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HomeMy WebLinkAboutCouncil Agenda Packet 10/07/2003 TOWN OF MARANA, ARIZONA COUNCIL MEETING AGENDA 13251 N. Lon Adams Road M October 7, 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 Reuwsaat Welcome to this Marana Council Meeting. Regular Council Meetings are usually held the first and third Tuesday of each month. at 7:00 p.m. at the Marana. Town Hall, although the date or time may change, or Special Meetings may be called at other times and/or places. Contact Town Hall or watch for posted agendas for other meetings. This agenda may be revised up to twenty -four hours prior to the meeting. In such a case a new agenda will be posted in place of this agenda. If you are interested in speaking to the Council during Petitions and Comments, Public Hearings, or other agenda items, you must fill out a speaker card (at the rear of the Council Chambers) and deliver it to the Clerk in advance of the agenda item you wish to address. It is up to the Mayor and Council whether individuals will be allowed to address the Council on issues other than Announcements, Petitions & Comments, and Public Hearings.. All persons attending the • Council Meeting, whether speaking to the Council or not, are expected to observe the Council Rules, as well as the rules of politeness, propriety, decorum and good conduct. Any person interfering with the meeting in any way, or acting rudely or loudly will be removed from the meeting and will not be allowed to return. To better serve the citizens of Marana and others attending our meetings, the Council Chamber is wheelchair and handicapped accessible. Any person who, by reason of any disability, is in need of special services as a result of their disability, such as assistive listening devices, agenda materials printed in Braille or large print, a signer for the hearing impaired, etc., will be accommodated. Such special services are available upon prior request, at least ten (10) working days prior to the Council. Meeting For a copy of this agenda or questions about the Council Meetings, special services, or procedures, please contact Jocelyn. C. Bronson, Town Clerk, at 682 -3401, Monday through Friday from 8:00 a.m. to 5:00 p.m. ACTION MAY BE TARN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA. Amended agenda items appear in italics. • Posted by October 3, 2003 by 7:00 o'clock p.m., at the Marana Town Hall, Marana Police Department, Marana Development Services Center. 0 1 TOWN OF MARANA ARIZONA COUNCIL MEETING AGENDA 13251 N. Lon Adams Road October 7, 2003 - 7:00 p.m. I. CALL TO ORDER H. PLEDGE OF ALLEGIANCE M. INVOCATION/MOMENT OF SILENCE IV. ROLL CALL V. APPROVAL OF AGENDA VI. ACCEPTANCE OF MINUTES Minutes of the September 16, 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. L Pima County staff update on mosquito issue and flood control levee issue: 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 -110 Intergovernmental Agreement with the State of Arizona Department of Transportation for partial funding for the construction of the Santa Cruz River Shared -Use Path (Farbad Moghimi) 2. Resolution No. 2003 -106: Heritage Highlands VII Final Plat: Request for approval of a Final Plat for a 152 -lot single - family subdivision on 45.4 acres within the Dove Mountain Specific Plan, located west of Dove Mountain Blvd., and north of Heritage Gateway Avenue, in a portion of Section 24, Township 11 South, Range 12 East (Joel Shapiro) 2 TOWN OF MARANA, ARIZONA COUNCIL MEETING AGENDA. 13251 N. Lon Adams Road i October 7, 2003 - 7 :00 p.m. 3. Resolution No. 2003 -112: Request by Marana Police Department for submission of projects for consideration in Arizona's 2003 Highway Safety Plan (Richard Vidaurri) 4. Resolution No. 2003 -113: Memorandum of Understanding (Intergovernmental Agreement) between the City of Tucson and Town of Marana Police Department for sharing law enforcement information via COPLINK (Richard Vidaurri) 5. Resolution No. 2003 -114 Ratifying the Cooperative Agreement between the Town and the Bureau of Land Management (Leslie Liberti) 6. Resolution No. 2003 -117 Authorization to enter into an Intergovernmental Agreement (IGA) between the Town of Marana and Pima. County for the management and implementation of the 2003 Community Development Block Grant Program (Dan Groseclose) 7. Resolution No. 2003 -119 Orange Grove I -10 Plaza Final Plat: A request for final plat approval on 26 acres to construct a 20 -lot light industrial subdivision located between the Union Pacific Railroad and westbound Interstate 10 Frontage Road on the south side of Orange Grove Road, in a portion of Sections 7 & 8, Township 13 South, Range 13 East (Joel Shapiro) • 8. Resolution No. 2003 -120 Old West Business Park Final Plat: A request by John and Tracey Gutierrez for final plat approval on 4.28 acres to allow for an eight -lot industrial complex in the HI (Heavy Industrial) zone located on the east side of Camino Martin approximately 1,000 feet south of Jeremy Place in a portion of Section 6, Township 13 South, Range 13 East (Joel Shapiro) 9. Resolution No. 2003 -123: Request by Northwest Fire District to annex certain property known as the Marana Town Center Right-of-Way Reyher Partnership to Town of Marana (Parcel 4) in order to provide fire protection services (Jocelyn Bronson) 10. Resolution No. 2003 -124 Resolution authorizing an intergovernmental agreement with the Town of Oro Valley designating each Town's attorney as the A.R.S § 9- 500.12 exaction and dedication hearing officer for the other (Frank Cassidy) 11. National Arts and Humanities Mouth Arts Proclamation (Sandy Groseclose) B. COUNCIL ACTION 1. Resolution No. 2003 -115: Resolution authorizing purchase by condemnation of a portion of Tax Parcel No. 219- 36 --006B for the construction of roadway improvements at and near the intersection of Tangerine and Thornydale Roads (Frank Cassidy) 3 Y TOWN OF MARANA, ARIZONA COUNCIL MEETING AGENDA 13251 NR Lon Adams Road October 7, 2003 - 7 :00 p.m. 2. Resolution No. 2003 -116: Resolution authorizing purchase by condemnation of certain Continental Ranch Community Association lands for the construction of a 14 -foot wide multi -use path and associated landscaping and other amenities (Frank Cassidy) 3. Resolution No. 2003 -121: Gladden Farms Block 4 Preliminary Plat A request by Gladden Forest LLC for preliminary plat approval of a 47 -lot single family detached home subdivision on approximately 15 acres within the Gladden Farms Development. The proposed subdivision will be located on Block 4 of the Gladden Farms Block Plat, directly south of Moore Road and approximately 1/3 mile west of the new Lon Adams Road, within Section 34, Township 11 South, and Range 11 East (Joel Shapiro) 4. Resolution No. 2003 -122: Gladden Farms Block 3 Preliminary Plat: A request by Gladden Forest LLC for preliminary plat approval of an 814ot single family detached home subdivision on approximately 21 acres within the Gladden Farms Development. The proposed subdivision will be located on Block 3 of the Gladden Farms Block Plat, directly south of Moore Road and approximately % mile west of the new Lon Adams Road, within Section 34, Township 11 South, and Range 11 East (Joel Shapiro) 5. Ordinance No. 2003.23: Santa Cruz/Avra Valley Road Annexation: Consideration • and approval of an annexation comprising approximately 105 acres of land on the west side of Interstate 10 and south of Avra Valley Road and the Santa Cruz River. The annexation incorporates three parcels of land wholly owned by the Town of Marana. The parcels lie in the southeast quarter of Section 8, and the northeast quarter of Section 17, Township 12 South, Range 12 East, Salt River Meridian, Pima County, Arizona (Dick Gear) 6. Executive Session Discussion and consultation for legal advice with the Town Attorney pursuant to A.R.S. § 38431.03(A)(3) concerning the Town's rights and obligations relative to the use and development of the property commonly known as Tangerine Crossing, located at the northeast corner of Tangerine and Thornydale Roads (Frank Cassidy) C. MAYOR AND COUNCIL'S REPORT D. MANAGERS' REPORT X. UPCOMING EVENTS XI. FUTURE AGENDA ITEMS XII. ADJOURNMENT • Bobby Sutton, Jr., Mayor 4 e e PLACE AND DATE Marana Town Hall, September 16, 2003 I. CALL TO ORDER Mayor Sutton at 7:02 p.m. II. PLEDGE OF ALLEGIANCE Led by Mayor Sutton III. INVOCATION/MOMENT OF SILENCE A moment of silence was observed. IV. ROLL CALL COUNCIL Bobby Sutton, Jr. Mayor Present Herb Kai Vice Mayor Excused Jim Blake Council Member Present Patti Comerford Council Member Present • Tim Escobedo Council Member Present Ed Honea Council Member Present Carol McGorray Council Member Present STAFF Michael Reuwsaat Town Manager Present Frank Cassidy Town Attorney Present Jocelyn Bronson Town Clerk Present Jim DeGrood Development Services Administrator Present Jaret Barr Assistant to the Town Manager Present Joel Shapiro Pl annin g Director Present Attached is a list of public attendees. / V. APPROVAL OF AGENDA Upon motion by Council Member Comerford, seconded by Council Member Honea, the agenda was unanimously approved. • 1 ��'T�MBE .21103 VI. ACCEPTANCE OF MINUTES Upon motion by Council Member Blake, seconded by Council Member McGorray, the minutes of the September 2, 2003 regular Council meeting were unanimously approved. VII. CALL TO THE PUBLICIANNOUNCEMENTS There were no announcements or speakers from the public. VIII. STAFF REPORTS There were no questions regarding the staff reports. IX. GENERAL ORDER OF BUSINESS A. CONSENT AGENDA 1. Resolution No. 2003 -109 Purchase Agreement for improvements of State Land between the Town of Marana and Dan and Patricia Post (Jaret Barr) 2. Resolution No. 2003 -107 Intergovernmental Agreement with Pima County to extend the Marana Construction Works! Affordable Housing Program (Dick Gear) 3. Discussion and Direction Request for a parks superintendent, one additional laborer to act as a. trades helper for facilities maintenance (Jane Howell) Upon motion by Council Member Escobedo, seconded by Council Member McGorray, the consent agenda was unanimously approved. B. COUNCIL ACTION 1. Resolution No. 2003 -108 Approval of Construction Manager at Risk Contract for the construction of the Marana Municipal Complex (Jim DeGrood) Mr. DeGrood spoke before the Council regarding this item. He explained that D.L. Withers Construction, Inc. had been working with Town staff since late 2002 as a consultant on the new municipal complex and had offered a guaranteed maximum price for the project. 2 MIN LTN E' f • He said that the offered price, $18,247,674.00, was consistent with the budget that was approved by the Council this past summer. He recommended approval of the proposed contract. Upon motion by Council Member Comerford, seconded by Council Member Blake, Resolution No. 2003 -108 was unanimously approved. Mr. Reuwsaat introduced Mark Thompson, Project Manager from D.L. Withers, Inc. to the Council and public. Mr. Thompson indicated that two other company representatives, Dan Withers, Owner and President, and David Bradley, Vice President, were also present in the audience. Both gentlemen expressed their appreciation and eagerness to work with the Town on the municipal complex project. 2. Ordinance No. 2003.23 Authorizing an exchange of real property to reconfigure the Marana Municipal Complex for the new Town Hall improvements and the execution of a Real Estate Exchange and Development Agreement with Reyher Partnership and Marana 348 Limited Partnership (Jim DeGrood) Mr. Reuwsaat resented this item before Council and d outlined the benefits of the proposed property exchange. He noted that several minor changes had been made to the Real Estate Exchange and Development Agreement previously distributed as backup material for the Council. He provided handouts to the Council of the edited document and noted that the changes reflected a desire by the Developer to seek a charitable donation status in association with the property exchange. The edited version of the agreement has been made a permanent part of this record. Mr. Cassidy addressed the Council and stated that, due to the Towri s reconfiguration of the municipal complex site in order to align the property more closely with Civic Center Drive, an orphaned piece of property north of Civic Center Drive had been created. He acknowledged that the Developer was offering a 0.64 acre parcel in the proposed exchange while the Towns property was approximately 0.5 acres. He confirmed that it was appropriate for the Developer to seek the charitable donation status and that the Town was accommodating this effort. Upon motion by Council Member Escobedo, seconded by Council Member Blake, Ordinance No. 2003.23 was unanimously approved. 3 3. Discussion/Direction For information on the Regional Effluent Planning Partnership (Farhad Moghimi) Mr. Reuwsaat began the discussion and introduced Mark Myers, consultant to the Town on water related issues. Mr. Myers briefly synopsized the Town's participation in the Regional Effluent Planning Partnership (REPP), a Federal /local planning study with the Bureau of Reclamation and formally named the "Tucson Area Water Reuse Study'. He said that the project had evolved over the last several years from a multi- partner, broad -based regional planning forum for effluent utilization to the current focus on two specific projects. The two projects are the Town of Marana's proposed Westside Effluent Reuse Pipeline and agricultural distribution system (WERP), and the expansion of the City of Tucson s reclaimed water system. He explained that, although the nature of the study had evolved over time, the Congressional and Title 16 requirements for the study had not changed. He conveyed that the Bureau of Reclamation must submit feasibility studies to Congress for each of the two projects now encompassed by the study. Mr. Myers provided the Council with an informational sheet explaining in detail the REPP progress. This Status Summary has been made a permanent part of the record. He continued by stating that WERP consisted of two elements that could be constructed and operated independently of each other. He said the first element was a pipeline diversion from the Ina Road wastewater treatment plant that would provide effluent supplies to parks, schoolyards and environmental enhancement projects along the Santa Cruz River between Ina Road and the Rillito Narrows. The second WERP element consisted of a much larger system designed to divert effluent from the Santa Cruz River and provide effluent for agricultural use west and northwest of the Rillito Narrows. He noted that he and Mr. Moghimi had been working closely with Council Member Kai, the Cortaro - Marana Irrigation District (CHID), and BKW Farms to determine a method in which effluent could be used as a source of supply for agricultural uses. He mentioned that the Bureau's feasibility study was scheduled for completion by September 30, 2003, and would then be submitted to Congress. He emphasized that the submittal would not obligate Marana to any of the project options but that if the Town decided to commit to the project then lobbying for funding would be the next step in the process. No action was required for this item and there was no further discussion. 4 4. Resolution No. 2003 -103: Gladden Farms Block 6 Preliminary Plat A request by Richmond American Homes for preliminary plat approval of a 112 -lot single family detached home subdivision on approximately 25 acres within the Gladden Farms detached home subdivision on approximately 25 acres within the Gladden Farms Development. The proposed subdivision will be located on Block 6 of the Gladden Farms Block Plat, directly south of Moore Road and east of the new Lon Adams Road, within Section 34, Township 11 South, and Range 11 East (Joel Shapiro) Joel Shapiro presented this item before the Council. He said that this project had been unanimously recommended for Council approval by the Planning Commission on July 30, 2003. He briefly outlined the proposed subdivision plan which consisted of 112 single family detached homes on approximately 25 acres within the Gladden Farms Block Plat. He noted that the project, zoned R-6 with average lot sizes of 6,270 square feet, would contain both single and two -story homes but that the subdivision was limited to 30% along Lon Adams Road as well as an overall maximum 50% restriction of the total number of two -story homes. He added that no more than two consecutive two -story homes would be allowed to be adjacent to one another. Mr. Shapiro continued by describing other features of this project such as fence returns, roadway access into the development, off -site park and recreation requirements, and the treatment of the entire eastern boundary of the Gladden Farms development. He mentioned that ongoing negotiations with the developer regarding the eastern boundary were taking place and that Richmond American and Gladden Forest were willing to dedicate this area to the Town as a connecting trail system between the Santa Cruz River and the Ora Mae Hain District Park. He said that the Town would landscape and maintain the area following its dedication. Council Member Blake inquired about the requirements for two -story home placement, specifically the restrictions contained within the development agreement associated with corner placement. Mr. Shapiro replied that there was no such restriction at this time but that a Town Code amendment was being considered that would address this issue. Upon motion by Council Member Honea, seconded by Council Member Escobedo, Resolution No. 2003 -103 was unanimously approved. 5 O Z� 9;20�t 3 5. Resolution No. 2003 -104: Gladden Farms Block 10 Preliminary Plat A request by Richmond American Homes for preliminary plat approval of an 84 -lot single family detached home subdivision on approximately 26 acres within the Gladden Farms Development. The proposed subdivision will be located on Block 10 of the Gladden Farms Block Plat, directly south of Gladden Farms Drive and west of the new Lon Adams Road, within Section 34, Township 11 South, and Range 11 East (Joel Shapiro) Mr. Shapiro described this item to the Council. He said that the proposed project, unanimously recommended for Council approval by the Planning Commission on July 30, 2003, was located directly south of Gladden Farms Drive and west of the new Lon Adams Road. He described the development as having 84 single- family detached home lots on 25.57 acres and as being zoned R -8 with an average lot size of 9,205 square feet. He said that this subdivision would also contain both single and two -story homes with limitations of two -story home placement similar to the previously heard project. He added that the subdivision provided several important trail connections. Council Member Honea asked about height restrictions and whether or not Richmond American had requested relief from the 25 foot height limitation associated with the R -8 zoning designation. Mr. Shapiro replied that the developer had not made any such request but would be held to the 15 -foot setback between homes as specified by the Northwest Area Plan if height limitation relief was sought. Upon motion by Council Member Honea, seconded by Council Member McGorray, Resolution No. 2003 -104 was unanimously approved. 6. Resolution No. 2003 -99: Pima Farms Village Preliminary Plat A request for approval of a preliminary block plat consisting of four blocks on approximately 156 acres located at the northeast corner of Pima Farms Road and N. Scenic Drive, in a portion of Section 29, Township 12 South, Range 12 East (Joel Shapiro) Michael Racy, representing Diamond Ventures, spoke before the Council regarding this item. He relayed that this project consisted of 156 acres and was subject to the Pima Farms Specific Plan. He said that the project contained only four blocks and that only two of those blocks were being developed. He detailed certain pertinent facts such as dedicated trail heads, the large central development area, and a 70 -acre portion of the 6 Q project that would be reserved as natural open space. He commented that 65 acres out of the 70 acres would be covered under a conservation easement and preserved in perpetuity. He added that the natural buffer would be left intact with only enhancements such as native plants added. He said that the trail head could be gated if necessary and that there could also be enhancements added at that site as well. He reported that the majority of neighborhood concerns regarding desert preservation had been met. Council Member Honea complimented Mr. Racy on this project and asked about lot size restrictions. Mr. Racy replied that the developers had committed on record to lot sizes of 6,000 square feet or larger. Mayor Sutton asked about buffering and lot sizes on the eastern boundary of the project area. Mr. Racy replied that the buffer area would be enhanced and that there would be larger lot sizes up to a 12,000 sq. ft. range. Mr. Barr commented that, although the logistics of this project had been settled, the conservation needs were still in the negotiation stage. Upon motion by Council Member Honea, seconded by Council Member Blake, Resolution No. 2003 -99 was unanimously approved. 7. Ordinance No. 2003.21 A request to extend and increase the corporate limits of the Town of Marana by annexing that territory known as the Cochie Canyon Trail North (Dick Gear) Mr. Reuwsaat presented this item to Council. He reported that signed petitions representing 100 percent of the property owners and 100 percent of the real and personal property value had been received. He recommended approval of the proposed ordinance. Upon motion by Council Member Escobedo, seconded by Council Member Blake, Ordinance No. 2003.21 was unanimously approved. 8. Ordinance No. 2003.22 A request to extend and increase the corporate limits of the Town of Marana by annexing that territory known as the Cochie Canyon Trail Northwest (Dick Gear) 7 Mr. Reuwsaat spoke to the Council about this item. He said that the annexation request also had signed petitions representing 100 percent of the property owners and the property value. He recommended approval of the Council action. Upon motion by Council Member McGorray, seconded by Council Member Blake, Ordinance No. 2003.22 was unanimously approved. C. MAYOR AND COUNCIL'S REPORT Mayor Sutton reported on meeting with Governor Napolitano recently and commented that her outlook for the State of Arizona was positive. D. MANAGERS' REPORT Mr. Reuwsaat reported that the Town Hall meeting recently held at the Marana Operations Center (MOC) by Congressman Jim Kolbe had been well attended with over 100 people from the public. He thanked Mike Mencinger and staff for their preparations of the MOC. Mr. Reuwsaat continued his report and said that he and the Mayor would be involved in interviews all day on Wednesday, September 17th, for the new Executive Director of the Pima Association of Governments (PAG). He expected a recommendation for the position to be announced by September 24th. He reminded the Council of the upcoming Oro Valley State of the Town event scheduled for Thursday, September 18th and urged everyone to attend. He noted that the Mayor and he had attended a Greater Tucson Economic Council (GTEC) breakfast meeting yesterday where Mayor Sutton had been a featured speaker. He observed that the GTEC meeting provided a good opportunity to make new connections for the Town. He confirmed that a meeting with GTEC officials was scheduled for next week at the Marana Northwest Regional Airport in order to discuss the airport's development. He reported that a public meeting showcasing the Santa Cruz River Trail was recently held at Coyote Trail Elementary School and that there was terrific response to the Town's vision. He said that 150 people attended the public meeting. Mr. Barr reported that ongoing meetings were being held related to the planning of the Marana . Heritage Park. He said that he would inform the Council of the progress as details developed. 8 q z. X. UPCOMING EVENTS There were no upcoming events discussed. XI. FUTURE AGENDA ITEMS No future agenda items were suggested. XII. ADJOURNMENT Upon motion by Council Member Escobedo, seconded by Council Member McGorray, approval to adjourn was unanimous. The time was 7:45 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on September 16, 2003. I further certify that a quorum was present. Jocelyn Bronson, Town Clerk 9 MARANA TOWN COUNCIL MEETING Public Attendees DATE: Name Address /V S loop— A 909 .. 7c� ✓f 1VI4RANA TOWN COUNCIL MEETING Public Attendees DATE: - _I Name Address �<LS - 7 t 11 4. r�Q &4 A _bA-V i o 6-o i i i) 27-0 E l a - Ca F. r S' 9 � ©s� 110 c zJ<.o 83Q44 IU SA\ M1J F-Wr1y /UC,SeFJ efcJe. fl��� t <UEK PSa k,: RN 'tcLAM - T L T T S r. t a1j zz � !✓lt L lzi /7�iY,�� �•s �-�� �. -47 f 7 f MARANA TOWN COUNCIL MEETING Public Attendees DATE: Name Address Oct 02 03 04 , .10p PC PW ADMAN 5207408448 p.2 PUBUC WORKS ML PIMA COUNTY Public works Administration Websita: www.ca.pima.ar.u. /vbe M. Boreal, too N. Stone Ave., Suite 00 Tel.: 520.20S.8350 D epat y County Adminialrator Tucson, Arizona 65701 tax: 520105.8360 October 2, 2003 Mr. Mike Rcuwsaat Town Manager Town of Marana Town Hall 13251 N. Lon Adams !toad Marana, Arizona 85653 Re: Marana'fown Council Meeting of October 7, 2003 Dear Mr. Reuwsaat: At the request of Chairperson Sharon Bronson, Public Works staff, including representatives from Pima County }Mood Control District and Pima County Solid Waste Management will attend the Town Council Meeting of* October 7, 2003. The topics that we have been requestcd to report on to the Town Council arc: 1. Flood insurance snap revisions on the Santa Cruz. River in the Town of Marana; and 2. Mosquito monitoring update for the Ina Road tiro collection facility. For the benefit of your Council, I am enclosing two brief status reports on these topics for your use in preparation for this meeting. 1 look forward to discussing these matters with you and the Town Council on October 7' Sincerely, n M. Be nal eputy County Administrator — Public Works Enclosures As Statcd Cc: Thc flonorablc Sharon Bronson, Chair, Pima County Board ot'Supervisors C:.11. ltuckclberry, (:aunty Adrninictrator Kathleen M Chavez, Director, Wastcwater Management Oct 02 03 04:11p PC PW RDMIN 5207408448 p.3 FLOOD INSURANCE MAP REVISIONS LOWER SAN'T'A CRUZ FLOOD CONTROL LEVEE Pima County Flood Control district October 1. 2003 The Federal Emergency Management Agency (FEMA) is requiring sonic additional work to be performed, based on their sriet. interpretation of requirements for levees (a minimum of 3 feet of freeboard). The following information provides an update of the actions taken by Pirna County to raise elevations along the lever and Avra Valley Road in order to ntect FEMA's requirements l'or the rc- mapping of the Santa Cruz River and 100 -ycar iloodplain for the Lower Santa Cruz Flood Control Lcvcc. Lower Santa Cruz Levee Maintenance Operations should complete regrading the levee by October 10, 2003. The estimated amount of fill material needed to raise levee is 160 cubic yards. Avra VaIlcy Road In order to complete the elevation work on the northcm shoulder of Avra Vailey Road adjacent to I lappy Acres and Milligan's Acres, Pinta County will pertorm an expedited bid during the week of October G The engineer's estimate is $66,000. The procurement process will take ten working days. Construction will take three to four wcc;ks. The estimated completion date is the end of November 2003. Revisions to Retnannin Our consultant (MMLA) is rcvising the flood model, based on the proposed elevations along the levee and Avra Valley Road. MMLA will provide the as -built survey, once work and the final revisions arc completed, as required by FL'MA. The submittal of the revised flood modcl and survey will be completed in Deacmher 2003. FEMA Processine in order to complete the work, Pima County has requested a time extension fiom FEMA. Once FEMA receives the Pima County's information, it will take FEMA one to three months to review with an additional month for processing. Thereafter, there is a statutory 90-day technical appeal period. The Final time Iine is five to seven months; the new maps should be official by June 2004. Flood insurance Premium Refund Individuals who pay flood insurance can be reimbursed for that year's premiums, once the new Flood Insurimcc Ratc Maps are official. Premium refunds arc providcxl; "If no t.