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HomeMy WebLinkAboutCouncil Agenda Packet 06/15/2004TOWN OF MARANA, ARIZONA COUNCIL MEETING AGENDA 13251 N. Lon Adams Road June 15, 2004 - 7:00 p.m. Mayor Vice Mayor Council Member Council Member Council Member Council Member Council Member Town Manager Bobby Sutton, Jr. Herb Kal Jim Blake Patti Comerford Tim Escobedo Ed Honea Carol McGorray 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 un issues other than Announcements, Petitions & Comments, and Public Hearings. Ali persons attending the Council Meeting, whether speaking to the Council or not, are expected to observe the Council Rules, as well as the rules of politeness, propriety, decorum and good conduct. Any person interfering with the meeting in any way, or acting rudely or loudly will be removed from the meeting and will not be allowed to return. To better serve the citizens of Marana and others attending our meetings, the Council Chamber is wheelchair and handicapped accessible. Any person who, by reason of any disability, is in need of special services as a result of their disability, such as assistive listening devices, agenda materials printed in Braille or large print, a signer for the hearing impaired, etc, will be accommodated. Such special services are available upon prior request, at least ten (10) working days prior to the Council Meeting. For a copy of this agenda or questions about the Council Meetings, special services, or procedures, please contact Jocelyn C. Bronson, Town Clerk, at 682-3401, Monday through Friday from 8:00 a.m. to 5:00 p.m. ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA. Amended agenda items appear in italics. Posted no later than June 11, 2004 by 7:00 o'clock p.m., at the Marana Town Hall and at www.marana.com under Town Clerk, Minutes and Agendas. TOWN OF MARANA, ARIZONA COUNCIL MEETING AGENDA 13251 N. Lon Adams Road June 15, 2004 - 7:00 p.m. [] I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. INVOCATION/MOMENT OF SILENCE IV. ROLL CALL V. APPROVAL OF AGENDA VI. ACCEPTANCE OF MINUTES Minutes of June 1, 2004 Council Meeting VII. VIII. IX. CALL TO THE PUBLIC ~ ANNOUNCEMENTS ~ INTRODUCTIONS ~ UPCOMING EVENTS At this time, any member of the public is allowed to address the Town Council on any issue not already on tonight's agenda. The speaker may have up to three (3) minutes to speak. Any persons wishing to address the Council must complete a speaker card (located at the rear of the Council chambers) and deliver it to the Town Clerk prior to this agenda item being called. Pursuant to the Arizona Open Meeting Law, at the conclusion of Call to the Public, individual members of the Council may respond to criticism made by those who have addressed the Council, may ask staff to review the matter, or may ask that the matter be placed on a future agenda. STAFF REPORTS GENERAL ORDER OF BUSINESS A. CONSENT AGENDA The consent agenda contains agenda items requiring action by the Council which are generally routine items not requiring council discussion. A single motion will approve all items on the consent agenda, including any resolutions or ordinances. A Council Member may remove any issue from the consent agenda, and that issue will be discussed and voted upon separately, immediately following the consent agenda. 1. Resolution No. 2004-56: Relating to Subdivisions; approving a final plat resubdivision for Continental Ranch Retail Center (Kevin Kish) 2. Resolution No. 2004-57: Relating to Subdivisions; approving a final plat for Sky Ranch inciuding Lots 1-365 (Kevin Kish) 2 TOWN OF MARANA, ARIZONA COUNCIL MEETING AGENDA 13251 N. Lon Adams Road June 15, 2004 - 7:00 p.m. Resolution No. 2004.75: Relating to Water Service; Approving and authorizing the execution of the Agreement between the Town of Marana and M & I Bank for Construction of Water Facilities Under Private Contract (Brad DeSpain) Resolution No. 2004-76: Relating to Water Service; approving and authorizing the execution of the Agreement between the Town of Marana and Rancho Chimayo, L.L.C. and Paul R. Horowitz