 1998 referendum election; and WHEREAS, the land uses, densities and disturbance permitted by the existing zoning of the Tangerine Crossing exceeds what the Town believes is appropriate for the area, based on recent environmental and development trends in the vicinity of the Tortolita Mountains; and WHEREAS, to avoid potential litigation over whether Town - adopted disturbance limitations could effectively be imposed on the already -zoned Tangerine Crossing property, the Town and the developer of Tangerine Crossing began settlement negotiations that have resulted in the preparation of the Tangerine Crossing Development Agreement; and WHEREAS, the Mayor and Council find that the terms and conditions of the Tangerine Crossing Development Agreement are in the best interest of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Tangerine Crossing Development Agreement is hereby approved. I SECTION 2. The Mayor is hereby authorized and directed to execute, and the Town Clerk is hereby authorized and directed to attest to, the Tangerine Crossing Development Agreement attached to and incorporated by this reference in this Resolution as Exhibit A, for and on behalf of the Town of Marana. SECTION 3. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this resolution. I SECTION 4. It is necessary for the preservation of the peace, health and safety of the Town of Marana that this Resolution become immediately effective, so an emergency is hereby declared to exist and this Resolution shall be effective immediately upon its passage and adoption. I 100000010.DOC /1 Resolution 2004 -98 Tangerine Crossing DA - 1 - 7/1/200411:58 AMFJC e �I PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 6 day of July, 2004. Mayor BOBBY SUTTON, JR. ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney I I I j I I i I I I I I ' I (00000010.DOC /) Resolution 2004 -98 Tangerine Crossing DA -2- 7/1/200411: 5 8 AMFJC j i t IC I TANGERINE CROSSING DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT ( "this Agreement ") is made by and between the TOWN OF MARANA, an Arizona municipal corporation (the "Town ") and CHICAGO TITLE TRUST No. 12133 and its beneficiary TANGERINE ROAD ASSOCIATES, an Arizona general partnership (collectively the "Developer "). The Town and the Developer are collectively referred to in this Agreement as the "Parties, and who are sometimes individually referred to as the "Party." RECITALS A. The Developer is the owner of approximately 301 acres of real property, within the corporate limits of the Town, as depicted on the map attached as Exhibit "A" and legally described on Exhibit `B" (the "Property "). B. On January 5, 1988, the Pima County Board of Supervisors adopted Ordinance 1988 - 11, rezoning the Property to "Forest City Specific Plan." The Forest City Specific Plan authorizes the development of 114 acres for residential use, with a maximum of 1,189 dwelling units; 111 acres for commercial use at a maximum floor area ratio ( "FAR") of 1.0; and 35 acres for office use, at a maximum FAR of 1.0. C. On December 10, 1996, Pima County approved a final subdivision plat for the Property entitled "Tangerine Crossing," recorded at Book 49 of Maps and Plats, page 11, Pima County Recorder's office (the "Tangerine Crossing Final Plat "). D. On August 5, 1997 the Mayor and Council of the Town adopted Ordinance No. 97.24, approving the "Tangerine Road/Thornydale Road Annexation," which included the Property, and translating the zoning of the Property to "Marana Zone of Specific Plan (F)." E. As a result of a successful referendum petition, Ordinance No. 97.24 was referred to the voters at a September 8, 1998 election. F. On September 15, 1998, the Pima County Board of Supervisors approved the official canvass of votes for the September 8, 1998 election, finding that Ordinance No. 97.24 was approved by 61.36% of the electors and making the Tangerine Road/Thornydale Road Annexation effective. G. Before the Town's annexation of the Property, Pima County approved and recorded in November 1996 the Tangerine Crossing Block Plat and Covenants, Conditions & Restrictions. Contemporaneously, Pima County approved a Master Sewer Basin Study, a Master Drainage Analysis, Vegetation Inventory and Salvage Plan, Master Traffic Analysis, Archeological Study, and a Transportation Financing Plan. On December 17, 1996, the City of Tucson Water Department approved the Water Master Plan and committed to serve the Property based on the assurance of a 100 -year water supply. H. On October 24, 2000, the Mayor and Council of the Town adopted Ordinance No. 2000.19, acknowledging