-laian under the f)olicy has beenlaaid or is pending the, /itll premium .shall hc. rej;indc!d jor the rurrew policy year, and for an additional policy ycar where the insured had been required tea renew the policy durnnt f the period when a revised map wtxs being rt prinlad. " ( Code of Federal Regulations 44 § 62.5.) Oct 02 03 04tilp PC PW RDMIM 5207408448 p.4 Mosquito Monitoring Update Pima County Solid Waste Management October 1, 2003 Solid Waste Management (SWM*) is aware of community concerns regarding the Ina Road 'fire Collection Site as a potential mosquito breeding ground. We have the same concerns for our facility operations employees. As a result, during each wet smsion, the tire cells arc monitored by the Pima County I Icalth Department. Rainwater does collect for short periods of time in some of the tires after significant storm events, but does not remain in the tires for long due to evaporation from the high summcr temperatures. A description of the mosquito monitoring; performc d during the 2003 summcr monsoon season, and associated monitoring results, are presented below. Monitoring )Events and Results The liealth Department has performed routine vector inspection this summcr, and through September. Per conversation with Javier Leon of the Health Department, these monitoring events have included: • June 2003 - No mosquito larvae or adults growing in the tires. August 2003 - No mosquito larvae or adults growing in the tires. September 2003 - On September 2nd, four test sites tested positive for mosquito larvae and were treated. Traps were set the second week of September; the Health Department is presently waiting for results. On September 30, health staff dipped in 75 -100 tires yesterday, and found larw,ac in 6 tires. The checked tires checked Wert; easily accessible. As a result, the I lealth Department presumes there are larvae in tires that are not accessible. Their staff intends to again trap for mosquitoes next week. The I lealth Department did recently receive a mosquito complaint from people using the Ina Road Sportspark, so they are planning to check for the presence of mosquitoes around the Ina Road WPCI: in the near future. Per the County Procurement Department, the off -the -road (07'R) tire contract for tiro removal is ready for Gnvirote.cchs signature. Envirnt4ch is planning; to meet with Procurement and sign the contract this week; final County approval should be received early next week. Thcrcforc, l nvirotcch will likely begin removing tires from the remaining OTR cells starting; next week. Prior to arrival of Enviratec:h, the Health Department has recommended that SWM continue to tip tires over to spill any contained water. Accordingly, SWM operations personnel are again tipping accessible OTR tires this week. Relocation Plans for Ina Road Tire Collection Site During; the past year, the tire piles at the Ina Road collection site have been reduced in number from approximately 50 cells to less than 10 cells, or a reduction of approximately RO percent. At the same time, the County has begun evaluating alternative locations for the Tire Collection Site. One site the County has considered consists of approximately 300 acres adjacent to the Pinal Air Park on the Pima County final County border, SWM prepared a preliminary cost estimate for establishing; the necessary infrastructure for a tire collection site: at this location. The estimated cost ranged from $1,750,000 to $2,250,000. This site also has tloodplain issue+ the southwestern pgrtion of the site has been designated a potential E•'I'MA noodwuy due to proximity to the Santa Cruz River. In addition, the County Administrator has recently indicated that this property will he oflered fbr possible sale, or exchange, in the future. The County is also considering; the implementation of a new regional integrated waste management facility, pending; results of a siting; study and approval by the Board of Supervisors. Although the potential opening of this facility would be several years in the future, a waste tire collection site would be a fundamental component of the waste management operations. This would be a viable long -term solution for the waste tire site. TOWN COUNCIL TOWN MEETING OF INFORMATION MARANA DATE: October 7, 2003 AGENDA ITEM: IX. A. 1 TO: Mayor and Council FROM: Farhad Moghimi, P.E., Public Works Director, Town Engineer SUBJECT: Resolution No. 2003 -110: Intergovernmental Agreement with. the State of Arizona Department of Transportation for partial funding for the construction of the Santa Cruz River Shared -Use Path. DISCUSSION: The Town of Marana has received authorization for federal funds for construction and administration of construction for the Santa Cruz River Shared -Use Path. Federal funding for this project is programmed through the Federal Highway Administration ( "FHWA ") and is administered by the State of Arizona Department of Transportation ( "State "). The FHWA and the Town will bear prescribed proportions of the construction and construction engineering costs in accord with the agreement. • Under the Intergovernmental Agreement the State will be the Town's authorized agent for the project and will recommend the project for construction and federal funding. In addition, the State will designate the Town as lead agent to contract for and administer construction of the Shared -Use Path. The Town will proceed to advertise for, receive and open bids for construction. This Intergovernmental Agreement will enable the State to make progress payments to the Town for the direct costs of construction, plus construction engineering within thirty (30) days of receipt and approval of an invoice from the Town. RECOMMENDATION: Staff recommends the approval of the Intergovernmental Agreement with the State of Arizona. SUGGESTED MOTION: I move to approve Resolution No. 2003 -110 • • MARANA RESOLUTION NO. 2003-110 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AUTHORIZING THE TOWN OF MARANA TO ENTER INTO AND THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF ARIZONA DEPARTMENT OF TRANSPORTATION FOR PARTIAL FUNDING FOR THE CONSTRUCTION OF THE SANTA CRUZ RIVER SHARED -USE PATH. WHEREAS, the Town of Marana ( "Town ") has previously applied for and received authorization for federal funds for construction and administration of the shared -use path; and, WHEREAS, the State of Arizona Department of Transportation ( "State ") shall be the Town's authorized agent for the project and shall recommend this project for construction and federal funding through Federal Highway Administration ( "FHWA "); and, WHEREAS, the cost of construction and construction engineering covered by the attached Agreement is to be borne by FHWA and the Town, each in the proportions prescribed in the Agreement; and, WHEREAS, the State designates the Town as lead agent to contract for and administer • construction of the project; and, WHEREAS, the Town will abide by the terms of the Agreement and will proceed to advertise for, receive and open bids for construction of the project; and, WHEREAS, the State will make progress payments to the Town for direct costs of the construction of the project, plus construction engineering within thirty (30) days of receipt and approval of an invoice from the Town. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the T own o f Marana, Arizona, that the Town of Marana is authorized to enter into and the Mayor to execute an Intergovernmental Agreement with the State for partial funding of the Shared -Use Path, in the form presented to the Mayor and Council concurrently with this Resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 7th day of October, 2003. ATTEST: Mayor BOBBY SUTTON, JR. Jocelyn C. Bronson. Town Clerk APPROVED AS TO FORM: • Frank Cassidy, Town Attorney Marana Resolution No. 2003 -110 - f AG Contract No. KR 03- 1065TRN ADOT ECS File No. JPA 02 -205 Project No.: TEA- Mrn- 0(012)A, (013)A TRACS No.: SL 475 -01 C, SL 486 -01 C Project: 14 foot path located along the Santa Cruz River 5 year Item No.: PAG- 2003 -7 TIP INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND THE TOWN OF MARANA THIS AGREEMENT is entered into 2003, pursuant to Arizona Revised Statutes, Sections 11 -951 through 11 -954, as amended, between the STATE OF ARIZONA, acting by and through its DEPARTMENT OF TRANSPORTATION (the "State ") and THE TOWN OF MARANA acting by and through its MAYOR and TOWN COUNCIL (the "Town "). I. RECITALS 1. The State is empowered by Arizona Revised Statutes Section 28-401 and 28 -334 to enter into this and has delegated to the undersigned the authority to execute this agreement on behalf of the State. 2. The Town is empowered by Arizona Revised Statutes Section 9 -240 to enter into this agreement and has by resolution, a copy of which is attached hereto and made a part hereof, resolved to enter into this agreement and has authorized the undersigned to execute this agreement on behalf of the Town. 3. Congress has authorized appropriations for, but not limited to, twelve eligible categories of transportation enhancements activities. 4. Such project within the boundary of the Town has been selected by the Town; the field survey of the project has been completed; and the plans, estimates and specifications have been prepared and, as required, submitted to the Federal Highway Administration (FHWA) for its approval. 5. The Town will construct a 14 foot pathway, along the intermediate and upper banks of the Santa Cruz River for a distance of approximately 3.75 miles. The path will be constructed of asphalt concrete and across drainage channels with Portland cement concrete. There will be two landscaped rest areas and information centers. The Town will be responsible for the maintenance, provide electrical and water connections as necessary as well as provide landscape and irrigation to the project area, hereinafter' referred to as the "Project". The Town will be the lead agency for the Project. • Page 2 JPA 02 -205 The estimated construction costs are as follows: Construction Tracs No.: SL 475 -01 C, SL 486 -01 C Estimated Federal -aid funds @ 94.3% $ 998,400.00 Estimated Town of Marana Funds at a minimum of 5.7% $ 714,400.00 Total Estimated Construction Cost (incl. 15% CE Cost): $1,712,800.00 THEREFORE, in consideration of the mutual covenants expressed herein, it is agreed as follows: Il. SCOPE OF WORK 1. The State will: a. Agree ,to be the Town's authorized agent for the Project and submit a program containing the aforementioned project to FHWA with the recommendation that it be approved for construction and funding. b. Approve the Project if such project construction funds are available by FHWA for construction of the Project, the State does hereby designate the Town as lead agent to contract for and administer such construction. c. Enter into a Joint Project Agreement (JPA) with FHWA on behalf of the Town covering the work embraced in said construction contract and will request the authorized federal funds available, including construction engineering and administration costs. d. After bid opening and award of the construction contract by the Town, make progress payments to the Town for the direct actual cost of the construction of the Project, plus construction engineering, within 30 days after receipt and approval of an invoice. 2. The Town will: a. With the aid and consent of the FHWA and the State, using Arizona Procurement Procedures, will proceed to advertise for, receive and open bids. Subject to the concurrence of FHWA and the State, the Town will enter into a contract(s) with a firm(s) to whom the award is made for the construction of the project. Such project to be performed, completed, accepted and paid for in accordance with the requirements of the Project Plans, Special Provisions and Standard Specifications. b. Be obligated to incur any expenditure should unforeseen conditions or circumstances increase the cost of said work required by a change in the extent or scope of the work called for in this agreement. c. Acquire the necessary rights -of -way required for project construction and hereby certifies that all necessary right -of- way have been or will be acquired prior to advertisement for bids and shall remove from the proposed right -of -way all obstructions or unauthorized encroachments of whatever nature, either above or below the surface of the project area and hereby certifies that all obstructions and encroachments have been or will be removed there from prior to the start of construction. d. Furnish all water for landscaping installation, a point of connection (POC) for the irrigation system, if necessary, and all water necessary to properly maintain the landscaping, all at the Town's expense. e. Upon completion of construction, shall provide for, at its own cost and as an annual item in its budget for perpetual and proper maintenance of all Santa Cruz River Shared Use Path improvements, including, but not limited to: Page 3 JPA 02 -205 ➢ Maintaining healthy landscaping ➢ Operation and cost of irrigation ➢ Operation and cost of lighting and electricity, as necessary ➢ Removal and treatment of weeds ➢ Safe access to pedestrian facilities ➢ Safe access to bicycle facilities As required to maintain the safety and visual quality as established at the Project completion. f. Install for each project, an ADOT - provided plaque identifying the Project as part of the Transportation Enhancement Program. h. Upon completion of construction, allow free public access to the Project improvements during normal business flours. III. MISCELLANEOUS PROVISIONS 1. The State assumes no financial obligation or liability under this agreement. The Town assumes full responsibility for the design, plans and specifications, reports, the engineering in connection therewith, and the construction of the improvements contemplated, cost over -runs and construction claims. It is understood and agreed that the State's participation is confined solely to advancing highway user revenue funds; that any damages arising from carrying out, in any respect, the terms of this agreement or any modification thereof, shall be solely the liability of the Town. The Town hereby agrees to save and hold harmless and indemnify from loss the State, any of its departments, agencies, officers or employees from any and all cost and /or damage incurred by any of the above and from any other damage to any person or property whatsoever, which is caused by any activity, condition, or event arising out of the performance or nonperformance of any provisions of this agreement by the State, any of its departments, agencies, officers and employees, the Town, any of its agents, officers and employees, or any of its independent contractors. Costs incurred by the State, any of its departments, agencies, officers or employees shall include in the event of any action, court costs, expenses of litigation or attorneys' fees. 2. The cost of the construction and construction engineering work covered by this agreement is to be borne by FHWA and the Town, each in the proportion prescribed or as fixed and determined by FHWA as stipulated in this agreement. Therefore, Town agrees to furnish and provide the difference between the total cost of the work provided for in this agreement and the amount of federal aid received 3. This agreement shall remain in force and effect until completion of the work; provided, however, that any provisions in this agreement for maintenance shall be perpetual, unless assumed by another entity. 4. This agreement shall become effective upon filing with the Secretary of State. 5. This agreement may be cancelled in accordance with Arizona Revised Statutes Section 38 -511. 6. The provisions of Arizona Revised Statutes Section 35 -214 are applicable to this contract. 7. In the event of any controversy, which may arise out of this agreement, the parties hereto agree to abide by required arbitration as is set forth for public works contracts in Arizona Revised Statutes Section 12 -1518. r Page 4 JPA 02 -205 • 8. All notices or demands upon any party to this agreement shall be in writing and shall be delivered in person or sent by mail addressed as follows: Department of Transportation Farhad Moghimi, Town Engineer /Director Joint Project Administration Public Works Department 205 S. 17th Avenue 616E 3696 W. Orange Grove Road Phoenix, AZ 85007 Tucson, AZ 85741 9. This agreement is subject to all applicable provisions of the Americans with Disabilities Act (Public Law 101 -336, 42 U.S.C. 12101 - 12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36. The parties to this agreement shall comply with Executive Order Number 99-4 issued by the Governor of the State of Arizona and incorporated herein by reference regarding "Non- Discrimination ". 10. Non - Availability of Funds: Every payment obligation of the State and Town under this contract is conditioned upon the availability of funds appropriated or allocated for the payment of such obligation. If funds are not allocated and available for the continuance of this contract, this contract may be terminated by the State and Town at the end of the period for which the funds are available. No liability shall accrue to the State and Town in the event this provision is exercised, and the State and Town shall not be obligated or liable for any future payments or for any damages as a result of termination under this paragraph. 11. In accordance with Arizona Revised Statutes Section 11 -952, (D) attached hereto and incorporated herein is the written determination of each party's legal counsel that the parties are authorized under the laws of this state to enter into this agreement and that the agreement is in proper form. i IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. TOWN OF MARANA STATE OF ARIZONA Department of Transportation By B BOBBY SUTTON, JR. SUSAN TELLEZ Mayor - Contract Administrator ATTEST: By JOCELYN C BRONSON Town Clerk G: 02- 205 -Town of Marana -Multi -use pathway 11 August 2003 ly TOWN COUNCIL TOWN • MEETING OF INFORMATION MARANA DATE October 7, 2003 AGENDA ITEM: IX. A. 2 TO: Mayor and Council FROM: Joel D. Shapiro, Planning Director SUBJECT: Resolution No. 2003 -106: Heritage Highlands VII Final Plat: Request for approval of a Final Plat for a 152 -lot single - family subdivision on 45.4 acres within the Dove Mountain Specific Plan, located west of Dove Mountain Blvd., and north of Heritage Gateway Avenue, in a portion of Section 24, Township 11 South, Range 12 East. DISCUSSION: The Preliminary Plat for this project was approved on October 17, 1995 by Resolution No. 95 58. This Final Plat requires approval by the Town Council only. This is a request for approval of a final plat consisting of 152 -lots on approximately 45.40 acres. The project is within the Dove Mountain Specific Plan area. The subject property is ® located west of Dove Mountain Boulevard, and north of Heritage Gateway Avenue. The subject property is located in a portion of Section 24, Township 11 South, Range 12 East. This project has access through the Heritage Highlands VI subdivision. All streets within the subdivision are private. Included in this subdivision are Lots 1147 - 1298, Common Area "A" (private streets), Common Area "B" (golf course), Common Area "C" (drainage facilities). The Specific Plan land use designation is LDR ( "Low Density Residential ") and "VC" (Village Core). The minimum required lot size in VC is 2,000 sq. ft. The minimum required lot size in LDR is 6,000 sq. ft. There are 18 lots that have lot sizes smaller than 6,000 sq. ft. The developer is developing these lots under the "Cluster Option" provided in the Dove Mountain Specific Plan, LDR Development Standards. The Master ARC has reviewed the plan for compliance and has sent its approval. The typical lot size provided is 7,660 sq. ft. RECOMMENDATION: Planning Staff recommends approval of PRV- 03060, Heritage Highlands VII Final Plat. SUGGESTED MOTION: I move to approve Resolution No. 2003 -106 MARANA RESOLUTION NO. 2003-106 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, APPROVING THE FINAL PLAT FOR HERITAGE HIGHLANDS PHASE VII, SUBMITTED BY U.S. HOMES, FOR A 152 -LOT, SINGLE FAMILY DETACHED HOME SUBDIVISION ON 45.40 ACRES LOCATED IN THE DOVE MOUNTAIN SPECIFIC PLAN AREA WEST OF DOVE MOUNTAIN BOULEVARD IN A PORTION OF SECTION 24, TOWNSHIP 11 SOUTH, RANGE 12 EAST. WHEREAS, the Marana Town Council approved the RedHawk Specific Plan for the area now known as Dove Mountain pursuant to Ordinance 89.22 on May 31, 1989; and WHEREAS, U. S. Homes is the owner of approximately 45.40 acres located west of Dove Mountain Boulevard in a portion of Section 24, Township 11 South, Range 12 East, and has applied to the Town of Marana for approval of a Final Plat for that property which consists of a 152 -lot, single family detached home subdivision, including lots 1147 through 1298, Common Area "A" (private streets), Common Area `B" (golf course), Common Area "C" (drainage • facilities); and WHEREAS, the Marana Town Council approved the Heritage Highlands Preliminary Plat for this project pursuant to Resolution 95 -58 on October 17, 1995; and WHEREAS, the Marana Town Council has considered this item at the regular Town Council meeting held October 7, 2003, and has determined that the Final Plat for Heritage Highlands Phase VII should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the T own o f Marana, Arizona, that the Heritage Highlands Phase VII Final Plat, submitted by U.S. Homes for a 152 -lot, single family detached home subdivision to be located west of Dove Mountain Boulevard in a portion of Section 24, Township 11 South, Range 12 East, is hereby approved. Marana Resolution No. 2003 -106 Page 1 of 2 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, • this 7th day of October, 2003. ATTEST: Mayor BOBBY SUTTON, JR. Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: Frank Cassidy as Town Attorney • Marana Resolution No. 2003 -106 Page 2 of 2 -- TOWN OF NLARANA MARANA Planning and Zoning Department 3696 W. Orange Grove Road + Tucson, AZ 85741 « (520) 297 -2920 Fax: (520) 297 -3930 PLANNING & ZONING APPLICATION .. EUR'iCi�TIt71�iectc tine" h. ,. ❑ Preliminary Plat ❑ General Plan Amendment ❑ Variance JR Final Plat ❑ Specific Plan Amendment ❑ Conditional Use Permit ❑ Development Plan ❑ Rezone ❑ Other ❑ Landscape Plan ❑ Significant Land Use Change ❑ Native Plant Permit Assessor's Parcel p General Plan Designation Number(s) 2 $ LAW SO A (To be confirmed by staff) N Gross Area (Acre /Sq. Ft.) Current Zoning ' L45 Ac-2E5 1 }_I (`' Vt l 5k K (To be confirmed by staff) U R VC, Development/ Proposed Zoning Project Name H E % uS text L Tjs - N;T— SAnn6 Project Location A roRToo of sezr"tew Zc.} T1t5 121ZE C��SRSM OSAIZ" PIMA CDJ Description of Project t tJe-Z Rt.St D- >r1T1At� SU 1 aril Property Owner t -�oan� Pt7 t Street Address City state St51 E. �czoAawa�' ttOp TtfGsoo A'Z. .� Zip Code Phone Number Fax Number E -Mail Address .,s 85 i X520) "l�'7.6997 �� 7 1 • fit k Contact Person Phone Number Ke P4 "Tvrtz�ox [ (5 W ) - 7t47- 699 Applicant DPW � Street Address city stare - 76W �Z Zip Code Phone Number Fax Number E -Mail Address �W.... SS71 S s w • 8 52D Z�� • 235La opw.tM Gd Qwtt: N Contact Person `� Phone Number J sic+ (5E2 Zq(o • &Stk Agent/Representative Street Address City State :$r 3 Zip Code Phone Number Fax Number E -Mail Address T4 Contact Person M Business License No. '7 t q k �- I, the undersigned, certify that all of the facts set forth in this application are true to the best of my knowledge and that I am either the owner of the property or that I have been authorized in writing by the owner to file this application. (If not owner of record, attach written authorization from the owner.) �F.SSL M t u e;z. %,' • c'• (.0 - Print Name of A licant/A ent Signature Date FOR OFFICE USE ONLY Case No,. R N - n Date Received i a � - r . Receipt No. t' — t" t CL CRW No. R ©30(o - 0 02, Received B Fee Amount L ( ° i 1 11 7 ' I I — — r \ � N i M j CD Icy � O n . 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CI 6 4 � / N (6 tiO A N > >0 0 / $• o a p o r9J n D r +, n �"� � N O wir IM \ I Zy.Z� Cti w ''s R3 F \ M �fj£. 04' �w wr Of ''2J• (� c�i / 40 �'.? < ,� • o ip. co a �� /� �' • �,/ *s � cn v1 A O ti� � y 6 j a POO l �, * ,,dtS J �W 5� 5, - / �'Si ti a Of A� ti � !' /c0 / ti's. '•9 ?. t" �� p x o p O-iD y lac Q � BA s �ur�o sat / C) y O " 1 0 iJ 7, gy m. DO C lz �� y�F \ mm A / .IazN W yGF \\ 00 , `o SA \ - �t a S \ z x A \ Ga cn \ m CA CD 0 H �^ ••� \ W JV W \ Q \\ T� z AD �� �\ ��t^ \\ mN�w l o 13 �' \ oz v; o pD z o f cn o `lp (A m m SA . P4 Mm Arn nA, a - U J 'Ij D Zr (n N TOWN COUNCIL TOWN MEETING OF INFORMATION MARANA DATE: October 7, 2003 AGENDA ITEM: IX. A. 3 TO: Mayor and Council FROM: Richard Vidaurri, Chief of Police SUBJECT: Resolution No. 2003 -112: Request by Marana Police Department for submission of projects for consideration in Arizona's 2003 Highway Safety Plan DISCUSSION: The Marana Police Department is submitting a request for funding in the form of reimbursable grants from the National Highway Traffic Safety Administration and the Federal Highway Administration through the Governor's Office of Highway Safety. The Town Council must approve the submittal of the request for funding before any consideration is granted. Staff will receive notification in October as to whether this grant is approved. The proposal for funds is for equipment totaling $17,579. The grant will allow the police department to purchase equipment that will enhance our traffic enforcement efforts, specifically an Accident Investigation Measuring System (A.I.M.S.). This equipment will assist the police department in providing detailed diagrams of traffic accidents and reduce the time necessary to close thoroughfares to do so. It will also enhance the police department's commitment to improve traffic safety. RECOMMENDATION: Staff recommends Council approval of the submission of projects for consideration in Arizona's 2003 Highway Safety Plan. SUGGESTED MOTION: I move to approve Resolution No. 2003 -112. • 10/01/20033:01 PM • MARANA RESOLUTION NO. 2003-112 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, PERTAINING TO THE SUBMISSION OF PROJECTS FOR CONSIDERATION IN ARIZONA'S 2003 HIGHWAY SAFETY PLAN WHEREAS, the Governor's Office of Highway Safety is seeking proposals from state and local jurisdictions for projects relating to all aspects of highway safety; and WHEREAS, the Town of Marana, through the police department, is interested in submitting projects to be considered for funding in the form of reimbursable grants from the National Highway Traffic Safety Administration and the Federal Highway Administration. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona as follows: • Section 1. THAT approval of the filing of projects for consideration in Arizona's 2003 Highway Safety Plan is granted. Section 2. THAT Richard Vidaurri, Chief of Police, is appointed agent for the Town of Marana, to conduct all negotiations, execute and submit all documents and any other necessary or desirable instruments in connection with such grant. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 7 day of October, 2003. ATTEST: Mayor BOBBY J. SUTTON, JR. Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Page 1 of 1 TOWN TOWN COUNCIL OF MEETING MARANA INFORMATION DATE: October 7, 2003 AGENDA ITEM: IX. A. 4 TO: Mayor and Council FROM: Richard Vidaurri, Chief of Police SUBJECT: Resolution No. 2003 -113 — Memorandum of Understanding (Intergovernmental Agreement) between the City of Tucson and Town of Marana Police Department for sharing law enforcement information via COPLINK. DISCUSSION: This Memorandum of Understanding (Intergovernmental Agreement) establishes certain guidelines for the facilitation and sharing of law enforcement information through the joint utilization of COPLINK software. Both the Town of Marana and City of Tucson Police Department's have acquired licenses to operate COPLINK software for the distribution of information. This collaboration and synchronization between both agencies information will significantly promote the public health, safety, and welfare by facilitating the swift apprehension of criminal offenders. COPLINK, a nationally recognized project on the cutting edge of investigative technology, is a system from which a variety of law enforcement agencies will share detailed investigative information. The project, initiated by the Tucson Police Department, is funded by the National Institute of Justice. Additionally, the National Science Foundation, the Phoenix Police Department, University of Arizona Artificial Intelligence Lab and Knowledge Computing Corporation, a commercial entity, are also participants in this partnership. RECOMMENDATION: Staff recommends approval of the Memorandum of Understanding (Intergovernmental Agreement) between the City of Tucson and the Town of Marana Police Department for the sharing of law enforcement information through the joint utilization of COPLINK software. SUGGESTED MOTION: I move to adopt Resolution No. 2003 -113. MARANA RESOLUTION NO. 2003-113 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING (INTERGOVERNMENTAL AGREEMENT) WITH THE CITY OF TUCSON TO SHARE LAW ENFORCEMENT INFORMATION THROUGH THE JOINT USE OF COPLINK SOFTWARE. WHEREAS, the Police Departments of the Town of Marana and the City of Tucson have each acquired licenses to operate COPLINK computer software, to facilitate the coordination and sharing of law enforcement information; and WHEREAS, it is necessary and prudent for the Town of Marana and the City of Tucson to enter into a formal agreement setting forth the terms for sharing their law enforcement information with one another and with other law enforcement agencies that link into the City of Tucson COPLINK law enforcement information node; and WHEREAS, the cooperation and coordination of law enforcement agencies' information will significantly promote the public health, safety and welfare by facilitating the swift apprehension of criminal offenders. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, approving and authorizing the Mayor to execute a memorandum of understanding (intergovernmental agreement) with the City of Tucson for sharing law enforcement information, in the form presented to the Mayor and Council concurrently with this Resolution, and authorizing the Town Manager and the Police Chief to execute any and all further documentation and undertake all other tasks required to carry out the terms, obligations and objectives of the memorandum of understanding. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 7'' day of October, 2003. Mayor BOBBY SUTTON, JR. ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney MEMORANDUM OF UNDERSTANDING BETWEEN TOWN OF MARANA AND CITY OF TUCSON FOR SHARING LAW ENFORCEMENT INFORMATION This Memorandum of Understanding for Sharing Law Enforcement Information, (hereinafter called "MOU "), is made and entered into by and between the Town of Marana, a municipal corporation duly organized and existing under the laws of the State of Arizona, located at 13251 N. Lon Adams Road, Marana, Arizona, (hereinafter called "MARANA"), and the City of Tucson, a municipal corporation duly organized and existing under the laws of the State of Arizona, located at 103 E. Alameda Street, Tucson, Arizona, (hereinafter called "TUCSON'). The parties are sometimes referred to jointly herein as "AGENCIES" and individually as "AGENCY." RECITALS: A. AGENCIES desire to share law enforcement information owned by each AGENCY under the conditions set forth in this MOU. B. AGENCIES desire to facilitate the sharing of law enforcement information owned by AGENCIES other than MARANA and TUCSON for which AGENCIES have been allowed custodial status by agreements with these Agencies, (hereinafter called "MEMBER AGENCIES ") AGREEMENT: IT IS HEREBY AGREED, by and between the parties as follows: 1.0 Definitions: 1.1 Licensed Software Shall refer to and mean all computer programs and supporting Agreement between MARANA and Knowledge Computing Corporation. 