for Water Line Extension Construction (Brad DeSpain) 5. Resolution No. 2004-74: Relating to the Police Department; authorizing application for undercover vehicle registrations (Richard Vidaurri) Resolution No. 2004- 78: Relating to Water Service; approving and authorizing the execution of the Agreement between the Town of Marana and U S Home for Construction of Water Facilities Under Private Contract for Gladden Farms Block 5 (Brad DeSpain) Resolution No. 2004-79: Relating to Water Service; approving and authorizing the execution of the Agreement between the Town of Marana and Canoa Development Inc. for Construction of Water Facilities Under Private Contract for Continental Reserve Block 16B (Brad DeSpain) Resolution No. 2004-80: Relating to Water Service; approving and authorizing the execution of the Agreement between the Town of Marana and Pima Aviation, Inc. for Construction of Water Facilities Under Private Contract for Marana Regional Airport T Hangars (Brad DeSpain) Resolution No. 2004-81: Relating to Development; releasing the Assurance Agreement for Quail Crossing II, Trust No. 4699, and accepting Public Improvements for Maintenance (Jim DeGrood) 10. Resolution No. 2004-82: Relating to Development; releasing the Assurance Agreement for Hartman Ten, Trust No. 60,013, and accepting Public Improvements for maintenance (Jim DeGrood) 11. Resolution No. 2004-83: Relating to Traffic Safety; approving the submission of projects for consideration in Arizona's 2004 Governor's Office of Highway Safety (GOHS) (Monica Moxley) 12. Resolution No. 2004-77: Relating to Economic Development; authorizing a first amendment to the contract for services between the Town of Marana and the Marana Chamber of Commerce (Frank Cassidy) B. COUNCIL ACTION 1. PUBLIC HEARING. Resolution No. 2004-85: Relating to Budget; adopting the Fiscal 2004-2005 Final Budget (Roy Cuaron) 3 + TOWN OF MARANA, ARIZONA COUNCIL MEETING AGENDA 13251 N. Lon Adams Road June 15, 2004 - 7:00 p.m. PUBLIC HEARING: Ordinance No. 2004.09: Relating to a Rezoning; reviewing and adopting an ordinance for the rezoning known as the Ina/Sllverbeil Rezoning (Kevin Klsh) Resolution No. 2004-86: Relating to Development; approving and authorizing the execution of a development agreement with Exeter LXI, LLC, regarding the Sky Ranch development project (Frank Cassidy) Resolution No. 2004-84: Relating to Water Service; approving and authorizing the 2004 Update of the Town of Maruna Potable Water Master Plan (Brad DeSpain) Executive Session pursuant to A.ILS. Section 38-431.03 (A) (4) to discuss and consult with the Town's attorney and to consider the Town's position and instruct the Town's attorney concerning Drake v. Town ofMarana, Pima County Superior Court No. C20042039, regarding the Camino de OesteJCortaro Road annexation (Frank Cassidy) 6. Action on Executive Session (Mayor Sutton) C. MAYOR AND COUNCIL'S REPORT D. MANAGERS' REPORT FUTURE AGENDA ITEMS ADJOURNMENT Bobby Sutton, Jr., Mayor 4 MINUTES OF REGULAR COUNCIL MEETING MARANA MIDDLE SCHOOL JUNE 1, 2004 PLACE AND DATE Marana Town Hall, June 1, 2004 I. CALL TO ORDER By Mayor Sutton at 7:00 p.m. II. PLEDGE OF ALLEGIANCE Led by Mayor Sutton III. INVOCATION/MOMENT OF SILENCE Mayor Sutton asked that Council Member Comerford be remembered in everyone's thoughts and prayers as she recovered from a recent surgery. The Mayor also asked that the men and women of the United States Armed Forces be remembered as well. IV. ROLL CALL COUNCIL Bobby Sutton, Jr. Mayor Present Herb Kai Vice Mayor Present Jim Blake Council Member Present Patti Comerford Council Member Excused Tim Escobedo Council Member Present Ed Honea Council Member Present Carol McGorray Council Member Present STAFF Mike Reuwsaat Town Manager Present Jaret Barr i Interim Development Services Admin. Present Frank Cassidy Town Attorney Present Jocelyn Bronson Town Clerk Present Jim DeGrood Executive Asst. to the Town Manager Present Jane Howell Human Resources Director Present Charlie Mangum Airport Manager Present Roy Cuaron Finance Director Present Attached is a list of public attendees. 