HomeMy WebLinkAboutCouncil Agenda Packet 03/18/2003 TOWN OF MAR.ANA, ARIZONA
COUNCIL MEETING AGENDA
13251 N. Lon Adams Road
March 18, 2003 - 7:00 p.m.
Mayor Bobby Sutton, Jr.
Vice Mayor Herb Kai
Council Member Jim Blake
Council Member Patti Comerford
Council Member Tim Escobedo
Council Member Ed Honea
Council Member Carol McGorray
Town Manager Mike Hein
Assistant Town Manager Mike Reuwsaat
Welcome to this Marana Council Meeting. Regular Council Meetings are usually held the
first and third Tuesday of each mouth 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. Entz, Town Clerk, at 682 -3401, Monday through Friday from
8:00 a.m. to 5:00 p.m.
ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA.
Amended agenda items appear in italics.
Posted by March 14, 2003 by 7 :00 o'clock p.m., at the Marana Town Hall, Marana Police
Department, Marana Development Services Center. 0
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TOWN OF MARANA, ARIZONA
COUNCIL MEETING AGENDA
13251 N. Lon Adams Road
• March 18, 2003 - 7:00 p.m.
I. CALL TO ORDER
H. PLEDGE OF ALLEGIANCE
III. INVOCATION/MOMENT OF SILENCE
IV. ROLL CALL
V. APPROVAL OF AGENDA
VI. ACCEPTANCE OF MINUTES
Minutes of the February 18, 2003 regular Council Meeting
VII. CALL TO THE PUBLIC — ANNOUNCEMENTS —INTRODUCTIONS
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
• PubIic, 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. 2003 -06: Agreement Between Town of Marana and FCD
Marana Venture I, L.L.C., an Arizona limited liability company for
Construction of Potable and Non - Potable Water Facilities and Provision of
Water Utility Service (Brad DeSpain)
2. Resolution No. 2003 -22: Canvass of the Vote, adopting the results of the
Primary Election held on March 11, 2003 (Jocelyn Bronson)
3. Resolution No. 2003 -23 Application for Liquor License: Location Transfer
by a Corporation Consideration of recommendation to State Liquor Board
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TOWN OF MARANA, ARIZONA
COUNCIL MEETING AGENDA
13251 N. Lon Adams Road
March 18, 2003 - 7 :00 p.m.
for a No. 07 (beer and wine bar) liquor license application submitted by
Walter Brent Kyte, on behalf of Pizza Hut of Arizona, Inc., for Pizza Hut
#30 located at 4131 W. Ina Road (Jocelyn Bronson)
4. Proclamation: Proclaiming April 3 -4, 2003 as VFW Red Poppy Days
(Jocelyn Bronson)
5. Increase in Staffing: Request for one additional office support assistant
position to support the Marana Operations Center (Jane Howell)
B. COUNCIL ACTION
1. PUBLIC HEARING: Ordinance No. 2003.04: Amendment to Title 3
Section 03.02, Definitions, "Building; Heights " A request to change the
definition of Building Height, as described in the Town of Marana Land
Development Code, Title 3 — Definitions, Section 03.02 — Definitions "B ",
Building Height (Joel Shapiro) This item was continued from the February
18, 2003 Council Meeting..
2. Resolution No. 2003 -19: Authorizing the approval and execution of an
amendment to Development Agreements between the Town of Marana and
Cottonwood Properties, Inc., and related Trust Entities, relating to the
provision of regional water, trail and traffic improvements (Mike Hein)
3. State Legislative Issues — Discussion/Direction/Action regarding all pending
bills before the Legislature (Mike Hein)
C. MANOR AND COUNCIL'S REPORT
D. MANAGERS' REPORT
X. UPCOMING EVENTS
XI. FUTURE AGENDA ITEMS
XII. ADJOURNMENT
Bobby Sutton, Jr., Mayor
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PLACE AND DATE
Marana Town Hall, March 4, 2003
I. CALL TO ORDER
By Mayor Sutton at 7:00 p.m.
II. PLEDGE OF ALLEGIANCE
Led by Mayor Sutton
III. INVOCATION/MOMENT OF SILENCE
Led by Mayor Sutton
IV. ROLL CALL
COUNCIL
Bobby Sutton, Jr. Mayor Present
Herb Kai Vice Mayor Present
Jim Blake Council Member Present
Patti Comerford Council Member Present
Tim Escobedo Council Member Present
Ed Honea Council Member Present
Carol McGorray Council Member Present
STAFF
Mike Hein Town Manager Present
Dan Hochuh Town Attorney Present
Jim DeGrood Development Services Admin. Present
Jocelyn Bronson Town Clerk Present
Joel Shapiro Planning & Zoning Director Present
Jane Howell Human Resources Director Present
Attached is a list of public attendees.
V. APPROVAL OF AGENDA
Upon motion by Council Member Escobedo, seconded by Council Member
McGorray, the agenda with a change was unanimously approved. The change
was that Item IX. B. 3. Presentation on results from survey administered by the
Arizona Department of Public Safety to the Marana Police Department was
moved to the first item to be heard under IX. B. Council Action.
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VI. ACCEPTANCE OF MINUTES
Upon motion by Council Member Escobedo, seconded by Council Member
McGorray, the minutes of the February 18, 2003 regular Council meeting were
approved 6/0 with one abstention. Council Member Comerford was absent from
that Council meeting so abstained from the vote.
VII. CALL TO THE PUBLIC/ANNOUNCEMENTS
There were no speakers from the public at this time.
VIII. STAFF REPORTS
There were no questions regarding the staff reports.
IX. GENERAL ORDER OF BUSINESS
A. CONSENT AGENDA
There were no items presented for consent.
B. COUNCIL ACTION
1. Presentation on results from survey administered by the Arizona
Department of Public Safety to the Marana Police Department (Richard
Viduarri)
The newly appointed Chief of Police, Richard Viduarri, spoke before the
Council regarding this item. Chief Viduarri gave a brief overview of the
results from a recent survey conducted by the Arizona Department of
Public Safety of the employees of the Marana Police Department. He
reported a 62.2% response rate and informed the Council that the key
areas covered in the survey included job satisfaction, unit environment,
communication empowerment, job performance, supervisors, and
survey customer focus. Chief Viduarri admitted that the results were not
totally positive for the law enforcement agency but emphasized the
positive indicators that had been determined by the survey. He said that
these indicators included a strong customer focus and a job satisfaction
enjoyed by many of the department's employees. He commented that the
top three areas of major concern included communication, employee
recognition, and training.
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The Chief announced that he had already been meeting individually with
every division and unit within the agency regarding the problem areas.
He voiced his intention to use the survey as a positive tool for improving
department deficiencies and stressed that this effort would require
teamwork. He remarked that he hoped to have the support of the entire
police force as well as the Mayor and Council. Chief Viduarri affirmed his
sense of pride in being named the new leader of the Police Department
and said that he had high expectations of his officers. He thanked the
numerous officers and MPD civilian personnel in attendance for their
show of support. He concluded by vowing to work diligently toward
speedy resolutions of all problem areas.
Mayor Sutton commented that a similar survey would be conducted again
in a year and would be used as a progress barometer. He urged everyone
to prepare to work as a team in resolving the identified problems.
Roxanne Ziegler, Continental Ranch resident and former Council member,
spoke before the meeting. She pointed out that she had voiced concerns
regarding former Chief Smith's leadership abilities after an initial internal
survey was conducted in 2000 by the Human Resources department. She
urged the Council and Town staff to pay closer attention to any future
survey results in order to avoid the escalation of serious problems. She
congratulated the new Chief on his appointment and applauded the MPD
officers overall for their dedication and community service.
Vice Mayor Kai welcomed Chief Viduarri and offered his support and
that of the Town Council's with any budget problems or program needs.
2. Discussion/Action: Select Priorities for 2003 Community Development
Block Grant Funding (CDBG) (Dan Groseclose)
Mr. Reuwsaat gave a brief outline of the CDBG projects proposed for the
upcoming fiscal year. He noted that he and the Town Manager would be
working closely with Pima County Supervisor Sharon Bronson in an
attempt to receive funding for all six projects. The proposed projects
included playground equipment for the Marana Apartments complex, a
housing rehabilitation program for low income homeowners, an extension
to the Santa Cruz River Multi -Use Trail, and remodeling funds for the
Marana Health Center.
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MARCH 4 2 03
The total requested funding was $529,500 and also included $30,000
earmarked for administration purposes. He recommended that Council
forward the listed projects to Pima County for consideration and funding.
Council Member Honea inquired about the playground equipment and
whether the Town was able to apply for funding for a private venture
such as the Marana Apartments.
Mr. Reuwsaat replied that TMM, the company building the Marana
Apartments, was a nonprofit organization.
3. Update on Sewer Extension Into Honea Heights Subdivision (Mike
Reuwsaat)
Mr. Reuwsaat briefly outlined the progress being made on the sewer
extension into Honea Heights subdivision. He said that the installation of
the main sewer line coming in from Luckett Road to the Gladden property
was expected to be completed by the end of March or early April and that
residential hookups for this area were expected within approximately
fifteen months. He asked the Council members to expect a CIP
expenditure request for next year's budget and explained that this
funding would enable the sewer hookup process to begin within the
neighborhood.
Vice Mayor Kai asked if the individual homeowners would be responsible
for any of the hookup costs.
Mr. Reuwsaat replied that the homeowners would not have to pay for
either the Pima County connection fee or the construction fee. He said that
those expenses were being absorbed by the Town as part of it's significant
commitment to this project. He said that the funding was accomplished in
three ways and went on to explain that Gladden Farms, the developer,
was putting in the main line at a cost of approximately $3M, then Pima
County had used the private sector construction figure as a match figure
for funding the rural development grant of $1M which would extend the
lateral connections and the step outs. He added that the Town joined in
the funding process by matching this figure with approximately $13M
and facilitating the hookup costs from the property lines to the residences.
He emphasized the importance of this level of commitment by the Town
for quality of life, for the water table and for many other reasons vital to
the success of the development of northwest Marana.
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Council Member Escobedo inquired about future sewer connection costs osts if
property owners choose not to participate in the initial hookup process.
Mr. Reuwsaat replied that this offer was for the initial hookup process
only and that sewer connection costs would indeed be passed along to the
homeowner after this timeframe concluded.
Mr. Hein added that these types of questions were important for public
information and that it was plausible that certain members of the
community might choose not to exercise the right to connect with the new
sewer line but instead continue using their existing septic system. He
commented that there would be a monthly service fee averaging
approximately $10 per household for use of the sewer line.
Council Member Honea inquired about connections for seven homes
located directly contiguous to Honea Heights yet not technically within
the neighborhood.
Mr. Hein said that internal cost estimates would be performed by the
Town staff regarding these properties but that the bottom line on this
issue would be meeting with Pima County in order to ascertain which
households were calculated in income levels when the Town initially
applied for the rural development grant funding. He said that if these
homes were not originally included in the funding proposal then he
doubted that the County would extend the offer without changing the
scope of the grant. He continued by saying that Town staff would look
into extending the sewer connections to those bordering residences and
present the Council with cost estimates for consideration.
4. State Legislative Issues - Discussion/Direction/Action regarding all
pending bills before the Legislature (Mike Hein)
Mr. Hein spoke to the Council regarding this item. He reported that the
only bill before the Legislature at this time that was of importance to
Marana was the McClure Bill, HB 2411. He explained that HB 2411
proposed that if a government act were to diminish a property value by
25% then the property owner had the right to sue the jurisdiction in
Superior Court. He explained that this bill was a concern to the League of
Arizona Cities and Towns as well as to the State's counties because of the
arbitrary nature of the determination of the appraisal reduction. He said
that there were clear logistic issues involved that the bill didn't answer
and substantive policy issues that were not addressed such as dynamic
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MINUTES OF REGULARCOYINCIL MEETING � � �, � y y�' ������
changing times, pygmy -owl critical habitat, overlay districts, setback
requirements, and zoning. He pointed out that the bill was scheduled to
go to committee as early as tomorrow and he invited the Council
members to voice their opposition to this pending legislation.
C. MAYOR AND COUNCIL'S REPORT
Council Member Escobedo reported that the first graduating class of the
Citizens' Emergency Response Team (CERT) was honored on Saturday,
March 1, 2003. He said that the 49 graduate volunteers were from the
Sunflower community. He thanked Officers Melissa Trimble, Michelle Ochoa,
and Bill Derfus for their excellent guidance and instruction throughout the
program. He added that several other CERT classes were being offered to the
community at this time and that this local program had been nationally
recognized for its excellence by the USA Today newspaper.
D. MANAGERS' REPORT
Mr. Hein reported that complimentary hard hats, vests and bags were
presented to the CERT graduates upon their course completion. He also
announced the cancellation of the Marana Health Center's fundraiser
honoring Ora Mae Harn because of scheduling conflicts and other reasons.
X. FUTURE AGENDA ITEMS
There were no items suggested for future agendas.
XI. ADJOURNMENT
Upon motion by Council Member Escobedo, seconded by Council Member
Blake, approval to adjourn was unanimous. The time was 7:30 p.m.
CERTIFICATION
I hereby certify that the foregoing are the true and correct minutes of the
Marana Town Council meeting held on March 4, 2003. 1 further certify that a
quorum was present.
Jocelyn Bronson, Town Clerk
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MARANA
STAFF REPORTS TO COUNCIL
ON/ Building Parks & Rec
Town Clerk - v/ Planning
Court Police
Finance - v/ PW /Engineering
Human Resources Water
•
• BUILDING OFFICIAL'S REPORT
February, 2003
Administration /Permitting:
• Staff reviewed and permitted 99 new single family residences in February.
• Staff reviewed and issued 259 building permits in February (including single family
residences).
• Staff completed 1421 inspection stops in February. The average stops per day was 75.
• The permit fees and valuation data are contained in the "Summary of Construction
Activity " report (enc.).
The month of February remained strong for housing starts. Commercial activity was nil but
followed the trend of the past few years with cycles of applications and permits. The valuation of
the impact fees was $170,450.00.
Building Official:
Our larger projects such as Wal -Mart, Skate Country, and Car Wash on Ina have
begun to final out. We have made every effort to inspect and keep these projects on
• track. Most of the larger jobs will open in March.
The lack of new commercial projects is not indicative of a trend at all. There are
several projects in planning that will go through the process of approval in the next
month or months. There are also areas ripe for development in the northern areas as
we increase the housing that supports those services.
The County and City are both planning fee increases to cover their rising costs. After
discussing our options with Jim DeGrood we have decided to increase our services
and keep our fees the same.
•
\\DEVSERVER \bldgdata\Jack Holden\Finances\Building Official Report\0302.doc111
TOWN OF MARANA
SUMMARY OF CONSTRUCTION ACTIVITY
February -03
Permits Issued
Permit Type # of Permits Permit Fees Valuations
New Single Family Residential (SFR) 99 $426,045.40 $15,071,135.41
Remodel/Addition SFR 10 $1,785.37 $47,672.98
Manufactured House 0 $0.00 $0.00
New Multi Family Residential (MFR) 0 $0.00 $0.00
Remodel /Addition MFR 0 $0.00 $0.00
New Retail Commercial (RC) 0 $0.00 $0.00
Remodel/Addition RC 0 $0.00 $0.00
New Industrial Commercial (IC) 0 $0.00 $0.00
Remodel /Addition IC 0 $0.00 $0.00
Walls 21 $2,309.18 $77,921.20
Swimming Pools /Spas 14 $4,167.30 $122,720.00
Signs 4 $5,428.34 $137,300.00
Certificates of Occupancy 0 $0.00 $0.00
Temporary Construction Trailers 5 $681.25 $63,800.00
Temporary Tents 0 $0.00 $0.00
Revisions 50 $1,320.00 $0.00
Model Plan Review Only 6 $5,717.32 $1,265,623.39
Planning/Engineering 33 $4,591.73 $0.00
Miscellaneous 17 - $1,323.21 $31,400.00
Totals 259 $453,369.10 $16,817,572.98
Total number of Inspections = 1421 AVERAGE DAILY - 75 STOPS
Totai number of lots for Linear Park Fees = 21 - Total Collected $9,450.00
Total number of Water Meters Issued = 44 - Total Collected $48,400.00
Total number of Impact Fees Issued = 70 -Total Collected $170,450.00
Status of Current Commercial Projects
Project Name % Complete I Project Name % Complete
Safeway 40
New Spnngs @ Silverbell 95 New Cycle & Sky 99
Marana High Adddon/Remodel 95 Park/ Coachline 95
Car Wash on Ina Rd 95 Park/ Continental Reserve 99
Anchor Plumbing (metal Bldg) 30 Skate Country 90
Wal -mart 95 Park/ US Countryside Ridge 90
Dove Mountain Self Storage 70 Brake Max # 7 70
San Xavier Dispatch 99 KFC and Taco Bell 25
Heights Automotive 99 Park /Maintenance Bldg 10
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PUBLIC WORKS
MARANA
STAFF REPORT
® March 2003
Capital Imp rovement (Staff Report for the
month of February)
The following are capital improvement project in design.
Ina Road Improvements Capital Improvement 1 -4
Silverbell Road Improvements Projects in Design
Cortaro Road to Ina Road 1 -10 to Silverbell Road
This project consists of reconstructing the This project consists of roadway improve- Capital Improvement 5
roadway to four lanes with curb and gutter, ments and construction of two new Projects In Construction
multipurpose lanes and sidewalks; provid- bridges, including design and reconstruc- Recently Completed 6
ing a continuous center turn lane and tion to widen to four lanes with multiuse Projects
intersection improvements at Ina/Silverbell, lanes, median island, curb, curb and Traffic Division Report 7
which includes a new traffic signal system. gutter and sidewalk installation, drainage
improvements, landscaping, signal Public Works Art g
Estimated construction time: Fall 2003 modifications, artwork and street lighting. Projects Committee
Project is 1.1 miles in length.
Status: Environmental, Biological, DCR,
Geotechnical Report, Pavement Design YIELD
Summary, and Archaeological reports are Estimated construction time: Spring 2005
complete. 404 Permit application has been
submitted; review with the Army Corps of Status: 404 Permit application has been
Engineers (ACOE) is ongoing. First year of submitted. The DCR and 30% plans and PUBLIC WORKS
Pigmy Owl Surrey has been completed. supporting documents have been
Consultant is preparing for 90% Improve- received and are under review. The Traffic MISSION AND VALUES
ment Plan submittal. Contract change order Impact Analysis, Phase I Environmental
has been executed by Town /EEC for Sani- Site Assessment, and Archaeology "The Marana Public Works
tary Sewer Basin Study and Sanitary Reports have been received, reviewed Department is committed to
Sewer Design. ACOE is reviewing the and comments have been returned to the providing quality service by
Data Recovery Work Plan as submitted by consultant. Access Management letters consistently delivering and
Old Pueblo. have been distributed to the abutting maintaining reliable, safe
property owners. public facilities with a
productive, respectful and
ethical workforce. "
Our operating values are:
• Satisfaction
• Respectful
• Communication
• Reliable
• Productive
• Quality
• Ethical
Consistency
Silverbell Road – Cortaro to Ina • Service
x:
• Safety
Ina Road —I -10 to Silverbell • Integrity
• Commitment
March 2003
— 'aplital Improvement Pr Jects i
Tangerine Road - Breakers to Thornvdale Road, Twin Peaks Interchange
Design Concept Report This project consists of environmental clearances, DCR
This project _consists of drainage improvements and and 15% plans for the corridor alignment, Phase I; final
repaving of portions of Tangerine Road. design for TI and connection to the east, Phase II.
Estimated construction time: Fall 2003 Estimated Construction Time: 2006
Status: Environmental clearances will need to be Status: Town staff and consultant have met several times
obtained and the various permitting requirements are during the month of January to evaluate the work items
being addressed through Westland Resources. First year task list and associated fees. The revised draft contract
of Pygmy Owl Survey has been completed. A biological agreement has been returned to the consultant for their
assessment has been completed and forwarded to EPA review /comments,
for consultation. A 404 permit application is being
prepared; including an archaeological survey for this
portion, which has been completed. The design for
drainage and paving improvements has been put on hold.
Town has decided to pursue a maintenance oriented District Park Bank Protection
program for the road and is now accepting fee proposals This project consists of providing bank protection along the
from Tetra Tech to generate construction plans. west bank of the Santa Cruz River from Ina Road to Cor-
taro Road.
Status: Tetra Tech is currently working on the design of
the bank protection with 90% plans anticipated at the end
Tangerine Road/Thornvdale Road Intersection of February. An individual 404 permit application has been
Improvements submitted to the Army Corps of Engineers. This area has
This project consists of design and construction for now been designated as critical habitat.
intersection improvements.
Estimated construction timer Summer 2003
Status: Town continues discussion with the property
owners for additional right of way. Environmental
clearances are continuing. Consultant is finalizing the
design. Pygmy Owl Survey and 404 permit process was
initiated in September 2001. The biological assessment
for this project has been combined with the report for the
Breakers to Thornydale Road segment and as previously
stated, has been submitted to EPA for consultation.
p
Coachline Boulevard
This project consists of providing sidewalk additions along
the east side of Coachline Boulevard from Twin Peaks to
Drainage way No. 2.
Status: Staff is reviewing 100% plans. Construction
anticipated starting in the Spring of 2003.
Tangerine/Thornydale Intersection
Page 2 PUBLIC WORKS
March 2003
Capital Improvements in
is Thorn dale Road /Oran
v ae Grove Road to CDO Wash Linda Vista Boulevard
This project consists of widening to six lanes with multi- This project consists of chip sealing approximately 3/4
purpose lanes, sidewalks, curb and gutter, traffic signal mile of roadway from Camino de Mariana east to
modifications, storm drains, and reconstructing the intersec- approximately Hartman Lane.
tion of Thornydale Road /Orange Grove Road along with
improvements on the south, west and east legs accordingly. Status: Tetra Tech is working on drawing for the
improvements to the roadway. Construction is
Status: The consultant has been issued a notice to anticipated to begin in spring 2003.
evaluate how the project could be phased as opposed to
constructing the entire project at one time. The revised
scope of work is completed; however, the consultant has Northwest Marana Town Center, Master Plan
been requested to not revise the fee estimate until staff has Project
had time to evaluate the forthcoming project phasing.
Westland Resources, Inc. is performing work on the environ- This project will provide Master Plan Services for fur-
mental services. ther planning and conceptualization to set design and
development standards to facilitate the urbanization of
the Northwest Marana Town Center.
Santa Cruz River Shared Use Path, Phase I and II Status: The master planning and design develop -
Santa Cruz River Shared Use Path consists of a 14' wide ment continues as the design guidelines are applied
paved asphalt path from Cortaro Road to Coachline Blvd. to new buildings, such as the Northwest Fire Station
#36 for the Town Center. The Town will have the
Phase I consists of a building a shared use path between Durrant Group and McGann and Associates continue
Cortaro Road and Twin Peaks Road in the over bank area of with the master planning of the rest of Ora Mae Ham
the Santa Cruz River. Phase II consists of a continuation of District Park and the areas south of the park and the
the shared use path in Phase I from Twin Peaks to Coach- Municipal Complex and work with the land owners
line Blvd. Each phase is partially funded under ADOT's and developers for further use of the Town Center
Transportation Enhancement Program. Construction will Land.
need to be completed in phases to properly track the ADOT
funds; however, design can be completed as a single pro-
ject. Northwest Marana Town Center, North West Fire
Station #36
Status: The Project Assessment and final DCR have been This project will consist of design and construction of
approved by ADOT. An environmental determination has a new North West Fire Station #36 to protect the
been submitted to ADOT separately by Westland growing Town Center and Northwest Marana area.
Resources. Town is proceeding with finalizing designs. The design is being performed by the A &E Durrant
and DL Withers is providing design phase construc-
tion management services under a CM@RISK
process. Fire Station #36 will be located on the new
2003 Pavement Preservation Marana Main Street between the Municipal Complex
This project consists of annual pavement rehabilitation pro- and Grier Road. The planning and design of this pro-
jects throughout the Town limits. jest will follow the Northwest Marana and Town Cen-
ter design guidelines as one of the first buildings in
Status: An inventory of the roads within the Continental the Town Center.
Ranch area is underway. The program this year will provide
slurry seal to these roads.. Status: A design and construction kick -off meeting
was held on February 26, 2003 at the Durrant offices.