1.2 COPLINK Shall refer to and mean the CONNECT and DETECT application modules and any other application modules licensed to AGENCIES by Knowledge Computing Corporation as part of the COPLINK system. 1.3 Member .A ency Shall refer to and mean any law enforcement, public safety, or criminal justice agency that has entered into agreement with MARANA and /or TUCSON to share law enforcement information using COPLINK TOWN OF MARANA/CITY OF TUCSON COPLINK MOU PAGE 2 OF 4 1.4 Knowledge Computing Corporation An Arizona corporation with its principal place of business at 6601 E. Grant Road, Suite 201, Tucson AZ. 85715 and the owner and developer of COPLINK. 1.5 Data Repository Shall refer to the web servers, database servers, and backend databases maintained by MARANA and TUCSON to facilitate the sharing of law enforcement information between MARANA and TUCSON and other MEMBER AGENCIES. 2.0 Effective Date and Term of MOU 2.1 Effective Date The effective date of the MOU shall be the date first written above. 2.2 Term The term of this MOU shall commence upon the Effective Date, and shall continue until either AGENCY provides (30) days prior written notice to the other AGENCY of its intent to terminate the other AGENCY'S access to its records (law enforcement information). 3.0 Data Access and Security Requirements 3.1 Data Access Access to AGENCIES' law enforcement information will be provided utilizing the TCP /IP communications protocol over a network segment maintained by the Arizona Department of Public Safety or any other secure network configuration that is mutually acceptable to the AGENCIES. AGENCIES further agree to make the law enforcement information residing in the COPLINK data repositories hosted by the AGENCIES available on a 24 -hour a day, 7 days a week basis with downtime limited to those hours required for any necessary system maintenance activities. AGENCIES agree to inform each other and MEMBER AGENCIES in advance, whenever possible, of scheduled system downtimes. 3.2 Data Sharing COPLINK data hosted by MARANA or by TUCSON will be shared with MEMBER AGENCIES that have entered into agreements with MARANA or TUCSON. MARANA and Tucson agree not to facilitate information sharing between AGENCIES and /or MEMBER AGENCIES that have not entered into agreements allowing such sharing. Data sharing between COPLINK nodes and their member agencies will be will be subject to the same agreements herein. 3.3 Security Requirements AGENCIES agree to enforce and maintain security requirements for COPLINK systems and networks as specified in the Technical Requirements Section of the Federal Bureau of Investigation's Criminal Justice Information Systems Security Policy. Exceptions to the above policy shall not be implemented by either AGENCY without the approval of the other AGENCY. AGENCIES further agree that the law enforcement information hosted in the COPLINK data repositories shall be used for law enforcement purposes only, and that only law enforcement agency employees that have been subject to background screening will be allowed access to the COPLINK system. Background screenings must be fingerprint -based including checks of both the state and national criminal TOWN of MARANAMITY of TUCSON COPLINK MOU PAGE 3 of 4 • history repositories. If a felony conviction of any kind is found, access to COPLINK shall not be granted. 4.0 Information Ownership, Constraints on Release and Accuracy: 4.1 Ownership and Release Constraints AGENCIES and MEMBER AGENCIES shall maintain ownership of all of their information at all times. Any requests for access to information hosted in COPLINK Data Repositories that is not authorized under current agreements between the requestor and the owner(s) of the information, will be referred to the owner(s) of the information being requested. Information shall not be made available to any unauthorized requestor without the approval of its owner or owners. AGENCIES agree that the restriction established by this provision may not apply when responding to orders of the Court. 4.2 Information Accuracy AGENCIES agree that the law enforcement data maintained in the COPLINK data repositories consists of information that may or may not be accurate. To the extent permitted by law, AGENCIES agree to hold information owners' blameless for any harm that may arise due to the inaccuracy of any information they have submitted. 5.0 Miscellaneous: 5.1 To the extent this MOU constitutes a contract for services or joint exercise of powers common to MARANA and TUCSON, it shall be considered an intergovernmental agreement executed under the authority of A.R.S. § 11 952. 5.2 Upon execution by the AGENCIES, this MOU shall be filed with the Office of the Pima County Recorder, in conformance with A.R.S. § 11- 952(G). 5.3 This MOU is subject to A.R.S. § 38 511, which provides for cancellation of contracts in certain instances involving conflicts of interest. IN WITNESS WHEREOF, the AGENCIES hereto have executed this MOU as of the last date set forth below their respective signatures, which shall be the effective date of this MOU. MARANA: TUCSON: THE TOWN OF MARANA, an Arizona THE CITY OF TUCSON, an Arizona municipal corporation municipal corporation By: By: Bobby Sutton, Jr., Mayor Robert Walkup, Mayor Date: Date: r TOWN of MARANA/CITY of TUCSON COPLINK MOU PACE 4 of 4 • ATTEST: ATTEST: Jocelyn C. Bronson, Town Clerk Kathleen S. Detrick, City Clerk APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: Richard Vidaurri, Police Chief Richard Miranda, Police Chief ATTORNEY CERTIFICATION The undersigned attorneys for the Town of Marana and the City of Tucson have determined, each as to their respective client only, that this MOU is in proper form and is within the powers and authority granted under Arizona law to the Town of Marana and the City of Tucson. Frank Cassidy, Town Attorney Michael D. House, City Attorney • t 1 TOWN COUNCIL TOWN MEETING OF INFORMATION MARANA DATE: October 7, 2003 AGENDA ITEM: IX. A. 5 TO: Mayor and Council FROM: Leslie Liberti, Environmental Coordinator SUBJECT: Resolution No. 2003 -114 Ratifying the Cooperative Agreement between the Town and the Bureau of Land Management DISCUSSION: The Bureau of Land Management (BLM) administers the Ironwood Forest National Monument, located a few miles west of the Town. The BLM is currently developing a General Management Plan that will govern the management of the Monument. The BLM seeks to coordinate with the Town on natural resource and recreation planning, including potential sites for the Ironwood Monument visitor center. In addition to establishing a framework for future cooperation, the Cooperative Agreement approves the transfer of $25,000 to the Town for Town - supervised inmate crews to clean up trash and debris on the Ironwood Monument and nearby Town land resulting from undocumented immigrant traffic. RECOMMENDATION: Staff recommends that the Council approve the ratification of the Cooperative Agreement between the Town and the Bureau of Land Management. SUGGESTED I move to approve Resolution No. 2003 -114. MOTION: ADMIN/JCE/10 /01/2003 MARANA RESOLUTION NO. 2003-114 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, RATIFYING THE TOWN MANAGER'S EXECUTION ON BEHALF OF THE TOWN OF MARANA OF A COOPERATIVE AGREEMENT WITH THE BUREAU OF LAND MANAGEMENT TO RECEIVE FUNDING TO MITIGATE THE IMPACTS OF ILLEGAL IMMIGRATION IN THE IRONWOOD FOREST NATIONAL MONUMENT AND TO COORDINATE AND PLAN TOGETHER TO SEEK AND UNDERTAKE MUTUALLY BENEFICIAL ACTIVITIES ON TOWN AND BUREAU LANDS. WHEREAS, the United States Bureau of Land Management (the "BLM') manages and operates the Ironwood Forest National Monument; and WHEREAS, the Town of Marana finds that it is in the best interests of its citizens to cooperate with the BLM for the purpose of providing safe, enjoyable and environmentally compatible recreational opportunities to local citizens and others who visit Town property and adjacent and nearby lands of the Ironwood Forest National Monument; and WHEREAS, the Town Manager, on behalf of the Town of Marana, has executed a Cooperative Agreement with the BLM (Agreement No. AAA- 030019) for the purposes of receiving $25,000 for repair of damage caused by undocumented immigrant traffic in and near Ironwood Forest National Monument and coordinating and planning together to seek and undertake future mutually beneficial activities on Town and BLM lands; and WHEREAS, the Town of Marana desires to ratify and confirm the Town Manager's execution of the Cooperative_ Agreement on behalf of the Town. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the T own o f Marana, Arizona, ratifying and confirming the Town Manager's execution of the Cooperative Agreement with the BLM (Agreement No. AAA - 030019), and authorizing the Town Manager to execute any and all further documentation and undertake all other tasks required to carry out the terms, obligations and objectives of the Cooperative Agreement. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 7 day of October, 2003. Mayor BOBBY SUTTON, JR. ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney F , . . An MARANA TOWN OF MARANA September 23, 2003 Attn: Janell Reifel AZ 951 BUREAU OF LAND MANAGEMENT Arizona State Office 222 North Central Avenue Phoenix, Arizona 85004 -' Re: Town of Marana Cooperative Agreement Dear Ms. Reifel: The Town of Marana looks forward to working with the Bureau of Land Management to advance our mutual interests on our adjacent lands. Enclosed are (1) the Cooperative Agreement between the BLM Tucson Field Office and the Town of Marana, (2) the fully executed Form 1511 -1, (3) the fully executed Standard Form 424, and (4) Form DI -2010 (the Town Manager's signature appears at the bottom, although the version provided to the Town has no signature block). Please let me know if you need anything else, or if you would like to discuss this directly. Sincerely, TOWN OF NA i F ank Cassidy, Town Atto y xc (w /��cls): Tony J. errell, BLM Michael A. Reuwsaat, Town Manager Jocelyn C. Bronson, Town Clerk Leslie Liberti, Town Environmental and Special Projects Coordinator 13251 NORTH LON ADAMS ROAD MARANA, AZ 85653 -9723 ®t TELEPHONE: (520) 682 -3401 FAX: 682 -2654 COOPERATIVE AGREEMENT Between the Bureau of Land Management Tucson Field Office and The Town of Marana I. Statement of Joint Objectives A. Purpose This agreement is made and entered into by the Bureau of Land Management (BLM), Tucson Field Office and the Town of Marana for the purpose of providing safe, enjoyable, and environmentally compatible recreational opportunities to local citizens and others who visit town property and adjacent lands of the Ironwood Forest National Monument. This agreement provides the BLM, a federal agency and the Town of Marana, an opportunity for intergovernmental cooperation and partnership in realizing their respective goals and objectives. B. Objective. a The primary objectives of the agreement are: 1. To transfer funds to the Town of Marana as necessary to assist BLM with mitigation of the impacts of illegal immigration in the Ironwood Forest National Monument (IFNM). Specific objectives include: (1) repair damaged fences; (2) clean up trash related to undocumented immigration; (3) perform reclamation work in disturbed areas; and (4) construct or repair fences damaged by illegal immigration activities. 2. To allow the BLM and Town of Marana to coordinate and plan together to seek mutually beneficial activities on our adjacent lands. C. Author Federal Land Policy and Management Act of 1976 (Public Law 94 -579 Section 307 (a)) and A.R.S. 11952. D. Benefits. This agreement will allow the parties to share pursue opportunities for mutually beneficial projects such as: 1. Interpretation and protection of natural and cultural resources; 2. Assistance with on the ground maintenance activities; 3. Joint participation in our respective planning efforts to seek opportunities for location of visitor /administrative facilities to provide cost efficient visitor services, maintenance, interpretation, and resource protection. 4. Constructive dialogue on land management issues, such as target shooting, which occur within each of our respective management areas -- to allow for the development of more effective solutions. IL Definitions. A. Agreement: means this cooperative agreement B. Town: means the Town of Marana C. BLM: means the Bureau of Land Management D. IFNM: means Ironwood Forest National Monument E. TFO: means Tucson Field Office F. Assistance Officer (AO): The BLM's Assistance Officer. The AO is the only individual authorized to obligate funds, award, modify or terminate the agreement or any task order (TO) thereto. The AO is responsible for issuing TOs, monitoring the agreement and TOs for compliance, enforcing the agreement provisions, issuing timely performance and payment approvals, terminating the agreement or any TO thereto and closing out the agreement. G. Assistance Representative (AR): The BLM's Assistance Representative. The AR will be designated for the purpose of administering the technical aspect of the agreement. The AR is authorized to clarify technical requirements, and to review and approve work which is clearly within the scope of the work specified in this agreement. The AR is not authorized to issue changes or in any other way modify this agreement. H. Fiscal Year (FY): The Federal fiscal year which extends from October 1 of one year through September 30 of the following year. I. Not -to- Exceed (NTE) Amount: The maximum Federal funding amount. J. The Office of Management and Budget (OMB). K. Project Inspector (PI): The BLM's project inspector. At the time of award, a BLM employee(s) may be appointed as the PI. If appointed, the PI will be responsible for providing on -site inspection of the work and for giving the representative any special instructions, guidance, or training necessary to complete or perform the work. The PI will not be authorized to issue changes or in any way modify the agreement. L. Project Manager: This individual is responsible for the day -to -day operations of the agreement and coordinates regularly with the BLM to schedule work locations and ensure accomplishment of the tasks. M. Responsible Official: The recipient's Responsible Official. The responsible official is the individual who is authorized to act for the recipients organization and commit the recipient to compliance with the terms and conditions of this agreement. N. Task Order (TO): The order which is issued against the agreement to obligate funds for specific services or work to be accomplished. III. Project Management Plan A. The Town of Marana agrees to: 1. Coordinate regularly and participate as necessary in the Ironwood Forest National Monument planning effort. 2. Assist with maintenance such as trash pick -up, fence repair, road restoration, supervision of prison crews for the above including providing equipment and training when funding is provided under specific TO's. 3. Explore and pursue through planning efforts opportunities for mutually beneficial projects; such as a joint visitor center, administrative facilities, and share resources for interpretation of natural and cultural resources. 4. Coordinate on issues that affect our mutual land properties such as off -road vehicles (ORV), target shooting and others. 5. Share positions for public outreach, interpretation, maintenance and other duties that are mutually beneficial and that promote organizational efficiency. B. The BLM agrees to: 1. Participate in the Town of Marana's planning efforts. 2. Provide payments to the Town of Marana in accordance with Section VI, Financial Support, and Section VII, Payments, of this agreement and applicable OMB and Treasury Regulations. 3. Explore and pursue through the planning effort opportunities for mutually beneficial projects such as a joint visitor center- administration facilities and interpretation of natural and cultural resources. 4. Coordinate on issues such as ORV, target shooting and others. 5. Share positions for public outreach, interpretation, maintenance and other duties that are mutually beneficial and that promote organizational efficiency. 6. Provide project oversight and environmental analyses for any shared efforts. IV. Term of Agreement This agreement shall become effective on the date of signature of the BLM Assistance Officer and shall remain in effect until August 1, 2008, unless terminated in accordance with the provisions of 43 CFR, Subpart F, Section 12.961. V. Task Orders (TO) A. Issuance. If any TOs are issued they will be issued in writing by the Assistance Officer and must be signed by both the authorized responsible official and the AO to be effective. B. Contents. A TO will contain: 1. The specifications or statement of work which specifies what will be performed under this TO. 2. A list of any deliverable items that are required. 3. Any necessary drawings and/or location maps. 4. The delivery schedule or completion time which has been negotiated based on the level of difficulty, site location, etc. 5. A detailed budget submitted on form SF -424A, Budget Information — Non- construction Programs with a NTE amount for the task. 6. Any other detail or information necessary. VI. Financial Support A. This agreement shall be funded by issuance of TOs based on the availability of BLM funding. The Town of Marana hereby releases the BLM from all liability due to failure of Congress to appropriate funds for this agreement. B. Funds obligated for a specific TO but not expended in that FY can be carried forward and expended in the subsequent FY. C. TOs will specify the NTE amounts. The BLM shall not be obligated to pay for nor shall be obligated to perform any effort that will require the expenditure of Federal funds above the NTE amount specified in that TO. VII. Pmanents. A. Electronic Funds Transfer Payments 1. Payment under this agreement will be made by the Government by electronic funds transfer (through the Treasury Fedline Payment System (FEDLINE) or the Automated Clearing House (ACH)). 2. After award, but no later than 14 days before an invoice or agreement financing request is submitted, the Recipient shall designate a financial institution for receipt of electronic funds transfer payments (SF- 3881), and shall submit this designation to the following address: Bureau of Land Management National Business Center, BC -630 Denver Federal Center, Bldg. 50 PO Box 25047 Denver, CO 80225 -0047 3. If a designation has been submitted to the BLM under a previous agreement it is not necessary to complete another SF -3881 unless you are changing your designation of financial institution. • B. The Town of Marana shall be entitled to advance payment at least quarterly upon submission of an original Request for Advance or Reimbursement, Standard Form (SF) 270 to the AR. Payments shall be governed by the provisions of 43 CFR Subpart F, Section 12.922 and 12.952. C. If advance payments are made the Town of Marana must submit a Federal Cash Transaction Report, SF 272 to the Assistance Officer 15 working days following the end of each quarter. D. Advance payments shall be made only in amounts necessary to meet current disbursement needs and shall be scheduled so that the funds are available only immediately prior to their disbursement. VIII. Property Management and Disposition Any BLM property used or other property acquired under this agreement, including intangible property such as copyrights and patents shall be governed by the provisions of 43 CFR, Subpart F, Section 12.930 through 12.937. IX. Deliverables and Reports Submit one copy of an annual performance report to the Assistance Representative within 90 days after the end of the FY. The performance report must be prepared in accordance with 43 CFR, Subpart F, Section 12.951 and address items such as a comparison of actual accomplishments with established goals, reasons why goals may not have been met, cost overruns and any other pertinent information. X. Key Officials - A. Assistance Officer (AO) - - Janell Reifel - - - Bureau of Land Management Arizona State Office 222 N. Central Avenue Phoenix, AZ 85004 (602) 417 -9266 B. Assistance Representative (AR) Darrell Tersey Bureau of Land Management Tucson Field Ofce- Ironwood Forest National Monument 12661 E. Broadway Blvd. Tucson, AZ 85748 (520) 258 -7218 C. Project Inspector (PI) Maile Adler Bureau of Land Management Tucson Field Office 12661 E. Broadway Blvd. Tucson, AZ 85748 (520) 258 -7244 D. Responsible Official Mike Reuwsaat ' Town of Marana 13251 N. Lon Adams Rd. Tucson, Arizona 85653 (520) 682 -3401 E. Project Manager Leslie Liberti Town of Marana 3696 W. Orange Grove Road Tucson, Arizona 85741 (520) 382 -2708 XI. Special Terms and Conditions A. Order of Precedence Any inconsistency in this agreement shall be resolved by giving precedence in the following order: (a) Any national policy requirements and administrative management standards; (b) requirements of the applicable OMB Circulars and Treasury regulations; (c) 43 CFR Part 12; (d) special terms and conditions; (e) all Agreement sections, documents, exhibits, and attachments; and (f) all TO sections, documents, exhibits, and attachments. B. Modifications This agreement may be modified by written agreement signed by both a Responsible official and the Assistance Officer. Administrative changes (i.e. AO name change) which do not change the project management plan, NTE amount, etc. or otherwise affect the recipient may be signed unilaterally by the AO. XII. General Provisions A. National Policy Requirements and Administrative Management Standards. All applicable national policy requirements and administrative management standards as set forth in the Office of Management and Budget, Financial Management Division, Directory of Policy Requirements and Administrative Standards for Federal Aid Programs are incorporated by reference. B. 43 CFR Part 12, Administrative and Audit Requirements and Cost Principles for Assistance Programs is incorporated by reference. C. OMB Circular A -122, Cost Principles for Nonprofit Organizations is incorporated by reference. D. 43 Code of Federal Regulations (CFR) Part 12, Appendix A to Subpart D, Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transaction and completed Form DI -2010 are incorporated by reference. E. 43 CFR Part 12, Appendix C to Subpart D, Certification Regarding Drug -Free Workplace Requirements, Alternate I (Grantees other than individuals) and completed Form DI -2010 are incorporated by reference. F. Single Audit Act Amendments of 1996, Public Law 104 -156, 110 Stat. 1396, 31 U.S.C. 750 1 -7 and 43 CFR, Part 12, is incorporated by reference. G. Compliance with Buy American Act. Pursuant to Sec. 307 of the Department of the Interior and Related Agencies Appropriations Act of 2000, Public Law 106 -113, be advised of the following: 1. None of the funds made available in this agreement may be expended by a recipient unless the recipient agrees that in expending the funds the recipient will comply with sections 2 through 4 of the Act of March 3, 1933 (41 U.S.C. l Oa -10c; popularly known as the 'Buy American Act"). 2. Purchase of American-made equipment and products. In the case of any equipment or product that may be authorized to be purchased with financial assistance provided using funds made available in this Act, it is the sense of the Congress that entities receiving the assistance should, in expending the assistance, purchase only American-made equipment and products. 3. Recipient also agrees to follow the procedures in 43 CFR Part 12, Subpart E. Section 12.700 - Buy American Requirements for Assistance Programs. H. Opposition to Any Legislation. Recipient shall not use any part of the Governments funds for any activity or the publication or distribution of literature that in any way tends to promote public support or opposition to any legislative proposal on which Congressional action is not complete. I. Increasing Seat Belt Use in the United States. Recipients of grants /cooperative agreements and/or sub - awards are encouraged to adopt and enforce on-the-job seat belt use policies and programs for their employees when operating company- owned, rented, or personally owned vehicles. These measures include, but are not limited to, conducting education, awareness, and other appropriate programs for their employees about the importance of wearing seat belts and the consequences of not wearing them. J. Conflict of Interest. This agreement is subject to A.R.S. 38 511, which provides for cancellation of government contracts in certain instances involving conflicts of interests. AGREEMENTS WITH INSTITUTIONS OF HIGHER EDUCATION, HOSPITALS AND OTHER NON- PROFIT ORGANIZATIONS 11/21/2000 Version The following forms are completed by the applicant before the Statement of Programmatic Involvement and Instrument Selection Determination are completed. The SF forms and applicable OMB Circulars may be found on the Internet at the following site: http://www.whitehouse.pov /OMB /grantsCndex.html ► SF -424, Application for Federal Assistance ► SF -424A, Budget Information - Nonconstruction Programs ► SF -42413, Assurances - Nonconstruction Programs ► DI -2010, Certification Regarding Debarment, Suspension and Other Responsibility Matters, Drug -Free Workplace Requirements and Lobbying (This form is located at the end of this model) A. Information will need to be filled in that is specific to each agreement. Some of the sections, such as Section I, II, and III, are obvious and the others are marked with a *. The following procedures will help you find all the spaces that require a fill -in: 1. Start with your cursor at the beginning of the model agreement and hit the F2 (Find and Replace) key. At the bottom of the screen you will see the Find and Replace text box appear. 2. In the Find box type in the * (all the spaces to be filled are marked with *). 3. With your mouse click on Find Next and your cursor will automatically move to the first *. You will need to backspace (to erase the *) and type in the information for your agreement. 4. With the mouse click on Find Next to move to the next * and the next * - wily appear. 5. Keep doing this until you reach the end of the document. " B. Edit the Agreement Number in the Header. Once you have filled in the new number, you will need to exit out of the Header by clicking on File, Close. The first page number in "Page _ of " in the Header will start with Page 2. The second page number is created by a code on the last page of the document (Target (Pages)). Do not delete this code. This page number does not automatically change as pages are added. You must generate the document (Control F9) in order for it to change. If you do not generate the document before you print, WordPerfect will ask you if you would like to "generate" before you print, just answer "Yes ". C. "Comments" have been added throughout this document with helpful information to assist you in completing the agreement easier and faster. The comments are within an oval in the left margin and show up in full text only when you use the mouse and click on the oval. Click on the oval on the left of this paragraph now. D. As you go through the document delete the paragraphs not needed. Select one of the paragraphs if similar paragraphs are allowed. If you have any questions, comments, or suggested changes please contact your State Procurement Analyst or Marc Gress at (406) 896 -2916. PAGE 1 OF PAGES orm 1511 -1 ebruary fgeg)United States Department of the Interior 1. AGREEMENT NO. Bureau of Land Management AAA- 030019 ASSISTANCE AGREEMENT 2. TASK ORDER NO, NOTE: By signing this document, the recipient accepts this agreement and agrees to perform in 3. TYPE OF AGREEMENT (Check one) accordance with all the enclosed terms, conditions, and documents attached hereto. ❑ GRANT ® COOPERATIVE AGREEMENT 4. NAME, ADDRESS AND PHONE NO. OF ASSISTANCE OFFICER 5. NAME, ADDRESS AND PHONE NO. OF RECIPIENT Janell Reifel Town of Marana Arizona State Office 3696 W Orange Grove Road Bureau of Land Management Tucson, Arizona 85741 222 North Central Avenue (520) 382 -2708 Phoenix, Arizona 85004 -22003 602 417 -9266 6. NAME, ADDRESS AND PHONE NO. OF ASSISTANCE REPRESENTATIVE 7. NAME, ADDRESS AND PHONE NO. OF RECIPIENTS PROJECT MANAGER Darrell Tersey Leslie Liberti Tucson Field Office 3696 W. Orange Grove Road Bureau of Land Management Tucson, Arizona 85741 12661 E Broadway Blvd. (520) 382 -2708 Tucson, Arizona 85748 8. PROGRAM STATUTORY AUTHORITY 9. STARTING DATE September 8, 2003 10: EFFECTIVE DATE 11. COMPLETION DATE AU ust 1, 2008 TYPE OF RECIPIENT (Check one) 13. FUNDING INFORMATION ❑ STATE Recipient BLM ® LOCAL GOVERNMENT This obligation $ 0 s 25,000 ❑ INDIAN TRIBAL GOVERNMENT Previous obligation $ $ ❑ EDUCATIONAL INSTITUTION ❑ INDIVIDUAL Total obligation $ $ ❑ FOR - PROFIT ORGANIZATION ❑ NON - PROFIT ORGANIZATION Share Ratio % 100% ❑ OTHER (SPECIFY) 14. ACCOUNTING AND APPROPRIATION DATA - 15. PROJECT TITLE AND BRIEF SUMMARY OF THE PURPOSE AND OBJECTIVES Southeastern Arizona Undocumented Immigrants Environmental Mitigation. Restoration and repair of damage caused by undocumented immigrant traffic in or near Ironwood Forest National Monument. The purpose of this project is to restore and - -repair damage to natural resources and property relate to the foot and vehicular traffic of undocumented aliens in the vicinity of the U.S. /Mexico Border. This damage includes soil erosion along heavily used travel routes, damage to fences and water lines Which are cut by undocumented aliens, and cleaning up of trash and debris left in the area. The work to be done includes __installing small erosion control structures, naturalizing disturbed areas, repair of damage to fences and water lines which are cut by undocumented aliens, and cleaning up of trash and debris left in the area. The work will be done in areas in or near the Ironwood Forest National Monument and /or in or near the Town of Marana. 