that the Town intended for the Pima County Forest City Specific Plan to be adopted and redesignated as the Town of Marana Forest City Specific Plan when the Property was annexed. The Town of Marana Forest City Specific Plan is referred to in this Agreement as the "Forest City Specific Plan." T he Forest City Specific Plan adopted by the Town confirmed the maximum density limitations of the plan approved by Pima County. Pursuant to the Forest City Specific Plan, the Developer dedicated 8 acres of additional right -of- way for Tangerine Road. i (00000012.DOC/1 159632.3 TANGERINE CROSSINGDEVELOPMENTAGREEMENT -I- 6121104 DRAFT I i I. Following annexation of the Property by the Town, the Town on April 25, 2002, issued a grading permit to the Developer, pursuant to the recorded Block Plat, and approved grading plans, roadway plans, an addendum to the drainage studies, stormwater pollution prevention plans and native vegetation salvage plans. J. In November 2003, the Town began proceedings to restrict the permissible disturbance of natural vegetation on the Property, in a manner the Town believes is more consistent with existing d evelopment t rends a nd e nvironmental considerations i n t he v icinity o f t he P roperty. This proposed change, described as the Bajada Environmental Resource Overlay District ( "BEROD "), would have the effect of limiting the Property's development potential otherwise allowed by the Forest City Specific Plan. K. The Parties prefer to avoid Town - initiated changes that affect the Forest City Specific Plan, including BEROD, by reaching agreement concerning the development of the Property as provided in this Agreement. L. This Agreement is a "Development Agreement" under A.R.S. § 9- 500.05. M. The following are among the Town's development regulations that now apply to the Property (the "Pre- Existing Regulations "): i) The Forest City Specific Plan. ii) Conditions of the Developer's Preliminary Block Plat for Tangerine Crossing approved by Pima County. iii) The Tangerine Crossing Final Block Plat. iv) The Marana Development Code (including the written rules, regulations, procedures, and other policies relating to development of land, whether adopted by the Mayor and Council or by Town Staff) (collectively the "Marana Development Code "). N. The Pre - Existing Regulations notwithstanding, the Developer and the Town desire that the Property be developed in a manner consistent with the Marana Development Code existing on the Effective Date (which shall not include BEROD, either as presently proposed or subsequently adopted), as amplified and supplemented by this Agreement. The Parties further desire that the development of the Property will generally proceed in accordance with the land uses shown on the Tangerine Crossing Concept Plan attached to this Agreement as Exhibit "C" (the "Concept Plan"). Collectively these governing documents are referred to in this Agreement as the "Development Regulations." O. The Town and the Developer acknowledge that the development of the Property pursuant to this Agreement will result in planning and economic benefits to the Town and its residents. P. The Developer has made, and by this Agreement will continue to make, a substantial commitment of resources for public and private improvements on the Property. Q. This Agreement is consistent with the portions of the Town's General Plan that apply to the Property. I I I i {00000012.DOCI) 159632.3 TANGERINE CROSSINGDEVELOPMENTAGREEMENT -2- 6121104 DRAFT i �I AGREEMENT Now, THEREFORE, in consideration of the foregoing premises and them utual promises and agreements set forth in this Agreement, the Parties hereby agree as follows: Article 1. Minimum Residential Lot Size. No residential lot on the Property shall be less than six thousand (6,000) square feet in size. Article 2. Environmental Sensitivity and Site Disturbance 2.1. Site Disturbance Restriction The Developer shall disturb no more than 150.5 acres, (50% of the Property). For purposes of this requirement, disturbed areas shall include, without limitation, any disturbance associated with emergency access, utilities, easements, onsite roadways, constructed drainageways, homesites, driveways, landscaping, or any other development activity that will occur or has already occurred on the Property. Town- approved unsurfaced pedestrian recreational trails within undisturbed natural open space areas shall not be considered disturbed areas for purposes of this requirement. Disturbance associated with offsite improvements to Tangerine or Thornydale Roads shall be excluded for purposes of determining the area of disturbance. 