Durrant and northwest Fire have begun discussions
and interviews to develop concepts during the pro-
gram phase. Durrant has developed an initial site
layout. Northwest Fire department is interested in
pursuing the guidelines of the Phoenix program. A
trip is planned for March 7, 2003, to review several
Phoenix fire stations. Project Team meetings will be
held on Fridays after the Municipal Complex AE/CM/
PM meetings.
Page 3 PUBLIC WORKS
March 2003
Capital Improvements Iin Design i
own of Marana. Northwest Marana Town Center De- Northwest Marana Town Center, Roads, Infrastructure and
sign and Development Offsite Improvements
Three projects are ongoing to master plan and establish This project will design and construct the offsite utilities, roads,
the layout, ambience, and design standards of the North- landscape, and other infrastructure and establish the layout of
west Marana Town Center. the main Town Center corridors. Current design concept has
a main approach street terminating in a T or three approach
Town of Marana Municipal Complex (Marana round -a -bout in front of the new Municipal , Complex. The
"MuniPlex ") island in the middle of the round -a -bout will have a monumen-
This project consists of the design and construction of a tal statement for the Town Center expressing the values of the
new Town Government Complex to house the Town of Town. The current design and construction will encompass the
Marana staff. This complex will be located on 20 acres - Civic Drive from Barnett Road to Lon Adams, and Marana
west of the current Town Hall location. The design by Main Street from the Civic Drive Roundabout to Grier Road,
Durrant Group Architects will integrate the MuniPlex and with future extension of Marana Main north of Grier Road to
surrounding facilities with the Ora Mae Ham Park. The connect to Sandario Road. The work will include utilities,
construction of the main building(s) and facility core is to including, a sanitary effluent: collection system, sidewalks,
be done via a Construction Manager at Risk process with landscaping, streetlights, and streetscaping as well as the
the selected CM, D.L. Withers, being involved in the pro- roads.
ject during the pre- construction design development stage
for value engineering, constructability reviews, technical Status: WLB, the engineer, has submitted final drawings on
reviews, cost engineering and estimating, planning, the sewer and rough grading and initial drawings on the roads
scheduling, and serving as the Construction Manager and and utilities. The project has been broken into further phases
Prime Contractor during construction. to time the installation of utilities. Phase 1 will include the main
sewer line from the Marana Apartments to a connection with
Status: Design development was completed on the land- the existing sewer main on Sandario. This will provide stub -
scaping, underground, and site civil work. DL Withers has outs to the property lines of all residents on Grier Road from
received proposals from various subcontractors to dot he the intersection of Marana Main Street to Sandario. Phase 2
0 nderground utilities and grading of the site. Survey will place sewer stub outs to the residents on Grier Road from
onuments and property limits were set and staked. Ten- the intersection with Marana Main Street to Lon Adams Road,
tative procurement of the stone was place pending a visit and a plan to connect residents on Lon Adams Road. Phase 3
to the quarry to assure quality and deliverability. FF &E will construct the final road, including sidewalks, curbs and
packages were developed as well as the general color gutters, street lighting and landscaping, paving. Phase 4 will
and texture palette was established with the Building facilitate connections from the stub outs placed during Phase 1
Committee. A buff /brown stone with golden highlights will and 2, to the residents. The street design, landscaping, and
be repeated in earth tones throughout the interior. hardscaping is developed as a boulevard lined with trees,
Furnishings, partitions, carpets and coverings are still street lights and banners, and will carry the Town Center
being selected. theme throughout the Northwest Urban Center, with a series of
D.L. Withers, the CM approved by the Town Council, °gates" to announce to travelers and residents that they are
has prepared an estimate and probable budget which is to "in" Marana, to establish a sense of identity and place as well
be presented to Mayor and Council. The project will have as provide areas for small commercial, and safe pedestrian
a formal ground breaking ceremony on Founders Day on cycling.
the 15th of March. The Town has elected to procure construction Phase
1, the sewer line and road grading, by the Job Order °Contract-
ing (JOC) method, to deliver use of the sewer collections sys-
tem to the new Marana Apartments by June 1, 2003. Centen-
nial Contractors Enterprise will subcontract the work and
ground breaking is planned for the first week ,of March.
Page 4 PUBLIC WORKS
March 2003
Capital Improvement Projects In Construction
The following are capital improvement projects in construction.
Cortaro Road Realignment Continental Ranch Park, Parcels 13 & 14 Park
This project consists of realigning and widening Cortaro This project consists of developing a neighborhood park,
Road east of 1 -10 from the Frontage Road to Cerius including lighted ball fields, playground areas, picnic facili-
Stravenue. The existing road and railroad crossing will ties, ball courts, a skate park, trails and fitness courses.
be abandoned and a new railroad crossing will be
installed. Status: The Town awarded the construction contract to
Valley Rain Construction on April 25, 2002, with a notice
Estimated construction time: January to July 2003 to proceed "date of authorization" of May 19, 2002.
Construction is underway and on schedule. Project
Status: The contract was awarded to Dar -Hil Corpora-
completion is estimated for January/February 2003.
tion. Construction began January 6, 2003, and shall be
completed around July 2003.
� t
6
Santa Cruz River Corridor Trail
This project consists of constructing approximately 3,500
linear feet multi -use path beginning at Sanders Road and
heading eastbound along the top of the levee, along with
parking improvements. District Park Native Plant Salvage and
Improvements /Mitigation
Estimated construction time: Fall 2002 This project consists of the removal, salvaging, and
replanting of the vegetation in preparation of park
Status: Contractor and the Parks and Recreation improvements.
Departments are working on additional work at the site
which consists of landscaping, parking improvements Status: Ongoing.
and building a block wall.
Costco Lighting
Continental Ranch Park, Parcels 5 & 6 Addition This project consists of completing the street lighting for
This project consists of additional parking at Coyote added safety along Costco Drive.
Trails Elementary School and a parts addition, including
ball fields and a concession stand, on parcel 6 directly Status: The contract was awarded to Contractors
east of Coyote Trails Elementary School. West. Construction began January 13, 2003, due to be
completed in March 2003.
Estimated construction time: Summer 2002— Winter 2002
Status: The Town awarded the project to M. Anderson
Construction Corp. on May 20, 2002, with a notice to
proceed date of June 26, 2002. The contractor
completed the parking lot modifications to support the
opening of school. The contractor is working to provide
the playing area closest to the school as soon as possi-
ble. The field and concession stand at the far end next
to the Santa Cruz are the last elements scheduled to be
completed. Project completion estimated for January
2003 /February 2003.
Page 5 PUBLIC WORKS
March 2003
Re cently Compl
Cortaro Road Improvements -1 -10 to Siiverbell Road: Completed October 25, 2002.
Ina Road /Silverbell Road Temporary Intersection Improvements and Temporary Traffic Signal Installation:
Completed February 28, 2002.
New Westbound Cortaro Road Bridge Over the Santa Cruz River: Completed March 15, 2002.
Hartman Lane Improvements: Completed Fall 2002.
Wade Road: Completed February 2003.
rw v F'
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� Cortaro Road Improvements
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Page 6 PUBLIC WORKS
March 2003
Traffic Division Report,
Q
The Installation of Pedestrian Traffic Signals at the Ina The Installation of Protected Left-Turn Phasing at the
Road- Silverbell Road Intersection Ina Road - Meredith Boulevard Intersection
Pedestrian traffic signals have been installed for pedestri- In order to increased he margin of safety for left - turning
ans crossing the north and south legs of Silverbell Road at motorists on Ina Road at Meredith Boulevard, the existing
Ina Road. In addition, the stop sign currently posted for permissive /protected left -turn phasing will be replaced with
the channelized right turn on northbound Silverbell Road protected -only phasing. To accomplish this change, new
will be relocated to a point closer to the intersection. It is 50 -foot mast arms, signal heads and other hardware will
expected that both of these improvements should signifi- need to be installed. In addition, the signal timings at the
cantly increase the safety at this location. intersection will need to be modified. It is expected that
the required work should be completed within the next
several months.
The Installation of Pedestrian Signals at the
Thornydale Road - Horizon Hills Drive Intersection
Pedestrian signals, along with a marked crosswalk, were New Traffic Signal Mast Arm for the Thornydale
installed on the south leg of Thornydale Road at its inter- Road— Costco Drive Intersection
section with Horizon Hills Drive. The pedestrian phase for A 55 -foot mast arm will be installed for the southbound
this leg, when activated, will run concurrently with the Thornydale Road approach to Costco Drive, replacing the
eastbound Horizon Hills Drive green indication. The addi- existing 50 -foot mast arm. The new, longer mast arm will
tion of the pedestrian features will greatly enhance the provide improved signal head placement, enhancing the
safety and convenience of pedestrians at this intersection. traffic safety at this location.
Speed Limit Map for Town Roadways
The Traffic Division is currently taking an inventory of all
posted speed limits on the Town's arterial and collector
roads. The purpose of this inventory is to determine
whether some of the speed limit zones need to be modi-
fied and to eventually develop a map showing all posted
speed limits on these roadways. This map will be made
available for distribution and will be displayed on the
Town's web site.
Traffic Accident Data Retrieval System
The Traffic Division has obtained software that will make it '
possible to more readily retrieve accident data for our
traffic studies an analyses. At this time, our staff is input-
ting accident reports provided by the Marana Police
Department for the last three years. The accident retrieval
software will allow us to quickly obtain accident data for `
any Town roadway or intersection. The software will actu-
ally produce collision diagrams that will graphically depict
by type and location all of the reported accidents at a
given facility. It will be quite a task to input all of the
accident reports, but it will be well worth the effort.
•
Page 7 PUBLIC WORKS
Y
March 2003
Comm F— Public Work Art Pr Ject
The Public Art Project Committee met on February
19, 2003.
Committee Chair Curt Ench and Vice Chair Brian
Jones were once again nominated to fill the Chair
and Vice Chair positions.
The committee reviewed the outcome of the park
project designs. '
Committee members discussed possible concepts for
the 2003 Youth Art Program.
Committee Members:' •
Curt Ench, Chair
Brian Jones, Vice Chair
Sally Jackson-
Melanie Larson
Kathy Pricex ==
Margaret Joplin
Nancy Lutz
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9
s
Page 8 PUBLIC WORKS
•
TOWN OF MARANA
MUNICIPAL WATER SYSTEM
DEPARTMENT REPORT
For: February 2003
CARELESSNESS WITH WATER COSTS MONEY AND
WASTES OUR PRECIOUS WATER SUPPLY
PLEASE HELP CONSERVE
Date: March 7, 2403
•
112�
MARANA
/lam
TOWN OF MARANA
TEAM WORK —
Is all staff working together in outstanding ways, with extraordinary cooperative effort
to accomplish ordinary tasks
TO: Mayor Bobby Sutton, Jr.
Town Council
Mike Hein, Town Manager
Mike Reuwsaat, Assistant Town Manager
FROM: Water Department Staff
SUBJECT: February 2003 Department Report Update
DATE: March 4, 2003
CUSTOMER INFORMATION
1500 Number of Customers Billed in February
14 Number of Disconnects in February
30 Number of New Connects in February
34 Number of New Services with Meter Installation
14,991,185 Total Gallons sold in February
16.88 Acre feet pumped (non -trust wells) Picture Rocks, Happy Acres, Palo
Verde, Airport, Sky Diving Center, Continental Reserve and Hartman
Vistas
31.77 Acre -feet wholesale water purchased (trust wells) Marana, La Puerta,
Oshrin, Falstaff, Honea, and Cortaro Ranch
(325,851 gallons = acre foot)
DAILY OPERATIONS
1. Well checks and chlorination done 3 days weekly includes site maintenance.
2. Well meter and hour meter reads done every Monday.
3. Repaired two service leaks on price lane.
4. Repaired water leak on Bross Rd.
5. Repaired Air Leak at Honea west pressure tank. Also removed all unnecessary
controls and piping to help clean up the sites overall appearance.
6. Replaced leaking saddle on Silverbell Rd.
7. Replaced check valve and moved flow meter on the La Puerta well fill line.
8. Pot holed five days total (for line location)
9. Continued G.I.S. mapping program with Chris Mach using G.P.S.
10. 187 Blue Stakes completed in January.
11. 32 Meter Installs completed.
12. Two Operators in certification class for 3 days.
13. Sandario well motor failed. Began trenching & ordering materials to re -pipe well
head directly to Marana Park fill line.
14. Several days stand by for Gladden Farms sewer line installation over Town of
Marana Water Department mainlines.
15. Helped to coordinate line installations at Wade Rd and Pima Reserve Loop for new
booster station site during existing construction for Continental Reserve.
16. Coordinating move of our Telemetry master controls and antenna installation on
our cellular tower.
17. Moved to new location at 5100 W. Ina Rd.
WATER SERVICE AGREEMENTS BEING NEGOTIATED
1. FCD Marana Venture I L.L.C. /Clark Farms in discussion. Farm Field 5 Water
Service Agreement in progress.
2. Agreements for Construction of Facilities under Private Contract with each
homebuilder in Continental Reserve.
3. Cortaro Ranch Phase 11 with D.R Horton.
4. Sunset Builders line extension design in review for Picture Rocks System at Tres
Casas.
5. 6 inch main loop Camino Verde and Tres Casas design completed; construction
costs being determined.
6. A.F.C. — Eckerd's Drugstore southwest corner of Cortaro and Silverbell Rd..
OTHER
1. Purchase of Type II Non - Irrigation Rights for parks and other needs.
2. Managed Recharge Application filed May 1, 2002. Intergovernmental agreement
final draft is completed. Will go to Council in March for approval.
3. The Water Department has moved to the Marana Operations Center February 12,
2003. Our new address is 5100 W. Ina Road. Our new phone numbers are 545-
1264 or 545 - 1265.. Please stop by and visit our new facility.
2
4. Gladden Farms Well contract is being awarded by the Developer. Drilling will start
_ in April.
•
3
• Planning Department
February 2003 Monthly
Staff Report
Strategy
N Objective
Policy Q
Oal
•
• Marana Shops - Coachline Boulevard Development Plan
HCR Development, PC, has submitted the Development Plan for Marana Shops-
Coachline Boulevard, commercial /retail shop space on a portion of Continental Ranch
Parcel 25. The project is located within the Continental Ranch Specific Plan area south
of the southeast corner of Twin Peaks Road and Coachline Boulevard ( south of the
Walgreens site) in a portion of Section 21, Township 12 South, Range 12 East. The
project consists of two separate commercial buildings providing 6,640 square feet of
future retail shop space and 3,200 square feet of office space, together with 49 on -site
parking spaces and landscaping. Access to the new store will be provided from
Coachline Boulevard. Upon completion of the staff's review, this Development Plan will
be considered by the Planning Commission.
Landscape Plans
The Planning Department has received the following Landscape Plan for administrative
review:
• Marana Shops - Coachline Boulevard
Native Plant Permits
The Planning Department has received the following Native Plant Permit applications for
administrative review:
• Los Morteros Estates Lot I, 8278 N. Circulo De Los Morteros
• Ina Road from Silverbell Road to I -10 for Town of Marana
General Plan Update for Growing Smarter
On November 5, 2002, the Town Council approved the Growing Smarter Update of the
Marana General Plan. Formal adoption for the plan is pending voter ratification. A
Town primary election is scheduled on March 11, 2003. Staff has made a number of
informational presentations on the General Plan Update throughout the community
during February.
Zoning Code Amendments
Protection of Cultural Resources
Staff has drafted an amendment to the Land Development Code adding Title 20,
Protection of Cultural Resources. The proposed ordinance addresses guidelines and
specifications for the documentation and protection of archaeological and other cultural
resources and encourages sensitive development within the Town. Its intent is to
preserve cultural resources within the Town and protect and perpetuate the unique
character of the geographic area where existing sites, objects, archaeological remains, -
architecture or other records of past eras can be of enduring value to the people of the
Town in advancing education and appreciation of cultural heritage.
The Planning Commission held a public hearing on the draft on December 18, 2002 after
which the Commission recommended approval. Town Council consideration is pending.
Title 3, Section 3.02, DEFINITIONS, "Building Height"
g g
TOWN COUNCIL TOWN
MEETING OF
INFORMATION MARANA
DATE: March 18, 2003
AGENDA ITEM: IX. A. 1 -
TO: Mayor and Council
FROM: Brad DeSpain, Utilities Director
SUBJECT: Resolution N o. 2 003 -06 : Agreement Between Town of Marana and FCD Marana
Venture I, L.L.C., an Arizona limited liability company for Construction of Potable
and Non - Potable Water Facilities and Provision of Water Utility Service.
DISCUSSION: FCD Marana Venture I, L.L.C., intends to facilitate the development of that certain
development now known as Farm Field Five. Pursuant to an Agreement between the Town
of Marana and FCD Marana Venture _I, L.L.C., the Developer will construct water service
facilities and then pass ownership of these facilities to the Town; the Town will then
provide water service to the residents of Farm Field Five. Attached is the Town of Marana
Agreement for Construction of Potable and Non - Potable Water Facilities and Provision of
Water Utility Service for Farm Field Five. In order for this project to move forward, the
Council must agree to the terms and conditions of Agreement.
The Marana Water Utility Advisory Committee has approved and recommends the
agreement to Council for approval.
RECOMMENDATION:
The Water Utility Advisory Committee and staff recommend approval of the agreement
between the Town and FCD Marana Venture I, L.L.C. for construction of potable and non -
potable water facilities for Farm Field Five.
SUGGESTED MOTION:
I move that Council approve Resolution No.2003 -06.
•
UTIUCBD /APM 03/10/033:31 PM Resolution No. 2003 -06
a
MARANA RESOLUTION NO. 2003-06
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA,
ACCEPTING AND AUTHORIZING THE APPROVAL OF AN AGREEMENT BETWEEN THE
TOWN OF MARANA AND FCD MARANA VENTURE I, L.L.C., AN ARIZONA LIMITED
LIABILITY COMPANY FOR CONSTRUCTON OF POTABLE AND NON - POTABLE WATER
FACILITIES AND PROVISION OF WATER UTILITY SERVICE.
WHEREAS, FCD Marana Venture I, L.L.C., intends to facilitate the development of that
certain property to be called Farm Field Five, more specifically described within Exhibit "l," an
Agreement for Construction of Potable and Non - Potable Water Facilities and Provision of Water
Utility Service between the Town of Marana and FCD Marana Venture I, L.L.C. (the "Agreement');
and
WHEREAS, FCD Marana Venture I, L.L.C., is desirous of arranging for the provision of
water service to and within the Property in connection with Development thereof; and
• WHEREAS, Marana is willing to provide water service to and within the Property in
accordance with the Municipal Code of Marana and in accordance with the terms of the Agreement;
and
WHEREAS, FCD Marana Venture I, L.L.C., agrees to the construction of water facilities
within Farm Field Five; and
WHEREAS, t he T own o f M arana, a grees t o p rovide w ater service to Farm Field Five
development, pursuant to the terms and conditions of the Agreement; and
WHEREAS, the Mayor and Council find that the terms and conditions of the Agreement are
in the best interest of the Town.
Marana, Arizona Resolution No. 2003 -06 1 of 3
1
ti
•
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana,
Arizona, accepting and authorizing the approval of the Agreement for Construction of Potable and
Non - Potable Water Facilities and Provision of Water Utility Service between the Town of Marana
and FCD Marana Venture I, L.L.C., an Arizona limited liability company, attached hereto as Exhibit
"I" and incorporated herein by this reference, for construction of potable and non - potable water
facilities and provisions for water utility service.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this
18TH day of March, 2003.
ATTEST: Mayor BOBBY SUTTON, JR.
Jocelyn C. Bronson
Town Clerk
•
APPROVED AS TO FORM:
Daniel J. Hochuli, Esq.
As Town Attorney
and not personally
•
Marana, Arizona Resolution No. 2003 -06 2 of 3
EXHIBIT " 1 "
Marana, Arizona Resolution No. 2003 -06 3 of 3
TOWN OF MARANA
AGREEMENT FOR CONSTRUCTION
OF POTABLE AND NON - POTABLE WATER FACILITIES
AND PROVISION OF WATER UTILITY SERVICE
THIS AGREEMENT FOR CONSTRUCTION OF POTABLE AND NON -
POTABLE WATER FACILITIES, entered into as of the day , 2003 by
and between the TOWN OF MARANA, ARIZONA, an Arizona municipal corporation,
(hereinafter referred to as "Marana ") and FCD Marana Venture I, L.L.C., an Arizona
limited liability company (hereinafter referred to as the "Developer" or Applicant "), is for
the construction of "Water Facilities" necessary to provide water utility service to its
• Property, which is more specifically described on Exhibit "A" attached hereto and made
a part hereof, (hereinafter the "Property "), on the following terms and conditions:
RECITALS
WHEREAS, Developer warrants that (i) Developer is legally qualified to do
business in the State or Arizona, and (ii) prior to this Agreement becoming effective
pursuant to Paragraph 11.6 hereof, Developer will own or will have the exclusive option
to purchase the Property which is the subject to this Agreement; and
WHEREAS, Developer is desirous of arranging for the provision of water service
to and within the Property in connection with development; and
WHEREAS, Marana (i) owns and operates a municipal water system, and (ii) is
experienced in the provision of water service; and
WHEREAS, Marana is willing to supply water to Developer in accordance with
the Municipal Code of Marana, and in accordance with the terms of this Agreement.
COVENANTS
NOW, THEREFORE, in consideration of the Recitals set forth above and the
mutual covenants, conditions, and agreements set forth below, the parties agree as
follows:
FCD Marana Venture I.doc Page 1 03/05/2003
1. DEFINITIONS
1.1 Applicant or Developer: FCD Marana Venture I, L.L.C., and its
successors and assigns.
1.2 Property: That certain property or real estate development known as
Vanderbilt Farms as shown on Exhibit "A" attached hereto and made a
part hereof.
1.3 Water Facilities: The public water facilities and appurtenances to be
constructed under this Agreement and located within public rights -of -way
or dedicated easements, and which, upon completion by Developer and
inspection and acceptance by Marana, are to be deeded to Marana for
operation and maintenance, including but not limited to water mains,
valves, pipelines, booster pumps, wells, reservoirs and all other water
facilities necessary for potable and non - potable water service to the
Property and appurtenant to the municipal water supply system of
Marana.
1.4 Water System: Water Facilities, including water mains, valves, hydrants,
pipelines, booster pumps, wells, reservoirs, telemetry and all other water
facilities and appurtenances necessary for potable and non - potable
service to the Property and appurtenant to the municipal water supply
system of Marana.
1.5 Work: As defined in Paragraph 2.7.
2. CONSTRUCTION OF WATER FACILITIES
2.1 Plans and Specifications, Testina and Phasing Developer shall design
and construct, at Developer's own expense, the Water Facilities in
accordance with approved Plans and Specifications. The approved Plans
and Specifications shall (i) conform to the design standards of the City of
Tucson Water Department and the Marana Town Water Code, (ii) be
sized to and capable of serving the water needs of the maximum
authorized development on the Property (including all commercial and
noncommercial development to be served by Marana), and (iii) designate
the point of interconnection referred to in Paragraph 2.6 hereof. A copy of
said approved On -Site Plans and Specifications for the Water Facilities is
attached as Exhibit "B."
(a) The Plans and Specifications shall include, at a minimum:
(i) Water Production Facilities Developer shall convey to
Marana one (1) or two (2) potable water well(s), per Phasing
Outline Exhibit "C" attached, with a combined production
FCD Marana Venture Ldoc Page 2 03/05/2003
capacity of not less than two thousand (2000) gallons per
minute, which Developer warrants, equals, or exceeds the water
production capacity needed to serve the Property when fully
developed. Developer will drill one (1) or two (2) new well(s) to a
depth mutually agreed upon in writing (currently estimated at
seven hundred feet [700']), and initially twenty inches (20 ") in
diameter. In any event, the well(s) to be conveyed to Marana
shall be capable of equaling or exceeding the production
capacity specified above. The well(s) will be connected with a
sixteen -inch (16 ") fill line to the regional storage tank. A twelve -
inch (12 ") pressure main will provide the potable water to the
development from a regional distribution point, now located in
Barnett Road, to be determined by Marana.
(ii) Separate Non - Potable Distribution System Developer shall
design and construct at Developer's own expense separate
potable and non - potable distribution systems throughout the
Property. The non - potable shall be constructed so as to clearly
distinguish the non - potable system from the potable system and
be capable of carrying untreated water from any source, such as
CAP, groundwater, surface water and effluent (or reclaimed
water). Design concept and specifications to follow under
separate agreement.