16a. NAME AND TITLE OF SIGNER (Type or print) 17a. NAME AND TITLE OF ASSISTANCE ORDERING OFFICER (Type or print) Mike Reuwsaat -Town of Marana Jannell Reifel 16b. RECIPIENT 16c. DATE SIGNED 17b. UNITED STATES OF 17c. DATE SIGNED AMERICA (Autho»z .\ BY (Signature of Assistance Officer) APPLICATION FOR 2. DATE SUBMITTED Applicant Identifier FEDERAL ASSISTANCE 3. DATE RECEIVED BY STATE State Application Identifier I. TYPE OF SUBMISSION Application Pro-Application ❑ Construction ❑ Construction 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier 0 0 Non - Construction ❑ Non - Construction 5. APPLICANT INFORMATION Legal Name: Town of Marana Organizational Unit: Address (give city, county, state, and zip code): Name and telephone number of the person to be contacted on matters Leslie Liberti involving application (give area code) Town of Marana Leslie Liberti 3696 W. Orange Grove Road (520) 382 -2708 Tucson, Arizona 85741 (520) 382 -2708 6. EMPLOYER IDENTIFICATION NUMBER (E1N): 7. TYPE OF APPLICANT: (enter appropriate letter in box) ]n6 3 3]aoa❑ a A. State H. Independent School Dist. 8. TYPE OF APPLICATION: B. County I. State Controlled Institution of Higher Learning X New ❑ Continuation ❑ Revision C. Municipal J. Private University D. Township K. Indian Tribe If Revision, enter appropriate letter(s) in box(es): E. Interstate L. Individual F. Intermunicipal M. Profit Organization G. Special District N. Other (Specify) 9. NAME OF FEDERAL AGENCY: A. Increase Award B. Decrease Award C. Increase Duration Bureau of Land Management D. Decrease Duration Other (specify): Tucson Field Office 12661 E. Broadway Blvd. Tucson, AZ 85748 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: F F] — F-1 a F Southeastern Arizona mitigation for environmental damage due to Undocumented Immigrants. TITLE: 12. AREAS AFFECTED BY PROJECT (cities, countries, states, etc.) Ironwood Forest National Monument, Town of Marana, Pima County, Arizona. 13. PROPOSED PROJECT: 14. CONGRESSIONAL DISTRICTS OF: Start Date Ending Date a. Applicant b. Project August 1, 2003 September 30, 2004 Districts 1 and 7 Districts 1 and 7 15. ESTIMATED FUNDING, 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS? a. Federal 25,000.00 a. YES: THIS PREAPPLICATION /APPLICATION WAS MADE AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON: b. Applicant 10,000.00 DATE c. State b. NO. ❑ PROGRAM IS NOT COVERED BY E.O. 12372 d. Local ❑ OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW e. Other 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? f. Program Income ❑ Yes If "Yes," attach an explanation. ❑ No g. TOTAL 25,000.00 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF ALL DATA IN THIS APPLICATION /PREAPPLICATION ARE TRUE AND CORRECT. THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHEDASSURANCES IF THE ASSISTANCE IS AWARDED. a. Typed Name of Authorized Representative b. Titl e c. Telephone Number Michael Reuwsaat Town Manager (520) 682 -3401 d. Signature of Authorized Representa ' e e. Date Signed 9- - ; r -C 3 Previous Editions Not Usable Standard Form 424 (Rev. 7.97) Authorized for Local Reproduction Prescribed by OMB Circular A -102 INSTRUCTIONS FOR THE SF 424 This is a standard form used by applicants as a required facesheet for preapplications and applications submitted for Federal assistance. It will be used by Federal agencies to obtain applicant certification that States which have established review and comment procedure in response to Executive Order 12372 and have selected the program to be included in their process, have been given an opportunity to review the applicant's submission. Item: Entry: Item: Entry: 1. Self- explanatory. 12. List only the largest political entities affected (e.g., State, counties, cities). 2. Date application submitted to Federal agency for State if applicable) & applicant's control number (if applicable). 13. Self - explanatory. 3. State use only (if applicable). 14. List the applicant's Congressional District and any District(s) affected by the program or project. 4. If this application is to continue or revise an existing award, enter present Federal Identifier number. If for a 15. Amount requested or to be contributed during the first new project, leave blank. funding /budget period by each contributor. Value of in- kind contributions should be included on appropriate lines 5. Legal name of applicant, name of primary organizational as applicable. If the action will result in a dollar change to unit which will undertake the assistance activity, complete an existing award, indicate only the amount of the change. address of the applicant, and name and telephone For decreases, enclose the amounts in parentheses. If number of the person to contact on matters related to this both basic and supplemental amounts are included, show application. breakdown on an attached sheet. For multiple program funding, use totals and show breakdown using same 6. Enter Employer Identification Number (EIN) as assigned categories as item 15. by the Internal Revenue Service. 16. Applicants should contact the State Single Point of 7. Enter the appropriate letter in the space provided. Contact (SPOC) for Federal Executive Order 12372 to determine whether the application is subject to the State 8. Check appropriate box and enter appropriate letter(s) in intergovernmental review process. the space(s) provided: 17. This question applies to the applicant organization, not the "New" means a new assistance award. person who signs as the authorized representative. Categories of debt include delinquent audit disallowances, "Continuation" means an extension for an additional loans and taxes. funding /budget period for a project with a projected completion date. 18. To be signed by the authorized representative of the applicant. A copy of the governing body's authorization -"Revision" means any change in the Federal Government for you to sign this application as official representative financial obligation or contingent liability from an existing must be on file in the applicant's office. (Certain Federal obligation. agencies may require that this authorization be submitted as part of the application.) 9. Name of Federal agency from which assistance is being requested with this application. 10. Use the Catalog of Federal Domestic Assistance number and the title of the program under which assistance is requested. 11. Enter a brief descriptive title of the project. If more than one program is involved, you should append an explanation on a separate sheet. If appropriate (e.g., construction or real property projects), attach a map showing project location. For preapplications, use a separate sheet to provide a summary description of this project. SF 424 (REV 4 -88) BACK U.S. Department of the Interior Certifications Regarding Debarment, Suspension and Other Responsibility Matters, Drug -Free Workplace Requirements and Lobbying Persons signing this form should refer to the regulations referenced Certification Regarding Debarment, Suspension, Ineligibility and below for complete instructions: Voluntary Exclusion - Lower Tier Covered Transactions - (See Certification Regarding Debarment, Suspension, and Other Appendix B of Subpart D of 43 CFR Part 12.) Responsibility Matters - Primary Covered Transactions - The Certification Regarding Drug -Free Workplace Requirements - prospective primary participant further agrees by submitting Alternate I. (Grantees Other Than Individuals) and Alternate II. this proposal that it will include the clause titled, "Certification (Grantees Who are Individuals) - (See Appendix C of Subpart D of Regarding Debarment, Suspension, Ineligibility and Voluntary 43 CFR Part 12) Exclusion - Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, Signature on this form provides for compliance with certification without modification, in all lower tier covered transactions and requirements under 43 CFR Parts 12 and 18. The certifications in all solicitations for lower tier covered transactions. See below shall be treated as a material representation of fact upon which for language to be used or use this form for certification and sign. reliance will be placed when the Department of the Interior (See Appendix A of Subpart D of 43 CFR Part 12.) determines to award the covered transaction, grant, cooperative agreement or loan. PART A: Certification Regarding Debarment, Suspension, and Other Responsibility Matters Primary Covered Transactions CHECK X IF THIS CERTIFICATIONIS FORA PRIMARY COVERED TRANSACTIONAND ISAPPLICABLE. (1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency; (b) Have not within a three -year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three -year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. PART B: Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transactions CHECK IF THIS CERTIFICATION IS FOR A LOWER TIER COVERED TRANSACTIO\',4AD IS APPLICABLE. (1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. DI-2010 June 1995. (ibis roan replaces DI -1953, DI -1954, DI -1955, DI -1956 and DI -1963) PART C: Certification Regarding Drug -Free Workplace Requirements CHECK X /F THIS CERTIFICATION IS FOR AN APPLICANT WHO IS NOT AN INDIVIDUAL. Alternate I. (Grantees Other Than Individuals) . A. The grantee certifies that it will or continue to provide a drug -free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an ongoing drug -free awareness program to inform employees about- - (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will — ,(1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification numbers(s) of each affected grant; (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted -- (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a) (b), (c), (d), (e) and (f). B. The grantee may insert in the space provided below the site(s for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) 3696 W Orange Grove Tucson, Arizona 85741 Pima County (520) 382 -2708 Check if there are workplaces on file that are not identified here. PART D: Certification Regarding Drug -Free Workplace Requirements CHECK IF THIS CERTIFICATIONIS FOR ANAPPLICANT WHO IS ANI.VDIVIDUAL. Alternate II. (Grantees Who Are Individuals) (a) The grantee certifies that, as a condition of the grant, he or she will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in conducting any activity with the grant; (b) If convicted of a criminal drug offense resulting from a violation occurring during the conduct of any grant activity. he or she will report the conviction, in writing, within 10 calendar days of the conviction, to the grant officer or other designee, unless the Federal agency designates a central point for the receipt of such notices. When notice is made to such a central point, it shall include the identification number(s) of each affected grant. n June 1 0 JYn! 1995 (This form replaces DI -1953, DI -1954, DI -1955, DI -1956 and DI -1963) 1 TOWN TOWN COUNCIL OF MEETING MARANA INFORMATION DATE: October 7, 2003 AGENDA ITEM: IX. A. 6 TO: Mayor and Council FROM: Dan Groseclose, Community Development Specialist SUBJECT: Resolution No. 2003 -117 Authorization to enter into an Intergovernmental Agreement (IGA) between the Town of Marana and Pima County for the management and implementation of the 2003 Community Development Block Grant Program. DISCUSSION: This Resolution allows the Town to enter into an IGA with Pima County for the administration of the 2003 CDBG Program. The IGA is the same as in previous years, with the exception of the dollar amounts. This year the Town's CDBG allotment is as follows: Administration $ 30,000 Housing Rehabilitation $ 50,000 Affordable Housing Land Acquisition $ 30,000 Santa Cruz Multi Use Trail $150,000 Total $260,000 RECOMMENDATION: Staff recommends that Council approve the Community Development Block Grant project list. SUGGESTED MOTION: I move to approve Resolution No. 2003 -117. Cdbg /cdbg/blueres2001141 /dg/3:00 PM10 /01/03 r Y MARANA RESOLUTION NO. 2003-117 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AUTHORIZING THE TOWN TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH PIMA COUNTY FOR THE MANAGEMENT AND IMPLEMENTATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. WHEREAS, Pima County has submitted an application to the U.S. Department of housing and Urban Development (HUD) for the 2003 Community Development Grant (CDBG) funds; and WHEREAS, in the event that HUD approves Pima County's 2003 CDBG Consolidated Plan Annual Update, it is the desire of the Town of Marana and Pima County, that the Town of Marana's allocation of the grant be implemented by the Town of Marana. NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the accompanying Intergovernmental Agreement with Pima County be approved, provided that, as a condition precedent to the Agreement becoming effective, HUD must approve Pima County's 2003 CDBG Consolidated Plan Annual Update; and BE IT FURTHER RESOLVED that upon HUD's approval of Pima County's 2003 CDBG Consolidated Plan Annual Update, the Mayor of the Town of Marana is authorized to execute the Intergovernmental Agreement. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 7th day of October, 2003. Mayor Bobby Sutton ATTEST: . Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney 4 Y RESOLUTION NO. 2003 - RESOLUTION AUTHORIZING PIMA COUNTY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT ( "CONTRACT ") IN THE AMOUNT OF $260,000.00 WITH THE TOWN OF MARANA FOR THE MANAGEMENT AND IMPLEMENTATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. WHEREAS, Pima County has submitted an application consisting of the Annual Action Plan 2003 -2004 to the U.S. Department of Housing and Urban Development ( "HUD ") for 2003 -2004 Community Development Block Grant ( "CDBG ") funds; and WHEREAS, in the event that HUD approves Pima County's 2003 -2004 Annual Action Plan, it is the desire of Pima County and the Town of Marana that the Town of Marana's allocation of the grant be implemented by the Town of Marana; now, therefore, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF PIMA COUNTY that the accompanying Intergovernmental Agreement ( "Contract ") in the amount of $260,000.00 with the Town of Marana be approved, provided that, as a condition precedent to the Contract becoming effective, HUD must approve Pima County's 2003 -2004 Annual Action Plan; and BE IT FURTHER RESOLVED that upon HUD's approval of Pima County's 2003- 2004 Annual Action Plan, the Chair of the Board of Supervisors is authorized to execute the Intergovernmental Agreement ("Contract") and any related documents necessary to implement the agreement. PASSED AND ADOPTED ON PIMA COUNTY, A Body Politic & Corp. ATTEST Chair, Board of Supervisors Clerk, Board of Supervisors APPROVED AS TO FORM: Deputy County Attorney Y • Contract Number: PIMA COUNTY COMMUNITY SERVICES DEPARTMENT INTERGOVERNMENTAL AGREEMENT PROJECT NAME: Administration, Housing Rehabilitation, Affordable Housing Land Acquisition, Santa Cruz Multi Use Trail CONTRACTOR: Town of Marana 13251 N. Lon Adams Rd. Marana, AZ. 85653 PURPOSE: Provide funding for Contractor to administer and maintain the projects to be developed and carry out the specific activities, as described in the Project Summary Appendix A FUNDING: CDBG GRANT DISTRICT NO: 3 CONTRACT TERM: 10/01/03 TO 12!31/04 CONTRACT AMOUNT $260,000.00 INTERGOVERNMENTAL AGREEMENT FOR MANAGEMENT AND IMPLEMENTATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM THIS Intergovernmental Agreement ( "Contract ") entered into between Pima County, a body politic and corporate of the State of Arizona, hereinafter called " COUNTY" as the Community Development Block Grant Recipient, and the Town of Marana, a body politic and corporate, hereinafter called CONTRACTOR. WITNESSETH • WHEREAS, COUNTY through it's annual Community Development Block Grant (CDBG) proposal process forfederal year 2003, required all applicants submit a proposal for each of their projects that they would like to be considered for funding; WHEREAS, there has been enacted into law Public Law 97 -35, the Housing and Community Development Act, as amended, the primary objective of which is the development of viable urban communities by providing federal assistance for community development activities in urban areas, including the area served by the CONTRACTOR; WHEREAS, the COUNTY as an "Urban County" as the term is used in the Act, is authorized to apply for and accept Community Development grants with respect to its unincorporated territory and with respect to included units of general local government actively participating with the COUNTY to undertake or to assist in the undertaking of essential community development and housing assistance activities; WHEREAS, the CONTRACTOR is a legal entity within the territorial boundaries of the COUNTY; WHEREAS, the CONTRACTOR and COUNTY have agreed to submit a proposal to the U.S. Department of Housing and Urban Development, hereinafter referred to as "HUD "; WHEREAS, in the event that the CONTRACTOR'S proposal is approved by HUD as part of the County's Annual Action Plan and a Community Development Block Grant is made to the COUNTY on account of such Annual Action Plan, the parties heretofore will enter into this Contract providing for implementation of the CONTRACTOR'S allocation of the grant by the COUNTY, the Subrecipient or by cooperative action of the two agencies; WHEREAS, it is the desire of the CONTRACTOR and the COUNTY that the CONTRACTOR'S allocation of the grant be implemented by the Town of Marana; 41WHEREAS, the CONTRACTOR is the legal entity responsible for operating and maintaining the projects to be 'Weveloped, and carving out the specific activities, as described in the Project Summa (Appendix A); IY ( Pp WHEREAS, the CONTRACTOR shall undertake the same obligations to the COUNTY, as the COUNTY does to HUD, with respect to the CONTRACTOR'S allocation of the Community Development Block Grant; and WHEREAS, the Pima County Board of Supervisors reviewed and approved such proposal; now, therefore, The parties hereby enter into this Contract, consisting of this document and Appendices B (SPECIAL AGENCY CONDITIONS), C (CONTRACTOR'S CERTIFICATION), and D (INTERGOVERNMENTAL COOPERATIVE AGREEMENT BETWEEN PIMA COUNTY AND TOWN OF MARANA FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND HOME INVESTMENT PARTNERSHIP PROGRAM), all of which, with any attachments, are incorporated herein. ARTICLE I - TERM AND EXTENSION /RENEWAL This Contract shall commence on the 1 st day of October , 2003 , and shall terminate on the 31st day of December 2004 unless sooner terminated or further extended pursuant to the provisions of this Contract, provided that it shall not be effective until recorded with the Pima County Recorder following execution by both parties. This Contract, upon mutual consent of the parties, may be extended for succeeding one -year periods for up to 2 additional years. Any modification or time extension of this Contract shall comply with the modifications provisions contained Appendix B. ARTICLE 11— PAYMENT /FINANCING This is a cost reimbursement Contract. In consideration of the services specified in this Contract, the COUNTY agrees to reimburse CONTRACTOR for expenses up to $260,000.00 for administration, affordable housing land acquisition, housing rehabilitation, and the Santa Cruz multi use trail pursuant to the following budget: A. BUDGET Administration $- 30,000.00 • Housing Rehabilitation $ 50,000.00 Affordable Housing Land Acquisition $ 30,000.00 Santa Cruz Multi Use Trail $150,000.00 The total amount of this Contract is $260,000.00. B. PAYMENTS Payments and allocation by COUNTY will not exceed the $260,000 which as allocated for this project by the U.S. Department of Housing and Urban Development under the Community Development Block Grant Program. No funds other than the CDBG funds will be expended or advanced -by the COUNTY, from any source, for the projects described in Appendix A. Payments shall conform to the budget categories itemized in this article. Requests by CONTRACTOR for payment will include all claims and invoices of every kind and nature against COUNTY, arising under this Contract or any provision thereof, express or implied, or from any cause whatsoever. If CONTRACTOR requests payment for invoiced bills, not reimbursements, CONTRACTOR must submit evidence of payment of these invoiced bills within thirty calendar days. Future payments to CONTRACTOR may be withheld until this evidence of payment is received and approved by COUNTY. Reconciliation of payment received with actual costs incurred shall be accomplished prior to final payment, orthrough subsequent audit. If payment received exceeds actual costs, the CONTRACTOR shall, at the COUNTY'S sole discretion, 1) refund to the COUNTY within 30 days of request, the excess amount; or 2) provide, during the following contract term and without reimbursement overage divided by the unit fee in effect at the termination of the Contract term to which the overage applied. The additional units to be delivered shall be for commensurate contract services. o ff Contract services are not continued in the next Contract term, CONTRACTOR shall, within thirty (30( days of receipt f a request from COUNTY, refund to COUNTY the excess amount received. To the extent permitted by HUD regulations, CONTRACTOR may be paid for planning and administration activities occurring after July 1, 2003. All planning and administration costs not used by the end of the next fiscal year, June 30, 2004, shall be forfeited. ARTICLE III - SCOPE A. Purpose The purpose of this Contract is to provide funding for CONTRACTOR to administer and maintain the projects to be developed and carry out the specific activities, as described in the Project Summary contained in Appendix A and fully incorporated herein by reference. B. Scope Scope of work to be performed by CONTRACTOR may include: CONTRACTOR agrees to implement their allocation of the grant as described in Appendix A hereof fully in accordance with the terms of the overall application made by the COUNTY to HUD for funds to carry out the Projects, the Certifications which were submitted concurrently with the Annual Action Plan to HUD, and with the Intergovernmental Cooperative Agreement between Pima County and Town of Marana for the Community Development Block Grant Program and Home Investment Partnership Program contained in Appendix D and fully incorporated herein by reference. The Annual Action Plan is hereby incorporated by reference into this agreement fully as is set forth herein. CONTRACTOR agrees that it undertakes hereby the same obligations to the COUNTY that the COUNTY has undertaken to HUD pursuant to said Annual Action Plan and assurances. CONTRACTOR will hold COUNTY harmless against any injury which COUNTY may suffer with respect to HUD on account of any failure on the part of CONTRACTOR to comply with the requirements of any such obligation. 0 CONTRACTOR shall perform in accordance with the Project Summary Appendix A set forth in this Contract. The work under this Contract will be performed to the satisfaction of the COUNTY. COUNTY will interpret all reports pursuant to the budget and will decide the acceptability and progress of work, and amount to be paid under this Contract. C. Performance Requirements CONTRACTOR certifies that to the best of CONTRACTOR'S ability it will perform the work in accordance with the terms of this Contract including those contained in Appendices A, B, C, and D. CONTRACTOR shall employ suitably trained and skilled professional personnel to perform all services under this Contract. CONTRACTOR will supply County with a monthly and an annual report which lists statistical data on the clients served. The report will include location of client, income level, family size, race, if family is female headed household, services provided, and if family is elderly or handicapped. ARTICLE IV - INSURANCE CONTRACTOR shall obtain and maintain at its own expense, during the entire term of this Contract the following type(s) and amounts of insurance: a) Commercial General Liability in the amount of $1,000,000.00 combined, single limit Bodily Injury and Property Damage. Pima County is to be named as an additional insured for all operations performed within the scope of the Agreement between Pima County and CONTRACTOR; b) Commercial or Business automobile liability coverage for owned, non -owned and hired vehicles used in the performance of this Agreement with limits in the amount of $1,000,000.00 combined single limit or $1,000,000.00 Bodily Injury, $1,000,000.00 Property Damage; C) If this Agreement involves professional services, professional liability insurance in the amount Of $1,000,000.00; and, d) If required by law, workers compensation coverage including employees liability coverage. CONTRACTOR shall provide COUNTY with current certificates of insurance. All certificates of insurance must provide for guaranteed thirty (30) days written notice of cancellation, non - renewal or material change. ARTICLE V - INDEMNIFICATION CONTRACTOR shall indemnify, defend, and hold harmless COUNTY, its officers, employees and agents from and against any and all suits, actions, legal administrative proceedings, claims or demands and costs attendant thereto, arising out of any act, omission, fault or negligence by the CONTRACTOR, its agents, employees or anyone under its direction or control or on its behalf in connection with performance of this Contract. ARTICLE VI - COMPLIANCE WITH LAWS CONTRACTOR shall comply with all federal, state, and local laws, rules, regulations, standards and Executive Orders, without limitation to those designated within this Contract. The laws and regulations of the State of Arizona shall govern the rights of the parties, the performance of this Contract, and any disputes hereunder. Any action relating to this Contract shall be brought in a court of the State of Arizona in Pima County. Any changes in the governing laws, rules, and regulations during the terms of this Contract shall apply, but do not require an amendment. ARTICLE Vll - INDEPENDENT CONTRACTOR . The status of the CONTRACTOR shall be that of an independent contractor. Neither CONTRACTOR nor CONTRACTOR'S officers agents or employees shall be considered an employee of Pima County or be entitled to receive any employment- related fringe benefits under the Pima County Merit System. responsible for payment of all federal, state and local taxes associated with the comp nsation ed puursua this Contract and shall indemnify and hold COUNTY harmless from any and all liability which COUNTY may incur because of CONTRACTOR'S failure to pay such taxes. CONTRACTOR shall be solely responsible for program development and operation. ARTICLE Vlli - SUBCONTRACTOR CONTRACTOR will be fully responsible for all acts and omissions of any subcontractor and of persons directly or indirectly employed by any subcontractor and of persons for whose acts any of them may be liable to the same extent that the CONTRACTOR is responsible for the acts and omissions of persons directly employed by it. Nothin in this contract shall create any obligation on the part of COUNTY to pay or see to the a g subcontractor, except as may be required by law. P yment of any money due any CONTRACTOR shall not enter into any subcontracts for any services to be performed under this Contract unless it received prior written approval of the subcontract by the County. Contractor shall follow applicable Federal, State, and County rules for obtaining subcontractor services. Prior written approval shall not be required for the purchase of supplies where are necessary and incidental to Contractor's performance under this Contract. ARTICLE IX - ASSIGNMENT CONTRACTOR shall not assign its rights to this Contract, in whole or in part, without prior written approval of the COUNTY. Approval may be withheld at the sole discretion of COUNTY, provided that such approval shall not be unreasonably withheld ARTICLE X - NON - DISCRIMINATION CONTRACTOR shall not discriminate against any COUNTY employee, client or any other individual in any way because of that person's age, race, creed, color, religion, sex, disability or national origin in the course of car ' CONTRACTOR'S duties pursuant to this Contract. CONTRACTOR shall comply with the provisions of Executive ve out Orders 75 -5, as amended by Executive Order 99 -4, which are incorporated into this Contract by reference as if set forth in full herein. ARTICLE XI - AMERICANS WITH DISABILITIES ACT CONTRACTOR shall comply with all applicable provisions of the Americans with Disabilities Act (Public Law 101 -336, 42 U.S.C. 12101- 12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36. ARTICLE XII — WORKER'S COMPENSATION Each party shall comply with the notice of A.R.S. § 23- 1022(E). For purposes of A.R.S. § 23 -1022, each party shall be considered the primary employer of all personnel currently or hereafter employed by that party, irrespective of the operations of protocol in place, and said party shall have the sole responsibility for the payment of Worker's Compensation benefits or other fringe benefits of said employees. ARTICLE XIII - AND COMPLETE PERFORMANCE The failure of either party to insist on one or more instances upon the full and complete performance with any of the terms or conditions of this Contract to be performed on the part of the other, or to take any action permitted as a result thereof, shall not be construed as a waiver or relinquishment of the right to insist upon full and complete performance of the same, or any other covenant or condition, either in the past or in the future. The acceptance by either party of sums less than may be due and owing it at any time shall not be construed as an accord and satisfaction. ARTICLE XIV - CANCELLATION FOR CONFLICT OF INTEREST This Contract is subject to cancellation for conflict of interest pursuant to ARS § 38 -511, the pertinent provisions of which are incorporated into this Contract by reference. ARTICLE XV — TERMINATION /SUSPENSION a) Term= COUNTY reserves the right to terminate this Contract at any time and without cause by serving upon CONTRACTOR 30 days advance written notice of such intent to terminate, except that if the Community Development Block Grant from the Department of Housing and Urban Development under which this Contract is made, is terminated or the amount of the grant reduced, the County, shall thereupon have the right to terminate or reduce the contract dollar amount of this Contract by giving the contractor written notice of such termination and specifying the date thereof at least fifteen (15) days before the effective date of such termination. In the event of termination under this paragraph, the COUNTY'S only obligation to CONTRACTOR shall be payment for services rendered prior to the date of termination. bJ Non - Appropriation of Funds Notwithstanding any other provision in this Contract, this Contract maybe terminated if for any reason, there are not sufficient appropriated and available monies for the purpose of maintaining COUNTY or other public entity obligations under this Contract. In the event of such termination, COUNTY shall have no further obligation to CONTRACTOR, other than to pay for services rendered prior to termination. C) Suspension for Cause County may suspend operations and payments under this Contract immediately for violation of contractual requirements, unsafe working conditions, violation of Federal or State law, or lack of 40 asonable progress in accomplishing objectives and schedules contained in this Contract. d) Administrative Suspension County may temporarily suspend operations and payments under this Contract immediately at any time if the Board of Supervisors or Administration determines that it is in the County's best interest to suspend this Contract. In the event of such suspension, Contractor shall assist County by providing information and documents to evaluate the status of the Contract and whether it should be continued. ARTICLE XVI - NOTICE Any notice required or permitted to be given under this Contract shall be in writing and shall be served by personal delivery or by certified mail upon the other party as follows: COUNTY: Pima County Community Services Director 32 North Stone Avenue. 