2.2. Identification of Undisturbed Areas Before the issuance of any grading permit or other approval that would otherwise allow the Developer to remove vegetation from the Property, the Developer shall identify the portions of the Property anticipated to remain in their undisturbed natural state with such maps or other documentation as are reasonably acceptable to the Town. As development and development approvals occur for the Property, the specific locations of undisturbed natural areas, and the maps or other documentation associated with it, may be modified with the written reasonable consent of the Town, provided that the Developer shall at all times remain in compliance with paragraph 2.1 above. 2.3. Protection of Undisturbed Areas During Construction The Developer shall install construction fencing to assure that all areas required to remain in their undisturbed natural state are protected during construction. Except as specifically modified by the terms of this Agreement, the Developer shall comply with all Town grading requirements. 2.4. Permanent Maintenance of Undisturbed Natural Areas With the exception of recreational trails constructed in undisturbed natural areas as provided in paragraph 2.1 above, undisturbed natural areas set aside as required by this Article shall be permanently maintained in their undisturbed natural state. 2.5. Ownership and Control of Undisturbed Natural Areas Not later than when construction begins on the last substantial phase of the Property's development, the undisturbed natural areas set aside and maintained as required by this Article shall be placed in the permanent ownership and control of (i) one or more homeowners associations established by declarations of restrictive covenants recorded over all or part of the Property or (ii) a government or conservation entity the Town reasonably determines is willing and able to permanently maintain the undisturbed natural areas as required by this Article. 2.6. Compliance with State and Federal Laws and Regulations No approval, permit or authorization of the Town authorizes the Developer to violate any applicable federal or state laws (00000012.DOC 159632.3 TANGERINE CROSSING DEVELOPMENT AGREEMENT -3- 6121 DRAFT i F t or regulations, or relieves the Developer from the responsibility to ensure compliance with all applicable federal and state laws and regulations, including but not limited to the Endangered Species Act and Clean Water Act. Article 3. Development Plans. 3.1. Development Review The Property shall be developed in a manner consistent with the D evelopment R egulations, w hich t ogether e stablish t he b asic 1 and u ses, a nd t he d ensities, intensities and development regulations that apply to the land uses authorized for the Property. Upon the Developer's compliance with the applicable development review and approval procedures and substantive requirements of the Development Regulations, the Town agrees to issue such permits or approvals for the Property as may be requested by the Developer. 3.2. Development Conditions The Developer agrees to fulfill all conditions and requirements for the Property outlined in the Development Regulations. 3.3. Revised Plat Anything to the contrary notwithstanding, the Developer may submit and the Town shall approve a revised subdivision plat for all of the Property based upon the Concept Plan attached as Exhibit "C ", as long as it meets the requirements of the Development Regulations. 3.4. Commercial Area. The Town acknowledges the existing land use entitlement for a commercial land use designation for an area not to exceed 40 acres at the northeast corner of Tangerine Road and Thornydale Road as shown on the Concept Plan, subject to the site disturbance restriction imposed by Article 2 of this Agreement. The Developer may submit and the Town shall approve a Development Plan for the commercial area in accordance with the Development Regulations, providing for two access driveways onto Tangerine Road and three access driveways onto Thornydale Road. The Town shall have the right to require an additional twenty -five (25) feet of right -of -way on Tangerine Road (but not improvements) to provide right -of -way for a frontage road if the Developer utilizes direct access to the commercial area from Tangerine Road. 3.5. Archaeological/Historic Resources Development of the Property shall meet all Town requirements set forth in Title 2 and Title 20 of the Marana Development Code related to archeological and historic resources. 