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HomeMy WebLinkAboutCouncil Agenda Packet (Full) 06/17/2003 TOWN OF MARANA, ARIZONA COUNCIL MEETING AGENDA • 13251 N. Lon Adams Road June 17, 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 month at 7:00 p.m. at the Marana Town Hall, although the date or time may change, or Special Meetings may be called at other times and /or places. Contact Town Hall or watch for posted agendas for other meetings. This agenda may be revised up to twenty -four hours prior to the meeting. In such a case a new agenda will be posted in place of this agenda. If you are interested in speaking to the Council during Petitions and Comments, Public Hearings, or other agenda items, you must fill out a speaker card (at the rear of the Council Chambers) and deliver it to the Clerk in advance of the agenda item you wish to address. It is up to the Mayor and Council whether individuals will be allowed to address the Council on issues other than Announcements, Petitions & Comments, and Public Hearings. All persons attending the Council Meeting, whether speaking to the Council or not, are expected to observe the Council Rules, as well as the rules of politeness, propriety, decorum and good conduct; Any person interfering with the meeting in any way, or acting rudely or loudly will be removed from the meeting and will not be allowed to return. To better serve the citizens of Marana and others attending our meetings, the Council Chamber is wheelchair and handicapped accessible. Any person who, by reason of any disability, is in need of special services as a result of their disability, such as assistive listening devices, agenda materials printed in Braille or Iarge print, a signer for the hearing impaired, etc., will be accommodated. Such special services are available upon prior request, at least ten (10) working days prior to the Council Meeting. For a copy of this agenda or questions about the Council Meetings, special services, or procedures, please contact Jocelyn C. Bronson, Town Clerk, at 682 -3401, Monday through Friday from 8.00 a.m. to 5 :00 p.m. ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA.. Amended agenda items appear in italics. Posted by June 13, 2003 by 7:00 o'clock p.m., at the Marana Town Hall, Marana. Police Department, Marana Development Services Center. ❑ • — 1 TOWN OF MARANA, ARIZONA COUNCIL MEETING AGENDA 13251 N. Lon Adams Road June 17, 2003 - 7 :00 p.m. I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. INVOCATIONIMOMENT OF SILENCE IV. ROLL CALL V. APPROVAL OF AGENDA VI. ACCEPTANCE OF MINUTES Minutes of the June 3, 2003 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 Public, individual members of the Council may respond to criticism made by those who have addressed the Council, may ask staff to review the matter, or may ask that the matter be placed on a future agenda. VIII. STAFF REPORTS IX. GENERAL ORDER OF BUSINESS A. CONSENT AGENDA The consent agenda contains agenda items requiring action by the Council which are generally routine items not requiring council discussion. A single motion will approve all items on the consent agenda, including any resolutions or ordinances. A Council Member may remove any issue from the consent agenda, and that issue will be discussed and voted upon separately, immediately following the consent agenda.. 1. Resolution No. 2003 -64 Authorizing the Town to enter into the Arizona Public Entity NCFE Loss Recovery Intergovernmental Agreement (Roy Cuaron) 2. Resolution No. 2003 -52 — Releasing the Assurance Agreement for Villages at Redhawk Phase 2B, Trust No. 30,130, for Lots 182 -234 and Acceptance of Public Improvements for Maintenance (Farhad Moghimi) • 3. Resolution No. 2003 -54 — Releasing the Assurance Agreement for Villages at Redhawk Phase 1C, Trust No. 7825 —T, for Lots 144 and Acceptance of Public Improvements for Maintenance (Farhad Moghimi) 2 TOWN OF MARANA, ARIZONA COUNCIL MEETING AGENDA • 13251 N. Lon Adams Road June 17, 2003 - 7:00 p.m. 4. Resolution No. 2003 -50: Building Height Exception Request The PIanning Center, representing KB Homes, is requesting Council approval of an exception to the Building Height regulation which limits building heights to 25' in the R -6 zoning district, within the Hartman Vistas subdivision. The project is located at the southwest corner of Linda Vista Boulevard and Hartman Lane (Joel Shapiro) B. COUNCIL ACTION 1. Council Update on 4` of July celebration (Ron Smith) 2. Public Hearing on the Saguaro Ranch South Annexation — Consideration of the Town of Marana's desire to annex approximately 131 acres adjacent to the Town of Marana's border in portions of Sections 20 and 29, T1 IS, R13E. The parcels within this annexation area are on the east side of the Tortolita Mountains and north of Tangerine Road (Dick Gear) 3. Public Hearine on the Saguaro Ranch North Annexation -- Consideration of the Town of Marana's desire to annex approximately 461 acres adjacent to the Town of Marana's border in portions of Sections 17 and 20, T1 IS, R13E. The parcels within this annexation area are on the east side of the Tortolita Mountains and north of Tangerine Road (Dick Gear) 4. Resolution No. 2003 -65 Approving the Pre - Annexation and Development Agreement between the Town of Marana and Saguaro Ranch (Jaret Barr) 5. Adoption of the Fiscal 2004 Tentative Budget (Roy Cuaron) 6. Executive Session Pursuant to A.R.S. 38- 431.03 (A)(1), to conduct interviews with applicants for the Planning and Zoning Commission and for the Board of Adjustment (Dan Hochuli) C. MAYOR AND COUNCIL'S REPORT D. MANAGERS' REPORT X. UPCOMING EVENTS XI. FUTURE AGENDA ITEMS XH- ADJOURNMENT Bobby Sutton, Jr., Mayor 3 v � r ,' " � � ����./ /ieFy H�ihiic' ✓ix�r i a �� r ,r � r. . erc "z .. ,.%sue :'u�,a� -v. , r.„r�",'A�i .,vsid%a � �iaL„ �.t� ll,� V � V U.,: ,l k ;��� �.� ...a.a`�.. ,,.,,;✓✓/'i _,a >,' � N ' „i. PLACE AND DATE Marana Town Hall, June 6, 2003 I. CALL TO ORDER By Mayor Sutton at 7:03 p.m. II. PLEDGE OF ALLEGIANCE Led by Mayor Sutton III. INVOCATIOWMOMENT OF SILENCE A moment of silence was observed. IV. ROLL CALL COUNCIL Bobby Sutton, Jr. Mayor Present Herb Kai Vice Mayor Present Jim Blake Council Member Excused Patti Comerford Council Member Present Tim Escobedo Council Member Present Ed Honea Council Member Present Carol McGorray Council Member Present STAFF Michael Hein Town Manager Present Michael Reuwsaat Assistant Town Manager Present Dan Hochuli Town Attorney Present Jocelyn Bronson Town Clerk Present Jim DeGrood Development Services Administrator 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 changes was unanimously approved. The changes were that Consent Agenda Items A. 3. Resolution No. 2003 -52, A. 4. Resolution No. 2003 -54, and A. 7. Resolution No. 2003 -50 were pulled from the agenda and continued until a later date. 1 • VI. ACCEPTANCE OF MINUTES Upon motion by Council Member McGorray, seconded by Council Member Honea, the minutes of the May 22, 2003 regular Council meeting were approved 4/0 with two abstentions. Vice Mayor Kai and Council Member Comerford did not participate in this vote as they were both absent from the May 22, 2003 Town Council meeting. VII. CALL TO THE PUBLIC/ANNOUNCEMENTS Mayor Sutton announced that Council Member Blake had been released from Northwest Hospital and was continuing to recover at home. Ron Smith, Director of Parks & Recreation, introduced the Marana High School softball coach, John Stagmeir, who had taken the MHS girls ball club to the State playoffs for the first time in 10 years and to a win in the regional playoffs for the first time in 15 years. Mr. Smith commented that one of biggest reasons for the students' success was the time and dedication that Coach John Stagmeir has given to community youth. Mayor Sutton read a letter of commendation to the Coach from the Governor's Council on Health, Physical Fitness, and Sports and presented Mr. Stagmeir with the Mayor's Physical Activity Leadership Award for his outstanding contribution to promoting physical activity and wellness in the Town of Marana. Coach Stagmeir thanked the Council and Mayor and said that he was truly blessed to have the opportunity to teach such a fine youth ball club. He thanked the Town and the Parks and Recreation department for their assistance in obtaining grant funding to help the girls' softball team. Ed Stolmaker, Executive Director of the Marana Chamber of Commerce, introduced himself to the Council and public. He said that he was looking forward to working with the Town and the community during this exciting time of growth in the community. VIII. STAFF REPORTS There were no questions regarding the staff reports. 2 t +' xz ✓,� � � � ,�, y/r � z /l' �i` �%/�ii/�/ �,;✓1r;�� f.6✓��'�, r K i i /��Q /� / //�, 9�� � � f '� r , ^C , , ,,.< , . �,. «..�sa,�,`ya„', .z;Y``a„ �� ,. ✓c�.��_ e_„ s�. . � �� ,w«,,,.i. ,�i�� ii,F,�� /v% i `:;,ou /i /.,,, �,��.✓�, .W,. �q / /a....., �xa� . ��„'w�.�✓�.ralGfGi� i_,,.3� .. , „.. <, IX. GENERAL ORDER OF BUSINESS A. CONSENT AGENDA 1. Resolution No. 2003 -27 Approval of Development Agreement - First Amendment - Trail Reduction between the Town of Marana and Marana Golf, Inc. to complete a trail and golf course along the Santa Cruz River (Mike Reuwsaat) 2. Resolution No. 2003 -60 Request by Marana Police Department for Renewal of Undercover Vehicle Registrations (Richard Vidaurri) 5. Resolution No. 2003 -55 Releasing the Assurance Agreement for Continental Ranch Sunflower Phase VI, Trust No. 7975 -T, for Lots 845- 967 and Acceptance of Public Improvements for Maintenance (Farhad Moghimi) 6. Resolution No. 2003 -58 Acceptance of Drainageway #2 of Continental Ranch for Maintenance (Farhad Moghimi) 8. Resolution No. 2003 -59 A PP ointment to the Town of Marana Business Advisory Committee (BAC) (Roy Cuaron) 9. Resolution No. 2003 -62 Intergovernmental Agreement (IGA) with the City of Tucson for groundwater modeling on the Santa Cruz River for the Tres Rios del Norte project (Brad DeSpain) 10. Resolution No. 2003 -57 Approval of Water Development Agreement between Town of Marana and Flowing Wells Irrigation District for the development of additional infrastructure facilities to benefit both entities. (Brad DeSpain) Upon motion by Council Member Escobedo, seconded by Council Member McGorray, the consent agenda as amended was unanimously approved. • _ 3 „✓�% / ' ti+ ,�,. � ..^ .5' � :fi "�` �i>���✓ � . 3 � r � �� ! 5/ ���� �� ,✓ � ���� 3.�,a 2 � - - bid � ,O ��1` / / � B. COUNCIL ACTION 1. PUBLIC HEARING Ordinance No. 2003.11 - The Estate Lots at Tortolita Preserve Specific Plan Request to rezone approximately 72.6 acres of mostly vacant land from "AG" (Agricultural) to Zone "F" (Specific Plan); creating The Estate Lots at Tortolita Preserve Specific Plan. The subject property is located at the northeast corner of Moore Road and Wild Burro Road, within Section 26, Township 11 South, Range 12 East (Joel Shapiro) Mayor Sutton opened and closed the public hearing. There were no speakers from the public. Jim DeGrood spoke before the Council regarding this item. He said that this request would basically take the property and convert it from agricultural zoning to specific plan zoning designations. He remarked that there would be approximately 25 site -built homes seated on 2.5 acre lots with minimal site disturbance. He reported that 19 conditions were • included in the ordinance and these conditions included a $1,400 per lot contribution for park sites, a $2,500 per unit off -site roadway contribution, and a $1,200 per home school contribution. Upon motion by Council Member Honea, seconded by Vice Mayor Kai, Ordinance No. 2003.11 was unanimously approved. 2. Resolution No. 2003 -61 A Resolution of the Mayor and Council of the Town of Marana, Arizona, authorizing the approval and execution of a Development Agreement between the Town of Marana and FCD Marana Venture I, L.L.C., for the development of property by FCD Marana Venture I, L.L.C. (Mike Reuwsaat) Mike Reuwsaat presented this item before Council. He explained that the property, known as Vanderbilt Farms inclusive of the property known as Farm Field Five and a portion of the Rancho Marana Specific Plan, would be developed in phases beginning with Farm Field Five. He reported that the Town would be the water provider and that the Grandfathered Water Rights would be transferred to the Town. He said that substantial roadway improvements would include landscaping along Moore Road, construction of the extension of Lon Adams Road, construction of the . extension of Civic Center Drive, and the construction of the extension of Vanderbilt Farms Boulevard through the property. - 4 ,, r //����'s,_,,,_..,, d ��� - _ ..,,✓ .,.�, �af����6,�� /r i %v, / /.l�a�.s� !�.'/i ir.,i � /r,,,s „. He continued by listing the impact fees associated with this project. The fees included $1,000 per residential unit for recreational improvements, $1,200 per residential unit for school property and /or equipment, and $500 per acre for Bank Protection. Council Member Honea commended Mike Carlier and said that this project would benefit the community. Upon motion by Council Member Honea, seconded by Vice Mayor Kai, Resolution No. 2003 -61 was unanimously approved. 3. Discussion/Direction Request for Council approval of Airport Minimum Standards (Dick Gear) Mike Reuwsaat presented this item to Council. He said that, as an integral part of airport management, each government sponsor was required to formulate the minimum standards under which the airport would operate. He reported that the Towns new Airport Manager, Charlie Mangum, had past experience working with airport minim standards and had modified a draft version of standards to fit the Marana Northwest Regional Airport needs. A copy of this document, Marana Northwest Regional Airport Minimum Standard Requirements for Airport Aeronautical Services, is available for public review in the Town Clerk's office. Upon motion by Council Member McGorray, seconded by Council Member Escobedo, the Airport Minimum Standards were unanimously approved. 4. DiscussionVDirection Request for Council approval of new Master Airport Ground Lease Form (Dick Gear) Mr. Reuwsaat spoke before Council regarding this item and said that he was very comfortable with the boiler -plate lease agreement that was being presented at this meeting. He said that the single lease form would eliminate the inconsistencies among the various lessees at the airport. Upon motion by Council Member Escobedo, seconded by Council Member McGorray, the new Master Airport Lease form was unanimously approved. 5 � ��= �� ";yam , � �TEB~�0�� G►UL / AR �U�IiNCIL MEETIN� �F F� � � ��r �; 5. Discussion/Direction Request for Council approval of a Memorandum of Understanding. (Dick Gear) Mr. Reuwsaat continued the airport documentation presentation before Council and said that this agenda item was a memorandum of understanding (MOU) between the Town and Gary Abrams. He said that the MOU would achieve two objectives: it would eliminate some of the concerns that the airport had possibly violated some FAA regulations, and it would provide the FAA with the necessary information for the Town to secure a grant for purchasing 46 acres of State Trust Land. He reported that a land swap was proposed in which the Town would trade approximately 25 acres it owns in the southeast portion of the airport for the return of approximately 65 acres of leased land along the western portion of the airport. He added that Mr. Abrams would be leased approximately 28 acres of the 65 acres for immediate development. Mr. Reuwsaat concluded by stating that the approval of this MOU was a landmark decision on behalf of the Abrams to work with the Town to remedy all of the airport issues and that it would lead to FAA funding for the State Land acquisition making certain acreage usable to lease to the private sector. Upon motion by Council Member McGorray, seconded by Council Member Honea, authorization for Town staff to enter into a Memorandum of Understanding with Gary Abrams was unanimously approved. C. MAYOR AND COUNCIL'S REPORT Council Member Escobedo reported that on June 14, 2003, Marana Little League would be having its closing ceremonies and one of the ball fields would be dedicated to Alan Ourada, a long -time Little League Coach who died in an automobile accident earlier in the year. He commented that formal invitations would be sent to each Council member soon. Council Member Comerford thanked the Council, Town staff, and public for all of the best wishes, thoughts and prayers that have been sent to her family during her father's recent illness. She reported that Council Member Blake was recuperating rapidly and was anxious to return to his daily routine. is _ 6 Vice Member Kai reported that he, Council Member Escobedo, and Town Manager Mike Hein had attended the Pima Association of Governments (PAG) Regional Assembly meeting on May 27, 2003. He described some of the topics discussed and said that the State budget and legislation at the federal level were two of the subjects presented by key speakers. D. MANAGERS' REPORT There were no reports given at this time. X. UPCOMING EVENTS The Mayor said that a report on the upcoming Fourth of July celebration would be presented to Council in the near future. XI. FUTURE AGENDA ITEMS There were no items suggested for placement on a future agenda. XII. ADJOURNMENT Upon motion by Council Member Escobedo, seconded by Council Member McGorray, approval to adjourn was unanimous. The time was 7:25 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on June 6, 2003. I further certify that a quorum was present. Jocelyn Bronson, Town Clerk f Sludge injection ordinance - Read Message Page i of 1 H of m a i l Free Newsletters My E -mail " Write E -mail Address Book special offers Sent Messages - TERRY MCCREA Save Address Monday, June 16, 2003 8:27 PM� Bobby Sutton) Mike Hein Sludge injection ordinance B I was just wondering if there is still a sludge injection ordinance within the Town limits of Marana? I have noticed recently that raw sludge is being dumped on the vacant fields just south of Marana Rd. between Wentz Rd. and Lucket Rd. This was a concern to previous council members and was adopted. I am still worried about this issue and the possible health effects it may have on our citizenry. Hopefully this ordinance has not been rescinded, and I will hear from one of the Council Members or staff. If indeed this ordinance is still in effect I believe it should be enforced. If not perhaps it should be readdressed. Respectfully, Bob McCrea Previous Message (2 of 133) Next Message msn: / /(car, mail .mar(&Jmsg.htm ?FID= - Ox000000OB &MID = 0x00000086 6/17/2003 ` water issues - Read Message Page I of I M o f m a i I _ Free Newsletters My E -mail Write E -mail Address Book Special offers Sent Messages - - TERRY MCCREA Save Address Monday, June 16, 2003 8:25 PM� Bobby Sutton water issues Mr. Mayor, -- The residents of Berrys Acres have been without water all day today 6- 16 -03, and I am wondering if the Town is even aware of it. Years ago the Town council of which I was a member made promises to the residents of this community that the "TOWN" would, the L ee wa Negotiations went on for years to no avail. his not the firs time is has happened, r I fear, is it the last. This time of year especially we need a reliable source of water , which should be provided by the Town. I will be attending the Council Meeting tomorrow evening and elaborate on this and other issues that I would like the Council to address. I have already discussed some of these with Town Staff. Previous Message (3 of 133) Next Message msn: / /(a mail .mar@ /msg.htm ?FID= 0x0000000B &MID = 0x00000085 6/17/2003 �pWN OF 1 7 9 M 7 gRIZONP STAFF REPORTS TO COUNCIL � Building Parks & Rec Town Clerk Planning Court - v/ Police Finance - v/ PW /Engineering Human Resources - v/ Water • MARANA P olice Depa rtilen Newsletter aie-f. Marana Police Department First Annual Marana Richard Vidaurri Law Enforcement Torch Run for Team Roping Competition for Executive Assistant: Special Olympics Special Olympics J " 4 capen May 8, 2003 May 17th, 2003 Lieutenant Numerous members of the Marana Police The first annual Team Roping Competition aLe Technic al Bradshaw alsenices Dale Br Department participated in this year's torch for Special Olympics took place May 17th, run for Special Olympics on May 8th, 2003. 