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HomeMy WebLinkAboutCouncil Agenda Packet 11/04/2003 TOWN OF MARANA, ARIZONA COUNCIL MEETING AGENDA 13251 N. Lon Adams Road November 4, 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 652- 3401, Monday through Friday from 8 :00 a.m.. to 5 :00 p.m. ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA.. Amended agenda items appear in italics. Posted by October 31, 2003 by 7 :00 o'clock p.m., at the Marana Town Hall, Marana Police Department, Marana Development Services Center. D 1 TOWN OF MARANA, ARIZONA COUNCIL MEETING AGENDA 13251 N. Lon Adams Road November 4, 2003 - 7 :00 p.m. I. CALL TO ORDER H. PLEDGE OF ALLEGIANCE III. INVOCATION/MOMENT OF SILENCE IV. ROLL CALL V. APPROVAL OF AGENDA. VI. ACCEPTANCE OF MINUTES Minutes of the October 21, 2003 Study Session Minutes of the October 21, 2003 Council Meeting VII. CALL TO THE PUBLIC — ANNOUNCEMENTS — INTRODUCTIONS At this time, any member of the public is allowed to address the Town Council on any issue not already on tonight's agenda. The speaker may have up to three (3) minutes to speak. Any persons wishing to address the Council must complete a speaker card (located at the rear of the Council chambers) and deliver it to the Town Clerk prior to this agenda item being called. Pursuant to the Arizona Open Meeting Law, at the conclusion of Call to the Public, individual members of the Council may respond to criticism made by those who have addressed the Council, may ask staff to review the matter, or may ask that the matter be placed on a future agenda. VIII. STAFF REPORTS IX. GENERAL ORDER OF BUSINESS A. CONSENT AGENDA The consent agenda contains agenda items requiring action by the Council which are generally routine items not requiring council discussion. A single motion will approve all items on the consent agenda, including any resolutions or ordinances. A Council Member may remove any issue from the consent agenda, and that issue will be discussed and voted upon separately, immediately following the consent agenda. 1. Resolution No. 2003 -118: Gladden Farms Block 11 Final Plat: Request by Pulte Homes for fWal plat approval of a 141 4ot single family detached home subdivision on approximately 30 acres of R -6 zoned land within Block 11 of the Gladden Farms development. Block 11 is located directly south of the new Gladden Farms Drive and west of the new Lon Adams Road, within Section 34, Township 11 South, Range 11 East (Joel Shapiro) 2 TOWN OF MARANA, ARIZONA COUNCIL MEETING AGENDA 13251 N. Lon Adams Road November 4, 2003 -- 7 :00 p.m. 2. Resolution No. 2002 -126: Gladden Farms Block 12 Final Plat Request by Pulte Homes for final plat approval of a 104 -lot single family detached home subdivision on approximately 29 acres of R -7 zoned land within Block 12 of the Gladden Farms development. Block 12 is located approximately 1,100 feet south of Moore Road on the east side of the new Lon Adams Road, within Section 34, Township 11 South, Range 11 East (Joel Shapiro) 3. Resolution No. 2003 -128: The Preserve at Dove Mountain Phase 1 A request for approval of a Final Plat for a 182 -lot single - family subdivision on approximately 167 acres of land within the Dave Mountain Specific Plan, located in a portion of Section 36, Range 12 East, Township 11 South. The property is east of Dove Mountain Boulevard and north of Tangerine Road (Joel Shapiro) 4. Resolution No. 2003 -132: Intergovernmental Agreement between the Arizona Department of Public Safety and Town of Marana Police Department for enhancing law enforcement services pertaining to motor vehicle theft (Richard Yidaurri) 5. Resolution No. 2003 -140: Request by Northwest Fire District to annex certain property located in the vicinity of the Marana Town Hall and more particularly described on Exhibits C, DE and I in order to provide fire protection services (Jocelyn Bronson) 6. Resolution No. 2003 -141 Intergovernmental Agreement with the Pima County Health Department under the Emergency Management Assistance Grant and Town of Marana to assist to review and update MaranWs emergency operations plan (Jocelyn Bronson) 7. Resolution No. 2003 -142: Application for Liquor License: New License for a Limited Liability Company: Consideration of recommendation to State Liquor Board for a No. 11 (Hotel /Motel with Restaurant) liquor license application submitted by James A. Shiner, on behalf of Lazy K Bar Guest Ranch, located at 8401 N. Scenic Drive (Jocelyn Bronson) 8. Proclamation: Skip Rimsza, Mayor of Phoenix (Jocelyn Bronson) 9. Resolution No. 2003 -143 Authorizing and approving the application to the State of Arizona for designation of the Tucson Pima Enterprise Zone. 10. Resolution No. 2003 -144 Authorizing and approving the execution of a revised Intergovernmental Agreement relating to the establishment of and participation in the Tucson Pima Enterprise Zone. 11. Resolution No. 2003 -145 Approving and authorizing the execution of an Intergovernmental Agreement with the Pascua Yaqui Tribe to authorize and facilitate the Town's participation in the purchase and installation of playground equipment at Yoem Pueblo using CDBG funding, and declaring an emergency. 3 TOWN OF MARANA, ARIZONA COUNCIL MEETING AGENDA 13251 N. Lon Adams Road • November 4, 2003 - 7 :00 p.m. B. COUNCIL ACTION 1. The Mayor and Council will be sittinLF as the Board of Adiustment for this item. Public Hearine: Gladden Farms FIaepole Variance Request A request by Gladden Forest LLC for a height and setback variance to allow a 20 -foot flagpole at the Sales Center for the Gladden Farms residential. development. This request is for a variance to increase the allowable height of a flagpole per Title 16.8..1.A.4 of the Marana. Land Development Code and to allow a reduced front setback from Title 05.02.03.C. of the Marana Land development Code. The property is located at the SWC of Moore Road and Postvale Road adjacent to Block 6 of the Gladden Farms Development within the northeast 'f4 of Section 34, THS, R1IE (Joel Shapiro) 2. Ordinance No. 2003.26: Wideer, Northwest Fire District, Northwest Holdings, Inc. Rezone A request initiated by the Town of Marana to rezone three parcels, approximately 10 acres in total area, located on the west side of Tortolita Road and north of Moore Road within Section 26, Township 11 South, Range 12 East. The request is for a change in zoning from "C" (Large Lot Zone, 25 acre minimum lot size) to 11 MU -1" (Mixed Used). The requested zoning district is commensurate with the existing development on the three parcels. (Joel Shapiro) 3. Public Hearing on the Saguaro Ranch East Annexation — Consideration of the Town of Marana's desire to annex approximately 422 acres adjacent to the Town of Marana's border in portions of Sections 17 and 20, T11S, R13E. The parcels within this annexation area are on the east side of the Tortolita. Mountains and north of Tangerine Road. The annexation is the third to occur within the Saguaro Ranch project (Dick Gear) C. MAYOR AND COUNCIL'S REPORT D. MANAGERS' REPORT X. UPCOMING EVENTS XI. FUTURE AGENDA ITEMS XII. ADJOURNMENT Bobby Sutton, Jr., Mayor 4 • PLACE AND DATE Marana Town Hall, October 21, 2003 I. CALL TO ORDER Vice Mayor Kai called the meeting to order at 6:05 p.m. The Town Clerk called the roll and relayed to the Vice Mayor that a quorum was present. Council Members Comerford and Blake arrived at the meeting at 6:10 p.m. Mayor Bobby Sutton was excused and not present at the study session. II. GENERAL ORDER OF BUSINESS A. COUNCIL ACTION 1. Silverbell Road public art Farhad Moghimi presented this item to the Council. He gave a brief history of the proposed public art project and said that 1 of the project's cost could go toward development of the public art element. He said that the art concepts had been reviewed and recommended for Council approval by the Public Works Public Arts Committee as well as the Building Committee. Mr. Moghimi asked for the project manager, Kristen Diaz, to give the Council additional details. Ms. Diaz provided the Council with a detailed background of the project's components and introduced the artist, To -Ree' Nee' Keiser, who developed the art concepts. Ms. Keiser addressed the Council and explained three design concepts she had developed for the project. She said that the proposed obliques would be designed in mosaics and would involve student artists from the community. Upon motion by Council Member McGorray, seconded by Council Member Honea, the artistic concept and art component for the Silverbell Road project was unanimously approved. 1 •���� r 2. Shared Use Path - Continental Ranch public art Mr. Moghimi spoke before the Council regarding this item. He said that the shared use path was very similar to the previous item except that the art had been included as a design element in the project. Joe Antonio, Project Manager, addressed the Council and gave a brief synopsis of the project. He introduced Nathan Troia, Landscape Designer from the Planning Center, who gave a detailed presentation regarding a variety of the design concepts and color schemes associated with the 4- mile path. Mr. Troia pointed out that the concepts carried through the entire length of the path and blended in with the natural origin of the region. He said that interpretive signage would be placed at the seating nodes and along the pathway. Upon motion by Council Member McGorray, seconded by Council Member Honea, unanimous approval of the artistic concept for the Santa Cruz River Shared -Use Path was given. III. ADJOURNMENT Upon motion by Council Member Escobedo, seconded by Council Member Blake, approval for adjournment of the study session was unanimous. The time was 6:35 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council study session held on October 21, 2003. I further certify that a quorum was present. Jocelyn Bronson, Town Clerk 2 K PLACE AND DATE Marana Town Hall, October 21, 2003 I. CALL TO ORDER _ By Vice Mayor Kai at 7:01 p.m. II. PLEDGE OF ALLEGIANCE Led by Vice Mayor Kai III. INVOCATION/MOMENT OF SILENCE Brad DeSpain gave the invocation. IV. ROLL CALL COUNCIL Bobby Sutton, Jr. Mayor Excused Herb Kai Vice Mayor Present Jim Blake Council Member Present Patti Comerford Council Member Present Tim Escobedo Council Member Present Ed Honea Council Member Present Carol McGorray Council Member Present STAFF 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 Attached is a list of public attendees. V. APPROVAL OF AGENDA Upon motion by Council Member Blake, seconded by Council Member McGorray, the agenda was unanimously approved. VI. ACCEPTANCE OF MINUTES Upon motion by Council Member Escobedo, seconded by Council Member McGorray, the minutes of the October 7, 2003 regular Council meeting were unanimously approved. l ' y sd„mvxiy�i .. VII. CALL TO THE PUBLIC/ANNOUNCEMENTS Dr. John Marchello addressed the Council regarding the Marana Western Heritage Committee, a newly formed non - profit corporation interested in promoting the Marana's western heritage primarily through the staging of livestock related events and youth events. He stated that one of his groups major functions would be to work closely with the Parks and Recreation department to coordinate the Founders' Day livestock events. He spoke briefly about plans to purchase a portable 150'X280' custom arena which could be easily moved to a permanent Town facility in the future. Council Member Comerford congratulated Dr. Marchello on the progress of his committee and expressed her excitement with his proposal. Janice Mitich, MAC Treasurer and Pony Art Contest Chair, spoke before the Council regarding a Marana Arts Council's elementary school art contest. The MAC Pony Art Contest involved students in kindergarten through sixth grade who created equine artworks fashioned after a regional cultural tourism project, Ponies del Pueblo. She explained that over 6,700 MUSD elementary students participated in the contest and a winner from each grade level was chosen from each school. She said that a final judging process took place at the MAC office with herself, Council Member Patti Comerford, Lynn Warde, MAC Charter board member and MAC Pony Project Chair, Sally Jackson, MAC Vice President and Marana High School art teacher, and Brian Jones, charter board member and Marana High School art teacher acting as judges. The selected grand prize winners and their teachers were present at the meeting and came forward to receive a letter of appreciation from Mayor Sutton, a gift bag from the Town, and cash awards and framed certificates from the arts council. Vice Mayor Kai, Council Member Comerford and Ms. Mitich presented the prizes. The grand prize winners and their teachers are as follows: GRADEISTUDENT PONY SCHOOL TEACHER K - Elise Crookston Rainbow Wings Ironwood Elementary Ms. Jessica White 1St - Andrew McCaffrey Lightning Striker Ironwood Elementary Mrs. Rene Dulaney 2nd - Araceli Islas The Spirit of a Pony Estes Elementary Mrs. Elizabeth Thompson 3 =d - Rain Bleske Desert Dancer Butterfield Elementary Ms. Patricia Michel 4th - Lizeth Perez Golden Angel DeGrazia Elementary Mrs. Margaret O'Sullivan 5th - Brianna Eubanks Tiki DeGrazia Elementary Mr. Daniel Smith 6th - Yazmin Uriarte My Rice Unicorn Twin Peaks Elementary Mrs. Lorelei Barrett 2 Vice Mayor Kai congratulated the young artists as well as their teachers. He remarked that it was wonderful to have so many talented artists in Marana. Jan Lawson - Honea, Marana Arts Council President, spoke before the Council and presented the Town with a plaque honoring their membership in the MAC President's Circle. She thanked the Council and Town staff for the ongoing support for the arts and for supporting MAC. Ed Stolmaker, Chamber of Commerce Executive Director, invited the Council and public to the upcoming "Evening with Mike Reuwsaat" at the Pines scheduled for Thursday, October 23, from 5:00 to 8:00 p.m. Jane Howell spoke to the Council regarding the receipt of an award from the U.S. Environmental Protection Agency and the U.S. Department of Transportation recognizing the Town as a best workplace for commuters, for providing the employees with outstanding commuter benefits, and helping reduce air pollution in Marana. Ms. Howell presented the plaque to the Vice Mayor and thanked the Council for supporting this program. . David Graham, representing The Pines Golf Club, announced the opening of the newly designed course on Halloween morning, October 31st. He invited everyone out to enjoy the festivities. Tom Collins, District 5 Co -Chair for the Veterans of Foreign Wars (VFW) organization, spoke before the Council regarding the Buddy Poppies program. Mr. Collins also introduced several VFW members present in the audience including Jim Ellers, District 5 Commander, Linda Law, Vice President of the Women s Auxiliary, Terry Collins, District 5 Co- chair, and Don Pegum, Commander of VFW Post 5990 - the Avra Valley/ Marana Post. Vice Mayor Kai presented Mr. Collins with a proclamation declaring October 21s' as Buddy Poppy Day. Mr. Reuwsaat commented that he enjoyed working with Mr. Stolmaker and that a Chamber quarterly report would be presented to the Council at the next meeting, November 4, 2003. VIII. STAFF REPORTS There were no questions regarding the staff reports. 3 IX. GENERAL ORDER OF BUSINESS A. CONSENT AGENDA 1. Resolution No. 2003 -131 Agreement between Town of Marana and Centres Cortaro L.L.C. for Construction of Water Facilities Under Private Contract (Brad DeSpain) 2. Resolution No. 2003 -136 Certifying baseline court collections for each quarter of fiscal year 2002 -2003 (Roy Cuaron) 3. Resolution No. 2003 -133 Town of Marana Support for the Application and Designation of the Santa Cruz Valley National Heritage Area (Farhad Moghimi) 4. Proclamation: 2003 Arizona Cities and Towns Week (Jocelyn Bronson) Upon motion by Council Member Escobedo, seconded by Council Member Honea, the consent agenda was unanimously approved. B. COUNCIL ACTION 1. Resolution No. 2003 -135 PUBLIC HEARING Proposed abandonment of portions of the Town of Marana public rights -of -way on Scenic Drive (Farhad Moghimi) Upon motion by Council Member Honea, seconded by Council Member Escobedo, unanimous approval to go into public hearing was given. Mr. Reuwsaat reported that 16 people in favor of the resolution were present in the audience. He added that no one had come forward at the meeting to speak in protest of the proposed abandonment. Roger Condra, resident, spoke in favor of the abandonment and added that he wanted to know more about any road improvements that were being planned as well as more information relating to the signage at the entryway to the restricted area and the proposed cul -de -sac. Mr. DeGrood replied that the cul -de -sac design had not been finalized and that neighborhood meetings were ongoing. He said that the intersection improvements had come in under budget which might lead into further change orders for a more comprehensive paving project. 4 a..x._... .a .. t, v... n ..,.. ,...;:. . ,...:...�..a. ,. ...n.. R .-e . ic!:.L e..,,,.. .Y:'.. w ♦ Y,1'b ....... .. ; _ .. .. .. e.« ,n sS.F x +...i a .... s..f.X w.s .s n.'em,.a 1 a Jim Shiner, co -owner of the Lazy K Bar Ranch, spoke regarding this item. He urged the Council to approve the resolutions before them as he believed them to be vital to his business as well as to the adjacent Stardance and nearby Sanctuary Cove. He commented that the three businesses operated together and created a 325 -acre oasis that hoped to survive further urbanization within the area through the years. Jim Gracion, representing the Northwest Fire District, spoke to the Council and offered to answer any questions from the public that may arise regarding this item. t Ed Stolmaker, Scenic Road resident, commented about water issues and an easement being made available to the area residents if the proposed abandonment was approved. He also asked if the Town planned to install a water line on North Scenic Drive. Mr. DeGrood replied that provisions to retain an easement had been made and that it would overlie the existing pavement area that would allow for the future installation of Marana Water improvements. Upon motion by Council Member Escobedo, seconded by Council Member McGorray, approval to come out of public hearing was unanimous. Mr. DeGrood pointed out a modification in the condition language of Resolution No. 2003 -135, Section 2, 1. The changes areas follows: ........shall reserve perpetual easements over the area currently disturbed by the pavement for ........." Upon motion by Council Member Honea, seconded by Council Member McGorray, Resolution No. 2003 -135 with the aforementioned change was unanimously approved. 