3.6. Site Built Construction and Building Permits All construction on any portion of the Property, whether sold in bulk or individually, whether subdivided or not, shall be site -built and shall require building permits. Article 4. Infrastructure. 4.1. Wastewater The Developer shall construct the necessary sewer system to serve the Property. The sewer system shall be in conformance with, and subject to, the requirements of Pima County Wastewater Management and the Town, and shall be designed and constructed at sole cost of the Developer. 4.2. Park and Trail System Contribution The Developer shall contribute to the Town $1,400.00 p er r esidential u nit f or d evelopment by t he T own o f required p ublic p ark and t rail system facilities, due and payable at the time a building permit for the residential unit is issued. 4.3. Roadway Improvements: Prior to the release of assurances for the first phase of the development, the developer shall construct interim transportation improvements to Tangerine (00000012.DOCI) 159632.3 TANGERINE CROSSINGDEVELOPMENTAGREEMENT -4- 6121104 DRAFT and Thornydale Roads. These interim improvements shall consist of widening to accommodate left turn lanes for the two "collector road" entrances shown on the Concept Plan, associated shoulder widening and paving, and drainage improvements, as more specifically identified in an updated Master Traffic Analysis to be approved by the Town. 4.4. Regional Roadwgy Contribution In satisfaction of the Forest City Specific Plan's requirement that the Developer negotiate a development agreement to address a "transportation improvement financing plan" and a "transportation implementation plan," the Developer shall contribute $3,500.00 per residential unit, due and payable upon the issuance of the building permit, to the Town's transportation fund. This contribution shall be credited against any transportation impact fees adopted by the Town for the purposes of funding regional transportation improvements. The Developer shall receive a credit against any future transportation impact fees for the previous dedication of right -of -way for Tangerine Road, and any additional dedication as required under Article 3.4, based on the value of the land at the time of dedication. The Town shall require no further dedication of right -of -way for Thornydale Road. 4.5. Fire Protection Before a certificate of occupancy is issued for any dwelling unit on the Property, the Developer shall have completed or shall provide evidence to the Town's satisfaction that Developer has made a diligent effort to complete the process of having the Property annexed into a fire district. 4.6. Voluntary Contribution in Lieu of School Land Dedication Developer shall contribute a School Improvement Contribution Fee of $1,200 per residential lot, payable to the Marana Unified School District. The School Improvement Contribution Fee shall be due and • payable at the issuance of the building permit for each residential unit. 4.7. Potable Water Service. The Town acknowledges the existence of that certain Water Service Agreement entered into between Lawyer's Title of Arizona, Inc. Trust Nos. 7804 -T and 7805 -T (Dove Mountain) and the City of Tucson which provides for the service of potable water to the Property, and will not condition approval of Developer's subdivision, development plan or building permit applications upon the use of potable water supplied by the Town. Article 5. Cooperation and Alternative Dispute Resolution. 5.1. Appointment of Representatives To further the commitment of the Parties to cooperate in the progress of the Development, the Town and the Developer each shall designate and appoint a representative to act as a liaison between the Town and its various departments and the Developer. The initial representative for the Town (the "Town Representative ") shall be the Development S ervices Administrator, and the initial representative for the Developer shall be Dean Wingert or a replacement to be selected by the Developer. The representatives shall be available at all reasonable times to discuss and review the performance of the Parties to this Agreement and the development of the Property. 