2003 at the Marana Stockyards. The event Lieutenant- The Torch Run is an annual event with �r--c si� �� police agencies throughout the United � ` States participating; all monies raised are L eurenant. donated to the Special Olympics. Once � again this year's event was a tremendous Lieutenant Adnuinirtration Dan Bourland € l x Ft. f Y k —�= was a huge success with approximately 220 teams competing for a number of prizes, including a saddle and a belt buckle engraved with the Law Enforcement Torch Run logo. The event raised close to $5200 Members of the United States Army also participated in the 11 mile run, which began at Tangerine Road and ended at the Pinal County line. There were approximately 20 participants that ran, rode a bicycle, or helped with transportation, food and water. f� which was donated to Special Olympics. Special thanks to: the Parsons family & staff for the use of Marana Stockyards and their crew, Brad DeSpain of the Marana Water Department, Officer John Destafano, Officer Dan Sample, and the other members of the Marana Police Department and their families Afterwards, everyone met at the Marana for donating their time and effort in making Park to have sandwiches which were this event successful. donated by Subway Sandwiches on Ina Road. MONTHLY POLICE DEPARTMENT OPERATIONS REPORT TO: Town Manager, Mayor and Council DATE: May 30, 2003 PERIOD: March 30, 2003 TOTAL CALLS FOR SERVICE Mar 03 Mar 02 Fiscal Year to Date 4598 3242 27,228 • De artment Case Re orts 451 MOTOR VEHICLE TRAFFIC 489 4,109 • Traffic Stops Citations 1 944 8 483 • Parkin Violations 500 3,823 8 • Drivin unde 2 9 r the Influence 6 • Traffic Accidents 18 77 FELONY ARRESTS 76 106 615 • Adult • Juvenile 8 19 g0 MISDEMEANOR ARRESTS 0 36 20 • Adult 98 " • Juvenile 17 139 44 CRIMES AGAINST PERSONS 9 216 • Deaths • Homicide 0 ,1 • Natural 1 0 0 • Accidental 0 0 1 0 • Suicide 0 0 • Unknown 1 0 0 • Robbe 0 0 3 • Sex Offenses 0 2 5 • Offenses Against Family 1 2 17 • Assaults 2 0 12 • Disorderly Conduct 16 20 151 CRIMES AGAINST PROPERTY 8 8 49 • Commercial Bur lanes 1 3 • Residential Bur lanes 5 72 • Thefts 2 1 57 • Motor Vehicle Thefts 61 65 563 • Criminal Dama e 9 9 106 • Stolen Property Reported ($ 22 31 290 • Pro ert Recovered (S 198,197 104,111 1,715,495 MISCELLANEOUS 131,353 34,809 • Wea ons Violations • Narcotic / Drug Violations 3 0 12 • Li uor Violations 21 13 90 • Arrest for Other Jurisdiction 5 1 24 • Juvenile Violations 29 22 201 • Abandoned Vehicles 8 8 55 • Public Hazard 1 52 26 • Lost/Found 30 30 36 • Public Assist 8 25 93 • Civil Matter 3 196 27 • Sus icious Activit 2 39 39 • Securit Nacation/Business /Checks 6 218 81 • Assist other a ency 2112 1103 2,195 • Miscellaneous 20 70 139 • False Alarms 5 20 54 1 103 1* Chief of Police r ' MONTHLY POLICE DEPARTMENT OPERATIONS REPORt TO: Town Manager, Mayor and Council DATE: May 30, 2003 PERIOD: April 2003 Apr 03 A r 02 Fiscal Year to Date TOTAL CALLS FOR SERVICE 4542 3241 31,770 • Department Case Reports 469 378 4.598 MOTOR VEHICLE TRAFFIC • Traffic Stops 1198 908 10,067 • Citations 810 576 4,257 • Parking Violations 3 17 12 • Driving under the Influence 6 8 83 • Traffic Accidents 61 80 676 FELONY ARRESTS • Adult 8 24 88 • Juvenile 1 g 21 MISDEMEANOR ARRESTS' 158 rw- • Adult 19 112 158 • Juvenile 22 10 238 CRIMES AGAINST PERSONS • Deaths 2 1 • Homicide 0 0 0 • Natural 0 0 I • Accidental 0 0 0 • Suicide 0 0 0 • Unknown 1 0 4 • Robbery 1 1 6 • Sex Offenses 1 3 18 • Offenses Against Family 3 2 15 • Assaults 26 16 179 • Disorderly Conduct 6 8 54 CRIMES AGAINST PROPERTY i r a • Commercial Burglaries 5 1 77 • Residential Burglaries 7 3 64 • Thefts 44 66 607 • Motor Vehicle Thefts 5 12 111 • Criminal Damage 36 18 326 • Stolen Property Reported $113,761 $194,407 1,1829,256 • Property Recovered $29,087 $128,764 813,060 MISCELLANEOUS • Weapons Violations 1 0 116 • Narcotic / Drug Violations 16 7 26 • Liquor Violations 2 4 229 • Arrest for Other Jurisdiction 28 21 60 • Juvenile Violations 5 10 32 • Abandoned Vehicles 6 42 37 • Public Hazard 1 32 103 • Lost/Found 10 24 29 • Public Assist 2 235 44 • Civil Matter 5 20 88 • Suspicious Activity 7 215 4,282* • Securit Nacation/Business /Checks 2087 1075 161 • Assist other agency 22 76 61 • Miscellaneous 7 70 3* • False Alarms 2 115 ol Chief of Police i �'1''�A/tCi11lL POST 77 \ N, COMMUNITY EVENTS: Coyote Trail Elementary School: American Diabetes Association Walk: On April 4, 2003 Coyote Trail held it's On Saturday April 12, 2003, the Explorers Annual Spring Carnival. This event brought a large volunteered to assist the Diabetes Association with crowd of children and adults to enjoy the games, the First Annual Northwest Diabetes Walk. carnival rides, bandstand entertainment, and great Explorers arrived bright and early at 5:30 a.m. to food. The Marana Police Explorers attending this assist with the set up of several volunteer areas. The event provided security for the event and morning continued with traffic control, route fingerprinting for approximately 60 students and assistance, registration and finally the tear down their siblings under the Child I.D. Program. The 911 process. This great event was well worth the early simulator phone was also available to assist children hours and benefited a worthy organization. in learning how to call 911 and understanding when it is appropriate. UPCOMING EVENTS: The 2003 Tucson Law Enforcement Explorer Competition, sponsored by the Tucson Border Patrol �- Explorer Post, will take place on June 21 — 23 2003 at Old Tucson Studios located at 201 South Kinney Road. The event is open to the public and promises to be interesting, educational and fun for all. f Explorer Posts from Arizona and surrounding states - will convene at Old Tucson Studios to compete in ` this 3 -day event which will test the skills and training of all Explorers attending the event. These events will include High Risk Stops, DUI Investigation, Building Searches, Narcotics Interdiction, Pistol Shooting (Marksmanship), Bomb 2003 Youth Expo: Threats, Hostage Negotiations, and Downed Officer Rescue. Marana Explorers are training diligently March 28 — 29, 2003, previously known as the and frequently in all areas to participate and excel in Scout Show, the Youth Expo was open to all youth these events. organizations from Boy and Girl Scouting, Learning for Life, and Camp Fire to 4 -H organizations. The Fourth of July -The Town of Marana's Star Spangled Celebration at the Ora Mae Ham Park is currently in the Explorers provided overnight security for the Boy Scouts that camped out on Friday night. Saturday planning stages. Explorers will be on hand to assist at the our post presented the colors at the Opening event and have a booth to promote a "Teddy Bear" sale as Ceremony and continued providing security at the a fund raiser. event. There were demonstrations by our Post and Recruiting - Youth between 14 and 20 ears the Green Valley Fire District Explorer Post. This interested in a law enforcement career of age r may pick up an event was attended by several thousand adults and application at Marana Police Department, 13291 N. Lon children, and a good time was had by all. Adams or call Lt. Bradshaw at 682 -4466. Greetings from Commo! ARIZONA POLICE FIRE fiaAMES By: Michelle Otero By: Reynetta Ibarra - New set -up in the Comm Center Just a short note to let everyone know that our dispatch supervisor, Sheila, now has a "real" office. No longer is she banished to the little cubby hole in the back of our communications room. If you need to see her, she is directly across from the comm window. This used to be Lt. Carrasco's office. Sheila still has a mailbox in comm and requests for tapes, etc. can still go through the dispatcher on duty. Kevin is currently working on trying to get our mobile . units up and running on an efficient level. When using v your MDT please be courteous of the dispatcher on duty. You still need to advise of your 23 and 24 times. This is On Thursday, April 18 and Friday, April 19, 2003 I, along an officer safety issue and also allows other patrol with my husband, competed in the Arizona Police and Fire officers to know your availability. Thanks! Games. I competed in the Track and Field Events. Coming home with Gold medals in the Long Jump, 4x100, Silver in Special Olympics and Marana the 50 Yard Dash, 100 Yard Dash, 200 Yard Run, and Discus COmmUnlCatlOriS Throw, Bronze in the 400 Yard Run. A great day! I know there are many MPD employees / spouses who are more athletically prone than I. Marana comm got to help out with the Special Olympic dbkTorch run again this year. We all had a great time My challenge to those individuals is this: hrowing water, Gatorade and oranges to the bike riders and runners. Dispatchers, Sheila and Michelle, along If 1, an out of shape, over - weight, and height challenged, with records gals, Michele and Patty hung on for dear life Records Clerk, can compete and come home with such an as dispatcher Tina Davis and Det. Santoro wheeled array of medals — imagine what YOU can come home with. around on coming traffic and cyclists to get the necessary hydration to the participants! We picked up In 2004 the games will once again be held in Tucson in April. weary officers as they dropped back from the crowd and You have a year to get ready for the competitions. Track and cheered as we all handed the torch over to Pinal County. Field are not the only events — there are many, ranging from Archery to Trap & Skeet. There is bound to be something Everyone then headed to the park for a picnic lunch that that interests you and or your spouse. Officer Destefano arranged for everyone. We all look forward to helping out again next year! Way to go Marana Comm and records!! Closing Comments GRADUATION Just a reminder! When out on traffic stops please be Congratulations to MPD Cadets Art Figuero, Jennifer sure to let the dispatcher acknowledge you before Harrison, Angela Henson, Randy Korth, & Jeff Pridgett. jumping the gun and rambling off all the traffic Ceremonies will be held necessities. We need a moment to be able to type your June 13'', 2003 10 -20 in the call prior to getting the plate. If you 10:00 AM. absolutely cannot remember to wait to be Embassy Suites acknowledged, may we suggest you bring us chocolate? Tucson Blvd. A bribe never hurt anyone in dispatch yet. A family day is scheduled for SALETC in the afternoon. Starting Monday 16 the new officers will attend MPD fts always, from all of us behind the mic, "in Advanced Basic Academy at 103, before starting their 3 God we trust, all others we run ACIC." month FTO Program. From The Office of Professional Standards: From the Records Unit! Sgt. L. Garbini El We would like to announce that starting soon, Email for Everyone! : there will be at least one elective training a @ Marana.com! month in addition to mandatory training. The classes will be based on the results of the All personnel have been issued art email Elective Training Ballots that were passed out address. It is essential for you to check your a few weeks ago. To those of you who took email often it shall be used for messages, memos, and important information. To obtain the time to fill them out and turn them in, Thank You. your password contact Steve Noeth (Marana IT We would also like to thank those officers who department) at snoeth@marana.com. have signed up to teach classes during the "new hire" orientation week. It is your All police personnel have been set up with an experience and knowledge that will shape email account through the Town of Marana. these future officers. Thanks again for your This will be used for departmental selfless service. communications; it will be essential to check your mailbox everyday. Welcome Julie Deerinwater. How to get your marana.com email from a ,. remote site: Go to the Marana Website (Marana.com) In the address bar type: mail.marana.com (Press <Enter >) I. In the Login Name box, type your ` username. (That is your email address without the @marana.com. For example, @ username is bhorrigan. 2. In the Password box, type your email password. Then press <Enter >. (If you don't know your email password, contact She has been hired as an office su the IT department.) pport clerk To Read Your Email: assigned to Operations Division and is working Click on the Mailboxes button. in the office of Professional Standards. I. Click on Inbox Julie comes to us from the United States Army 2. Click on the email message you want to read. where-she was assigned to Schofield Barracks in Hawaii as a personnel information systems 3• To get back to the Inbox, click on the Back management specialist. She is originally from to Inbox button. N.C.; she came to Arizona in 1994 to attend To Write an Email Message: the U of A., and then joined the army in 1999. 1 • Click on the Compose button. She and her husband Josh returned to Arizona 2 • Fill in the To: Subject: and Message: boxes after completing their tour of duty in August of like you would do in Outlook. 2002. Julie then completed an additional 3. Click on the Send button, to send the commitment, the birth of her now two month message. old son, before coming to MPD to begin her VOICE MAIL: new career. She hopes to continue her Don't forget to check your voice mail everyday, education to pursue a degree in criminal messages are being directed to your voice mail. justice. If you do not know your password or know ho to retrieve messages check with your supervisor. I >1 LO � � N cc ��� cu i� o ca - wt d- 00 LO �� V- N W "4) (U LL m o p U) c -C (% M O N M c L I N d7 C.0 co j O N co � m UZ p 00 N r- N N cu c _0 ` t Q ca cn m � m Z ' E - m ti 00 c6 D. O O rn U J m V m= O D l Cfl N N a z l a i cu I N I N J)l CL U) 0 Z (D CY) C) cu i LL ° a cu . E j w l a cu �n ICN � J -C Q. i Q 00 Lr) 7 0 r— � I N m C � m C QQ ) G N � a M O c T-- ' N 0 D N F- 'v C) ml i - N -- ca ° i N O 7 0 M .0 M o °I ca � cu N (N - - -- - C I Q) � I � U) I , Li O TOWN OF MARANA MUNICIPAL WATER SYSTEM DEPARTMENT REPORT For: May 2003 � o p �o UNREPAIRED LEAKS CAN BE COSTLY Date: June 10,2003 mj� �t. MARANA /tom 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: May 2003 Department Report Update i DATE: June 10, 2003 CUSTOMER INFORMATION 1696 Number of Customers Billed in May 39 Number of Disconnects in May 44 Number of New Connects in May 81 Number of New Services with Meter Installation 26,965,237 Total Gallons sold in May 29.53 Acre feet pumped (non -trust wells) Picture Rocks, Happy Acres, Palo Verde, Airport, Sky Diving Center, Continental Reserve and Hartman Vistas 49.68 Acre -feet wholesale water purchased (trust wells) Marana, La Puerta, Oshrin, Falstaff, Honea, and Cortaro Ranch (325,851 gallons = acre foot) DAILY OPERATIONS d at Honea West approximately 98 1. Removed sand pp Y yards. Y 2. Installed 2" meter and realigned Hydro tank at MOC. 3. Ran 1" copper service line at Hester. 4. Street cut at Hester to get ready for new service line. 5. Stock piled sand, AB 1" minis to new MOC. 6. Stock piled sand & AB at Honea West. 7. Took down fence at Lambert & moved out tractor trailer. 8. Welded pump flange at Picture Rocks storage. Leaking at weld. 9. Worked at MOC Well & Hydro tank. Put new PSI gauge on and lowered the set points and pressure to approximately 35 to 50 psi. 10. Checked Picture Rocks static level. Pumping level is at 143 ft. 11. Checked LaPuerta static level 154 ft. Pumping level is at 160 ft. 12. 141 Blue Stakes completed in May. 13. Ran new 6' water main (120 ft) for emergency connect between Picture Rocks and Continental Reserve. 14. Fixed water leak on Cerius Stravenue and Cortaro Rd. 15. Took 6 "pipe apart and moved to George's old shop. 16. Ran new water line at OMC shop with new water hose bib, went with Geoff to find pump in case it is needed for interconnect on Wade Rd. 17. Mounted new starter on new box mounted on dolly. 18. Poured cement slab for new chlorinator at Picture Rocks well. 19. Flushed 12" line extension on Wade Rd. and took two Bac -T samples. 20. Took new source well sample at LaPuerta well and dropped off samples at Acua Tech. 21. Took two special samples at Picture Rocks for new project at storage at Picture Rocks. Took to Mail Box etc for shipping. 22. Tested 4 backflows on Silverbell Rd for Public Works. 23. Took special Bac -T sample for customer in Continental Reserve and delivered to Turner Labs. WATER SERVICE AGREEMENTS BEING NEGOTIATED 1. FCD Marana Venture I L.L.C. /Clark Farms non - potable in discussion. Farm Field 5 Water Service Agreement is completed and recorded. 2. Sunset Builders line extension for Picture Rocks System at Tres Casas is completed. 3. 6 inch main loop Camino Verde and Tres Casas design completed; construction costs will be awarded as an addendum to Continental Reserve booster contract. . 4. A.F.C. — Eckerd's Drugstore southwest corner of Cortaro and Silverbell Rd. 5. San Lucas development water service agreement is in discussion stage. 6. Acacia Hills infrastructure, part of Hartman Vistas water service agreement is being discussed. 2 OTHER Non-irrigation Rights for 1. Purchase of Type II N arks and other needs. g g p 2. Managed Recharge Intergovernmental agreement final draft is completed and is signed by everyone except Bureau of Reclamation and the Secretary of Interior. It is in the process of being recorded. 3. Pilot water treatment of Picture Rocks system is installed and operating. Will keep you informed as it progresses. 4. Non - potable system is in the design stages and is being discussed and presented to staff and developers. 5. LaPuerta well is in discussion with Cortaro - Marana Irrigation District. 3 PUBLIC WORKS F� yn 0 "TAFF REPORT / i / 1 June 2003 Cap ital o • cts (Staff Report for the month of May) The following are capital improvement projects in design. Silverbell Road Improvements Ina Road Improvements Capital Improvement 1-4 Cortaro Road to Ina Road 1 -10 to Silverbell Road Projects in Design 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, and bridges, including design and reconstruc- tion to widen to four lanes with multiuse Recently Completed 6 providing for a continuous center turn lane, Projects sanitary sewer system construction and lanes, median island, curb, curb and intersection improvements at Ina/Silverbell, gutter and sidewalk installation, drainage Traffic Division Report 7 which includes a new traffic signal system. improvements, landscaping, signal Environmental modifications, artwork and street lighting- 8 9 9• Planning Projects Estimated construction rime: Fall 2003 Project is 1.1 miles in length. Status: Environmental, Biological, DCR, Estimated construction time: Spring 2005 Geotechnical Report, Pavement Design Summary, and Archaeological reports are Status: 404 Permit application has been complete and have been accepted. The submitted. First year of Pygmy Ow! Sur- 404 Permit application has been submitted vey has been completed. The DCR has PUBLIC WORKS to the Army Corps of Engineers (ACOE) been reviewed and returned to the con and review is ongoing. First year of Pygmy sultant. The Traffic Impact Analysis, MISSION AND VALUES Owl Survey has been completed. The 90% Phase I Environmental Site Assessment, "The Marana Public Works improvement plan submittal review corn- Archaeology, the amended Bridge Ins ec- ments are due the first week of June 2003. ogy' g p • Department is committed to ACOE is still in the process of reviewing tion Bridge Stability Analysis, Grade Con- providing quality service by the plan as submitted by Old Pueblo. The trol Stability Analysis, Bridge Selection consistently delivering and Town is in receipt of the final sanitary and Location Reports are completed and maintaining reliable, safe sewer basin study; it is under review b the have been accepted; NPPO Plan has y y been accepted and Draft Access Manage- Public facilities with a Town and PCWWM staff. ment Report is on hold at this point in productive, respectful and time. Access Management acceptance ethical workforce. " letters have been received by the consult Our operating values are: ant from the abutting property owners. " • Satisfaction 50% improvement plan submittal is under . Respectful review by Town staff; comments due to the consultant first week of June 2003. Communication Town is in receipt of the final drainage • Reliable report and is currently under review. 75% • productive improvement plan submittal is due the last week of June 2003. • Quality • Ethical • Consistency Silv Ro — C ortaro to Ina • Service • Safety • Integrity • Commitment June 2003 Capital Improvement Projects in Design co 0 Tangerine Road - Breakers to Thorn dale Road, Twin Peaks Interchange Desian 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, grade separated railroad structure and con- Estimated construction time: Fall 2003 nection to the roadway system to the east, Phase II. Status: First year of Pygmy Owl Survey has been Estimated Construction Time: 2006 completed. A biological assessment has been completed Status: The Contract Agreement has been executed by and forwarded to EPA for consultation. A 404 permit the consultant, URS Corporation. URS Corporation has application has been completed. Town has decided to been given the notice to proceed with an authorization date pursue a maintenance oriented program for the road and being June 1, 2003. The first executive committee meeting has requested Tetra Tech to generate construction plans took place on Thursday, April 17, 2003; the second execu- by the end of June so that the project can be advertised tive committee meeting with local ADOT personnel took for bids in July. place on Friday, April 25, 2003. District Park Bank Protection This project consists of providing bank protection along the Tangerine Road/Thornvdale Road Intersection west bank of the Santa Cruz River from Ina Road to Improvements Cortaro Road. This project consists of design and construction for intersection improvements. Status: Tetra Tech is the design engineer. 