16 Floor Tucson, AZ. 85701 CONTRACTOR: Town of Marana 13251 N Lon Adams Road Marana, AZ. 85653 ARTICLE XVII - NON- EXCLUSIVE CONTRACT CONTRACTOR understands that this Contract is nonexclusive and is for the sole convenience of COUNTY. COUNTY reserves the right to obtain like services from other sources for any reason. ARTICLE XVIII - OTHER DOCUMENTS CONTRACTOR and COUNTY in entering into this Contract have relied upon information provided in the 0 CONTRACTOR'S proposal submitted in response to Pima County's annual CDBG proposal process which, together with any other submissions or representations made by Contractor, to the extent, not inconsistent with this Contract. To the extent of any inconsistency among the Contract documents, the Special Agency Conditions shall govern except as otherwise required by law. - ARTICLE XIX - REMEDIES Either party may pursue any remedies provided by law for the breach of this Contract. No right or remedy is intended to be exclusive of any other right or remedy and each shall be cumulative and in addition to any other right or remedy existing at law or at equity or by virtue of this Contract: ARTICLE XX - SEVERABILITY Each provision of this Contract stands alone, and any provision of this Contract found to be prohibited by law shall be ineffective to the extent of such prohibition without invalidating the remainder of this Contract. ARTICLE XXI — RECORD RETENTION Contractor shall keep and maintain proper and complete books, records and accounts, which shall be open at all reasonable times for inspection and audit by duly authorized representative of County. Contractor shall retain all records relating to this Contract at least 4 years. The retention period starts from the date of submission of the County's annual performance and evaluation report, as prescribed in 24 CFR 91.520, in which the specific activity is reported on for the final time rather than from the date of submission of the final expenditure report for the award or, if later, until any related pending proceeding or litigation has been closed. Contractor must comply with Section 570.506 "Records to be Maintained" of the Community Development Block Grant Program — Entitlement Grant Regulations. '0 ARTICLE XXII - ENTIRE AGREEMENT This document including all appendices and attachments constitutes the entire agreement between the parties pertaining to the subject matter hereof, and all prior or contemporaneous agreements and understandings, oral or written, are hereby superseded and merged herein. This Contract may be modified, amended, altered or extended only by a written amendment signed by the parties and recorded with the Pima County Recorder. IN WITNESS THEREOF, the parties have affixed their signatures to this Contract on the date written below. PIMA COUNTY CONTRACTOR —TOWN OF MARANA Chair, Board of Supervisors Mayor Date: Date: ATTEST ATTEST Clerk of the Board Town Clerk Date: Date: APPROVED AS TO CONTENT rW Department 6ea Pursuant to A.R.S. §11- 952(D), the undersigned has determined that the foregoing Intergovernmental Agreement between Pima County and the Town of Marana is in the proper form and within the powers and authority granted under the laws of the State of Arizona. PIMA COUNTY - TOWN OF MARANA 1' . Deputy County Attorney Town Attorney Date: 9 ,29 10 :� Date: Appendix A PROJECTS SUMMARY See attached for each project: Administration Housing Rehabilitation Affordable Housing Land Acquisition Santa Cruz Multi Use Trail i 7 Q o 0 o Q Q ti vi erg w �3 � f w w i H m 7 c O a) (7 w JQ O E O O N O p fQ O d may. o 0 Rf � d E c O r' M 'p Q. a E xq a. eco • O Li Q R o O cn o v O = CL p m d z O 4 .. o � $ o 0 w - U O M= ¢ o ¢ m o a. c CL U N - U � J R Q. Q� O a� E C6 E 0 C9 m U Cc E Z Z 0 U rn *" c m 0.— W O Q 0 g as a _ w wo w o I- p 1 C c O S ►. oa m Q p c N _ LLO t CL a a m .. w w = S L _ = W w J () v _— �p IL` $ 000 N N C O 'a N _ LL CD C a w Q r O Ca = m 2 a -J t 3 O � •� c R v _ C d d v .a a N a a d C �tf o E Q v y U v c C - 0 La m "c n o N L C O ai ai y.. U O D= v o _ _� o O IL p as U U _ 1C m c4 CL 0 3 L .r cli - _ 0 - _ - -. - _ VJ _ - - _ - _ - • _ -_ - _ _ R. - " _ °-' C7 m _ a. .. N _ p N O O O^ O F - _.. L. Z Z In J V L O y Tn O 0) a N o d� y = 3% o Q o - c w m o w IL _ IX� m CD N d v 9 O � LL tSx D = = to W U w 0 CL -i 0 0 0 Q o N V L C C IL C :a w ¢ O d m 0 'E a E ❑ w O O O o Q u U w 2 I- O O � � r as 06 °�� v o f `� e to W U G tC C 0 X v c w o Lt L . Q ° `c • O = R c 'o =° 9 Z k•. ¢ c°., O = o = o C D = V o U) M LL C (� o _ W U i 0 G1 to c CL C C C6 V N V 'p O lQ > N , O m R OW 0 N V7 G N a jp O a w ca N 4J = .p � O O 0 0 — m a z z N-i v c 3 E E m =O N. 0 - T = E3 3 3 t >,O c cE ow L — -0 t > N O Q R U 7 N CL c om� yOy .at3 o m o O M r- G = V N E m ¢ CO _ _ ❑_ c c r~..•> ° caw ¢ o 0 += a) T Q) :R o `- U U G V p m ` EL U N O C t- = a. w °��' t 3 E m m = d o a (D IL -j g Q 0 n a � o N U � • L 0 C O Ll. 01 L IJJ Q J '' CA 0 O p o L�• �- U u1 = 2 f- F- 9D N 0 r • _. C r U o o e j L E CL fl L 0 0 C 0 in o Q co o T� 8 ca 3t L+ aim o C'J w i (D ca m �rnL E E (I3 ° = o > cn W W G R O U p3 - T -C7 2! z !fl J V . N -. 3 V to m EJ - U o a W-9 R GI N = 6= a N N_ D c c _ o -- m La (D `o U U a. 0 w a v o g V, C = s ul ( - U U O_ v L'. J Appendix B SPECIAL AGENCY CONDITIONS 1. Modification Modifications may be made to this Agreement in accordance with the following provisions: A. All modifications shall be in writing and shall conform to applicable law, Federal and State regulations and County policies and directives. Approval of modifications is at the sole discretion of County. B. Major modifications shall be by written amendment signed by both parties. Major modifications include any which do the following: a. Change the purpose of the Agreement; b. Increase or decrease the compensation provided for in the Agreement; c. Change the term of the Agreement; d. Change the scope or assurances of the Agreement; e. Change any section of the Agreement other than the Scope of Work or budget; f. Any change that is not a minor modification as described below. C. Minor modifications may be made by written memorandum approved and signed by the Director of the Pima County Community Services Department. Minor modifications are changes in the Scope of Work or budget which do not change the purpose or total compensation of this Agreement and do not in any way increase the direct or indirect liability of the County under this Agreement. 2. Procurement of Goods and Services: Contractor is not the agent of County for any purpose and shall not purchase any materials, equipment, or supplies on the credit of the County. Contractor shall comply with OMB Circular No. A -122, "Cost Principals for Non - Profit Organizations" (if Contractor is a non -profit corporation) and OMB Circular No. A -110. 3. Monitoring and Evaluation: County shall monitor all activities and information sources in the management, fiscal, and service systems of Contractor and any subcontracted parties, relating to performance of duties and obligations under this Contract, to assure that Contractor is maintaining adequate and acceptable progress and systems, and to ensure that the funds provided to Contractor by County are being used effectively and efficiently to accomplish the purposes for which funds were made available. County in cooperation with Contractor shall evaluate products, services, and performance under the terms of this contract. Contractor shall assist County in providing to the U.S. Department of Housing and Urban Development reports and other communications relating to the performance and impact of the projects, as described in the Projects Summary Appendix A. 4. Client Fees and Program Income: Any program income generated and received by Contractor as a result of contract services shall be kept by Contractor, used for the purpose of this contract, and reported to County. W ontractor shall comply with Section 570.504 "Program Income ", and Section 570.503 "Agreements with Subrecipients" of the Community Development Block Grant Program Entitlement Grant Regulations. 5. Identification Of Funding and Copyrights: 0 All advertisements, real property, publications, printed and other materials which are produced by the Contractor and refer to services funded under this Agreement shall clearly attribute "PIMA COUNTY" and the Community Development Block Grant Program in the following suggested format: Funded by. Pima County and the Community Development Block Grant Program Reference to Pima County shall be displayed at least as prominently as other credited funding sources. B. Contractor shall not copyright any materials or products developed through contract services or contract expenditures without priorwritten approval by the County. Upon approval, the federal government and Pima County shall have anon exclusive and irrevocable license to reproduce, publish or otherwise use or authorize the use of any copyrighted material. 6. Nepotism Agency shall not employ relatives in positions where one is in supervisory chain of the other, nor where one is in daily working contact with the other. A. "Relative" means the spouse, child, child's child, parent, grandparent, brother or sister of whole or half blood or child of a spouse. B. County may grant temporary waiver of this policy where relative employment situation already exists at the time of execution of this contract. 7. Audit Requirements: A. Federal Requirements (applicable if Federal funds are involved): If Contractor is a state, local government or non - profit organization which expends $300,000 or more of federal funds during the year, then, Contractor shall comply with OMB Circular A -133_ (31 U.S.C. § 503, 1111, 7501 et seq. And Executive Orders 8248 and 11541) and includes the compliance supplement OMB Circular A-1 33, "Audits of State and Local Governments and Non -Profit Organizations." If total expenditures of Federal awards are greater than $100,000 but less than $300,000 then a program - specific audit in accordance with generally accepted auditing standards, which includes compliance testing, is required annually. If total Federal expenditures are $100,000 or less, but at least $50,000, then a program- specific audit in accordance with generally accepted auditing standards, which includes compliance testing, is required bi- annually. Contractors with total expenditures of Federal awards less than $50,000 do not have an annual audit requirement. B. State of Arizona Audit Requirements: NOT APPLICABLE C. Additional County Requirements: a. Contractor shall establish and maintain a separate, identifiable accounting of all funds provided by County pursuant to this agreement. b. County may require any contractor to provide a program - specific or financial audit at any time by providing written notice to the Contractor. Such notice shall specify the period to be covered by the audit, the type Appendix C CONTRACTOR'S CERTIFICATION Contractor hereby certifies it will comply with: 1) HUD Community Development Block Grant Regulations at 24 CFR Part 570. 2) Title I of the Housing and Community Development Act of 1974. 3) 24 CFI Part 85, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Govemments" (if Agency is local government). 4) Title VI of the Civil Rights Act of 1964. 5) Section 109 of the Housing and Community Development Act of 1974. 6) Executive Order 11246 - Equal Employment Opportunity. 7) Section 3 of the Housing and Urban Development Act of 1968. 8) Flood Disaster Protection Act of 1973. 9) National Environment Policy Act of 1969. Section 106 of the National Historic Preservation Act of 1966, Executive Order 11593. 0 10) Federal Labor Standards Provisions. 11) OMB CincularA -133, "Audits of States and Local Governments and Non -Profit Organizations ". 12) OMB Circular A -122, "Cost Principals for Non - Profit Organizations" (if agency is non - profit organization), 13) OMB Circular A-1 10, A-87, and A -21. 14) Subpart K of the Community Development Block Grant Program Entitlement Regulations. 15) 570.200(J) First Amendment Church/State Principles of the Community Development Block Grant Program Entitlement Regulations. 16) 570.503(b)(6) Prohibition Against Religious Activities. 17) 570.503(b)(8) Reversion of Assets APPENDIX D Intergovernmental Cooperative'Agreement between Pima County and Town of Marana forthe Community Development Block Grant Program and Home Investment Partnership Program See attached: Resolution No. 2001 -132 Resolution NO. 2001-52 IGA NO. 01 -39 -M- 129182 -0701 rxv�; • 5866 _ 7TY RECORDER OF PAGES: 8 _ � t 0230 ` 1 P.00D 20011391343 PIMA CO CLERK OF 'ln� 07/19/2001 BOARD •?e: RE S PICKUP 17:30 PICKUP AMOUNT PAID $ 0.00 RESOLUTION NQ. 2001 — 132 Resolution Of the Board of Supervisors of Pima County, Arizona authorizing execution of an Intergovernmental Cooperative Agreement between Pima County and the Town of Marna to engage in housing and community development activities through the Community Development Block Gra and Home Investment Partnership (HOME) Programs. WHEREAS, County and Town may contract for services and enter into agreements with one anothe, for joint or cooperative action pursuant to A.R.S. § 11 -951, et seq.; and WHEREAS, it is necessary to enter into an intergovernmental Cooperative Agreement in order to meet requirements of the Housing and Community Development Act of 197 and subsequent amendments; and WHEREAS, County and Town desire to engage in housing and comm unity. develop m ent activities as authorized under the Housing and Community Development A� Or' 1974 and subsequent amendments; and WHEREAS, County and Town do hereby find and determine that it is in the best in' 7 st of the residents of the unincorporated areas of the-- County and of the T own of Marana that housing and community development activities be performed jointly in accordance with the provisions of this Agreement and that the U.S. Department of Housing and Urban Development (HUD) recommends that expendltures of funds for each purpose be on an Urban County basis; and WHEREAS, it is mutually beneficial to each of the parades hereto for the County to administer and 2x=cute t provisions of the Agree in accordance With the terms and conditions iii ;'cli �cPt�r provided and subjec1 10 local ordinance and State and Federal law; now, therefore. BE IT RESOLVED BYTHE BOARD OF SUPERVISORS 01 COUNTY, ARIZONA, as forows: 1• The attached Intergovernmental Coop ee a i ^ „gr m n� between Pim a County and t. ;; e Town of Marana for CDBG and HOME Program pu 2• rposes is hereby approved; and The Chair of the Board of Supervisors is hereby instructed and authorized to sign tne Intergovemmental Cooperative Agreement for the Pima County Board of Supervisors. PASSED," -.ND ADOPTED ON - PIMA COUNTY, k 50 dy Politic & Corp c ; ( (l A ii1 LST < . • ✓ O and of Su - rvi rs _ — • � �� _ /3Io dl ark, Bovril o�upeNorS� APPROVED AS TO FORM. Deputy County Attomey p - ?--- a CERTIFIED Original Co;-'y At'op!ad of C)un rdin an # wWvtion # b ra I v' rk ats MARANA RESOLUTION NO. 2001-52. A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARAN AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL, C oApEAR.IZONA, AGREEMENT BETWEEN PIMA COUNTY AND THE TOWN OF R.A.TIVE HOUSING AND COMMUNITY DEVELOP Iv�NT ACTIVITI�HROU H THE . COMMLTNZTY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMEN PARTNERSHIP (HOME) PROGRAMS. T IEREAS, County and Town may contract for services and enter into dements another WI - for joint or cooperative action pursuant to A.RS.§ 11-9 51, , -'t-seq.; a.�d d one AREAS, it is necessary to enter into an Intergove-runental Cooperative A¢reemer' ' order to meet the requirements of the Housing and Comrnurdty Development Act of 1974 �� m subsequent amendments; and and - . WHEREAS, County and Town desire to engage ilZ housing and cOMM-unity develop activities as authorized under the Housing and Comrnun�-, ue y Development Act of 1974 and subse nt amendments; and q nt WHREAS, County and Town do hereby lnd and determine that it s in the best int the residents ofthe unincorporated areas of ti County and of the Town oflJ -- of community development acti�rities be performed jointly in accordance , ,.ith the p ovisons of this Agreement and that the U.S. Departm of Housing a.=)-d urban Developrnant (, -f[�� reco_ ' that expendrtuies of finds for each purpose be on ,n Urc.�Z County ) 'ends - unty basis; a-d - WHEF F s . S, it is 1 beneficial to each of the pa pies hereto for the Co , iy to admi and execute the provisions ofthe Agreement in accordance ;loth the t,.rmsms and conditi ° cons heranafter provided and s'1biect to local ord ^ nce and State and Federal law; NOW, T BE IT RESOLVED by the Mayor and Couhcil of the T Marana, A s folio « own. of = 1• The attached In°er�ove ° `al Coo i-aiT' eni perainve 4 g e`Il1eIlt be +� th� or Maraaa for CDBG and H01C Prozram purpos s `Iie b Count' and y approved; _ ?• T ne Mayor of the Town of Mar. na e.-,-by <e is _ --. 'n'Led and z*, -� z = L: move-: entai Coo ,° Agr ° o« - , d to sign she = p, l �Lr� Air, ,. 3„nL for L_he Town of M - ar ana. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 22n day of May, 2001. ATTEST: B SUTTON, JR. Jocelyn . Entz Town erk f tC� v7C� 3' APPROVED AS TO FORM: � jQ Daniel J. Hochuli As Town A:oraey and not personally CONTRACT ISO. /11 /d D 7, AMEN014ENT IN 0 This number must eacear on all Invoices, corresponcerce and Intergovernmental Cooperative A documents perlainirg to this between Pima County and Town of Marana for the Community Development Block Grant Program and Home Investment Partnership Program Of This Intergovernmental Cooperative Agreement made and entered into this 1 st day _ Jul y 2001 by and between the County of Pima, a body politic and corporate of the State of Arizona, hereinafter referred to as "County," and the Town of Marana, a municipal corporation of the State of Arizona, located within the boundaries of the County of Pima, hereinafter referred to as "Town." RECITALS A. WHEREAS County and Town may contract for services and enter into agreements with one another for joint or cooperative action pursuant to A.R.S. § 11 -951, et seq. B. WHEREAS it is necessary to enter into a Cooperative Agreement in order to meet the requirements of the Housing and Community Development Act of 1974 and subsequent amendments. C.' WHEREAS County and Town are individually authorized by law to engage in housing and community development activities. D. WHEREAS County and Town do hereby find and determine that it is in the best interest of* the resid of the unincorporated areas of the County and the Town that housing and community development activities be performed jointly in accordance with the provisions of this Agreement and that the U.S. Department of Housing and Urban Development recommends . that expenditures of funds for such purpose be on an Urban County basis. E. WHEREAS it is mutual( beneficial to =each of a • a Y .. th., parti..s hereto for County to administer and execute the provisions of this Agreement and the provisions of the Agreement for Management and Implementation of the CDBG Program and HOME Program Agreements entered into by the parties, which Agreements are hereby incorporated by reference as if fully - set forth herein, in accordance with the terms and conditions hereinafter provided and subject to local ordinance and State and Federal law. _ NOW, THEREFORE, County and Town, pursuant to the above, and in consideration of the matters and things hereina er sat for'n, d o mutua agrees as follows: 1. Pima County, as an Urban County, is hereby designated as the.sponsor'ng agency to administer and impiernent the plan and program for housing and community =` development activities for each of the participating p a r ties to t nis AGr ��Ti�i t lil - accordance with th provisions of the Housing and Community Development Act of 1974 and subsequent amendments, th laws of the State of Arizona, and the terms and conditions provided herein. in this respect, the Town agrees that the County is hereby delegated the power to plan and undertake community development projects within its jurisdiction and will have the final responsibility for selecting all CDBG and • • f .. HOME projects in accordance with the approved Community Development and Housing Consolidated Plan pursuant to 24 CFr2 Part 91. 2. 1t is understood and agreed that the County . as the Grantee is to take the final responsibility and to assume all the obligations of applicant for assistance under the provisions of said Housing and Community bevelopment Act of 1974 and subsequent amendments, the three -year certifications' as required by HUD, subject to change in legislation or regulations and the Consolidated Plan. 3. The County and Town agree to cooperate to .undertake, or assist in undertaking, community renewal and lower income housing assistance activities, specifically urban renewal and publicly assisted housina. 4. The County and Town do not have the power to veto or otherwise restrict or withhold the support given by the County or the Town to the activities proposed in the Consolidated Plan for any program year covered by this Agreement. In the event that any participating member entity does not comply with a federal prerequisite in order for funds to be expended in such area, then said entity's share shall be expended within all or any portion of the area served by the member entities who qualify under the provisions of said Act. 6. It is understood that in order to qualify for funds under the Housing and Community Development Act of 1974 and subsequent amendments, it is necessary that a Consolidated Plan be submitted to and approved by the United States Department of 0 Housing and Urban Development. All parties hereto agree to abide by the terms and conditions of an approved Consolidated Plan for housing and community development activities as submitted to the Department of Housing and Urban Development. Upon executing the Agreement the Town agrees not to apply for CDBG funds from the State of Arizona Small Cities Program and may not participate in a HOME conso; `turn except through the Urban County during the period in which it is participating in the Urban County's CDBG Program. Nothing herein shall be construed as limiting in any manner the power; of any of the respective parties to initiate and complete - a local project within their respective jurisdiction with their own funds. 6. The 1st day of iuly 2001 , shall be the effective date of Agreement, and remain in force *for three years. This Agreement covers CDBG and HOME Pro funding for Federal Fiscal years 2002, 2003, and 2004. This Aareement may be amended to extend the term of Agreement in order to complete activities funded but _- not completed, or to expend program income received during the three years covered by this Agreement. _ 7• The Town and the Count recognize the `Y g that t the County shall be the governmental entity required to execute any grant agreement received pursuant to Consolidated Plan, and that the County shall thereby become responsible thereunder for the proper -` performance of the plan and program. The Town agrees that it shall fully cooperate with the County in all er,•orts hereunder and that they will assist in doing any and all things required or appropriate to comply with the provisions of any grant agree;;;ent received by the County pursuant to the Act and its regulations. 8. All records of the County or Town related to this Consolidated Plan and any projects undertaken pursuant thereto shall upon reasonable notice, be available for inspection by HUD, County, and /or Town auditors, during normal business hours. 9. This intergovernmental Cooperative Agreement shall be binding upon the parties hereto, their successors and assignees. Any assignment of Agreement shall be void without the consent of the other party. 10. Pursuant to the primary objective of Title I of the Housing and Community Development Act of 1974, the parties hereby agree to direct their Community Development Block Grant and HOME Program resources .toward the development of viable urban communities, by providing decent housing and a suitable living environment and expanding economic opportunities; principally for persons of low- and moderate - income. 11. County and Town will take all required actions necessary to comply with the Urban County's Certification required by Section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, including Title VI of the Civil Rights Act of 1964, the Fair Housing Act section 109 of Title i of the Housing and Community Development Act of 1974 and other applicable laws. County shall not fund Town if the Town does not affirmatively further fair housing within its own jurisdiction. County and Town agree to affirmatively further fair housing within County and Town. Town shall take no actions to impede the County's actions to comply with County fair housing certification. 12. County and Town have adopted and are enforcing policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non - violent civil rights demonstrations; and A policy of enforcing applicable State and local laws against physically A tra 9 bamng entrance to or exit from a facility or location which is the subject of such non - violent civil rights demonstrations within its jurisdiction. 13. The parties agree that a fully executed amendment or amendments to this Agreement shall be entered into as required or necessary to implement a detailed and formulated plan and program as contemplated hereunder or for the purpose of complying wit, any grant agreement received or the regulations issued pursuant to the r.ct. Failure by either party to adopt an Amendment to this Agreement incorporating all = changes necessary to meet the requirements for cooperation Agreements set forth in the Urban County Qualification Notice applicable for the year in which the next qualification of the Urban County is scheduled shall automatically terminate this Agreement following the expenditure of all Community Development Block Grant and HOME funds allocated for use in the Town's jurisdiction. 14. Pursuant to 24 CFR 570.501(b), the Town is subject to the same requirements applicable to subrecipients, including the requirement for a written Agreement set forth in 24 CFR 570.503. 