2. Resolution No. 2003 -125: Preliminary Plat: Continental Reserve Blocks 18, 19 and a portion of 17 : A request for approval of a 102 4ot single family detached home subdivision on 25.5 acres within Continental Reserve; Blocks 18, 19 & a portion of 17 of the Final Block Plat of Continental Reserve, Township 12 South, Range 12 East, Section 28, on the east and t. west side of Continental Loop Road, north of Pima Reserve Drive (Joel f: Shapiro) E R k �. S L- i R E Joel Shapiro presented this item before Council and gave a brief overview of the development. He pointed out that the preliminary plat request was heard by the Planning & Zoning Commission on September 24, 2003. He noted that the developer had asked for a deferral of conditions recommended by Town staff to the Final Plat because of expected delays due to a back log of Pima County Wastewater's review process. He acknowledged this would mean that the Preliminary Plat would go forward "at risk" to Council. He said that the property was also subject to an impact fee for the Marana South Benefit area. Warren Thompson, representing Stantec Consulting, offered to answer any questions the Council might have regarding this preliminary plat request. Upon motion by Council Member Honea, seconded by Council Member Comerford, Resolution No. 2003 -125 was unanimously approved. 3. Discussion/Direction: The Interstate 10 Traffic Interchange at Twin Peaks/Linda Vista (Farhad Moghimi) Mr. Reuwsaat congratulated the consultants and staff for the success of the open house at Sunflower Community Center which was held on Monday night, November 20th. Farhad Moghimi spoke before Council regarding the I -10 Traffic Interchange project at Twin Peaks Road and Linda Vista Boulevard. He commented that this project was a partnership between the Town of Marana and the Arizona Department of Transportation and consisted of two phases, the development of the design concepts and the conducting of environmental studies and the design and construction of the new traffic interchange. He mentioned that public comments being received by the Town staff were very positive. He introduced the design team members which included Dave Perkins of Kinley -Horn & Associates, Scott Stat from URS Engineering, Ron Stubb of Stubbs & Shubert, and Harvey Gill from the Town of Marana. Mr. Perkins gave a five minute overview of the design concept and environmental assessment of the project. He said that the project was to develop concepts for a new interchange approximately midway between Cortaro Road and Avra Valley Road on Interstate 10. 6 He explained that the concept for the crossroad would be to carry the crossroad over the top of the freeway and over the top of the railroad tracks with diamond ramps and one -way frontage roads. He remarked that the study was approximately one third complete and that the process of developing and evaluating the engineering alternatives for the roadways. He said that a significant accomplishment made in the environmental assessment stage was the partnership between Marana, the FHWA, and ADOT. He commented that the public's involvement was also significant and that various impacted homeowners' associations, businesses, and residents had been invited to one -on -one discussions of the project. He noted that, as a result of 16,000 mailing, about 400 attendees had been at the Sunflower Open House related to this project. He exclaimed that it was an overwhelming success in terms of getting the information out to those impacted by the new interchange and that the responses were very positive. He listed several issues and concerns that were being investigated such as levels of traffic, traffic noise, construction impacts, and issues regarding Twin Peaks Elementary School. Dave Parker, Planning Commissioner, addressed the Council regarding his approval of the Town's actions associated with this project. He commended Jim DeGrood and his staff for their outstanding work and said that this was a dream come true for his neighborhood. No action was required for this item and there was no further discussion. 4. Resolution No 2003 -134• Gladden Farms Block 5 Preliminary Plat A request by US Home/Lennar for preliminary plat approval of a 130 lot single family detached home subdivision on approximately 26 acres within the Gladden Farms Development. The proposed subdivision will be located on Block 5 of the Gladden Farms Block Plat, which is directly south of Moore Road, west of the new Lon Adams Road and north of Gladden Farms Drive, within Section 34, Township 11 South, and Range 11 East (Joel Shapiro) Mr. Shapiro presented this item before Council and gave a brief description of the proposed subdivision. He said that the project was known as Harvest Moon and had a unanimous recommendation for Council approval from the Planning & Zoning Commission. He said that the average lot size was approximately 6,700 sq. ft. and that both one and two -story homes were contained within the development. He reported that conditions were placed on lots 54 and 55 that were related to access and turning movements and that the engineer had agreed to work on a revised layout of these lots. 7 Upon motion by Council Member Escobedo, seconded by Council Member Honea, Resolution No. 2003 -134 was unanimously approved. 5. Ordinance No. 2003.25: San Lucas Rezone II Rezone portions of Assessor's Parcel Numbers 217- 27 -002L, 217- 27 -002J, 217- 27 -002Q, 217-27 - 002N, 217- 27 -002C, and 217- 27 -002P for the purpose of changing the zoning on Block 10 from "CO" (CommerciaV/Office) to "VC" (Village Commercial), and adjusting zoning boundary lines due to the alignment of roads and placement of features associated with the block plat for San Lucas (Joel Shapiro) Mr. DeGrood presented this item to the Council and said that the proposed rezoning served two functions; to adjust zoning boundary lines due to the alignment of roads and placement of features associated with the block plat, and to change the zoning on Block 10 from "CO" (Commercial/ Office) to "VC" (Village Commercial). He said that the adjoining property owners also wanted to be rezoned "VC" and would be coming before the Council at a later date. Council Member Honea commented that condition number 6 was vague and inquired if the "VC" zoned property could be developed at "R -8" standards. Mr. DeGrood replied no and said that the Town did not feel it was appropriate to allow residential housing next to the railroad tracks and that the option of using the "R -6" standards allowed under the "VC" zoning designation. He added that multi- family housing was not permitted within the development. Upon motion by Council Member Honea, seconded by Council Member Escobedo, Ordinance No. 2003.25 with the recommended conditions was unanimously approved. 8 rx 6. Public Hearing (The Mayor and Council will be sitting as the Board of Adjustment for this item). Gladden Farms Flagpole Variance Request A request by Gladden Forest LLC for a height and setback variance to allow a 60 -foot flagpole at the Sales Center for the Gladden Farms residential development. This request is for a variance to increase the allowable height of a flagpole per Title 16.8.1.A.4 of the Marana Land Development Code and to allow a reduced front setback from Title 05.02.03.0 of the Marana Land Development Code. The property is located at the SWC of Moore Road and Postvale Road adjacent to Block 6 of the Gladden Farms Development within the northeast 1 /4 of Section 34, T11S, R11E (Jim DeGrood) Upon motion by Council Member Escobedo, seconded by Council Member McGorray, approval to go into public hearing was unanimous. Mr. DeGrood spoke before Council regarding this item. He gave a brief explanation of the request and said that the location of the proposed flagpole was at the home of Stan Gladden. He added that Town staff and the applicant concurred that the icon of the flag at the sales center site would aid in guiding customers to the proper location. He concluded that any flag permitted at the site would be code compliant. Council Member Honea asked about lighting and safety precautions for a flag of this size and height. Mr. DeGrood replied yes and added that regulations for flying the United States Flag were imposed by the Federal government. Gene Rosberg, Pierson Signs, speaking before the Council, said that he had been working with the applicant on the proposed flagpole and would be happy to answer any questions regarding this item. Mr. Reuwsaat asked if Mr. Rosberg could confirm that there was no light at the top of the flagpole. Mr. Rosberg replied that plans were being followed to illuminate the flag per the 2003 Outdoor Lighting Code and that no light was on the top of the pole. Council Member Comerford asked Mr. Rosberg to elaborate on what type of lighting was required for a 60 -ft. flagpole. 9 a Mr. Rosberg answered that the pole met the Town's minimum building code standards and that the flag was required to be no smaller than 25% of the height of the pole making the flag at least 10x15 ft. flag. Bob Anderson, resident, spoke before the Council regarding this item and said that he had worked on the flag ordinance with Mr. Shapiro and the Planning department staff several years ago. He commented that there was always a concern about putting up flagpoles of this size and he wondered if this was simply a commercial gesture on the part of the developer. He mentioned that the pole was the equivalent of a six -story building and he did not know of any other structure in the area that was similar. He questioned whether this action was proper and remarked that there might be better ways to guide potential homebuyers to the new subdivision. Vice Mayor Kai asked how long the flagpole was expected to be utilized and said that his understanding was that the placement of the 60 -ft. pole was to be on a temporary basis during the marketing phase of the new homes. Mr. DeGrood replied that the Vice Mayor was correct and that the duration of the flagpole placement was conditioned on the duration of the temporary sales center. He noted that the sales center consisted of modular homes and was to be utilized by the builders during the subdivisions construction phase. - Vice Mayor Kai asked for the applicant to provide a time table for the flagpole's use. The applicant's representative, O.K. Rihl, replied that the flagpole might possibly be erected for three to five years. Council Member Honea commented that Mr. Anderson was right in his assessment of the flagpole and agreed that it was questionable whether the pole was simply an advertising tower or marquee symbol for the sales office. He wondered if other developers would be allowed to erect tall flagpoles as well and said that the Town might be putting itself in an awkward position by approving this request. He said that 60 feet seemed extreme and that the final decision should be postponed until further research was accomplished. Y Upon motion b Council Member Honea, seconded by Council Member McGorray, approval to come out of public hearing was unanimous. 10 b Upon motion by Council Member Honea, seconded by Council Member Comerford, approval to table the requested flagpole height variance until the November 4, 2003 Council meeting was unanimous. 7. Public Hearing (The Council will be sitting as the Board of Adjustment for this item). Los Morteros Lot 4 Request for Variance Request to allow an approximately 3.5' (three and on -.half feet) encroachment into the front 10 -foot setback. The property is located at 8260 W. Circulo De Los Morteros, within the Los Morteros Subdivision (Jim DeGrood) Upon motion by Council Member Comerford, seconded by Council Member Honea, approval to go into public hearing was unanimous. Mr. Shapiro presented this item before Council. He explained that the request was needed because of two issues related to the construction of the residence. He said that there was an error in the initial layout of the home on the lot and the applicant was unaware of the additional right -of -way from back of curb. He added that the front porch of the residence, where the encroachment occurs, extends further to the front property line than was approved on the construction plans. He remarked that, per State statutes, certain criteria must be met in order to qualify for a variance and that the applicant had not met all required criteria for the approval of the variance. He recommended the denial of the variance request. Lourdes Delgadillo, the applicant, appeared before the Council. She stated that she was under the impression that they were building according to approved plans. She noted that there was a pre -slab inspection which was approved and has received subsequent approvals from Building officials up to the intermediate construction stage. She noted that at that time, they were notified by Building Services of the setback infraction. She said that this was a hardship on her family and could cost anywhere from $5,000 to $10,000. She continued to state her case in favor of approval of the variance. Gary Macey, Los Morteros property owner, voiced his opposition to the granting of this variance. Nyle. Jones, Los Morteros homeowner, stated that he was forced to adhere to the setback requirements and the property in question should be held to the same requirements. 11 Bill Ohl, subdivision homeowner, stated that he had canvassed the neighborhood per the request of Ms. Delgadillo and Mr. Wright and, out of eight couples, sixteen people were unanimously opposed to the granting of the variance. He said that this problem was a result of an error on the part of the builder as well as the building inspectors. Roger Conora, Los Morteros homeowner, agreed with the previous speakers in his opposition to the variance approval. He said that he was particularly concerned with the destruction of native plants. Ms. Delgadillo returned to the podium and said that, on the garage side of the property, there was plenty of room to park a vehicle and that the encroachment was only on the porch side of the property. She added that her pad was overbuilt and her family would take full responsibility for restoring the natural vegetation that was destroyed in the conservation area. Council Member Honea asked about Item 4 on the Variance Request Questionnaire which stated that "Marana signed off on pre slab saying all set back are ok." Mr. Shapiro replied that the plans approved by the Building department for the construction of the home reflected a porch that was not as large as the porch currently standing. Council Member Escobedo commented that if the original porch had been built there would be no need for a variance. Jack Holden addressed the Council. He said that the building plans showed a 10 -ft. porch but the site plan is laid out showing a more narrow porch. He said that there was an error in coordination between the building plans and the site plans. He said that he had reported speaking with the building inspector about this problem and was told that, due to construction debris and activity at the site which obscured the curb, the setback was "eyeballed" and not actually measured. He added that the inspector was also told by the home owners that all set back requirements had been met. He said that, according to the Inspectors' procedure, the inspector should have had the owner stake the property line. 12 Mr. Ohl spoke again and commented that, although it was a shame that the homeowners would bear the brunt of the expense and that the Town was partially at fault for the error, he was in favor of denying the variance. Upon motion by Council Member Escobedo, seconded by Council Member Honea, unanimous approval to come out of public hearing was given. Upon motion by Council Member Escobedo, seconded by Council Member Comerford, Variance- 03115, Los Morteros, Lot 4 front setback encroachment, was unanimously denied. 8. Resolution No. 2003 -130 To issue floodplain use permits for the area behind the Lower Santa Cruz River Levee as if the levee has been accepted by the Federal Emergency Management Agency (FEMA) (Jim DeGrood) Mr. DeGrood presented this item to Council. He said that this request was somewhat unusual. He said that he was asking for permission to issue blanket permits to subdividers who were building within the area shielded physically by the Santa Cruz Levee. He stated that, according to Pima County information presented before Council at the October 7, 2003 meeting, the County's letter of map revision is delayed but the conditional letter of map revision put forth by Pima County and approved by FEMA was the best available information to be used by the Town in issuing floodplain permits. He mentioned that this would affect many people in the area and that the Town had a duty to issue the permits. He noted that the majority of Gladden Farms Phase I was largely outside of the floodplain. Upon motion by Council Member Honea, seconded by Council Member McGorray, Resolution No. 2003 -130 was unanimously approved. 9. Resolution No. 2003 -137 Authorizing and approving the application to the State of Arizona for designation of the Pima County/Tucson/South Tucson/Marana/Sahuarita Enterprise Zone (Jaret Barr) Mr. Reuwsaat thanked everyone for their patience in the last minute addition of this agenda item. He said that it was an important action that had to be done and would provide substantial benefits to the business development at the Marana Northwest Regional Airport. 0 13 -.r:. f 11 -1 7 n Mr. Cassidy spoke to the Council regarding this item and explained the urgency for the Council action to be approved at this time. He gave a brief description of an enterprise zone and the statutory requirements for the application and subsequent intergovernmental agreement (IGA). Upon motion by Council Member Honea, seconded by Council Member McGorray, Resolution No. 2003 -137 was unanimously approved. 