90% plans were submitted to the Town on April 11, 2003. An individual Estimated construction time: Winter 2003 404 permit application has been submitted to the Army Corps of Engineers. This area has now been designated as Status: Tetra Tech is finalizing the design. Pygmy Owl critical habitat. Construction is anticipated to begin in the Survey and 404 permit process were initiated in Septem- fiscal year 2005. bar 2001. The biological assessment for this project has been combined with the report for the Breakers to Thorny - dale Road segment and as previously stated, has been submitted to EPA for consultation. Town has determined that traffic signals are warranted for the intersection; the design and drawings have been modified to include sig- nals. Coordination needs to continue with State, County and private landowners to solidify acquisition of additional right -of -way for the improvements. Coachline Boulevard This project consists of providing sidewalk additions along the east side of Coachline Boulevard from Twin Peaks to Drainage Way No. 2. Status: The contract has been awarded to Falcone Bros. & Associates. Construction is slated to begin mid June through July. 2003 Pavement Preservation This project consists of annual pavement rehabilitation projects throughout the Town limits. This year we will be Tangerineli homydale Intersection concentrating on the Continental Ranch area. • Status: Construction started at the beginning of May and is anticipated to run through the end of July 2003. Page 2 PUBLIC June 2003 Capital e ent Projects l Design (continued) 0 Thomvdale Road /Orange Grove Road /Costco Drive Town of Marana Northwest Marana Town Center Intersection improvements Design and Development This project consists of reconstructing the intersections of Three projects are ongoing to master plan and estab- Thomydale /Orange Grove and Thomydale /Costco and the lish the layout, ambience, and design standards of the segment of Thomydale Road connecting the two along with the Northwest Marana Town Center. reconstruction /widening of the remaining approaches; sidewalks, curb, curb and gutter, traffic signal modifications, drainage facilities, median islands, street lighting and art work. Northwest Marana Town Center, Master Plan Estimated construction time: Summer 2004 Pro ect This project will provide Master Plan Services for fur - Status: The consultant, RS Engineering, Inc., has been ther planning and conceptualization to set design and issued a notice to proceed on the project, and design work development standards to facilitate the urbanization of is currently underway. Westland Resources, Inc. is the Northwest Marana Town Center. performing work on a variety of environmental services. 50% improvement plan submittal along with the initial Status: The master planning and design develop - drainage report have been submitted and are currently ment continues as the design guidelines are applied to new buildings under review. ; such as the Northwest Fin: Station #36 for the Town Center. The Town will have the Durrant Group and McGann and Associates continue Santa Cruz River Shared Use Path, Phase I and 11 with the master planning of the rest of Ora Mae Ham District Park and the areas south of the park and the Santa Cruz River Shared Use Path consists of a 14' wide Municipal Complex and work with the land owners paved asphalt path from Cortaro Road to Coachline Blvd via and developers for further use of the Town Center the El Rio Park development. Land. Phase I consists of a building a shared use path between Cor- taro Road and Twin Peaks Road in the over bank area of the Northwest Marana Town Center North West Fire Santa Cruz River. Phase 11 consists of a continuation of the Station #36 shared use path in Phase I from Twin Peaks to Coachline Blvd. Though this is not a Town of Marana Project, the Fire Each phase is partially funded under ADOT's Transportation Station will be on of the first structures constructed Enhancement Program. Construction will need to be com- along the Marana Main Street corridor, and is there- pleted such that the ADOT funds are properly tracked; how - ever, design can be completed as a single project. fore important to the overall design and planning of the Town Core. The project will consist of design and Status: An environmental determination has been submitted construction of a new North West Fire Station #36 to protect the growing Town Center and Northwest Ma- to ADOT, separately by Westland Resources and the Town rana area, The design is being performed by the A &E and Westland are currently addressing ADOT's comments. Dun'ant and DL Withers is providing design phase Town had a Kick -Off Meeting on April 29th to initiate path construction management services under a CM @ design with Castro Engineering and pedestrian bridge design Risk process. Fire Station #36 will be located on the With Structural Grace. At present, the designers are completing new Marana Main Street between the Municipal Com- gathering of field data and are developing landscape and node lex and Grier Road. The planning and design of this concepts for the paths. It is anticipated that a 30% set of draw- proj will follow the Northwest Marana and the Town ings can be produced by the end of July. Center design guidelines as one of the first buildings in the Town Center. Status: A site plan, floor plan, exterior design and budget have been submitted to Northwest Fire for review and approval. Design development drawings are scheduled to be reviewed on June 10th. Project team meetings will be held on Fridays after the Municipal Complex AE/CM/PM meetings. Page 3 PUBLIC WORKS June 2003 Capital Improvements in i gn (continued) . Town of Marana Municipal Complex tMarana Northwest Marana Town Center, Roads, Infrastructure and "MuniPlex ") Offsite Improvements This project consists of the design and construction of a This project will design and construct the offsite utilities, roads, new Town Government Complex to house the Town of landscape, and other infrastructure and establish the layout of Marana staff. This complex will be located on 20 acres the main Town Center corridors. Current design concept has west of the current Town Hall location. The design by a main approach street terminating in a T or three approach Durrant Group Architects will integrate the MuniPlex and round -a -bout in front of the new Municipal Complex. The surrounding facilities with the Ora Mae Ham Park. The island in the middle of the round -a -bout will have a monumen- construction of the main building(s) and facility core is to tal statement for the Town Center expressing the values of the be done via a Construction Manager at Risk process with Town. The current design and construction will encompass the the selected CM, D.L. Withers, being involved in the Civic Drive from Barnett Road to Lon Adams, and Marana project during the pre - construction design development Main Street from the Civic Drive Roundabout to Grier Road, stage for value engineering, constructability reviews, tech- with future extension of Marana Main north of Grier Road to nical reviews, cost engineering and estimating, planning, connect to Sandario Road. The work will include utilities, scheduling, and serving as the Construction Manager and including a sanitary effluent collection system, sidewalks, Prime Contractor during construction. landscaping, streetlights, and streetscaping as well as the roads. Status: D.L. Withers, the CM, has graded the site, includ- ing excavating several large storm water retention ponds. Status: The new 92" sewer main is completed, inspected and They have also begun the excavating and installation of tested and waiting only approval from PDEQ to connect to the underground utilities and doing the engineered fill for the Marana Apartments. Lateral sewer lines were placed to five actual building site. A model of the project is located in feet inside the residents' property line on Grier, with abandon - the Town Hall for viewing. The architect and interior ment of septic tanks and connection to the permanent sewer designer are procuring office cubical furnishings to set up to be completed later this year. The new sewer on Grier from various office work area types for reviews. Furnishings, the new Marana Main Street to Lon Adams will begin construc- partitions, carpets, and covering are still being selected. tion later this year, along with the construction of the new D.L. Withers, the CM approved by the Town Council, roads, utilities, landscape and hardscape. Lateral sewer lines as prepared an estimate and budget which is to be will be placed inside the residents property at that time, with presented to Mayor and Council. connection to be carved out later this year. The street design, landscaping and hardscaping is developed as a boulevard lined with trees, street lights, and banners, and will carry the Town Center theme throughout the Northwest Urban Center, with a series of "gates" to announce to travelers and residents that they are "in" Marana, to establish a sense of identity and place as well as provide areas for small commercial, and safe pedestrian cycling. S Page 4 PUBLIC WORKS June 2003 Capital Improvement Projects In Construction 0 The e oll i re capital improvement e construction. Cortaro Road Realignment District Park Native Plant Salvage and This project consists of realigning and widening Cortaro Improvements/Mitigation Road east of 1 -10 from the Frontage Road to Cerius This project consists of the removal, salvaging, and Stravenue. The existing road and railroad crossing will replanting of the vegetation in preparation of park be abandoned and a new railroad crossing will be improvements. installed. Status: Ongoing. Status: The contract was awarded to Dar -Hil Corpora- tion. Construction began January 6, 2003. Project is ongoing and on schedule. El Rio Park The park has been designed by Novak Environmental and the Town is in the process of completing design. The pro- ject is scheduled to advertise in the latter part of June with a completion estimate of 90 days. The park will have a paved path which will ultimately become part of the Santa Cruz River Corridor Trail Town's Santa Cruz Shared -Use Path project, landscaping, This project consists of constructing approximately 3,500 a shaded play and sitting area, and a half court basketball linear feet multi -use path beginning at Sanders Road and court. heading eastbound along the top of the levee, along with parking improvements. Estimated construction time: Fall 2002 Status: Construction is complete on this project for Phase 1. Linda Vista Boulevard This project consists of chip sealing approximately 3/4 mile of roadway from Camino de Marian east to ap- proximately Hartman Lane. . Status: Final plans have been received from the design engineer. Construction is on hold until all of the environ- mental issues have been resolved. • Page 5 PUBLIC WORKS June 2003 Recently Completed Projects Cortaro Road Improvements/1 -10 to SilverbelI Road: Completed February 2003. Wade Road: Completed February 2003. Continental Ranch Neighborhood Park: Completed February 2003 Coyote Trails Elementary School Park and Parking Lot Addition: Completed February 2003 Costco Street Lighting: Completed May 2003 le g r v Cortaro Road Improvements 9 Continental Ranch Neighborhood Park A ,j w z a. Page 6 PUBLIC WORKS June 2003 Traffic Division Report Q Warning Beacons at the Avra Valley Road– Sandario The Installation of Protected Left -Turn Phasing at the Road intersection Ina Road - Meredith Boulevard Intersection A traffic signal warrant study was conducted at the Avra In order to increase the margin of safety for left - turning Valley Road — Sandario Road intersection. The results of motorists on Ina Road at Meredith Boulevard, the existing the study found that a traffic signal is not recommended at permissive /protected left -turn phasing will be replaced with the intersection at this time. However, in order to enhance protected -only phasing. To accomplish this change, new the safety at this location, flashing warning beacons will be 50 -foot mast arms, signal heads and other hardware will installed on the Side Road warning signs currently posted need to be installed. In addition, the signal timings at the on the Avra Valley Road approaches to the intersection. It intersection will need to be modified. It is expected that is expected that the warning beacons will help greatly to the required work should be completed within the next two better alert motorists about the approaching intersection. weeks. The warning beacons should be installed within the next 60 days. Modification of the Phasing at the Thomydale Road— Costco Drive Intersection Traffic Signal at the Tangerine Road— Thomvdale Following an analysis of the traffic signal operations at the Road Intersection Thomydale Road- Costco Drive Intersection, the left-turn Based on the results of a traffic signal warrant study phasing on the Thomydale Road approaches was modi- performed at the Tangerine Road— Thomydale Road fied to allow leading protected - permissive phasing. Previ- intersection, it has been decided to pursue the incorpora- ously, left- turners on those approaches could only turn tion of signalization in the Tangerine Road/Thomydale during a protected -only phase. With the recent modifica- Road Intersection Improvement Project, scheduled to tions, left - turners are now able to turn during a protected begin construction in summer 2003. At this point, Catalina indication (green arrow) and during the green ball indica- Engineering is in the process of preparing signal design tion. This is the first intersection in the Town where the plans and Kimley -Hom and Associates are preparing the left -tum arrow will precede the green ball indication. At all phasing and timing plans. Along with the widening other Town intersections without the protected -only phas- improvements planned at this location, the signalization ing, the left-turn green arrow follows the green ball indica- should make this a much safer and efficient intersection. tion. Business /Guide Signs for the Cortaro Road Area Parking Lot Striping Layout for the MOC In an effort to better guide motorists on Cortaro Road At the request of the Operations and Maintenance Divi- toward the businesses in the area, the Traffic Division sion, the Traffic Division has prepared a parking lot strip - developed a business and guide sign plan, which has ing layout for the Marana Operations Center. Once the been endorsed by the businesses. We have worked parking spaces have been striped as designed, parking at closely with the businesses to obtain the logos that will be the MOC will be much more efficient. It is expected that placed on the signs. It is anticipated that the new busi- the parking lot striping will take place within the next 30 ness and guide signs will be installed within the next 30 days. days. Speed Limit Map for Town Roadways The Traffic Division is currently taking an inventory of all Traffic Signal Studies at Two Town Intersections posted speed limits on the Town's arterial and collector The Traffic Division has conducted traffic signal warrant roads. The purpose of this inventory is to determine studies at the Silverbell Road -Wade Road intersection and whether some of the speed limit zones need to be modi- at the Silverbell Road -Twin Peaks Road intersection. Both fied and to eventually develop a map showing all posted studies showed that traffic signals are not warranted at speed limits on these roadways. This map will be made these locations at this time. We will continue to monitor available for distribution and will be displayed on the these intersections to determine whether traffic signals will Town's web site. be warranted in the future. Page 7 PUBLIC WORKS May 2003 Environmen a ni Tres Rios del Norte Santa Cruz River Corridor Plan This project is a cooperative effort between the City The goal of this project is to create a corridor that of Tucson Water Department, Pima County Flood becomes a unifying element that connects the com- Control District and the Town of Marana in conjunc- munity and reflects a sense of place and shared tion with the United States Army Corps of Engi- vision. This project includes property value and neers. This purpose of this study is to evaluate enhancement, multiple water conveyance systems, approximately an eighteen mile stretch of the Santa multiple purpose utility corridors, trail systems, heri- Cruz River from Prince Road to Sanders Road for tage facilities, developed recreation, nature and envi- projects such as habitat restoration, water supply, ronmental elements, affinity group facilities, and many flood control and recreation. other opportunities for the community. Status: The sponsors have received public com- Status: As a part of the Tres Rios del Norte project ments to the project and are in the process of deter- the presence of the Santa Cruz River Task Force mining how to address these comments. The Army provided comments on the project and the Town of Corps of Engineers has mapped alternatives for Marana is determining how to address these each of the water and effort scenarios and the spon- comments. sors are in the process of commenting on the maps. The next step in the process is to determine which alternative is the preferred alternative. Arizona Pollution Discharge Elimination System This project was initiated by a federal mandate in which Arizona Department of Environmental Quality (ADEQ) was given primacy. Six minimum control t measures have been defined for compliance. The minimum control measures are as follows: 1.Public Education and Outreach 2.Public Involvement and Participation 3.I1licit Discharge Detection and Elimination�` 4.Construction Site Stormwater Runoff Control'i 5.Control of Post - construction Site Runoff 6.Pollution Prevention and Good Housekeeping'" ` Lkg y ;u Status: The Town of Marana has actively been working with PAG to get public involvement on a regional level. There will be a construction meeting on June 25 in the Downtown Library from 8:00 - 10:00am for the construction industry to get informa- tion on what each of the jurisdictions are requiring o for stormwater compliance in there area. The Town of Marana has started a library of documents, books, and handouts for information on the storm - water issues. Staff has also been developing a storm drain marker to be places on drain inlets in the community that read "Only Rain in the Drain ". Page 8 PUBLIC WORKS t TOWN COUNCIL TOWN MEETING OF INFORMATION MARANA DATE: June 17, 2003 AGENDA ITEM: IX. A. 1 TO: Mayor and Council FROM: Roy Cuaron, Finance Director SUBJECT: Resolution No. 2003 -64, authorizing the Town to enter into the Arizona Public Entity NCFE Loss Recovery intergovernmental agreement. DISCUSSION: The Town is a current participant in the Local Government Investment Pool ( "LGIP "), which is an investment pool administered by the State Treasurer. The purpose of the LGIP is to provide investment opportunities for local governments in accordance with state law. Historically, the LGIP has generated annual yields ranging from four to seven percent. More recently, however, the LGIP purchased corporate bonds from National Century Financial Enterprises (NCFE), an Ohio corporation that subsequently became insolvent and declared bankruptcy. In doing so, NCFE defaulted on the bonds and the LGIP lost over one - hundred twenty million dollars. Marana's pro -rata share of the loss is $711,781. In an attempt to recover lost monies, cities, towns and other governmental entities are forming the Arizona Public Entity NCFE Loss Recovery Coalition, Inc. The attached IGA creates the non -profit entity and allows the Town to become a member of the organization. The organization will be empowered to litigate its members claims on their behalf and to distribute any funds recovered according to each member's pro -rata share of the total amount lost. The startup funding for the litigation will be provided by Pima County, Chandler, Scottsdale, the Maricopa County Community College District and the Gila River Indian Community. These entities will receive reimbursement for the start-up funding from any recovery, before the pro -rata shares are distributed. Any funding that remains will be distributed according to the schedule attached to the IGA. RECOMMENDATION: Staff recommends adoption of Resolution 2003 -64 authorizing the Town to enter into the Arizona Public Entity NCFE Loss Recovery IGA. SUGGESTED MOTION: I move to adopt Resolution No. 2003 -64. FINANCE/RC /06/11/2003/2:00 PM 4 MARANA RESOLUTION NO. 2003-64 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MAR.ANA, ARIZONA, AUTHORIZING THE TOWN TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH OTHER PUBLIC ENTITIES FOR THE FORMATION OF THE ARIZONA PUBLIC ENTITY NCFE LOSS RECOVERY COALITION, INC. WHEREAS, the Town of Marana is a participant in the Local Government Investment Pool (LGIP), administered by the Office of the Treasurer of the State of Arizona, into which the Town has invested certain funds; and WHEREAS, as a result of the Town's participation in LGIP and the insolvency and ensuing bankruptcy of National Century Financial Enterprises, an Ohio corporation (NCFE), the Town has suffered financial loss; and . WHEREAS, the Mayor and Council of the Town of Marana have determined that recovery of the lost funds is in the best interest of the Town and its residents; and WHEREAS, the Town has been presented with an Arizona Public Entity NCFE Loss Recovery Intergovernmental Agreement, which is attached hereto as Exhibit A and incorporated herein by this reference; and WHEREAS, the Intergovernmental Agreement provides for the creation of, and the Town's membership in, a non - profit organization to be known as the Arizona Public Entity NCFE Loss Recovery Coalition, Inc., whose purpose shall be to pursue recovery of the losses and/or claims of its members; and WHEREAS, A.R.S. 11 -952 grants the Town the authority to enter into intergovernmental agreements; and WHEREAS, the Mayor and Council have determined that approval of the Intergovernmental Agreement is in the best interest of the Town and its residents. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1. The Town is hereby authorized to enter into the Arizona Public Entity NCFE Loss • Recovery Intergovernmental Agreement, attached hereto as Exhibit A and incorporated herein by this reference. Section 2. The Mayor of the Town of Marana is hereby authorized to execute said r t Intergovernmental Agreement on behalf of the Town. Section 3. The Town staff is hereby authorized to take all steps necessary to implement said Intergovernmental Agreement and give it effect. Section 4. All orders or resolutions in conflict herewith shall be and the same are, to the extent of such conflict, hereby repealed, and 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, Arizona, this 17 day of June, 2003. Mayor Bobby Sutton, Jr. ATTEST: Jocelyn C. Bronson Town Clerk . APPROVED AS TO FORM: Daniel J. Hochuli As Town Attorney and not personally Exhibit A Arizona Public Entity NCFE Loss Recovery Intergovernmental Agreement • ARIZONA PUBLIC ENTITY NCFE LOSS RECOVERY INTERGOVERNMENTAL AGREEMENT WHEREAS A.R.S. §§ 11 -951, et seq., provide for and authorize public agencies to enter into contracts or agreements, including those for the contracting of services and the joint exercise of powers common to the contracting parties and for joint cooperative action, and WHEREAS as a- consequence of the insolvency and ensuing bankruptcy of National Century Financial Enterprises, an Ohio corporation ( "NCFE "), in which various public agencies, including the parties hereto, had pooled investment funds through the Office of the Treasurer of the State of Arizona pursuant to state law, significant losses and/or claims have accrued to the parties, and WHEREAS it is the desire of the parties hereto to have their collective interests protected through j oint participation, coordination and pursuit of all available legal remedies on their behalf by a co- ordinating body, hereinafter identified, empowered to act regarding recovery of the losses, claims and/or causes of action as stated to which the parties may be entitled, including the identification and retention of legal counsel to represent the parties and the co- ordinating body empowered to act on their behalf to be selected pursuant to the authorizations conveyed herein and otherwise consistent with applicable law, provided, however, that nothing herein shall be construed to interfere with pursuit of the parties' claims in the NCFE Ohio bankruptcy proceeding, Jointly Administered Case No. 02- 65235, Eastern Division, Southern District of Ohio, United States Bankruptcy Court, pursuant to proofs of claim heretofore filed on their behalf by the Office of the Arizona Attorney General, and provided further that no party or public agency seeking to j oin in this 1 agreement may join or remain a party if to do so would create either a conflict of interest in fact or a legal representational conflict, and WHEREAS it is the desire of the parties to limit and confine participation in this agreement to those public agencies, as defined in A.R.S. § 11 -951, which deposited funds with and for the purpose of investment by the Treasurer of the State of Arizona in the local government investment pool ( "LGIP ") authorized by Arizona law and which is the subject of the losses and claims pursued in the Ohio NCFE bankruptcy proceeding under the proofs of claim heretofore filed therein and on their behalf by the Office of the Arizona Attorney General; NOW, THEREFORE, the undersigned agree as follows: I . The duration of this intergovernmental agreement shall begin on the day of May, 2003 and shall continue through and including that date which is thirty (30) days following the entry of any final and non - appealed judgment in a court of competent jurisdiction or, in lieu thereof, execution of any final settlement of claims, hereinafter described, arising out of the pursuit through retained legal counsel of said claims, and continuing through distribution of recovered funds, if any, and final audit provided, however, that in the event that all parties to this agreement concur in a determination to terminate this agreement in the absence of a final judgment or settlement, the agreement may then be terminated by unanimous consent; 2. It is agreed by the parties that conflicts and inter -party claims with respect to losses and claims arising from or involving and/or relating to the insolvency and ensuing bankruptcy of NCFE, as described herein, against other parties are waived, provided, however, that this provision shall not be construed as waiving any claims against the • 2 State of Arizona and/or the Treasurer of the State of Arizona; 3. It i s a greed b y t he p arties t hat t he c o- ordinating b ody r eferenced i n¶ 6 o f this agreement is specifically authorized to serve as the agent, in law and in fact, for the parties and the parties agree to hold the co- ordinating body harmless for all acts performed in good faith and in conformity with this agreement on behalf of the parties; 4. The purpose of this intergovernmental agreement is to convey and delegate to the entity hereinafter identified, as applicable or appropriate, the decision - making authority for all litigation- related issues regarding the notes and investments for which recovery is sought, including the rights to pursue recovery, and all the authority and responsibility to select, retain and supervise competent legal counsel, and to file claims and initiate litigation provided, however, that the parties shall retain all of the right, title and interest in their individual respective notes and investments as described herein; S. It is agreed that the scope of representation shall include representation of the parties and the co- ordinating body, acting on behalf of the legal interests of each participating party, with respect to losses and claims arising from or involving and/or relating to the insolvency and ensuing bankruptcy of NCFE as described herein, including analysis and determination of any third parties who or which might be held responsible, whether on grounds of fraud, breach of fiduciary duty, negligence or other grounds, for the said losses and claims; 6. The parties agree that for the purpose of pursuing the objectives and purposes of this 3 agreement, a separate nonprofit corporation, to be known as the "Arizona Public Entity NCFE Loss Recovery Coalition, Inc." as authorized under A.R.S. § 11- 952(A), is created, to be governed by a Board of Directors consisting of nine (9) members comprised of. A. four (4) members representing Arizona municipalities, one each for the cities of Chandler, Mesa and Scottsdale and one at -large member, to be appointed by the League o f Arizona Cities and Towns, representing the remaining signatory municipalities; , B two (2) members representing Arizona counties, one member for Pima County and one at -large member representing the remaining signatory counties; 1. one (1) member representing the signatory school districts, community college districts and universities; 2. one (1) member representing the signatory special taxing districts; and 3. one (1) member representing the interests of the Gila River Indian Community; 7. It is agreed that, in order to facilitate the expeditious implementation of this agreement and promote its objectives, as an initial and temporary Chair of the Board of Directors of the nonprofit corporation referenced in 16, the at -large municipality member representative appointed by the League of Arizona Cities and Towns is approved and appointed to serve in said capacity until such time as the full board of directors may determine to elect a new or different Chair and/or vote to continue said 4 member as Chair on an indefinite basis; 8. It is agreed that for the purposes of this agreement relating to the identification and selection of outside legal counsel as described herein, the nonprofit corporation Board of Directors and/or initial Chair shall select and utilize the procurement code and/or procedures of one of the public agency parties hereto to implement the objectives of this agreement. If the selected procurement code or procedure requires the signature of an officer, the board, through its Chair, is authorized to so execute. The board is also authorized to utilize, to the extent practicable, agreements and/or contractual procedures presently existing between parties and their respective qualified outside contract legal counsel, if any, to facilitate adherence to the requirements for the selection and retention of counsel for outside legal services under circumstances implication litigation; 9. It is the intent of this provision that such existing outside legal counsel may be utilized in a co- counsel role, as necessary, with any additional outside legal counsel selected by the entity board and to facilitate representation of the parties in Arizona by such selected counsel if not otherwise licensed in Arizona, including existing outside legal counsel, new outside counsel or internally - employed legal counsel for one or more of the parties; 10. The separate nonprofit corporation shall be invested with the authority to establish all necessary policies and procedures, including bylaws, consistent with and in furtherance of the implementation and attainment of the objectives of this agreement; 11. The initial interim Chair of the Board of Directors shall have the authority to execute 5 this agreement on behalf of and for the benefit of the parties, which authority shall also include the power to execute the agreement with any additional qualified participants desiring to join and to open and maintain a checking account for deposits and disbursements of funds for the purposes and in furtherance of the objectives of this agreement, all drafts against said account to require the signatures of the Chair and one (1) other board member, provided, however, that said account shall be opened and maintained at a financial institution which presents no conflicts of interest with those of the participating parties to this agreement relating to its subject matter; 12. The parties agree that, with respect to the identification, selection and retention of any outside legal counsel for the purposes set forth herein, an affirmative vote of two- thirds (2/3) of the board members present, including members participating by electronic means, shall be required. The parties also agree that with respect to any substantive matters other than the identification, selection and retention of outside legal counsel coming before the board, a simple majority vote of the board members present, including members participating by electronic means, shall be required, provided that, any decision regarding whether to settle or compromise a claim on behalf of any party shall be made only after consultation with and approval by such ply; 13. It is agreed by the parties that a party having not already prepared and filed an administrative claim against the State of Arizona relating to the subject matter of this agreement pursuant to A.R.S. §§ 12 -821, et seq., shall not file such a claim unless 6 pre- approved by a majority vote of the board and provided further that if any such claim has been filed by a public agency seeking to join this agreement, the party agrees to withdraw said claim; 14. The manner of financing the joint objectives of this agreement shall be to identify and select, through the board and/or the Chair, acting on behalf of the board, such competent outside counsel on the basis of said counsel's willingness to undertake the representation on a contingent fee basis, with acknowledgment that out of pocket costs and expenses will be determined and become the responsibility of the parties, allocated to each on a pro -rata basis bearing the same percentage relative obligation for allocated costs to the whole as the party's individual claim bears to the whole of the aggregated parties' claims, provided, however, that, in the event that any selected competent outside counsel requires any "up front" cost retainer upon the condition that said counsel will not "front" costs attendant to the representation and litigation, the parties agree that they will each bear such costs, as billed, on the same pro -rata basis as heretofore described; 15. The parties agree that, in recognition of the circumstance that certain expenses, including initial "start-up" costs, maybe incurred for necessary operational purposes related to the objectives of this agreement, the parties - participants the County of Pima, Arizona, the City of Chandler, Arizona, the City of Scottsdale, Arizona, the Maricopa County Community College District and the Gila River Indian Community agree to budget sufficient funds to address the said initial or continuing operational costs related to the purposes of this agreement, apart from and in addition to any 7 litigation costs which may be incurred within the terms and conditions of ¶ 16 of this agreement, and initially each will contribute to and deposit with the board, through the Chair, the sum of Five Thousand Dollars ($5,000.00) for such operational purposes, and such additional amounts as may by mutual agreement of said "start-up" initial contributors be deemed necessary, contingent upon recognition by all other parties hereto, as evidenced by such other parties' execution of this agreement, of the right of each "start-up" fund contributor to an absolute right of reimbursement for such sums from revenues recovered prior to distribution of any loss -claim recoveries, and provided further that each party to this agreement, regardless of date of j oining in this agreement, shall be and become liable for such parry's allocated costs, including any costs accrued prior to such party's joining, if any; 16. The board shall be authorized to make binding decisions on behalf of and for the benefit of the parties, to make pro -rata disbursements of monies recovered, if any, to the parties and to make pro -rata billings for costs, if any, to the parties, provided that, any decision regarding whether to settle or compromise a claim on behalf of any party shall be made only after consultation with and approval by such party; 17. The permissible method to be employed in accomplishing the partial or complete termination of the agreement shall be the giving of thirty (30) days' written advance notice, together with a formal action by the parties' respective governing bodies, to each member of the board of intent t o d isassociate from t he i ntergovernmental agreement, provided, however, that any and all allocated costs which have accrued to such party prior to the giving of such notice, and formal governing body action 8 acknowledging the obligation, shall remain the obligation of such withdrawing party, and provided further that, in the event that prior to such notice of disassociation, any agreement shall have been executed on b ehalf o f s uch p arty b y t he b oard w ith competent outside counsel for the purposes described herein, any obligation of the party for the payment of an allocated contingent fee, if any, from monies ultimately recovered as a result of such counsel's services, shall also be satisfied or acknowledged prior to the withdrawal becoming effective as to such party; 18. Any property, tangible, intangible, personal, real or mixed, which may be acquired under the terms of this agreement will, upon partial or complete termination of the agreement, be disposed of in accordance with the pro -rata distribution protocols identified in 126 of this agreement; 19. With respect to any party to this agreement which is a school district as defined by applicable Arizona law, such a party, by executing this agreement, accompanied by written documentation that its participation has been first approved by the Arizona State Board of Education acknowledges the application of the limitations on extensions of this agreement as provided under A.R.S. § 11- 952(1); 20. The parties agree that, subject to the other requirements of this agreement, the board shall be authorized to identify, select, retain and supervise competent outside legal counsel and direct such counsel to file actions intended to protect the interests of the parties, each one of which parties shall be deemed to be a client for legal representation purposes; 21. The parties agree that the board is authorized to admit additional participant parties, 9 subject to the provisions, conditions and restrictions of this agreement; 22. Not less than once each quarter, and more frequently as determined by events identified by retained outside counsel, the Chair of the board shall report to the members of the board on the status of the proceedings and respond to any questions or concerns of individual parties in that regard; 23. Each party by execution of this agreement avers that it has complied with the provisions of A.R.S. § 11- 952(D) regarding submission of the agreement to its own legal counsel for review and confirmation as to form and authorization as granted to such party under the laws of the State of Arizona applicable to such party; 24. Each party acknowledges that finalized executed copies of this agreement shall be filed with the Arizona Secretary of State pursuant to A.R. S. § 11- 952(G) and that the board is designated as the facilitating entity to ensure compliance with such filing requirement; 25. It is agreed that this agreement is subject to the provisions of A.R.S. § 23 -1022 and that the parties post the notices required by such law; 26. The parties agree that the distribution table attached to this agreement as Exhibit "A" is by this reference incorporated herein and made a part of this agreement, which exhibit may be amended from time to time to reflect the addition of additional participants not having executed the agreement contemporaneously with the original signatories hereto, and that said table accurately reflects procedures for the accounting for costs and the allocation of monies recovered, if any, on a pro -rata basis, for the benefit of each party, provided that, included in the costs first to be 10 reimbursed are those relating to any advanced funds as described in ¶ 15 of this agreement, including the "start-up" cost funds heretofore referenced and contributed by the parties there identified as providing said funds; 27. The parties agree and aver that, by affixing their authorized representatives' signatures to this agreement, each has complied with any and all laws, rules and regulations and has passed or enacted such necessary resolutions, ordinances or other similar authorizations as are necessary for their execution of this agreement pursuant to A.R.S. § 11- 952(H); 28. The parties acknowledge and agree that this agreement constitutes the whole of the agreement between and among all parties and the board and that its terms shall not be altered or amended except in writing upon the concurrence of all parties, provided that, in the event of the successful identification, selection and retention of competent outside counsel by the board to represent the interests of the parties for the purposes and objectives described herein, any such written legal retention contract executed with outside retained legal counsel as provided herein shall be deemed to be apart of this agreement and incorporated herein; 29. This agreement may be executed in multiple counterpart form, with each such counterpart constituting a binding original agreement between and among the parties and the board; 30. Nothing in this agreement is intended to create, nor shall any provision be construed to authorize the creation of, a joint venture nor the creation of any rights in or of third -parry beneficiaries; 11 31. It is the intent of the parties and the board that this agreement and its provisions be severable, such that if any portion or portions of the agreement are finally declared to be unlawful or void in a court of competent jurisdiction, the remaining portion or portions of the agreement which survive any such determination shall remain valid and enforceable according to their terns; 32. Notice is herewith given of recognition of the application to this agreement of A.R.S. § 38 -511 and Executive Order 99 -4 and that the agreement is subject to cancellation on the grounds of conflict of interest in the event of a determination of a violation of either said statute or executive order, the terms of which statute and executive order are by this reference incorporated herein; 33. This agreement is entered into on the date set forth in ¶ 1 above. PIMA COUNTY, ARIZONA TOWN OF MARANA, ARIZONA By: B Title: Title: Approved as to form: Approved as to form: By: B ACCEPTANCE OF OBLIGATIONS: Arizona Public Entity NCFE Loss Recovery Coalition, Inc By: Title: Chair 12 EXHIBIT "A" The following table identifies all of the original participants in the intergovernmental agreement to which this exhibit is attached, along with their original investment losses expressed as both a dollar amount and as a percentage of the overall total loss of the original participants. As and when additional participants may join following the date of signing by the original participants, a revised exhibit will be prepared reflecting newly calculated loss claims and corresponding percentage figures to be utilized for the purposes of cost allocations and revenue distributions as may accrue to the participants in the course of performance of the provisions of the agreement, such revised exhibit being deemed to be a clerical revision not constituting a substantive amendment otherwise requiring formal approval as an amendment to the agreement.. All expense and cost allocations and all pro -rata recovered revenue distributions shall be made in strict conformity with the table percentages hereinafter set forth. 