(iii) Interconnections Developer shall design and construct at
Developer's own expense an interconnection of their on -site
twelve -inch (12 ") main to the Marana existing eight -inch (8 ")
potable main per Exhibit "C" Phasing Outline. Appurtenant
facilities to interconnect the potable Water System to the Marana
potable and non - potable water systems to the Marana non -
potable at location specified by Marana. Unless otherwise
mutually agreed and set forth on the Plans and Specifications,
the non - potable interconnection will terminate at the Marana
potable water system. There will be no interconnection of
potable and non - potable systems.
(iv) Storage and Fire Protection Developer shall pay or
participate at the second (2 ) phase of their development in a
regional water storage facility for the potable water system based
on the fire protection needs of the Water System at the
Property's build -out which will be equal to, or exceed the
estimated water usage on the hottest day of the summer,
together with two (2) hours of fire flow at one thousand five
hundred (1500) gallons per minute, or if Marana is to serve any
commercial development on the Property, then three (3) hours of
fire flow at one thousand five hundred (1500) gallons per minute.
FCD Marana Venture I.doc Page 3 03/05/2003
t
2.5 Materials, Workmanship, Equipment and Machinery All materials shall
be new and both the workmanship and materials shall be of good quality
and shall meet the combined specifications and standards of (a) AWWA,
(b) ADEQ, (c) PCDEQ, (d) all applicable local regulatory agencies, and (e)
the plans and specifications incorporated herein by reference in Exhibit
"B." Developer shall repair, or remove and replace, at Developer's own
expense and at Marana's convenience, workmanship or materials which
do not meet the described criteria or which prove to be defective at any
time within one year from the date of the final acceptance of Applicant's
work by Marana.
2.6 Connecting New Facilities Upon completion by Developer and
acceptance by Marana, of the Water Facilities, Developer will dedicate the
Water Facilities and Water System to Marana, without cost to Marana,
and Marana shall thereafter operate and maintain the Water Facilities as
an integral part of its municipal water utility. The Water Facilities
constructed pursuant to this Agreement shall provide a point of connection
to Marana's existing water facilities at the point directed by Marana for
Service Area requirements. After commencing water service to the
Property, for the purposes of this paragraph, the provisions of Marana
Code §14 -7 and any successor or amendatory provisions are
incorporated herein as though set forth in full and Developer, except to the
extent to do so would be inconsistent with the provisions thereof, is
deemed for the purposes hereof to be the Applicant/Customer /Developer
described therein.
2.7 Inspection, Testing and Correction of Defects Developer shall comply
with the inspection and testing requirements of ADEQ, PCDEQ, and
Marana for the facilities to be constructed hereunder, PROVIDED
HOWEVER, said requirements shall be reasonable and shall not cause
Developer unwarranted delays in the ordinary course of construction.
Developer shall promptly notify Marana when the Water Facilities under
construction are ready for inspection and testing; and upon 24 hours
written notice to Marana, Marana shall thereafter inspect the same
promptly after being so notified. For the purpose of inspection and testing
of everything covered by this Agreement, or performance of the Work
thereon (the "Work "), Developer shall give Marana and any inspectors
appointed by it, free access to the construction site and facilitate the
proper inspection of such materials, including procurement data, and shall
furnish them with full information whenever requested as to the progress
of the Work in its various stages. The approval of the Work by any such
inspector shall not relieve Developer from its obligation to comply in all
respects with the instructions and specifications to make the Work a
finished job of its kind, completed in accordance with the best practices.
Developer agrees that no inspection by or on behalf of Marana shall
relieve Developer from its obligation to do and complete the Work in
accordance with this Agreement. If at any time before the final completion
FCD Marana Venture I.doc Page 5 03105/2003
and acceptance of the Work, any part of the Work is found to be defective
in any way, or in any way fails to conform to this Agreement, Marana is
hereby expressly authorized to reject or revoke acceptance of such
defective or deficient Work and require Developer to repair, replace, or
make good on such defective Work. Marana specifically reserves the
right to withhold approval and to forbid connection of the Water Facilities
constructed pursuant to this Agreement to Marana's water utility system
unless such Water Facilities have been constructed in accordance with
the Plans and Specifications approved by Marana and are satisfactory to
Marana upon inspection and testing. Developer agrees that it will
promptly correct all defects and deficiencies in construction, materials,
and workmanship upon request by Marana made subsequent to
inspections by Marana.
2.8 Change Orders In the event that Developer makes (or is desirous of
making) any material changes to the design of the Water Facilities which
are to be constructed in accordance with the Water Plans referred to in
Exhibit "B" to this Agreement, Developer shall (a) obtain Marana's prior
written consent to such material changes or modifications, (b) pay to
Marana a reasonable fee for its time in reviewing such material changes
or modifications, and (c) pay the additional cost of construction associated
with the same, if any.
2.9 Invoices Developer agrees to furnish Marana, within thirty (30) days after
completion of construction, copies of all Developer, subcontractor, vendor
and all others invoices for all engineering and other services, materials
purchased, materials installed, construction performed, equipment
provided and all else done directly in connection with construction
pursuant to this Agreement at the actual cost thereof.
2.10 Liens Developer acknowledges its duty to obtain to the satisfaction of
Marana lien waivers and releases from all third parties providing labor,
materials or services hereunder. Developer hereby irrevocably waives
any rights it may now have or which it may acquire during the course of
this Agreement to record liens against Marana or its property. Developer
shall also pay, satisfy and discharge all mechanics', material men's and
other liens, and all claims, obligations and liabilities which may be
asserted against Marana or its property by reason of, or as a result of, any
acts or omissions of Developer, its employees, agents, servants,
suppliers, or subcontractors, or the employees, agents, servants or
suppliers of its subcontractors, in connection with or relating to the
performance of this Agreement.
2.11 "As- Built" Plans Developer agrees to furnish Marana, within thirty (30)
days after completion of construction, "as- built" drawings in both
handwritten and electronic format certified as to correctness by an
engineer registered in the State of Arizona showing the locations of all
FCD Marana Venture Ldoc Page 6 03105/2003
•
•
water mains, hydrants, valves, and service connections to all structures
served from facilities constructed pursuant to this Agreement.
2.12 Risk Developer shall carry on all activities associated with or comprising
the Work required hereunder at its own risk until the Water Facilities are
fully completed and accepted by Marana and will, in case of accident,
destruction or injury to the Water Facilities before such final completion
and acceptance of the Water Facilities, replace or repair forthwith the
Water Facilities so injured, damaged or destroyed, to the satisfaction of
Marana and at Developer's own expense (except and to the extent that
such accident, destruction or injury is caused or contributed to by the
Town).
2.13 Liability Developer hereby assumes all of the responsibility and liability
for injury or death of any person, or loss for damage to any property
contributed to or caused by the active or passive negligence of Applicant/
Developer, its agents, servants or employees in the execution of and
performance of the activities and Work contemplated herein or in
connection therewith. Accordingly, Developer will indemnify, appear and
defend and hold Marana, and its elected officials, employees, agents and
consultants (the "Town ") harmless from and against claims, (except and to
the extent that the same are caused or contributed to by the Town) or
expenses, including penalties and assessments, to which they or any of
them may be subject to by reason of such injury, death, loss, claim,
penalty, assessment or damage, and in case any suit or other proceeding
which shall be brought on account thereof, Developer will assume the
defense of the Town at Developer's expense and will pay all judgments
rendered therein.
(a) Marana hereby assumes all of the responsibility and liability for injury
or death of any person, or loss for damage to any property contributed to
or caused by the active or passive negligence of the Town caused by
interconnecting the Water Facilities to any off -site water facilities by
Marana, and, in that event, Marana will indemnify, appear and defend and
hold Developer harmless from and against claims, (except and to the
extent that the same is caused or contributed to by Developer, its
employees, agents and consultants) or expenses, including penalties and
assessments, to which they or any of them may be subject to by reason of
such injury, death, loss, claim, penalty, assessment or damage, and in
case any suit or other proceeding which shall be brought on account
thereof, will pay all judgments rendered therein.
2.14 Insurance Developer agrees to procure and maintain all of the insurance
policies described below and cause Marana to be endorsed as an
"additional insured" thereon, including insurance covering the obligations
assumed by Developer under subparagraphs (a), (b) and (c) hereof.
Such coverages shall be in amounts adequate to cover the risk
FCD Marana Venture I.doc Page 7 03/05/2003
commensurate with the work to be performed under this Agreement.
Certificates evidencing said insurance and status of Marana shall be
provided to Marana.
(a) Workers' Compensation Insurance Worker's compensation and
occupational disease and disability compensation in the benefit
amounts as required by the laws and regulations of the State of
Arizona;
(b) Liability Insurance Comprehensive general liability insurance,
including operations and protective liability coverages. When the
work to be performed requires blasting, Developer's insurance shall
specifically cover that risk; and
(c) Automobile Insurance Comprehensive automobile liability
insurance covering all owned and non -owned automobiles and
trucks used by or on behalf of Developer, in connection with the
work.
2.15 Easements For the purposes of this paragraph, the provisions of Marana
Code §14 -3 -7 and any successor or amendatory provisions are
incorporated herein as though set forth in full and Developer, except to the
extent to do so would be inconsistent with the provisions thereof, is
deemed for the purposes hereof to be the Applicant/Customer /Developer
do
described therein. Developer shall provide to Marana recordable
easements and required surveying, over, under, and across all portions of
the main and pipeline routes as may be necessary to serve each parcel or
lot within the Property. If development of the Property involves road
construction, all roads and drainage ways will be brought to grade by
Developer prior to the commencement of the installation of the Water
Facilities. No pavement or curbs shall be installed prior to completion of
the Water Facilities.
2.16 Service Lines Valves Meters and Meter Service Developer shall install,
to Marana specifications, automated meters, sensors, and the other
necessary equipment for automated meter reading for all water services
on the Property. For the purposes of this paragraph, the provisions of
Marana Code §14 -3 -6 and any successor or amendatory provisions are
incorporated herein as though set forth in full and Developer, except to the
extent to do so would be inconsistent with the provisions thereof, is
deemed for the purposes hereof to be the Applicant/Customer /Developer
described therein.
2.17 No Permanent Structures on Easements No permanent structures (i.e.,
masonry walls, fences, etc.) shall be constructed on or through a water
easement without the express written consent of Marana. For the
purposes of this paragraph, the provisions of Marana Code §14 -3 -7 and
FCD Marana Venture Ldoc Page 8 03/05/2003
any successor or amendatory provisions are incorporated herein as
though set forth in full and Developer, except to the extent to do so would
be inconsistent with the provisions thereof, is deemed for the purposes
hereof to be the Applicant/Customer /Developer described therein.
2.18 Title All materials installed, Water Facilities constructed and equipment
provided by Developer in connection with construction of the Water
Facilities under this Agreement and the completed facilities as installed
shall, upon Marana's written acceptance of the same, become the sole
property of Marana, and full legal and equitable title thereto shall then be
vested in Marana, free and clear of any liens, without the requirement of
any written document of transfer to Marana or further acceptance by
Marana. Developer agrees to execute or cause to be executed promptly
such documents as legal counsel for Marana may request to evidence
such conveyance of good and merchantable title to said Water Facilities
free and clear of all liens.
3. COSTS OF CONSTRUCTION OF WATER FACILITIES
3.1 Developer shall, at Developer's sole cost and expense, install all the
Water Facilities shown on the approved Plans and Specifications, and
shall hold Marana free and harmless from any claim for the construction
costs or any defects in such Water Facilities. For the purposes of this
paragraph, the provisions of Marana Code §14 -4 and §14 -5 and any
successor or amendatory provisions are incorporated herein as though
set forth in full, except to the extent to do so would be inconsistent with
the provisions thereof, is deemed for the purposes hereof to be the
Applicant/Customer /Developer described therein.
3.2 Upon request by Marana and direction, Developer shall, at Developer's
sole cost and expense, make any and all alterations to any existing water
distribution system, either on -site or off -site, necessitated by paving,
drainage, or other improvements caused by the development of the
Property.
3.3 The Water Facilities shall be transferred to the ownership of Marana upon
completion and acceptance by Marana. "Notwithstanding the foregoing,
Developer retains any interest in the parcels and tracts described hereon,
only for purposes of any acquisition of public infrastructure described in
the Vanderbilt Farms Development, Financing Participation and
Intergovernmental Agreement by and among the Town of Marana,
Arizona, the Vanderbilt Farms Community Facilities District, and the
Developer." Developer shall be responsible for all costs of operating,
repairing, replacing and maintaining the Water Facilities that exceed the
revenues generated through Marana's provision of water service to the
Property, until a rate analysis methodology has been adopted, mutually
accepted, and performed by Marana showing that the Water Facilities and
FCD Marana Venture Ldoc Page 9 03/05/2003
Water System are financially self- sustaining. Marana shall perform such
analysis not less than annually and inform Developer regarding the results
thereof.
3.4 Marana shall collect connection charges and installation charges for each
potable and non- potable connection made on the Property in accordance
with Marana Town Code, Paragraph 14 -7 -2, as amended from time to
time. In consideration of Developer's construction of the Water Facilities
and Water System necessary for Marana to provide water service to the
Property, the Developer, if not the Home Builder, Marana will reimburse
Developer a portion of the connection charges actually collected by
Marana for each initial potable connection made within the Property as
follows:
(a) Five Hundred Dollars ($500) for each 5/8" x 3/4" meter and larger
size meters up to and including two -inch (2 ") meters;
(b) The connection charge actually collected by Marana for each meter
larger than two inches (2 "), less costs incurred by Marana in
making the connection (such as meter cost, labor, materials, etc.),
but not included within a separate installation charge actually
collected by Marana for the installation of the connection.
(c) In no event shall this reimbursement obligation (i) apply to any
installation and connection fee collected during any period which
Developer is in breach of this Agreement, (ii) exceed a cumulative
amount of One Million Six Hundred Thousand dollars ($1,600,000)
(iii) exceed the amount actually paid to Marana as connection
charges, less any cost actually expended by Marana for materials
and labor (e.g., the cost of the meter, labor, materials, etc.) above
installation charges collected by Marana as a condition to Marana
making potable water service available for the first time to the
property line of each parcel for which the connection charge was
paid or (iv) apply to any non - potable meters installed on the
Property.
(d) Marana shall make reimbursement payments due to Developer
pursuant to this Subparagraph 3.4 on or before January 31 and
July 31 of each year for the period ending December 31 and June
30 respectively. The agreement to make reimbursements will
automatically terminate on the tenth (10 anniversary of this
Agreement, subject to the continuing obligation to pay to Developer
any reimbursements accrued, but unpaid, as of the tenth (10
anniversary.
FCD Marana Venture Ldoc Page 10 03105/2003
4. SECURITY REQUIREMENT
4.1 In accordance with Arizona Revised Statutes and the Marana Municipal
Code, this Agreement is contingent upon Developer furnishing Marana
with such security as may be appropriate and necessary and as may be
normal and customary as determined by the Marana Utility Director, to
assure Marana that Developer will perform all the Water Facilities and
Water System construction described above and all other obligations now
existing or accruing under this Agreement.
5. WATER SERVICE; WATER RIGHT
5.1 For the purposes of this paragraph, the provisions of Marana Code §14 -5
and any successor or amendatory provisions are incorporated herein as
though set forth in full and Developer, except to the extent to do so would
be inconsistent with the provisions thereof, is deemed for the purposes
hereof to be the Applicant/Customer /Developer described therein.
Marana shall be under no obligation to provide water utility service to
Developer or the Property until each and every condition of this
Agreement has been met and satisfied. Marana agrees that upon receipt
of all applicable approvals and satisfaction of all of Developer's obligations
under this Agreement that it will then provide water utility service as
requested to and within the Property in accordance with its rules,
regulations and ordinances governing such water service, as such rules,
regulations and ordinances may, from time to time, be amended.
Commencement of service to the Property by Marana shall not waive any
obligation of Developer under this Agreement nor preclude Marana from
withholding or terminating water service to Developer, the Property or any
portion thereof until the Developer is in full compliance with this
Agreement.
5.2 Developer agrees to assign to Marana, as a condition of Marana providing
water utility service, every portion of its Irrigation and Type 1 Nonirrigation
Grandfathered Groundwater Rights and Type II Non - Irrigation
Grandfathered Rights as those terms are defined by law, as may be
appurtenant to lands conveyed and dedicated to Marana in connection
with the development of the Property. Developer agrees to execute and
deliver all forms necessary to affect the transfer of these water rights to
Marana concurrently with such dedication, pursuant to the projects
phasing.
5.3 Marana will provide the State of Arizona Designation of Assured Water
Supply status for the Property upon acceptance of the Property into
Marana's service area by the Central Arizona Groundwater
Replenishment District ( CAGRD). Developer shall execute any
agreements and file such covenants and restrictions, as Marana may
deem appropriate to include the Property in Marana's CAGRD service
FCD Marana Venture Ldoc Page 11 03/05/2003
area. Without limiting in any manner Marana's right to specify the terms
and conditions governing future water service to the property, but, as a
condition precedent to the property's right to receive water service from
Marana, the owner(s) of the Property shall pay all groundwater
replenishment fees and costs incurred in providing water service to the
Property. Marana, in its sole discretion, may determine the method of
recovering such replenishment fees and costs including, without limitation,
through the property tax bill, the water bills, and /or the impact fees of
those customers living within the Property.
6. TERMINATION OF AGREEMENT
6.1 In the event Developer does not complete all of the Water Facilities and
Water System construction described in Article 2, within three (3) years
from the date of this Agreement, except as otherwise agreed on Exhibit
"C" hereof, this Agreement shall be null and void, canceled and of no
further force and effect, except to the extent Marana in its sole discretion
either (i) extends this time period in writing or (ii) accepts all or a portion of
the Water Facilities, in which case this Agreement shall remain in full
force and effect for the extension period or as to the Water Facilities
accepted by the Town; provided, however, no reimbursements will be paid
pursuant to Subparagraph 3.4 hereof.
6.2 Pursuant to A.R.S. § 38 -511, Marana may cancel this contract within three
(3) years after its execution, without penalty or further obligation if any
person significantly involved in initiating, securing, drafting or creating this
Agreement on behalf of Marana is, at any time while this Agreement or
any extension of this Agreement is in effect, an employee or agent of
Developer in any capacity or consultant to Developer with respect to the
subject matter of this Agreement. Cancellation under this Paragraph by
Marana shall be effective when written notice from Marana is received by
Developer unless the notice specifies a later time. In addition to the right
to cancel as provided herein, Marana may recoup any fee or commission
paid or due to any person significantly involved in initiating, negotiating,
securing, drafting or creating this Agreement on behalf of Marana from
Developer arising as the result of this Agreement.
7. INDEMNIFICATION
7.1 With respect to the Water Facilities and Water System constructed
pursuant to this Agreement, for a period of one (1) year following
Marana's acceptance of the facilities to be dedicated to Marana
hereunder, Developer agrees to indemnify, appear, defend and hold
harmless Marana and its employees (as previously defined) from any and
all claims or causes of action which may be asserted against Marana for
negligent design or construction of the Water Facilities, and from claims
that may be asserted against Marana for inadequate fire protection
FCD Marana Venture I.doc Page 12 03/05/2003
capacity arising from the negligence of Developer or its employees or
agents.
8. NOTICE
8.1 Communications hereunder shall be sent to the parties at the following
addresses or to such other addresses as the parties may advise in writing:
To Marana: Utilities Director
Town of Marana Water Department
12775 North Sanders Road
Marana, Arizona 85653 -9723
With copy to: Mr. Dan Hochuli, Esq.
Town Attorney
220 East Wetmore Road, Suite 110
Tucson, Arizona 85705
And copy to: Martinez & Curtis, P.C.
Attn: William P. Sullivan
2712 N. 7th Street
Phoenix, Arizona 85006 -1090
To Applicant: FCD Marana Venture I, L.L.C.
c/o Mr. Don Edwards
Edwards, Largay & co., PLC
333 East Osborne, Suite 260
Phoenix, Arizona 85012
And copy to: Mr. Kyle B. Hettinger, Esq.
Brown & Bain
2901 North Central Avenue, Suite 2000
Phoenix, Arizona 85012
FCD Marana Venture I.doc Page 13 03/05/2003
9. SEVERABILITY
9.1 In the event any portion of this Agreement shall be determined to be
invalid, such invalidity shall not render void any remaining portions of this
Agreement, which can be given effect, and they shall remain in force and
effect.
10. ASSIGNMENT
10.1 This Agreement shall be binding upon and for the benefit of the heirs,
administrators, executors, successors and assigns of Marana and
Developer.
11. MISCELLANEOUS
11.1 This instrument (i) implements Paragraph 2.3 of the Development
Agreement between Marana and Vanderbilt Farms, L.L.C., an Arizona
limited liability company, dated , 2003 (and the
"Development Agreement "), (ii) contains the sole and only agreement of
the parties relating to the subject matter of this Agreement, and (iii)
correctly sets forth the rights, duties and obligations of each to the other
as of its date. Any prior agreements, promises, negotiations or
representations relating to the subject matter of this Agreement not
expressly set forth in this Agreement are of no force and effect. This
instrument contains the entire agreement between the parties, and it shall
not be amended, altered or changed, except by written agreement signed
by the parties.
11.2 All executed agreements shall remain on file in Marana offices and shall
be made available for public review upon request.
11.3 This Agreement is entered into under and shall be governed by the laws
of the State of Arizona.
11.4 This Agreement has been arrived at by negotiation and shall not be
construed against any party to it or against the party who prepared the last
d raft.
11.5 Captions and headings are for index purposes only and shall not be used
on construing this Agreement.
11.6 BEFORE THIS AGREEMENT SHALL BECOME EFFECTIVE AND
BINDING UPON EITHER MARANA OR DEVELOPER, IT MUST (i) BE
APPROVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, (ii) have all exhibits attached hereto (except Exhibit B to be
attached after recording) initialed by the parties, and (iii) be completed
with all blanks filled in. In the event that it is not so approved, this
Agreement shall be null and void and of no force or effect whatsoever.
FCD Marana Venture I.doc Page 14 03/05/2003
The remedies provided in this Agreement in favor of Marana shall not be
deemed its exclusive remedies but shall be in addition to all other
remedies available to the Parties at law or in equity. No waiver by Marana
of any breach by Developer of any provision of this Agreement nor any
failure by Marana to insist on strict performance by Developer of any
provision of this Agreement shall in any way be construed to be a waiver
of any future or subsequent breach by Developer or bar the right of
Marana to insist on strict performance by Developer of the provisions of
this Agreement in the future. Developer is an independent contractor and
not an agent or employee of Marana.
11.7 This Agreement, and all rights and obligations hereunder, including those
regarding water service to Developer, shall be subject to all provisions of
the Municipal Code of the Town of Marana and all applicable rates, fees,
charges and tariffs of the Marana Water Utility as approved by the Mayor
and Council of the Town of Marana now or as they may be changed and
approved by the Mayor and Council of the Town of Marana in the future.
FCD Marana Venture I.doc Page 15 03/05/2003
0:3 1 FF BF C)W� F.!i"_ 1:4 Fr_ 'E, T 2 1 r, I
IN WITNESS \NHEREOF, t7e parties hGave horcuruo SCT their hands the daN. anc
year first above written
TOWN OF MARANA
22.
Its '
APPROVED AS 1 FORM AT TEST:
BV.- By:
As Town Attorney ard not personally Town Clerk
DEVELOPER
FGD Mararia Venture i,
an Arizona I'T11-zed liabliMni •ompar-y
By: ., �
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ACKNIOWLEDIGIVENT
Or SM
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DEBORAM ANN AHL
tS TE A OF ARIZON MVM FURS -1M0FMaDM
COUNT E mkwm=Kiy 501k5k
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This instrurnarit, was 3cknov, before me this day of Lffday of
"003. by
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of Lj
asDevelcper.
Nctary Pubiir_
Mly Commission Expires:
q1
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�:Yr
EXHIBIT "A"
LOCATION MAP OF THE DEVELOPMENT
WITH LEGAL DESCRIPTION
[Please attach the location map of the development behind this cover sheet.]
FCD Marana Venture I.doc Page 17 03/05/2003
EXHIBIT "B"
INCORPORATION BY REFERENCE OF THE
PLANS AND SPECIFICATIONS OF THE
WATER UTILITY FACILITIES TO BE CONSTRUCTED HEREUNDER
Reference is hereby made to those certain 24" X 36" engineering drawings of the Water
Facilities Plans. Copies of such engineering drawings may be reviewed at Marana's
offices. Such engineering drawings may be more specifically described as follows:
[Please provide a detailed description of the Plans and Specifications including the date
and the code number of the Plans and the name of the Engineering firm, which
prepared the same.]