10. Resolution No. 2003 -138 Authorizing and approving the executive of an intergovernmental agreement relating to the establishment of a participation in the Pima County/Tucson/South Tucson/Marana/Sahuarita Enterprise Zone (Jaret Barr) Mr. Cassidy continued his explanation of this action and said that the IGA simply carried out the previous action. Upon motion by Council Member Honea, seconded by Council Member Escobedo, Resolution No. 2003 -138 was unanimously approved. D. MANAGERS' REPORT Council Member Escobedo reported on his recent trip to Washington, D.C. He said that he had met with the Hispanic Caucus as well as several Congressmen. He listed several topics which were discussed while in the Capital including the Twin Peaks Interchange, which was proceeding at the Congressional level as well as locally, and the Heritage Park area. Vice Mayor Kai reported on a recent meeting with Pima County officials that was designed to keep communication open between the Town and the County and to establish a forum where Marana issues could be addressed. He said that other attendees at the meeting included Council Member Honea, Town Manager Mike Reuwsaat, Supervisor Sharon Bronson, Pima County Administrator Chuck Huckleberry, and Assistant County Administrator Mike Hein. He encouraged the Council members to utilize this connection. Mr. Reuwsaat reminded the Council that Friday, October 24th, was the ribbon- cutting ceremony and dedication for the Santa Cruz River Trail System behind Honea Heights. He announced that the Building Committee scheduled for • October 28th had been cancelled. 14 • He continued his report and said that he had recently had an interesting discussion with State Representative Huffman. He said that, during the previous legislative session, a bill was passed that took a large portion of the increased revenues from the courts and assigned them to the State. He said that action penalized small towns such as Marana in terms of fine collection and assessment. He stated that currently a bill was on the floor that repealed that action after it was in effect for one year. X. UPCOMING EVENTS There were no upcoming events discussed. XI. FUTURE AGENDA ITEMS There were no items suggested for future agendas. XII. ADJOURNMENT Upon motion by Council Member Escobedo, seconded by Council Member Blake, approval to adjourn was unanimous. The time was 9:10 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on October 21, 2003. 1 further certify that a quorum was present. Jocelyn Bronson, Town Clerk Transcribed but not read • 15 �pW N OF 1 7 gRIZONP STAFF REPORTS TO COUNCIL Building Parks & Rec 0 I Town Clerk Planning Court Police Finance PW /Engineering Human Resources Water - v/ Marana Chamber of Commerce 0 MARANA Police 1, Am Afl120NA 1 977 Newsletter Chief: p '' Richard { rdaurri Executive Assistant: Judy Capen 1 Lieutenant: Technical Services " Dale Bradshaw t Lieutenant: Support Services Joe Carrasco Lieutenant: Operations PaulAshcraft Ofc. Dan Sample & Justice Joshua Everhart Lieutenant: Ofc. Debra Kesterson & Joker MADD DUI Enforcement Officer Administration Dan Bourland Marana Police Department is proud to All of us from Marana Police Department announce the establishment of the 1st wish to congratulate Officer Joshua Mounted Patrol Unit. Officer Dan Sample Everhart on his MADD (Mother's Against and Officer Debra Kesterson along with Drunk Drivers) Award. The ceremony Joker and Justice, their mounts, attended held Wednesday October 1, 2003 at the the Basic Mounted Police School in Arizona Inn honored the 2002 top DUI Scottsdale, Arizona Oct 6 —10th. Enforcement Officers from each agency. Graduation ceremonies were held on Joshua's excellent DUI enforcement October 10 record, DUI task force participation and The class was comprised of twenty -nine his willingness to help others with DUI members representing nine agencies. Dan enforcement helped to select him as and Debra were awarded the opportunity to MPD's DUI Officer. become Mounted Unit Instructors without having to attend the advanced training due Officer Kevin Madden a reserve officer to their excellent performances. with MPD received the award from Pima County Parks & Recreation Department The impressive ceremony thrilled, where is also a reserve officer. delighted, and educated those in attendance. Demonstrations on Obstacles The ceremony was poignant, impressive for Sensory Training, Crowd Control Formations, and Arrest Techniques were and heartwarming. A delicious dinner performed was served, door prizes awarded and Barbara Lawall, Pima County Attorney The MPD Mounted Unit will begin patrolling and Dan Levey from the Advisory to the the Santa Cruz River Linear Park Trail Governor for Victims were the guest System and the Tortolita Mountain speakers. The presentation of the Preserve in October 2003. awards honoring DUI Top Enforcement Officers was awe - inspiring. r MONTHLY POLICE DEPARTMENT OPERATIONS REPORT TO: Town Manager, Mayor and Council DATE: October 6, 2003 PERIOD: July 2003 Jul 03 Jul 02 Fiscal Year to Date .' TOTAL CALLS FOR SERVICE 4361 2360 4361 • Department Case Reports 505 455 505 MOTOR VEHICLE TRAFFIC • Traffic Stops 1179 1103 1179 • Citations 199/330 544 199/330 • Parking Violations 2 0 2 • Driving under the Influence 7 20 7 • Traffic Accidents 58 70 58 FELONY ARRESTS • Adult 8 6 8 • Juvenile 0 0 0 MISDEMEANOR ARRESTS • Adult 17 17 17 • Juvenile 11 9 11 CRIMES AGAINST PERSONS • Deaths 0 0 0 • Homicide p p p • Natural 0 0 0 • Accidental p p p • Suicide 0 0 0 • Unknown 0 0 0 • Robbery p 2 0 • Sex Offenses 3 0 3 • Offenses Against Famil 2 0 2 • Assaults 14 1 14 • Disorderly Conduct 8 4 8 CRIMES AGAINST PROPERTY • Commercial Burglaries 8 3 8 • Residential Burglaries 9 5 9 • Thefts 74 63 74 • Motor Vehicle Thefts 9 9 9 • Criminal Damage 31 16 31 • Stolen Property Reported $ $166,676 $177,925 $166,676 • Property Recovered $ $87,979 $43,882 $87,979 MISCELLANEOUS • Wea ons Violations 0 2 0 • Narcotic / Drug Violations 11 8 11 • Liquor Violations 5 1 5 • Arrest for Other Jurisdiction 39 30 39 • Juvenile Violations 3 2 3 • Abandoned Vehicles 2 3 2 • Public Hazard 3 3 3 • Lost/Found 8 5 8 • Public Assist 8 115 8 • Civil Matter 8 2 8 • Suspicious Activity 5 102 5 • Securi Nacation/Business /Checks 1854 1854 • Assist other agency l4 12 14 • Miscellaneous p 3 p • False Alarm 173 13 173 Chief of Police MONTHLY POLICE DEPARTMENT OPERATIONS REPORT TO: Town Manager, Mayor and Council DATE: October 6, 2003 PERIOD: August 2003 August 03 Au ust 02 Fiscal Year to Date TOTAL CALLS FOR SERVICE 4450 1982 8811 • Department Case Reports 465 435 970 MOTOR VEHICLE TRAFFIC • Traffic Stops 1031 1037 2210 • Citations 190/279 626 289/609 • Parking Violations 0 2 2 • DrMng under the Influence 13 6 20 • Traffic Accidents 60 65 118 FELONY ARRESTS • Adult 8 10 lb • Juvenile 4 0 4 MISDEMEANOR ARRESTS • Adult L1 16 28 • Juvenile 8 12 19 CRIMES AGAINST PERSONS • Deaths 0 0 0 • Homicide 1 0 0 • Natural 0 0 0 • Accidental 0 0 0 • Suicide 0 0 0 • Unknown 0 0 0 • Robbery 0 2 0 • Sex Offenses 2 1 5 • Offenses A ainst Family 0 3 2 • Assaults 19 10 33 • Disorderly Conduct 3 6 11 CRIMES AGAINST PROPERTY • Commercial Burglaries I 1 7 19 • Residential Burglaries 5 8 14 • Thefts 56 77 130 • Motor Vehicle Thefts 16 11 25 • Criminal Damage 25 21 56 • Stolen Property Reported S $257,042 S105,803 $423,718 • Property Recovered $ $152,651 $65,131 $240,630 MISCELLANEOUS • Weapons Violations 1 U 1 • Narcotic / Drug Violations 18 5 29 • Liquor Violations 3 3 8 • Arrest for Other Jurisdiction 36 15 75 • Juvenile Violations 4 2 7 • Abandoned Vehicles 1 0 3 • Public Hazard 0 0 3 • Lost/Found I1 13 19 • Public Assist 6 152 14 • Civil Matter 2 8 10 • Suspicious Activity 2 98 7 • Securit NacationBusiness /Checks 2045 3899 • Assist other agency 19 20 33 • Miscellaneous 5 3 5 • False Alarm 145 124 318 Chief of Police WHAT IS VICTIMIWITNESS? In closing, volunteers from the Pima By: Patty Spencer County/ Victim Witness program are well In the 1970's the number and severity of violent trained and well respected members of our crimes in the United States increased community and OUR team. They will respond dramatically. Between 1970 and 1975, the when requested by ANY law enforcement crime rate in Pima County tripled. In 1975, agency in Pima County. Though their response Arizona experienced the highest crime rate in time may be delayed to our jurisdiction, it may the nation. More than half of crime victims be well worth the wait if it will benefit your interviewed said that they were reluctant to ever victim /witness. MPD currently has 1 fully again become involved with a defender oriented trained volunteer (Patty Spencer) on staff and Criminal Justice System. In response, the Pima available to answer your questions. County Attorney's Office, law enforcement agencies, and social service groups developed Volunteer opportunities are available, a comprehensive plan to address the concerns and volunteers are desperately needed. Ask of crime victims /witnesses and their families. In Patty how you, a friend, or family member can October, 1975 a federally funded grant become involved in this program. With enough launched Pima County into the forefront of volunteers available in our jurisdiction, we may Victim/Witness services across the country. be able to form our own response team to Between 1976 and 1989, a growing respond when requested. number of trained volunteers enabled Victim/ VICTIM RIGHTS INFORMATION Witness to provide crisis counseling, follow -up services, and social service referrals to crime The below article is the first in a series of victims in the areas of homicide, sex offenses, informational articles pertaining to Victim assaults, armed robbery and burglaries. In Rights. 1989, the program provided services to almost 10,000 people. Hundreds of hours were spent WHO IS A VICTIM? training law enforcement, community groups, social service agencies, and other Victim/ A "victim" is a person against whom the criminal Witness groups. National recognition became a offense or delinquent act has been committed, or common occurrence by media groups, locally if the person is killed or incapacitated, the and nationally. An independent victims fund person's immediate family or other lawful was started from the royalties of the movie representative, except if the person is in custody "Night Partners ", a made for TV movie based for an offense or is the accused. (A.R.S. § 13- on the Pima County Victim/Witness program. 4401.18) Criminal and juvenile justice statutes allow a Today, the Victim/ Witness Assistance victim who is physically or emotionally unable to Program of the Pima County Attorney's Office is exercise any right but is able to designate a lawful one of the most comprehensive programs in the representative who is not a bona fide witness; the country, serving the metropolitan area of designated person may exercise the same rights Tucson, and the surrounding rural communities. that the victim is entitled to exercise. The victim Since 1976, over 2000 volunteers have been may revoke this designation at any time and trained to provide on -site crisis support, exercise the victim's rights. volunteers make referrals to social service agencies, victim notification and victim If a victim is incompetent, deceased or otherwise compensations services. incapable of designating another person to act in the victim's place, the court may appoint a lawful Staff and volunteers from the Pima representative who is not a witness. If at any time County Attorney's Office Victim /Witness the victim is no longer incompetent, incapacitated Program are occasionally asked to respond to or otherwise incapable of acting, the victim may national and international trauma such as the personally exercise the victim's rights. Oklahoma City bombing, Hurricane Andrew, Although legal entities and neighborhood school shootings, Arkansas tornadoes, and associations can be considered victims, their Bosnian war victims, and the terrorist attack of rights under Arizona law are limited. September 11, 2001. r , PEER SUPPORT Summary system, increased data entry and data By: Reynetta Ibarra #238 processing burdens are involved. Therefore, the Ever feel over - whelmed with life's little Records Unit is requesting your patience during this (and sometimes big) ups and downs? transition. As you may, or may not know the M arana Police GREETINGS FROM COMMOI Department has implemented a Peer Support Program. This program can be utilized for a number Congratulations of reasons; whether it is personal or professional. Officer Joshua Everhart! The Peer Support program provides employees the By: Michelle Otero opportunity to talk to other employees who have MADD DUI Enforcement Officer been trained to listen and support others through difficult situations. Stand up and Cheer! If you have any questions on Peer Support, please Recently the Chiefs Recognition Committee feel free to contact me. received notice of the MADD DUI Officer of the year nominations. A memo was put out to all of the There will be more information going out in the days Sergeants to nominate the officer they felt should ahead. receive this award. Unanimously, all of the Sgt's ' jclrb VS came back with one name, Josh Everhart. Officer X� Everhart's name was given to MADD, along with his By: Reynetta lbarra #238 stats and a brief summary. Now it's official! MADD and the Marana Police Department feel Josh As you know, Marana Police Department currently deserves recognition for a job well done! submits the Uniform Crime Reporting System (UCR) to the Department of Public Safety and the Federal Every year there are several dates that are targeted Bureau of Investigations on a monthly basis. UCR is for the DUI Task Force and Officer Everhart is a summary based reporting system, the concept is always among the first to volunteer for the duty. used to determine whether the Hierarchy Rule is to Officer Everhart's diligent efforts to keep the streets be applied to a group of crimes, and if so, the crime of Marana safe from drunk drivers has not gone which is highest in the hierarchy is the only one unnoticed. Not only does Officer Everhart's arrests reported. help in reducing the DUI problem, he is always respectful, professional and thorough in his The State of Arizona is in the process of switching to investigations. Joshua is also involved in the the National Incident -Based Reporting System community by volunteering his time with the Marana (NIBRS). NIBRS is an incident -based reporting Police Explorer Program. There he lends his system which means data is collected on each expertise to the police officer of tomorrow. single crime occurrence. NIBRS data is designed to be generated as a byproduct of local, state, and Officer Everhart was honored on October 1, 2003 at Federal automated records systems. The concept of the Arizona Inn Awards Banquet. There was also a time and place is based on the premise that if more silent auction with the proceeds to help MADD. Way than one crime was committed by the same person to go Joshua, one of Marana's finest! or group of persons and the time and space intervals separating them were insignificant, all of the crimes QUOTE OF THE DAY make up a single incident. Pay someone a compliment today. In NIBRS, although the Hierarchy Rule is not used, It could make a world of difference!, the concept of time and place is still applied to determine whether a group of crimes constitute a single incident. This is of crucial importance since Ending Chatter! the application of the concept will determine whether Congratulations to all of the Rookies that made the crimes should be reported as individual incidents FTO. We are glad to have you on board and or as a single incident comprised of multiple patrolling our streets. Just a few hints to help your offenses. day go smoother with your friendly dispatcher: 1. We love chocolate! Participation should not place any significantly new 2. Let us acknowledge you instead of burden on officers preparing incident and arrest shotgunning calls. reports as most of the data required for NIBRS is 3. Get your call info and times prior to 24. already being entered into such reports. On the 4. Did I mention chocolate? other hand, because the data to be extracted Again, welcome aboard!! And remember in God we from the reports for national purposes is more trust, all others we run ACIC. From all of us behind detailed in NIBRS than in the traditional UCR the Mic, Keep safe! AaAw , UPCOMING COMMUNITY PROJECTS Adopt A Road — Explorer Post 77 has approached the Town officials to participate in !1h l ift �� Adopt a Road Program. This community project helps keep our roadsides clean of litter. Explorers will be assigned a section of roadway and will be POST 77 By: Lt. Bradshaw responsible for a quarterly cleanup of the area. Wal -Mart Safety Day — On October 4 Explorers Treat Town t Halloween Treat Town will be held and Marana Police Officers were at the Cortaro on October 30 from 5pm to 8pm at Gateway Ice Road Wal -Mart for Safety Day. The event provided Center (Speedway &.Kolb.) Explorers from .around the Tucson area will be on hand for this annual "Kid's Identification ". 70 school aged children were c fingerprinted event to help provide a safe Halloween. This and annual event, sponsored by the Boy Scouts of photographed America, provides an opportunity for young children �•.e "'� for parents to to go through a non -scary maze with treats being have in their handed out by Explorers. Admission is $1.00 per ��. possession in child and parents are free. event of emergency. Halloween at Northwest Fire Station #34 — Multiple On October 31S Northwest Fire District will hold safety tips their annual haunted house at station house 34 --- were located at Wade and Silverbell from 6 pm to 10 pm. provided. Marana Explorers 1st Teddy Bear The annual event sponsored by firefighters from Collectable the "Doug Bear" (honoring Officer Doug Northwest Fire and volunteers from the community Ford) were available at the booth. All proceeds will provide a safe environment for " "Trick or from the sale go towards supporting the Explorer Treaters" of all ages. Explorers will be assisting Program. with security and parking. Tucson Slavic Festival - on Saturday October WAL -MART GRANTS 4 10 am to 9 pm Marana Police Explorers were Thank you to the Cortaro Road Wal -Mart store. on hand to provide security and assist with parking On September 23 2003 Marana Police for their annual event. The festival was held at St. Explorer Post 77 was awarded a check for Melany Church and featured ethnic food, games, $750.00. The matching grant is a program for staged entertainment and puppet shows. The non- profit organizations who have community event was a success. involved projects: CARWASH Explorers have had car washes at the Stockman's Bank on Marana Road as a fund raiser. Funds FRF,; .' will be used : for an out of i� state trip. The ` R "donations r' only" car a washes have been a success and a chance for the youth to cool off in the desert heat. Thanks to the community and special thanks to Stockman's Bank for your support. V M 00 LO m N '2! L (II C/1 M p d- � T D r N Ch ' C o L c� od ca �i0m c c� Q - � U W a- 0) C M p c- p CY) O U p • O E Y Q tB • x O 2 _0 co ~' QJ • U U O CU co co �i Ni (0„ co �. N ` (6 p N N c O ! c o co cl 0 0 u C) >, RS V Lo N N o tCS ! � Ci (n 0 L a� 4 h M LO N N cu o CL i •V N 00 r- N N LL! co �! 