13 • (Finalized list in process) • • 14 TOWN COUNCIL TOWN MEETING OF INFORMATION MAR.ANA DATE: June 17, 2003 AGENDA ITEM: IX. A. 2 TO: Mayor and Council FROM: Farhad Moghimi, , P.E., Public Works Director /Town Engineer SUBJECT: Resolution No. 2003 -52 — Releasing the Assurance Agreement for Villages at Redhawk Phase 211, Trust No. 30,130, for Lots 182 -234 and Acceptance of Public Improvements for Maintenance. DISCUSSION: Approval of Resolution 2003 -52 will release the Assurance Agreement between Richmond American Homes, Inc., a Delaware Corporation under Trust No. 30,130, and Fidelity National Title Agency, Inc. and the Town of Marana, regarding Villages at Redhawk Phase 2B as depicted on Exhibit A. The subdivision is recorded in Book 51 of Maps and Plats, Page 20, Pima County Recorders Office, Arizona. . In releasing said Assurance Agreement, the Town of Marana will accept for maintenance, including regulatory traffic control signs and street signs, approximately 0.2 miles of the following paved streets. • Acacia Blossom Place • Owl Head Canyon Road (as depicted on Exhibit A) • Sunset Vista Place RECOMMENDATION: Staff recommends that the Town Council release the Assurance Agreement between Richmond American Homes, Inc. under Trust No. 30,130 and Fidelity National Title Agency and the Town of Marana. SUGGESTED MOTION: I move to adopt Resolution No. 2003 -52. 06/11/03 MARANA RESOLUTION NO. 2003-52 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AUTHORIZING THE RELEASE OF THE ASSURANCE AGREEMENT BETWEEN RICHMOND AMERICAN HOMES, FIDELITY NATIONAL TITLE AGENCY, INC., AND TOWN OF MARANA' FOR LOTS 182 THROUGH 234 ACCEPTING FOR MAINTENANCE THE PUBLIC IMPROVEMENTS IN VILLAGES AT REDHAWK PHASE 2B. WHEREAS, Villages at Redhawk Phase 2B is an 10.971 acre subdivision located south of Moore Road and west of Dove Mountain Boulevard, containing Lots 182 through 234 as depicted on Exhibit A attached hereto and incorporated herein by this reference, and recorded at the Pima County Recorder's Office in Book 51 of Maps and Plats, Page 20; and WHEREAS, the Town has previously entered into an Assurance Agreement between Richmond American Homes, Inc., (beneficiary) under Trust No. 30,130 and Fidelity National Title, Agency, Inc. (trustee), recorded at the Pima County Recorder's Office at Docket 11473, Page 1076, assuring the completion of public improvements; and • WHEREAS, Richmond American Homes, has completed the public improvements acceptable to Town standards in accordance with the Assurance Agreement for Villages at Redhawk Phase 2B. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana as follows: Section 1. Villages at Redhawk Phase 2B, lots 182 through 234 are hereby released from the Assurance Agreement between Richmond American Homes, under Trust No. 30,130, and Fidelity National Title Agency, Inc.. Section 2. The Town accepts for maintenance, including maintenance of regulatory traffic control and street signs, 0.2 miles of paved streets for the following appurtenances, as depicted on Exhibit A: a. Acacia Blossom Place b. Owl Head Canyon Road (as depicted on Exhibit A) C. Sunset Vista Place Page 1 of 2 Marana, Arizona Resolution No. 2003 -52 • PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 17` day of June, 2003. ATTEST: Mayor BOBBY SUTTON, JR. Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: Daniel J. Hochuh, Esq. • As Town Attorney and not personally • Page 2 of 2 Marana, Arizona Resolution No. 2003 -52 TOWN COUNCIL TOWN MEETING OF INFORMATION MARANA DATE: June 17, 2003 AGENDA ITEM: IX. A. 3 TO: Mayor and Council FROM: Farhad Moghimi, , P.E., Public Works Director/Town Engineer SUBJECT: Resolution No. 2003 -54 — Releasing the Assurance Agreement for Villages at Redhawk Phase 1C Trust No. 7825 -T Lots 1-44 and Acceptance of Public Improvements for Maintenance. DISCUSSION: Approval of Resolution 2003 -54 will release the Assurance Agreement between Cottonwood Properties, Inc., Trust No. 7825 -T, Lawyer's Title of Arizona, Inc. and the Town of Marana, regarding Villages at Redhawk Phase 1C as depicted on Exhibit A. The subdivision is recorded in Book 49 of Maps and Plats, Page 31, Pima County Recorders Office, Arizona. In releasing said Assurance Agreement, the Town of Marana will accept for maintenance, including regulatory traffic control signs and street signs, approximately 0.45 miles of the following paved streets. • Bandtail Court • Dove Mountain Park Road • Owl Head Canyon Road (as depicted on Exhibit A) • Whiptail Court RECOMMENDATION: Staff recommends that the Town Council release the Assurance Agreement between Cottonwood Properties Inca under Trust No. 7825 -Tand Layers Title of Arizona, Inc. and the Town of Marana. SUGGESTED MOTION: I move to adopt Resolution No. 2003 -54. 06/11/03 MARANA RESOLUTION NO. 2003-54 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AUTHORIZING THE RELEASE OF THE ASSURANCE AGREEMENT BETWEEN COTTONWOOD PROPERTIES, INC., LAWYER'S TITLE OF ARIZONA, INC., AND TOWN OF MARANA FOR LOTS 1 THROUGH 44 ACCEPTING FOR MAINTENANCE THE PUBLIC IMPROVEMENTS IN VILLAGES AT REDHAWK PHASE 1C. WHEREAS, Villages at Redhawk Phase 1 C is an 12.10 acre subdivision located south of Moore Road and west of Dove Mountain Boulevard, containing Lots 1 through 44 as depicted on Exhibit A attached hereto and incorporated herein by this reference, and recorded at the Pima County Recorder's Office in Book 49 of Maps and Plats, Page 31; and WHEREAS, the Town has previously entered into an Assurance Agreement between Cottonwood Properties, Inc., (beneficiary) under Trust No. 7825 -T and Layers Title of Arizona, Inc., Agency, Inc. (trustee), recorded at the Pima County Recorder's Office at Docket 10529, Page 1564, assuring the completion of public improvements; and WHEREAS, Cottonwood Properties, Inc., has completed the public improvements acceptable to Town standards in accordance with the Assurance Agreement for Villages at Redhawk Phase 1 C. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council ofthe Town ofMarana as follows: Section 1. Villages at Redhawk Phase 1 C, lots 1 through 44 are hereby released from the Assurance Agreement between Cottonwood Properties, Inc., under Trust No. 7825 -T, and Lawyers Title of Arizona, Inc. Section 2. The Town accepts for maintenance, including maintenance of regulatory traffic control and street signs, 0.45 miles of paved streets for the following appurtenances, as depicted on Exhibit A: a. Bandtail Court b. Dove Mountain Park Road C. Owl Head Canyon Road (as depicted on Exhibit A) d. Whiptail Court Page 1 of 2 Marana, Arizona Resolution No. 2003 -54 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 17 day of June, 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 Page 2 of 2 Marana, Arizona Resolution No. 2003 -54 r t TOWN COUNCIL TOWN MEETING OF INFORMATION MAR.ANA DATE: June 17, 2003 AGENDA ITEM: IX. A. 4 TO: Mayor and Council FROM: Joel D. Shapiro, Planning Director SUBJECT: Resolution No. 2003 -50: Building Height Exception Reguest: The Planning Center, representing KB Homes, is requesting Council approval of an exception to the Building Height regulation which limits building heights to 25' in the R-6 zoning district, within the Hartman Vistas subdivision. The project is located at the southwest corner of Linda Vista Boulevard and Hartman Lane. DISCUSSION: This application i s b eing b rought b efore y ou i n a ccordance w ith the recommendations expressed by Council at the regular meeting of March 18, 2003. The Planning Center, representing KB Homes is requesting a Building Height Increase Option for the Hartman Vistas Subdivision, located at the southwest corner of Linda Vista Boulevard and Hartman Lane. The developer contends that the current building height is a constraint to the number of plans and options that can be offered to the purchaser. They have provided letters from prospective purchasers who would choose the higher elevations if they were made available. Staff has no objection to this request, but would like to see some limitations on the Option, if approved. First, staff would like to see a 2' limitation on the increased height. According to their Model/Elevation chart no product they are offering would exceed 27'. Second, staff would ask that the conditions offered in their letter of request be made a part of the approval. 1. No two units of the same color and elevation will be allowed side by side, to further break up and vary the streetscape. 2. No two models with the same elevation will be allowed to be placed side by side. 3 None of the models in question would be placed on Lots l —10 and 124, which are the lots along Hartman Lane, directly across the street from the single -story homes in the subdivision across the street. Last, staff would re- emphasize that this Option runs with this subdivision only, and is not an approval of these models for any other subdivision, now or in the future. i RECOMMENDATION: Planning Staff recommends approval of this request with the limitations requested and the conditions offered. SUGGESTED MOTION: I move to approve Resolution No. 2003 -50. I MARANA RESOLUTION NO. 2003 -50 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, GRANTING A BUILDING HEIGHTS EXCEPTION TO KB HOMES, INC. FOR THE HEIGHT REQUIREMENTS OF THE R -6 ZONING DESIGNATION OF THE MARANA LAND DEVELOPMENT CODE, FOR THEIR PROJECT CALLED HARTMAN VISTAS, LOCATED AT THE SOUTHWEST CORNER OF LINDA VISTA BOULEVARD AND HARTMAN LANE, WITHIN A PORTION OF SECTION 23, TOWNSHIP 12 SOUTH, RANGE 12 EAST. WHEREAS, KB Homes, Inc. is the owner of lots within the Hartman Vista subdivision, located on the southwest corner of Linda Vista Boulevard and Hartman Lane, and have applied to the Town of Marana for approval of an exception to allow an increase in the building height requirement for this project; and WHEREAS, on March 18, 2003, the Marana Town Council did adopt Ordinance No. 2003.04 and further moved that staff be directed 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; and WHEREAS, the Marana Town Council finds that strict application of the applicable Town Development Standards poses an unnecessary hardship to the owners of this property; and WHEREAS, the Marana Town Council finds that granting the requested exception is the appropriate action to afford relief; and WHEREAS, the Marana Town Council finds that the requested exception will not cause injury to or adversely affect the rights of surrounding property owners; and WHEREAS, the Marana Town Council has heard from the representatives of the owner, staff, and members of the public at the regular Town Council meeting held June 3, 2003, and has determined that the exception submitted by KB Homes, Inc. is in the best interest of the residents of the Town of Marana and should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town o f Marana, Arizona that the exception to allow an increase in the building height up to two feet, and including the following conditions, is hereby approved. Marana Resolution No. 2003 -50 1 s Conditions: 1. No two units of the same color and elevation will be allowed side by side, to further break up and vary the streetscape. 2. No two models with the same elevation will be allowed to be placed side by side. 3. None of the models in question would be placed on Lots 1 — 10 and 124, which are the lots along Hartman Lane, directly across the street from the single -story homes in the subdivision across the street. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 3 rd day of June, 2003. ATTEST: Mayor BOBBY SUTTON, JR. Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: Daniel J. Hochuli As Town Attorney and not personally Marana Resolution No. 2003 -50 2 TOWN COUNCIL TOWN MEETING OF INFORMATION MARANA DATE: June 17 2003 AGENDA ITEM: IX. B. 1 TO: Mayor and Council FROM: Ron Smith, Parks and Recreation Director SUBJECT: Presentation regarding 4 th of July celebration DISCUSSION: Staff will present Council with an update on the events for the 4 th of July celebration. RECOMMENDATION: Information only. SUGGESTED MOTION: No action is required. i ADMIN/JCE/06 /11/2003 - MRRA N NA =/ I \ Fourth of July 2003 Main Stage Schedule of Events 5:00 — 5:30 pm Music & Announcements 5:30 - 7:30 pm Jane Crowe (Blues/Rock Band) 7:30 — 8:00 pm Mayor Bobby Sutton's Welcome Stephanie Koeppen "God Bless America" American Music by Jill Ashcraft Raffle Announcements 8:00 — 9:00 pm East 2 West (Classic Rock Band) 9:00 — 9:30 pm Fireworks Presentation 9:30 —10:30 pm East 2 West Family Games & Youth Activities 5:00 — 6:00 pm Watermelon Eating Contest 6:00 — 6:30 pm Balloon Toss 6:30 — 7:00 pm 3 Legged Race 5:00 — 7:30 pm Ongoing Games Bottle Bust Balloon Pop Face Painting Foam Gliders (craft) 5:00 —10:00 pm Carnival/Inflatable Games (Little League Fields #3 & #4) Pony Rides 8:00 —10:00 pm Teen Dance (Little League Field #2) Other Activities 5:00 — 10:00 pm Chamber of Commerce Budweiser Beer Garden (Tennis Courts) 5:00 —10:00 pm Desert Diamond Casino Black Jack (Demonstration) (Tennis Courts) Forty One (41) Vendors: 29 food vendors 12 craft/other Shuttles from Continental Ranch (Twin Peaks) and Dove Mountain Area c c Information Sheet Location: Ora Mae Ham Park (Use Tangerine Exit & Follow Signs) Time: 5:00 —10:00 pm General Parking: Postvale & Barnett $5 per car & 1 can of food to benefit the food bank Special Needs Parking: Marana Community /Senior Center (Located in Ora Mae Ham Park/Follow Signs) General Traffic Plan: Restricted Access at 1:00 pm West Side Frontage Road from Moore to Trico Marana Road Restricted Access at 3:00 pm Barnett Road from Postvale Road to Sandario Road Lon Adams Road from Grier Road to Barnett Road Restricted Access at 8:30 pm (Prior to Fireworks) Moore Road from Sandario Road to Postvale Road Sandario Road from Barnett Road to Moore Road Postvale Road/ One Way (North) before the fireworks Postvale Road/ One Way (South) after the fireworks Marana Police Department Checkpoints: Tangerine & Freeway (Both on East & West Side Frontage Road) Postvale Road & Barnett Road Barnett Road & Sandario Road Postvale Road & Moore Road Sandario Road & Moore Road (Starting at 8:00 pm) Lon Adams Road & Grier Road a u , a • �� 1 t v y• 4 r�^!" j x r r� r D �1 r I ^ r 3 z i; O , M M O At , rowA lLn v -itn„m = z O q CO) cn m m = O a << m n 0 = c c) v m C Z rg0� -.i m A O < "� C a c m to c. y to y Cl) z c r cn � z z m rn O o - n -i -j ;o -I ;b -1 v c -4 T m v_ z Cl) r - n O� O . X z� n y A p Z - < m A n N n rn m T n G)r- A z Ul -120 c 0 v� v A c s o > c M y n c? = A 44h ;u z -' Ammon n cn M n n n a� z m N o nxmo m m y ' m m n z 3 .� M — „ n c n �cnn v— z A n < O Or c W 'T7 C. Ul 2G)O z O C) o - n C ® 0 m .�.� D O m z w r N X p O m A -q "'� Z cn X n A X A ' m VAN �. IVA �• • - :�1 � � his =�ti. WE ur MA s t TOWN TOWN COUNCIL OF MEETING MARANA' INFORMATION DATE: June 17, 2003 AGENDA ITEM: IX. B. 2 TO: Mayor and Council FROM: Dick Gear, Community and Economic Development Director SUBJECT: Public Hearing do the Saguaro Ranch South Annexation Consideration of the Town of Marana's desire to annex approximately 131 acres adjacent to the Town of Marana's border in portions of Sections 20 and 29, T11S, R13E. The parcels within this annexation area are on the east side of the Tortolita Mountains and north of Tangerine Road. DISCUSSION: Pursuant to filing a blank petition with the Pima County Recorder's Office, this Public Hearing is mandated by State Statutes to be held within thirty days following such filing. All owners of real and personal property within the annexation area have been notified of this hearing, and have been given the opportunity to address the Mayor and Council with their concurrence or objections to this annexation. This annexation will bring into the Town acreage to be developed into large lot residences with extensive tracts of undisturbed land which will help to maintain this beautiful desert environment. These residential areas will require few services from the town. The Saguaro Ranch area is broken into two discrete annexations. This particular annexation is the southern block comprised of approximately 131 acres within Sections 20 and 29. RECOMMENDATION: No action is required — Public Hearing. SUGGESTED MOTIONS: No action is required. ADMIN/SRG /06/11/2003 - LEGAL DESCRIPTION TOWN OF MARANA ANNEXATION SAGUARO RANCH SOUTH PARCEL All that portion of Sections 20 and 29, Township 11 South, Range 13 East, Gila and Salt River Meridian, Pima County, Arizona more particularly described as follows: COMMENCING at the NW corner of said Section 29; Thence N 89 0 41'40" E, along the north line of said Section 29, a distance of 1985.43 feet to the POINT OF BEGINNING; Thence continuing along the north line of said Section 29 N 89 0 41'40" E, along the north line of said Section 29, a distance of 661.80 feet to the North % corner of said Section 29; Thence N 00 1 00'22" E a distance of 723.53 feet; Thence S 78 0 38'45" W a distance of 675.04 feet; Thence N 00 1 00'22" W a distance of 723.68 feet; Thence N 89 0 4457" E a distance of 661.96 feet; Thence N 89 0 45'39" E a distance of 1324.72 feet; Thence S 00 1 03'46" W a distance of 1317.63 feet to the north line of said Section 29; Thence S 00 0 0011" E a distance of 659.51 feet; Thence S 00 0 00'59" E a distance of 660.06 feet; Thence S 89 0 42'32" W a distance of 1323.83 feet; Thence S 00 0 01'58" E a distance of 330.16 feet; Thence S 84 0 5627" W a distance of 664.48 feet; Thence S 84 0 47'14" W a distance of 664.33 feet; Thence N 00 0 01'45" W a distance of 772.36 feet; Thence N 0 0 0 03'02°' E a distance of 330.35 feet; Thence N 8 9 ° 41'30" E a distance of 661.89 feet; Thence N 00 ° 00'23" W a distance of 660.51 feet to the north line of said Section 29, and the POINT OF BEGINNING. Containing 5 ,749,873 Sq. ft. or 132.00 Acres more or less. - � T 29869 y °. RICHARD D. 9 DAR-LING t q �B� ON �Iti AUSP • r EX HIBIT SAGUARO RANCH UTH PARCEL A PORTION OF SECTIO TOWNSHIP 11 SOUTH 20 k 29 j GILA AND SILT RIVER MERIDIAN 18 PIMA COUNTY, ARIZONA 17 16 I I 29869 do RICHARD D. o DAR -LING 19 < GNED S 20 I 9R �ZQfVA U. o , 21 3 ' o I POINT OF I BEGINNIN L I I .J I I I N I 30 Z I 29 I 28 � I 3 I I I" =2000' I I Af00RE ROAD ' � ' ZX � � M 31 3 32 33 DARLING — _ — — SECTION LINE ---------- ENVIRONMENTAL & I AREA TO DE suRVEY u-o G, � ♦y��� E PA2K � 1650 i " PH [52[11 29 8 -2725 + p 1 36 � T C90N AZ +'857 15 Ax rsz= zse -z767 EXISTING TOWN UM MS - DATE May I q 2003 JOB 1 0 Saguaro Canyon Ranch Community (Pima County) I PA FIN Po d o j LEGEND SAGUARO CANYON RANCH Saguaro Canyon Ranch Prop" Boundary 2V Subject Property Own= Quarter Mile Boundary 0 114 mile Exhibit I.A.3.a. _1 Town of Marana Boundary Z 'e1�r° } ," .fir. �.,� _. .1 �Lt. 4a y ,�� J ,„ �. .'