FCD Marana Venture Ldoc Page 18 03/05/2003
EXHIBIT "C"
PHASING ON -SITE WATER DISTRIBUTION SYSTEM
FCD Marana Venture Ldoc Page 19 03/05/2003
EXHIBIT "D"
ITEMIZED BREAKDOWN OF THE ESTIMATED COST OF THE
WATER UTILITY FACILITIES TO BE CONSTRUCTED HEREUNDER
[Please attach a line -by -line itemized breakdown of
the Estimated Cost of the Water Utility Facilities
to be installed in accordance with this Agreement
behind this cover sheet]
Please set forth the total expense the Developer /Applicant is to incur for the construction.
FCD Marana Venture I.doc Page 20 03/05/2003
EXHIBIT "E"
ACTUAL COST OF WATER FACILITIES
[To be Attached Forthwith Upon Issuance of Same.]
Please set forth the total expense the Developer /Applicant is to incur for the construction.
FCD Marana Venture I.doc Page 21 03/05/2003
EXHIBIT "F"
•
SYSTEM OVERSIZE AGREEMENT
Water Fill and Supply Lines
1. Marana acknowledges that the line capacity requirement for the water fill
line and water supply line required pursuant to section 2.1 (a) (i) of the
Agreement, is twelve inches (12 "). Marana agrees to refund to developer,
pursuant to Marana Town Code section 14 -4 -3 (B), the difference in the
cost of the twelve -inch (12 ") diameter lines to be installed pursuant to
sections 2.1 (a) (i) and the eight -inch (8 ") diameter line capacity
requirements.
2. Marana agrees to establish an oversize recovery charge pursuant to
Marana Town Code section 14 -4 -3 (C), to be assessed upon "non-
participating property" benefiting from the oversize of the fill and supply
lines. Any oversize recovery charges levied pursuant to this paragraph 2
shall be paid to Developer pursuant to Town Code section 14 -4 -3 (C) as a
refund of the cost of constructing the oversize facilities as set forth in
paragraph 1 above.
•
•
FCD Marana Venture Ldoc Page 22 03/05/2003
TOWN COUNCIL TOWN
MEETING OF
INFORMATION MARANA
DATE: March 18, 2003
AGENDA ITEM: IX. A. 2
TO: Mayor and Council
FROM: Jocelyn C. Bronson, Town Clerk
SUBJECT: Resolution No. 2003 -22 Canvass of the Vote for the March 11, 2003 Primary
Election
DISCUSSION: Pursuant to A.R.S. Section 16 -646, the governing body of a city or town must
meet to canvass the votes after a primary and/or a general election. This must
be done not less than six days nor more than 15 days after an election. The
official canvass is attached.
RECOMMENDATI Staff recommends adopting the Canvass of the Vote for the March 11,
ON: 2003 Primary Election.
SUGGESTED
MOTION:
I move that Council approve the Canvass of the Vote for March 11, 2003 Primary
Election.
ADMIN/JCE/03/13/2003
t
t
RESOLUTION NO. 2003-22
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN
OF MARANA, PIMA COUNTY, ARIZONA, DECLARING AND
ADOPTING THE RESULTS OF THE PRIMARY ELECTION HELD
ON MARCH 11, 2003.
WHEREAS, the Town of Marana, Pima County, Arizona, did hold a primary
election on the 11 day of March, 2003, for the election of a Mayor and two Council
Members positions and for Proposition 1, the Marana General Plan Growing Smarter
update; and
WHEREAS, the election returns have been presented to and have been canvassed
by the Town Council.
• NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town
of Marana, Pima County, Arizona, as follows:
SECTION 1: That the total number of ballots cast at said primary election, as
shown by the poll lists, was 304.
SECTION 2: That the number of ballots to be verified was 0, and that votes
found to be ineligible were 0.
SECTION 3: That the votes cast for the candidates for Council Member were as
follows:
Name Vote Total
Ed Honea 245
Jim Blake 245
SECTION 4: That the votes cast for the candidate for Mayor were as follows:
Name Vote Total
Bobby Sutton, Jr. 273
SECTION 5: That it is hereby found, determined and declared of record that the
. following three candidates did receive more than one -half of the total number of valid
votes cast and are hereby issued certificates of election:
1
• Bobby Sutton, Jr., Mayor
Ed Honea, Council Member
Jim Blake, Council Member
SECTION 6: That the votes cast for the Marana General Plan Growing Smarter
update, Proposition 1, were as follows:
Yes No
263 28
That it is hereby found, determined and declared of record, that the total number of valid
votes cast caused the Marana General Plan Growing Smarter update to be passed.
SECTION 7: This resolution shall be in full force and effect immediately upon its
adoption.
PASSED AND ADOPTED BY the Mayor and Council of the Town of Marana,
Pima County, Arizona, this 18 day of March, 2003.
Bobby Sutton, Jr., Mayor
ATTEST:
Jocelyn C. Bronson
Town Clerk
APPROVED AS TO FORM:
Daniel J. Hochuh
As Town Attorney and not personally
Mar 13 03 06:54a Pima County Elections 52u 6eu 1414 P.e
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T7'WIMAR�Y E
MA-' 11 C 4 0 t
PUvM COUYrY DIVISION Of! FJXCTIONS
130 CONEMESS ST. $TAI FLOOR
TUCSON, AZ 65 7. 01
TEL. 740-4260 260
Mar 13 03 00:55a Pima County Elections 520 620 1414 p.3
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fAli �`1Ua'f11iA\ti /
DIVISION OF ELECTIONS
130 W. CONGRESS STREET
TUCSON, ARIZONA 85701
(520) 740 -4260 FAX (520) 620 -1414
March 13, 2003
In accordance with Arizona Revised Statutes, Title 16, 1 hereby certify the enclosed tabulation is a
full, true and correct copy of the Returns of the Consolidated Elections held pursuant to Arizona
Constitution and Arizona Revised Statutes Title 9 and 16 in and for The Town of Marana, Pima
County, Arizona on March 11, 2003. This tabulation includes all early ballots and verified ballots
cast at said election.
Respectfully submitted,
Brad R. Nelson, Director
Pima County Elections
Mar 13 03 08:55a Pima County Elections 520 620 1414 p.4
rF E / T / 11 N
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Mar 13 03 08:55a Pima County Elections 520 620 1414 P.5
Election Summary Report Date:03 /12/03
pima consolidated 031103 Time: 13:28:49
Summary For Jurisdiction Wide, All Counters, All Races Page l of 4
Final Results All Ballots Cast and Counted
Registered Voters 16117 - Cards Cast 1926 Num. Report Precinct 13 -Num. Reporting 12
CIT U [L -DE EM
Polling Early TBV All Mail Total
Number of Precincts 1 0 0 0 1
Precincts Reporting 1 0 0 0 1 100.00%
Vote For 4 4 4 4 4
Times Counted (Reg. Voters 1076) 56 76 0 0 132 12.27%
Total Votes 165 286 0 0 451
Times Blank Voted 0 0 0 0 0
Times Over Voted 0 1 0 0 1
Number Of Under Votes 59 14 0 0 73
o
GARCIA, JOHN 36 67 0 0 103 22.84% ;:=
GREEN, ILDEFONSO A 5 7 0 0 12 2.66%
ROBLES, FELIX C. 38 72 0 0 110 24.39 %'
SOLTERO, ROMAN 45 69 0 0 114 25.28%
Write -in Votes 2 1 0 0 3 0.67 %:'
CITY OF SOUTH TUCSON COUNCIL-REP R P
Polling Early TBV All Mail Total
Number of Precincts 1 0 0 0 1
Precincts Reporting 1 0 0 0 1 100.00%
Vote For 4 4 4 4 4
Times Counted (Reg. Voters 1I5) 7 0 0 0 7 6.09 %!
Total Votes 9 0 0 0 9
Times Blank Voted 0 0 0 0 0 =
Tunes Over Voted 0 0 0 0 0
Number Of Under Votes 19 0 0 0 19
Write-La Votes
o:
Y F SOU 7MML-LBT LBT
Polling Early TBV All Mail Total
Number of Precincts I 0 0 0 1
6
Precincts Reporting 1 0 0 0 l 100.00% T'
Vote For 4 4 4 4 4
Times Counted (Reg. Voters 0) 0 0 0 0 0
Total Votes 0 0 0 0 0
Times Blank Voted 0 0 0 0 0 `t
Times Over Voted 0 0 0 0 0 ='
Number Of Under Votes 0 0 0 0 0 }
me -m Votes
TOWN OF MARANA MAYOR -
Polling Early TBV All Mail Total
Number of Precincts 2 0 0 0 2 -_
Precincts Reporting 2 0 0 0 2 100.00%
Vote For 1 1 1 1 1
Times Counted (Reg. Voters 7282) 287 18 1 0 306 4.20%
Total Votes 257 17 1 0 275
Times Blank Voted 30 1 0 0 31
Times Over Voted 0 0 0 0 0
Number Of Under Votes 0 0 0 0 0 =
SU'l ION JR., BOBBY 24T 0 265 .3 io
Write -in Votes 10 0 0 0 10 3.64%
tlar 13 03 08:55a Pima County Elections 520 620 1414 p.6
Election Summary Report Date:03112l03
pima consolidated 031103 Time: 13:28:49
Summary For Jurisdiction Wide, All Counters, All Races Page:2 of
Final Results All Ballots Cast and Counted
Registered Voters 16117 - Cards Cast 1926 Num. Report Precinct I3 - Num. Reporting 12
TOWN OF MARANA COI CIL
Polling Early TBV All Mail Total
Number of Precincts 2 0 0 0 2
Precincts Reporting 2 0 0 0 2 100.00% iix
Vote For 2 2 2 2 2
Times Counted (Reg. Voters 7282) 287 18 1 0 306 4.20 %'
Total Votes 464 32 2 0 498
Times Blank Voted 29 1 0 0 30
Times Over Voted 0 0 0 0 0
Number Of Under Votes 52 2 0 0 54
BLAKE, JIM 22-9 16 1 0
HONEA, ED 230 16 1 0 247 49.60%
Write -in Votes 5 0 0 0 5 1.00%
_:_ l r-- �� - ..: • •,.. r .�...�...`�
-. ___.+..
WN OF MARANA PR POSITION I y
Polling Early TBV All Mail Total
Number of Precincts 2 0 0 0 2
Precincts Reporting 2 0 0 0 2 100.00%
Vote For 1 1 1 1 1
Times Counted (Reg. Voters 7282) 287 18 1 0 306 420%
Total Votes 275 17 1 0 293
Times Blank Voted 12 1 0 0 13
Times Over Voted 0 0 0 0 0
Number Of Under Votes 0 0 0 0 0
Y NO 27 1 0 _- 0.: - -- 28 9.56 %.,.
TOWN A A V COUNCIL
Polling Early TBV All Mail Total
Number of Precincts 1 0 0 0
Precincts Reporting 0 0 0 0 0 0.00%
Vote For 4 4 4 4 4
Times Counted (Reg. Voters 2324) 0 0 0 1011 1011 43.50%
Total Votes 0 0 0 3309 3309
Times Blank Voted 0 0 0 20 20
Times Over Voted 0 0 0 1 1
Number Of Under Votes 0 0 0 651 651
�j
- o
GRABOWSKI, RICHARD R 0 0 0 557 557 16.83%
OLDHAM, CHARLES E. 0 0 0 598 598 18.07°x6::;
SCUDDER, MICHAEL 0 0 0 498 498 15.05
SKELTON, LYNNE 0 0 0 591 59I 17.86% r
TAYLOR, JOSEPH 0 0 . 0 558 558 16.86%
Write -in Votes 0 0 0 11 11 0.33%
'Mar 13 03 08:55a Pima County Elections 520 620 1414 p.7
Election Summary Report Date:03 /12/03
pima consolidated 031103 Time: 13:28:49
Summary For Jurisdiction Wide, All Counters, All Races Pa ,e:3 of
Final Results All Ballots Cast and Counted
Registered Voters 16117 -Cards Cast 1926 Num. Report Precinct 13 - Num. Reporting 12
TOWN F SAHUARITA PROPOSITION
Polling Early TBV All Mail Total
Number of Precincts 1 0 0 0 1
Precincts Reporting 0 0 0 0 0 0.00%
Vote For 1 1 1 1 I
Times Counted (Reg. Voters 2324) 0 0 0 1011 1011 43.50%
Total Votes 0 0 0 964 964
Times Blank Voted 0 0 0 46 46
Times Over Voted 0 0 0 I 1
Number Of Under Votes 0 0 0 0 0
YES
330 550 . o o
NO 0 0 0 414 414 42.95% <'
I.O./ B ABOQUIV ARI SD#40 RECALL
CHOYGUHA Polling Early TBV All Mail Total '
Number of Precincts 8 0 0 0 8
Precincts Reporting 8 0 0 0 8 100.00% :f
Vote For 1 1 1 1 1
Times Counted (Reg. Voters 339 1) 273 2 3 0 278 9.20%
Total Votes 221 1 3 0 225
Times Blank Voted 52 1 0 0 53 1
Times Over Voted 0 0 0 0 0
Number Of Under Votes 0 0 0 0 0
• 205 1 3 0 209 92
Write -in Votes 16 0 0 0 16 - 7.11
M.
I.OJBABOQUiVARj SD#40 RECALL =S
FRANCISCO Polling Early TBV All Mail Total
Number of Precincts 8 0 0 0 8
Precincts Reporting 8 0 0 0 8 100.00% F`
Vote For 1 1 1 I I =
Times Counted (Reg. Voters 339 1) 273 2 3 0 278 8.20% -
Total Votes 252 1 3 0 256
Times Blank Voted 21 1 0 0 22
Times Over Voted 0 0 0 0 0
Number Of Under Votes 0 0 0 0 0
z
6
Write -in Votes 141 0 2 0 143 - - 55.86%
.. �..<:.:..: .;u:.r:r3�_:r..cv_:-'_:..�: <:•: - _. «:_Yiw- �::��_3:tiry :�:: .- �..-. Y._- .- _ -....: s_._.cs �.- ..- .y- 2= �..:__ -. _.. ..___..�_- ..�._.a- ...- .- . - -...
I.O. /BABO UIVARI SDiY40 R CKEL
SEGUNDO Pollin- Early TBV All Mail Total
Number of Precincts 8 0 0 0 8
Precincts Reporting 8 0 0 0 8 100.00% „i'
Vote For 1 1 1 I 1 -
Times Counted (Reg. Voters 3391) 273 2 3 0 278 820%
Total Votes 259 2 3 0 264
Times Blank Voted 14 0 0 0 14
Times Over Voted 0 0 0 0 0
Number Of Under Votes 0 0 0 0 0
6
SEGUNDO, MURIEL J. 74 l 1 0 76 28.79%
Write -in Votes 4 0 0 0 4 1.52% '.°
- - - - — - - - - --
'Mar 13 03 08:55a Pima County Elections 520 620 1414 P.8
Election Summary Report Date:03 /12/03
puma consolidated 031103 Time:13:28:49
Summary For Jurisdiction Wide, All Counters, All Races Page:4 of
Final Results All Ballots Cast and Counted
Registered Voters 16117 - Cards Cast 1926 Num. Report Precinct 13 - Num. Reporting 12
LTA V Y 5 U IO 1
Polling Early TBV All Mail Total
Number of Precincts 1 0 0 0 1
Precincts Reporting 1 0 0 0 1 100.00%
Vote For t 1 1 I 1
Times Counted (Reg Voters 1929) 163 27 2 0 192 9.95% T
Total Votes 163 27 2 0 192
Times Blank Voted 0 0 0 0 0 s;
Times Over Voted 0 0 0 0 0
Number Of Under Votes 0 0 0 0 0 -
o
NO
14 1 0 86 44 79%
- Mar 13 03 08:56a Pima County Elections 520 620 1414 P.b
EARLY BALLOTS PROCESSED
MARCH 11, 2003
VOTING EARLY REJECTED
AREAS BALLOTS
COUNTED
10 -01 4 0
10 -02 14 0
TOTAL 18 0
11 -01 76 0
TOTAL 76 0
40 -01 0 0
40 -02 1 0
40 -03 0 0
40 -04 0 0
40 -05 0 0
40 -06 0 0
40 -07 1 0
40 -08 0 0
TOTAL 2 0
51 -01 27 0
TOTAL 27 0
Mar 13 03 08:5Ga Pima County Elections 520 620 1414 P.10
TO BE VERIFIED BALLOTS PROCESSED
MARCH 11, 2003
VOTING AREA TBV BALLOTS TBV BALLOTS TBV BALLOTS
RECEIVED VERIFIED AND NOT VERIFIED
COUNTED & UNCOUNTED
10 -01 0 10 0
10 -02 1 1 0
TOTAL 1 1 0
11 -01 0 0 0
TOTAL 0 0 0
40 -01 0 0 0
40 -02 0 0 0
40 -03 0 0 0
40 -04 4 0 4
40 -05 0 0 0
40-06 0 10 0
40 -07 3 0 3
40 -08 5 3 2
TOTAL 12 3 9
51 -01 4 2 2
TOTAL 14 2 2
Mar 13 03 08:56a Pima County Elections 520 620 1414 P.11
or
Vol 71
r�a u�jAAL-YPT
Mar 13 03 08:5Ga Pima County Elections 520 620 1414 P.12
Statement of Votes Cast Date:03 /12/03
pima consolidated 031103 Time: 13:19:06
SOVC For Jurisdiction Wide, All Counters, All Races Paae:1 of 15
Final Results
TURN OUT
Reg. Cards I %
Voters Cast Turnout
lurisdiaion Widc
10 -01 1930 89 4.61
10 -02 5352 217 4.05°
11 -01 1191 139 11.67°/
12 -01 2324 1011 43.50°
40 -01 237 22 9.28
40 -02 1330 116 8.72
40 -03 268 28 10.45°/
40-04 237 2 0.84
4005 226 40 17.70
40-06 535 17 3.18°
40-07 154 12 7.79
40-08 404 41 10.15
51- 1929 192 9.95
Total 16117 1926 11.95 ° /
Mar 13 03 08:5Ga Pima County Elections 520 620 1414 p.13
Statement of Votes Cast Date:03i12/03
pima consolidated 031103 Time: 13:19:06
SOVC For Jurisdiction Wide, All Counters, All Races Nge:6 of 15
Final Results
TOWN OF MARANA MAYOR
Reg. Times Total Times Times Number SUTTON JR, �Writc-ln Votes
Voters Counted Votes Blank Over Of BOBBY
Voted Voted under
Votes
Jurisdimion Widc
I0 -01 1930 89 79 10 0 0 76 9620•/. 3 3.80°/
10 -02 5352 217 l96 2I 0 0 189 96.43% 7 3.57°
11 -01 0 0 0 0 0 0 0 0
12 -01 0 0 0 0 0 0 0 - 0
40 -01 0 0 0 0 0 0 0 - 0
40 -02 0 0 0 0 0 0 0 - 0
40 -03 0 0 0 0 0 0 0 0
40-04 0 0 0 0 0 0 0 _ 0
40 -05 0 0 0 0 0 0 0 - 0
40 -06 07 0 0 0 0 0 0 0 - 0
40 - 0 0 0 0 0 0 0 - 0
40-08 0 0 0 0 0 0 0 - 0
I -01 0 0 0 0 0 0 0 0
Total 7282 306 275 31 0 0 265 96.36% 10 3.64;
Mar 13 03 08:57a Pima County Elections 520 620 1414 p.14
Statement of Votes Cast Date:03 /12/03
pima consolidated 031103 Time:l3:19:06
SOVC For Jurisdiction Wide, All Counters, All Races Page:? of is
Final Results
TOWN OF MARANA COUNCIL
Rc . Times Total Times Tmes Number BLAKE, JIM HONEA, ED Write -In Votes
Voters Counted Votes Blank Over Of
Voted Voted Under
Votes
Jurisdiction Wide
10-01 1930 89 142 10 0 16 66 46.48% 75 52.82% 1 0,70"/
10 -02 5352 217 356 20 0 38 180 50.56% 172 48.31% 4 1.12"
11-01 0 0 0 0 0 0 D 0 0
12-01 0 0 0
40 -01 0 0 0 0 0 0
0 0 0 0 0 0 0 0 _ 0
40-02 0 0 0 0 0 0 0 0 - 0
40 -03 0 0 0 0 0 0 0 0 - 0
40-04 0 0 0 0 0 0 0 - 0 0
40 -006
40 - 0 0 0 0 0 0 0 0 - 0
0 0 0 0 0 0 0 0 - 0
40 -07 0 0 0 0 0 0 0 0 0
40 -08 0 0 0 0 0 0 D 0 - 0
57 -01 0 0 0 0 0 0 0 0 0
Total 7282 306 498 30 0 54 246 49.40% 247 49.60% 5 1.00%
Mar 13 03 08:57a Pima County Elections 520 620 1414 P.15
Statement of Votes Cast Date:03 /12/03
pima consolidated 031103 Time: 13:19:06
SOVC For Jurisdiction Wide, All Counters, All Races Pa of 15
Final Results
TOWN OF MARANA PROPOSITION I
Reg Times Total Times Times Number YES I NO
Voter Counted Votes Blank Over Of
Voted Voted Under
Votes
lurisdict Wide
10- 1930 89 83 6 0 0 70 84.34% 13 15.6694.
10-02 5352 217 210 7 0 0 195 92.86 15 7.14
I1 -01 0 0 0 0 0 0 0 - 0
12 -01 0 0 0 0 0 0 0 0
46 -01 0 0 0 0 0 0 0 0
40 -02 0 0 0 0 0 0 0 - 0
40 -03 0 0 0 0 0 0 0 0
40-04 0 0 0 0 0 0 0 - 0
40 -05 0 0 0 0 0 0 0 - 0
40 -06 0 0 0 0 0 0 0 - 0
40 -07 0 0 0 0 0 0 0 - 0
40 -08 0 0 0 0 0 0 0 - 0
51 -01 0 0 0 0 0 0 0 - 0
Total 7292 306 293 13 0 0 265 90.44% 28 9.56°
• Mar 13 03 08:57a Pima Countjj Elections 520 620 1414 p.lG
IDO C�/ n) f-yl Qv
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MAR C-C 11, 20'VO
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•
Mar 13 03 09:57a Pima County Elections 520 620 1414 p.17
TOWN OF MARANA
PRIMARY ELECTION — MARCH 11, 2003
OFFICIAL POLLING PLACE LIST
VOTING AREA PRECINCTS POLLING PLACE
10 -01 006, 222, 262, 379, 397 Town of Marana, Town Hall
Council Chambers /Court Chambers
13251 N. Lon Adams Road
Marana, AZ 85653
10 -02 014, 015, 041, 150, 223, Sunflower Village Center
225, 263, 264, 275, 277, Fiesta Room
278, 282, 364, 396 9401 N. Sunflower Park Drive
Marana, AZ 85653
12403
TOWN TOWN
COUNCIL OF
MEETING MARANA
INFORMATION
DATE March 18, 2003
AGENDA ITEM: DC A. 3
TO: Mayor and Council Members
FROM: Jocelyn C. Bronson, Town Clerk
SUBJECT: Resolution No. 2003 -23: Application for Liquor License: Location Transfer by a
Corporation: Consideration of recommendation to State Liquor Board for a
location transfer by a corporation for a No. 07 (beer and wine bar) liquor license
submitted by Walter Brent Kyte on behalf of Pizza Hut of Arizona, Inc., for Pizza
Hut #30, located at 4131 W. Ina Road), Marana, Arizona
DISCUSSION:
Walter Brent Kyte, on behalf of Pizza Hut of Arizona, Inc., is applying for a location
transfer by a corporation for a (No. 07) (beer and wine bar) liquor license for premises
known as Pizza Hut #30, located at 4131 W. Ina Road. The business is in compliance, and
the Marana Police Department, showing no record on file, has completed a background
check.
In accordance with the State of Arizona Guide to Arizona Liquor Laws, the Clerk's office
has received two copies of an application for a spirituous liquor license from the State
Department of Liquor Licenses & Control Department. One copy of the application has
been posted on the front of the proposed licensed premises for 20 days prior to this
meeting.
The Council, as the appropriate governing board, must hold a meeting and either approve,
disapprove or offer a "no- recommendation" decision on the application. This action must
take place within 60 days of the filing of the application. During the time the governing
body is processing the application, the Department will conduct a background check of
the applicant.