1 0 CL o a m /. cm ti m coo �� CL u D �� °' a wa co co CD Co i W N N co I '@p co (6 Q LO N m CD CD L m E CL W M - -. c, O T- N LO cu S =z co tQ IL o CO (� o M C) c co - O; 6 i 3 I N m Cfl M Cl Co C. IL nD o U CD C2 November 2003 Dear council Members, Visitor center 3rd quarter statistics July - September VISITORS 2003 2002 In state visitors 52 47 Out of state visitors 61 148 Foreign visitors 21 26 TOTALS 134 221 MAIL 2003 2002 Tourism requests 6 4 Relocation requests 14 17 Business requests 9 70 TOTALS 29 91 WEB SITE VISITS 6499 3407 I want to explain why these figures have dropped from 2002 to 2003. • The total number of visitor's is down 40 %. The visitor center signs on Route 10 have not been replaced. • Business requests are down 87 %. Businesses are using our web site to receive information rather than calling the Marana Chamber office, and we are no longer - sending out packets to every business that applies for a business license in Marana. • _ The visits to our web site have increased 90% from last year. The Board charged itself with five main goals: 1. Take a more vigorous approach to the financial management of our organization. 2. Develop mechanisms to improve consistent communications between the Town and - the Chamber. 3. Membership development and ways to increase value to the membership. 4. Develop marketing strategies. 5. Provide events and activities to the membership that makes good business sense. In the third quarter, the Marana Chamber has accomplished the following: FINANCIAL ORGANIZATION The figures below show the number of new businesses, revenue, and the businesses in Marana for 2003 compared to 2002. 3rd quarter statistics July - September 2003 Revenue 2002 Revenue New Members 18 $3,340 15 $2,155 Marana Businessness Bedroxx Beyond Clean LLC Brake Max Brooks Employee Assistance Program Casa Adobes Realty Dance Innovations MMP Hotels Sky Rider Coffee Shop Roma Caffe COMMUNICATION WITH THE TOWN OF MARANA To improve communications between the town and the Chamber Mike Reuwsaat and I meet the second Monday of each month. I also Attend the Town Council meetings, BAC meetings, and planning and zoning meetings. The meetings are an excellent way to keep in touch with the changes in the town and a good way to network. MEMBERSHIP DEVELOPMENT The membership committee drafted a letter that goes out with new business licenses explaining the benefits of membership in the Marana Chamber of Commerce. Two weeks after the mailing, the Chamber follows up with a personal phone call to answer any questions. I will provide you the results in the fourth quarter. INCREASE VALUE TO THE MEMBERSHIP The Marana chamber of Commerce is partnering with Brooks Employment Assistance Program. This will enable Marana Chamber of Commerce small businesses to provide their employees with an EAP program. In addition, the Marana Chamber is partnering with MUSD to formulate a job- shadowing program. Last year the Marana Chamber had 28 members interested in the job- shadowing program. Unfortunately, there was no money available for transportation. This year the school has a grant for transportation and we are moving ahead with the program. DEVELOP MARL STING STRATEGIES The Marana Chamber is playing a more visible roll in the community. I had the opportunity to speak at the CREW workshop last month. The Marana chamber also participated in grand openings at Kohl's department store and Dance Innovations. The visitor's center is a very important marketing tool. We have completed painting the visitor's center, and are now in the process of getting new display racks. The cost of this project is being done through donations. EVENTS AND ACTIVITES THAT PROMOTE BUSINESS The evening with Mike Reuwsaat was a successful evening. It provided an opportunity for the business community in Marana to meet the public officials. Our lunches are another way to bring information to the business community. Our lunches are now being held in Marana, at Roma Caffe. The speaker for the November lunch will be Mayor Bobby Sutton and in December Congressman Kolbe. We are also looking ahead to having a bowling tournament in April at Bedroxx. In conclusion, I want to thank Mayor Bobby Sutton, the Town council, and staff for their support. Also, I want to thank the Chamber Board for their support. Sincerely, Ed Stolmaker Executive Director t� r. TOWN COUNCIL, TOWN MEETING OF INFORMATION MARANA DATE: November 4, 2003 AGENDA ITEM: IX. A. 1 TO: Mayor and Council FROM: Joel D. Shapiro, Planning Director SUBJECT: Resolution No. 2003 -118 — Gladden Farms Block 11 Final Plat: Request by Pulte Homes for final plat approval of a 1414ot single family detached home subdivision on approximately 30 acres of R -6 zoned land within Block 11 of the Gladden Farms development. Block 11 is located directly south of the new Gladden Farms Drive and west of the new Lon Adams Road, within Section 34, Township 11 South, Range 11 East. DISCUSSION: Gladden Farms Block 11 is located within the Gladden Farms development. The site is located directly south of the new Gladden Farms Drive and west of the new Lon Adams Road, within Section 34, Township 11 South, Range 11 East. This Final Plat consists of 141 single - family detached home lots on 30 acres. Included in this subdivision are Lots 1 through 141 and Common Areas "A" through "N ". This project is zoned R -6, which requires a minimum lot size of 6,000 square feet. The average lot size is 6,765 square feet with typical lot dimensions of 55'x110'. This project will contain both single and two -story homes. The subdivision is limited to 30% or six (6) two -story homes along Gladden Farms Drive. Council approved a 2 -foot height increase request with the preliminary plat that allows home to be constructed up to 27 -feet as stated in note #18. The Northwest Marana -Area Plan requires a minimum separation between structures of 15 feet. General note #37 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 notes 36, 38, 39, 40 and 41 address the Town Council conditions that were approved with the preliminary plats for Gladden Block 11 and 12. These notes restrict 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, 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 requires a temporary secondary access until such time that an acceptable secondary access to Moore Road through Block 10 has been constructed. Pulte has chosen to put in a secondary access through lot 8. This temporary access has been submitted for review on the improvement plans. A building permit will not be issued for lot 8 until the acceptable secondary access through Block 10 has been constructed. The necessary Avigation Easement for Block 11 has been accepted by Town staff and recorded under separate instrument. •. ..' :. aJ;.. 4d ;- ra.:w�`iwrs.�'i2' ✓94..x1[iY. m Bs.' _ u kndwii Llww6�'6srt'.WCIS @YfF'k'k �°v' s•^^a`w &L'WLa:�lriwfA' �Q 4 t RECOMMENDATION: Staff recommends approval with the following conditions. 1. A temporary secondary access to Moore Road must be constructed prior to any on -site model sales centers being open to the public. 2. A building permit will not be approved for lot 8 (or any other lot that the temporary access is constructed through) until the acceptable secondary access through Block 10 has been constructed. SUGGESTED MOTION: I move to approve Resolution No. 2003 -118 with conditions. MARANA RESOLUTION NO. 2003-118 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MAR.ANA, ARIZONA, APPROVING A FINAL PLAT FOR GLADDEN FARMS BLOCK 11 ON 30.12 ACRES, LOCATED WITHIN THE GLADDEN FARMS DEVELOPMENT, CONSISTING OF A 141 -LOT SINGLE - FAMILY RESIDENTIAL SUBDIVISION. THIS PROPERTY LIES WITHIN SECTION 34, TOWNSHIP 11 SOUTH, RANGE 11 EAST, DIRECTLY SOUTH OF THE NEW GLADDEN FARMS DRIVE AND 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, Pulte Homes, the owner of approximately 30.12 acres within the Gladden Farms Block 11 boundary generally located in Section 34, Township 11 South, Range 11 East, directly south of the new Gladden Farms Drive and west of the new Lon Adams Road and has applied to the Town of Marana for approval of a final plat for 141 single- family detached home lots on 30.12 acres, including lots 1 through 141 and common areas "A" through "N "; 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 November 4, 2003, and has determined that the Final Plat for Gladden Farms Block 12 should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Final Plat for Gladden Farms Block 11, submitted by Pulte Homes for a 141 -lot subdivision located within the boundary of Gladden Farms, directly south of the new Gladden Farms Drive and west of the new Lon Adams Road, within Section 34, Township 11 South, Range 11 East is hereby approved with the following conditions: 1. A temporary secondary access to Moore Road must be constructed prior to any on -site model sales centers being open to the public. 2. A building permit will not be approved for lot 8 (or any other lot that the temporary access is constructed through) until the acceptable secondary access through Block 10 has been constructed. Marano Resolution No. 2003 -118 Page 1 of 2 Ir Y PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 4` day of November, 2003. ATTEST: Mayor BOBBY SUTTON, JR. Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: Frank Cassidy as Town Attorney Marano Resolution No. 2003 -118 Page 2 of 2 Gladden Farms Block 11 J im Final Plat MARANA ��� I \ CASE NO. PRV -0211 5 TOWN OF MARANA TO y \` m r- MOCIERE Honw — to Block 11 3 a ` Subject Property \ N 800 0 A 800 1600 Feet REQUEST A request for final plat approval of a 141 lot single family home subdivision on Block 11 of the Gladden Farms Development, within Section 34, T1 1 S and Range 11 E. 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'J, �� Cali � � ! ate ,� / II `s 0 v + nQ�sm - =m 4 ez z° -z �ti. Cn r / h / O p ! m � a i ! 4T z Oe LON AD"S ROAD NO0' ° E 1 – – o – – - – - – – - – (BK.55,PG.60) ,�-- -� –. – – – – — – ti Z - °+ b o�I L b Qi=�Zj� �D mn c � o c -� co M 14-g �zg h A y $o _ N:\ 198065 \BLOCKII\FINALPLAT \FP- 45.dwg- TOWN COUNCIL TOWN MEETING OF INFORMATION MAR.ANA DATE: November 4, 2003 AGENDA ITEM: IX. A. 2 TO: Mayor and Council FROM: Joel D. Shapiro, Planning Director SUBJECT: Resolution No. 2003 -126 — Gladden Farms Block 12 Final Plat: Request by Pulte Homes for final plat approval of a 104 -lot single family detached home subdivision on approximately 29 acres of R -7 zoned land within Block 12 of the Gladden Farms development. Block 12 is located approximately 1,100 feet south of Moore Road on the east side of the new Lon Adams Road, within Section 34, Township 11 South, Range 11 East. DISCUSSION: Gladden Farms Block 12 is located within the Gladden Farms development. The site is located approximately 1,100 feet s outh o f M oore R oad o n the east side of the new Lon Adams Road, within Section 34, Township 11 South, Range 11 East. This Final Plat consists of 104 single - family detached home lots on 29 acres. Included in this subdivision are Lots 1 through 104, Block A and Common Areas "A" through "K ". This project is zoned R -7, which requires a minimum lot size of 7,000 square feet. The lei average lot size is 7,787 square feet with typical lot dimensions of 63'x115' and 65'x110'. This project will contain both single and two -story homes. Council approved a 2 -foot height increase request with the preliminary plat that allows home to be constructed up to 27 -feet as stated in note #22. The Northwest Marana Area Plan requires a minimum separation between structures of 15 feet. General note #18 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, g eneral n otes 17, 19, 2 0 a nd 21 address the Town Council conditions that were approved with the preliminary plats for Gladden Block 11 and 12. These notes restrict 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, 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. Per this final plat, Pulte will be dedicating the eastern 50' feet of the project Block "A" to the Town. The western 25' of Block "A" is a CMID easement and the eastern 25' is a future Town trail project. This will provide a nicely landscaped trail system between the Santa Cruz River and the Ora Mae Ham Park. The necessary Avigation Easement for Block 12 has been accepted by Town staff and recorded.under separate instrument. RECOMMENDATION: Staff recommends approval. SUGGESTED MOTION: I move to approve Resolution No. 2003 -126. MARANA RESOLUTION NO. 2003-126 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, APPROVING A FINAL PLAT FOR GLADDEN FARMS BLOCK 12 ON 28.85 ACRES, LOCATED WITHIN THE GLADDEN FARMS DEVELOPMENT, CONSISTING OF A 104 -LOT SINGLE - FAMILY RESIDENTIAL SUBDIVISION. THIS PROPERTY LIES WITHIN SECTION 34, TOWNSHIP 11 SOUTH, RANGE 11 EAST, APPROXIMATELY 1,100 FEET SOUTH OF MOORE ROAD ON THE EAST SIDE 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, Pulte Homes the owner of approximately 28.85 acres within the Gladden Farms Block 12 boundary generally located in Section 34, Township 11 South, Range 11 East, approximately 1,100 feet south of Moore Road on the east side of the new Lon Adams Road, and has applied to the Town of Marana for approval of a final plat for 104 single - family detached home lots on 28.85 acres, including lots 1 through 104, Block "A" and Common Areas "A" through "K"; 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 November 4, 2003, and has determined that the Final Plat for Gladden Farms Block 12 should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the T own o f Marana, Arizona, that the Final Plat for Gladden Farms Block 12, submitted by Pulte Homes for a 104 -lot subdivision located within the boundary of Gladden Farms, approximately 1,100 feet south of Moore Road on the east side of the new Lon Adams Road, within Section 34, Township 11 South, Range 11 East is hereby approved. Marana Resolution No. 2003 -126 Page 1 of 2 4 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 4th day of November 2003. ATTEST: Mayor BOBBY SUTTON, JR. Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marano Resolution No. 2003 -126 Page 2 of 2 t Gladden Farms Block 12 Final Plat MARANA CASE NO PRV 03014 TOWN OF MARANA o: X 0 Mm M= _ FE- Hmm Heights IO a Block 22 a ' j \ � , Subject i Property ` I N 1 �v 800 0 800 1600 Feet REQUEST A request for final plat approval of a 104 lot single family home subdivision on Block 12 of the Gladden Farms Development, Within Section 34, T11 S and Range 11 E. S !•b� Q,s�" sv y x � � i !° !b v P t'n a. 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A. 3 TO: Mayor and Council FROM: Joel D. Shapiro, Planning Director SUBJECT: Resolution No. 2003 -128: The Preserve at Dove Mountain Phase I: A request for approval of a Final Plat for a 182 -lot single - family subdivision on approximately 167 acres of land within the Dove Mountain Specific Plan, located in a portion of Section 36, Range 12 East, Township 11 South. The property is east of Dove Mountain Boulevard and north of Tangerine Road. DISCUSSION: This Final Plat is the first phase of development for a 480 -lot project within the Dove Mountain Specific Plan. The project is located east of Dove Mountain Boulevard, north of Tangerine, and south of Moore Road. It is approximately 610 acres, and approximately 70 percent of the property will be protected open space. This phase is approximately 167 acres with lots 1 — 182 and common areas "A ", (Private Streets), `B" (Open Space 123.72 acres), and "C" (Drainage). The Homeowners Association will be responsible for maintenance of the common areas. Ingress and egress to the project is provided with two entrances on Dove Mountain Boulevard. Streets are designed to allow for connectivity to future phases. The developer has consulted with Northwest Fire District on the design of the streets and incorporated the recommendations of the District for accessibility and safety. On October 14, 2003 the project was annexed into the Northwest Fire District. The lots range in size from 6,000 to 12, 419 square feet, with the average lot of 7,9 10 square feet. On the reductions in the packet Lot 1 shows 5,999 square feet. This was an erroneous rounding of a calculation and has been corrected on the Mylar to be recorded. The correct square footage is 6,000 square feet. The rear of every lot abuts natural open space. At the nearest point to another subdivision (Quail Crossing) there is over 100' of open space to the property line. RECOMMENDATION: Planning Staff recommends approval of PRV -03016 The Preserve at Dove Mountain, Phase 1. SUGGESTED MOTION: I move to approve Resolution No. 2003 -128. MARANA RESOLUTION NO. 2003-128 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, APPROVING THE FINAL PLAT FOR THE PRESERVE AT DOVE MOUNTAIN PHASE I, SUBMITTED BY OPW ENGINEERING, LLC, FOR A 182 -LOT SINGLE FAMILY DETACHED HOME SUBDIVISION ON APPROXIMATELY 167 ACRES LOCATED IN THE DOVE MOUNTAIN SPECIFIC PLAN AREA, EAST OF DOVE MOUNTAIN BOULEVARD, IN SECTION 36, TOWNSHIP 11 SOUTH, RANGE 12 EAST. WHEREAS, OPW Engineering representing Cottonwood Palo Verde, LLC, is the owner of approximately 167 acres located east of Dove Mountain Boulevard, in Section 36, 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 182 -lot single family detached home subdivision, including lots 1 through 182 and Common Areas "A ", `B" and "C "; and WHEREAS, the Mayor and Council have considered the application at the regular Town Council meeting held November 4, 2003; and WHEREAS, the Mayor and Council have determined that approval of the fmal plat for The Preserve Phase I at Dove Mountain, is in the best interests of the residents of the Town. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the T own o f Marana, Arizona, that The Preserve at Dove Mountain Phase I Final Plat, submitted by OPW Engineering, LLC on behalf of Cottonwood Palo Verde, LLC, for a 182 -lot single family detached home subdivision on approximately 167 acres located east of Dove Mountain Boulevard, in Section 36, Township 11 South, Range 12 East, is hereby approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 4 day of November 2003. Mayor BOBBY SUTTON JR. ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson . Town Clerk Frank Cassidy Town Attorney Marano Resolution No. 2003 -128 Page 1 z az� n �' z >�zQ ° z p c p m a nz a � ° m�a=� a z v �ar$i v v s r^�. o c� Sn�i , zin 9 ma Ur 1 t - c a S di m � #ur yF� rn y O O � + O D O Z rnm 8pR02'�p�pUCWW A ..-t Ra yCGiA'Ot�it t iZ/IFj`y2ZG \ .�..�. a Z O O z' v IT1 n U i - 01 D �} p m�i� sG a, -, amC' m r �:17 Z. 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O p �3 �} 3 3 t3 (SS CJS N Ui �p� j `\ N \ 1 \ 9�• \\ C '�,� O O O O D O s F W Os a te • a LV to ` S ir `� op'li jig I -0 v z c �� 0 0oti�� • g \ Z ca G F 01 v 1 gSG \��'� dW�� aG ` \ \' t � .¢ $ '\� S \ a , � bg «� ov ol 140 O U -9� r-C y tj oy Min i o z oO J� o O RI °'' y W 1 8•L I LA p � : m b � p cr t 3 {► 081 1 +R ' CS 5tr4 N m PI < ," ` 0 »�owoaoVO>awN+P d z o z �z azz�zzzzzzzz`zzzz gg Zr 9 $ $ fis p tai mmgmgmmmmmmminr� rR Z. o+ 150 w tO, o o 4i yt 2 0! rn m ON TOWN TOWN COUNCIL OF MEETING MARANA INFORMATION DATE: November 4, 2003 AGENDA ITEM: IX. A. 4 TO: Mayor and Council FROM: Richard Vidaurri, Chief of Police SUBJECT: Resolution No. 2003 -132 — Intergovernmental Agreement between the Arizona Department of Public Safety and Town of Marana Police Department for enhancing law enforcement services pertaining to motor vehicle theft. DISCUSSION: This Intergovernmental Agreement ( IGA) is a renewal of a current IGA with the Arizona Department of Public Safety. This agreement establishes certain guidelines for maintaining one of the Marana police officers assigned to the Arizona Vehicle Theft Task Force. Both the Town of Marana and the Arizona Department of Public Safety have enhanced their law enforcement efforts concerning motor vehicle thefts due to the cooperative efforts involving both departments. This collaboration and synchronization between both agencies has significantly promoted the public health, safety, and welfare by facilitating enforcement of motor vehicle theft. RECOMMENDATION: Staff recommends approval of the Intergovernmental Agreement between the Arizona Department of Public Safety and Town of Marana Police Department regarding the Arizona Vehicle Theft Task Force. SUGGESTED MOTION: I move to adopt Resolution No. 2003 -132. MARANA RESOLUTION NO. 2003-132 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 ARIZONA DEPARTMENT OF PUBLIC SAFETY REGARDING THE ARIZONA VEHICLE THEFT TASK FORCE. WHEREAS, the Town finds that the collaboration and synchronization between the Town of Marana Police Department and the Arizona Department of Public Safety as a result of the Arizona Vehicle Theft Task Force has significantly promoted the public health, safety, and welfare by facilitating enforcement of motor vehicle theft; and WHEREAS, it is necessary to enter into a new intergovernmental agreement with the Arizona Department of Public Safety to renew the-Town's participation in the Arizona Vehicle Theft Task Force. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the T own o f Marana, Arizona, approving and authorizing the Mayor to execute an intergovernmental agreement with the Arizona Department of Public Safety regarding the Arizona Vehicle Theft Task Force, 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 intergovernmental agreement. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 4 day of November, 2003. Mayor BOBBY SUTTON, JR. ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson,. Town Clerk Frank Cassidy, Town Attorney TOWN TOWN COUNCIL OF MEETING MARANA INFORMATION DATE: November 4,2003 AGENDA ITEM: IX. A. 5 TO: Mayor and Council FROM: Jocelyn Bronson, Town Clerk SUBJECT: Resolution No. 2003 -140: Request by Northwest Fire District to annex certain property located in the civinity of the Marana Town Hall and more particularly described on Exhibits C, D, E and I in order to provide fire protection services DISCUSSION: The Board of Directors of Northwest Fire District is requesting that the Council approve a request to extend the boundaries of Northwest Fire District to include that certain property in Exhibits C, D, E and I, so that Northwest Fire District can provide fire protection services to that area. On October 7, 2003, P arcel 4, i ncluded w ithin E xhibit C, w as a nnexed p ursuant t o C ouncil approval of Resolution No. 2003 -123. The remaining parcels included in this request being presented to Council for approval tonight were inadvertently omitted. Council had previously given blanket approval to the fire district to annex all areas within the Marana town boundaries. Due to some recent competition conflicts with fire districts in surroundings municipalities, the Northwest Fire District board felt that it would be in their best interest to ask that the Marana Town Council specifically approve this annexation request. RECOMMENDATION: Staff recommends adoption of the request by Northwest Fire District to proceed with the annexation of that certain property in Exhibits C, D, E and I. SUGGESTED MOTION: I move to approve Resolution No. 2003 -140. ADMIN/JCB 10:55 AM/10/29/03 MARANA RESOLUTION NO. 2003-140 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AUTHORIZING THE NORTHWEST FIRE DISTRICT ( "NWFD ") TO ANNEX AN AREA OF LAND WITHIN THE CORPORATE LIMITS OF THE TOWN OF MARANA, AS DESCRIBED IN EXHIBITS C, D, E AND I ATTACHED, IN ORDER TO ALLOW NWFD TO PROVIDE FIRE PROTECTION SERVICES FOR THAT AREA. WHEREAS, NWFD requires the Town's approval pursuant to A.R.S. § 48- 262(F) to proceed with the annexation of property within the Town's corporate limits; and WHEREAS, NWFD is seeking approval from the Town to annex the property within the Town's corporate limits described in Exhibits C, D, E and I, and incorporated herein by this reference; and WHEREAS, it is in the best interest of the Town to grant approval to the NWFD, pursuant to A.R. S. § 48- 262(F), for the health, safety and welfare of the Town residents, and in particular future residents of the area described in Exhibits C, D, E and I. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council ofthe Town of Marana, Arizona, that the Town grant authorization and endorse the annexation of the area within its corporate limits described in Exhibits C, D, E and I into the NWFD, pursuant to A.R.S. § 48- 262(F), in order to allow NWFD to proceed with annexation and provide fire protection services to that area. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 4 day of November, 2003. Mayor Bobby Sutton, Jr. ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Marana Resolution No. 2003 -140 Exhibits C, D, E and I Legal Description and Maps THE EXHIBITS ARE ON FILE WITH THE TOWN CLERK AND ARE NOT INCLUDED HERE. • Marana Resolution No. 2003 -140 ri r TOWN COUNCIL TOWN MEETING OF INFORMATION MARANA DATE: November 4, 2003 AGENDA ITEM: IX. A. 6 TO: Mayor and Council FROM: Jocelyn C. Bronson, Town Clerk SUBJECT: Resolution No. 2003 -141: Intergovernmental Agreement with the Pima County Health Department under the Emergency Management Assistance Grant and Town of Marana to assist in the review and update of Marana's emergency operations plan DISCUSSION: Pima County was awarded the Emergency Management Assistance Grant for emergency operations planning and to enhance the terrorism annex in Pima County. Pima County desires to supplement local communities in order to maintain a coordinated response effort throughout the community, specifically, to help communities revise their emergency operations plan in order to integrate the plan and ensure compatibility with the Pima County Emergency Operations plan. The Town of Marana and Pima County would like Council approval to enter into an Intergovernmental Agreement for this purpose. The focus of updating the Town's emergency operations plan will be to focus on the post 9 -11 environment with an emphasis on Weapons of Mass Destruction and terrorist related threats. The County will reimburse the Town up to $10,000 to review and update its emergency plan in accordance with the grant. RECOMMENDATION: Staff recommends the approval of the Intergovernmental Agreement with Pima County. SUGGESTED MOTION: I move to approve Resolution No. 2003 -141. MARANA RESOLUTION NO. 2003-141 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT W ITH P MIA C OUNTY T O A SSIST W ITH T HE REVIEW AND UPDATE MARANA'S EMERGENCY OPERATIONS PLAN WITH AN EMPHASIS ON THE POST 9 -11 ENVIRONMENT RELATING TO TERRORIST RELATED THREATS. WHEREAS, A.R.S. § 11 -952 grants the Town the authority to enter into Intergovem- mental Agreements; and WHEREAS, Pima County and the Town of Marana 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.; and WHEREAS, Pima County wishes to supplement local communities up to $10,000 each in order to maintain a coordinated response effort throughout the community through a review and revision of the community's emergency operations plan; and WHEREAS, the Town of Marana finds that entering into an intergovernmental agreement for the purpose of reviewing and updating its emergency operations plan to focus on the post 9- 11 environment 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 Pima County for the purpose of updating the Town's emergency operations plan to ensure compatibility with the Pima County Emergency Operation Plan, and authorizing Town staff to undertake all other tasks required to carry out the terms, obligations and objectives of the inter- governmental agreement. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 4th day of November, 2003. Mayor BOBBY SUTTON, JR. ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Resolution No. 2003 -141 TOWN TOWN COUNCIL OF MEETING MARANA INFORMATION DATE November 4, 2003 AGENDA ITEM: IX. A. 7 TO: Mayor and Council Members FROM: Jocelyn C. Bronson, Town Clerk SUBJECT: Resolution No. 2003 -142: Application for Liquor License: New License for a Limited Liability Company: Consideration of recommendation to State Liquor Board for a No. 11 (Hotel/Motel with Restaurant) liquor license application submitted by James A. Shiner, on behalf of Lazy K Bar Guest Ranch, located at 8401 N. Scenic Drive. DISCUSSION: James A. Shiner, on behalf of Lazy K Bar Guest Ranch, is applying for a new No. 11 (Hotel/Motel with Restaurant) liquor license for premises located at 8401 N. Scenic Drive. The business is in compliance, and the Marana Police Department, showing no record on file, has completed a background check. In accordance with the State of Arizona Guide to Arizona Liquor Laws, the Clerk's office has received two copies of an application for a spirituous liquor license from the State Department of Liquor Licenses & Control. One copy of the application has been posted on the front of the proposed licensed premises for 20 days prior to this meeting. The Council, as the appropriate governing board, must hold a meeting and either approve, disapprove or offer a "no- recommendation" decision on the application. This action must take place within 60 days of the filing of the application. During the time the governing body is processing the application, the Department will conduct a background check of the applicant. If the application is approved at the appropriate government level, and no written protests have been received by the Department, and if there is no objection by the Director, the application will be approved. This process normally takes 90 days after the filing of the application. If the governing body disapproves the application or offers a "no- recommendation" decision, or if protests have been filed with the Department, the application must be set for a hearing before the State Liquor Board. The hearing may be conducted by the board or by a designated hearing officer. The purpose of a hearing is to consider all evidence and testimony in favor of or opposed to the granting of a license. The applicant for a new license bears the burden of demonstrating his or her "capability, qualifications and reliability" and that the granting of a license is in "the best interest of the community" except that, in a person -to- person transfer, an applicant need only prove his or her "capability, qualifications and reliability ". An applicant in a location -to- location ADMIN/JCF./10 /29 /03/12:07 PM transfer n eed o my p rove t hat t he granting o f t he 1 icense i s i n t he " best interest of the community ". The decision by the Board to grant or deny an application will normally take place within 105 days after the application has been filed, unless the director deems it necessary to extend the time period. A.R.S. 4 -201, 4- 201.01, 4 -203; Rule R-4 -15 -102. RECOMMENDATION: James A. Shiner, on behalf of Lazy k Bar Guest Ranch, located at 8401 N. Scenic Drive, has applied to the State of Arizona Department of Liquor License & Control for a new No. 11 (Hotel/Motel with Restaurant) liquor license and has met the posting requirements. The office of the Town Clerk has received no comments in favor or against the application. Staff recommends consideration of approval of this liquor license. SUGGESTED MOTION: I move to approve Resolution No. 2003 -142. ADMIN/JCE/10/29/03/12:07 PM MARANA RESOLUTION NO. 2003-142 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, RECOMMENDING THE APPROVAL OF AN APPLICATION FOR A NEW LICENSE BY A LIMITED LIABILITY CO. OF A NO. 11 (HOTEL/MOTEL WITH RESTAURANT) LIQUOR LICENSE SUBMITTED BY JAMES A. SHINER ON BEHALF OF LAZY K BAR GUEST RANCH, FOR PREMISES LOCATED AT 8401 N. SCENIC DRIVE. WHEREAS, pursuant to A.R.S. Section 4 -201, the Town Council of the Town of Marana is empowered to recommend approval or disapproval of a liquor license request to the Arizona Department of Liquor Licenses and Control; and WHEREAS, James A. Shiner has applied for a new liquor license by a limited liability company of a No. 11 (H otel /Motel with Restaurant l ty p Y � / Restaurant) license for the premises known as Lazy K Bar Guest Ranch, located at 8401 N. Scenic Drive; and WHEREAS, Town staff filed one copy of the application in the office of the Town Clerk, and posted the other on the front of the premises at 8401 N. Scenic Drive for 20 days along with a statement requiring any bona fide resident residing, owning, or leasing property within a one mile radius in favor of or opposed to such issuance of the license to file written arguments in favor of or opposed to such issuance with the Town Clerk; and WHEREAS, the Town Council considered all statements filed by the applicant and any bona fide resident at a public meeting on November 4, 2008, and has determined that it is in the best interests of the Town and its citizens that the application for a new No, 11 (Hotel/ Motel with Restaurant) liquor license for Lazy K Bar Guest Ranch located at 8401 N. Scenic Drive be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Town recommends approval of the application filed by James A. Shiner for a new No. 11 (Hotel/ Motel with Marana Resolution No. 2003 -15 Page 1 of 2 Restaurant) liquor license for Lazy K Bar Guest Ranch, located at 8401 N. Scenic • Drive. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 4th day of November, 2003. Mayor BOBBY SUTTON, JR. ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Resolution No. 2003 -15 Page 2 of 2 Proclamation Skip Rimsza WHEREAS, government affects every aspect of life in America today, including community livability; and WHEREAS, all municipalities in Arizona, regardless of size and geographic location, benefit from the accomplishments of all elected officials who strive to make their communities better; and WHEREAS, Skip Rimsza, the 50th Mayor of the City of Phoenix serving since 1994, understands the value and importance of maintaining a healthy and thriving community through the participation of local residents to renew the neighborhoods of Phoenix, expand the economy and protect families; and WHEREAS, his efforts as Mayor have resulted in donations exceeding $100,000 from private sources to supplement the city's education budget for basic materials; the addition of several parks throughout Phoenix; and the addition of more than 200 police officers to the Phoenix Police Department; and WHEREAS, Skip Rimsza continues to raise the standard of excellence for his community through his tireless efforts to fight domestic violence, preserve the desert from sprawl construction, improve transit and attract new businesses to Phoenix. NOW, THEREFORE, the Mayor and Council of the Town of Marana recognize and commend Skip Rimsza for his leadership and encouragement to others in continuing to build partnerships with local organizations to benefit the City of Phoenix and Maricopa County as a whole. FURTHER, the Mayor and Council congratulate Skip Rimsza for his service to his community and extend warm wishes for equal success and fulfillment to him in his future endeavors. Dated this 4th day of November, 2003. Bobby Sutton, Jr., Mayor ATTEST: Jocelyn C. Bronson, Town Clerk TOWN COUNCIL TOWN MEETING OF INFORMATION MARANA DATE: November 4, 2003 AGENDA ITEM: IX. A. 9. TO: Mayor and Council FROM: Frank Cassidy, Town Attorney SUBJECT: Resolution No. 2003 -143 AUTHORIZING AND APPROVING THE APPLICATION TO THE STATE OF ARIZONA FOR DESIGNATION OF THE TUCSON PIMA ENTERPRISE ZONE. DISCUSSION: Mayor and Council is being asked to approve a revised resolution establishing the Tucson Pima Enterprise Zone with the City of Tucson, the Town of Marana, the Town of Sahuarita, the City of South Tucson, and portions of unincorporated Pima County. This item readopts and revises the action taken by Resolution No. 2003 -137, approved on October 21, 2003, to conform to revisions made by the participating entities after October 21. This item is to be considered with its companion, Resolution No. 2003 -144, which authorizes the execution of the associated IGA, which establishes a seven - member commission to provide governance for the Enterprise Zone. The Commission is made up of the following: the Mayor