.,Y y ,ay .' � .s •� �',�' � � a . ,. f C r�� _'fA Y � _ -.. i d ?,. '� x « , q t y `a t c f Ilk f _ r k w f x s = 1� F, .t } 5 Yti A L �- . Y: • J. f TOWN TOWN COUNCIL OF MEETING MARANA INFORMATION DATE: June 17, 2003 AGENDA ITEM: IX. B. 3 TO: Mayor and Council FROM: Dick Gear, Community and Economic Development Director SUBJECT: Public Hearing on the Saguaro Ranch North Annexation - Consideration of the Town of Marana's desire to annex approximately 461 acres adjacent to the Town of Marana's border in portions of Sections 17 and 20, T11S, R13E. The parcels within this annexation area are on the east side of the Tortolita Mountains and north of Tangerine Road. DISCUSSION: Pursuant to filing a blank petition with the Pima County Recorder's Office, this Public Hearing is mandated by State Statutes to be held within thirty days following such filing. All owners of real and personal property within the annexation area have been notified of this hearing, and have been given the opportunity to address the Mayor and Council with their concurrence or objections to this annexation. This annexation will bring into the Town acreage to be developed into large lot residences with extensive tracts of undisturbed land which will help to maintain this beautiful desert environment. This parcel is also slated to include a minor resort which will bring employment and revenue into the town with few services needed. The Saguaro Ranch area is broken into two discrete annexations. This particular annexation is the northern block comprised of approximately 461 acres within Sections 17 and 20. RECOMMENDATION: No action is required - Public Hearing. SUGGESTED MOTIONS: No action is required. ADMIN/SRG /06 /11/2003 LEGAL DESCRIPTION TOWN OF MARANA ANNEXATION SAGUARO RANCH NORTH PARCEL All that portion of the West 2 of Section 17 and the West'/ of Section 20 Township 11 South, Range 13 East, Gila and Salt River Meridi Arizona more particularly described as follows: an, Pima County, COMMENCING at the SW corner of said Section 20; Thence N 89 E, along the south line of said Section 20, a distan 1051.92 feet to the POINT OF BEGINNING; ce of Thence N 00 0 00'33" W a distance of 271.02 feet; Thence N 89 °26'20" E a distance of 79.44 feet; Thence N 00 0 50'16" E a distance of 516.43 feet; Thence S 89 0 37'18" W a distance of 858.45 feet; Thence N 00 0 35'03" W a distance of 20.26 feet; Thence S 89 ° 3649" W a distance of 280.75 feet to the west line ne of said Section Thence N 00 0 02'20" W, along the west line of said Section 20, a dista 1830.53 feet to the West % corner of said Section 20; nce of Thence N 00 0 03'11" E, along the west line of said Section 20, a distance 2637.57 feet to the Northwest corner of said Section 20; of Thence N 00 0 02'10" E, along the west line of said Section 17, a distance 2640.27 feet to the West 4 comer of said Section 17; of Thence N 0 0 0 01'16" E a distance of 1317.72 feet to the North 1/16 come Sections 17 and 18; r of Thence N 89 0 42'15" E a distance of 1322.94 feet to the Northwest 1/16 said Section 17; comer of Thence N 00002'08- E a distance of 659.39 feet; Thence N 89 °43'20" E a distance of 1322.68 feet a point on the line of said Section 17, North South mid- Thence S 00 °00'33" W along the North -South mid -line of said Section 17 a distance of 2971.03 feet; Thence S 89 0 38'32" W a distance of 1060.34 feet; Thence S 00 0 01'26" W a distance of 1643.87 feet to a point on the South line of said Section 17; Thence N 89 °40'15" E a distance of 1060.23 feet to the North % comer o Section 20; f said Thence S 00 0 00'20" E along the North -South mid -line of said Section 20 a distance of 1320.43 feet; Thence S 00 0 03'27" W a distance of 388.45 feet; Thence S 00 0 17'36" E a distance of 107.65 feet; Thence S 00 0 01'25" W a distance of 824.23 feet; Thence S 00 0 01'34" W a distance of 330.16 feet; Thence S 45 W a distance of 934.76 feet; Thence N 00 0 01'25" E a distance of 329.01 feet; Thence S 89 °45'16" W a distance of 662.38 feet; Thence S 00 E a distance of 657.88 feet; Thence S 00 0 01'26" W a distance of 279.76 feet; Thence S 00 E a distance of 1040.16 feet; Thence S 89 °41'40" W a distance of 271.66 feet to the POINT OF BEGINNING. L 0? Containing 20 ,076,815.73 Sq. ft. or 460.90 Acres more or less. 2986 � �\ L RICHARD[). 1 V DARLING) _ SIGNED? EXHIBIT �- SAGUARO RANCH NORTH PARCEL A PORTION OF SECTIONS 17 & 20, TOWNSHIP 11 SOUTH, RANGE 13 EAST GILA AND SALT RIVER MERIDIAN PIMA COUNTY, ARIZONA TOWN OF MARANA 29869 y ° ° RICHARD D. ; o DARLING I � gR �2ONA U S P 18 16 � - I = J a �. I I Z I a o 19 31: 0 21 0 I I i~ =2000' 0 O N \ POINT OF Z BEGINNING o�$ N 2 O Y ° 30 � °� x 29 28 75' 04 LEAD 75 =- -- 3 O DARLING ENVIRONMENTAL & SURVEYING, LTD, SECTION LINE 12LE E==TW PARK • 16 SD N. KDLE RC %lrE 136 ♦ TUCCD- AZ 857 1 5 ' '- - — ' — ' — • — • – AREA TO DE ANNEXED PH (5201 298-2725 * FAX :5215 298 -2767 - `2, �NNWQ EXISTING TOWN LIMITS DATc May 1 a, 2003 J05 r SCR -03 010 1 0 ' , jam Ahi E .V l VA r LEGEND SAGUARO CAINYON-MCH Saguaro Canyon Ranch Property Boundary Subject Property Quarter Mile Boundary 0 1/4 mHo 4% *0 Easements Exhibit I.A.3.a. Town of Marana BotrWary Z EXISTING TOWN TOWN • COUNCIL OF MEETING MARANA INFORMATION DATE: June 17, 2003 AGENDA ITEM: IX. B. 4 TO: Mayor and Council FROM: Jaret Barr, Assistant to the Town Manager SUBJECT: Resolution No. 2003 -65 Approving the Pre - Annexation and Development Agreement between the Town of Marana and Saguaro Ranch, L.L.C. DISCUSSION: Prior to completing the annexation of the area known as Saguaro Ranch into the Town of Marana, the Town of Marana and Saguaro Ranch, L.L.C. ( "Saguaro Ranch '') have developed a Pre - Annexation and Development Agreement ( "Agreement "). The Town believes that it will derive substantial economic, environmental, educational and other benefits by virtue of the development and improvement of the Property by the Developer; which will include additional sources of revenue to the Town, additional employment for the Town's residents and the preservation of natural wildlife habitat while requiring the • town to provide limited services. The Developer intends to develop and improve portions of the Property into an environmentally s ensitive single f amily residential subdivision with private streets and shall not disturb more than 20% of the property over the entire project area. In addition, a portion of the Property will be developed into a guest ranch, or minor resort, consistent with a smaller, village -like development for the homes located therein. The Developer has agreed to financial and other contributions to Pima County, referenced in this agreement, including a 2% Environmental Enhancement Room Tax for contribution for open space, dedication of trail easements and trailheads to Pima County, and monetary contributions for open space, parks and transportation. The Developer, for no additional consideration, shall contribute money toward a Regional Recreation Facility, a $1,200 per lot School Contribution, a $1,000 per lot Public Park Improvement Contribution, and will install and contribute necessary facilities for a Wide Wireless Area Network connection. Staff supports this Agreement and has forwarded it for council consideration. RECOMMENDATION: Staff recommends approval of the Pre - Annexation and Development Agreement between the Town of Marana and Saguaro Ranch, L.L.C. SUGGESTED MOTION: • I move to approve Resolution No. 2003 -65. t 4 • MARANA RESOLUTION NO. 2003-65 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, APPROVING A PRE - ANNEXATION AND DEVELOPMENT AGREEMENT BETWEEN THE TOWN OF MARANA AND SAGUARO RANCH, L.L.C. WHEREAS, the Town of Marana ( "Town ") and Saguaro Ranch, L.L.C. ( "Developer ") desire to Annex the Developer's 592 acres into the Town; WHEREAS, Developer and the Town desire to facilitate the development and improvement of the property as an integral part of the Town; and WHEREAS, the Town believes that it will derive substantial economic, environmental, educational and other benefits by virtue of the development and improvement of the property by Developer, which will include additional sources of revenue to the Town, additional employment for the Town's residents and the . preservation of natural wildlife habitat, while requiring the town to provide limited services; and WHEREAS, the Mayor and Council have determined that approval of the Agreement, attached hereto as Exhibit A and incorporated herein by this reference, is in the best interest of the Town and its residents. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana that the agreement, attached hereto as Exhibit A, is hereby approved, and Town officers and staff are authorized to execute the Agreement and take all steps necessary and proper to carry out its intents and purposes. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 17th day of June, 2003. Mayor BOBBY SUTTON, JR. • Marana, Arizona Resolution No. 2003 -65 — Page I of 2 4 ATTEST: Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: . Daniel J. Hochuli, Esq. As Town Attorney and not personally • Marana, Arizona Resolution No. 2003 -65 _ Page 2 of 2 1 LEGAL DESCRIPTION TOWN OF MARANA ANNEXATION SAGUARO RANCH SOUTH PARCEL All that portion of Sections 20 and 29, Township 11 South, Range 13 East, Gila and Salt River Meridian, Pima County, Arizona more particularly described as follows: COMMENCING at the NW comer of said Section 29; Thence N 89 0 41'40" E, along the north line of said Section 29, a distance of 1985.43 feet to the POINT OF BEGINNING; Thence continuing along the north line of said Section 29 N 89 E, along the north line of said Section 29, a distance of 661.80 feet to the North % corner of said Section 29; Thence N 00 0 00'22" E a distance of 723.53 feet; Thence S 78 0 3845" W a distance of 675.04 feet; . Thence N 00 0 00'22" W a distance of 723.68 feet; Thence N 89 0 44'57" E a distance of 661.96 feet; Thence N 89 0 4539" E a distance of 1324.72 feet; Thence S 00 0 03'46" W a distance of 1317.63 feet to the north line of said Section 29; Thence S 00 0 0011" E a distance of 659.51 feet; Thence S 00 0 00'59" E a distance of 660.06 feet; Thence S 89 0 42'32" W a distance of 1323.83 feet; Thence S 00 0 01'58" E a distance of 330.16 feet; Thence S 84 0 56'27" W a distance of 664.48 feet; Thence S 84 0 47'14" W a distance of 664.33 feet; • Thence N 00 0 01'45" W a distance of 772.36 feet; Thence N 00 1 03'02" E a distance of 330.35 feet; Thence N 89 0 41'30" E a distance of 661.89 feet; Thence N 00 0 00'23" W a distance of 660.51 feet to the north line of said Section 29, and the POINT OF BEGINNING. Containing 5,749,873 Sq. ft. or 132.00 Acres more or less. i L N S 29869 y° �o RICHARD D. a DARLING NA O LEGAL DESCRIPTION TOWN OF MARANA ANNEXATION SAGUARO RANCH NORTH PARCEL All that portion of the West'/ of Section 17 and the West'/ of Section 20, Township 11 South, Range 13 East, Gila and Salt River Meridian, Pima County, Arizona more particularly described as follows: COMMENCING at the SW corner of said Section 20; Thence N 89 0 41'40" E, along the south line of said Section 20, a distance of 1051.92 feet to the POINT OF BEGINNING; Thence N 00 0 00'33" W a distance of 271.02 feet; Thence N 89 0 26'20" E a distance of 79.44 feet; Thence N 00 0 50'16" E a distance of 516.43 feet; Thence S 89 0 37'18" W a distance of 858.45 feet; Thence N 00 0 35'03" W a distance of 20.26 feet; Thence S 89 0 3649" W a distance of 280.75 feet to the west line of said Section 20; Thence N 00 0 02'20" W, along the west line of said Section 20, a distance of 1830.53 feet to the West % comer of said Section 20; Thence N 00 0 03'11" E, along the west line of said Section 20, a distance of 2637.57 feet to the Northwest corner of said Section 20; Thence N 00 0 02'10" E, along the west line of said Section 17, a distance of 2640.27 feet to the West % comer of said Section 17; Thence N 00 0 01'16" E a distance of 1317.72 feet to the North 1/16 corner of Sections 17 and 18; Thence N 89 E a distance of 1322.94 feet to the Northwest 1/16 comer of said Section 17; Thence N 00 0 02'08" E a distance of 659.39 feet; Thence N 89 1 43'20" E a distance of 1322.68 feet a point on the North -South mid - line of said Section 17; Thence S 00 0 00'33" W along the North -South mid -line of said Section 17 a distance of 2971.03 feet; Thence S 89 0 3832" W a distance of 1060.34 feet; Thence S 00 0 01'26" W a distance of 1643.87 feet to a point on the South line of said Section 17; Thence N 89 0 40'15" E a distance of 1060.23 feet to the North % comer of said Section 20; Thence S 00 0 00'20" E along the North -South mid -line of said Section 20 a distance of 1320.43 feet; Thence S 00 0 03'27" W a distance of 388.45 feet; Thence S 00 0 17'36" E a distance of 107.65 feet; Thence S 00 0 01'25" W a distance of 824.23 feet; Thence S 00 0 01'34" W a distance of 330.16 feet; Thence S 45 0 04'07" W a distance of 934.76 feet; Thence N 00 0 01'25" E a distance of 329.01 feet; Thence S 89 0 45'16" W a distance of 662.38 feet; Thence S 00 0 00'30" E a distance of 657.88 feet; Thence S 00 0 01'26" W a distance of 279.76 feet; Thence S 00 0 00'48" E a distance of 1040.16 feet; Thence S 89 a distance of 271.66 feet to the POINT OF BEGINNING. L Containing 20,076,815.73 Sq. ft. or 460.90 Acres more or less. 2986 ° o RICHARD D. a DARLING 9 � /GNED gR�zONausP Saguaro Ranch Development Agreement THIS PRE - ANNEXATION AND DEVELOPMENT AGREEMENT (hereinafter "Agreement ") is made by and between the TOWN OF MARANA, an Arizona municipal corporation (hereinafter "Town ") and Saguaro Ranch, L.L.C., an Arizona Limited Liability Company (hereinafter "Developer "). WHEREAS, A. The Developer is the owner of approximately 592 acres of real property, located within Pima County, Arizona, as legally described on Exhibit "Saguaro Ranch South Parcel and North Parcel" (hereinafter referred to as the "Property") and the Town desires that the properties be annexed into the corporate limits of the Town and become an integral part of the Town. B. Developer and the Town desire to facilitate the development and improvement of the Property as an integral part of the Town. The Town believes that it will derive substantial economic, environmental, educational and other benefits by virtue of the development and improvement of the Property by Developer; which is believed to include additional sources of revenue to the Town, additional employment for the Town's residents and the preservation of natural wildlife habitat while requiring the town to provide limited services. C. The Town and the County intend to artner to seamlessly transfer County zoning p Y tY g and requirements imposed on this property to provide regional consistency and benefits in the public's best interest. Developer intends to develop and improve portions of the Property into an environmentally sensitive single family residential subdivision with private streets and shall not disturb more than 20% of the property over the entire project area. In addition, a portion of the Property will be developed into a guest ranch, or minor resort, consistent with a smaller, village -like development for the homes located therein. D. The Developer has agreed to financial and other contributions to Pima County, referenced in this agreement, the Developer will honor a 2% addition to the Environmental Enhancement bed tax contribution for open space, dedication of trail easements and trailheads to Pima County, and monetary contributions for open space, parks and transportation. E. The future development of the Property shall be subject to the rules and regulations applicable to the Property, including but not limited to the following: 1) Conditions of the Developer's preliminary block plat (the "Preliminary Plat "), approved by Pima County and attached as Exhibit 2) The Marana Development Code (including the written rules, regulations, procedures, and other policies relating to development of land, whether adopted by the Mayor and Council or by Town Staff) (hereinafter the "MDC "), collectively establishing, among other things, t he t ype o f t and uses, l ocation, d ensity a nd i ntensity o f s uch land uses, and community character of the Property, and providing for, among other things, the development of a variety of housing, commercial and recreation/open space opportunities. F. The Developer and the Town desire that the Property shall be developed in accordance with the Translation Zoning, Preliminary Plat, and MDC, as amplified and supplemented by this Agreement. The parties acknowledge that this Agreement is intended to be consistent with the foregoing, and operates to the benefit of the Town, the Developer, and the public. G The Town and the Developer agree to enter into discussions about a Community Facility District for community infrastructure improvements that can only happen by statute in an incorporated area of a municipality pending passage of this annexation. COVENANTS In consideration of the foregoing recitals, and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and Developer agree as follows: Annexation. The Town has initiated the annexation process by filing a blank annexation petition with the Pima County Recorder consistent with the requirements of Section 9 -471 of the Arizona Revised Statutes and all other applicable laws, ordinance and rules ( "The Annexation Laws "), to annex the property into the Town. The Town, in a timely fashion, published, mailed and posted the required notices to hold a public hearing, as required under the Annexation Laws in connection with annexation of the Property into the Town. Following the public hearing and the proper steps expressed A.R.S 9 -471 the Developer shall sign and deliver annexation petitions for the Property. It is understood by the parties that the Town Council retains the discretion to approve or deny the annexation ordinance. Original Zoning_ The land uses that are conducted and zoned on the Property in Pima County prior to annexation translate to RD -180 Residential Zone in the Town's Land Use and Development Code. The annexation laws require the Town to translate the zoning for the Property from the lawful uses, activities and zoning in Pima County to Town zoning upon annexation without permitting densities or uses that are greater than those permitted in Pima County prior to annexation. In order to establish original Town zoning which is consistent with the current lawful uses of the Property, and which minimizes non - conforming uses, upon annexation the Town shall impose RD -180 Residential Zone on the property. To the extent the uses and activities conducted on the Property in Pima County prior to annexation are authorized by law, the Town recognizes such lawful uses as legal nonconforming uses, and agrees that such uses may be continued as legal nonconforming uses after the property in annexed into the Town. Development Plans 1.1 Development Review The Property shall be developed in accordance with the Town approved Translation Zoning, the Preliminary Plat, Final Plat, and MDC, which set forth the basic land uses, densities and intensities of such land uses as presently authorized for the Property and development regulations related thereto. Upon compliance by the Developer with the applicable development review and approval procedures as set forth in the MDC and other Town Ordinances, rules, regulations and state laws, the Town agrees to approve or issue such permits, plans, specifications, and/or plats of or for the Property as may be requested by the Developer and which are consistent with the Translation Zoning, Preliminary Plat, and MDC. 1.2 Amendments to Agreement The Town and the Developer agree to cooperate and in good faith pursue any amendments to this Agreement that are reasonably necessary to accomplish the goals expressed in the Translation Zoning, Preliminary Plat, the Final Plat and MDC. Any amendment to the Agreement shall be approved and recorded pursuant to Section 8.13 hereof. 1.3 Archaeological/Historic Resources This development of this Property shall meet all Town requirements set forth in Title 2 and Title 20 of the Marana Town Code related to Archeological and Historic Resources. 1.5 Review of Building Permits All residential dwelling units shall be site built. This subsection shall apply to all land within the Property, whether sold in bulk or individually, whether subdivided or not, and shall apply to each and every lot and shall run with the land. 2. On -Site Infrastructure 2.1 Water Utilities It is understood that the Developer has secured Water Utilities through Tucson Water. The developer must show proof of this agreement to the Town before the Town will issue any building permits. 2.2 Wastewater The Developer shall secure the necessary sewer system to serve the Property. The sewer system shall be in conformance with, and subject to, the requirements of Arizona Department of Environmental Quality and the Town, and shall be designed and constructed at sole cost of the Developer. 2.3 Onsite Private Recreational Facilities Current ordinances of the Town require land contributions from the Developer towards a private park within the Property at t he r ate o f 185 s quare f eet t herefor p er s ingle f amily u nit. T he D eveloper's p rivate natural trail system through the property and the equestrian facility shall constitute compliance with all private park requirements. In observance of the Developer maintaining a t otal p roject d isturbance o f 2 0% and t he logistics o f t he terrain and t he area, the private natural trail system shall not carry a width requirement but upon final platting must be approved by the Parks and Recreation Director. The Developer shall receive a non - financial credit against such park requirements equal to the deemed width of the private natural trail multiplied by the actual length thereof. Site and facility design are normally approved by the Town Parks & Recreation Director and Development Services Administrator and shall be for this project. A. County Park Contribution 2.31 Community Improvements and Transportation Contributions The Developer shall contribute $50,000 for every lot sold after lot 15 (up to $1,000,000) to the County to be used for trail construction, open space, community improvements and transportation needs in the area. 2.32 Regional Public Park/Trail System. The Developer shall work with the Pima County to dedicate a trail easement to the County through the property for public point of access to the Tortolita Mountain Park and approximately a 2.2 -acre trailhead and parking area that is accessible by a public road and deemed acceptable by the County Administrator and the Developer. The Developer and the County are working together to abandon its current trail easement through the property at which time the Developer will contribute $50,000 dollars to the County for the construction and/or design of the trail. All must be completed to the satisfaction of the Developer, the Town Manager and the County Administrator before a Final Plat can be approved. B. Marana Park Contributions 2.34 Park Improvement Contribution. In lieu of providing the minimum acres of public park land as required by Town Ordinance, while recognizing the dedication of the trail system acceptable to the Development Services Administrator and Parks and Recreation Director, a $1,000 per subdivided residential lot (the "Park Improvement Contribution ") shall be due and payable at the time building permits are issued for each residential lot. Such Park Improvement Contribution shall be utilized to improve The Parks and the Trail System within the project vicinity. The Town shall grant the developer a pro -rated non - financial credit against the Park Improvement Contribution per remaining non - permitted residential lots for Town approved expenses incurred by the Developer for the Park and Trail System Improvements. These Park and Trail Improvements will also be approved by the Development Services Administrator and the Parks and Recreation Director. Park and Trail Improvements not eligible for credit include grading and dirt work by the Developer. 