5.2. Timin . The Town acknowledges the necessity for prompt review by the Town of all plans and other materials (the "Submitted Materials ") submitted by the Developer to the Town hereunder or pursuant to any zoning procedure, permit procedure, or other governmental procedure pertaining to the development of the Property and agrees to use its best efforts to accomplish such prompt review of the Submitted Materials whenever possible. (00000012.DOCI) 159632.3 TANGERINE CROSSING DEVELOPMENTAGREEMENT -5- 6121104 DRAFT 5.3. Default, Remedies If either Party defaults (the "Defaulting Party ") with respect to any of that Party's obligations under this Agreement, the other Party (the "Non- Defaulting Party ") shall be entitled to give written notice in the manner prescribed in Article 8 to the Defaulting Party, which notice shall state the nature of the default claimed and make demand that such default be corrected. The Defaulting Party shall then have (i) twenty days from the date of the notice within which to correct the default if it can reasonably be corrected by the payment of money, or (ii) thirty days from the date of the notice to cure the default if action other than the payment of money is reasonably required, or if the non - monetary default cannot reasonably be cured within sixty days, then such longer period as may be reasonably required, provided and so long as the cure is promptly commenced within sixty days and thereafter diligently prosecuted to completion. If any default is not cured within the applicable time period set forth in this paragraph, then the Non - Defaulting Party shall be entitled to begin the mediation and arbitration proceedings set forth in paragraphs 5.4 and 5.5 below. The Parties agree that due to the size, nature and scope of the Property's development contemplated by this Agreement, and due to the fact that it may not be practical or possible to restore the Property to its condition prior to Developer's development and improvement work, once implementation of this Agreement has begun, money damages and remedies at law will likely be inadequate and that specific performance will likely be appropriate for the enforcement of this Agreement. This paragraph shall not limit any other rights, remedies, or causes of action that either party may have at law or in equity. 5.4. Mediation If there is a dispute under this Agreement which the Parties cannot resolve between themselves, the Parties agree that there shall be a forty -five day moratorium on arbitration during w hich t ime the P arties a gree t o attempt t o s ettle t he d ispute b y n onbinding mediation before commencement of arbitration. The mediation shall be held under the commercial mediation rules of the American Arbitration Association. The matter in dispute shall be submitted to a mediator mutually selected by Developer and the Town. If the Parties cannot agree upon the selection of a mediator within seven days, then within three days thereafter the Town and the Developer shall request the presiding judge of the Superior Court in and for the County of Pima, State of Arizona, to appoint an independent mediator. The mediator selected shall have at least five years' experience in mediating or arbitrating disputes relating to real estate development. The cost of any such mediation shall be divided equally between the Town and the Developer. The results of the mediation shall be nonbinding on the Parties, and any Party shall be free to initiate arbitration after the moratorium. 5.5. Arbitration After mediation (paragraph 5.4 above) any dispute, controversy, claim or cause of action arising out of or relating to this Agreement shall be settled by submission of the matter by both Parties to binding arbitration in accordance with the rules of the American Arbitration Association and the Arizona Uniform Arbitration Act, A.R.S. § 12 -501 et seq., and judgment upon the award rendered by the arbitrator(s) may be entered in a court having jurisdiction. Article 6. Assured Development Rights To establish legally protected rights for the development of the Property in a manner consistent with the Development Regulations and to ensure reasonable certainty, stability and fairness to the Developer and the Town over the term of this Agreement, the Developer and the Town agree that the Development Regulations shall remain in effect and shall not be changed for a period of seven (7) years after the execution of this Agreement without the agreement of the (00000012.DOCI) 159632.3 TANGERINE CROSSING DEVELOPMENT AGREEMENT -6- 6121104 DRAFT Developer; provided, however, that the land use designations shown on the Concept Plan and their allowed density /intensity shall not be altered for a period of ten (10) years without the agreement of the Developer. Article 7. Future Impact Fees If the Town adopts an impact fee for the same infrastructure for which Developer has contributed land or made improvements or paid a voluntary fee pursuant to this Agreement, Developer shall be entitled to a credit for such contributions as set forth in A.R.S. § 9- 463.05. Article 8. General Terms and Conditions. 