and two council members from the City of Tucson, the Mayor of the City of South Tucson, the Mayor of the Town of Marana, the Mayor of the Town of Sahuarita, and the Chair of the Pima County Board of Supervisors. In addition, ex officio membership is extended to the Chairman of the Pascua Yaqui Tribe and the Chairperson of the Tohono O'odham Nation. The consolidated zone would include portions of the City of Tucson, Town of Marana, Town of Sahuarita, the City of South Tucson, and portions of unincorporated Pima County. The new zone is approximately 6,888 square miles and has a total population of 499,509. According to the 2000 Census, the poverty rate in the proposed consolidated zone is 21.14 %. Newly added areas include Flowing Wells, the Avra Valley Airport, the Pascua Yaqui Tribe Reservation, and the Tohono O'odham Nation. Areas removed since October 21 include the land north of the Santa Cruz River from Avra Valley Road to Trico Road, and non -Tribal land west of Trico Road. RECOMMENDATION: Staff recommends approval of Resolution 2003 -143. SUGGESTED MOTION: I move to approve Resolution No. 2003 -143. Resolution No. 2003 -XX MARANA RESOLUTION NO. 2003 -143 A REVISED RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, ESTABLISHING AN ENTERPRISE ZONE COMMISSION; DESIGNATING THE BOUNDARIES OF A PROPOSED ZONE; AUTHORIZING THE COMMISSION AND THE ZONE ADMINISTRATOR TO SUBMIT AN ENTERPRISE ZONE APPLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Arizona Department of Commerce initiated an enterprise zone program pursuant to A.R.S. § 41 -1521, et seq.; and WHEREAS, this program's intent is to improve economically depressed sections of municipalities and counties through the development of job- creating uses; and WHEREAS, the State program offers income tax credits to qualified zone businesses to be supplemented by other local initiatives and incentives; and WHEREAS, Pima County, the towns of Marana and Sahuarita and the cities of Tucson and South Tucson have identified an area that meets the state's eligibility criteria for enterprise zone designation which is contained in the map attached as Exhibit A hereto; and WHEREAS, this area also offers excellent transportation access, vacant developable land, appropriate zoning for commercial/industrial development, linkages with existing redevelopment areas, and an adequate population base businesses to attract zone residents as employees; and WHEREAS, Pima County, and the cities of Tucson and South Tucson and the towns of Marana and Sahuarita have identified types of local development assistance that would be available to zone businesses according to the participating governments' criteria and the project's consistency with other economic development goals of the participating governments; and WHEREAS, Pima County and the cities of Tucson and South Tucson and the towns of Marana and Sahuarita are strongly committed to economic development activities that create jobs and encourage the creation of employment opportunities for unemployed/underemployed individuals; and WHEREAS, the Mayor and Council of the Town of Marana support the designation of a state enterprise zone within the designated unincorporated areas of Pima County, portions of the towns of Marana and Sahuarita and the cities of Tucson and South Tucson and the establishment of a joint enterprise zone commission; and WHEREAS, the Town of Marana approved Resolution No. 2003 -137 on October 21, 2003, relating to the creation of a joint enterprise zone commission; and Town of Marana Resolution No. 2003 -143 Page 1 • WHEREAS, after the Town's approval of Resolution No. 2003 -137, the map of the proposed Enterprise Zone was modified to assure that eligibility requirements are met, and the revised map is attached as Exhibit A to this Resolution. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, as follows: SECTION 1. The State of Arizona is requested to approve the zone boundaries and to designate the new Tucson Pima Enterprise Zone as described in Exhibit A for five years. SECTION 2. Pursuant to A.R.S. § 42 -1522, an intergovernmental agreement, shall be submitted to the governing bodies of Pima County, the towns of Marana and Sahuarita and the cities of Tucson and South Tucson in order to establish the Tucson Pima Enterprise Zone Commission. SECTION 3. The Tucson Pima Enterprise Zone Commission, as constituted in the intergovernmental agreement referred to in Section 2, shall serve as the joint enterprise zone commission for the purposes of nominating a zone to the Arizona Department of Commerce and overseeing implementation should a zone within Pima County, the towns of Marana and Sahuarita and the cities of Tucson and South Tucson be designated. SECTION 4. The Director of the City of Tucson Office of Economic Development shall be designated staff as Zone Administrator. SECTION 5. Upon the formation of the Joint Enterprise Zone Commission, the Commission and the Zone Administrator is authorized to submit an application to the Arizona Department of Commerce on behalf of Pima County, the towns of Marana and Sahuarita and the cities of Tucson and South Tucson for a proposed enterprise zone generally comprising the area contained in Exhibit A. SECTION 6. The Mayor and Council find that the proposed zone satisfies the size population and unemployment/poverty requirements established the Arizona Department of Commerce. SECTION 7. If the Intergovernmental Agreement referred to in Section 2 is not executed by sufficient parties or the map of the proposed Enterprise Zone is changed so as to fail to meet the size, population and poverty requirements established by A.R.S. § 41 -1523, this Resolution shall be deemed to be repealed. SECTION 8. The various officers and employees of the Town of Marana are authorized and directed to perform all acts necessary or desirable to give effect to this resolution. SECTION 9. Whereas 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. Town of Marana Resolution No. 2003 -143 Page 2 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 4"' day of November, 2003. Mayor BOBBY SUTTON, JR. ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Town of Marana Resolution No. 2003 -143 Page 3 1 dY ��►� it „z , 'El Ills Nn 11 ■I �■ IIJ �f �F'°^+ s • a r a TOWN COUNCIL TOWN MEETING OF INFORMATION MARANA DATE: November 4, 2003 AGENDA ITEM: IX. A. 10. TO: Mayor and Council FROM: Frank Cassidy, Town Attorney SUBJECT: Resolution No. 2003 -144 AUTHORIZING AND APPROVING THE EXECUTION OF A REVISED INTERGOVERNMENTAL AGREEMENT RELATING TO THE ESTABLISHMENT OF AND PARTICIPATION IN THE TUCSON PIMA ENTERPRISE ZONE. DISCUSSION: This is the companion to Resolution No. 2003 -143, authorizing the execution of the revised intergovernmental agreement relating to the establishment of and participation in the Tucson Pima Enterprise Zone. Since the Town Council approved the original version of this intergovernmental agreement by the adoption of Resolution No. 2003 -138 on October 21, this intergovernmental agreement has been revised by, among other things, clarifying that any further revision of the enterprise zone map is subject to approval by all parties and adding required terms relating to cancellation, non - discrimination and compliance with the Americans With Disabilities Act. RECOMMENDATION: Staff recommends approval of Resolution 2003 7 144. SUGGESTED MOTION: I move to approve Resolution No. 2003 -144. Resolution No. 2003 -144 MARANA RESOLUTION NO. 2003 -144 A REVISED RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH PIMA COUNTY, THE CITY OF TUCSON, THE CITY OF SOUTH TUCSON AND THE TOWN OF SAHUARITA RELATING TO THE CREATION OF AN ENTERPRISE ZONE, AND DECLARING AN EMERGENCY. WHEREAS, the Town approved Resolution No. 2003-138 on October 21, 2003, authorizing the Mayor to execute an Intergovernmental Agreement relating to the creation of a joint enterprise zone with Pima County, the City of Tucson, the City of South Tucson and the Town of Sahuarita; and WHEREAS, after the approval of Resolution No. 2003 -138, the Intergovernmental Agreement was revised by, among other things, clarifying that any further revision of the enterprise zone map is subject to approval by all parties and adding required terms relating to cancellation, non- discrimination and compliance with the Americans With Disabilities Act; and • WHEREAS, the Town finds that it is in the best interests of the citizens of the Town of Marana to participate in an Enterprise Zone. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, approving and authorizing the Mayor to execute an intergovernmental agreement with Pima County, the City of Tucson, the City of South Tucson and the Town of Sahuarita relating to the creation of an enterprise zone, in the form presented to the Mayor and Council concurrently with this Resolution, and authorizing the Mayor, the Town Manager and Staff to undertake all other tasks required to carry out the terms, obligations and objectives of the intergovernmental agreement. 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 4 h day of November, 2003. Mayor BOBBY SUTTON, JR. ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Town of Marana Resolution No. 2003 -144 OCT -27 -2003 15:08 ECONOMIC DEVELOPMENT 520 791 5413 INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF TUCSON PIMA COUNTY THE CITY OF SOUTH TUCSON THE TOWN OF MARANA AND THE TOWN OF SAHUARITA for the establishment of a JOINT ENTERPRISE ZONE COMMISSION INTERGOVERNMENTAL AGREEMENT, entered into this day of 2003, pursuant to title 11, Chapter 7, Article 3, A.R.S., by and between the City of Tucson, a municipal corporation, hereinafter sometimes referred to. as `Tucson ", the City of South Tucson, a municipal corporation, hereinafter sometimes referred to as "South Tucson ", the Town of Marana, hereinafter sometimes -referred to as 'Marana ", the Town of Sahuarita, hereinafter sometimes referred to as "Sahuarita ", and Pima County. WHEREAS; the Arizona Department of Commerce has initiated an enterprise zone program pursuant to A.R.S. Sec. 41 -1521, et seq.; and WHEREAS, the Pima County, the cities of Tucson and South Tucson, and the towns of Marana and Sahuafita desire to participate in the state enterprise zone program; and WHEREAS, A.R.S. Sec. 41 -1522 provides that a county and adjacent cities, through their respective governing bodies, may jointly participate in the enterprise zone program by establishing a Joint Enterprise Zone Commission by. (A0005820ATF /2} 3 OCT -27 -2003 15:09 ECONOMIC DEVELOPMENT 520 791 5413 r.M Intergovernmental Agreement; and WHEREAS, A.R.S. Sec. 41 -1524 provides that an Enterprise Zone Commission may apply to the Department of Commerce to designate a qualified area as an enterprise zone; and WHEREAS, the Pima County, the cities of Tucson and South Tucson, and the towns of Marana and Sahuarita have determined that entry into this Intergovernmental Agreement in order to establish a Joint Enterprise Zone Commission, and to submit an application to the Department of Commerce for the designation of an enterprise zone, is in the public interest; NOW, THEREFORE, PURSUANT TO THE ABOVE AND IN CONSIDERATION OF THE COVENANTS AND CONDITIONS HEREAFTER SET FORTH, Pima County, the cities of Tucson and South Tucson, and the w towns of Marana and Sahuarita do mutually agree as follows: i 1. PURPOSE OF AGREEMENT The purpose of this Agreement is to establish a joint enterprise zone commission pursuant to A.R.S. Sec. 41 -1522, to be known as the Tucson Pima Enterprise Zone Commission, and define its authority and duties. 11. ESTABLISHMENT OF COMMISSION Upon execution of this Agreement by all parties, there is established a Tucson Pima Enterprise Zone Commission ("Commission "), which shall consist of the Chairperson of the Pima County Board of Supervisors, the mayors of South Tucson, Marana, and Sahuarita, and the Mayor and two Council Members (A0005820.RTF12) 4 OCT -2? -2003 15 09 ECONOMIC DEVELOPMENT 520 791 5413 P.06 of the City of Tucson who shall serve as the Tucson Pima Enterprise Zone Commission. III, ZONE ADMINISTRATOR The Director of the City of Tucson Office of Economic Development, or the Director's designee, shall be appointed to serve as Zone Administrator pursuant to A.R.S. Sec. 41 -1522. IV. AUTHORITY AND DUTIES OF COMMISSION The Commission shall identify the area described in Exhibit A to this Agreement as an enterprise zone and shall apply for designation of this area as provided in A.R.S. § 41 -1524. The Tucson Pima Enterprise Zone Commission is authorized to, and shall perform, all the duties contained in A.R.S. Secs. 41 -1522 to 41 -1528, except that designation or renewal of designation of enterprise zone boundaries is subject to prior approval by all parties. a V. FINANCE AND ADMINISTRATIVE SUPPORT Staff from Pima County, the cities of Tucson and South Tucson, and the towns of Marana and Sahuarita will cooperatively provide administrative support to the Enterprise Zone Commission under direction of the Zone' Administrator. VI, INSURANCE AND LIMITATION OF LIABILITY Each party agrees to hold the other party harmless by reason of its individual activities hereunder and each party shall be solely responsible for its own acts or omissions by reason of its operations under this Agreement_ (AO005820.RTFr4 5 OCT -27 -2003 15:09 ECONOMIC DEVELOPMENT 520 791 5413 P.07 VII. TERM OF AGREEMENT The term of this Agreement shall be one year from the date of its filing with the Secretary of State pursuant to A.R.S. Sec. 11- 952(g). This Agreement may be renewed each year for an additional one -year term upon approval by the respective governing bodies of the parties to this Agreement. VIII. TERMINATION This Agreement may be terminated at any time by any party hereto giving not less than 30 days written notice to the other parties. IX. LEGAL JURISDICTION Nothing in this Agreement is to be construed as either limiting or extending the jurisdiction of Pima County, the cities of Tucson and South Tucson, or the towns of Marana and Sahuarita. X. EFFECTIVE DATE This Agreement shall become effective upon its filing with the Secretary of State pursuant to A.R.S. Sec. 11- 952(8). Xl. CANCELLATION This Agreement may be canceled pursuant to A.R.S. § 38 -511, the pertinent provisions of which are incorporated herein by reference. XIi. Non - Discrimination. The parties shall not discriminate against any employee, 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 carrying out duties pursuant to this Agreement. The parties shall comply with applicable provisions of Executive Orders 75 -5, and amended by Executive Order 99-4, which are incorporated into (A0005820.RTFJ2) 6 • OCT -27-2003 1509 ECONOMIC DEVELOPMENT 520 791 5413 this Agreement by reference as if set forth in full herein. Xlll. Com liance with Americans with Disabilities Act. The parties 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. CITY OF SOUTH TUCSON, CITY OF TUCSON, a municipal corporation a municipal corporation By: By. Mayor Mayor ATTEST: ATTEST: B By- City Clerk City Clerk APPROVED AS TO FORM: APPROVED AS TO FORM: City Attorney Assi ant City Attorney City of South Tucson _ City of Tucson TOWN OF MARANA, TOWN OF SAHUARITA, a municipal corporation a municipal corporation By By Mayor Mayor ATTEST: ATTEST_ City Clerk City Clerk ' (A0005820.RTFt2) 7 OCT -27 -2003 1509 ECONOMIC DEVELOPMENT APPROVED AS TO FORM: APPROVED AS TO FORM: City Attorney Assistant City Attomey Town of Marana Town of Sahuarita PIMA COUNTY Chairperson ATTEST: Clerk of the Board of Supervisors APPROVED AS TO FORM: Deputy County Attorney (AD005820.RTFJZ) 8 OCT -27 -2003 1509 ECONOMIC DEVELOPMENT 520 791 5413 APPROVAL OF THE CITY ATTORNEY 1 hereby state that I have reviewed the proposed Intergovernmental Agreement between the City of South Tucson, the City of Tucson, the Town of Marana, the Town of Sahuarita, and Pima County and declare the Agreement to be in proper form and within the powers and authority granted under the laws of the State of Arizona. DATED this day of 2003. CITY OF TUCSON BY Assi tant City Attomey (A0005620.RTF12) 9 V �•rlslt //. i I 11 `�W.:iL ,���f y.y / � • 12b�a� s + a ? ?r'e \t, � b � ''n♦ T4 `2"'*. C y � n� Z�v'� c w ♦4 q y c`�r +ice - , @ t I t �,� �\q, � �q *`8`- <'• c�� � I � Q`Y'•L�L �pgFC C` , Q"'ai _`�'? ��2� �n`a•4`�.w� sb �'� K& �" �+� ♦e4 L c � 5 1 i ��� L �`, b`� O � \�. Z, ����O 4� `c ?d F' i� tiE <'n� ��. v < a � 3� 0 �y`Z�Z1 p �L.. �,Ec���, r��4�� 4Q'(�'�a i�'� ��+ 2ec�' � p ae °'c< � y �♦� ` ,��y.Y 1�ta+n S f+t� `` T �' a� �.ra � � R. 1 � 7w �M � tA ♦A ,x � y> � Q,c _ it `4\ � y�„� �� ��1���`� ':.♦ v ♦ � t t �� ' i vi �„* �`Dr�uv�.d �'p v ° a�i �R �..n � �, `•<�'��t��tiT.�iZ����5� ,t v, fir,•.. ,° ;`Cni b `V-i�.� @'ado. ? `�- � `�. � a , �� '� � �y�''L � 4 2S���L�y♦'c; ° i r � i � y �.i.. -,. L� *+� �."L� ��,�4 i � � w •7F^,"Cf f } 'r'r� y � t♦'i�:���'t a is 7r ::?+�i�'R • -..fir. c;A}4',�1'{ "U.�Y). "�n �' T y4 I _ i 1 Ir ✓ } wt t f '��s'•�(L�'..A�f �.:� /� ��`� "�3i " ,jk e�r P�,Y"`gv if3'r'6 M, IWIF ' � -t = 4F .. a "'• ;M' Zy� 4 �,.� K }- � t .� --rar n . \ ��;��� +�� n I � _��y LW Boa �;���, �? '� ^"A Ysyy .. WIN _ ��[:i�'i cr t- '�.!£�{�• a'u.t�9 uC ��'v r�. ti�; - t l°';. �, F .0— v'.^ � �a� � � : -a w:;c. _ � Fes-' tt rMa y�i� '�� �� ✓ i,eyr„a mr,,7y��"5, ° C� 7 '" i �a 3'1 �'� � . ���l�si� �,,�f'��.`�. �� •'� E� ? �[ L �"`c �� '�?� +�'tyir�yv,� �" t_� rte. V' �> >r 9+• � � �,�',� � � ,u,_, �� �, ,,�'�. r,r +e�•�atiW�"v�� Z e�"�P�M� S1�' u 'rr "••v.��sr' � � �`.��' � r�'a '«�r��� al l ti � *! •f,..a� . �� �, s[4.: X '�� �•�•�'ti "'tiS'•+'1r� � -` �A .^�t ^ i��,, i ;a.� "� �'i � ��`�b,,•�'S re, vA,�.�,.7, + ' e f � �Fi�r.._ df F '�`�' �i`ws wt�+. ��a'� •+f^ lea. i wrG��,.�? �. y % Yg 2� tt 111r7hf al � 4�r S c.� �'. " rte . � - ^' � �- { K�•4' ,,,,,, �` X�' '+n� _ ����'%�,�'l ' _'� i� "` � 't• - ar c , s �j +a' �' ����� ..:it- r�ts,.h`�•o,a.i,; .