15. The County, as the CDBG grant recipient for the urban county has full responsibility for the execution of the community development program, for following its Consolidated Plan, and for meeting the requirements of other applicable laws (e.g., National Environmental Policy Act, Uniform Relocation Act, .Fair Housing Act, Title VI of the Civil Rights Act of 1964, Sec. 504 of the Rehabilitation Act of 1973, Seca 109 of the Housing and Community Development Act of 1974, the Americans with Disabilities Act of 1990, and for affirmatively furthering fair housing). County shall be held accountable for the accomplishment of the community development program, for following the Consolidated Plan, and for ensuring that actions necessary for such accomplishment are taken by Town. 16. The par`ues acknowledge that A.R.S. § 38 -511 requires that notice of A.R.S. § 38 -511 be included in every contract of a political subdivision of the State of Arizona and that both parties must comply with all applicable provisions of Arizona Executive Order 75 -5, as amended by Executive Order 99 -4 [relating to non - discrimination]. THIS SPACE INTENTIONALLY LEFT BLANK z. a � , IN WITNESS WHEREOF, the parties hereto have caused this Cooperative Agreement to be executed the 3rd day of July 2001 . PIMA COUNTY BOARD OF SUPERVISORS TOWN OF MARANA Chair, Board of Su iso s 7/3/01 Mayor ATTEST: A t`fEST: , d Clerk, Board br S pervisors a Y own Cler a w a• REVIEWED BY: APPROVED AS TO FO 7a z— erector, Community Services Dept. Town Attomey APPROVED AS TO FORM: -_ Deputy County Attomey ��' coR � As ��. p , g E �itectto ► ►��,� ��_� a s s • TOWN COUNCIL TOWN MEETING OF INFORMATION MARANA DATE: October 7, 2003 AGENDA ITEM: IX. A. 7 TO: Mayor and Council FROM: Joel D. Shapiro, Planning Director SUBJECT: Resolution No. 2003 -119 — Orange Grove I -10 Plaza Final Plat: A request for final plat approval on 26 acres to construct a 20 -lot light industrial subdivision located between the Union Pacific Railroad and westbound Interstate 10 Frontage Road on the south side of Orange Grove Road, in a portion of Sections 7 & 8, Township 13 South, Range 13 East. DISCUSSION: The preliminary plat for this project was approved by the Town Council on January 21, 2003. The proposed final plat is in conformance with the approved preliminary plat. The Shomac Group is requesting approval of a Final Plat for a 26 -acre site to construct a 20- lot light industrial subdivision. The subject property is located between the Union Pacific Railroad and the westbound Interstate 10 frontage road on the south side of Orange Grove Road in a portion of Sections 7 and 8, T13S, R1 3E. This project is located within a "LP' Light Industrial zone per the Marana Land Development Code. This project will be focusing on automotive type services. The proposed anchor tenant will be a full service, one -stop shop for recreational vehicles. This will include air - conditioned storage, with maintenance and service on the RVs. A condition of approval on the preliminary plat was that the Town must receive acceptance from ADOT prior to the Final Plat being scheduled for Council. The developer has worked extensively with the Arizona Department of Transportation and an agreement has been reached between the two parties. The final plat is in conformance with this agreement. RECOMMENDATION: Staff recommends approval. SUGGESTED MOTION: I move to approve Resolution No. 2003 -119. • MARANA RESOLUTION NO. 2003-119 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, APPROVING THE FINAL PLAT FOR ORANGE GROVE I -10 PLAZA, SUBMITTED BY THE SHOMAC GROUP, THAT WOULD CREATE AN INDUSTRIAL SUBDIVISION CONSISTING OF 20 LOTS ON APPROXIMATELY 26 ACRES, LOCATED ON THE SOUTH SIDE OF ORANGE GROVE ROAD BETWEEN THE UNION PACIFIC RAILROAD RIGHT -OF -WAY AND THE WESTBOUND INTERSTATE 10 FRONTAGE ROAD, WITHIN A PORTION OF SECTIONS 7 & 8, TOWNSHIP 13 SOUTH, RANGE 13 EAST. WHEREAS, the Shomac Group Inc. is the owner of 26.218 acres of property located on the south side of Orange Grove Road between the Union Pacific Railroad right -of -way and the westbound Interstate 10 frontage road and specifically in a portion of Sections 7 & 8, Township 13 South, Range 13 East; and WHEREAS, the Shomac Group Inc. has applied to the Town of Marana for approval of a • final plat for Orange Grove I -10 Plaza an industrial subdivision consisting of 20 lots; and WHEREAS, the Marana Town Council has given the owners, staff, and members of the public an opportunity to be heard on this matter at the regular Town Council meeting held on October 7, 2003, and has determined that the final plat for Orange Grove I -10 Plaza should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Ma- rana, Arizona, that the Orange Grove I -10 Plaza Final Plat, submitted by The Shomac Group Inc. for an industrial subdivision consisting of 20 lots on approximately 26 acres of property, located on the south side of Orange Grove Road between the Union Pacific Railroad right -of- way and the westbound Interstate 10 frontage road and specifically in a portion of Sections 7 & 8, Township 13 South, Range 13 East, be approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Ari- zona, this 7` day of October, 2003. Mayor BOBBY SUTTON, JR. ATTEST: APPROVED AS TO FORM: • Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Marana Resolution No. 2003 -119 AGENDA ITEM NUMBER: VIII.C.3 • T PLANNIl�G COMMISSION November 13, 2002 CASE No: PRV -0163p CASE NAME: Orange Grove I -10 Plaza Preliminary Plat Owner's Name: Shomac Group Inc. Project Firm: American Pacific Engineering, LLC Contact: Michael Owen Fi Addres 7835 E. Marquise Drive, Tucson, AZ 85715 Location of Request: A twenty -six acre parcel between the Union Pacific Railroad and westbound Interstate 10 Frontage Road on the south side of Orange Grove Road. Nature of Request: Approval of a Preliminary Plat to construct a 20 -lot light industrial ark. Site Size: 26 acres Zone District: "LI" Light Industrial Existing Use: Vacant and undeveloped Proposed Use: The Shomac Group proposes to construct a 20 -lot light industrial park. Report Date: November 5, 2002 Project Planner: Lisa Shafer, Planner I • SUMMARY OF APPLICATION The Shomac Group is requesting approval of a Preliminary Plat for a 26 -acre site to construct a 20 -lot light industrial park. The subject property is located between the Union Pacific Railroad and the westbound Interstate 10 frontage road on the south side of Orange Grove Road in a portion of Sections 7 and 8, T13S, R13E. This project is located within a "LI" Light Industrial zone per the Marana Land Development Code. The "LI" zone is intended to provide for manufacturing, processing, research, science, engineering, wholesale trade and services, and other commercial, institutional and certain limited retail sales and services. This project will be focusing on automotive type services. The proposed anchor tenant will be a full service, one -stop shop for recreational vehicles. This will include air - conditioned storage and maintenance on the RVs as its main services. This project consists of one main road, Travel Center Drive, which provides access to all of the lots. The egress /ingress to this site is off of River Road by way of Joiner Road and off of the I- 10 westbound Frontage Road by way of the newly created Biz -Hub Way. The preliminary plat has been under review since June 2001. Within this time frame, the developer has worked extensively with Union Pacific Railroad and Arizona Department of Transportation to ensure safe access to this site. On October 1, 2002 the Town of Marana entered into a new public road crossing developer's agreement with Union Pacific Railroad Company for Joiner Road. This agreement will ensure the widening of Joiner Road as well as the reconstruction of the existing railroad crossing. • The project site has undergone extensive earthwork being performed by means of a Stockpile Permit that was issued on April 27, 2001. A Native Plant Permit for the site was approved by e the Planning Commission on June 27, 2001. In December, the Council, sitting as the Board of Adjustments, will act upon a variance request for this project that would allow lots 15, 17 and 18 to be less than the required 200 foot lot depth. Because of the necessary road and the fixed • width of the project site, supports the variance. Staff has reviewed the request against the requirements of the underlying zoning district. All applicable development standards are adhered to with this Preliminary Plat with the exception of lot depth for lots 15, 17 and 18, but a variance will be approved prior to Town Council receiving this preliminary plat. Staff is recommending approval based on the recommended findings of fact. RECOMMENDED FINDINGS OF FACT I . The property is currently designated "LI" (Light Industrial). The proposed development is allowable under this designation with the approval of the variance. The project is in compliance with all other development standards related to this classification. 2. This proposal is consistent with the purpose and intent of the Town of Marana General Plan. 3. This proposal, with the recommended conditions, is not detrimental to the immediate area and to the health, safety, and welfare of the inhabitants of the area and the Town of Marana. Staff Recommendation: APPROVAL subject to conditions. CONDITIONS 1. The Engineering Department must accept the Traffic Report prior to the preliminary plat being scheduled for Council. 2. The Engineering Department must accept the Drainage Report prior to the preliminary plat being scheduled for Council. 3. The Engineering Department must accept the Environmental Report prior to the preliminary plat being scheduled for Council. 4. The Engineering Department must accept the-Preliminary Plat prior to it being scheduled for Council. 5. The Town must receive acceptance from ADOT prior to the Final Plat being scheduled for Council. 6. The required variance for the lot depth of lots 15, 17 and 18 must be approved by the Town Council, acting as the Board of Adjustments, prior to the,preliminary plat being approved by Council. CASE ANALYSIS REVIEW cRITExiA 1. Ability to comply with Development Regulations, i.e. Water, Sanitation, access. Developable Parcel, etc.: The property is currently designated as "LI" (Light Industrial). Adequate area exists for this subdivision on this site. The development will be in compliance with the requirements of all agencies prior to Council approval. 2. Ability to comply with requirements of the Zoning Regulations, i.e. Lot size. Frontage, Setbacks. etc.: This proposal will comply with all the requirements of the Light Industrial zoning district after a variance has been approved by the Board of • Adjustments for the lot depth of parcels 15, 17 and 18. PAGE 2 OF 3 3. Is consistent with the purpose of the Zoning Regulations and with the intent of the General Plan: This proposal is consistent with the purpose and intent of the Land Development Code and the Town of Marana General Plan designation of . Industrial /General. 4. Compatible with the surrounding area, harmonious with character of the neighborhood. not detrimental to the immediate area or the development of the area. and not detrimental to the health, safety, or welfare of the inhabitants of the area and the Coun The proposed subdivision will allow for manageable parcels to be sold and developed in a cohesive development pattern. This proposal is also not detrimental to the immediate area and to the health, safety, and welfare of the inhabitants of the area and the Town of Marana. Suggested Motion: I move to approve Case No. PRV -0163p the Preliminary Plat for Orange Grove 1 -10 Plaza subject to the listed conditions. • PAGE 3 OF 3 TOWN COUNCIL; TOWN MEETING OF • INFORMATION MARANA DATE: Januwy 21, 2003 AGENDA ITEM: TO: Mayor and Council FROM: Joel D. Shapiro, Planning Director SUBJECT: Resolution No. 2003 -05 — Orange Grove I -10 Plaza Preliminary Plat A request for preliminary plat approval on 26 acres to construct a 20 -lot light industrial park located between the Union Pacific Railroad and westbound Interstate 10 Frontage Road on the south side of Orange Grove Road, in a portion of Section 7, Township 13 South, Range 13 East. DISCUSSION: This project was presented to the Planning Commission on November 13, 2002. The Planning Commission is forwarding this preliminary plat to the Town Council with a unanimous recommendation for approval. The Shomac Group is requesting approval of a Preliminary Plat for a 26 -acre site to construct a 20- lot light industrial park. The subject property is located between the Union Pacific Railroad and the westbound Interstate 10 frontage road on the south side of Orange Grove Road in a portion of Sections 7 and 8, T13S, R13E. . This project is located within a "LI" Light Industrial zone per the Marana Land Development Code. The "LI" zone is intended to provide for manufacturing, processing, research, science, engineering, wholesale trade and services, and other commercial, institutional and certain limited retail sales and services. This project will be focusing on automotive type services. The proposed anchor tenant will be a full service, one -stop shop for recreational vehicles. This will include air- conditioned storage and maintenance on the RVs as its main services. This project consists of one main road, Travel Center Drive, which provides access to all of the dots. The egress /ingress to this site is off of River Road by way of Joiner Road and off of the 1 -10 westbound Frontage Road by way of the newly created Sydney Theresa Way, named after Commissioner Russell Clanagan's daughter who has been diagnosed with Metachromatic Leukodystrophy. The preliminary plat has been under review since June 2001. Within this time frame, the developer has worked extensively with Union Pacific Railroad and Arizona Department of Transportation to ensure safe access to this site. On October 1, 2002 the Town of Marana entered into a new public road crossing developer's agreement with Union Pacific Railroad Company for Joiner Road. This agreement will ensure the widening of Joiner Road as well as the reconstruction of the existing railroad crossing. The project site has undergone extensive earthwork being performed by means of a Stockpile Permit that was issued on April 27, 2001. A Native Plant Permit for the site was approved by the Planning Commission on June 27, 2001. On December3, 2002, the Council, sitting as the Board of Adjustments, unanimously approved a variance request for this project that would allow lots 15, 17 and 18 to be less than the required 200 foot lot depth. Staff has reviewed the request against the requirements of the underlying zoning district. All applicable development standards are adhered to with this Preliminary Plat with the approved variance. RECOMMENDED CONDITION OF APPROVAL: • 1. The Town must receive acceptance from ADOT prior to the Final Plat being scheduled for Council. RECOMMENDATION: Staff recommends conditional approval. SUGGESTED MOTION: I move to approve Resolution No. 2003 -05 with the listed condition. • a 0 Orange Grove a Fin Pl � 4 C • f i iii ■■ ■ ■ ■ ■■■ ■ ' t■■■■ ■ /■/■/J rrir �■■1■IH■■■•�� •� 1■/■ ■� ■ ■ n l • ! ii sue '• ' r ■iiiiiii�ii iniii� � ■NA �� arse e i s i e i e i e o e i • � -- - � . ��...... 1111 ■111�11111111�■ e s ♦ . e • I n■H■ ■ ■ ■ ■i • sees• +• ��11111111111� �eesss. ■� ■m �1 • ,eessso. o�e�s�s�e�s�. f� �,��Ili� � iii i� � ■■■■ �■ . sssss���sesv `I��` � �� ■■i.. ■� see. e.•. 1 +es•. - ' • � 1 111 ■ ■■■■■� ! , � o. ■iiiiii� ■■■� 1 ► ►� mom SUBJECT Pf A request for approval of a final plat that would create a 20-lot light industrial su bdivision . 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J �: io v v �! w is A I; � � cY $7.b !M) 10 w V a v1u�0 m to ora"olo w o, N �, a= m p wu Cal caiw m i� 5i I ;0 l�r, �� ' a/ N ml vl�.N N O N - Nl� N.V N V V N V D o ca a. � a1 a s [a �. a .e1 a l p � art p rn� C CO V • 'iC O O Oi O a m C. m0 m m O a a O CU p�_ mx o 0 olof�+ o o v o vloty $ v o .t,V o .l �yp o a - m _ - t _ _ m cam_ i a$ r O R/ wv t : wowouo °o a LL /7- a■ � 'it" a i + ,ua N.tpNm a N W C Wr , Z ON 1 G p. u N O i N o; m a u� 14 .r; BOO PAGE f TOWN COUNCIL TOWN MEETING OF • INFORMATION MARANA DATE: October 7, 2003 AGENDA ITEM: IX. A. 8 TO: Mayor and Council FROM: Joel D. Shapiro, Planning Director SUBJECT: Resolution No. 2003 -120 — Old West Business Park Final Plat: A request by John and Tracey Gutierrez for final plat approval on 4.28 acres to allow for an eight lot industrial complex in the HI (Heavy Industrial) zone located on the east side of Camino Martin approximately 1,000 feet south of Jeremy Place in a portion of Section 6, Township 13 South, Range 13 East. DISCUSSION: This project was presented to the Planning Commission on September 26, 2001. The Planning Commission is forwarding this final plat to the Town Council with a unanimous recommendation of approval. The development plan/preliminary plat was approved by the Town Council on September 19, 2000. The proposed final plat is in conformance with the approved development plan/preliminary plat. The applicant is requesting approval of a Final Plat to allow for an eight lot industrial complex in the HI (Heavy Industrial) zone on 4.28 acres. The subject property is located on the east side of Camino Martin approximately 1,000 feet south of Jeremy Place in a portion of Section 6, Township 13 South, Range 13 East. The developer is building this project out in phases. Currently, Buildings #1, 2 & 3 (lots 1- 6) have been built and the infrastructure for the entire project has been installed. With the approved development plan the owner could build the entire 8 lots, but would only be allowed to lease the spaces. The approval of this final plat will allow 8 separate lots to be created that could be sold to eight (8) individual owners. The developer chose to not send this final plat to the Town Council until such time that all infrastructure for the entire site was installed, therefore eliminating the requirement for an Assurance Agreement. This resulted in a 2 -year lag time between Planning Commission recommendation and the Town Council consideration. The Town Council approved a Variance on June 6, 2000 to allow the development to be divided into lots of less than one acre in area, in conjunction with a proposed industrial complex project. The approval of the request allows for less than the minimum one (1) acre lot size required in the Heavy Industrial (I11) zone per section 05.12.03.G.1. of the Marana Land Development Code. RECOMMENDATION: Staff recommends approval. SUGGESTED MOTION: I move to approve Resolution No. 2003 -120. • MARANA RESOLUTION NO. 2003-120 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, APPROVING THE FINAL PLAT FOR THE OLD WEST BUSINESS PARK, A 4.28 ACRE INDUSTRIAL COMPLEX, LOCATED ON THE EAST SIDE OF CAMINO MARTIN, APPROXIMATELY 1,000 FEET SOUTH OF JEREMY PLACE IN A PORTION OF SECTION 6, TOWNSHIP 13 SOUTH, RANGE 13 EAST. WHEREAS, John and Tracey Gutierrez are the owners of the property located on the east side of Camino Martin, approximately 1,000 feet south of Jeremy Place in a portion of Section 6, Township 13 South, Range 13 East; and WHEREAS, John and Tracey Gutierrez have applied to the Town of Marano for approval of a final plat for an eight lot industrial complex; and WHEREAS, the Marana Town Council has given the owners, staff, and members of the public an opportunity to be heard on this matter at the regular Town Council meeting held October 7, 2003, and has determined that the final plat for The Old West Business Park should • be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Old West Business Park Final Plat, submitted by John and Tracey Gutierrez for a 4.28 acre industrial complex, located on the east side of Camino Martin approximately 1,000 feet south of Jeremy Place in a portion of Section 6, Township 13 South, Range 13 East be approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 7 day of October, 2003. Mayor BOBBY SUTTON, JR. ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Marano Resolution No. 2003 -120 t AGENDA ITEM NUMBER: VIII.A.5 !STAFF REPO RT PLANNING COMMISSION September 26, 2001 CASE No.: PRV -0050f CASE NAME: Old West Business Park Final Plat Owner's Name: John & Tracey Gutierrez Applicant's Name: Jeffrey Stanley Engineering Contact: Jeff Stanley Applicant's Address: 3409 W. Green Ridee Tucson, AZ 85741 Location of Request: The site is located on the east side of Camino Martin approximately 1,000 feet south of Jeremy Place in a portion of Section 6, Township 13 South, Range 13 East. Nature of Request: An application for Development Plan & Preliminary Plat to allow the construction of an eight lot industrial complex. Site Size: Approximately 4.28 acres Zone District: HI (Heavy Industrial) Existing Use: Building #3 (lots 5 & 6) has been built and portions of it are occupied. Proposed Use: 8 lot industrial development with building for lease or sale. Report Date: September 18, 2001 Project Planner: Lisa Shafer Planner I SUMMARY OF APPLICATION The applicant is requesting approval of a Final Plat to allow for an eight lot industrial complex in the HI (Heavy Industrial) zone. The development plan/preliminary plat was approved by the Town Council on September 19, 2000. The proposed final plat is in conformance with the approved development plan/preliminary plat. The subject property is located on the east side of Camino Martin approximately 1,000 feet south of Jeremy Place in a portion of Section 6, Township 13 South, Range 13 East. The developer is building this project out in phases. Currently, Building #3 (lots 5 & 6) has been built. With the approved development plan the owner could build the entire 8 lots, but would only be allowed to lease the spaces. The approval of this final plat will allow 8 separate lots to be created that could be sold to eight (8) individual owners. The proposed industrial complex will encompass the entire 4.28 acres and be developed as a unified project. The parking areas, utilities and landscaping will be constructed for the entire project as though it was one owner. The overall appearance would be one unified project, not eight (8) individual projects. The Town Council approved a Variance on June 6, 2000 to allow the development to be divided into lots of less than one acre in area, in conjunction with a proposed industrial complex project. The approval of the request allows for less than the minimum one (1) acre lot size required in the Heavy Industrial (HI) zone per section 05.12.03.G. I. of the Marana Land Development Code. This existing land use designation is HI (Heavy Industrial). The purpose of the HI zone is to r _provide those employment activities that often require outdoor activity and/or storage. It is also the purpose to provide employment opportunities. Staff has reviewed the request against the requirements of the underlying zoning district. All applicable development standards are adhered to with this Final Plat. Staff is recommending approval based on the recommended findings of fact_ RECOMMENDED FINDINGS OF FACT 1. The property is currently designated HI (Heavy Industrial). The proposed development is allowable under this designation. The project is in compliance with all other development standards of the specific plan related to this classification. 2. This proposal is consistent with the purpose and intent of the Town of Marana General Plan. 3. This proposal is also not detrimental to the immediate area and to the health, safety, and welfare of the inhabitants of the area and the Town of Marana. Staff Recommendation: APPROVAL with one condition. RECOMMENDED CONDITIONS OF APPROVAL 1. Final acceptance of the CC &R's prior to the Final Plat being scheduled for Town Council. CASE ANALYSIS REvIEW CRITERIA 1. Ability to comply with Development Regulations, i.e. Water, Sanitation, access, Developable Parcel, etc.: The property is currently designated as HI (Heavy Industrial). Adequate area exists for this development on this site. The development is in compliance with the requirements of all agencies. 2. Ability to comply with requirements of the Zoning Regulations, i.e. Lot size, Frontage Setbacks, etc.: This proposal complies with all the requirements of the HI zoning designation. 3. Is consistent with the purpose of the Zoning Regulations and with the intent of the General Plan This proposal is consistent with the purpose and intent of the Town of Marana General Plan. 4. Compatible with the surrounding area, harmonious with character of the neighborhood, not detrimental to the immediate area or the development of the area, and not detrimental to the health, safety, or welfare of the inhabitants of the area and the County The subject site is adjacent to uses compatible with the ultimate proposed development of the site. This proposal is also not detrimental to the immediate area and to the health, safety, and welfare of the inhabitants of the area and the Town of Marana. Suggested Motion: I move to approve Case No. DPR- 0050f, the Final Plat for Old West Business Park subject to the condition outlined in this staff report. PAGE 2 OF 2 Old West Business Park MARANA Final Plat =/ I \ CASE NO. PRV 0050 f TOWN OF MARANA ........... f = ; ---; . .... .. .... ........ ------ - ... ......... ... .... ......... . .................. .............. * .................. ...... ... . .............. ...... .. ... ........... ...... . ... . ... ............ s ^ ... .................. . .... ..... ....... . .. I r' .......... ..... ...... I ... ... ..... ...... .. ......... ...... F :> ... ... ... . . ......... . ................ . . . . ..... .... ............ . ...... ... ........ .......... {} . ....... . . ............. ............. .. . .... . ...... ... . .......... - ..... .. ...... ...... ...... ................... ..... # m ....... . . . . ......... ..................... --- .... ..... ...... ...... .......... - \�; } . ........... . . - ................ .4 --- ... .......... # ,; ......... ........ 1 7. , r x 1: !. k ; i 4 z f `. >�< w — i ...: .. .... .... Subjec Pr opertv # , fs .. i,. y { N ----------------------- ........ ......................... ... ..... ....... ... . .. ..... ............ ..... ... ....................... ... .......... . .......... .... .. ... . .. ................ ..... ........... } 300 0 300 600 Feet . ............... . .. . : �.: REQUEST FLLL A request for the approval of a Final Plat to allow for the creation of an 8 - lot Industrial Subdivision at 6890 N. 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A. 10 TO: Mayor and Council " FROM: Frank Cassidy, Town Attorney SUBJECT: Resolution No. 2003 -124 — Resolution authorizing an intergovernmental agreement with the Town of Oro Valley designating each Town's attorney as the A.R.S. § 9- 500.12 exaction and dedication hearing officer for the other. DISCUSSION: A.R.S. § 9- 500.12 requires municipalities to designate a hearing officer as part of a mandated procedure for hearing and considering landowner appeals of certain exactions and dedications. This item would authorize the execution of an intergovernmental agreement with the Town of Oro Valley, designating the Oro Valley Town Attorney as the Town of Marana's exaction and dedication hearing officer and designating the Marana Town Attorney as the Town of Oro Valley's exaction and dedication hearing officer under A.R.S. § 9- 500.12. This intergovernmental agreement provides a low -cost, high quality method of complying with • A.R.S. § 9- 500.12 by allowing each municipality to take advantage of the knowledge and skill of the other's Town Attorney in determining the legality and appropriateness of exaction and dedication requirements imposed on landowners. RECOMMENDATION: Staff recommends the approval of Resolution No. 2003 -124. SUGGESTED MOTION: I move to approve Resolution No. 2003 -124. MARANA RESOLUTION NO. 2003-124 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH THE TOWN OF ORO VALLEY TO PROVIDE RECIPROCAL HEARING OFFICER SERVICES UNDER A.R.S. § 9- 500.12, RELATING TO LANDOWNER APPEALS OF CERTAIN DEDICATIONS AND EXACTIONS. WHEREAS, A.R.S. § 9- 500.12 requires Arizona municipalities to have a hearing officer to hear and decide landowner appeals of certain dedications and exactions; and WHEREAS, the town attorneys' offices of the Towns of Marana and Oro Valley employ attorneys with the knowledge and training necessary and prudent to act as dedication and exac- tion hearing officers; and WHEREAS, the Town of Marana finds that entering into an intergovernmental agreement for reciprocal exaction and dedication hearing officer services is in the best interests of the public • health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Ma- rana, Arizona, approving and authorizing the Mayor to execute an intergovernmental agreement with the Town of Oro Valley designating each Town's attorney as the A.R.S. § 9- 500.12 exac- tion and dedication hearing officer for the other, in the form presented to the Mayor and Council concurrently with this Resolution, and authorizing the Town Manager, Town Attorney and other Town staff to undertake all other tasks required to carry out the terms, obligations and objectives of the intergovernmental agreement. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 7 ffi day of October, 2003. Mayor BOBBY SUTTON, JR. ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Resolution No. 2003 -124 • INTERGOVERNMENTAL AGREEMENT FOR RECIPROCAL HEARING OFFICER SERVICES UNDER ARIZONA REVISED STATUTES § 9- 500.12 THIS AGREEMENT, is made by and between the TOWN OF MARANA, Arizona ( "MARANA ") and the TOWN OF ORO VALLEY, Arizona ( "ORO VALLEY ") for reciprocal hearing officer services under Arizona Revised Statutes § 9- 500.12. WHEREAS, MARANA and ORO VALLEY, pursuant to Arizona Revised Statutes § 11- 952(A) are authorized to enter into intergovernmental agreements for joint and cooperative action with other public entities; and WHEREAS, Arizona Revised Statutes § 9- 500.12 requires that each town designate a hearing officer to hear and decide appeals from final determinations made by the town that grant approval for the use, improvement or development of real property subject to the requirement of a dedication or exaction as a condition of granting the approval; and WHEREAS, it is in the best interests of MARANA and ORO VALLEY that they enter into an agreement providing for reciprocal hearing officer services to be performed by their respective Town Attorneys in connection with appeals that arise under ARS § 9- 500.12. NOW, THEREFORE, in consideration of the mutual promises expressed herein, it is agreed that . in the event an appeal is requested by a property owner in NL RANA under ARS § 9- 500.12, the ORO VALLEY Town Attorney will serve as the designated . hearing officer for MARANA, and in the event an appeal is requested by a property owner in ORO VALLEY under ARS § 9- 500.12, the MARANA Town Attorney will • serve as the designated hearing officer for ORO VALLEY. � g IT IS FURTHER AGREED that this Agreement shall remain in effect subject to termination upon thirty days' notice by either party. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the last date set forth below their respective signatures, which shall be the effective date of this Agreement. TOWN OF MARANA TOWN OF ORO VALLEY By: By: Bobby Sutton, Jr. Paul Loomis Mayor Mayor Date: Date: ATTEST: ATTEST: By: By: Jocelyn C. Bronson Kathryn Cuvelier Town Clerk Town Clerk ATTORNEY CERTIFICATION The undersigned attorneys for the Town of Marana and the Town of Oro Valley have determined, each as to their respective client only, that this intergovernmental agreement is in proper form and is within the powers and authority granted under Arizona law to the Town of Marana and the Town of Oro Valley. Frank Cassidy Mark Langlitz • Marana Town Attorney Oro Valley Town Attorney 2 NATIONAL ARTS AND HUMANITIES MONTH OCTOBER 2003 WHEREAS, the month of October has been recognized as National Arts and Humanities Month by thousands of arts and cultural organizations, communities, and states across the nation as well as by the White House and Congress for several years; and WHEREAS, the arts and humanities embody much of the accumulated wisdom, intellect, and imagination of humankind; and WHEREAS, the arts and humanities enhance and enrich the lives of every American; and WHEREAS, arts education research findings suggest the following: o The arts help close the achievement gap, especially among disadvantaged youth. o The arts improve the academic skills essential for reading and language development. o The arts build strong mathematical skills. o The arts advance the motivation to learn. o The arts promote positive social development; and WHEREAS, the nonprofit arts industry also strengthens our economy by generating $134 billion in economic activity annually and by supporting the full -time equivalent of 4.85 million jobs; and WHEREAS, the United States Conference of Mayors passed unanimously in June 2003, a policy resolution to urge mayors and other elected officials to proclaim October as National Arts and Humanities Month. NOW, THEREFORE, BE IT RESOLVED, that the Marana Town Council does hereby proclaim October as National Arts and Humanities Month in Marana, Arizona, and calls upon our citizens to celebrate and promote the arts and culture in our nation and to specifically encourage the greater participation of children in educational programs and activities in the arts and humanities. Dated this r day of October, 2003. Mayor Bobby Sutton ATTEST: Jocelyn C. Bronson, Town Clerk NATIONAL ARTS AND HUMANITIES MONTH OCTOBER 2003 WHEREAS, the month of October has been recognized as National Arts and Humanities Month by thousands of arts and cultural organizations, communities, and states across the nation as well as by the White House and Congress for several years; and WHEREAS, the arts and humanities embody much of the accumulated wisdom, intellect, and imagination of humankind; and WHEREAS, the arts and humanities enhance and enrich the lives of every American; and WHEREAS, arts education research findings suggest the following: o The arts help close the achievement gap, especially among disadvantaged youth. o The arts improve the academic skills essential for reading and language development. o The arts build strong mathematical skills. o The arts advance the motivation to learn. 0 The arts promote positive social development; and WHEREAS, the nonprofit arts industry also strengthens our economy by generating $134 billion in economic activity annually and by supporting the full -time equivalent of 4.85 million jobs; and WHEREAS, the United States Conference of Mayors passed unanimously in June 2003, a policy resolution to urge mayors and other elected officials to proclaim October as National Arts and Humanities Month. NOW, THEREFORE, BE IT RESOLVED, that the Marana Town Council does hereby proclaim October as National Arts and Humanities Month in Marana, Arizona, and calls upon our citizens to celebrate and promote the arts and culture in our nation and to specifically encourage the greater participation of children in educational programs and activities in the arts and humanities. Dated this 7`' day of October, 2003. Mayor Bobby Sutton ATTEST: Jocelyn C. Bronson, Town Clerk TOWN COUNCIL TOWN MEETING OF INFORMATION MARANA DATE: October 7, 2003 AGENDA ITEM: IX. B. 1 TO: Mayor and Council FROM: Frank Cassidy, Town Attorney SUBJECT: Resolution No. 2003 -115 — Resolution authorizing purchase portions of Tax Parcel No. 219- 36 -006B by condemnation for the construction of roadway improvements at and near the intersection of Tangerine and Thornydale Roads. DISCUSSION: This item would authorize the Town Attorney to bring condemnation proceedings to acquire property at the northwest corner of Tangerine and Thornydale Roads needed for the construction roadway improvements. Specifically, the Town needs fee simple ownership of a 0.293 acre triangle of property at the corner and a temporary construction easement over a 5250 square foot strip of property along Tangerine Road. This resolution also authorizes the Town Engineer to make minor modifications of the needed property's legal description without the need to return to the Town Council. The Town has approached the owners of the property, Mr. & Mrs. Charles Wilson, about acquiring the property by negotiation rather than condemnation, and has offered the appraised value o f $ 6,800 f or the land. T he W ilsons i ndicated t hat they w ould p refer f or t he Town t o proceed with a condemnation action at this time. They apparently plan to pursue a rezoning of their remaining land in the near future. However, the Town has already advertised for construction bids for this project and cannot wait for the rezoning process to end before acquiring the needed land. RECOMMENDATION: Staff recommends the approval of Resolution No. 2003 -115. SUGGESTED MOTION: I move to approve Resolution No. 2003 -115. MARANA RESOLUTION NO. 2003-115 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY BY EXERCISE OF THE POWER OF EMINENT DOMAIN AS NECESSARY FOR THE CONSTRUCTION OF ROADWAY IMPROVEMENTS AT AND NEAR THE INTERSECTION OF TANGERINE AND THORNYDALE ROADS, AND DECLARING AN EMERGENCY. WHEREAS, it is necessary for the Town of Marana to acquire portions of Tax Parcel No. 219- 36 -006B described and depicted in Exhibit A attached to this resolution and any other reasonable modifications to the described property as may be approved by the Town Engineer (the "Needed Property") in connection with the construction of roadway improvements at and near the intersection of Tangerine and Thornydale Roads in the Town of Marana. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, authorizing and directing the Town's staff and attorneys to bring an action under the power of eminent domain to acquire the Needed Property for its fair market value as determined based on an independent fee appraisal or based on a determination of just compensation by the Court or jury. IT IS FURTHER RESOLVED that it is necessary for the preservation of the peace, health, and safety of the Town of Marana that this resolution become immediately effective; therefore, an emergency is hereby declared to exist and this resolution shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 7 th day of October, 2003. Mayor BOBBY SUTTON, JR. ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Resolution No. 2003 -115 y ' LEGAL DESCRIPTION 15'X 350' TEMPORARY CONSTRUCTION EASEMENT TAX PARCEL 219- 36 -006B A TEMPORARY CONSTRUCTION EASEMENT OVER A PORTION OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 11 SOUTH, RANGE 13 EAST, GILA AND SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS: COMMENCING AT A BRASS CAP SURVEY MONUMENT AT THE NORTHEAST CORNER OF SECTION 6 TOWNSHIP 12 SOUTH, RANGE 13 EAST, GILA AND SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA FROM WHICH A BRASS CAP SURVEY MONUMENT AT THE SOUTH QUARTER CORNER OF SAID SECTION 31 BEARS SOUTH 89 0 47'48" WEST, A DISTANCE OF 2516.44 FEET; THENCE SOUTH 89 0 47'48" WEST ALONG THE SECTION LINE COMMON TO SAID SECTION 6 AND SAID SECTION 31, A DISTANCE OF 1025.00 FEET; THENCE NORTH 00 WEST DEPARTING SAID SECTION LINE, A DISTANCE OF 50.00 FEET TO A POINT ON THE NORTHERLY RIGHT -OF -WAY LINE OF TANGERINE ROAD AS SHOWN IN BOOK 7 OF ROAD MAPS PAGE 83 RECORDS OF PIMA COUNTY, ARIZONA SAID POINT BEING THE POINT OF BEGINNING; THENCE CONTINUE NORTH 00 0 12'12" WEST DEPARTING SAID NORTHERLY RIGHT- OF -WAY LINE, A DISTANCE OF 15.00 FEET; THENCE NORTH 89 0 47'48" EAST, A DISTANCE OF 350.00; THENCE SOUTH 00 0 12'12" EAST, A DISTANCE OF 15.00 FEET TO THE NORTHERLY RIGHT -OF -WAY LINE OF SAID TANGERINE ROAD; THENCE SOUTH 89 0 47'48" WEST ALONG SAID NORTHERLY RIGHT -OF -WAY LINE, A DISTANCE OF 350.00 TO THE POINT OF BEGINNING. CONTAINING 5250 SQ FEET MORE OR LESS. 4"­ 2 787 MtCt1AFJ. L a ' SCHLO£ItA MICHAEL L. SCHLOEMAN, R.L.S. S :UOBS\3592L3592- 924lTCES\LEGALS \15X350 TAX PARCEL 219- 36- 006B.doc LEGAL LOG 801 Page 1 of I i 15XW TEMPORARY CONSTRUCTION EASEMENT INA PORTION OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSH� 11 SOUTH, RANGE 13 EAST, GILA AND SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA I i I i i I I � c NORTH TAX PARCEL #219 -36-0068 cr. ui SCALE: 1 " =80' q cc o °1 1 N 89'4748" E 350.00' � - - - - -- --------------- -------- - --,�, IS 8947'48" W 350.00' fl FOUND i P.O.B. ° o ° BCSM ii I 3 S 89'4748 W 1025.00' c °� T.11 S R. 13E. FOUND o S $9"4748" W 2516.44' P.O. C. FOUND N 89'34'34" E BCSM 3 ° TANGERINE ROAD BcsM — 6T5— 117 53 1 _ o � T.11 S. R. 13E 8K. 7 R.M. PG. 83 T.12S. R. 13E. c ui II Q i I I I LINE TAB E o WAND s NUMBER DIRECTION DISTANCE L1 M 00'12'12" W 50.00' 21787 0 L2 NI, 00'12'12" W 15.00' a MICHAEL L L3 SI 00'12'12" E 15.00' Ts �2ONA . 5 TETRA TECH, INC. jN1TA5TRUC7URESOUTNKsT GROUP 33 M Stone, 15th floor ICI T cson, AZ 85701 (520) 623 -7950 DATE JULY '03 J= NO. 3522 -9241 I I I i I LEGAL DESCRIPTION -- RIGHT -OF -WAY TAKE TAX PARCEL NO. 219-36-006B A PORTION OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP I I SOUTH, RANGE 13 EAST, GILA AND SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA, SAID PORT ION BELNG DESCRIBED AS FOLLOWS: C01IMENCII G AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER; THENCE NORTPI 00 °06'40" «`ST, ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 50.00 FEET TO - THE NORTH RIGHT-OF-WAY LINE OF T.A- NGERI'�rE ROAD AS SHOWN IN BOOK 7 OF ROAD MAPS AT PAGE 83, RECORDS OF SAID PIMA COUNTY; THENCE SOUTH 89°34'34" WEST, ALONG SAID NORTH RIGHT -0F -WAY LINE, A DISTANCE OF 30.00 FEET TO THE WEST RIGHT -OF -WAY LINE OF THORNYDALE ROAD AS DESCRIBED IN ESTABLISHMENT PROCEEDINGS NO. 273A, SAID POINT BEING TAB POINT OF BEGLNINI iG; THENCE S ID OUTH 89 °34'34" WEST, CONTINUING ALONG SA NORTH RIGHT -0F WAY LINE A DISTANCE OF 78.64 FEET; i THENCE NORTH 13 °30'31" EAST A DISTANCE OF 333.95 FEET TO THE AFORESAID WEST RIGHT OF -WAY LINE OF THORNYDALE ROAD; s THENCE SOUTH 00 °06'40" EAST, ALONG SAID WEST RIGHT-OF-WAY L.LN'E, A DISTANCE OF 32 4. 13 FEET TO THE POINT OF BEGRiNING. SAID PORT ION CONTAINING 12,745 SQUARE FEET OR 0.293 ACRES, MORE OR LESS. 1 22759 A � LEOh,ka foh!L� R. , r Cmet <OdR L' S' J. ..OXAR ?RTES , ILL. 5 :IODSV39 4_•9.r.LEG,\L'_Is- �6-0o6a.da LEGAL LOG NO. S23 Page I of I s owner in ORO VALLEY under ARS § 9- 500.12, the MARANA Town Attorney will • serve as the designated hearing officer for ORO VALLEY. IT IS FURTHER AGREED that this Agreement shall remain in effect subject to termination upon thirty days' notice by either party. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the last date set forth below their respective signatures, which shall be the effective date of this Agreement. TOWN OF MARANA TOWN OF ORO VALLEY By: By: Bobby Sutton, Jr.. Paul Loomis Mayor Mayor Date: Date: ATTEST: ATTEST: By: By: Jocelyn C. Bronson Kathryn Cuveher Town Clerk Town Clerk ATTORNEY CERTIFICATION The undersigned attorneys for the Town of Marana and the Town of Oro Valley have determined, each as to their respective client only, that this intergovernmental agreement is in proper form and is within the powers and authority granted under Arizona law to the Town of Marana and the Town of Oro Valley. Frank Cassidy Mark Langlitz • Marana Town Attorney Oro Valley Town Attorney 2 TOWN COUNCIL TOWN MEETING OF INFORMATION MARANA DATE: October 7, 2003 AGENDA ITEM: IX. B. 2 TO: Mayor and Council FROM: Frank Cassidy, Town Attorney SUBJECT: Resolution No. 2003 -116 — Resolution authorizing purchase by condemnation of certain Continental Ranch Community Association lands for the construction of a 14 foot wide multi -use path and associated landscaping and other amenities DISCUSSION: This item would authorize the Town Attorney to begin condemnation proceedings to acquire certain common area from Continental Ranch Community Association. The common area is a segment of the right -of -way needed for the construction of a 14 -foot wide multi -use path and associated landscaping and other amenities along a nearly four mile segment of the Continental Ranch neighborhood adjacent to the Santa Cruz River. The Town has approached the Association about acquiring the common area, and Town staff has attended an Association meeting to facilitate the acquisition. The Town's proposal to acquire the common area and construct these improvements received an overwhelmingly favorable response. Unfortunately, the covenants, conditions and restrictions (CC &Rs) governing the Association require the approval of two- thirds of the total membership to convey common a rea — a t hreshold n of reasonably f easible considering t he s ize o f the A ssociation's membership. The o my w ay t o s idestep this r equirement i s t o a cquire t he 1 and i n a" friendly condemnation" action — a concept supported by the Association's management and attorney. RECOMMENDATION: Staff recommends the approval of Resolution No. 2003 -116. SUGGESTED MOTION: I move to approve Resolution No. 2003 -116. • MARANA RESOLUTION NO. 2003-116 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY BY EXERCISE OF THE POWER OF EMINENT DOMAIN AS NECESSARY FOR THE CONSTRUCTION OF A 14 -FOOT WIDE MULTI -USE PATH AND ASSOCIATED LANDSCAPING AND OTHER AMENITIES ALONG A FOUR MILE SEGMENT OF THE CONTINENTAL RANCH NEIGHBORHOOD ADJACENT TO THE SANTA CRUZ RIVER, AND DECLARING AN EMERGENCY. WHEREAS, it is necessary for the Town of Marana to acquire Common Area Al of Parcel 3 and Common Area B2 of Parcel 4 of Continental Ranch (the "Needed Property") in connection with the construction of a 14 -foot wide multi -use path and associated landscaping and other amenities along a nearly four mile segment of the Continental Ranch neighborhood adjacent to the Santa Cruz River; and WHEREAS, fee title to the Needed Property is held by the Continental Ranch • Community Association (the "Association "), which is the master homeowners' association for the Continental Ranch development; and WHEREAS, the conditions covenants and restrictions governing the Association's right to convey common area make it impracticable to obtain the Needed Property by negotiation. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, authorizing and directing the Town's staff and attorneys to bring an action under the power of eminent domain to acquire the Needed Property for its fair market value as determined based on an independent fee appraisal or based on a determination of just compensation by the Court or jury. IT IS FURTHER RESOLVED that it is necessary for the preservation of the peace, health, and safety of the Town of Marana that this resolution become immediately effective; therefore, an emergency is hereby declared to exist and this resolution shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 7 day of October, 2003. Mayor BOBBY SUTTON, JR. ATTEST: APPROVED AS TO FORM: • Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney TOWN COUNCIL TOWN MEETING OF INFORMATION MARANA DATE: October 7, 2003 AGENDA ITEM: IX. B. 3 TO: Mayor and Council FROM: Joel D. Shapiro, Planning Director SUBJECT: Resolution No. 2003 -121 — Gladden Farms Block 4 Preliminary Plat: A request by Gladden Forest LLC for preliminary plat approval of a 47 -lot single family detached home subdivision on approximately 15 acres within the Gladden Farms Development. The proposed subdivision will be located on Block 4 of the Gladden Farms Block Plat, directly south of Moore Road and approximately 1/3 mile west of the new Lon Adams Road, within Section 34, Township 11 South, and Range 11 East. DISCUSSION: This project was presented to the Planning Commission on August 20, 2003. The Planning Commission is forwarding this preliminary plat to the Town Council with a unanimous recommendation of approval. Gladden Farms Block 4 is located within the Gladden Farms development and is located directly south of Moore Road and approximately 1/3 mile west of the new Lon Adams Road, within Section 34, Township 11 South, Range 11 East. This Preliminary Plat consists of 47 single - family detached home lots on 14.91 acres. Included in this subdivision are Lots 1 through 47 and Common Areas "A" through "C ". This project is zoned R -8, which requires a minimum lot size of 8,000 square feet. The average lot size is 9,357 square feet. This project will contain both single and two -story homes. The subdivision is limited to 30% or three (3) two -story homes along Gladden Farms Drive, per the Northwest Marana Area Plan. Additionally, general note #39 restricts the overall number of two -story homes to a maximum of 50 %, with no more than two (2) consecutive two -story homes adjacent to one another and no two -story homes on corner lots. This note also allows them to follow any new code amendment that may be approved by the Town Council prior to them submitting building permits. Currently, Gladden Forest LLC does not have a builder for this Block, therefore; they are not requesting relief from the 25 -foot building height limitation of the R -8 zone at this time. The Northwest Marana Area Plan requires a minimum separation between structures of 15 feet. General note #40 has been added to this plat that requires any homes in excess of 25 feet to have a mandatory 20 feet separation between houses. Additionally, general note numbers 41, 42, 43, and 44 address the Town Council concerns that were expressed with previous Gladden plats Block 11 and 12, have been added to this plat. These notes discuss fence returns placed near the back of the homes to allow for more front yard landscaping, no two homes with the same elevation or color scheme shall be permitted adjacent to one another and the amendment to Title 5 of the Land Development Code. This project will have one access off of the newly created Gladden Farms Drive. Block 4 also connects to Block 3 to the west and Block 5' to the east. The off- -site park and recreation requirement has been met per an approved Development Agreement with Gladden Farms, L.L.C., in which they agreed to dedicate Parcels 26, 27, 28 & 29 of the Gladden Farms Block Plat to the Town for park facilities, trail system and flood control purposes. The Developer will also improve a portion of the 42 -acre Parcel 26. The developer has also agreed to pay a $100 per unit (home) Park Improvement Contribution for the Park Improvements, payable upon the release of the assurances or issuance of substitute assurances. Per the Parks Master Plan, any subdivision under 50 lots is not required to have an on -site park. This subdivision has provided a trail, with turf and landscaping, that runs along the western property line, connecting to the Moore Road trail. This subdivision also has a trail connection to Moore Road between lots 15 and 16. RECOMMENDATION: Staff recommends approval. SUGGESTED MOTION: I move to approve Resolution No. 2003 -121. MARANA RESOLUTION NO. 2003-121 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, APPROVING A PRELIMINARY PLAT FOR GLADDEN FARMS BLOCK 4 ON APPROXIMATELY 15 ACRES, CONSISTING OF A 47 -LOT SINGLE- FAMILY RESIDENTIAL SUBDIVISION IN SECTION 34, TOWNSHIP 11 SOUTH, RANGE 11 EAST, DIRECTLY SOUTH OF MOORE ROAD AND APPROXIMATELY 1/3 MILE WEST OF THE NEW LON ADAMS ROAD. WHEREAS, on December 4, 2001 the Town of Marana adopted Resolution 2001 -155 approving the Final Block Plat for Gladden Farms, Book 55 Page 60; and WHEREAS, Gladden Farms L.L.C. is the owner of 14.91 acres within the Gladden Farms Block 4 boundary generally located in Section 34, Township 11 South, Range 11 East, directly south of Moore Road and approximately 1/3 mile west of the new Lon Adams Road; and WHEREAS, Gladden Farms, L.L.C., has applied to the Town of Marana for approval of a preliminary plat for 47 single- family detached home lots on the 14.91 acres, including lots 1 through 47 and common areas "A" through "C"; and WHEREAS, the Marana Planning and Zoning Commission heard from the representative(s) of the owner, staff, and members of the public at the regular Planning and Zoning Commission meeting held August 20, 2003 and voted unanimously to recommend approval of the Gladden Farms Block 4 Preliminary Plat to the Town Council; and WHEREAS, the Marana Town Council has heard from the representative(s) of the owner, staff, and members of the public at the regular Town Council meeting held October 7, 2003 and has determined that the Preliminary Plat for Gladden Farms Block 4 should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the T own o f Marana, Arizona, that the Preliminary Plat for Gladden Farms Block 4, submitted by Gladden Forest LLC for a 47 -lot subdivision located directly south of Gladden Farms Drive and approximately 1/3 mile west of the new Lon Adams Road, in Section 34, Township 11 South, Range 11 East, is hereby approved. Marano Resolution No. 2003 -121 Page 1 of 2 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 7 day of October 2003. • ATTEST: Mayor BOBBY SUTTON, JR. Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: Frank Cassidy as Town Attorney Marana Resolution No. 2003 -121 Page 2 of 2 e AGENDA ITEM NUMBER: VIH.C.3 • { , PLANNING COMMISSION August 20, 2003 CASE No.: PRV- 03052p CASE NAME: Gladden Farms Block 4 Preliminary Plat Developer's Name: Gladden Forest, LLC Representative's Name: Rick Engineering Contact: James Kin Representative's Address: 1745 E. River, Ste. 101, Tucson, AZ 85718 Location of Request: Located in Block 4 of Gladden Farms, which is directly south of Moore Road and north of the new Gladden Farms Drive, within Section 34, Township I ISouth, and Range 11 East. Nature of Request: An application for Preliminary Plat review and approval for a 474ot single family detached home subdivision. Site Size: 14.91 acres Zone District: R -8 (Single Family Residential, 8,000 s . ft. min. lot size) Existing Use: Vacant Pro osed Use: 47 -lot single family detached home subdivision — site built homes Report Date: August 12, 2003 Project Planner: Lisa Shafer, Planner I • SUMMARY OF APPLICATION The applicant is requesting preliminary plat approval of a 47 -lot single family detached home subdivision on approximately 15 acres within the Gladden Farms Development. The proposed subdivision will be located on Block 4 of the Gladden Farms Block Plat, which is directly south of Moore Road and north of the new Gladden Farms Drive, within Section 34, Township 11 South, and Range 11 East. The zoning for Block 4 is R -8 (Single Family Residential with a minimum lot size of 8,000 square feet). The minimum lot size within this project is 8,025 square feet with the average lot size of the subdivision being 9,357 square feet. Gladden Forest LLC does not currently have a builder for Block 4. Once a builder has committed to this Block, staff will review the proposed floor plans and elevations for conformance to the Northwest Marana Area Plan and the Gladden Farms Design Standards. If the new builder is proposing to construct homes above the 25 feet height restriction, then a request for an increase in height restriction will have to be taken before the Town Council prior to building permit issuance. Blocks 11 and 12 were recently approved by the Town Council with additional plat notes and conditions were placed on them prior to their approval. Council instructed staff to incorporate the plat notes and conditions into future subdivision. Staff has included these as recommended conditions of approval on this plat. The plat notes that were added to Blocks 11 and 12 stated "No more than two (2) consecutive two -story homes will be allowed adjacent to one another throughout . the subdivision and no more than 50% of the total number of homes within the subdivision may be two- story". Staff has added this as a condition of approval, however; staff and the Town Council • are currently working out the details of this requirement and any changes to the above statement PAGE 1 OF 4 g will be incorporated into the report for Council. The Northwest Marana area plan requires a • minimum separation between structures of 15 feet. A condition of approval for this plat will be that any homes in excess of 25 feet will have a mandatory 20 feet separation between houses. Additional conditions of approval will be fence returns placed near the back of the homes to allow for more front yard landscaping, and no two homes with the same elevation or color scheme shall be permitted adjacent to one another. This project will have one access off of the newly created Gladden Farms Drive. Block 4 also connects to Block 3 to the west and Block 5 to the east. The typical street section for Block 4 is a 42 foot wide right -of -way, with the accepted 28 feet of pavement. The entry street section is a 59 foot wide right -of -way with a divided entry and 16 feet of pavement on the ingress and 20 feet of pavement on the egress. The Gladden design standards require all interior streets to be lined with trees. Each lot will have a tree planted along the street in addition to the rest of the front yard landscaping. The off -site park and recreation requirement has been met per an approved development agreement with Gladden Farms, LLC as noted in General Note #20. Per the Parks Master Plan, any subdivision under 50 lots is not required to have an on -site park. This subdivision has provided a trail, with turf and landscaping, that runs along the western property line, connecting to the Moore Road trail. This subdivision also has a trail connection to Moore Road between lost 15 and 16. A copy of the plan has been included in your packet. Common Areas "A" through "C" are being used for a variety of purposes such as drainage, utility, trails and landscape. The intended use and size of all of the common areas are shown in note 1 on the preliminary plat cover sheet. • Staff has reviewed the request against the requirements of the Marana Land Development Code, the Northwest Marana Area Plan and the Gladden Farms Design Standards. This preliminary plat is in substantial conformance with all required development regulations and design guidelines. Due to the Planning Commission Meeting being moved up one week, this project has a few outstanding issues. Staff is expecting these issues to be resolved very soon and will not place this project on the Council agenda until all issues have been sufficiently resolved. RECOMMENDED FINDINGS OF FACT 1. The property is currently zoned R -8, Single Family Residential -8,000 square feet minimum lot size. The proposed density is allowable within this zone. This project is in compliance with all other development standards and requirements of the Marana Land Development Code, the Northwest Marana Area Plan and the Gladden Farms Design Standards. 2. The General Plan designation of this area is Medium Density Residential with 3.1 to 8.0 dwelling per acre. This proposal is consistent with the purpose and intent of the Town of Marana General Plan. 3. The subject site is a part of the growing residential development of Northwest Marana. This proposal is also not detrimental to the immediate area and to the health, safety, and welfare of the inhabitants of the area and the Town of Marana. • PAGE 2 OF 4 Staff Recommendation: APPROVAL with conditions. • Recommended Conditions: 1. Final acceptance by the Town Planning Department of minor technical revisions prior to the preliminary plat going to Council. 2. Final acceptance by the Tetra Tech of the Plat and the Drainage Report prior to the preliminary plat going to Council. 3. Floodplain use permits must be obtained prior to any construction activities commencing within affected areas of Block 4. 4. Final acceptance by CMID prior to the preliminary plat going to Council 5. Final acceptance by Pima County Wastewater prior to the preliminary plat going to Council. 6. Once a builder has been determined, staff must review the floor plans and elevations for conformance with the Northwest Marana Area Plan and the Gladden Farms Design Guidelines. 5. The following notes shall be added to the final plat. Modifications to these conditions by Council and Staff shall be reflected on the Town Council Report prior to approval of the Preliminary Plat. a) No more than two (2) consecutive two -story homes will be allowed adjacent to one another throughout the subdivision and no more than 50% of the total number of homes within the subdivision may be two -story. b) There shall be a minimum twenty (20) foot building separation between houses where a . primary structure exceeds a height of twenty -five (25) feet. c) No two models with the same elevation shall be permitted adjacent to one another throughout the subdivision. d) No two units of the same color schemes shall be permitted adjacent to one another throughout the subdivision. e) The applicant shall provide the fence returns on the interior side yards towards the rear of the lot and install additional landscaping, as accepted by the Planning Director, between the street and the fence return. f) Plat must follow the Marana Land Development code, Title 5, Section 05.10.10.E Property Development Standards - Generally as amended by the Marana Town Council on May 20, 2003. CASE ANALYSIS REVIEW CRITERIA 1. Ability to comply with Development Regulations i.e. Water Sanitation access Developable Parcel, etc.: The current land use designation for the property is R -8. Adequate area exists for this development on this site. The development will be in compliance with the requirements of all agencies prior to action by the Town Council. 