8.1. Manner of Serving All notices, filings, consents, approvals and other communications provided for in or given in connection with this Agreement shall be validly given, filed, made, transmitted or served if in writing and delivered personally or sent by registered or certified United States mail, postage prepaid, if to (or to such other addresses as either party hereto may from time to time designate in writing and deliver in a like manner): To the Town: Town of Marana Town Manager 13251 N. Lon Adams Road Marana, Arizona 85653 To the Developer: Tangerine Road Associates Attn: Dean Wingert 333 East Wetmore Road, Suite 250 Tucson, Arizona 85705 8.2. Term This Agreement shall become effective upon its execution by all the Parties and the effective date of the resolution or action of the Town Council approving this Agreement (the "Effective Date "). The term of this Agreement shall begin on the Effective Date and, unless sooner terminated by the mutual consent of the Parties, shall automatically terminate and shall thereafter b e v oid f or all p urposes o n t he t wentieth a nniversary o f t he E ffective D ate. If t he Parties determine that a longer period is necessary for any reason, the term of this Agreement may be extended by written agreement of the Parties. 8.3. Waiver No delay in exercising any right or remedy shall constitute a waiver of that right or remedy, and no waiver by the Town or the Developer of the breach of any covenant of this Agreement shall be construed as a waiver of any preceding or succeeding breach of the same or any other covenant or condition of this Agreement. 8.4. Attorney's Fees If any Party brings a lawsuit against any other Party to enforce any of the terms, covenants or conditions of this Agreement, or by reason of any breach or default of this Agreement, the prevailing Party shall be paid all reasonable costs and reasonable attorneys' fees by the other Party, in an amount determined by the court and not by the jury. 8.5. Counterparts This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The signature pages from one or more counterparts may be removed from such (00000012.DOC) 159632.3 TANGERINE CROSSING DEVELOPMENT AGREEMENT -7- 6121104 DRAFT counterparts and such signature pages all attached to a single instrument so that the signatures of all Parties may be physically attached to a single document. 8.6. Headings and Recitals The descriptive headings of this Agreement are inserted for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement. The Recitals set forth at the beginning of this Agreement are hereby acknowledged, confirmed to be accurate and incorporated here. 8.7. Exhibits Any exhibit attached to this Agreement shall be deemed to have been incorporated in this Agreement by reference with the same force and effect as if fully set forth in the body of this Agreement. 8.8. Further Acts Each of the Parties shall execute and deliver all documents and perform all acts as reasonably necessary, from time to time, to carry out the matter contemplated by this Agreement. Without limiting the generality of the foregoing, the Town shall cooperate in good faith and process promptly any requests and applications for plat or permit approvals or revisions, and other necessary approvals relating to the development of the Property by the Developer and its successors. 8.9. Future Effect 8.9.1. Time Essence and Successors Time is of the essence of this Agreement. All of the provisions of this Agreement shall inure to the benefit of and be binding upon the successors, assigns and legal representative of the Parties, except as provided in paragraph 8.9.2 below. Notwithstanding the foregoing, to the extent permitted by law, the Developer's rights under this Agreement may only be assigned by a written instrument and recorded in the Official Records of Pima County, Arizona, expressly assigning such rights, and no obligation of the Developer under this Agreement shall be binding upon anyone owning any right, title or interest in the Property unless such obligation has been specifically assumed in writing or unless otherwise required by law. In the event of a complete assignment by Developer of all rights and obligations of Developer under this Agreement, Developer's liability under this Agreement shall terminate effective upon the assumption of those liabilities by Developer's assignee. 