2.35 Regional Recreational Facility Town Ordinance requires the Developer to dedicate and develop a calculated acreage of parks per resident to the town for public park facilities and trail system. In understanding the nature of the terrain and the interest of the Town to maintain no more than a total project disturbance of 20 %, the Developer has agreed to contribute to a regional recreation facility in lieu of the public parks requirement. Within four months of the Final Plat recordation, The Developer, for no additional consideration, shall contribute $1,000,000 dollars that the Town, at its discretion, will dedicate all or most of the funds toward a new regional recreation facility. The lump sum payment shall be made no sooner than January 15, 2004 and no later than June 1, 2004. 2.4 RoadwU Improvements: Prior to approval of the Final Plat, the Developer shall work with the Development Services Administrator to identify and agree upon all roadway improvements needed for the project. 2.5 Fire Protection Prior to issuance of the certificate of occupancy for any dwelling unit, the Developer shall have completed the process of having the Property annexed into Northwest Fire District. 2.6 School Site $1,200 of the closing proceeds from each initial sale of a subdivided lot of the Property with a single family residence constructed thereon shall be paid to the Town as a school site contribution. The provisions of this Section, in addition to the other provisions hereof, shall be binding upon all grantees of all or any portion of the Property. 2.7 Wide Wireless Area Network (My AM Contribution For the benefit of the residents in the area and the Town of Marana, the Developer will install and contribute necessary facilities for a Wide Wireless Area Network connection, including, but not limited to infrastructure, power, receivers, connectivity and proper desert masking of needed WWAN items. 2.8 Responsibility for Financing Infrastructure I mprovements Upon request of the Developer, the Town staff shall process any request for a Community Facilities District ( "CFD ") pursuant to ARS 48 -701, et seq. and the Town's Guidelines for Establishment of Community Facilities Districts, and the Town Council shall reasonably consider such request for a CFD. 3. Environmental Sensitivity 3.1 Environmental Compliance The Developer shall remain in compliance with the County's updated comprehensive plan and will not violate any protected peaks or ridges in this area. The Developer shall establish a 10 year Natural Resource Management Monitoring Program to monitor the effect of the development in this area. 3.2 Protection of Open Space The Developer shall provide construction fencing to protect all natural areas or other areas be kept in their natural state as is during construction. The Developer shall not disturb more than 20% of the Property, including areas for emergency access, easements, roadways and drainage ways. The Developer shall comply with all Town grading requirements unless permitted otherwise herein. 3.3 Common Areas; Natural Open Space Common areas and any areas to be preserved as natural open space or undisturbed areas as shown on any plats or development plans relating to all or any portion of the Property may be conveyed to the RME or other permitted entities for management; or may be protected by deed restrictions, declarations of restrictive covenants, conservation easements, and dedications. 3.4 Environmental Enhancement Contribution The Developer agrees to add 2% Environmental Enhancement fee to the Bed Tax given to the County to be allocated toward open space and conservation efforts, which shall be determined in a separate agreement between the Developer and the County. 4. Cooperation and Alternative Dispute Resolution 4 Appointment of Representatives To further the commitment of the parties to cooperate in the progress of the Development, the Town and the Developer each shall designate and appoint a representative to act as a liaison between the Town and its various departments and the Developer. The initial representative for the Town (hereinafter "Town Representative ") shall be the Development Services Director, and the initial representative for the Developer shall be Stephen Phinney or a replacement to be selected by the Developer. The representatives shall be available at all reasonable times to discuss and review the performance of the parties to this Agreement and the development of the Property. 4.2 Timms The Town acknowledges the necessity for prompt review by the Town of all plans and other materials (hereinafter "Submitted Materials ") submitted by the Developer to the Town hereunder or pursuant to any zoning procedure, permit procedure, or other governmental procedure pertaining to the development of the Property and agrees to use its best efforts to accomplish such prompt review of the Submitted Materials whenever possible. 4.3 Default: Remedies If either party hereto defaults (the "Defaulting Party ") with respect to any of such party's obligations hereunder, then the other party hereto (the "Non- Defaulting Party") shall be entitled to give written notice in the manner prescribed in Section 8.1 to the Defaulting Party, which notice shall state the nature of the default claimed and make demand that such default be corrected. The Defaulting Party shall then have (i) twenty (20) days from the date of such notice within which to correct such default if it can reasonably be corrected by the payment of money, or (ii) thirty (30) days from the date of such notice to cure such default if action other than the payment of money is reasonably required, or if any such non - monetary default cannot reasonably be cured within sixty (60) days, then such longer period as may be reasonably required, provided and so long as such cure is promptly commenced within such period and thereafter diligently prosecuted to completion. If any such default is not cured within the applicable time period(s) set forth above in this Section 6.4, then the Non - Defaulting Party shall be entitled to commence an action at law or in equity in the Pima County Superior Court. The parties hereto agree that due to the size, nature and scope of the Development, and due to the fact that it may not be practical or possible to restore the Property to the condition which existed prior to Developer's development and improvement work, once implementation of this Agreement has begun, money damages and remedies at law will likely be inadequate and that specific performance will likely be appropriate for the enforcement of this Agreement. This Section shall not limit any other rights, remedies, or causes of action that either party may have at law or in equity. 5. Protected Development Rights A substantial commitment of resources have been made for public and private improvements such as but not limited to the water system, Park Improvements, roads, open spaces, trails and site work. Therefore, one of the purposes of this agreement is to establish legally protected rights for the development of the property in a manner which is consistent with the Preliminary Plat, the Plat Resolution, the Improvement Plan, the Grading Plan, the MDC, and this agreement, in order to ensure reasonable certainty, stability and fairness to the Developer and the Town over the term of this agreement. Toward this end, the Developer and Town agree that the zoning designations granted by the Specific Plan shall remain in effect and shall not be changed without the agreement of the Developer for the term of this agreement. 6. Future Impact Fees In consideration for the roadway described in paragraphs 2.4, sewer described in paragraph 2.2, water described in paragraph 2.1, and recreational facilities described in paragraphs 2.3 & 2.6, in the event the Town adopts an impact fee for the same infrastructure for which Developer has contributed land and/or made improvements and/or paid a voluntary fee pursuant to this Agreement, Developer 0 shall be entitled to a credit for such contributions as set forth in A.R.S. § 9- 463.05. 7. Notices and Filings 7.1 Manner of Serving All notices, filings, consents, approvals and other communications provided for herein or given in connection herewith shall be validly given, filed, made, transmitted or served if in writing and delivered personally or sent by registered or certified United States mail, postage prepaid, if to (or to such other addresses as either party hereto may from time to time designate in writing and deliver in a like manner): The Town: Town of Marana Town Manager 13251 N. Lon Adams Road Marana, Arizona 85653 With a copy to: Daniel J. Hochuli, Esq. Hochuh & Benavidez, P.C. 220 E. Wetmore Road, Suite 110 Tucson, Arizona 85705 The Developer: Developer 8. General Terms and Conditions 8 Term This Agreement shall become effective upon its execution by all the parties and the taking effect of a duly adopted resolution of the Town's governing body approving the Agreement (the "Effective Date "). The term of the Agreement shall commence upon the Effective Date and, unless sooner terminated by the mutual consent of the parties, shall automatically terminate and shall thereafter be void for all purposes twenty (20) years from the date of the Agreement. If the parties determine that a longer period is necessary for any reason, the term of this Agreement may be extended by written acknowledgment executed by the parties. 8.2 Waiver No delay in exercising any right or remedy shall constitute a waiver thereof, and no waiver by the Town or the Developer of the breach of any covenant of this Agreement shall be construed as a waiver of any preceding or succeeding breach of the same or any other covenant or condition of this Agreement. 8.3 Attorney In the event any party hereto finds it necessary to bring an action at law or other proceeding against any other party to enforce any of the terms, covenants or conditions hereof, or by reason of any breach of default hereunder, the party prevailing in any such action or other proceeding shall be paid all reasonable costs and reasonable attorneys' fees by the other party, all such costs and attorneys' fees shall be included therein, such fees to be set by the court and not by jury. 8.31 Legal Challenges The Developer shall bare any and all costs resulting from or pertaining to any legal challenges to the annexation of the parcel laid out in Exhibit "Al" and "A2" of this document and any of the terms and conditions of this agreement 8.4 Counterparts This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The signature pages from one or more counterparts may be removed from such counterparts and such signature pages all attached to a single instrument so that the signatures of all parties may be physically attached to a single document. 8.5 Headings and Recitals The descriptive headings of the sections of this Agreement are inserted for convenience only and shall not control or affect the meaning or construction of any of the provisions hereof. The Recitals set forth at the beginning of this Agreement are hereby acknowledged and incorporated herein and the parties hereby confirm the accuracy thereof 8.6 Exhibits Any exhibit attached hereto shall be deemed to have been incorporated herein by this reference with the same force and effect as if fully set forth in the body hereof. 8.7 Further Acts Each of the parties hereto shall execute and deliver all such documents and perform all such acts as reasonably necessary, from time to time, to carry out the matter contemplated by this Agreement. Without limiting the generality of the foregoing, the Town shall cooperate in good faith and process promptly any requests and applications for plat or permit approvals or revisions, and other necessary approvals relating to the development of the Property by the Developer and its successors. 8.8 Future Effect 8.8.1 Time Essence and Successors Time is of the essence of this Agreement. All of the provisions hereof shall inure to the benefit of and be binding upon the successors, assigns and legal representative of the parties hereto, except as provided in Section 9.8.2 below. Notwithstanding the foregoing, to the extent permitted by law, the Developer's rights hereunder may only be assigned by a written instrument, agreed to by all of the parties to the Agreement hereto and recorded in the Official Records of Pima County, Arizona, expressly assigning such rights, and no obligation of the Developer hereunder shall be binding upon anyone owning any right, title or interest in the Property unless such obligation has been specifically assumed in writing or unless otherwise required by law. The Town understands that the Developer may create one or more entities or subsidiaries wholly owned or controlled by the Developer or for purposes of carrying out the development of the Property as contemplated in this Agreement, and the Town's consent to the Developer's assignment of its rights hereunder to such entities or subsidiaries shall not be withheld. In the event of a complete assignment by Developer of all rights and obligations of Developer hereunder, Developer's liability hereunder shall terminate effective upon the assumption by Developer's assignee, provided that the Town has approved the assignment to such assignee, which approval shall not unreasonably be withheld. 8.8.2 Termination Upon Sale to Public It is the intention of the parties that although recorded, this Agreement shall not create conditions or exceptions to title or covenants running with the land. Nevertheless, in order to alleviate any concern as to the effect of this Agreement on the status of title to any of the Property, this Agreement shall terminate without the execution or recordation of any further document or instrument as to any lot which has been finally subdivided and individually (and not in "bulk ") leased (for a period of longer than one year) or sold to the end purchaser or user thereof and thereupon such lot shall be released from and no longer be subject to or burdened by the provisions of this Agreement. 8 No Partnership and Third Parties It is not intended by this Agreement to, and nothing contained in this Agreement shall, create any partnership, joint venture or M other arrangement between the Developer and the Town. No term or provision of this Agreement is intended to, or shall be for the benefit of any person, firm, organization or corporation not a party hereto, and no such other person, firm, organization or corporation shall have any right or cause of action hereunder. 8.10 Other Instruments Each party hereto shall, promptly upon the request of the other, have acknowledged and delivered to the other any and all further instruments and assurances reasonably request or appropriate to evidence or give effect to the provisions of this Agreement. 8.11 Imposition of Duty by Law This Agreement does not relieve any party hereto of any obligation or responsibility imposed upon it by law. 8.12 Entire Agreement This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof. All prior and contemporaneous agreements, representation and understanding of the parties, oral or written, are hereby superseded and merged herein. 8.13 Amendment No change or addition is to be made to this Agreement except by a written amendment executed by the parties. Within ten (10) days after any amendment to this Agreement, such amendment shall be recorded by, and at the expense of, the party requesting the amendment, in the Official Records of Pima County, Arizona. 8.14 Names and Plans The Developer shall be the sole owner of all names, titles, plans, drawings, specifications, ideas, programs, ideas, designs, and work products of every nature at any time developed, formulated or prepared by or at the instance of the Developer in connection with the Property or any plans; provided, however, that in connection with any conveyance of portions of the infrastructure as provided in this Agreement such rights pertaining to the portions of the infrastructure so conveyed shall be assigned to the extent that such rights are assignable, to the appropriate governmental authority. 8.15 Good Standing; Authority The Developer represents and warrants to the Town that it is duly formed and validly existing under the laws of Arizona and is authorized to do business in the state of Arizona. The Town represents and warrants to the Developer that it is an Arizona Municipal Corporation duly qualified to do business in the State of Arizona and is in good standing under applicable state laws. Each of the parties hereto represents and warrants to the others that the individual(s) executing this Agreement on behalf of the respective parties are authorized and empowered to bind the party on whose behalf each such individual is signing. 8.16 Severability If any provisions of this Agreement is declared void or unenforceable, such provision shall be severed from this Agreement, which shall otherwise remain in full force and effect. If any applicable law or court of competent jurisdiction prohibits or excuses the Town from undertaking any contractual commitment to perform any act hereunder, this Agreement shall remain in full force and effect, but the provision requiring such action shall be deemed to permit the Town to take such action at its discretion. If, however, the Town fails to take the action specified hereunder, the Developer shall be entitled to terminate this Agreement. 8.17 Governing Law /Arbitration This Agreement is entered into in Arizona and shall be construed and interpreted under the laws of Arizona, and the parties agree that any litigation or arbitration shall take place in Pima County, Arizona. In particular, this Agreement is subject to the provisions of A.R.S. 38 -511. This Agreement has been negotiated by the Town and the Developer, and no party shall be deemed to have drafted this Agreement for purposes of construing any portion of this Agreement for or against any party. Any dispute, controversy, claim or cause of action arising out of or relating to this Agreement shall be settled by submission of the matter by both parties to binding arbitration in accordance with the rules of the American Arbitration Association and the Arizona Uniform Arbitration Act, A.R.S. 12 -501 et seq., and judgment upon the award rendered by the arbitrator(s) may be entered in a court having jurisdiction thereof. 8.18 Recordation No later than ten (10) days after this Agreement has been executed by the Town and the Developer, the Town shall record the Development Agreement in its entirety in the Official Records of Pima County, Arizona. 8.19 No Developer Representations Except as specifically set forth herein, nothing contained herein shall be deemed to obligate the Town or the Developer to complete any part or all of the development of the Property. 8.20 Approval If any party is required pursuant to this Agreement to give its prior written approval, consent or permission, such approval, consent or permission shall not be unreasonably withheld or delayed. 