If the application is approved at the appropriate government level, and no written protests
have been received by the Department, and if there is no objection by the Director, the
application will be approved. This process normally takes 90 days after the filing of the
application.
If the governing body disapproves the application or offers a "no- recommendation"
decision, or if the protests have been filed with the Department, the application must be
set for a hearing before the State Liquor Board. The hearing may be conducted by the
board or by a d esignated h earing o fficer. T he p urpose o f a h earing i s t o c onsider a 11
evidence and testimony in favor of or opposed to the granting of a license. The applicant
for a new license bears the burden of demonstrating his or her "capability, qualifications
and reliability" and that the granting of a license is in "the best interest of the
ADMIN /JCE/03/13/03/10:39 AM
community" except that, in a person -to- person transfer, an applicant need only prove his
or her "capability, qualifications and reliability ". An applicant in a location -to- location
transfer n eed o my p rove t hat t he g ranting o f t he 1 icense i s i n t he "best interest of the
community
The decision by the board to grant or deny an application will normally take place within
105 days after the application has been filed, unless the director deems it necessary to
extend the time period. A.R.S. 4 -201, 4- 201.01, 4 -203; Rule R-4 -15 -102.
RECOMMENDATION:
Walter Brent Kyte has submitted his application for a location transfer by a corporation
for a (No. 07) (beer and wine bar) liquor license for premises known as Pizza Hut #30,
located at 4131 W. Ina Road, to the State of Arizona Department of Liquor License and
has met the posting requirements. The office of the Town Clerk has received no
comments in favor or against the application. Staff recommends consideration of
approval of this liquor license.
SUGGESTED MOTION:
I move to approve Resolution No. 2003 -23.
•
ADMIN/7CE/03113/03/10:39 AM
�
MARANA RESOLUTION NO. 2003-23
A. RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, RECOMMENDING THE APPROVAL OF AN
APPLICATION FOR A LOCATION TRANSFER BY A CORPORATION OF A
NO. 07 (BEER AND WINE BAR.) LIQUOR LICENSE SUBMITTED BY WALTER
BRENT KYTE ON BEHALF OF PIZZA HUT OF ARIZONA, INC., PIZZA HUT
#30, FOR PREMISES LOCATED AT 4131 W. INA ROAD.
WHEREAS, pursuant to A.R.S. Section 4 -201, the Town Council of the
Town of Marana is empowered to recommend approval or disapproval of a
liquor license request to the Arizona Department of Liquor Licenses and Control;
and
WHEREAS, Walter Brent Kyte has applied for a location transfer by a
corporation of a No. 07 (beer and wine bar) liquor license for the premises
known as Pizza Hut #30, located at 4131 W. Ina. Road, and
WHEREAS, Town staff filed one copy of the application in the office of the
Town Clerk, and posted the other on the front of the premises at 4131 W. Ina
Road for 20 days along with a statement requiring any bona fide resident
residing, owning, or leasing property within a one mile radius in favor of or
opposed to such issuance of the license to file written arguments in favor of or
opposed to such issuance with the Town Clerk; and
WHEREAS, the Town Council considered all statements filed by the
applicant and any bona fide resident at a public meeting on March 18, 2003, and
has determined that it is in the best interests of the Town and its citizens that the
application for a No. 07 (beer and wine bar) liquor license for Pizza Hut #30,
located at 4131 W. Ina Road be approved..
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the
Town of Marana, Arizona, that the Town recommends approval of the
application for a No. 07 (beer and wine bar) liquor license filed by Walter Brent
Kyte for premises known as Pizza Hut #30, located at 4131 W. Ina Road.
Marana Resolution No. 2003 -15 Page 1 of 2
PASSED AND ADOPTED by the Mayor and Council of the Town of
Marana, Arizona, this 18th day of March, 2003.
Mayor BOBBY SUTTON, JR..
ATTEST:
Jocelyn C. Bronson
Town Clerk
APPROVED AS TO FORM
i
Daniel J. Hochuli
As Town Attorney and not personally
Marana Resolution No. 2003 -15 Page 2 of 2
TOWN TOWN
COUNCIL OF
MEETING MARANA
INFORMATION
DATE: March 18, 2003
AGENDA ITEM: IX. A. 4
TO: Mayor and Council
FROM: Jocelyn C. Bronson, Town Clerk
SUBJECT: Proclamation: proclaiming April 34, 2003 as VFW Buddy Poppy Days
DISCUSSION:
Nationally, the annual sale of Buddy Poppies by the Veterans of Foreign Wars of the United
States has been officially recognized and endorsed by governmental leaders since 1922. The
Mayor and Council support this community fund- raising campaign with the attached
proclamation.
RECOMMENDATION:
None required.
SUGGESTED MOTION:
None required.
ADMIN/MCWJCE03J13120039:31 AM
•
Proclamation
WHEREAS, the annual sale of Buddy Poppies by the Veterans of Foreign :
Wars of the United States has been officially recognized and endorsed by
governmental leaders since 1922; and
WHEREAS, V.F.W. Buddy Poppies are assembled by disabled veterans and
the proceeds of this worthy fund - raising campaign are used exclusively for the
benefit of disabled and needy veterans and the widows and orphans of
deceased veterans; and
WHEREAS, the basic purpose of the sale of Buddy Poppies by the Veterans
of Foreign Wars is eloquently reflected in the desire to "Honor the Dead by
Helping the Living."
NOW, THEREFORE, the Mayor and Council of the Town of Marana , Arizona
do proclaim April 3 -5, 2003 to be
•
V.F.W. BUDDY POPPY DAYS
In this community, and encourage all of our citizens to recognize the merits of
this cause by contributing generously to its support through the purchase of
Buddy Poppies on the days of April 3, 4, and 5, 2003 that have been set
aside for the distribution of these symbols of appreciation for the sacrifices of
our honored dead.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal
of the Town of Marana to be affixed this 18th day of March, 2003.
-
r �
pp w.
Bobby Sutton, Jr., Mayor
ATTEST:'
Jocelyn C. Bronson, Town Clerk
TOWN COUNCIL TOWN
MEETING OF
,mJNF ORMATION MARANA
ATE: March 18, 2003
AGENDA ITEM: IX. A. 5
TO: Mayor and Council
FROM: Jane Howell, Human Resources Director
SUBJECT: Increase in Staffing Request for one additional office support assistant position to support the
Marana Operations Center.
DISCUSSION:
Remodeling of Marana Operations Center is almost complete. The Water Utility department has
already moved into offices. Police from the substation and Technical Services will relocate as soon
as phone lines and other infrastructure have been installed. The Operations and Maintenance
department is not housed in the M.O.C. but is located on the same grounds and u se s ome o f the
facilities. Employees from DSC may be relocated to remaining office space in the near future. In
addition, members of the public continue to appear in person or telephone seeking Trico Electric as
well as directions or information about other Marana businesses and services.
Each of these entities generates its own customer traffic, both in person and by telephone. At this
time there is no receptionist support. A receptionist is needed to field inquiries from walk -in traffic,
vendors and other agencies and direct the public appropriately. The position would be filled with
two part-time workers, a procedure that has proved very successful at the Town Hall and DSC
reception desks.
Fiscal impact would be approximately $27,600 for salary, benefits and workstation.
RECOMMENDATION
Human Resources staff recommends authorization of one additional office support assistant position
for Marana Operations Center.
SUGGESTED MOTION:
I move that Council authorize one additional office support assistant position for the Marana
Operations Center.
HR/JH/Council/Bluesheet/Add OSA
03/13/03
TOWN COUNCIL TOWN
MEETING OF
INFORMATION MARANA
DATE: March 18, 2003
AGENDA ITEM: IX. B. 1
TO: Mayor and Council
FROM: Joel D. Shapiro, Planning Director
SUBJECT: PUBLIC HEARING: Ordinance No. 2003.04: Amendment to Title 3 Section 03.02,
Definitions, `Building Height ". A request to change the definition of Building Height, as
described in the Town of Marana Land Development Code, Title 3 — Definitions, Section
03.02 - Definitions `B ", Building Height " .
DISCUSSION: This item was heard by the Marana Planning Commission on January 22, 2003. The
Commission voted 5 —1 (Vice Chair Flayer dissenting) to recommend approval to the
Town Council. The item was schedule for hearing on February 18, 2003, and was
continued to March 18' 2003.
The applicant, K.B. Homes, is requesting that the Town of Marana change the definition of
"Building Height" as described in the Town of Marana Land Development Code, Title 3 —
Definitions, Section 03.02 — Definitions "B ", Building Height from "The vertical distance
between the lowest point of grade abutting the building to the highest point of the building,
excluding chimneys, vents and antennae ", to "The vertical distance between the level of the
average finished grade and:
1) The highest point of the parapet of a flat roof, or
2) The deckline of a mansard roof, or
3) The mean average point between the eaves and ridge of the highest gable,
hip, gambrel or other such roof element; provided, that the ridge line of the
roof shall not exceed four feet above the maximum permitted building
height of the zone." '
Recently, it has come to the attention of staff that a typical two -story home that offers nine
foot ceilings and a tile roof penetrates the current height requirement of 25 feet. The
proposed amendment allows for the elimination of this issue in two -story homes with the 9-
foot ceiling options that the market seems to desire.
Staff has performed an analysis of our current code requirements as they compare to the
currently adopted Specific Plans, for the purpose of determining if this requested change of
definition would increase the equity between developments outside of a Specific Plan and
those that are within Specific Plans. The majority of the currently active Specific Plans
include definitions which call for the measurement of building height to be from average
finished grade to the "mean average point between the eaves and the ridge of the highest
ble or other roof element ". The maximum buildin hei ht ran es from 24 to 35 feet
within the Specific Plans, and 25 feet in the conventional zoning. This would mean that if a
house in the Continental Ranch Specific Plan were to be built beside a house under our
conventional code restrictions, the house in the Continental Ranch Specific Plan
theoretically could be as much as nine feet higher than the house built under conventional
code. In the Dove Mountain Specific Plan the same theoretical house could be as much as
fourteen feet higher due to the building heights permitted by the Specific Plan.
By checking the definitions of other surrounding towns and cities, staff has found that both
definitions, the current Marana definition and the proposed definition, are commonly used.
The City of Tucson and Pima County use definitions similar to the proposed amendment,
and Oro Valley uses a definition very similar to that of Marana.
After researching other jurisdiction codes, staff has identified some areas of this issue in
which the Marana code is silent. Therefore, staff would recommend a modification to the
language requested by the applicant to include some of these omissions. The alternate
recommendation is as follows:
a. "The vertical distance between the level of the average finished grade and:
1) The highest point of the parapet of a flat roof, or
2) The deckline of a mansard roof, or
3) The mean average point between the eaves and ridge of the highest gable,
hip, gambrel or other such roof element; provided, that the ridge line of the
roof shall not exceed four feet above the maximum permitted building
height of the zone;
b. The height of a stepped or terraced building shall be the maximum of any segment
of such building, as measured from the average finished grade of that building
segment;
C. This definition does not apply to steeples, spires, towers, and other design features
that project from the roof, providing the aggregate area of the design features do
not exceed ten percent of the roof area."
RECOMMENDATION:
The Marana Planning Commission recommends approval of PCM- 02114, Amendment to Title 3,
Section 03.02, Definitions, " Building Heights" of the Town of Marana Land Development Code.
SUGGESTED MOTION:
I move to approve Ordinance No. 2003.04
MARANA ORDINANCE NO. 2003.04
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA,
ARIZONA, AMENDING TITLE 3, SECTION 03.02, DEFINITIONS, " BUILDING HEIGHT ", OF
THE MARANA LAND DEVELOPMENT CODE TO REVISE THE DEFINITION OF "BUILDING
HEIGHT ", AND REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE
TOWN OF MARANA IN CONFLICT THEREWITH.
WHEREAS, on May 14, 1984, the Town Council of the Town of Marana adopted, by
Ordinance Number 84.04, a Land Development Code (the "Code ") for the Town of Marana and has
amended the Code from time to time; and
WHEREAS, the Code contains Title 3, Definitions, which provides for the definition of
Building Height; and
WHEREAS, within Title 5 the definition of Building Height is codified at Section 03.02,
and,
WHEREAS, that definition describes Building Height as follows:
"The vertical distance between the lowest point of grade abutting the building to the highest
point of the building, excluding chimneys, vents and antennae. ", and;
WHEREAS, the applicant, KB Homes, has requested that the definition of Building Height
be amended to read:
"The vertical distance between the level of the average finished grade and:
1) The highest point of the parapet of a flat roof, or
2) The deckline of a mansard roof, or
3) The mean average point between the eaves and ridge of the highest gable, hip, gambrel
or other such roof element; provided, that the ridge line of the roof shall not exceed
four feet above the maximum permitted building height of the zone. ", and;
WHEREAS, staff has determined that the proposed amendment does not address all of the items
that should be covered, and therefore staff has amended the requested language as follows:
a. "The vertical distance between the level of the average finished grade and:
1) The highest point of the parapet of a flat roof, or
2) The deckline of a mansard roof, or
3) The mean average point between the eaves and ridge of the highest gable, hip,
gambrel or other such roof element; provided, that the ridge line of the roof
Marana Ordinance No. 2003.04
Page 1 of 3
shall not exceed four feet above the maximum permitted building height of the
zone;
b. The height of a stepped or terraced building shall be the maximum of any segment of
such building, as measured from the average finished grade of that building segment;
C. This definition does not apply to steeples, spires, towers, and other design features that
project from the roof, providing the aggregate area of the design features do not exceed
ten percent of the roof area. ", and;
WHEREAS, the Marana Planning Commission held a public hearing on this request to
amend the Code on January 22, 2003, and its members voted to recommend approval oft he
proposed amendment to the Town Council by a unanimous vote; and
WHEREAS, the Town Council of the Town of Marana held a public hearing on this request
to amend Title 3 on February 18, 2003, to obtain input from town staff, and the public on the
proposed amendment to the Code, and finds that the amendment is in the best interests of the Town
and its residents.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana,
Arizona, as follows:
Section 1: That certain document entitled "LAND DEVELOPMENT CODE ", three
copies of which are on file in the office of the Town Clerk, is hereby amended as
recommended by the Planning and Zoning Commission, as follows:
Section 03.02 Definitions "B"
Building Height:
a." The vertical distance between the level of the average finished grade and:
1) The highest point of the parapet of a flat roof, or
2) The deckline of a mansard roof, or
3) The mean average point between the eaves and ridge of the highest gable, hip,
gambrel or other such roof element; provided, that the ridge line of the roof
shall not exceed four feet above the maximum permitted building height of the
zone;
b. The height of a stepped or terraced building shall be the maximum of any segment of
such building, as measured from the average finished grade of that building segment;
C. This definition does not apply to steeples, spires, towers, and other design features
that project from the roof, providing the aggregate area of the design features do not
exceed ten percent of the roof area. "
Maram Ordinance No. 2003.04
Page 2 of 3
•
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this
18th day of March, 2003.
ATTEST: Mayor BOBBY SUTTON, JR.
Jocelyn C. Bronson
Town Clerk
APPROVED AS TO FORM:
Daniel J. Hochuli
As Town Attorney and not personally
•
Maram Ordinance No. 2003.04
Page 3 of 3
t ,
TOWN COUNCIL TOWN
MEETING OF
INFORMATION MARANA
DATE: March 18, 2003
AGENDA ITEM: IX. B. 1
TO: Mayor and Council
FROM: James R. DeGrood, P.E., Development Services Administrator
SUBJECT: Supplemental Materials for Council Consideration:
Ordinance No. 2003.04, Amendment to Title 3, Section 03.03, Definitions, "Building
Heights"
DISCUSSION: This item was originally scheduled for the February 18, 2003 agenda, and was
continued to the March 18' meeting to allow for additional dialogue with the
building community regarding the reasons for this request, as well as to give an
opportunity for the Town to give feedback to the builders regarding their
homebuilding product concerns.
A series of "Builder Forums" were conducted to discuss these issues. Participants in
the forums included representatives from KB Home, Sivage Thomas Homes,
Monterey Homes and Forest City Southwest, in addition to two members of Council.
At the first forum meeting, general points of concern raised were the need for
additional height to allow for efficient, economical and attractive 2 story homes
which the builders felt would be desired in the marketplace, the lack of diversity of
available product within Marana, especially a move -up product which would be
attractive to existing Continental Ranch residents, and a general concern about the
design standards for new residential communities.
At the second forum a staff survey of available housing product was presented that
showed a lack of product available in the community that was roughly defined as
housing with pricing between $200,000 and $350,000. This was felt to be a
significant gap by the Councilmembers present, and has been identified as a reason
valued members of the community have left Marana for other communities. The
$350,000 home and above was felt to be available within town through custom and
semi- custom homes on lots larger than '/z acre. Representatives of the mechanical
and roofing trades also presented information regarding the advantages and
disadvantages to various roof slopes, and how that related to the overall height of
building. The forum ended with a discussion about the need for marketing input on
why there was an absence of product in Marana at the $200,000 to $350,000 range,
and about some general process related methods of creating an opportunity to build a
2 story product within the existing residential zoning districts in Marana.
The third builder forum was lightly attended, with the only builder represented being
lei KB Home. Staff presented marketing information obtained from Bright Future
PW /JRD /DMH/12 /14/99
Building Consultants regarding the variety and availability of new housing products
in the $200,000 to $350,000 range (model base prices). The marketing information
showed that there was a large variety of product available in the Northwest Tucson
Metro area, but only 3 builders had product in the range within Marana; the highest
priced base home in Marana had a cost of less than $215,000. While it has been
noted by the builders that new product will be arriving on the market in that range
shortly, even this newer product will remain in the lower third of the range.
When considering the proposed building height change, there is a definite concern
of staff regarding the current method of measurement of building height with respect
to t he d efinition o f " lowest p oint o f g rade a butting t he building ". This is highly
variable due to site grading concerns, even on an engineered pad in a mass graded
subdivision. As we ordinarily approve "model plans" for builders to produce from
in a subdivision, measuring the building height from the floor elevation, and then
limiting the amount of height the floor can be raised relative to the surrounding
ground is far preferable to the current definition.
Staff acknowledges that there may be reason to allow building heights to exceed the
current limit of 25 feet. Currently, a builder would need to rezone a residential
zoned property to a multi - family district in order to be able to construct a structure
taller than 25' by right. The ramifications of this may produce undesirable densities
in communities which are conferred multifamily zoning solely to allow for higher
building heights. Conversely, staff finds that simply raising the height allowed in
the residential districts may also have unintended negative consequences.
i Staff recommends that an allowance for increased heights be addressed on a project
by project basis, based upon the projects design merits. Items that should properly
be r eviewed i n s uch a r equest i nclude v iewshed i mpacts t o o ffsite properties, the
layout of the subdivision, the design of the structures themselves, as well as the
relative m assing o f h igh b uilding a lements, b oth w ithin t he project and along the
project's perimeter.
RECOMMENDATION Staff recommends measuring the building height from the finished floor
elevation (with a grading limitation), and establishing a review process to
allow future subdivisions to exceed the 25' height limitation, prior to plat
approval. Staff further recommends that any requests to exceed the
maximum height in existing subdivisions be brought before council for
consideration on a case by case basis.
SUGGESTED I move to approve Ordinance No. 2003.04. I further move that we direct staff
MOTION: to prepare a potential "Building Height Increase Option ", to be added to
residential zoning classifications, whereby requests for building heights that
exceed the maximum allowable height per the code be brought to the Council
as a Council Action Item prior to consideration of the Preliminary Plat, and
that any requests for building height increases for existing platted
subdivisions be brought forward as Council Action Items.
PW /JRD/DMH/12 /14/99
MARANA ORDINANCE NO. 2003.04
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA,
ARIZONA, AMENDING TITLE 3, SECTION 03.02, DEFINITIONS, " BUILDING HEIGHT ", OF
THE MARANA LAND DEVELOPMENT CODE TO REVISE THE DEFINITION OF "BUILDING
HEIGHT ", AND REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE
TOWN OF MARANA IN CONFLICT THEREWITH.
WHEREAS, on May 14, 1984, the Town Council of the Town of Marana adopted, by
Ordinance Number 84.04, a Land Development Code (the "Code ") for the Town of Marana and has
amended the Code from time to time; and
WHEREAS, the Code contains Title 3, Definitions, which provides for the definition of
Building Height; and
WHEREAS, within Title 5 the definition of Building Height is codified at Section 03.02,
and;
WHEREAS, that definition describes Building Height as follows:
"The vertical distance between the lowest point of grade abutting the building to the highest
point of the building, excluding chimneys, vents and antennae. ", and;
WHEREAS, staff has determined that conflict exists between the Marana Land
Development Code and the International Residential Code with respect to the definition of
Building Height, and;
WHEREAS, the Marana Planning Commission held a public hearing on this request to
amend the Code on January 22, 2003, and its members voted to recommend approval of the
proposed amendment to the Town Council by a vote of 5 -1, with Commissioner Flayer dissenting; as
follows:
a. "The vertical distance between the level of the average finished grade and:
1) The highest point of the parapet of a flat roof, or
2) The deckline of a mansard roof, or
3) The mean average point between the eaves and ridge of the highest gable, hip,
gambrel or other such roof element; provided, that the ridge line of the roof
shall not exceed four feet above the maximum permitted building height of the
zone;
b. The height of a stepped or terraced building shall be the maximum of
Marana Ordinance No. 2003.XX
Page 1 of 3
any segment of such building, as measured from the average finished grade of
that building segment;
C. This definition does not apply to steeples, spires, towers, and other design features
that project from the roof, providing the aggregate area of the design features do
not exceed ten percent of the roof area. ", and;
WHEREAS, the Town Council of the Town of Marana held and continued a public hearing
on this request to amend Title 3 on February 18, 2003, to obtain further input from town staff, and
the public on the proposed amendment to the Code.
WHEREAS, the Town Council of the Town of Marana held a continued a public hearing on
this request to amend Title 3 on March 18, 2003, to obtain further input from town staff, and the
public on the proposed amendment to the Code, and finds that following revised amendment is in the
best interests of the Town and its residents.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana,
Arizona, as follows:
• Section 1: That certain document entitled "LAND DEVELOPMENT CODE ", three
copies of which are on file in the office of the Town Clerk, is hereby amended as
recommended by the Planning and Zoning Commission, as follows:
Section 03.02 Definitions "B"
Building Height:
The vertical distance between the finished floor elevation and the highest point of the
building, excluding chimneys, vents and antennae, provided the finished floor elevation is
no higher than 2' above any adjacent grade within 4' of the building.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this
18th day of March, 2003.
ATTEST: Mayor BOBBY SUTTON, JR.
Jocelyn C. Entz
Town Clerk
Marana Ordinance No. 2003.XX
Page 2 of 3
APPROVED AS TO FORM:
Daniel J. Hochuli
As Town Attorney and not personally
Marana Ordinance No. 2003.XX
Page 3 of 3
1
TOWN TOWN
COUNCIL OF
MEETING MARANA
INFORMATION
DATE: March 18, 2003
AGENDA ITEM: IX. B. 2
TO: Mayor and Council
FROM: Mike Hein, Town Manager
SUBJECT: Resolution No.2003 -19 Authorizing the approval and execution of an amendment to
Development Agreements between the Town of Marana and Cottonwood Properties,
Inc. and related Trust Entities, relating to the provision of regional water, trail and
traffic improvements.
DISCUSSION:
The Developers of Dove Mountain previously constructed several miles of 24 -inch pipeline
and entered into a development agreement with Tucson Water under which capacity of that
pipeline was reserved exclusively for Dove Mountain. Densities within Dove Mountain are
lower than initially anticipated and an affiliate of Cottonwood Properties (Cottonwood)
has entered into agreements with some land owners outside of Dove Mountain
(Participating Parcels) to utilize a portion of the pipeline capacity reserved for Cottonwood.
In exchange, the Participating Parcels are reimbursing Cottonwood a portion of the initial
infrastructure cost, and the City of Tucson has agreed to provide water service to the
Participating Parcels. As contemplated under an existing intergovernmental agreement
between the Town of Marana and the City of Tucson, the Town is approving City of
Tucson water service to the Participating Parcels and agreeing to allow the City to bill
future customers for costs associated with stored water credits or provide reimbursement of
these costs. Typically stored water credits are provided through membership in the
groundwater replenishment district.
Anticipated infrastructure reimbursement payable to Cottonwood will range between 2 and
2.4 million depending on the number of units developed within the Participating Parcels.