��'1�:¢M.ww�;+ k`�• a TOWN COUNCIL TOWN MEETING OF INFORMATION MARANA DATE: November 4, 2003 AGENDA ITEM: IX. A. 11. TO: Mayor and Council FROM: Frank Cassidy, Town Attorney SUBJECT: Resolution No. 2003 -145 AUTHORIZING AND APPROVING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE PASCUA YAQUI TRIBE RELATING TO THE PURCHASE AND INSTALLATION OF PLAYGROUND EQUIPMENT AT YOEM PUEBLO. DISCUSSION: On April 15, 2003, Mayor and Council approved Resolution No. 2003 -37, authorizing the execution of an intergovernmental agreement with Pima County amending the CDBG allocation to accommodate the purchase and installation of playground equipment at Yoem Pueblo and extending to December 31, 2003 the time for completion of the project. Before you today is an intergovernmental agreement with the Pascua Yaqui Tribe to facilitate the purchase and installation of the playground equipment with the CDBG funding that was the subject of Resolution No. 2003 -37. RECOMMENDATION: Staff recommends approval of Resolution 2003 -145. SUGGESTED MOTION: - I move to approve Resolution No. 2003 -145. Resolution No. 2003 -145 MARANA RESOLUTION NO. 2003 -145 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 PASCUA YAQUI TRIBE TO AUTHORIZE AND FACILITATE THE TOWN'S PARTICIPATION IN THE PURCHASE AND INSTALLATION OF PLAYGROUND EQUIPMENT AT YOEM PUEBLO USING CDBG FUNDING, AND DECLARING AN EMERGENCY. WHEREAS, the Town has received an allocation of $25,000 in CDBG funding to pay a portion of the cost for the purchase and installation of playground equipment at Yoem Pueblo; and WHEREAS, the Town and the Pascua Yaqui Tribe have prepared an intergovernmental agreement to facilitate this project. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, approving and authorizing the Mayor to execute an intergovernmental agreement with the Pascua Yaqui Tribe to provide for the removal of existing playground equipment, preparation of the site, and the purchase and installation of new playground equipment , in the form presented to the Mayor and Council concurrently with this Resolution, and authorizing the Mayor, the Town Manager and Staff to undertake all other tasks required to carry out the terms, obligations and objectives of the intergovernmental agreement. 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 4 day of November, 2003. Mayor BOBBY SUTTON, JR. ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Town of Marana Resolution No. 2003 -145 INTERGOVERNMENTAL AGREEMENT BETWEEN PASCUA YAQUI TRIBE AND TOWN OF MARANA This Intergovernmental Agreement is entered into this day of 2003, by and between the Pascua Yaqui Tribe, a sovereign nation ( "Tribe ") and the Town of Marana, Arizona, an Arizona municipal corporation ( "Town "). RECITALS A. WHEREAS, A.R.S. § 11 -952 et seq. provides for the ability for the Town to enter into an Intergovernmental Agreement for the cooperation of the parties in the construction of infrastructure; and B. WHEREAS, Article VI, §1(a) of the Constitution of the Pascua Yaqui Tribe vests the Tribal Council with the authority to enter into agreements with federal, state, and local governments; and C. WHEREAS, pursuant to the Constitution, Bylaws and other laws of the Tribe, the Pascua Yaqui Tribal Council is charged with the responsibility of providing for the general welfare of the members of the Tribe; and D. WHEREAS, pursuant to Article VI, Section 1(a) and (d) of the Constitution of the Tribe, the Tribe may enter into contracts and agreements and appropriate tribal funds for governmental purposes serving the general welfare of the Tribe; and E. WHEREAS, The Tribe owns a certain parcel of land, traditionally occupied by members of the Tribe and known as Yoem Pueblo, located within the boundaries of the Town, and the parties wish to enter into this IGA in order to provide for the construction of certain park improvements within the Pueblo; and F. WHEREAS, the Mayor and Council of the Town did on the 4' day of November, 2003, authorize the Mayor to execute this Agreement by Resolution No. 2003 -145. G. WHEREAS, the Tribe did on the day of , 2003 authorize the Tribe Chairman.to execute this Agreement by Resolution No. NOW, THEREFORE, Tribe and Town, in consideration of the mutual representations and covenants set forth herein, and for other good and valuable consideration, do mutually agree as follows. Marana /Pascua Yaqui Tribe IGA Page 1 of 7 AGREEMENT 1 Purpose. The purpose of this intergovernmental agreement is to provide for the removal of existing playground equipment, preparation of the site, and the purchase and installation of new playground equipment. 2 Effective Date: Term. This Agreement shall become effective upon filing the original executed Agreement with the office of the Pima County Recorder, and shall continue in effect until December 31, 2003. 3 Construction of Playground Equipment. Tribe has already prepared plans and obtained bids for the construction of playground equipment on a parcel within the Pueblo owned by the Marana Area Yaqui Association. The Town agrees that it will, at Town's expense, remove the existing playground equipment and prepare the grounds. The Tribe will be responsible for all contracting and other costs associated with the construction and installation of the new playground equipment, and the Town agrees to contribute the sum of twenty five - thousand ($25,000.00) dollars from Community Development Block Grant (CDBG) funding. The parties acknowledge and agree that in order to qualify for CDBG funding the playground equipment must be purchased and installed by December 31, 2003, and as such, if the equipment is not purchased and installed by that date, the Town will not be responsible for payment as provided herein. 4 Waiver of Permit Fees. The Town agrees to waive all permit fees for the above project. 5 Compliance with CDBG Requirements. The parties understand and agree that the funding for the improvements will be funded through CDBG funds, and the Tribe agrees that it will comply in all respects with all CDBG requirements and all provisions of thatcertain intergovernmental agreement between the Town and Pima County regarding CDBG funding, attached hereto as Exhibit "A." The Tribe agrees that it will work in cooperation with the Town and obtain the Town's approval of all bidding, contracts, and other activities in order to assure compliance with CDBG requirements. 6 Status of Tribe as Sovereign Nation. The Tribe is a recognized sovereign nation, and nothing in this Agreement is intended to supercede that status. 7 Status of Officers & Employees. It is not intended by this Agreement to, and nothing contained in this Agreement shall be construed to, create any partnership, joint venture or employment relationship between the parties or create any employer- employee relationship between any Tribe employee or Town employee. Neither party shall be liable for any debts, accounts, obligations or other liabilities whatsoever of the other, including (without limitation) the other party's obligation to • withhold Social Security and income taxes for any of its employees. Marana /Pascua Yaqui TribelGA Page 2 of 7 8 Hold Harmless: Indemnification. Each party shall, to the extent permitted by Arizona law, indemnify, defend and hold harmless each other party, its officers, departments, employees and agents from, for and against any and all suits, actions, legal or administrative proceedings, claims, demands liens, losses, fines or damages of any kind or nature, including consequential damages, liability, interest, attorneys' and accountants' fees or costs, and expenses of whatsoever kind and nature, which are in any manner directly or indirectly caused, occasioned or contributed to, by reason of any act, omission, fault, negligence, violation or alleged violation of any law, whether active or passive, of any other party hereto, its agents, employees, or anyone acting under its direction, control, or on his behalf, in connection with or incident to the performance of this Agreement. The mutual indemnifications set forth herein are not intended to, and do not, preclude any party from claiming against another party for breach of this Agreement. 9 Notices. All notices shall be in writing and together with other mailings pertaining to this Agreement shall be made to: TOWN: Town Manager COPY TO: Town Attorney Town of Marana Town of Marana 13251 N. Lon Adams Rd. 13251 N. Lon Adams Rd. Marana, AZ 85653 Marana, AZ 85653 TRIBE: Monica Obregon, Tribal Planner COPY TO: Pascua Yaqui Tribe Pascua Yaqui Tribe Attn: Attorney General 7474 Camino de Oeste 7474 Camino de Oeste Tucson, AZ 85746 Tucson, AZ 85746 10 Construction and interpretation. All provisions of this Agreement shall be construed to be consistent with the intention of the parties as expressed in the recitals hereof. 11 Amendment. This Agreement shall not be amended except by written instrument mutually agreed upon and executed by the parties. 12 Entire Agreement. This Agreement, including its exhibits and recitals, constitutes the entire agreement between the parties, and includes all prior oral and written agreements of the parties. 13 Legal Jurisdiction. Nothing in this Agreement shall be construed as either limiting or extending the legal jurisdiction of Town or Tribe. 14 No Joint Venture. It is not intended by this Agreement to, and nothing contained in this Agreement shall be construed to, create any partnership, joint venture, or employment relationship between the parties or create any employer - employee relationship between the parties. No party hereto shall be liable for any debts, • accounts, obligations or other liabilities whatsoever of the other, including without Marana /Pascua Yaqui Tribe IGA Page 3 of 7 �1 , limitation the other party obligation to withhold social security and income taxes for itself or any of its employees. 15 Beneficiaries. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any person other than the parties to it and their respective successors and permitted assigns. 16 Timeliness. Each of the parties to this Agreement agrees to take such actions as may be necessary to carry out the terms of this Agreement, and to cause such documents as may be necessary to be executed with reasonable promptness. 17 Non - waiver. The failure of any party to insist, on any one or more instances, upon the full and complete performance of any of the terms and provisions of the Agreement 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 covenantor condition, either in full or in part in the future. The acceptance by any party of sums of less than may be due and owing it at any time shall not be construed as accord and satisfaction. 18 Severabil ity. In the event that any provision, or any portion of any provision, of this Agreement or the application thereof, is held invalid, illegal or unenforceable, such invalidity, illegality or unenforceability shall have no effect on the remaining portion of any provision or any other provision, or their application, which can be given effect without the invalid provision or application and to this end the provisions of this Agreement shall be deemed to be severable. 19 Termination. 19.1 For Cause. Any party hereto may terminate this Agreement for material breach of the Agreement by another party. Prior to any termination under this section, the party allegedly in default shall be given written notice by the other party of the nature of the alleged default. The party said to be in default shall have forty -five (45) days to cure the default. If the default is not cured within that time, the other party may terminate this Agreement. Any such termination shall not relieve either party from liabilities or costs already incurred under this Agreement. 19.2 Force Maieure. A party shall not be in default under this Agreement if it does not fulfill any of its obligations under this Agreement because it is prevented or delayed in doing so by reason of uncontrollable forces. The term "uncontrollable forces" shall mean, for the purposes of this Agreement, any cause beyond the control of the party affected, including but not limited to failure of facilities, breakage or accident to machinery or transmission facilities, weather conditions, flood, earthquake, lightning, fire, epidemic, Marana /Pascua Yaqui Tribe IGA Pa 4 of 7 war, riot, civil disturbance, sabotage, strike, lockout, labor dispute, boycott, material or energy shortage, casualty loss, acts of God, or action or non - action by governmental bodies in approving or failing to act upon applications for approvals or permits which are not due to negligence or willful action of the parties, order of any government officer or court (excluding orders promulgated by the parties themselves), and declared local, state or national emergency, which, by exercise of due diligence and foresight, such party could not reasonablely have been expected to avoid. Either party rendered unable to fulfill any obligations by reason of uncontrollable forces shall exercise due diligence to remove any such inability with all reasonable dispatch. 19.3 Funding Sources: Budget: Non- appropriation. This Agreement and all obligations upon the parties arising therefrom shall be subject to any limitation imposed by budget law. The parties affirm that they have within their respective budgets sufficient funds to discharge the obligations and duties assumed under this Agreement. If for any reason any party does not appropriate sufficient monies for the purpose of maintaining this Agreement, this Agreement shall be deemed to terminate by operation of law on the date of expiration of funding. In the event of such cancellation, the parties hereto shall have no further obligation to the other party other than for payment for services rendered prior to cancellation. 19.4 Conflict of Interest. This Agreement may be canceled without penalty or further obligation pursuant to A.R.S. § 38 -511, and applicable provisions under the Constitution of the Pascua Yaqui Tribe, the pertinent provisions are incorporated into this Agreement by reference. 19.5 Ownership of Property Upon Termination. Any termination of this Agreement shall not relieve any party from liabilities or costs already incurred under this Agreement, nor affect any ownership of the project constructed pursuant to this Agreement. Marana /Pascua Yaqui Tribe IGA Page 5 of 7 In witness whereof, the parties hereto have hereunto set their hands the day and year first above written. PASCUA YAQUI TRIBE Tribe Chairman ATTEST: (title) TOWN OF MARANA Bobby Sutton Jr. Mayor ATTEST: Jocelyn Entz Town Clerk Marana /Pascua Yaqui Tribe IGA Page 6 of 7 INTERGOVERNMENTAL AGREEMENT DETERMINATION The foregoing Intergovernmental Agreement between the Town of Marana and the Pascua Yaqui Tribe has been reviewed pursuant by the undersigned, who have determined that it is in proper form and is within the powers and authority granted under the laws of the Constitution of the Pascua Yaqui Tribe, the State of Arizona and the United States to those parties to the Intergovernmental Agreement represented by the undersigned. Pascua Yaqui Tribe Town of Marana By: Frank Cassidy As Tribe Attorney General As Town Attorney and not personally and not personally Marana /Pascua Yaqui Tribe IGA Page 7 of 7 TOWN COUNCIL TOWN MEETING OF INFORMATION MARANA DATE: November 4, 2002 AGENDA ITEM: IX. B. 1 TO: Mayor and Council acting as the Board of Adjustment FROM: Joel D. Shapiro, Planning Director SUBJECT: Public Hearing: Gladden Farms Flagpole Variance Request: A request by Gladden Forest LLC for a height and setback variance to allow a 20 -foot flagpole at the Sales Center for the Gladden Farms residential development. This request is for a variance to increase the allowable height of a flagpole per Title 16.8.1.A.4 of the Marana Land Development Code and to allow a reduced front setback from Title 05.02.03.C. of the Marana Land Development Code. The property is located at the SWC of Moore Road and Postvale Road adjacent to Block 6 of the Gladden Farms Development within the northeast'' /4 of Section 34, TI 1S, R1 lE. DISCUSSION: Gladden Farms LLC brought this variance request before the Mayor and Council on October 21, 2003. At that time the Council unanimously voted to continue this item to the November 4, 2003. The original request was for a 60 -foot flagpole to be located approximately 20 -feet back from the property line. This would require relief from Title 16.8. LAA and Title 05.02.03.0 of the Marana Land Development Code pertaining to signage and "C" (Large Lot) Zone setbacks. Following the continuation by Council the applicant has submitted a letter changing their request to a 20 -foot flagpole to be located 20 -feet back from the property line. Although the exact height of the existing house is not known, it is estimated to be between 15 -18 feet tall. Therefore, a flagpole between 18 -23 feet in height would be permitted per the Land Development Code. However, the applicant will still need to secure a variance for the front setback. The front setback for a 20 -foot structure would be 50 -feet. Therefore, the applicant would need a setback variance of 30 -feet. Placing the flagpole 50 -feet back from the property line could hinder the public's ability to clearly see the flagpole unless they were already on site. Currently there are a couple of trees that front along Moore Road that could obscure the view of the flag. The proposed site plan also indicates one of the modular buildings being placed exactly 50 -feet back from property line with the parking lot adjacent to it. The parking lot and the sales office could potentially block the visibility of the flagpole. Title 16 of the Land D evelopment Code a ddresses flagpoles u nder A rticle 16 -8 -1, Signs Exempt from This Chapter. Within this section, `A.4" states "Flagpoles shall have a maximum height no greater than 1.25 times the height of the nearest adjacent building. The length of a flag shall be no greater than 1 14` the height of the flagpole ". Although the sign code exempts flagpoles fi-om sign permits, building permits would still be required. Title 5 of the Land Development Code addresses zoning issues and under section 05.02.03, Zone GLarge Lot Zone. Within this section "C" discusses setbacks which states "No building or structure, except a fence or wall that is not part of a building and not over six (6) feet in height shall be constructed closer than forty (40) feet plus one (1) foot for each foot of building height in excess of ten (10) feet above ground level to any front or rear property line ". If the variance is approved, Staff recommends the following condition: 1. The flagpole will only be allowed for the duration of the temporary sales center's active marketing of the Gladden Farms Development. RECOMMENDATION: Planning Staff has no objection to this variance being granted with the recommended condition. SUGGESTED MOTION: I move to grant the requested flagpole variance, subject to