8.21 Force Majeure If any party hereto shall be unable to observe or perform any covenant or condition herein by reason of "force maj eure," then the failure to observe or perform such covenant or condition shall not constitute a default hereunder so long as such party shall use its best effort to remedy with all reasonable dispatch the event or condition causing such inability and such event or condition can be cured within a reasonable amount of time. "Force majeure," as used here, means any condition or event not reasonably within the control of such party, including without limitation, "acts of God," s trikes, l ock -outs, o r o ther d isturbances o f e mployer /employee r elations; a cts o f public enemies; orders or restraints of any kind of government of the United States or any state thereof or any of their departments, agencies, or officials, or of any civil or military authority; insurrection; civil disturbances; riots; epidemics; landslides; lightning; earthquakes; subsidence; fires; hurricanes; storms; droughts; floods; arrests, restraints of government and of people; explosions; and partial or entire failure of utilities. Failure to settle strikes, lock -outs and other disturbances of employer /employee relations or to settle legal or administrative proceedings by acceding to the demands of the opposing party or parties, in either case when such course is in the judgment of the party hereto unfavorable to such party, shall not constitute failure to use its best efforts to remedy such a condition. Y IN WITNESS WHEREOF, the parties have executed this Agreement the day and year written below. TOWN: OWNER: TOWN OF MARANA, a municipal SAGUARO RANCH, L.L.C., an Arizona corporation limited liability company By: B Title: Title: ATTEST: By: Jocelyn Bronson Town Clerk APPROVED AS TO FORM: By: Daniel J. Hochuli, Esq. Town Attorney State of Arizona ) County of Pima ) The foregoing instrument was subscribed, sworn to and acknowledged before me this day of , 2003 by as of the Town of Marana, Arizona. Notary Public My commission expires: State of Arizona ) County of Pima ) The foregoing instrument was subscribed, sworn to and acknowledged before me this day of , 2003 by as of SAGUARO RANCH, L.L.C., an Arizona limited liability company. Notary Public My commission expires: • • 3 � TOWN COUNCIL TOWN MEETING OF INFORMATION MARANA DATE: June 17, 2003 AGENDA ITEM: IX. B. 5 TO: Mayor and Council FROM: Roy Cuaron, Finance Director SUBJECT: Adoption of the Fiscal 2004 Tentative Budget DISCUSSION: In coordination with Mayor and Council, staff has prepared a tentative budget of $77,185,503 for fiscal 2004. The tentative budget establishes the maximum spending limits for the fiscal year. Upon adoption of the tentative budget, state statute requires that it be published for two consecutive weeks. Council will then hold a public hearing and adopt the final budget. The final budget may not exceed the spending limits imposed by the tentative budget. However, Mayor and Council may reallocate funding among departments and/or programs. The FY04 budget provides the fiscal resources to implement the stated policies of Mayor and Council. The Capital Improvement Plan (CIP) clearly illustrates this point. The CIP budget of $52.8M represents 68% of the total budget. The major programs within the CIP are as follows: ♦ Transportation — approximately $14.9M of the CIP (28 %) is earmarked for roadway capacity improvements; $8.1M for improvements to Cortaro, Silverbell and Ina Roads, $2.OM for Tangerine Road improvements and $1.5M for the Twin Peaks Interchange. The latter project having been accelerated by ADOT due to the Town's proactive commitment to alternative funding sources. ♦ wort - $4.5M dedicated to improving runway capacity and construction of safety improvements, both of which are expected to spur economic development at the airport. ♦ Parks & Recreation - $5.5M budgeted for new park design and construction, including the Continental Ranch District Park, El Rio and Honea Heights neighborhood parks and the Santa Cruz River Trail System. ♦ Marana Town Center — nearly $27.5M programmed to design and construct a municipal complex, including approximately $6.2M in offsite infrastructure improvements. The Town's leadership and vision in funding offsite improvements is expected to "set the tone and tenor" of development in north Marana in addition to providing an economic stimulus for commercial development in the area. Residual ($6.3M) and new bond proceeds of $21.2M are expected to fund the project. In addition to CIP programs, the Council's commitment to customer service is also reflected in the FY04 budget. Approximately $709K has been appropriated to fund 15 FINANCFJRC /06/11/2003/2:10 PM - new positions, all of which are expected to expand and improve service delivery, both externally to the general public and internally to town staff. The police department is targeted to receive funding for four patrol officers and two dispatchers. To keep pace with the continued growth in the building and development industry, an additional permit clerk has been authorized in the building department. Other new positions include GIS analyst & technician, network information technician, inmate service coordinator, engineering aide, laborer (water) and special assistant to the manager. Other notable aspects of the FY 04 budget are as follows: • Increase of $5.3M, or 7.39 %, from FY 03 budget; • Non- recurring revenue of $4.OM expected . to fund recurring and non - recurring expenses • 50% increase in police training budget 0 70% increase in police community outreach programs • Two percent (2 %) increase in employee benefit costs • Merit opportunity for staff ranging from three to five percent • Reduction in use of cash reserves by $3.9M A summary version of the tentative budget is attached. A complete budget will be available at the meeting. . Staff is confident that the tentative budget reflects prudent use of fiscal resources and is consistent with the policy direction of Mayor and Council. Accordingly, staff recommends adoption of the tentative budget for FY 04 at $77,185,503. RECOMMENDATION: Staff recommends adoption of the tentative budget for fiscal 04 at $77,185,503. SUGGESTED MOTION: I move the Council adopt the tentative budget for fiscal 2004 at $77,185,503. FINANCE/RC/06 /11 /2003/2 :10 PM _ TOWN OF MARANA FY 04 BUDGET (summary overview) • Budget Revenues Amount Sales Tax - Town 12,634,360 Sales Tax - Transportation Fund 5,153,250 Total Sales Tax 17,787,610 Sales Tax 1,072,465 Urban Revenue 1,223,500 Auto Lieu 650,000 HURF 1,152,400 LTAF 94,280 Total State- Shared Revenues 4,192,645 Bldg. & Develop. Fees 2,900,000 Fines & Forfeitures 400,000 Franchise Fees 230,000 Business Licenses 86,000 Investment Income 490,000 Lease Income 467,000 Park & Rec Fees 120,000 Fire Dispatch Service Fees 2,165,000 Special Event Revenue 100,000 Other 1,932,400 Total Permits, Licenses & Fees 8,890,400 Total Recurring Revenues 30,870,655 M.A.N.T.I.S. 53,000 H.I.D.T.A. 55,270 Auto Theft 46,825 CDBG /HOME 205,000 Police/Court Grants 25,000 Other Grants 148,500 Park/Airport Grants 5,051,801 Total Grants 5,585,396 Water Revenues 1,297,800 Airport Revenue 70,000 Total Enterprise Funds 1,367,800 Bond Proceeds - Series 2003 21,190,000 Total Bond Funds 21,190,000 Impact Fee Income 1,500,000 PAG Funding 5,457,000 Total Restricted Revenues 6,957,000 Total Fiscal Year Revenues 65,970,851 Carry- Forward Funding 9,802,652 Fund Balance (Reserves) 1,412,000 Total Carry- Forward and Fund Balance 11,214,652 TOTAL REVENUES /AVAILABLE RESOURCES 77,185,503 Expenditures General Government 7,505,274 Town Council 134,186 Town Clerk 220,663 Town Manager 930,190 Human Resources 242,847 Finance 259,884 Legal 349,860 DSC Administration 2,436,687 Building Services 855,960 Planning & Zoning 479,853 Police 5,003,172 Court 497,763 Parks & Rec 1,725,563 • Public Works 1,712,138 Technical Services 678,827 Water 1,128,116 Airport 195,580 Capital Improvements Plan (CIP) 52,828,940 TOTAL EXPENDITURES 77,185,503 TOWN OF MARANA MAYOR AND COUNCIL FY 04 BUDGET Budget Amount Salaries, Wagres & Benefits Salaries 65,400 Fica 5,006 Suta 1,323 Worker's Comp. 1,308 Health Insurance 22,712 Dental Insurance 2,100 Life Insurance 735 Disability Insurance 1,680 Retirement 5,232 Total Salaries, Wages & Benefits 105,496 Contracted Services Equipment Rental 300 Total Contracted Services 300 Commodities & Supplies Office Supplies 2,000 Misc. Office Equipment 1,500 Total Commodities & Supplies 3,500 Other Charges & Services Telephone 5,500 Travel & Training 14,500 Dues & Subscriptions 2,890 Postage 2,000 Total Other Charges & Services 24,890 Total 134,186 • 06/06/2003 12:06 PM TOWN OF MARANA CLERK'S OFFICE FY 04 BUDGET Budget Amount Salaries, Wages & Benefits Salaries 62,408 Hourly 54,993 Overtime 1,000 Fica 9,058 Suta 567 Worker's Comp. 296 Health Insurance 9,734 Dental Insurance 900 Life Insurance 315 Disability Insurance 720 Retirement 9,472 Total Salaries, Wages & Benefits 149,463 Contracted Services Computer Support 1,000 Equipment R & M 5,000 Records Retention & Destruction Program 400 Webb Intern 10,400 . Total Contracted Services 16,800 Commodities & Supplies Office Supplies 10,000 Total Commodities & Supplies 10,000 Other Charges & Services Community Relations 15,000 Recording & Advertising 18,000 Telephone 800 Travel & Training 5,100 Dues & Subscriptions 500 Postage 5,000 Total Other Charges & Services 44,400 Total 220,663 06/09/2003 8:51 AM TOWN OF MARANA MANAGER'S OFFICE FY 04 BUDGET Budget Amount Salaries. Wages & Benefits Salaries 504,928 Hourly 33,373 Fica 37,660 Suta 2,079 Worker's Comp. 1,719 Health Insurance 35,691 Dental Insurance 2,700 Life Insurance 1,157 Disability Insurance 2,640 Retirement 43,064 Total Salaries, Wages & Benefits 665,011 Contracted Services Contract Labor 8,000 Equipment R & M 500 Professional Services 100,000 Public Relations 10,000 Annexation Services 10,000 Community /Special Events 7,500 Total Contracted Services 136,000 Commodities & Supplies General Office Equipment 2,000 Office Supplies 6,000 Total Commodities & Supplies 8,000 Other Charges & Services Dues & Subscriptions 3,000 Postage & Printing 1,500 Telephone 7,000 Travel & Training 8,500 Total Other Charges & Services 20,000 Furniture, Fixtures & Equipment 3,000 Subtotal 832,011 Contingency 9 8,179 Total 930,190 TOWN OF MARANA HUMAN RESOURCES FY 04 BUDGET Budget Amount Salaries, Wages & Benefits Salaries 109,712 Hourly 21,826 Overtime 0 Fica 10,063 Suta 756 Worker's Comp. 329 Health Insurance 9,734 Dental Insurance 900 Life Insurance 315 Disability Insurance 720 Retirement 10,523 Total Salaries, Wages & Benefits 164,877 Contracted Services Consultant Services 2,500 Computer Support 7,000 Contract Services 1,000 Total Contracted Services 10,500 Other Charges & Services Recruitment/Employment Process 21,000 Telephone 550 Department Professional Development 3,500 Dues & Memberships 1,450 Postage & Printing 2,500 Office Supplies 1,500 Publications & Subscriptions 1,500 Health & Safety 6,770 General Office Equipment 750 Miscellaneous 1,200 Total Other Charges & Services 40,720 Special Programs Employee Relations /Newsletter 10,000 P.A.G. T.R.P. 1,500 Professional Development 15,000 Total Special Programs 26,500 Furniture, Fixtures & Equipment 250 Total 242,847 06/06/2003 12:23 PM TOWN OF MARANA ACCOUNTING AND FINANCE FY 04 BUDGET Budget Amount Salaries, Wages & Benefits Salaries 113,138 Hourly 23,944 Overtime 1,000 Fica 10,564 Suta 567 Worker's Comp. 346 Health Insurance 9,734 Dental Insurance 900 Life Insurance 315 Disability Insurance 720 Retirement 11,047 Total Salaries, Wages & Benefits 172,274 Contracted Services Audit 67,000 Computer Support 3,000 Total Contracted Services 70,000 Commodities & Supplies Office Supplies 6,610 Total Commodities & Supplies 6,610 Other Charges & Services Telephone 600 Travel & Training 2,000 Dues & Subscriptions 300 Postage & Printing 2,100 Fiscal Charges 6,000 Total Other Charges & Services 11,000 Furniture, Fixtures & Equipment 0 Total 259,884 06/09/2003 8:45 AM TOWN OF MARANA DEVELOPMENT SERVICES ADMINISTRATION FY 04 BUDGET Budget Amount Salaries, Wages & Benefits Salaries 153,889 Hourly 810,415 Overtime 20,000 Fica 74,147 Suta 6,615 Worker's Comp. 47,847 Health Insurance 107,072 Dental Insurance 9,600 Life Insurance 3,465 Disability Insurance 7,920 Retirement 78,742 Total Salaries, Wages & Benefits 1,319,712 Contracted Services Communications Expense 8,000 Contract Labor 15,000 Equipment Rental 19,000 Fleet Management 45,400 Landscape Maint. Services 75,000 Street Striping 95,000 Street Sweeping 85,000 Uniform Rental /Purchase 13,000 Weed Control 65,000 Total Contracted Services 420,400 Commodities & Supplies Fuel & Oil 174,000 General Office Supplies 20,000 Operating Supplies & Equip 122,000 Small Tools 34,400 Street Maintenance 175,000 Street Signs 75,000 Traffic Light Maint. 15,000 Utilties - Street Lights 33,000 Total Commodities & Supplies 648,400 Other Charges & Services Dues & Subscriptions 425 Travel & Training 4,650 Telephone 11,600 Postage 9,000 Photographic & Reproduction Costs 3,000 Misc. 500 Total Other Charges & Services 29,175 Furniture, Fixtures & Equipment 19,000 Total 2,436,687 06/09/2003 8:47 AM TOWN OF MARANA BUILDING FY 04 BUDGET Budget Amount Salaries, Wages & Benefits Salaries 263,306 Hourly 362,948 Overtime 5,000 Fica 48,292 Suta 3,024 Worker's Comp. 12,627 Health Insurance 51,914 Dental Insurance 4,800 Life Insurance 1,681 Disability Insurance 3,840 Retirement 50,498 Total Salaries, Wages & Benefits 807,930 Contracted Services Repair and Demolition Fund 3,000 Intern Labor 2,000 Contract Labor 500 Subtotal - Other 5,500 Computer Support 1,000 CRW Training 1,500 CRW License Fee 3,000 Subtotal - CRW 5,500 Total Contracted Services 11,000 Commodities & Supplies Office Supplies 4,700 Code Books and Reference Materials 1,000 Operating Supplies, Tools & Equipment 3,601 Total Commodities & Supplies 9,301 Other Charges & Services Dues & Subscriptions 2,000 Travel & Training 14,000 Certifications 2,000 Telephone 7,000 Miscellaneous 200 Total Other Charges & Services 25,200 Furniture, Fixtures & Equipment 2,529 Total 855,960 06/09/2003 - 8:53 AM TOWN OF MARANA PLANNING AND ZONING FY 04 BUDGET Budget Amount Salaries, Wages & Benefits Salaries 249,092 Hourly 61,981 'Overtime 1,000 Fica 23,874 Suta 1,512 Worker's Comp. 3,450 Health Insurance 25,957 Dental Insurance 2,400 Life Insurance 840 Disability Insurance 1,920 Retirement 24,967 Total Salaries, Wages & Benefits 396,993 Contracted Services Professional Services 18,000 Equipment R &M 1,000 Contract Labor 1,000 Computer Maintenance 1,000 Internships 10,500 Equipment Rental 750 Total Contracted Services 3 2,250 Commodities & Supplies General Office Supplies 7,500 Small Tools & Equipment 1,000 Computer Software /Hardware 3,000 Total Commodities & Supplies 11,500 Other Charges & Services Dues & Subscriptions 4,410 Travel & Training 7,000 Telephone 2,500 Photographic & Reproduction Costs 18,000 Postage 200 Publications /Notifications /Advertisiting 3,000 Misc. 1,000 Total Other Charges & Services 36,110 Furniture, Fixtures & Equipment 3,000 Total 479,853 06/06/2003 11:28 AM • • • TOWN OF MARANA POLICE FY 04 BUDGET Budget Amount Salaries, Wages & Benefits Salaries 467,599 Hourly 3,044,823 Overtime 100,000 Holiday Pay 90,000 Shift Pay 16,000 Fica 284,463 Suta 16,443 Worker's Comp. 101,185 Health Insurance 282,280 Dental Insurance 26,100 Life Insurance 9,135 Disability Insurance 20,880 Retirement 235,455 Total Salaries, Wages & Benefits 4,694,362 Contracted Services Repairs & Maint. - Small Tools & Equip. 15,700 Professional/Testing Fees 8,700 Uniforms 56,800 Pager Rental 4,800 Total Contracted Services 86,000 Commodities & Supplies Office Supplies 28,000 Grant Funded Equipment 25,000 Small Tools & Equipment 49,420 Total Commodies & Supplies 102,420 Other Charges & Services Dues & Subscriptions 8,514 Travel & Training 60,000 Telephone 14,000 Postage 2,000 Staff Support 876 Community Outreach Programs 35,000 Total Other Charges & Services 120,390 Total 5,003,172 1 0 06/06/2003 11:36 AM TOWN OF MARANA COURT FY 04 BUDGET Budget Amount Salaries, Wages & Benefits Salaries 123,506 Hourly 188,315 Overtime 1,000 Fica 23,933 Suta 1,701 Worker's Comp. 784 Health Insurance 29,201 Dental Insurance 2,700 Life Insurance 945 Disability Insurance 2,160 Retirement 25,028 Total Salaries, Wages & Benefits 399,273 Contracted Services Public Defenders /Conflict Resolution 33,500 Interpreter 2,250 Judge Pro -Tem 4,200 Jury Fees 1,250 Equipment Repair 2,000 S.C. ACAP Fee /Jury Plus 9,300 Other Consultant Services 7,000 Total Contracted Services 59,500 Commodities & Supplies Office Supplies 12,600 Total Commodities & Supplies 12,600 Other Charges & Services Dues & Subscriptions 2,390 Travel & Training 13,000 Telephone /Pager 2,000 Postage 2,500 Total Other Charges & Services 19,890 Furniture, Fixtures & Equipment 6,500 Total 497,763 06/09/2003 8:50 AM TOWN OF MARANA PARKS and RECREATION FY 04 BUDGET Budget Amount Salaries, Wages & Benefi Salaries 120,917 Hourly 932,434 Overtime 10,000 Fica 81,348 Suta 11,934 Worker's Comp. 16,580 Health Insurance 136,273 Dental Insurance 9,600 Life Insurance 3,360 Disability Insurance 6,180 Retirement 72,557 Total Salaries, Wages & Benefits 1,40 Contracted Services Computer Support 3,400 Contracted Services 7,000 Special Events 26,000 Equipment Rental /Repair 2,000 Facility Maintenance 45,000 Transportation 10,000 Total Contracted Services 93,400 Commodities & Supplies First Aid Supplies 6,000 Small Tools & Equip. 25,100 Office Supplies 11,000 Pool Chemicals & Supplies 10,000 Irrigation Supplies & Repairs 20,000 Landscape Materials 70,000 Scholarships 1,000 Senior Adult Program 12,000 Recreation Supplies 14,000 Awards & Prizes 2,000 Uniforms 3,000 Field Trips 24,000 Total Commodities & Supplies 198,100 Other Charges & Service Dues & Subscriptions 2,500 Postage 1,000 Travel & Training 17,000 Telephone 6,500 Advertising & Publicity 5,880 Total Other Charges & Services 3 Furniture, Fixtures & Equipment 0 Total 1,725,563 06/06/2003 11:53 AM TOWN OF MARANA PUBLIC WORKS FY 04 BUDGET Budget Amount Salaries, Wages & Benefits Salaries 626,555 Hourly 275,415 Overtime 10,000 Fica 69,766 Suta 3,780 Worker's Comp. 45,642 Health Insurance 63,272 Dental Insurance 5,850 Life Insurance 2,050 Disability Insurance 4,680 Retirement 72,957 Total Salaries, Wages & Benefits 1,179,968 Contracted Services Communications Expense 500 General Engineering Services 100,000 Development Review 294,000 Neighborhood Cleanup Program 1,000 Uniform Rentals /Purchases 2,000 Equipment Rental 1,000 Right of Way Services 4,000 Interns 27,000 Total Contracted Services 429,500 Commodities & Supplies Drafting & Office Supplies 18,000 Computer Software 15,000 Small Tools & Equipment 12,290 Total Commodities & Supplies Other Charges & Services Dues & Subscriptions 10,000 Advertising, Postage & Reproductions 2,500 Telephone 9,000 Travel & Training 13,880 Total Other Charges & Services 3 5,380 Furniture, Fixtures & Equipment 22,000 Total 1,712,138 06/06/2003 11:22 AM TOWN OF MARANA AIRPORT FY 04 BUDGET Budget Amount Salaries, Wages & Benefits Salaries 68,975 Fica 5,277 Suta 189 Worker's Comp. 172 Health Insurance 3,245 Dental Insurance 300 Life Insurance 105 Disability Insurance 240 Retirement 5,518 Total Salaries, Wages & Benefts 84,021 Contracted Services Consultant Services 29,973 Facilities Maintenance 28,000 Refuse 750 Legal General Services 200 Total Contracted Services 58,923 Commodities & Supplies Office Supplies 500 Equipment Maintenance & Repair 2,000 Small Tools & Equipment 135 Total Commodities & Supplies 2,635 Other Charges & Services Travel & Training 1,500 Dues & Supscriptions 500 Postage and Printing 1,000 Electricity 45,000 Telephone 1,000 Total Other Charges & Supplies 49,000 Furniture, Fixtures & Equipment 1,000 Total 195,579 06/09/2003 8:56 AM TOWN OF MARANA WATER FY 04 BUDGET Budget Amount Salaries, Wages & Benefits Salaries 129,997 Hourly 156,406 Overtime 3,400 Fica 22,170 Suta 1,512 Worker's Comp. 6,985 Health Insurance 24,337 Dental Insurance 2,250 Life Insurance 790 Disability Insurance 1,800 Retirement 23,184 Total Salaries, Wages & Benefits 372,831 Contracted Services Water Sampling, Testing & Reporting 13,500 Uniform Rental 1,500 Equipment Maintenance & Repair 5,700 Equipment Rental 700 System Repairs & Maintenance 294,645 Construction Surveillance Fees 50,000 Consultant Services 108,800 Wholesale Water 175,000 Total Contracted Services 649,845 Commodities & Supplies Office Supplies 5,700 Shop Supplies 1,500 Small Tools & Equipment 5,000 Chlorination 5,000 Total Commodities & Supplies 17,200 Other Charges & Services Advertising, Printing & Publishing 2,000 Travel & Training 6,500 Dues & Supscriptions 14,890 Postage 6,000 Permits & Licenses 4,300 Electricity - Wells 42,800 Telephone 4,000 Safety 1,000 Withdrawal Fees 2,500 Total Other Charges & Supplies 83,990 Furniture, Fixtures, & Equipment 4,250 Total 1,128,116 06/09/2003 9:05 AM Q O o 0 0 0 0 o o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o co kn00o0 v, C) C) 0 000 O 0000000 o v 0 0 0 0 t- 0 0 0 000 O O o O O O o O o O O N O O N O tr Vn 666 O kr kf O O O O O O r- O V) W) O O v1 r- 00 O O H V'i M M O 00 Ln M 'r I� N kn In h�o M N N N N O� O O O d O CD O G> V b a ° o ° O ° 0 ° O 0 N 00 O t!1 O 1.0 00 14 00 tn O O O I� M N N M 0p -+ N It; 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H >av�v�3 ¢3xwv�x¢Hi�av� V ^' O M 1:T N O\ tom- N M t- •--� V d• N •-+ M IC T O\ O C O•+ M M M a\ a\ m 0 0 0 ci o M t- W 0 -+ N w O O 0 LO. Z 9 O O O O o 0 0 0 O O O O O O o O N O 0 0 N O 0 0 O M0 N Q ON 0 0 0 0 0 0 0 0 0 o N CN O o 0 0 0 0 0 Cl 0 0 0 0 00 O Q 0 0 0 0 0 0 0 0 0 0 o cfl C C C C " C C ON C r v 00 0000 0 �o o� o � o oN o �i 00 O O !1 M O N [� •--� N N N •--� r- 00 .-r N ^O O 0 G�i V ^CS O •L � O [� ON LYi \O y O O O O C M d V � O O a O y o }ter 00 ON ON H C r U w N O o 0 0 ° ° O O o ° o d a H � w o o N N Cq O O p O C� 0 11') L a y F H � a U � C o -o a, CIS U Ua.�c", o o ° > c 0 CIS O U uo C 0 Wiz. �- U U ¢ •O u y 03 C� wH 32v�v� a: • �' C ' C p C � C\ M N h M M •� � N N N N - O N v� 1.? O O Z M M M M O N M M M N 3. 0 0 0 0 0 0 0 0 0 p. O O o o 0 o o o o O N N N N N N N N N p O 0 June 17, 2003 ITEM IX. B. 6 Executive Session - Pursuant to A.R.S. 38431.03 (A)(1), to conduct interviews with applicants for the Planning and Zoning Commission and for the Board of Adjustment.