The agreement requires Cottonwood to apply the first one million and thereafter one half of
all revenue towards infrastructure costs that can be reimbursed from sales tax revenue from
the proposed resort hotel. The Town is to receive one half of revenue in excess of one
million for development of trails within the Tortolita Trail Master Plan, transportation
system improvements related to the extension of Dove Mountain Boulevard to the new
Twin Peaks Interchange and other public improvements as jointly agreed. In the current
calendar year, the Town will receive $550,000 for these improvements.
The agreement identifies the location of a 2 acre parcel that is to be dedicated to the Town
for a trailhead parking lot to serve the Tortolita Trail Master Plan. The agreement
authorizes Cottonwood to utilize the parking lot for major golf tournaments and night time
• hotel events.
The Developer's obligation with respect to certain transportation improvements within
Section 36 of Dove Mountain are prescribed in this agreement.
RECOMMENDATION: Staff recommends approval of Resolution No. 2003 -19 authorizing the approval and
execution of an amendment to Development Agreements between the Town of Marana and Cottonwood
Properties, Inc. and related Trust Entities, relating to the provision of regional water, trail and traffic
improvements.
SUGGESTED MOTION:
I move that Resolution No. 2003 -19 be approved.
•
•
4
•
MARANA RESOLUTION NO. 2003 -19
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA,
ARIZONA, AUTHORIZING THE APPROVAL AND EXECUTION OF AN AMENDMENT
TO DEVELOPMENT AGREEMENTS BETWEEN THE TOWN OF MARANA AND
COTTONWOOD PROPERTIES, INC. AND RELATED TRUST ENTITIES, RELATING TO
THE PROVISION OF REGIONAL WATER, TRAILS AND TRAFFIC IMPROVEMENTS.
WHEREAS, on June 19, 2001 and thereafter the Mayor and Council of the Town of
Marana approved certain development agreements between the Town of Marana and the
developers of Dove Mountain; and
WHEREAS, Cottonwood Properties has determined that it is beneficial to transfer certain
rights it holds through the development agreements and other agreements, in order to enhance the
overall water, trails and traffic infrastructure in the area and provide for shared cost of the
infrastructure; and
WHEREAS, pursuant to A.R.S. § 9- 500.05, the Town is authorized to enter into
development agreements relating to property in the Town; and
WHEREAS, the staff of the Town has prepared the Amendment to Development
Agreements attached hereto as Exhibit "A" and incorporated herein by this reference; and
WHEREAS, the attached Amendment to Development Agreements permits the expansion
of the water improvements to other property owners in the area, certain financial reimbursements
to Cottonwood Properties, financial payments to the Town for regional traffic and trails
improvements, and the inclusion of newly acquired property to the previous agreements; and
WHEREAS, the Mayor and Council have determined that the terms of the Amendment to
Development Agreements are unobjectionable and do not conflict with the Town's general plan
or with the interests of the Town or its residents; and
WHEREAS, the Mayor and Council have determined that approval of the Amendment to
Development Agreements is in the best interests of the Town and its residents.
I
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of
Marana, Arizona, that the Amendment to Development Agreements, attached hereto as Exhibit
. "A" and incorporated herein by this reference, is hereby approved.
BE IT FURTHER RESOLVED by the Mayor and Council that the Mayor is hereby
authorized to execute the Amendments on behalf of the Town of Marana.
Marana, Arizona Resolution No. 2003 -19 Page I of 2
i
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 18` day of March, 2003.
Mayor BOBBY SUTTON, JR.
ATTEST:
Jocelyn C. Bronson
Town Clerk
APPROVED AS TO FORM:
Daniel J. Hochuli, Esq.
As Town Attorney and not personally
I'I
•
Marana, Arizona Resolution No. 2003 -19 Page 2 of 2
•
Exhibit A
Development Agreement
Marana, Arizona Resolution No. 2003 -19
AMENDMENT TO DEVELOPMENT AGREEMENTS
(Bajada, Phase 1 and Canyon Pass)
(Amends Document Recorded in Docketl 1580 at page 1885)
This Amendment (the "Amendment ") is made as of , 2003 by and among the
Town of Marana, an Arizona municipal corporation (the "Town "), Cottonwood Properties, Inc., an
Arizona corporation ( "Cottonwood "), Lawyers Title of Arizona, Inc., an Arizona corporation, as
Trustee under Trust No. 7804 -T ( "Trust 7804 ") and Lawyers Title of Arizona, Inc., an Arizona
corporation, as Trustee under Trust No. 7805 -T ( "Trust 7805 ").
RECITALS:
A. The parties hereto are parties to that certain Amendment to
Development Agreements made as of June 19, 2001 and recorded in Docket 11580 at
Page 2987 in the Office of the Pima County Recorder ( "Resort Agreement "), and
the parties hereto (or their predecessors in interest) are parties to the Development
Agreements defined in the Resort Agreement ( "Development Agreements "). The
Resort Agreement and the Development Agreements shall be collectively referred to
herein as the "Current Development Agreements ").
B. Trust 7804 and Trust 7805 are the current owners of a majority of the
property described and depicted in the Current Development Agreements (exclusive
of the District 1 Property described in the Phase 1 Agreement) and are the assignees
of the Developer's rights and obligations under the Current Development
Agreements.
C. Cottonwood is the intended master developer of the majority of the
property described and depicted in the Current Development Agreements (exclusive
of the District 1 Property described in the Phase I Agreement) and all references to
the "Developer" herein refer to any and all of Cottonwood, Trust 7804 and Trust
7805 (and their beneficiaries) and/or such other developer(s), if any, as the case may
be, to whom Trust 7804 and Trust 7805 hereafter assign all or a portion of their
rights and obligations under the Current Development Agreements in accordance
with the provisions of the Current Development Agreements.
D. Trust 7804 and Trust 7805 hold the rights under a certain Water
Service Agreement with the City of Tucson dated September 19, 1988, as Contract
Number 0161 -89, which Water Service Agreement has been amended by a First
Amendment, a Second Amendment, a Third Amendment, and a Fourth Amendment
(collectively the "Water Service Agreement ") with respect to the provision of
potable and reclaimed water to the master planned community located in Marana,
Arizona known as Dove Mountain ( "Dove Mountain "). Pursuant to the terms of the
1
i
Water Service Agreement, the water facilities that have been or will be constructed
to serve development within Dove Mountain, including but not limited to a 24" off -
site pipeline and C to E Booster station (collectively " Offsite Potable Water
Facilities ") currently delivering potable water to Dove Mountain, are reserved for
the sole and exclusive use and benefit of Trust 7804 and Trust 7805 and other owners
and occupants within Dove Mountain. The owners or prospective owners of land
identified on Exhibit A (consisting of Participating Parcels A -F and collectively
referred to herein as the "Participating Parcels ") desire to obtain authorization from
Trust 7804 and Trust 7805 to connect into and utilize appurtenant capacity from the
Offsite Potable Water Facilities in order to obtain water service from Tucson Water.
E. The Developer desires to obtain reimbursement of certain costs by
selling a portion of the capacity from the Offsite Potable Water Facilities to the
owners of the Participating Parcels. The Town must consent to such utilization of
capacity on the Participating Parcels before the City of Tucson ( "City ") will provide
water service, and the Town must provide stored water credits ( "Stored Water
Credits ") as described in the Intergovernmental Agreement dated November 21,
2000 between the Town and the City ( "Water IGA "), subject to the City
reimbursing the Town for stored water credits as described in the Water IGA.
F. The Town approved the annexation of section 36, in Township 11
South, Range 12 East ( "Section 36 ") into the Dove Mountain Specific Plan under
. Marana Ordinance 2002.13, and the parties desire to establish requirements for
offsite transportation improvements associated with development of Section 36.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties hereto state, confirm and agree as follows:
AGREEMENT
1. Pipeline Capacity Allocation Revenue In the event that the Developer is able to sell
capacity from the Offsite Potable Water Facilities, the revenue therefrom ( "Pipeline Capacity
Allocation Revenue ") shall be applied in the following manner: (i) the first one million $1,000,000,
shall be applied to reimburse the Developer or the Dove Mountain Resort Community Facilities
District (as the Developer shall direct) for Other Public Facilities Costs (as such term is defined in
the Resort Agreement); (ii) one -half of the Pipeline Capacity Allocation Revenue in excess of the
initial $1,000,000 applied as provided in (i) above ( "Town Revenue ") shall be utilized by the Town
to fund the matters described in paragraph 2 below; (iii) the remaining one -half of Pipeline Capacity
Allocation Revenue not allocated in accordance with (ii) above shall be applied to reimburse the
Developer or the Dove Mountain Resort Community Facilities District (as the Developer shall
direct) for Other Public Facilities Costs as such term is defined in the Resort Agreement. The Town
shall provide Stored Water Credits for each of the Participating Parcels upon written confirmation
from the Developer that the Participating Parcel has been allocated capacity from the Offsite Potable
Water Facilities. The Developer owns or anticipates purchasing Participating Parcel A and
Participating Parcel B, and there shall be no Pipeline Capacity Allocation Revenue from such
parcels. Pipeline Capacity Allocation Revenue shall also exclude any revenues that are received in
2
reimbursement for third party costs incurred or to be incurred for water storage or pumping facilities
within Dove Mountain.
2. Town Projects The Town shall use reasonable and diligent efforts to utilize the
Town Revenue in accordance with this paragraph. The Town Revenue shall be applied to
development of trail system and transportation system related expenses directly related to Dove
Mountain or other Public Facilities Costs and public improvements approved by Town staff and the
Developer.
3. Trailhead Parking Lot Within three months after request by the Town, the
Developer shall dedicate to the Town the two acre parcel depicted on Exhibit C ( "Trailhead ") for
development of a trailhead parking lot as well as a fifteen foot wide public trail easement for trails
identified on Exhibit B that are located within the Dove Mountain Specific Plan and such dedication
satisfies the trail and trailhead land requirement in the Dove Mountain Specific Plan. All
improvements to the Trailhead shall comply with the design review procedures for the Dove
Mountain Specific Plan. The Trailhead shall be conveyed subject to an easement that permits the
Developer or its assignee to utilize parking within the Trailhead for nighttime events associated with
a Resort Hotel (as such term is defined in the Resort Agreement) and for daytime events such as a
major golf tournament, provided such daytime events are no longer than five days and occur no
more than two times per calendar year.
4. Section 36 Transportation Improvements The Developer has entered into a contract
to purchase Section 36 and in the event such purchase is made by the Developer or an affiliate
thereof, such owner shall be required to provide only the following offsite transportation
improvements for development in Section 36:
A. Extend Moore Road from its terminus adjacent to the Bluffs at Dove
Mountain easterly to the existing intersection of Camino de Oeste and Moore Road. Moore
road improvements shall include a low water crossing of Prospect Wash and be completed
on the earlier of five years after this Agreement and opening of a Resort Hotel (as such term
is defined in the Resort Agreement). At the discretion of the Town, traffic calming devices
shall be provided for the Prospect Wash crossing to facilitate wildlife crossing of the road.
B. Provide 175 feet of right of way from the center line of Tangerine Road
extending northerly into Section 36. The Town shall have the right to require an additional
twenty -five (25) feet of right of way (but not improvements) to provide right of way for a
frontage road if the Developer utilizes direct access to Section 36 from Tangerine.
C. Improvements necessary to accommodate vehicular turning movements in
locations where access to Section 36 is taken from Camino de Oeste or Tangerine Road.
Said improvements shall occur prior to any physical access other than construction access
from Section 36 to Camino de Oeste.
5. Public Pumoses The parties hereto recognize and acknowledge that the development
of the property within the Participating Parcels and Dove Mountain and the resulting augmentation
of revenues and commercial and/or recreational activities upon and about such land will directly
3
benefit the Town and its residents. The parties hereto further acknowledge that development of the
matters described in paragraph 2 and other public infrastructure are desirable and will result in
benefits to the public health, welfare and safety of the Town and its residents by (i) providing well
planned development with appropriate open space and recreational areas, (ii) increasing tax and
other revenues to the Town based on businesses and improvements to be constructed, (iii) creating
jobs through the construction and operation of new businesses, (iv) providing for new public
facilities as described herein, and (v) otherwise generally enhancing the Town for the benefit and
economic welfare of its residents, and for these reasons the Town will take the actions described
herein.
6. Accounting Upon request from either party, the other party shall provide an
itemized breakdown of how monies spent from Pipeline Capacity Allocation Revenue have been
utilized.
7. Miscellaneous In the event of litigation to enforce the terms of this Agreement, the
prevailing party shall be entitled to receive its reasonable attorneys' fees and costs of suit.
Time is hereby made of the essence of this Agreement.
The wording of this Agreement has been arrived at by negotiation between the
parties, and, in the event of any ambiguity, this Agreement shall not be construed in favor of or
against any party hereto on account of such party having prepared any draft or final version hereof.
This Agreement shall be binding upon and inure to the benefit of the parties hereto
and their successors and assigns.
In no event shall the Developer or the Dove Mountain Resort Community Facilities
District, as the case may be, ever be reimbursed by the Town more than once for the same cost or
expense.
This Agreement constitutes the entire agreement between the parties and the parties
expressly acknowledge that there are no other agreements or understandings in regard to this
transaction other than as set forth herein or contained within other written agreements referred to
herein.
The recitals set forth herein are true and correct in all material respects and are
incorporated herein by reference.
No payment or reimbursement hereunder shall be deemed to be an assignment or
pledge of tax revenue.
Nothing herein shall be deemed a representation as to an amount of revenue that will
be received.
4
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 delayed or withheld.
Each party hereto shall from time to time execute and deliver such further
instruments as the other party or its counsel may reasonably request to effectuate the
intent of this Agreement, including, but not limited to, documents necessary for
compliance with the laws, ordinances, rules or regulations of any applicable
governmental authorities.
The waiver by either party of any breach of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, condition or covenant contained herein.
If any provision or any portion of any provision of this Agreement or the
application of any such provision or any portion thereof shall be held invalid or
unenforceable, the remaining portion of such provision and the remaining provisions of
this Agreement, or the application of such provision or portion of such provision, shall
not be affected thereby.
This Agreement shall be construed in accordance with the laws of the
State of Arizona. In the event of any dispute hereunder, exclusive jurisdiction and venue
shall exist only in Pima County, Arizona. In particular this Agreement is subject to the
provisions of A.R.S. § 38 -511.
Captions and headings as set forth herein are for reference purposes only
and shall not be used in construing this Agreement.
IN WITNESS WHEREOF the parties executed this Agreement the day and year
written above.
ATTEST: THE TOWN OF MARANA, an
Arizona municipal corporation
Jocelyn C. Bronson, Town Clerk Bobby Sutton, Jr., Mayor
APPROVED AS TO FORM AND
AUTHORITY:
The foregoing Amendment has been reviewed
by the undersigned attorney who has
determined that it is in proper form and within
the power and authority granted under the laws
of the State of Arizona to the Town of Marana.
Daniel J. Hochuli, Town Attorney
APPROVAL BY DEVELOPER: TRUST 7804:
COTTONWOOD PROPERTIES, INC., LAWYERS TITLE OF ARIZONA, INC.,
an Arizona corporation, an Arizona corporation, as Trustee under Trust
No. 78 4 -T only, and not in its corporate capacity
By: B
Its:
TRUST 7805:
LAWYERS TITLE OF ARIZONA, INC.,
an Arizona corporation, as Trustee under Trust
No. 7805 -T only, and not in its corporate capacity
6
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EXHIBIT "A"
PA
RTICIPATrNG PARCEL EXHIBIT
EXHIBIT "A"
PARTICIPATING PARCEL A
SECTION 36
LEGAL DESCRIPTION
All of Section 36, Township 11 South, Range 12 East, Gila and Salt River Base and Meridian,
Pima County, Arizona.
EXHIBIT "A"
PARTICIPATING PARCEL B
SAGUARO CANYON RANCH
LEGAL DESCRIPTION
ALL THAT PORTION OF SECTIONS 17, 20, AND 29, TOWNSHIP 11 SOUTH, RANGE 13
EAST, GILA AND SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA,
PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL 1
BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 20 THENCE NORTH
00 WEST ALONG THE WEST LINE OF SAID SECTION 20 A DISTANCE OF
806.48 FEET TO A POINT BEING THE TRUE POINT OF BEGINNING.
THENCE NORTH 00 0 02'20" WEST ALONG THE WEST LINE OF SAID SECTION 20 A
DISTANCE OF 1830.53 FEET TO A POINT BEING THE WEST 1 /4 CORNER OF SAID
SECTION 20
THENCE NORTH 00 " EAST ALONG THE WEST LINE OF SAID SECTION 20 A
DISTANCE OF 2637.57 FEET TO A POINT BEING THE NORTHWEST CORNER OF
SAID SECTION 20;
THENCE NORTH 00 0 02'10" EAST ALONG THE WEST LINE OF SAID SECTION 17 A
DISTANCE OF 2640.27 FEET TO A POINT BEING THE WEST 1 /4 CORNER OF SAID
SECTION 17;
THENCE NORTH 00 16" EAST ALONG THE WEST LINE OF SAID SECTION 17 A
DISTANCE OF 1317.72 FEET TO A POINT BEING THE NORTHWEST CORNER OF THE
SOUTHWEST 1 /4 OF THE NORTHWEST 1 /4 OF SAID SECTION 17;
THENCE NORTH 89 EAST ALONG THE NORTH LINE OF THE SOUTHWEST 1 /4
OF THE NORTHWEST 1 /4 OF SAID SECTION 17 A DISTANCE OF 1322.94 FEET TO A
POINT BEING THE NORTHEAST COP.NER OF THE SOUTH W EST i4 OF THE
NORTHWEST 1 /4 OF SAID SECTION 17;
THENCE NORTH 00 0 02'08" EAST ALONG THE WEST LINE OF THE SOUTH 1 /z OF THE
NORTHEAST 1 /4 OF THE NORTHWEST 1 /4 OF SAID SECTION 17 A DIST_NCE OF
659.39 FEET TO A POINT BEING THE NORTHWEST CORNER OF THE SOUTH 1 /2 OF
THE NORTHEAST 1 /4 OF THE NORTHWEST 1 /4 OF SAID SECTION 17;
THENCE NORTH 89 0 42'20" EAST ALONG THE NORTH LINE OF THE SOUTH 1 /20F
THE NORTHEAST 1 /40F THE NORTHWEST %4 OF SAID SECTION 17 A DISTANCE OF
1322.68 FEET TO A POINT ON THE NORTH /SOUTH MIDLINE OF SAID SECTION 17;
THENCE NORTH 00 0 01'01" EAST ALONG THE NORTH /SOUTH MIDLINE OF SAID
SECTION 17 A DISTANCE OF 659.50 FEET TO A POINT BEING THE NORTH 1 /4
CORNER OF SAID SECTION 17;
THENCE NORTH 89 0 43'55" EAST ALONG THE NORTH LINE OF SAID SECTION 17 A
DISTANCE OF 1321.04 FEET TO A POINT BEING THE NORTHEAST CORNER OF THE
WEST 1 /2 OF THE EAST 1 /z OF SAID SECTION 17;
THENCE SOUTH 00 0 02'00" EAST A DISTANCE OF 2636.87 FEET
THENCE NORTH 89 0 43'46" EAST A DISTANCE OF 1323.18 FEET TO A POINT BEING
THE EAST 1 /4 CORNER OF SAID SECTION 17;
THENCE SOUTH 01 °12'31" EAST A DISTANCE OF 1320.14 FEET
THENCE SOUTH 01 EAST A DISTANCE OF 1320.25 FEET TO A POINT BEING
THE SOUTHEAST CORNER OF SAID SECTION 17;
THENCE SOUTH 01 0 08'42" WEST DISTANCE OF 1545.34 FEET;
THENCE NORTH 85 °39'32" EAST A DISTANCE OF 69.43 FEET;
THENCE SOUTH 76 0 20'52" EAST A DISTANCE OF 288.53 FEET
THENCE SOUTH 43 0 50'06" EAST A DISTANCE OF 347.26 FEET;
THENCE NORTH 89 °21'53" WEST A DISTANCE OF 213.63 FEET;
THENCE SOUTH 29 0 41'06" WEST A DISTANCE OF 463.20 FEET;
THENCE NORTH 81 0 36'39" WEST A DISTANCE OF 349.56 FEET;
THENCE SOUTH 5430'47" `w'EST A DIS T AivCE OF 139.31 FEE1;
THENCE SOUTH 14 °32'27" EAST A DISTANCE OF 363.39 FEET
THENCE SOUTH 89 0 42'28" WEST A DISTANCE OF 1126.37 FEET;
THENCE SOUTH 89 °58'32" WEST A DISTANCE OF 137.21 FEET;
THENCE NORTH 11 0 00'00" WEST A DISTANCE OF 266.75 FEET
THENCE NORTH 31 0 59'00" WEST A DISTANCE OF 327.00 FEET
THENCE NORTH 13 0 06'00" WEST A DISTANCE OF 194.00 FEET
THENCE NORTH 44 °56'00" WEST A DISTANCE OF 130.40 FEET;
THENCE NORTH 89 0 45'38" EAST A DISTANCE OF 508.43 FEET;
THENCE NORTH 00 EAST A DISTANCE OF 496.66 FEET;
THENCE SOUTH 89 °48'21" WEST A DISTANCE OF 1339.50 FEET;
THENCE SOUTH 00 0 03'27" WEST A DISTANCE OF 388.45 FEET
THENCE SOUTH 00 0 17'36" EAST A DISTANCE OF 107.65 FEET
THENCE SOUTH 00 °01'25" WEST A DISTANCE OF 824.23 FEET;
THENCE SOUTH 00 °01'34" WEST A DISTANCE OF 330.16 FEET;
THENCE SOUTH 45 0 04'07" WEST A DISTANCE OF 934.76 FEET
THENCE NORTH 00 0 01'25" EAST A DISTANCE OF 329.01 FEET;
THENCE SOUTH 89 WEST A DISTANCE OF 662.38 FEET j
THENCE SOUTH 00 0 00'30" EAST A DISTANCE OF 657.88 FEET
THENCE SOUTH 00 °01'26" WEST A DISTANCE OF 279.76 FEET
THENCE SOUTH 00 0 00'48" EAST A DISTANCE OF 1040.16 FEET TO A POINT ON THE
SOUTH LINE OF SAID SECTION 20;
THENCE SOUTH 89 0 41'40" WEST ALONG THE SOUTH LINE OF SAID SECTION 20 A
D1S 1 AN ,CE OF 2 7 1.6U FEET
;
THENCE NORTH 00 °00'33" WEST A DISTANCE OF 271.02 FEET
THENCE NORTH 89 0 26'20" EAST A DISTANCE OF 79.44 FEET
THENCE NORTH 00 EAST A DISTANCE OF 516.43 FEET;
THENCE SOUTH 89 WEST A DISTANCE OF 858.45 FEET;
THENCE NORTH 00 0 35'03" WEST A DISTANCE OF 20.26 FEET
THENCE SOUTH 89 0 36'49" WEST A DISTANCE OF 280.75 FEET TO THE TRUE POINT
OF BEGINNING.
EXCEPT A PORTION OF THE EAST 1 /z OF THE SOUTHWEST 1 /4 OF SAID SECTION 20,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 20;
THENCE NORTH 89 EAST, 1586.52 FEET TO THE TRUE POINT OF
BEGINNING;
THENCE NORTH 00 0 01'26" EAST, 1643.87 FEET;
THENCE NORTH 89 0 38'32" EAST, 1060.34 FEET;
THENCE SOUTH 00 0 03'52" WEST, 425.49 FEET;
THENCE SOUTH 00 0 00'54" EAST, 1218.91 FEET TO THE SOUTH 1 /4 CORNER OF
SAID SECTION 17;
THENCE SOUTH 89 WEST, 1060.23 FEET TO THE TRUE POINT OF
BEGINNING.
PARCEL 2
BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 29 THENCE SOUTH
89 0 46'45 "WEST A DISTANCE OF 1324.30 FEET TO THE TRUE POINT OF BEGINNING.