8.9.2. Termination Upon Sale to Public It is the intention of the Parties that although recorded, this Agreement shall not create conditions or exceptions to title or covenants running with the land, unless specifically noted above. Nevertheless, in order to alleviate any concern as to the effect of this Agreement on the status of title to any of the Property, this Agreement shall terminate without the execution or recordation of any further document or instrument as to any lot which has been finally subdivided and individually (and not in "bulk") leased (for a period of longer than one year) or sold to the end purchaser or user and thereupon such lot shall be released from and no longer be subject to or burdened by the provisions of this Agreement. 8.10. No Partnership and Third Parties It is not intended by this Agreement to, and nothing contained in this Agreement shall, create any partnership, joint venture or other arrangement between the Developer and the Town. No term or provision of this Agreement is intended to, or shall be for the benefit of any person, firm, organization or corporation not a party to this Agreement, and no such other person, firm, organization or corporation shall have any right or cause of action under this Agreement. (00000012.DOC /f 159632.3 TANGERINECRossi NGDEVELOPMENTAGREEMENT -8- 6121 104 DRAFT 8.11. Other Instruments Each Party shall, promptly upon the request of the other, have acknowledged and delivered to the other any and all further instruments and assurances reasonably request or appropriate to evidence or give effect to the provisions of this Agreement. 8.12. Imposition of Duty by Law This Agreement does not relieve any party hereto of any obligation or responsibility imposed upon it by law. 8.13. Entire Agreement This Agreement constitutes the entire agreement between the Parties pertaining to the subject matter of this Agreement. All prior and contemporaneous agreements, representation and understanding of the Parties, oral or written, are hereby superseded and merged in this Agreement. 8.14. Amendments to Agreement No change or addition shall be made to this Agreement except by a written amendment executed by the Parties. The Parties agree to cooperate and in good faith pursue any amendments to this Agreement that are reasonably necessary to accomplish the goals expressed in this Agreement. Within ten days after any amendment to this Agreement, it shall be recorded in the office of the Pima County Recorder by and at. the expense of the Party requesting the amendment. 8.15. Names and Plans The Developer shall be the sole owner of all names, titles, plans, drawings, specifications, ideas, programs, ideas, designs, and work products of every nature at any time developed, formulated or prepared by or at the instance of the Developer in connection with the Property or any plans; provided, however, that in connection with any conveyance of portions of the infrastructure as provided in this Agreement such rights pertaining to the portions of the infrastructure so conveyed shall be assigned to the extent that such rights are assignable, to the appropriate governmental authority. 8.16. Good Standing; Authority The Developer represents and warrants to the Town that it i s duly f ormed and v alidly existing under the 1 aws o f Arizona and i s authorized to do business in the state of Arizona. The Town represents and warrants to the Developer that it is an Arizona municipal corporation with authority to enter into this Agreement under applicable state laws. Each Party represents and warrants that the individual executing this Agreement on its behalf is authorized and empowered to bind the Party on whose behalf each such individual is signing. _ 8.17. Severability If any provision of this Agreement is declared void or unenforceable, it shall be severed from the remainder of this Agreement, which shall otherwise remain in full force and effect. If a law or court order prohibits or excuses the Town from undertaking any contractual commitment to perform any act under this Agreement, this Agreement shall remain in full force and effect, but the provision requiring the act shall be deemed to permit the Town to act at its discretion, and if the Town fails to act, the Developer shall be entitled to terminate this Agreement. 8.18. Governing Law This Agreement is entered into in Arizona and shall be construed and interpreted under the laws of Arizona, and the Parties agree that any litigation or arbitration shall take place in Pima County, Arizona. Nothing in the use of the word "litigation" in the preceding sentence shall constitute a waiver of paragraph 5.5, requiring disputes to be resolved by binding arbitration. (00000012.DOCI) 159632.3 TANGERINE CROSSING DEVELOPMENTA GREEMENT -9- 6121104 DRAFT 8.19. Interpretation This Agreement has been negotiated by the Town and the Developer, and no party shall be deemed to have drafted this Agreement for purposes of construing any portion of this Agreement for or against any party. 