1 e MINUTES OF REGULAR COUNCIL MEETING MARANA MIDDLE SCHOOL JUNE 1, 2004 V. APPROVAL OF AGENDA Upon motion by Council Member Escobedo, seconded by Council Member McGorray, the agenda was unanimously approved. VI. ACCEPTANCE OF MINUTES Upon motion by Council Member McGorray, seconded by Council Member Honea, the May 18, 2004 Council meeting minutes were unanimously approved. VII. CALL TO THE PUBLICIANNOUNCEMENTS Council Member Escobedo recognized the first group of young people involved with the Marana Teen Advisory Council (MTAC) who were present in the audience. He said that plenty of hard work had gone into the formation of the MTAC group and he credited the Marana High School staff as well as the Town staff for their contributions. He asked that Mike Brummett, MTAC Advisor, introduce the youth to the Council and that the MTAC members be sworn in by the Town Clerk. Mr. Brummett introduced the MTAC members, Kate Conway, Jenny McDaneld, Corey Larriva, and Michael Marshall. Council Member Escobedo explained that this group was the initial MTAC group and that the committee's bylaws called for a minimum of 20 members, one Mayor, one Vice Mayor, 5 Council members, and 13 staff members. Mayor Sutton welcomed the young adults and commended them on their community interest. He said that he hoped the teens had fun as well as learned from the experience. He noted that their MTAC participation should not be taken lightly as their group's opinions and decisions would hold a great deal of authority with the Town. He encouraged the teens to contact any of the Council members or Town staff if they needed advice or had questions. Ms. Bronson administered the loyalty oath to the four MTAC members. Ms. Howell presented the Mayor and Council with a plaque recognizing the Town of Marana as one of the greater Tucson area's best workplaces for commuters. The acknowledgement and plaque were sent to the Town by the RideShare organization. 2 MINUTES OF REGULAR COUNCIL MEETING MARANA MIDDLE SCHOOL JUNE 1, 2004 Ed Stolmaker, Executive Director of the Marana Chamber of Commerce, reported that, following nine months of negotiations with the Arizona Department of Transportation (ADOT), the Marana tourism signs had been replaced on both sides of Interstate 10 at the Town's northern limits. He thanked the Town staff who assisted him in this long process. He stated his appreciation to other staff members who have been assisting him with the Government Affairs Economic Development Committee which meets monthly. Jay McCall, representing the Coalition on Transplantation and the Tucson chapter of Life Donor USA, challenged the Town Council and public on behalf of the City of Phoenix Mayor, Phil Gordon, to institute an educational program and campaign focusing on organ and tissue donation awareness. He reported that over 1,000 Arizonans were currently on a waiting list for life - saving organs. He commented that there were 85,000 on the national waiting list and that 17 died daily due to the lack of organ and tissue donations. He asked that Mayor Sutton accept Mayor Gordon's challenge and institute an educational program through the Town's Human Resources department. Mayor Sutton publicly accepted the challenge and went on the record stating that . he would become a donor himself to kick off the Marana program. Mayor Sutton said that he was proud to announce that a local soccer and baseball organization, Sombrero Peak Youth Sports, was recently chosen to represent Arizona in the Youth AAA USA, age 8 & under, World Series to be held in California. He said that this was exciting for him as he had been coaching with this organization for years. He noted that this was a very prestigious award and that Sombrero Peak Youth Sports had been the only team from Arizona chosen to participate in the tournament. VIII. STAFF REPORTS There were no questions regarding the staff reports. IX. GENERAL ORDER OF BUSINESS A. CONSENT AGENDA 1. Resolution No. 2004 -66 Relating to the Police Department; Approving and authorizing the execution of an Intergovernmental