THENCE SOUTH 00 °00' 11" EAST ALONG THE EAST LINE OF THE NORTHWEST' /4
OF THE NORTHEAST %4 OF SAID SECTION 29 A DISTANCE OF 659.51 FEET;
THENCE SOUTH 00 0 00'59" EAST ALONG THE EAST LINE OF THE NORTHWEST 1 /4
OF THE NORTHEAST/40F SAID SECTION 29 A DISTANCE OF 660.06 FEET TO A
POINT BEING THE SOUTHEAST CORNER OF THE NORTHWEST 1 /4 OF THE
NORTHEAST 1 /4 OF SAID SECTION 29;
THENCE SOUTH 89 0 42'32" WEST ALONG THE SOUTH LINE OF THE NORTHWEST' /4
OF THE NORTHEAST' /4 OF SAID SECTION 29 A DISTANCE OF 1323.83 FEET TO A
POINT BEING THE SOUTHWEST CORNER OF THE NORTHWEST/ 40F THE
NORTHEAST'' /4 OF SAID SECTION 29;
THENCE SOUTH 00 °01'58" WEST ALONG THE NORTH /SOUTH MIDLINE OF SAID
SECTION 29 A DISTANCE OF 330.16 FEET;
THENCE SOUTH 84 °56'27" WEST A DISTANCE OF 664.48 FEET;
THENCE SOUTH 84 WEST A DISTANCE OF 664.33 FEET TO A POINT ON THE
EAST LINE OF THE WEST %2 OF THE WEST %2 OF SAID SECTION 29;
THENCE SOUTH 00 0 01'27" WEST ALONG THE EAST LINE OF THE WEST %2 OF THE
WEST %2 OF SAID SECTION 29 A DISTANCE OF 879.13 FEET;
THENCE SOUTH 00 0 01'28" EAST ALONG THE EAST LINE OF THE WEST %2 OF THE
WEST %2 OF SAID SECTION 29 A DISTANCE OF 330.09 FEET;
THENCE SOUTH 00 0 02'23" EAST ALONG THE EAST LINE OF THE WEST'' /2 OF THE
WEST %2 OF SAID SECTION 29 A DISTANCE OF 329.86 FEET;
THENCE SOUTH 00 0 00'32" WEST ALONG THE EAST LINE OF THE WEST %2 OF THE
WEST'/ 20F SAID SECTION 29 A DISTANCE OF 660.19 FEET;
THENCE SOUTH 89 0 43'34" WEST ALONG THE SOUTH LINE OF THE NORTHWEST V
OF THE SOUTHWEST/ 40F SAID SECTION 29 A DISTANCE OF 918.93 FEET;
THENCE NORTH 00 0 00'50" WEST A DISTANCE OF 1319.65 FEET;
I
THENCE SOUTH 89 0 40'54" WEST A DISTANCE OF 329.81 FEET TO THE EAST R.O.W.
LINE OF THORNYDALE ROAD;
THENCE NORTH 00 0 00'41" EAST ALONG THE EAST R.O.W. LINE OF THORNYDALE
ROAD A DISTANCE OF 1651.83 FEET;
THENCE NORTH 89 0 42'27" EAST A DISTANCE OF 1248.44 FEET;
THENCE NORTH 00 0 03'02" EAST A DISTANCE OF 330.35 FEET TO A POINT BEING
THE NORTHWEST CORNER OF THE SOUTHWEST' /4 OF THE NORTHEAST' /4 OF THE
NORTHWEST %4 OF SAID SECTION 29;
THENCE NORTH 89 0 41'30" EAST ALONG THE NORTH LINE OF THE SOUTHWEST %4
OF THE NORTHEAST/ 40F THE NORTHWEST'' /4 OF SAID SECTION 29 A DISTANCE
OF 661.89 FEET TO A POINT BEING THE NORTHEAST CORNER OF THE
SOUTHWEST '/4 OF THE NORTIEAST �4 OF THE NORTHWEST '/4 OF SAID SECTION
29;
THENCE NORTH 00 0 00'23" WEST ALONG THE WEST LINE OF THE NORTHEAST' /4
OF THE NORTHEAST/ 40F THE NORTHWEST/ 40F SAID SECTION 29 A DISTANCE
OF 660.51 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 29;
THENCE NORTH 89 0 41'40" EAST ALONG THE NORTH LINE OF SAID SECTION 29 A
DISTANCE OF 661.80 FEET TO THE NORTH ' /4 CORNER OF SAID SECTION 29;
THENCE NORTH 00 0 00'22" EAST ALONG THE WEST LINE OF THE SOUTHWEST ' /4
OF THE SOUTHEAST/ 40F SAID SECTION 20 A DISTANCE OF 723.53 FEET;
THENCE SOUTH 78 °38'45" WEST A DISTANCE OF 675.04 FEET TO THE WEST LINE
OF THE EAST %2 OF THE SOUTHEAST/40F THE SOUTHWEST'' /4 OF SAID SECTION
20;
THENCE NORTH 00 0 00'22" WEST ALONG THE EAST %2 OF THE SOUTHEAST/ 40F
THE SOUTHWEST/ 40F SAID SECTION 20 A DISTANCE OF 723.68 FEET TO A POINT
BEING THE NORTHWEST CORNER OF THE EAST %2 OF THE SOUTHEAST %4 OF THE
SOUTHWEST' /4 OF SAID SECTION 20;
THENCE NORTH 89 0 44'57" EAST ALONG THE NORTH LINE OF THE EAST %2 OF THE
SOUTHEAST %4 OF THE SOUTHWEST' /4 OF SAID SECTION 20 A DISTANCE OF 661.96
FEET TO A POINT BEING THE NORTHEAST CORNER OF THE EAST %2 OF THE
SOUTHEAST'/40F THE SOUTHWEST/40F SAID SECTION 20;
THENCE NORTH 89 °45'39" EAST ALONG THE NORTH LINE OF THE SOUTHWEST'
/4
OF THE SOUTHEAST '/4 OF SAID SECTION 20 A DISTANCE OF 1324.72 FEET TO A
POINT BEING THE NORTHEAST CORNER OF THE SOUTHWEST' /4 OF THE
SOUTHEAST %4 OF SAID SECTION 20;
THENCE SOUTH 00 0 03'46" WEST ALONG THE EAST LINE OF THE SOUTHWEST 1 /4
OF THE SOUTHEAST/ 40F SAID SECTION 20 A DISTANCE OF 1317.63 FEET TO A
POINT BEING THE TRUE POINT OF BEGINNING.
PARCEL 3
BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 20, SAID POINT
BEING THE TRUE POINT OF BEGINNING THENCE SOUTH 89 0 46'45" WEST ALONG
THE SOUTH LINE OF SAID SECTION 20 A DISTANCE OF 331.72 FEET;
THENCE NORTH 00 °05'32" EAST A DISTANCE OF 658.93 FEET
THENCE NORTH 89 °52'51" WEST ALONG THE SOUTH LINE OF THE NORTHEAST 1 /4
OF THE SOUTHEAST 1 /4 OF THE SOUTHEAST 1 /40F SAID SECTION 20 A DISTANCE
OF 331.67 FEET TO A POINT BEING THE SOUTHWEST CORNER OF THE
NORTHEAST 1 /4 OF THE SOUTHEAST 1 /4 OF THE SOUTHEAST 1 /4 OF SAID SECTION
20;
THENCE NORTH 00 °00'57" EAST ALONG THE WEST LINE OF THE NORTHEAST 1 /4
OF THE SOUTHEAST 1 /4 OF THE SOUTHEAST 1 /4 OF SAID SECTION 20 A DISTANCE
OF 656.53 FEET TO A - POINT BEING THE NORTHWEST CORNER OF THE
NORTHEAST 1 /4 OF THE SOUTHEAST 1 /4 OF THE SOUTHEAST 1 /4 OF SAID SECTION
20;
THENCE NORTH 89 0 42'34" EAST ALONG THE NORTH LINE OF THE NORTHEAST 1 /4
OF THE SOUTHEAST 1 /4 OF THE SOUTHEAST 1 /4 OF SAID SECTION 20 A DISTANCE
OF 663.28 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 20;
THENCE SOUTH 00 0 02'56" WEST ALONG THE EAST LINE OF SAID SECTION 20 A
DISTANCE OF 1318.24 FEET TO A POINT BEING THE TRUE POINT OF BEGINNING.
PARCEL 4
A PORTION OF THE SOUTHEAST 1 /4 OF THE NORTHEAST 1 /4 OF THE SOUTHWEST 1 /4
OF SAID SECTION 20, BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHEAST 1 /4 OF THE
SOUTHWEST 1 /4 OF SAID SECTION 20, SAID POINT BEING THE TRUE POINT OF
BEGINNING
THENCE SOUTH 89 0 44'57" WEST, 661.96 FEET TO THE SOUTH WEST CORNER OF
THE SOUTHEAST 1 /4 OF THE NORTHEAST 1 /4 OF THE SOUTHWEST 1 /4 OF SAID
SECTION 20;
THENCE NORTH 00 0 02' 12 "EAST, 329.54 FEET;
THENCE NORTH 45 0 04'07 "EAST, 934.76 FEET
THENCE SOUTH 00 0 00'14" WEST, 987.55 FEET TO THE TRUE POINT OF BEGINNING.
END OF PART ICIPAT ING PARCEL B LEGAL DESCRIPTION
EXHIBIT "A"
PARTICIPATING PARCEL C
FOREST CITY PARCEL
LEGAL DESCRIPTION
Tangerine Crossing, Blocks 1 through 12, inclusive, and Common Areas A, B, and C, as
recorded in Book 49, Page 11, of Maps and Plats, Official Records of Pima County, Arizona.
EXHIBIT "A"
PARTICIPATING PARCEL D
SKY RANCH
LEGAL DESCRIPTION
PARCEL l:
Those parts of Section 6, Township 12 South, Range 13 East, of the Gila and Salt River Base and
Meridian, Pima County, Arizona, described as follows:
The Southeast quarter;
The South half of the Northeast quarter;
The East half of the Southwest quarter
The Southeast quarter of the Northwest quarter
Lots 4, 5, 6 and 7;
Lot 3, EXCEPT the East 600 feet;
The South 30 feet and the East 30 feet of the East 600 feet of Lot 3 and the South 30 feet of Lots
1 and 2 and the West 30 feet of Lot 2;
EXCEPTING THEREFROM the East 30 feet lying within Thorn dale Road as established stabhshed by
Resolution recorded in Docket 1064, Page 205 -208;
AND EXCEPTING THEREFROM the North 50 feet lying within Tangerine Road as shown by
Map on file in Book 7 of Road Maps„ Page 83;
ALSO EXCEPTING THEREFROM any portion lying within Camino de Marana Road No. 220
as shown by Map on file in Book 2 of Road Maps, Page 1; and
F UR T I iER EXCEPTIly G THEREFROivi that portion as set forth in Final Order of
Condemnation recorded June 30, 1994 in Docket 9825, Pa 1165;
COMMENCING at the South quarter corner of said Section 6;
THENCE North 00 degrees 07 minutes 56 seconds West, along the West line of the East half on
the quarter Section line of said Section 6, 660.66 feet to a point;
THENCE North 89 degrees 48 minutes 29 seconds East, 2,609.38 feet to a point 30.00 feet
West of the East line of Section 6;
THENCE North 00 degrees 13 minutes 43 seconds West, 1,979.09 feet along a line parallel to
and being 30.00 feet West of the East line of the Southeast quarter of Section 6;
THENCE North 00 degrees 10 minutes 58 seconds West, 1,348.95 feet along a line parallel to
and being 30.00 feet West of the East line of the Northeast quarter of Section 6;
THENCE South 89 degrees 53 minutes 00 seconds West, 780.00 feet along a line parallel to and
being 30.00 feet North of the South line of Lot 1, to the TRUE POINT OF BEGINNING
THENCE continuing South 89 degrees 53 minutes 00 seconds West, 400.00 feet to a point;
THENCE South 00 degrees 10 minutes 58 seconds East, 600.00 feet to a point;
THENCE North 89 degrees 53 minutes. 00 seconds East, 400.00 feet to a point;
THENCE North 00 degrees 10 minutes 58 seconds West, 600.00 feet to the TRUE POINT OF
BEGINNING.
PARCEL 2:
The West 660 feet of the South 400 feet of Lot 2
Section 6, Township 12 South, Range 13 East,
of the Gila and Salt River Base and Meridian, Pima County, Arizona;
EXCEPT the South 30 feet and the West 30 feet thereof.
PARCEL 3:
All of that portion of the East 600 feet of Lot 3, Section 6, Township 12 South, Range 13 East,
Gila and Salt River Base and Meridian, Pima County, Arizona, Lying Northwesterly and
adjoining the Northwesterly Right of Way of Camino De Marana as recorded in the office of the
Pima County Recorder of Pima County, Arizona in Book 2 of Road Maps, at Pages 1 through 4,
EXCEPTING any portion of said East 600 feet lying in Tangerine Road recorded in the office of
the Pima County Recorder in Book 7 of Road Maps, Page 83.
EXHIBIT "A"
PARTICIPATING PARCEL E
FOOTHILLS /CANYON SHADOWS PARCEL
LEGAL DESCRIPTION
That part of Section 30, Township 11 South, Range 13 East, Gila and Salt River Base and
Meridian, Pima County, Arizona, that is within the Record of Survey recorded in Docket 11924,
Page 107 of Pima County Records.
i
EXHIBIT "A"
PARTICIPATING PARCEL F
MOORE ROAD PARCEL
LEGAL DESCRIPTION
The following portions of Section 26 in Township 11 South, Range 12 East Gila and Salt River
Base & Meridian, Pima County, Arizona, are described as follows:
Parcel A
The west half of the southeast quarter, of the southwest quarter, of the southeast quarter,
excepting the south 75 feet thereof.
Parcel B
The east two hundred and twenty feet of the northwest quarter, of the southwest quarter, of the
southeast quarter.
Parcel C
The west two hundred and twenty feet of the northeast quarter, of the southwest quarter, of the
southeast quarter.
-� Parcel D
The west two hundred and twenty feet of the east four hundred and forty feet of the northeast
quarter, of the southwest quarter, of the southeast quarter.
Parcel E
The east two hundred and five feet of the west four hundred and forty feet of the northwest
quarter, of the southwest quarter, of the southeast quarter.
Parcel F
A portion of Section 26 in Township 11 South, Range 12 East Gila and Salt River Base &
Meridian, Pima County, Arizona, being more particularly described as follows: the west half of
the southwest quarter, of the southwest quarter, of the southeast quarter, excepting the west 30
feet and the south 75 feet thereof.
n ___i n
1 arcei V
A portion of Section 26 in Township 11 South, Range 12 East Gila and Salt River Base &
Meridian, Pima County, Arizona, being more particularly described as follows: the east half of
the southwest quarter, of the southwest quarter, of the southeast quarter, except the south 75
feet thereof.
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` BOULEVARD ® COPYRIGHT OPW & ASSOC. INC. 2003
OPW ENGINEERING, L.L.C.
3
a 7000 B. Teague Verde Road f37
Tbcson, Arizona 85715 OPW JOB NO. 96013 -RES -602 0
PLone (520) 296 -8544
t
TOWN COUNCIL TOWN
MEETING OF
INFORMATION MARANA
DATE: March 18, 2003
AGENDA ITEM: IX. B. 3
TO: Mayor and Council
FROM: Michael C. Hein, Town Manager
SUBJECT: State Legislative Issues Discussion/Direction/Action regarding all pending bills
before the Legislature
DISCUSSION:
This item is scheduled for each regular Council Meeting in order to provide an opportunity to
discuss any legislative item that might arise during the current session of the State Legislature.
Attached are the most recent communicationsfrom the League of Arizona Cities and Towns.
RECOMMENDATION: Upon the request of Council, staff will be pleased to provide recommendations on specific
legislative issues.
SUGGESTED MOTION:
None required.
ADMIN/JCE/03/12/2003
e
1 �
LEGISLATIVE BULLETIN
' Issue No. 7 February 27 2003
4 a, ■ t t
IN THIS ISSUE Attempt to Fast Track Eminent
Attempt to Fast Track Eminent Domain Preemption Defeated in
Domain Preemption Defeated Senate
in Senate .................... 1
Regulatory Takings Bill On Wednesday, an attempt to fast track eminent domain preemption was
Continues to Advance ......... defeated in the Senate. Senator Jim Weiers defeated the issue in the Senate
Referendum Signatures Bill Judiciary Committee by refusing to hear SB 1349 to which a strike- every-
Passes House Committee ....... 2 thing amendment was proposed. The strike - everything amendment would
Park Liability Bill Defeated have replaced the original version of SB 1349, which related to liquor
in Committee .... .............. 2 wholesalers, with completely new language that mirrored the provisions of
HB 2308, which significantly curtails the ability of cities and towns to exer-
Expansion of Phoenix Convention cise their eminent domain authority for redevelopment purposes.
Center and its Positive Impact _.
on State's Economy ............2
If the amendment had been successfullyadded to SB 1349, and the bill had
Another Hurdle for the Property passed; it would have moved next to a full vote before the Senate at which
Tax Levy Process .... ..........3 time the bill could be replaced with HB 2308 and sent to the Governor
County Island Annexation Bill after passing the Senate. This would have significantly hastened the bill's
Passes Two Committees in arrival on the Governor's desk and would have given stakeholders little
One Week ................... 3 time to discuss the bill in the Senate. Senator Weiers stated his reason for
Senator Tibshraeny Defends holding the bill was to allow more time for amendments to be added to
Cities in Senate Republican HB 2308 and for issues to be discussed among stakeholders. Our thanks
Caucus ...... .... ........3 to Senator Weiers for holding SB 1349.
It is Still a Bad Bill, but it No
Longer Affects Cities ...........4 Regulatory Takings Bill Continues
Municipal Court Process Servers to Advance
to the Floor .................. 4
Light Pollution Fading Away ......4 HB 2411, Governmental Takings; Remedies, sponsored by Representative
Marian McClure continues to move through the House of Representatives.
After passing the Federal Mandates and Property Rights Committee last
League of Arizona week, the bill passed with a 5 -1 vote in the Public Institutions and
Counties Committee on Tuesday. The lone vote in opposition came from
freshman Representative Ernest Bustamante.
Cities 11DTowns
The bill sets a new precedent in the area of Arizona property rights protec-
Legislarire Bulletin is published by the League of Arizona tion by providing property owners with compensation from cities and
Cities and Towns. Forward your comments or suggestions to: tow if a local regulatory action results in a devaluation of property
League of Arizona cities and Towns deemed to be 25% or more. In addition to burdening local growth man-
1820 W. Washin street agement efforts and potentially a wide variety of other local government
Phoenix, Arizona 85007 responsibilities with added costs, the bill can not be implemented with
Phone: 602-258-5786
Fax: 602-253-3874 any high level of accuracy. Land appraisals vary widely. Land values fluc-
E- mail:league @mg.state.azus tuate with trends in the economy. Land values are also greatly impacted
Internet: www.azleague.org by development and by the actions of other nearby property owners.
CONTINUED ON PAGE 2
Issue No. 7 February 27, 2003 Page 2 '
Also, local government actions, such as the widening of an park Liability Bill Defeated ,'
adjacent road, can have a short -term negative impact on prop-
erty values during construction followed by a long -term in Committee
increase in property value. It is difficult enough trying to
obtain an irrefutable property appraisal without trying to dis- Reforming the recreational immunity statute to clarify the
sect the impact of a particular regulatory action on a particu- inclusion of urban parks and recreational facilities is apparent -
larproperty's value separate from all of the other factors that ly not meant to be. Once again, the trial attorneys have led a
share in the impact. successful effort to kill the bill. At least this year we were able
to get a committee hearing, maybe this is a small concession,
In addition to going beyond the property rights protections but it is certainly more than we received last year.
provided by the U.S. and Arizona Constitutions, the bill is sim- SB 1333, Education Property Liability was defeated in the Senate
ply bad public policy, which could potentially place a signifi- judiciary Committee by a 3 -6 vote. The three "yes" votes were
cant cost burden on local governments and Arizona taxpayers. backed by very strong comments in support of the bill during the
The bill should be ready for consideration by the full House of hearing. Thank you's need to go out to the Committee Chairman,
Representatives shortly. Please call your members and express Senator Jim Weiers and to former Lake Havasu City Vice Mayor,
your opposition as soon as possible. Senator Linda Binder for their remarks in support of the bill and
for their affirmative votes. Also voting "yes" and deserving of our
Referendum Signatures B i I I appreciation was freshman Senator Thayer Verschoor.
Passes House Committee The sponsor and former Chandler Mayor, Senator Jay
Tibshraeny started the testimony for the bill by providing excel
HB 2436, Municipal Ballot Measures; Required Signatures, lent opening remarks, which were followed by quality testimo-
passed the House Utilities and Municipalities Committee ny from Chandler City Attorney Dennis O'Neill. Despite their
on Wednesday. The legislation gives cities and towns the efforts and city and town attempts to get legislative approval
option of increasing the required number of signatures this measure, it was apparent that the votes had already been
needed for a municipal referendum, by ordinance decided long before the testimony was heard. Thus park liabili-
or charter. ty reform, is once again, a dead legislative issue.
Although the disappointment of this loss is still fresh, we may
Representative Bill Arnold testified in support of the bill, simply have to admit that we need to wait for another major
explaining that as the former Mayor of Goodyear, he had the court decision against us before we try to pursue this bill again.
privilege of being on the League Resolutions Committee Legislative sentiment is just not with us on attempting to limit
and voting to make this item a legislative priority for the city /town liability and the resulting costly losses when it comes
League. He went on to explain that as a Representative, he to park and recreational facilities. In this case, the third time
was pleased to be able to sponsor this legislation on behalf was clearly not the charm!
of cities and towns. Vice Mayor Anne Surra of Apache
Junction spoke in favor of the bill. The Vice Mayor stated Expansion of Phoenix
that it currently only takes 145 people to place a referendum
on the ballot in Apache Junction, which has a population Convention Center and its
of 31,814. Positive Impact on State's
The bill passed the Committee on a 5 -2 vote, with Economy
Representatives Tom Prezelski and Manuel Alvarez voting
"no." The bill moves on to debate and a vote before the full On Wednesday of this week, the House Utilities and
House next. If this is a bill that your city or town supports, Municipalities Committee heard testimony on HB 2515, which
please contact your legislators and ask them to support HB would provide state financing to help fund the expansion of
2436 and explain how this would impact your city or town's the Phoenix Convention Center. The testimony came from a
referendum signature requirements.
CONTINUED ON PAS
Legislative Bulletin is published by The League of Arizona Cities and Towns, 1820 W. Washington Street, Phoenix, AZ 85007.
Phone: (602) 258 -5786. Fax (602) 253 -3874. Email: league @mg.state.az.us. Visit us on the Internet at www.azleague.org.
LEGISL ATIVE Issue No. 7 February 27, 2003 =Page3
M very impressive list of community leaders from business, County Island Annexation
industry, sports, government, banking and every other imag-
inablesegment. Bi Passes Two Committees
in One Week
Their message included not only the positive impact on the
Phoenix and Valley economy but also on the State economy HB 2383 that allows a city or town to annex a county island
as a whole of the planned convention center expansion. of 80 acres or less using the "improvement district" method
Tourism and hotel officials spoke about the impact of being of protesting out rather than requiring the gathering of sig-
able to host larger conventions as well as the spin -off to natures on annexation petitions overcame the obstacle of
other tourism attractions in the State for pre and post con- being assigned to three committees, by passing all three
ference activities. committees in two weeks. As reported in the previous bul-
letin, this legislation passed the House Utilities and
The bill was before the Committee for testimony only and is Municipalities Committee last week on a 6 to 3 vote.
not anticipated to receive action during this session. Our
congratulations to Phoenix for an impressive showing of This week, HB 2383 passed the Public Institutions and
widespread support. Counties Committee on Tuesday by a 6 to 1 vote.
Representative Gary Pierce voted no and Representative
Jennifer Burns did not vote for or against the bill by voting
Another Hurdle for the present. On Thursday, HB 2383 was considered in the House
Property Tax Levy Process Federal Mandates and Property Rights Committee, which
was considered to be the biggest hurdle for the bill because
of its relatively unfavorable stance on the issue'of annexa-
Monday afternoon in Senate Finance Committee, SB 1331 was tion. The bill cleared this hurdle by a 6 to 2 vote.