the condition recommended by Staff. Gladden Farms Flagpole Variance MARANA CASE NO. VAR -03116 TOWN OF MARANA m Gladden Farms F 2dden Farms Sales Center Flagpole I 1 N A 300 0 300 600 900 Feet REQUEST Variance to allow a flagpole to encroach into the required 40 -foot ront setback and to allow the height of the pole to exceed the height allowed by the Town of Marana Land Development Code. 3 13 :08 FROM-FOREST CITY SOUTHWEST ID =15208883198 PAGE 2/2 _ z T G_ LADDEI�_T_ FARMS Ober 27, 2003 Ms. Sue Henderson VU FACSIMILE Town of Marana Development Center Planning Department 3696 West Orange Grove Road Tucson, Arizona - 95741 RE: Gladden Farms Sales & Information Center Request for Flag Pole Height and Set Back Variance Dear Ms. Henderson: Gladden Forest, LLC hereby requests that our original request for a variance be modified to allow a twenty (20) foot flag pole and a twenty (20) foot set back from the front property line, as shown on the submitted site plan, to display a flag. Tba & you for your attention to this matter. Please call if you have any questions. Sincerely, GLADDEN OMT, Z. OK Ribl Director of New Development OKRlkp OK339 c: Michael Reuwsaat, Marana Town Manager Dean 'Wingert James King, Rick Engivaeering 333 E. Wetmore Rd, Suite 250 Tucson, Arizona 35705 -1 /58 520.888.3962 fax 520.888.3198 Managing Partner Forest City Land Group t TOWN COUNCIL TOWN MEETING OF INFORMATION MARANA DATE: November 4, 2003 AGENDA ITEM: IX. B. 2 TO: Mayor and Council FROM: Joel D. Shapiro, Planning Director SUBJECT: Ordinance 2003.26 - Widger, Northwest Fire District, Northwest Holdings, Inc. Rezone A request initiated by the Town of Marana to rezone three parcels, approximately 10 acres in total area, located on the west side of Tortolita Road and north of Moore Road within Section 26, Township 11 South, Range 12 East. The request is for a change in zoning from "C" (Large Lot Zone, 25 acre minimum lot size) to "MU -1" (Mixed Use). The requested zoning district is commensurate with the existing development on the three parcels. DISCUSSION: The subject property was annexed by the Town in 1990 and translationally zoned "C" (Large Lot Zone). At that time, the owners, Kathy and Ted Widger, operated a commercial plant nursery and native plant salvage business and had previously conducted other commercial enterprises including a recreational vehicle storage and repair business. The Widgers have since transitioned their business back to the storage and repair of recreational vehicles. In 1997 the Widgers donated a vacant one acre portion of their property to the Northwest Fire District, subsequently the District constructed a new fire station to serve the Dove Mountain vicinity. In 2001, the Widgers divided their remaining 9 acre property creating a vacant 4 acre parcel adjacent to Tortolita Road, which has since been sold to NW Holdings and developed as a commercial self - storage facility. The Town has initiated this rezoning to more accurately reflect the mix of rural commercial activities that have historically and currently take place on the property. The Town proposes to rezone the properties to "MU -1" (Mixed Use Zone) with conditions. The conditions of the r ezone w ould 1 imit t he " MU -1" t o p reclude c ertain p ermitted a nd conditional uses otherwise allowable under the "MU -1 ". These use restrictions, as listed under the recommended conditions of zoning, prohibit specific uses that were identified by the Planning Commission during a public hearing, on July 30, 2003, to consider their recommendation to the Town Council. The Commission voted unanimously (7 -0) to recommend approval to the Town Council with a prohibition of specific incompatible uses. Staff held a public meeting with the surrounding neighborhood at the Heritage Highlands Golf and Country Club on September 18, 2003. During that meeting the neighborhood identified several uses, in addition to the Planning Commission's recommended use prohibitions, that were not compatible. These additional use prohibitions are acceptable to the property owners and to Town staff, and have been included as conditions of zoning. The "MU -1" Zone development standards will regulate all future development and uses. The purpose of the "MU -1" is to allow limited commercial and industrial development where appropriate, with suitable buffers to establish compatibility. Staff finds the recommended permitted, accessory, and conditional uses, as promulgated through the "MU- I" zoning district, to be consistent with the historical development of the area and compatible with existing and anticipated development in the area. Staff has advertised this public hearing and adjacent property owners within 300 feet of the subject properties were notified. Staff has not been contacted by any concerned citizens since the public meeting held in September. Recommended Conditions of Approval: 1. No approval, permit, or authorization of the Town of Marana relieves the applicant and or landowner from the responsibility to ensure compliance with all applicable federal and state laws and regulations, including the Endangered Species Act and the Clean Water Act. 2. No further lot split, land division, and or subdivision of land shall occur without the approval of the Town. 3. No lot, legally existing prior to the adoption of this ordinance, nor any lot legally created subsequent to the adoption of this ordinance, shall be allowed to. have or shall conduct more than a single use, as permitted or conditionally permitted by this ordinance. 4. The following uses, otherwise permitted outright in the "MU -1" (Mixed Use Zone) zoning district, are hereby expressly prohibited relevant to any development of the subject 10 acres subsequent to the adoption of this ordinance: A. Kennels. B. Aviaries. C. Blacksmith shop. D. Crop production. E. Grazing and raising of livestock. F. Raising and marketing of poultry, rabbits, and small animals. G. Sale stands for the sale of agricultural and horticultural products produced or grown on the premises. H. Trucking operations and yards. 5. The following conditional uses, otherwise permitted conditionally, subject to special approval procedures, in the "MU -1" (Mixed Use Zone) zoning district, are hereby expressly prohibited relevant to any development of the subject 10 acres subsequent to the adoption of this ordinance: A. Additional building heights. B. Apiaries. C. Commercial riding stables and boarding stables. D. Lighted game courts. E. Manufacturing. F. Processing and assembly. G. Restaurants. H. Public or private rodeo facilities. I. Sexually oriented businesses. J. Warehouse facilities. RECOMMENDATION: The Planning Commission and Staff recommend that the Town Council approve Ordinance No. 2003.26 - the Widger, Northwest Fire District, and Northwest Holdings, Inc. Rezone - as presented. SUGGESTED MOTION: I move to approve Ordinance No. 2003.26 with the recommended conditions. Planning /SharedFiles/TCReports /03 j f /JS MARANA ORDINANCE NO. 2003.26 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, APPROVING A REZONE INITIATED BY THE TOWN OF MARANA TO REZONE APPROXIMATELY 10 ACRES OF LAND LOCATED NORTH OF MOORE ROAD, WEST OF TORTOLITA ROAD, IN A PORTION OF SECTION 26, TOWNSHIP 11 SOUTH, RANGE 12 EAST, FROM "C" (LARGE LOT ZONE) TO ZONE "MU -1" (MIXED USE ZONE). WHEREAS, Ted and Kathy Widger, the Northwest Fire District, and Northwest Holdings, Inc. are the owners of three parcels of land consisting of approximately 10 acres in total, generally located north of Moore Road and west of Tortolita Road within Section 26, Township 11 South, Range 12 East, as depicted on Exhibit "A ", attached hereto and incorporated herein by this reference; and WHEREAS, the Marana Planning Commission held a public hearing July 30, 2003 and voted 7 -0 to recommend that the Town Council approve said rezone, adopting the recommended conditions; and WHEREAS, the Town of Marana Planning Department held a public involvement meeting September 18, 2003 at the Heritage Highlands Golf and Country Club to elicit public commentary and provide information related to the rezoning; and WHEREAS, the Marana Town Council heard from the property owners, staff and members of the public at the regular Town Council meeting held November 4, 2003 and has determined that the rezoning is in conformity with the General Plan and should be approved, subject to conditions. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1. The zoning of approximately 10 acres located within Section 26, Township 11 South, Range 12 East, north of Moore Road and west of Tortolita Road (the "Rezoning Area "), is hereby changed from Zone "C" (Large Lot Zone) to Zone "MU -1" (Mixed Use Zone). Section 2. The purpose of this rezoning is to allow the use of the Rezoning Area for a variety of rural commercial uses, subject to the following conditions, the violation of which shall be treated in the same manner as a violation of the Town of Marana Land Development Code (but which shall not cause a reversion of this rezoning ordinance): 1. No approval, permit, or authorization of the Town of Marana authorizes the applicant and or landowner to violate any applicable federal or state laws or Marana Ordinance No_ 2003.26 Page 1 of 3 regulations, or relieves the applicant and or landowner from the responsibility to ensure compliance with all applicable federal and state laws and regulations, including the Endangered Species Act and the Clean Water Act. 2. No further lot split, land division, and or subdivision of land shall occur without the approval of the Town. 3. No lot, legally existing prior to the adoption of this ordinance, nor any lot legally created subsequent to the adoption of this ordinance, shall be allowed to have or shall conduct more than a single use, as permitted or conditionally permitted by this ordinance. 4. The following uses, otherwise permitted outright in the "MU -1" (Mixed Use Zone) zoning district, are hereby expressly prohibited relevant to any development of the subject 10 acres subsequent to the adoption of this ordinance: A. Kennels. B. Aviaries. C. Blacksmith shop. D. Crop production. E. Grazing and raising of livestock. F. Raising and marketing of poultry, rabbits, and small animals. G. Sale stands for the sale of agricultural and horticultural products produced or grown on the premises. H. Trucking operations and yards. 5. The following conditional uses, otherwise permitted conditionally, subject to special approval procedures, in the "MU -1" (Mixed Use Zone) zoning district, are hereby expressly prohibited relevant to any development of the subject 10 acres subsequent to the adoption of this ordinance: A. Additional building heights. B. Apiaries. C. Commercial riding stables and boarding stables. D. Lighted game courts. E. Manufacturing. F. Processing and assembly. G. Restaurants. H. Public or private rodeo facilities. I. Sexually oriented businesses. J. Warehouse facilities. Marana Ordinance No. 2003.26 Page 2 of 3 Section 3. All Ordinances, Resolutions and Motions and parts of Ordinances, Resolutions, and Motions of the Marana Town Council in conflict with the provisions of this Ordinance are hereby repealed, effective as of the effective date of Ordinance No. 2003.26. Section 4: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 4 th day of November, 2003. Mayor BOBBY SUTTON, JR. ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Maram Ordinance No. 2003.26 Page 3 of 3 EXHIBIT `A' A part of Section 26, Township 11 South, Range 12 East, Gila and Salt River Base and Meridian, Puna County, Arizona described as follows: Beginning at the Southeast Corner of the Southeast Quarter of the Northeast Quarter of the Southeast Quarter of Section 26, Township 11 South, Range 12 East, Gila and Salt River Base and Meridian, Pima County, Arizona, said Corner being N 00 deg 03 min 01 sec W 1313.66 ft from the Southeast Corner of said Section 26; Thence S 89 deg 25 min 30 sec W along the South line of said Southeast Quarter 662.36 ft to the Southwest Corner of said Southeast Quarter; Thence N 00 deg 03 min 09 sec E along the West line of said Southeast Quarter 658.40 ft to the Northwest Corner of said Southeast Quarter; Thence N 89 deg 33 min 40 sec E along the North line of said Southeast Quarter 662.37 ft to the Northeast Corner of said Southeast Quarter; Thence S 00 "deg 03 min 01 sec E along the East line of said Southeast Quarter 656.83 ft to the Southeast Corner of said Southeast Quarter, The Point of Beginning. Containing 9.999 acres. WIDGER, NW FIRE DISTRICT, Sam AND NW HOLDINGS REZO ARANA MARANA CASE NUMBER: PCZ- TOWN OF MARANA law SUBJECT PROPERTIES I =OE I k __1= 11111 _ �, • �� / �,1� /// ' � � � ■� _ J ♦'� i� _ ` � ♦��� II - �71�II t� ��Iia� Q,�`I!�!� �II�'ar ���t�'i ■��I�ii ���.�qpt► �= :.i/ " ��i ��/ i ��� �� m A NNE , �:� Mil Moore Rd. """ r-�•�� o III\ //� ♦ ��� �\ ♦ � , •: � p•� �� � � tlllllllll ►/I •�� � alllA� /II% i� �i�f, ✓��I�11�i � �� �. �r ICI ♦I f� eunnlr��i i ►b i� ��� ��`� ��. IIIIIIL4ala ��� ��.� Illlnuunua('��� ®■ ,,,, �I/utL /Itll11 i /��� � /`'I�LIo.iU11� /1�11111� / � O �� �Iltlllll / /fllp� /�Iti1111�11f111f1 /11�111�II1 � �� IIIIIIIIUnut 1!11/1 /// / �jillUiut�l� !`�� \ \ \1111 ► \,NI t�����V�iiii;! � ih► gz fill c !IUIIII► CD • s�� iiiinml c t= pJ= � t� • 11 1 700 1400 Feet _ T an gerine • REQUEST A REQUEST BY THE TOWN OF MARANA TO INITIATE A CHANGE IN ZONING ON 10 ACRES FROM "C" (LARGE LOT ZONE) TO vim U-i" (MIXED USE • • �• SECTI WEST SIDE OF TORTOLITA ROAD, NORTH OF MOORE ROAD, WITHIN • SO UTH, RANGE 12 EAST. TOWN TOWN COUNCIL OF MEETING MARANA INFORMATION DATE: November 4, 2003 AGENDA ITEM: IX. B. 3 TO: Mayor and Council FROM: Dick Gear, Community and Economic Development Director SUBJECT: Public Hearing on the Saguaro Ranch East Annexation - Consideration of the Town of Marana's desire to annex approximately 422 acres adjacent to the Town of Marana's border in portions of Sections 17 and 20, T11S, R13E. The parcels within this annexation area are on the east side of the Tortolita Mountains and north of Tangerine Road. This annexation is the third to occur within the Saguaro Ranch project area. DISCUSSION: Pursuant to filing a blank petition with the Pima County Recorder's Office, this Public Hearing is mandated by State Statutes to be held within thirty days following such filing. All owners of real and personal property within the annexation area have been notified of this hearing, and have been given the opportunity to address the Mayor and Council with their concurrence or objections to this annexation. This annexation will bring into the Town acreage to be developed into large lot residences with extensive tracts of undisturbed land which will help to maintain this beautiful desert environment. This is the third annexation within the Saguaro Ranch project area. The Saguaro Ranch area is broken into three discrete annexations, two of which earlier passed through the annexation process. This particular annexation is the eastern block comprised of approximately 422 acres within Sections 17 and 20. RECOMMENDATION: No action is required — Public Hearing. SUGGESTED MOTIONS: No action is required. ADMIN/SRG/10/29/2003 LEGAL DESCRIPTION TOWN OF MARANA ANNEXATION SAGUARO RANCH EAST PARCEL AND THE PEARCY PROPERTY All that portion of the East Y2 of Section 17 and the East "A of Section 20, Township 11 South, Range 13 East, Glla and Saft River Meridian, Pima County, Arizona more particularly described as follows: COMMENCING at the Northeast comer of said Section 20, said point being the POINT OF'BEGINNING; Thence S 01 0 08'42" W a distance 2235.13 feet along the East line of said Section 20; Thence N 81 0 3639" W a distance of 186.92 feet: Thence S 54 0 30'47' W a distance of 139.31 feet; Thence S 14 0 32'27" E a distance of 363.39 feet to a point on the East -West midline of said Section 20; Thence S 89 0 44'13' W along the East -West midline of said Section 20 a distance of 1263.58 feet; Thence N 11 0 00'00" W a distance of 266.75 feet; Thence N 31 °59'00" W a distance of 327.00 feet; Thence N 13 °0600" W a distance of 194.00 feet; Thence N 44 0 56'00" W a distance of 130.40 feet; Thence S 89 0 40'39' W a distance of 401.86 feet; Thence S 41 °33'19" W a distance of 118.78 feet; Thence N 60 0 26'37' W a distance of 399.25 feet to a point on the North -South midline of said Section 20; Thence N 00 °00'20 ".W along the.North -South midline of said Section 20 a distance of 1320.43 feet to the South % comer of said Section 17; Thence S 89 13 40'15" W along the South fine of said Section 17 a distance of 1060.23 feet; My�Dvs WMJ Z d 96£5100955 'ON /R: t 1 '1S /Ot t t £DOZ ! 0 1 MI) h�Nta Thence N 00 0 01'26" E a distance of 1643.87 feet; Thence N 89 °38'32" E a distance of 1060.34 feet to a point on the North -South midline of said Section 17; Thence N 00 0 00'33" E along the North -South midline of said Section 17 a distance of 2971.03 feet; Thence N 00 0 01'01" E continuing along the North -South midline of said Section 17 a distance of 659.50 feet to the North % comer of said Section 17; Thence N 89 0 43'55" E along the North line of said Section 17 a distance of 1321.04 feet; Thence S 00 0 02'00" E a distance of 2636.87 feet to a point on the East -West midline of said Section 17 Thence N 89 0 4346" E along the East-West midline, a distance of 1323.18 feet to the East % comer of said Section 17; Thence S 01 °12'31' E along the east litre of said Section 17 a distance of '1320.14 feet; Thence S 01 °13'19" E along the east line of said Section 17 a distance of 1320.25 feet to the POINT OF BEGINNING. Containing 18,393,536.685 Sq. Ft. or 422.26 Acres more or less. 0 4 29869 y 9 o RICHARD D. o DARLING 40 y �gro�o� £ d 96£9fi00955 'Oh /6£ tr l '1SJOt tr l £OOZ L 01(3(11) HONt�ti ON�(19NS UIOb� EXHIBIT SAGUARO RANCH EAST PARCEL & THE PEARCY PROPERTY PORTIONS OF SECTIONS 17 & 20, TOWNSHIP 11 SOUTH. RANGE 13 EAST GILA AND SALT RIVER MERIDIAN PIMA COUNTY. ARIZONA TOWN OF MARANA - 1 1 28869 ° • 1 R CHARD D. p 1 c DARLING 1 � ' 1 ebN 18 �� i L._._ —; 16 i POINT OF i BEGINNING Ln h 0 1 C ° � 21 M � 19 1 1 1 1" =2000' � 1 o Z� S� wl O N ti� I1 � dd 30 ��� 29 28 �5 DMILIN LEGEND MM. e,a,r ENVIRONMENTAL Bc SURVCY)NQ, lT t]. UML aaca RscCUTnc rwiuc *M N. MD6e AB. S.rt[ '74 * ninow w2 • ii+ 1 G AREA TO DE ANNEXED zoas +ss • rwx.ixa zwcs +&+ \ V EXISTING TOWN U111TS DATE June 17, 2003 t d 96E9fi00955 Oh; cs:l l '1S /Ot:tl £DOG HOW h�t� OeF(l�S U�ON