8.20. Recordation The Town shall record this Agreement in its entirety in the office of the Pima County Recorder no later than ten days after its has been executed by the Town and the Developer. 8.21. No Developer Representations Except as specifically set forth in this Agreement, nothing contained in this Agreement shall be deemed to obligate the Town or the Developer to complete any part or all of the development of the Property. 8.22. Approval If any Party is required pursuant to this Agreement to give its prior written approval, consent or permission, such approval, consent or permission shall not be unreasonably withheld or delayed. 8.23. Force Majeure If any Party shall be unable to observe or perform any covenant or condition of this Agreement by reason of "force majeure," then the failure to observe or perform such covenant or condition shall not constitute a default under this Agreement so long as such Party shall use its best effort to remedy with all reasonable dispatch the event or condition causing such inability and such event or condition can be cured within a reasonable amount of time. "Force maj eure," as used in this paragraph, means any condition or event not reasonably within the control of such party, including without limitation, "acts of God," strikes, lock -outs, or other disturbances of employer /employee relations; acts of public enemies; orders or restraints of any kind of government of the United States or any state thereof or any of their departments, agencies, or officials, or of any civil or military authority; insurrection; civil disturbances; riots; epidemics; landslides; lightning; earthquakes; subsidence; fires; hurricanes; storms; droughts; floods; arrests, restraints of government and of people; explosions; and partial or entire failure of utilities. Failure to settle strikes, lock -outs and other disturbances of employer /employee relations or to settle legal or administrative proceedings by acceding to the demands of the opposing Party or Parties, in either case when such course is in the judgment of and unfavorable to a Party shall not constitute failure to use its best efforts to remedy such a condition. 8.24. Conflict of Interest This Agreement is subject to A.R.S. § 38 -511, which provides for cancellation of contracts in certain instances involving conflicts of interest. (00000012.DOCI) 159632.3 TANGERINE CROSSING DEVELOPMENTAGREEMENT -10- 6121104 DRAFT IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last date set forth below their respective signatures. TOWN: DEVELOPER: THE TOWN OF MARANA, an Arizona CHICAGO TITLE INSURANCE COMPANY, a municipal corporation Missouri Corporation, as Trustee under Trust No. 12133, as Trustee only and not in its corporate capacity By: By: Bobby Sutton, Jr., Mayor Title: Date: Date: ATTEST: TANGERINE ROAD ASSOCIATES, an Arizona general partnership By: FOREST CITY TANGERINE, INC., Jocelyn C. Bronson, Clerk an Arizona corporation Its: Managing Partner APPROVED AS TO FORM: By: Title: Frank Cassidy, Town Attorney Date: STATE OF ARIZONA ) ss County of Pima ) The foregoing instrument was acknowledged before me on by , T rust O fficer o f Chicago T itle Insurance C ompany, a Missouri Corporation, on behalf of that corporation in its capacity as Trustee under Trust No. 12133 and in no other capacity. My commission expires: Notary Public [00000012.DOCg 159632.3 TANGERINE CROSSING DEVELOPMENTAGREEMENT -11- 6121 104 DRAFT STATE OF ARIZONA ) ss County of Pima ) The foregoing instrument was acknowledged before me on by Dean Wingert, Vice President of Forest City Tangerine, Inc., an Arizona corporation, on behalf of the corporation. My commission expires: Notary Public (00000012.DOC/) 159632.3 TANGERINE CRossiNG DEVELOPMENTAGREEMENT -12- 6121104 DRAFT N w � rp^ { i �. � v/ ■ N i I-- w a Z ® 3s • a--w av 0-3 LU � _ a wwr V) C; . � ozo in i sss 8 �ac a- }"a W � ¢ mtu z sill 5 '^ Z_JU QJ LLS F 0 H SE ' z � + a a � r K z O W jc�m ra WO F _ U W �v ZJ Q "' w QUO- f z m g �� W 1 - d W z J � g � 8 N 0 CKY 31 YtS 5 ic !t ( \ z 4 _ O_J¢ co k s— A z C a rte; r �S� std.c Z S d up I ¢ D -- I v w, ._'lam. { q n -s i 103('ONd St�_SfA Q3SOdC21d i � • Exhibits A and B for the Tangerine Crossing Development Agreement were not available at the time of distribution. JCB •