2. Ability to comply with requirements of the Zoning Regulations i.e. Lot size Frontage Setbacks, etc.: This proposal complies with all the requirements of the Marana Land • Development Code and the Northwest Marana Area Plan for uses in the R -8 zone. PAGE 3 OF 4 } Y 3. Is consistent with the purpose of the Zoning Regulations and with the intent of the General • Plan This proposal is consistent with the purpose and intent of the Town of Marana General Plan. 4. Compatible with the surrounding area harmonious with character of the neighborhood not detrimental to the immediate area or the development of the area and not detrimental to the health, safety, or welfare of the inhabitants of the area and the County The subject property is within a new residential community and is consistent with existing and planned development adjacent to the site and in the surrounding neighborhood area. This proposal is also not detrimental to the immediate area and to the health, safety, and welfare of the inhabitants of the area and the Town of Marana. Suggested Motion: I move to approve Case No. PRV- 03052p, the Preliminary Plat for Gladden Farms Block 4 subject to the conditions outlined in this staff report. PAGE 4 OF 4 N Gladden Farms Block 4 Preliminary Plat M' CASE NO. PRV -03052 T0V1/N OF MARANA 77 , Town 1 Town Hall Park V BARNETT I I J Farm Field Five �L ^ IM Q Subdivision �mlrrrrmY MOORE Block 3 Block 5 Subject Property .; p Block 4 i D Hones Heig tts �. _— N 800 0 800 1600 Feet] REQUEST A request for preliminary plat approval of a 47 lot single family homes subdivision on Block 4 of the Gladden Farms Development, within Section 34, T1 -1 S and Range 11 E. f I r pN N N EM ' � 1N9 R!!��'1 E S�M • �ml 'PIT ~ .i+1 " S. 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CA c z w C - ' ) . — 0; r X r— a a " w Inn I 114' N ¢ T m ll 4, I � a � ___1_ WIN N `^ 2' 114' r�o $m m or�i ,bw �rn :a o w� N • YARIES � � � � r L � OEYELOPAENT 2''3' � 1 12 S Sf�OE (A 89 In r, C-) �is --q OP cm rn r 1 a P i i 0:a GLADDEN*3189..BLK4*3i89tp03.09n 26 -SEP -2003 10:51 I TOWN COUNCIL TOWN • MEETING OF INFORMATION MARANA DATE: October 7, 2003 AGENDA ITEM: IX. B. 4 TO: Mayor and Council FROM: Joel D. Shapiro, Planning Director SUBJECT: Resolution No. 2003 -122 — Gladden Farms Block 3 Preliminary Plat: A request by Gladden Forest LLC for preliminary plat approval of an 81 -lot single family detached home subdivision on approximately 21 acres within the Gladden Farms Development. The proposed subdivision will be located on Block 3 of the Gladden Farms Block Plat, directly south of Moore Road and approximately % mile west of the new Lon Adams Road, within Section 34, Township 11 South, and Range 11 East. DISCUSSION: This project was presented to the Planning Commission on August 20, 2003. The Planning Commission is forwarding this preliminary plat to the Town Council with a unanimous recommendation of approval. Gladden Farms Block 3 is located within the Gladden Farms development directly south of Moore Road and approximately %2 mile west of the new Lon Adams Road, within Section 34, Township 11 South, Range 11 East. This Preliminary Plat consists of 81 single - family detached home lots on 20.84 acres. Included in this subdivision are Lots 1 through 81 and Common Areas "A" through "C ". This project is zoned R -7, which requires a minimum lot size of 7,000 square feet. The average lot size is 8,178 square feet with typical lot dimensions of 65'x110'. This project will contain both single and two -story homes. The subdivision is limited to 30% or three (3) two -story homes along Gladden Farms Drive, per the Northwest Marana Area Plan. Additionally, general note #39 restricts the overall number of two -story homes to a maximum of 50 %, with no more than two (2) consecutive two -story homes adjacent to one another and no two -story homes on corner lots. This note also allows them to follow any new code amendment that may be approved by the Town Council prior to them submitting building permits. Currently, Gladden Forest LLC does not have a builder for this Block, therefore; they are not requesting relief from the 25 -foot building height limitation of the R -7 zone at this time. The Northwest Marana Area Plan requires a minimum separation between structures of 15 feet. General note #40 has been added to this plat that requires any homes in excess of 25 feet to have a mandatory 20 feet separation between houses. Additionally, general note numbers 41, 42, 43, and 44 address the Town Council concerns that were expressed with previous Gladden plats Block 11 and 12, have been added to this plat. These notes discuss fence returns placed near the back of the homes to allow for more front yard landscaping, no two homes with the same elevation or color scheme shall be permitted adjacent to one f another and the amendment to Title 5 of the Land Development Code. This project will have one access off of the newly created Gladden Farms Drive. Block 3 also connects to Block 2 to the west and Block 4 to the east. The off -site park and recreation requirement has been met per an approved Development Agreement with Gladden Farms, L.L.C., in which they agreed to dedicate Parcels 26, 27, 28 & 29 of the Gladden Farms Block Plat to the Town for park facilities, trail system and flood control purposes. The Developer will also improve a portion of the 42 -acre Parcel 26. The developer has also agreed to pay a $100 per unit (home) Park Improvement Contribution for the Park Improvements, payable upon the release of the assurances or issuance of substitute assurances. The on -site park and recreation requirement is a minimum of 185 square feet of improved recreation area per lot with in the subdivision. Block 3 requires a minimum of 14,985 square feet of improved recreation area. The active recreation area has been planned for a portion of Common Area `B ", which is located on the west side of the subdivision. The proposed on -site park plan has a putting green and a horse shoe pit. This proposal has been approved by the Parks and Recreation director. This subdivision also provides a couple of trail connections to the paseo along Moore Road. RECOMMENDATION: Staff recommends approval. SUGGESTED MOTION: I move to approve Resolution No. 2003 -122. MARANA RESOLUTION NO. 2003-122 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, APPROVING A PRELIMINARY PLAT FOR GLADDEN FARMS BLOCK 3 ON APPROXIMATELY 21 ACRES, CONSISTING OF AN 81 -LOT SINGLE - FAMILY RESIDENTIAL SUBDIVISION IN SECTION 34, TOWNSHIP 11 SOUTH, RANGE 11 EAST, DIRECTLY SOUTH OF MOORE ROAD AND APPROXIMATELY %2 MILE WEST OF THE NEW LON ADAMS ROAD. WHEREAS, on December 4, 2001 the Town of Marana adopted Resolution 2001 -155 approving the Final Block Plat for Gladden Farms, Book 55 Page 60; and WHEREAS, Gladden Farms L.L.C. is the owner of 20.84 acres within the Gladden Farms Block 3 boundary generally located in Section 34, Township 11 South, Range 11 East, directly south of Moore Road and approximately %2 mile west of the new Lon Adams Road; and WHEREAS, Gladden Farms, L.L.C., has applied to the Town of Marana for approval of a preliminary plat for 81 single- family detached home lots on the 20.84 acres, including lots 1 through 81 and common areas "A" through "C "; and WHEREAS, the Marana Planning and Zoning Commission heard from the representative(s) of the owner, staff, and members of the public at the regular Planning and Zoning Commission meeting held August 20, 2003 and voted unanimously to recommend approval of the Gladden Farms Block 3 Preliminary Plat to the Town Council; and WHEREAS, the Marana Town Council has heard from the representative(s) of the owner, staff, and members of the public at the regular Town Council meeting held October 7, 2003 and has determined that the Preliminary Plat for Gladden Farms Block 3 should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the T own o f Marana, Arizona, that the Preliminary Plat for Gladden Farms Block 3, submitted by Gladden Forest LLC for a 81 -lot subdivision located directly south of Gladden Farms Drive and approximately % mile west of the new Lon Adams Road, in Section 34, Township 11 South, Range 11 East, is hereby approved. Marana Resolution No. 2003-122 Page 1 of PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 7 day of October 2003. ATTEST: Mayor BOBBY SUTTON, JR. Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: Frank Cassidy as Town Attorney i Marano Resolution No. 2003 -122 Page 2 of 2 } AGENDA ITEM NUMBER: VIII.C.2 7 f • TAFF REPORT PLANNING COMMISSION August 20, 2003 CASE No.: PRV- 03051p CASE NAME: Gladden Farms Block 3 Preliminary Plat Developer's Name: Gladden Forest, LLC Representative's Name: Rick Engineering Contact: James Kin Representative's Address: 1745 E. River, Ste. 101, Tucson, AZ 85718 Location of Request: Located in Block 3 of Gladden Farms, which is directly south of Moore Road and north of the new Gladden Farms Drive, within Section 34, Township 11 South, and Range 11 East. Nature of Request: An application for Preliminary Plat review and approval for an 81 -lot single family detached home subdivision. Site Size: 20.84 acres Zone District: R -7 (Single Family Residential, 7,000 s . ft. min. lot size) Existing Use: Vacant .- Proposed Use: 81 -lot single family detached home subdivision —site built homes Report Date. August 12, 2003 Pro'ect Planner: Lisa Shafer, Planner I • SUMMARY OF APPLICATION The applicant is requesting preliminary plat approval of an 81 -lot single family detached home subdivision on approximately 21 acres within the Gladden Farms Development. The proposed subdivision will be located on Block 3 of the Gladden Farms Block Plat, which is directly south of Moore Road and north of the new Gladden Farms Drive, within Section 34, Township 11 South, and Range 11 East. The zoning for Block 3 is R -7 (Single Family Residential with a minimum lot size of 7,000 square feet). The minimum lot size within this project is 7,030 square feet with the average lot size of the subdivision being 8,178 square feet. Gladden Forest LLC does not currently have a builder for Block 3. Once a builder has committed to this Block, staff will review the proposed floor plans and elevations for conformance to the Northwest Marana Area Plan and the Gladden Farms Design Standards. If the new builder is proposing to construct homes above the 25 feet height restriction, then a request will have to be taken before the Town Council prior to building permit issuance. Blocks 11 and 12 were recently approved by the Town Council with additional plat notes and conditions were placed on them prior to their approval. Council instructed staff to incorporate the plat notes and conditions into future subdivision. Staff has included these as recommended conditions of approval on this plat. The plat notes that were added to Blocks 11 and 12 stated "No more than two (2) consecutive two -story homes will be allowed adjacent to one another throughout the subdivision and no more than 50% of the total number of homes within the subdivision may be two- story Staff has added this as a condition of approval, however; staff and the Town Council are currently working out the details of this requirement and any changes to the above statement PAGE 1 OF 4 f will be incorporated into the report for Council. The Northwest Marana area plan requires a • minimum separation between structures of 15 feet. A condition of approval for this plat will be that any homes in excess of 25 feet will have a mandatory 20 feet separation between houses. Additional conditions of approval will be fence returns placed near the back of the homes to allow for more front yard landscaping, and no two homes with the same elevation or color scheme shall be permitted adjacent to one another. This project will have one access off of the newly created Gladden Farms Drive. Block 3 also connects to Block 2 to the west and Block 4 to the east. The typical street section for Block 10 is a 42 foot wide right -of -way, with the accepted 28 feet of pavement. The entry street section is a 59 foot wide right -of -way with a divided entry and 16 feet of pavement on the ingress and 20 feet of pavement on the egress. The Gladden design standards require all interior streets to be lined with trees. Each lot will have a tree planted along the street in addition to the rest of the front yard landscaping. The off -site park and recreation requirement has been met per an approved development agreement with Gladden Farms, LLC as noted in General Note #20. The on -site park and recreation requirement is a minimum of 185 square feet of improved recreation area per lot with in the subdivision. Block 3 requires a minimum of 14,985 square feet of improved recreation area. The active recreation area has been planned for a portion of Common area "B ", which is located in the northwest corner of the subdivision. The recreation area proposal is for a horse shoe court area, ramada and a putting green. The proposed park plan is in review by the Parks and Recreation director, and his approval will be required prior to scheduling this plat on the Town Council agenda. A copy of the plan has been included in your packet. This subdivision also provides two trail connections to the trail that runs along Moore Road. • Common Areas "A" through "C are being used for a variety of purposes such as drainage, recreation, trails and landscape. The intended use and size of all of the common areas are shown in note 1 on the preliminary plat cover sheet. Staff has reviewed the request against the requirements of the Marana Land Development Code, the Northwest Marana Area Plan and the Gladden Farms Design Standards. This preliminary plat is in substantial conformance with all required development regulations and design guidelines. Due to the Planning Commission Meeting being moved up one week, this project has a few outstanding issues. Staff is expecting these issues to be resolved very soon and will not place this project on the Council agenda until all issues have been sufficiently resolved. RECOMMENDED FINDINGS OF FACT 1. The property is currently zoned R -7, Single Family Residential -7,000 square feet minimum lot size. The proposed density is allowable within this zone. This project is in compliance with all other development standards and requirements of the Marana Land Development Code, the Northwest Marana Area Plan and the Gladden Farms Design Standards. 2. The General Plan designation of this area is Medium Density Residential with 3.1 to 8.0 dwelling per acre. This proposal is consistent with the purpose and intent of the Town of Marana General Plan, , 3. The subject site is a part of the growing residential development of Northwest Marana: This proposal is also not detrimental to the immediate area and to the health, safety, and welfare of the inhabitants of the area and the Town of Marana. PAGE 2 OF 4 • Staff Recommendation: APPROVAL with conditions. Recommended Conditions: 1. Final acceptance by the Town Planning Department of minor technical revisions prior to the preliminary plat going to Council. 2. Final acceptance by the Tetra Tech of the Plat and the Drainage Report prior to the preliminary plat going to Council. 3. Floodplain use permits must be obtained prior to any construction activities commencing within affected areas of Block 3. 4. Final acceptance by CMID prior to the preliminary plat going to Council. 5. Final acceptance of the on -site recreation area by the Parks and Recreation Director prior to the preliminary plat going to Council. 6. Once a builder has been determined, staff must review the floor plans and elevations for conformance with the Northwest Marana Area Plan and the Gladden Farms Design Guidelines. 5. The following notes shall be added to the final plat. Modifications to these conditions by Council and Staff shall be reflected on the Town Council Report prior to approval of the Preliminary Plat. a) No more than two (2) consecutive two -story homes will be allowed adjacent to one • another throughout the subdivision and no more than 50% of the total number of homes within the subdivision may be two -story. b) There shall be a minimum twenty (20) foot building separation between houses where a primary structure exceeds a height of twenty -five (25) feet. c) No two models with the same elevation shall be permitted adjacent to one another throughout the subdivision. d) No two units of the same color schemes shall be permitted adjacent to one another throughout the subdivision. e) The applicant shall provide the fence returns on the interior side yards towards the rear of the lot and install additional landscaping, as accepted by the Planning Director, between the street and the fence return. f) Plat must follow the Marana Land Development code, Title 5, Section 05.10.11.G, Property Development Standards - Generally, as amended by the Marana Town Council on May 20, 2003. CASE ANALYSIS REVIEW CRITERIA 1. Ability to comply with Development Regulations. i.e. Water, Sanitation, access, Developable Parcel, etc.: The current land use designation for the property is R -7. Adequate area exists for this development on this site. The development will be in • compliance with the requirements of all agencies prior to action by the Town Council. PAGE 3 OF 4 2. Ability to comply with requirements of the Zoning Regulations i.e. Lot size Frontage • Setbacks, etc.: This proposal complies with all the requirements of the Marana Land Development Code and the Northwest Marana Area Plan for uses in the R -7 zone. 3. Is consistent with the purpose of the Zoning Regulations and with the intent of the General Plan This proposal is consistent with the purpose and intent of the Town of Marana General Plan. 4. Compatible with the surrounding area, harmonious with character of the neighborhood not detrimental to the immediate area or the development of the area and not detrimental to the health, safety, or welfare of the inhabitants of the area and the County The subject property is within a new residential community and is consistent with existing and planned development adjacent to the site and in the surrounding neighborhood area. This proposal is also not detrimental to the immediate area and to the health, safety, and welfare of the inhabitants of the area and the Town of Marana. Suggested Motion: I move to approve Case No. PRV- 03051p, the Preliminary Plat for Gladden Farms Block 3 subject to the conditions outlined in this staff report. • • PAGE 4 OF 4 Gladden farms Block 3 Preliminary Plat MARANA CASE NO. PRV -03051 TOWN OF MARANA j — I Town i Town Park n — - - - - - -- -- - -- BARNETT i� Farts Field Five I , r'j ? Subdivision �— Jam' fl Se � rmlrlm , I MOORE Subject Property I Block 4 Block s F Block 3 r Hones Heights N a� A 800 0 800 1600 Feet REQUEST A request for preliminary plat approval of an 81 lot single family home subdivision on Block 3 of the Gladden Farms Development, within Section 34, T11 S and Range 11 E. � O J Q. N a W N r � •• .O W �Y M N i W N ± $y 1 .y�1 y �O GO L! s. y 2 f ' 1 T_ 'rig p OQ' 1' gig S GO }may!'. 1p� .�1 ''yy����gs��ln y S ... tit p 1.1 +!'.1 p.,§- vi f'SSy S X.-. 1 i} f� li p Gy Oy N t C N 2]0 _I rT j lC N NK > r >r. I u >_ >_ a% Z i E °'fi # ff m �� j � : �ig ac - R- -5g � ;vg X t . � 9 5i � t g I w �. y �` {s NH a N y T�t� i• .-1b 1nO >> 9.i "'C T r s '� ' �'' �' y C_ Wrp T $. •1 G F S �_ I� - it ► .1 gy�I Y S N +f zZ•R �Nn n M 1• t ��.. T Z A s _ Tp�{� fn K KTim/I ysp. RY� = �y" •� f�[�yl g... 2SS pTN��1 Zy { s Y_1 �r . ,ZiG. T � I N T O N T :p . ZN y N p Ra ��t� 9r fa Nt N -1 s ! PO�1T fT fn p o S y p OC ..® a p yp PS ® Tt N T Of Ilf py z y r y '•'I t ! 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'O •' N N / � • j � _ _ \ / \ , off o �i !h ♦ \ �9 I s la tl xr 1 Cat r-- b ® E) / '` $ ��� ° Sit Z.14 kl V, \ LU rel tR VN I 4 6 > rn NN rn C2 M f r � IMP- \ / a — y _ \\ mss\ rn W CA v G :OGLAMEN*3187_BLK3*3187tp03•GSn 26-SEP -2003 10:52 rN - VARIES 21_3, 7 a T7 C7 C , -c 31- �l # m Z} M (m v 2 tm' m a rn r a m g M m 'N Nia i 0 N N 21 � r m P cli �< m X � m I T b I y In rn S O O rt'1 C7 O --- - - - N O an I ..r 4 114 U 1 rn � N -4 S _ _114 - - � V Z" ,,, s � ?y 10, 1GR1ES m } i SETO :K l ID i — + 114 - OO rm A s •• - $Ai .. DEVELGFMEW SIDE v wa r r � a r ❑ � �i � �i3 � �� � � CiI o r r _ �s• JI{ m m _ v ' rn $ � m y�'001�j, Ar , Oa r• # 721 z' s, -0, R $ lip I s y A p W o 1. v G: :NGLADDEN"187.8LK3*3187tPO4.Cgn 26 -SEP -2003 10:52 j F TOWN COUNCIL TOWN MEETING OF INFORMATION MARANA DATE: October 7, 2003 AGENDA ITEM: IX. B. 5 TO: Mayor and Council FROM: Dick Gear, Community and Economic Development Director SUBJECT: Ordinance No. 2003.23 — Santa Cruz /Avra Valley Road Annexation Consideration and approval of an annexation comprising approximately 105 acres of land on the west side of Interstate 10 and south of Avra Valley Road and the Santa Cruz River. The annexation incorporates three parcels of land wholly owned by the Town of Marana. T he p arcels 1 ie i n t he s outheast q uarter o f S ection 8, a nd the northeast quarter of Section 17, Township 12 South, Range 12 East, Salt River Meridian, Pima County, Arizona. DISCUSSION: The Town Council conducted a public hearing for this annexation on September 2, 2003, and staff is now requesting Council action. The proposed annexation will bring into the Town land that is adjacent to the northern boundary of the Continental Ranch Subdivision and south of the Santa Cruz River. This land is held in fee by the Town of Marana. Because the Town is the sole owner of property within this annexation area, no petitions were mailed out, and no tabulation of percentage of ownership was necessitated. The 105 acres are zoned Pima County RH (Rural Homestead) and will translate into the Town of Marana zoning of R -144 (Residential). All notification requirements have been properly complied with for this annexation. The annexation meets the requirements as set forth in A.R.S. § 9-471 (annexation statutes). This is the final step of the annexation process for the Town Council. According to the Town's annexation requirements, a blank petition was recorded on August 7, 2003, and even though no petitions were mailed out, no further action on this annexation occurred until a 30 -day peri od elapsed following the recording of the blank petition. The Council can now approve the ordinance annexing the area into the Town of Marana. RECOMMENDATION: Staff recommends approval of the Santa Cruz/Avra Valley Road Annexation. SUGGESTED MOTION: I move to approve Ordinance No. 2003.23. ADMIN/SRG /10/01 /2003 MARANA ORDINANCE NO. 2003.23 AN ORDINANCE EXTENDING AND INCREASING THE CORPORATE LIMITS OF THE TOWN OF MAR.ANA, ARIZONA, PURSUANT TO THE PROVISIONS OF TITLE 9, CHAPTER 4, ARIZONA REVISED STATUTES, AND AMENDMENTS THERETO, BY ANNEXING THERETO THAT TERRITORY KNOWN AS THE SANTA CRUZ /AVRA VALLEY ROAD ANNEXATION, ENCOMPASSING A PORTION OF SECTIONS 8 & 17, IN TOWNSHIP 12 SOUTH, RANGE 12 EAST, GILA AND SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA, AND CONTIGUOUS TO THE TOWN'S BOUNDARIES. WHEREAS, the last assessment of said property indicates that the Town of Marana is the sole property owner, and that this property is not now embraced within its limits, asking that the property more particularly hereinafter described to be annexed to the Town of Marana, and to extend and increase the corporate limits of the Town of Marana so as to embrace same; and WHEREAS, the Mayor and Council of the Town of Marana, Arizona, are desirous of extending and increasing the corporate limits of the Town of Marana to include said territory, which is approximately 105 acres; and WHEREAS, the Santa Cruz/Avra Valley Road Annexation is an area within the southeast quarter of Section 8, Township 12 South, Range 12 East, and in the northeast quarter of Section 17, Township 12 South, Range 12 East, Gila and Salt River Meridian, Pima County, Arizona; and WHEREAS, the legal description and annexation map of the territory attached to and incorporated in this Ordinance as Exhibits A and B are a correct description and map of the exterior boundaries of the entire area proposed to be annexed; and WHEREAS, no alterations increasing or reducing the territory sought to be annexed have been made in such territory; and WHEREAS, the zoning classification of the property prior to annexation was "Pima County Rural Homestead (RH) ". In order to establish original Town of Marana zoning without permitting densities or uses that are greater than those permitted in Pima County the properties will translate to the Town of Marana Zone R -144 (Residential) in the Town of Marana's land use and development code, and WHEREAS, the provisions of A.R.S. § 9 -471, and all amendments thereto, have been fully observed; and Marana Ordinance No. 2003.23. - -Page 1 of 2 -- WHEREAS, proper and sufficient certification and proof of the foregoing facts are now on file in the office of the Town Clerk of the Town of Marana, together with a true and correct copy of the original petition referred to herein, which is on file in the office of the County Recorder. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, that: 1. The territory known as the Santa Cruz/Avra Valley Road Annexation is annexed into the Town of Marana and that the present corporate limits are extended and increased to include the described area. 2. A copy of this Ordinance, together with an accurate map of the territory hereby annexed to the T own o f M arana, c ertified b y t he M ayor o f t he T own, s hall b e forthwith filed and recorded in the office of the County Recorder of Pima County, Arizona. 3. The zoning classification of "Pima County Rural Homestead (RH)" within the annexed area is hereby changed to "Town of Marana Zone R -144" (Residential). 4. On file in the office of the Town Clerk of the Town of Marana, Arizona, are those certain documents, known as Exhibits A and B, which are recorded and hereby referred to, adopted, and made a part of this Ordinance, describing and illustrating the Santa Cruz/Avra Valley Road Annexation area. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 7th day of October, 2003. ATTEST: Mayor BOBBY SUTTON, JR. Jocelyn C. Bronson APPROVED AS TO FORM: Town Clerk Frank Cassidy, Town Attorney Maram Ordinance No. 2003.23. - -Page 2 of 2 -- EXHIBIT "All LEGAL DESCRIPTION SANTA CRUZ/AVRA VALLEY ROAD ANNEXATION TO THE TOWN OF MARANA PORTIONS OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 8 AND THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 17, TOWNSHIP 12 SOUTH, RANGE 12 EAST, GILA AND SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS: 13EGE'4N NG AT THE NORTHEAST CORNER OF SAID SECTION 17, SAID CORNER ALSO BEING AN ANGLE POINT ON THE EXISTING MARANA TOWN LIMITS AS DESCRIBED IN TOWN OF MARANA ORDINANCE NO. 88.11; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID NORTH HALF OF THE NORTHEAST QUARTER AND ALONG SAID MARANA TOWN LIMITS TO THE SOUTHEAST CORNER OF SAID NORTH HALF OF THE NORTHEAST QUARTER; THENCE WESTERLY ALONG THE SOUTHERLY LINE OF SAID NORTH HALF OF THE NORTHEAST QUARTER AND ALONG SAID MARANA TOWN LIMITS TO THE NORTHWEST CORNER OF THAT PARCEL DESCRIBED IN DOCKET 10233 PAGE 2317 RECORDS OF PIMA COUNTY, ARIZ ONA; THENCE CONTINUE WESTERLY ALONG THE SOUTHERLY LINE OF SAID NORTH HALF OF THE NORTHEAST QUARTER DEPARTING SAID NjkRANA TOWN LIMITS TO ITS INTERSECTION WITH THE NORTHEASTERLY RIGHT - OF -WAY LINE OF MULLIGAN ROAD, SAID INTERSECTION - ALSO BEING A POINT ON THE EXISTING MARANA TOWN LDHTS AS DESCRIBED IN TOWN OF MARANA ORDINANCE NO. 87.04; THENCE NORTHWESTERLY ALONG SAID NORTHEASTERLY RIGHT-OF-WAY LINE AND ALONG SAID MARANA TOWN LIMITS TO THEIR INTERSECTION WITH THE WESTERLY LINE OF SAID NORTH HALF OF THE NORTHEAST QUARTER, SAID INTERSECTION ALSO BEING AN ANGLE POINT ON SAID MARANA TOWN LIMITS; THENCE NORTHERLY ALONG SAID WESTERLY LINE AND CONTINUING ALONG SAID MARANA TOWN LIMITS TO THE SOUTHWEST CORNER OF SAID SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 8; THENCE NORTH 00 °11'01" WEST ALONG THE WESTERLY LINE OF SAID SOUTH HALF OF THE SOUTHEAST QUARTER DEPARTING SAID MARANA TOWN LIMITS, A DISTANCE OF 1314.83 FEET; • S:UO 359 1094 Vega11AWEXA'nON.doc LEGAL LOG 808 - Page I oft THENCE SOUTH 51 0 40'43" EAST DEPARTING SAID WESTERLY LINE, A DISTANCE OF 2110.73 FEET TO THE NORTHERLY LINE OF SAID NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 17; THENCE EASTERLY ALONG SAID NORTHERLY LINE TO THE POINT OF BEGINNING. L L 0 MICHAEL L. SCHLOEMAN, R.L.S. i S:VOBS 3592 13592- 1094Ueea[VNNEXAnON.doc LEGAL LOG 808 Pase 2 of EXHIBIT "B" PORTIONS OF THE SOUTH 112 OF THE SOUTHEAST 114 OF SECTION 8 AND THE NORTH 112 OF THE NORTHEAST 1/4 OF SECTION 17, TOWNSHIP 12 SOUTH, RANGE 12 EAST, G. &S.R.M., PIMA COUNTY, ARIZONA F 9 i NORTH SCALE: 1"=800' S 1/2, S E.1/4, SEC 8 I T.12S, R.12E. 1 P.O.B. • TOWN OF MAR" N.1/2, N.E. 1 114, SEC. 17 ORDINANCE #87.04 T.12S, it 72E. loo oe oe LEGEND 1 IX1S11NG MARANA TOWN OF MARANA TOWN LIMITS ORDINANCE #88.11 1 DKT. 10233 AREA TO 1 ` PG. 2317 BE ANNEXED 'gO,q� LAND G �- 21787 0 MICHAEL L o SCHLOEMAN p • '"� � mm 33 TECH, INC. s '•P, ' 5 I�mrm S amm-m G roar 20N • V • .0 K Sn»a 1-50 Poor Acorn AZ 65701 (sm 6237%0 tYRE JULY, b3 J08 N0. 3592 -1094 October 7, 2003 AGENDA ITEM IX. B. 6 EXECUTIVE SESSION Discussion and - consultation for legal advice with the Town Attorney pursuant to A.R.S. Section 38- 431.03 (A)(3), concerning the Town's rights and obligations relative to the use and development of the property commonly known as Tangerine Crossing, located at the northeast corner of Tangerine and Thornydale Roads.