-� sent to the full Senate for consideration. SB1331 is another
- Oteration of truth in taxation law changes. Peoria City Attorney Steve Kemp provided testimony on the
bill and explained the impacts of county islands on the City
This bill proposes to place a penalty on violation of the truth of Peoria. He spoke to the public safety issues associated
in taxation requirements. The bill would restrict a city or with county islands, including the delayed response time
town to a property tax levy no greater than the year before if from Rural /Metro and Maricopa County Sheriff's Office for
truth in taxation was not followed. these areas and the City's inability to regulate speed limits in
the county islands. The bill was also helped by a favorable
This bill seems to come out of nowhere. There are 72 article by the Arizona Republic Editorial Board, which took a
cities, towns, counties and community college districts position in favor of HB 2383 on Wednesday.
with a primary property tax levy. Over the past three The bill goes to the House Rules Committee next and will
years there have only been 11 violations. Compliance then be ready for consideration before the full House.
with these requirements can be complicated, and we
work with many cities and towns to help them comply. Senator Tibshraeny Defends
These efforts have obviously been successful. One of the
two jurisdictions that was not compliance in 2002, Cities in Senate Republican
missed the correct property tax rate by only 0.0001. This Caucus
bill is obviously trying to fix a problem that does not
exist or trying to do finish carpentry with a five pound State Shared Revenue became an unexpected topic at the end
sledgehammer. of Tuesday's meeting of the Senate Republican Caucus.
During a briefing on the budget negotiations between the
Please contact your Senators and tell them that this bill is Governor and the Leadership, Senator Barbara Leff expressed
trying to smash a mosquito with a bazooka and that they her concerns for state agencies and the budget cuts the
should vote no on SB1331.
CONTINUED ON PAGE 4
Legislative Bulletin is published by The League of Arizona Cities and Towns, 1820 W. Washington Street, Phoenix, AZ 85007.
Phone: (602) 258 -5786. Fax (602) 253 -3874. Email: league @mg.state.az.us. Visit us on the Internet at www azleague.org.
—t
Issue No. 7 February 27, 2003 Page 4 ' 9 k T J 41 :
0 Legislature has imposed on them. Senator Leff then voiced her Municipal Court Process
opinion that while the state agency budgets continue to be cut, the
budgets of the cities and counties seem to remain whole. Senator Servers to the Floor
Leff continued to say that, while realizing no one really wants to
say it, she feels the Legislature needs to look into how State Shared HB 2333, Municipal Court; Process Servers, passed House
Revenue is actually being delivered. Transportation with an amendment restricting unarmed
police aides and traffic investigators to serving process during
At this point, Senator Jay Tibshraeny said that the Legislature court hours and on court premises only. It was already heard
would benefit more from exploring ways to bring up income. in House Utilities and Municipalities (see Bulletin #3) and is
Then, after Senator Harper asking if he was implying that the now ready for floor action.
taking of State Shared Revenues would bring up income, Light Pollution uti on Fa d i n Away
Senator Tibshraeny firmly came to the cities and towns' g g y
defense. Senator Tibshraeny reminded the Caucus that the
budget deficit was not created by the cities and towns of Keeping night skies dark is an issue that the League has been
Arizona, but rather by a downturn of the economy that affects at the table on for a number of years now. This year Senators
everyone. He then reiterated the fact that cities and towns Harry Mitchell and Gabrielle Giffords both introduced legisla-
suffer right along with the state and he would never agree to tion to further this cause. Giffords' SB1218 and Mitchell's
touch State Shared Revenue. SB 1186 have been blended to produce astrike- everything
amendment to SB 1218, which is the product of work by all
With the adjournment of Caucus immediately following this affected parties including Arizona Department of
discussion, Senator Tibshraeny left a strong city and town mes- Administration, Arizona Department of Transportation,
sage in the minds of the Republican Senate Caucus members. International Dark -Sky Association and the League. The bill
We thank him for that and value his local government roots. requires future construction and major renovations of munici-
pal structures in cities over 50,000 to use efficiency standard.,
t is Stl I I a Bead Bill b U t i t in designing and shielded lighting. It does not include street :.:.
lights. These standards also apply to state -owned properties.
No Longer Affects Cities SB 1218 is next expected to be heard in Appropriations.
SB 1341. Court Fines to DPS
We wrote in last week's Bulletin that this was a strange bill
whose true origins were in doubt. As introduced, it would
have dedicated a portion of municipal court and justice of the
peace fines to the Department of Public Safety (DPS) compen-
sation and equipment needs. As we told you last week, it was
not a DPS bill.
The bill was heard in Senate Judiciary this week, and an
amendment was adopted to remove the reference to municipal
courts. As amended, the bill takes $5 million from the fines
collected by justice courts in Maricopa and Pima Counties
directing $3.5 million to compensation for DPS and $1.5 mil-
lion for equipment including less - lethal electro- muscular dis-
ruption weapons, body armor, breath alcohol detection
devices and vehicle video cameras.
Taking cities out does not make it a good bill, but it does
remove it from our radar screen.
0
Legislative Bulletin is published by The League of Arizona Cities and Towns, 1820 W. Washington Street, Phoenix, AZ 85007.
Phone: (602) 258 -5786. Fax (602) 253 -3874. Email: lea- ue @mg.state.az.us. Visit us on the Internet at www.azleague.org.
LEGISLATIVE BULLETIN
Issue No. 8 March 6 2003
Eminent Domain. Preemption Bill
N THIS ISSUE Ready For House Vote
HB 2308, Eminent Domain, was discussed on the House Floor on Wednesday and will
be ready for a vote by the full House on Thursday afternoon. The bill, sponsored by
Eminent Domain Preemption Representative Eddie Farnsworth, would significantly impede the ability of cities and
Bill Ready for House .... � towns to use condemnation for redevelopment purposes.
Among the bill's many onerous provisions are: a ten -year moratorium on condemned
property transfers by municipalities to redevelopers, judicial review of slum and
Regulatory Takings blighted designations, and a five -year time limit to address blighted conditions. The
Legislation Ready for House bill also reverts "redevelopment area" designations back to "slum and blighted."
Floor Vote .... ... 1
Politically, Representative Farnsworth wields considerable clout after being elected
House Majority Leader by his peers. As he has indicated that this issue is one of his
Representative Bill Arnold top legislative priorities, he has worked aggressively to secure enough votes for the
Guides Referendum bill's passage. Many members have expressed that they will vote for the bill but hope
Signatures B i I I Through that the Senate will take action to scale back or eliminate some of the bill's provisions.
House Floor Debate ....... 2
Several other members took a much stronger stance in support of cities and towns
and told members during the Floor discussion that they would vote against the bill in
Design -Build Bill Moves defense of local control. Voicing their support for cities and towns on the Floor of the
Through House ............2 House were Representatives Bill Arnold, Linda Lopez, Meg Burton Cahill, Robert
Meza, and John Nelson. Please thank them for their support.
Thank You The bill is now likely to pass the House, possibly as early as Thursday afternoon. The
Senator Giffords! ......... 2 bill has a good chance of passing the Senate as well. However, our supporters in the
--- - Senate stand a much better chance of amending the bill. Please contact your Senators
and House members to express your concerns about the bill and the need to utilize
eminent domain as a redevelopment tool in your community.
League of Arizona Regulatory Takings Legislation
Ready For House Floor Vote
C i r Lies ANDTowns Hypocrisy ruled the day when House members debated the provisions of HB 2411,
Governmental Takings; Remedies on Wednesday afternoon. The bill, sponsored by
Legislative Bulletin is published by the League of Arizona Representative Marian McClure, requires cities, towns and counties to compensate
Cities and Towns. Forward your comments or suggestions to:
property owners for regulatory actions that result in property being devalued by 25%.
League of Arizona Cities and Towns
1820 W. Washington Street Representative Linda Lopez offered an amendment to make the State subject to the
Phoenix, Arizona 85007
Phone: 602- 258 -5786 compensation requirements as well. Representative Steve Huffman remarked that the
Fax: 602 -253 -3874 Senate is currently considering an amendment to SB 1168 that would penalize cities
E -mail: league@mg state.azus and towns for allowing development in the vicinity of military bases yet HB 2411
Internet: wtti+nv.azleague.org
penalizes cities and towns if they restrict development! Apparently, we are dammed if
we do and dammed if we don't. CONTINUED ON PAGE 2
Issue No. 8 March b, 2003 Page 2 '
Unfortunately, few other members expressed any shared concerns for collecting signatures would be too short to collect the increased
ith Representatives Lopez and Huffman to "get off our backs" on number of signatures. To address those concerns, Representative
property rights. Representative Pete Hershberger was an exception Arnold offered an amendment that places a population cap on the bill
and also needs credit for standing up on our behalf. limiting it to cities and towns under 100,000 and allows for a 15 -day
extension for organizations seeking referendums in cities and towns
While sympathies for cities and towns were not highly visible in
using the increased signature requirement. Without this amendment,
the debate, the notion that the State should not be treated any dif-
the bill would have had little chance to pass during floor debate:
ferently on takings issues than local governments initially received
support and the Lopez amendment was successfully voted on to The bill is expected to receive a final vote in the House late Thursday.
the bill. However, hypocrisy won out in the end as a motion to Thanks to Representative Arnold for his continued advocacy on behalf
reconsider the amendment was considered and a vote to remove of cities and towns at the Legislature. Additional thanks to cities and
the amendment was successful. towns that contacted their representatives in support of HB 2436.
Apparently, according to many House members, a property owner Design-Build Bill Moves
is entitled to compensation if a local government takes action that
results in a loss of property value but not when the State does it. Through House
The bill is ready for a final vote in the House, which could occur as
early as Thursday afternoon. Passage is likely which will move the After a unanimous vote in the Senate, SB 1236, Public Horizontal
bill over to the Senate. Construction Projects, successfully passed through the House
Government and Retirement Committee without a hitch, receiving
This bill would facilitate a radical change in regulatory takings law a 12 -0 vote.
that would subject local governments to a wide array of new law -
suits and court costs in addition to hampering the ability of cities The legislation will expand the ability of cities and towns to use vari-
and towns to take actions on behalf of the public, especially in the ous finance tools including Design - Build, Construction- Manager -at-
area of land planning, including the designation of overlay zones. Risk, and A +B Bidding for street projects. Use of these tools has dra-
Please contact your legislators and tell them to oppose this bill! matically lowered project costs and accelerated their completion.
Senator Jay Tibshraeny made the trek from the Senate over to the
if
'* Representative Bill Arnold House to test in support of the bill. His remarks read
p Y PP greatly con-
Guides Referendum tributed to the smooth sailing that the bill received in committee.
The bill now moves on for consideration in the House Commerce
Signatures Bill Through and Military Affairs Committee.
House Floor Debate Thank You Senator Giffords!
Former Goodyear Mayor and League Executive Committee mem-
ber Representative Bill Arnold successfully debated in favor of HB During a Senate Democrat Caucus discussion regarding SB 1331:
2436, Municipal Ballot Measures; Required Signatures, on the Truth in Taxation, Senator, Gabrielle Giffords_spoke on behalf of cities__._
House floor on Wednesday. His statements in favor of HB 2436 and towns opposing this legislation which some of her colleagues
resulted in the bill being recommended to move forward for a final supported. The bill prohibits a municipality from increasing its' pri-
vote in the House of Representatives. mary property tax levy above the previous years limit if the notice
and hearing currently required in statute by the Truth in Taxation
HB 2436, as originally drafted, is the League resolution that would laws is not complied with prior to the adoption of the their budget.
enable cities and towns to increase the number of signatures
Last year 27 municipalities were required to hold this hearing and
required to place a referendum on the ballot from 10% of those
two failed to do so. The proposed penalty would freeze taxing
who voted in the most recent city or town election to 10% of the
authority possibly disrupting city services or programs. As pro-
qualified voters in a city or town.
posed by the bill the punishment clearly does not fit the crime.
Opponents of the bill had voiced concerns that the new number of This is a very serious penalty for what is typically a simple unin-
required signatures would be too difficult to obtain in larger cities and tentional noncompliance error. We thank Senator Giffords for her
towns and would make it impracticable to get'a referendum on the bal- support. Please place a call to your Senator requesting that they
lot. The bill also generated concerns that the current 30 -day window oppose this bill.
Legislative Bulletin is published by The League of Arizona Cities and Towns, 1820 W. Washington Street, Phoenix, AZ 85007.
Phone: (602) 258 -5786. Fax (602) 253 -3874. Email: leagueCmg.state.az.us. Visit us on the Internet at www.azleague.org.
C ompl y ing 1. s Public Service Ethics La
This special half -day training workshop will help municipal leaders — elected, appointed and
hired — to comply with Arizona's Public Service Ethics Laws that govern their action regarding:
The Public's Information
Arizona's Open Meeting Law, Public Records Laws, and Confidentiality Laws
The Public's Rights
No Conflicts of Interest, No Bribery or Extra Compensation, No Inappropriate Gifts, No Nepotism, No
Discrimination or Favoritism
40 The Public's Resources
Public Monies, Public Personnel, Public Property
WHO: Tim Delaney, Founder of The Center for Leadership, Ethics & Public Service;
former Chief Deputy Attorney General and Solicitor General of Arizona;
former Chair of the Open Meeting Law Enforcement Team
WHEN: Friday, March 21, 2003 from 9:00 a.m. to 12 Noon
WHERE: League of Arizona Cities and Towns
1820 West Washington Street, Phoenix
COST: $45 per person, for workshop, course materials, and continental breakfast
Mail registration and payment to:
Deadline 00
League of Arizona Cities &Towns cancellations must be received in writing prior to March 14. Space is
1820 West Washington Street limited, so be sure to register as quickly as possible do not
Phoenix, AZ 85007 ou on ' pro gram.
Fax: (602) 253 -3874
Name:
Nickname or name for name tag:
Title:
City/Town /Agency:
Address:
City: Zip:
League of Aar ona
_� � FOR OFFICE USE ONLY
Pleas make checks payable to
1 ns Date received
League o o o C t IeS AKD 1 �l�J Tow
Amount Paid mail to ' 1820 W. Washington Street Check No.
' " Was Phoenix, AZ 85007
Pho enix , 85007 i Email: league @mgstate.az.us Receipt No.
%Veb: %%w",.azleague.org
TOWN COUNCIL TOWN
MEETING OF
INFORMATION MARANA
DATE: March 18, 2003
AGENDA ITEM: IX. B. 1
TO: Mayor and Council
FROM: James R. DeGrood, P.E., Development Services Administrator
SUBJECT: Supplemental Materials for Council Consideration:
Ordinance No. 2003.04, Amendment to Title 3, Section 03.03, Definitions, "Building
Heights"
DISCUSSION: This item was originally scheduled for the February 18, 2003 agenda, and was
continued to the March 18 meeting to allow for additional dialogue with the
building community regarding the reasons for this request, as well as to give an
opportunity for the Town to give feedback to the builders regarding their
homebuilding product concerns.
A series of "Builder Forums" were conducted to discuss these issues. Participants in
the forums included representatives from KB Home, Sivage Thomas Homes,
Monterey Homes and Forest City Southwest, in addition to two members of Council.
At the first forum meeting, general points of concern raised were the need for
additional height to allow for efficient, economical and attractive 2 story homes
which the builders felt would be desired in the marketplace, the lack of diversity of
available product within Marana, especially a move -up product which would be
attractive to existing Continental Ranch residents, and a general concern about the
design standards for new residential communities.
At the second forum a staff survey of available housing product was presented that
showed a lack of product available in the community that was roughly defined as
housing with pricing between $200,000 and $350,000. This was felt to be a
significant gap by the Councilmembers present, and has been identified as a reason
valued members of the community have left Marana for other communities. The
$350,000 home and above was felt to be available within town through custom and
semi - custom homes on lots larger than '/2 acre. Representatives of the mechanical
and roofing trades also presented information regarding the advantages and
disadvantages to various roof slopes, and how that related to the overall height of
building. The forum ended with a discussion about the need for marketing input on
why there was an absence of product in Marana at the $200,000 to $350,000 range,
and about some general process related methods of creating an opportunity to build a
2 story product within the existing residential zoning districts in Marana.
The third builder forum was lightly attended, with the only builder represented being
KB Home. Staff presented marketing information obtained from Bright Future
PW /JRD /DMH/12/14/99
Building Consultants regarding the variety and availability of new housing products
in the $200,000 to $350,000 range (model base prices). The marketing information
showed that there was a large variety of product available in the Northwest Tucson
Metro area, but only 3 builders had product in the range within Marana; the highest
priced base home in Marana had a cost of less than $215,000. While it has been
noted by the builders that new product will be arriving on the market in that range
shortly, even this newer product will remain in the lower third of the range.
When considering the proposed building height change, there is a definite concern
of staff regarding the current method of measurement of building height with respect
to the definition o f "lowest point o f grade abutting the building ". This is highly
variable due to site grading concerns, even on an engineered pad in a mass graded
subdivision. As we ordinarily approve "model plans" for builders to produce from
in a subdivision, measuring the building height from the floor elevation, and then
limiting the amount of height the floor can be raised relative to the surrounding
ground is far preferable to the current definition.
Staff acknowledges that there may be reason to allow building heights to exceed the
current limit of 25 feet. Currently, a builder would need to rezone a residential
zoned property to a multi - family district in order to be able to construct a structure
taller than 25' by right. The ramifications of this may produce undesirable densities
in communities which are conferred multifamily zoning solely to allow for higher
building heights. Conversely, staff finds that simply raising the height allowed in
the residential districts may also have unintended negative consequences.
Staff recommends that an allowance for increased heights be addressed on a project
by project basis, based upon the projects design merits. Items that should properly
be r eviewed i n s uch a r equest i nclude v iewshed i mpacts t o o ffsite properties, the
layout of the subdivision, the design of the structures themselves, as well as the
relative massing of high building elements, both within the project and along the
project's perimeter.
RECOMMENDATION Staff recommends measuring the building height from the finished floor
elevation (with a grading limitation), and establishing a review process to
allow future subdivisions to exceed the 25' height limitation, prior to plat
approval. Staff further recommends that any requests to exceed the
maximum height in existing subdivisions be brought before council for
consideration on a case by case basis.
SUGGESTED I move to approve Ordinance No. 2003.04. I further move that we direct staff
MOTION: to prepare a potential "Building Height Increase Option ", to be added to
residential zoning classifications, whereby requests for building heights that
exceed the maximum allowable height per the code be brought to the Council
as a Council Action Item prior to consideration of the Preliminary Plat, and
that any requests for building height increases for existing platted
subdivisions be brought forward as Council Action Items.
PW /JRD/DMH/12 /14/99
MARANA ORDINANCE NO. 2003.04
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA,
ARIZONA, AMENDING TITLE 3, SECTION 03.02, DEFINITIONS, ` BUILDING HEIGHT ", OF
THE MARANA LAND DEVELOPMENT CODE TO REVISE THE DEFE141TION OF `BUILDING
HEIGHT ", AND REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE
TOWN OF MARANA IN CONFLICT THEREWITH.
WHEREAS, on May 14, 1984, the Town Council of the Town of Marana adopted, by
Ordinance Number 84.04, a Land Development Code (the "Code ") for the Town of Marana and has
amended the Code from time to time; and
WHEREAS, the Code contains Title 3, Definitions, which provides for the definition of
Building Height; and
WHEREAS, within Title 5 the definition of Building Height is codified at Section 03.02,
and;
WHEREAS, that definition describes Building Height as follows:
"The vertical distance between the lowest point of grade abutting the building to the highest
point of the building, excluding chimneys, vents and antennae. ", and;
WHEREAS, staff has determined that conflict exists between the Marana Land
Development Code and the International Residential Code with respect to the definition of
Building Height, and;
WHEREAS, the Marana Planning Commission held a public hearing on this request to
amend the Code on January 22, 2003, and its members voted to recommend approval o f the
proposed amendment to the Town Council by a vote of 5 -1, with Commissioner Flayer dissenting; as
follows:
a. "The vertical distance between the level of the average finished grade and:
1) The highest point of the parapet of a flat roof, or
2) The deckline of a mansard roof, or
3) The mean average point between the eaves and ridge of the highest gable, hip,
gambrel or other such roof element; provided, that the ridge line of the roof
shall not exceed four feet above the maximum permitted building height of the
zone;
b. The height of a stepped or terraced building shall be the maximum of
Marana Ordinance No. 2003.XX
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any segment of such building, as measured from the average finished grade of
that building segment;
C. This definition does not apply to steeples, spires, towers, and other design features
that project from the roof, providing the aggregate area of the design features do
not exceed ten percent of the roof area. ", and;
WHEREAS, the Town Council of the Town of Marana held and continued a public hearing
on this request to amend Title 3 on February 18, 2003, to obtain further input from town staff, and
the public on the proposed amendment to the Code.
WHEREAS, the Town Council of the Town of Marana held a continued a public hearing on
this request to amend Title 3 on March 18, 2003, to obtain further input from town staff, and the
public on the proposed amendment to the Code, and finds that following revised amendment is in the
best interests of the Town and its residents.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana,
Arizona, as follows:
Section l: That certain document entitled "LAND DEVELOPMENT CODE ", three
copies of which are on file in the office of the Town Clerk, is hereby amended as
recommended by the Planning and Zoning Commission, as follows:
Section 03.02 Definitions "B"
Building Height:
The vertical distance between the finished floor elevation and the highest point of the
building, excluding chimneys, vents and antennae, provided the finished floor elevation is
no higher than 2' above any adjacent grade within 4' of the building.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this
18th day of March, 2003.
ATTEST: Mayor BOBBY SUTTON, JR.
Jocelyn C. Entz
Town Clerk
Marana Ordinance No. 2003.XX
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APPROVED AS TO FORM:
Daniel J. Hochuh
As Town Attorney and not personally
Marana Ordinance No. 2003.XX
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The following represents highlights of Planning Department Activity during February: .
New Projects: The following new projects have been submitted for review:
Gladden Farms, Block 12 Preliminary Plat
Sivage Thomas Homes, represented by The WLB Group, Inc., has submitted the
Preliminary Plat for Gladden Farms Block # 12, Lots 1 thru 104. This subdivision
represents the second plat submittal within the previously approved Gladden Farms
Block Plat. The project is located in a portion of the East 1 /z of Section 34, Township 11
South, Range 11 East and lies approximately 1,100 feet south of Moore Road on the East
side of Lon Adams Road. The plat consists of 104 single family residential lots on 28.85
acres. The minimum lot size within this subdivision is 7,000 square feet. The project
density is 3.60 residences per acre. Approximately 3.61 acres of the project site will
remain as open space (public and private drainage ways, common areas, etc). Access to
the subdivision will be provided from two locations off Lon Adams Road, a new
collector roadway. The project will include 1.02 miles of new public streets. Upon
completion of the staff's review, this Preliminary Plat will be considered by the Planning
Commission and Town Council.
The Preserve at Dove Mountain Preliminary Plat
Cottonwood Properties, represented by OPW Engineering, L.L.C., has submitted the
Preliminary Plat for The Preserve at Dove Mountain, Lots 1 -467 and Parcels "A" and
"B ". The project site was recently the subject of an amendment to the Dove Mountain •
Specific Plan which brought the property into the Specific Plan area. The project site is
located adjacent to and north of Tangerine Road and east of Dove Mountain Boulevard in
Section 36, Township I I South, Range 12 East. The plat consists of 467 single family
residential lots and two Mixed Use Commercial parcels on 610.61 acres. The overall
residential density of the project is approximately 1. 17 residences per acre.
Approximately 423 acres of the project site will remain as natural open space. Access to
the subdivision will be provided from Dove Mountain Boulevard and Camino De Oeste.
The Preserve includes 3.9 miles of new private streets. Upon completion of the staff's
review, this Preliminary Plat will be approved administratively in accordance with the
provisions of the Dove Mountain Specific Plan.
WAM Enterprises at Continental Ranch Retail Center Development Plan
WAM Enterprises (Walter Miller), represented by The WLB Group, Inc, has submitted
the Development Plan for commercial/retail shop space on Lots 4 and 5 of the
Continental Ranch Retail Center. The project is located within the Continental Ranch
Specific Plan area and lies between the easterly side of Cortaro Road and the Wal -Mart
loop road, north of Arizona Pavilions Drive in a portion of Section 26, Township 12
South, Range 12 East. The project consists of two separate buildings for future retail
space (11,200 sq.ft and 7,680 sq.ft), together with 96 on -site parking spaces and
landscaping, on a 1.84 acre site. Access to this project will be provided by driveways off
of the Wal -Mart loop road and internalized roadways in the Continental Ranch Retail
Center. Upon completion of the staff's review, this Development Plan will be considered
by the Planning Commission.
A public hearing before the Planning Commission was held on January 22, 2003 to
consider a requested amendment to Section 3.02, DEFINITIONS, "Building Height" of •
the Marana Land Development Code to change the definition of building height to create
a consistent, uniform and more definitive definition, similar to that of the Pima County
Zoning Code and that of other communities. The Planning Commission is forwarding a
recommendation to the Town Council for approval. Council consideration is pending.
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