Agreement between Pima County and the Town of Marana Police Department, a member agency of the High Intensity Drug Trafficking Area program Drug Grant Agreement (H.I.D.T.A. XIV) (Richard Vidaurri) 3 MINUTES OF REGULAR COUNCIL MEETING MARANA MIDDLE SCHOOL JUNE 1, 2004 2. Resolution No. 2004 -69 Relating to the Police Department; Approving and authorizing the execution of an Intergovernmental Agreement between Pima County/Tucson Metropolitan Counter Narcotics Alliance (C.N.A.) and the Town of Marana Police Department, a member agency of the Counter Narcotics Alliance (C.N.A.) Program Drug Grant Agreement (Richard Vidaurri) 3. Resolution No. 2004 -70 Relating to the Police Department; Approving the submission of projects for consideration in Arizona's 2004 Highway Safety Plan (Richard Vidaurri 4. Resolution No. 2004 -67 Relating to Subdivisions; Approving a Final Plat for The Gallery Resort Parcel (Kevin Kish) 5. Resolution No. 2004 -72 Relating to Development; Approving the Notice of Amendment to General Notes on Gladden Farms Final Block Plat (Frank Cassidy) 6. Resolution No. 2004 -71 Relating Traffic; Approving and authorizing the Mayor to execute an Intergovernmental Agreement with Northwest Fire District for Reimbursement of Expenses relating to Opticom Traffic Signal Preempter Devices (Frank Cassidy) 7. Approval of the Marana Arts Council's Water Tank Enhancement Project (Mike Reuwsaat) Upon motion by Council Member Escobedo, seconded by Council Member McGorray, the consent agenda was unanimously approved. B. COUNCIL ACTION 1. Resolution No. 2004 -73 Relating to Boards and Commissions; Approving the appointment of Jon Post to the Planning & Zoning Commission (Mike Reuwsaat) Mr. Reuwsaat spoke before the Council regarding this item. He said that the proposed appointment of Jon Post to the Planning and Zoning Commission would fill a vacancy left by the recent resignation of Commissioner Trish Berg, who moved away from the Marana area. 4 MINUTES OF REGULAR COUNCIL MEETING MARANA MIDDLE SCHOOL JUNE 1, 2004 Upon motion by Vice Mayor Kai, seconded by Council Member Escobedo, the appointment of Jon Post to fill the vacancy on the Planning & Zoning Commission, with the term expiring on June 30, 2005, was unanimously approved. 2. PUBLIC HEARING: South Neighbors Annexation Relating to Annexation; Consideration of the Town of Marana's desire to annex approximately 28 acres in the vicinity of the Saguaro Ranch project. This property lies within Section 29, Township 11 South, Range 13 East, Gila and Salt River Meridian (Dick Gear) Mayor Sutton opened and closed the public hearing. There were no public speakers to come forward regarding this item. Mr. Barr spoke before the Council and said that this item was the third in a series of four annexations associated with the Saguaro Ranch project. He explained that, pursuant to A.R.S. § 9 -471, a blank petition was filed with the Pima County Recorder's office and that the public hearing was a mandatory part of the annexation process. There was no further discussion regarding this item. 3. Ordinance No. 2004.13 Relating to the Airport; Amending the official name to " Marana Regional Airport," and amending all references in Chapter 15 of the Marana Town Code accordingly (Charlie Mangum) Mr. Mangum addressed the Council and explained that this item would amend the official name of the Town's airport from Marana Northwest Regional Airport to Marana Regional Airport. He said that the new name would allow for a more accurate depiction of the airport's location and for a better marketing campaign to its target. He noted that all of the airport businesses and many of the tenants supported the proposed name change. Mayor Sutton asked if the call sign for the airport would change because of this name amendment. Mr. Mangum replied no and explained that the call sign remained "AVQ" which originated from prior Pima County ownership when it was called the Avra Valley Airport. He pointed out that the call sign would eventually be changed to "MRA" which was currently available. 5 MINUTES OF REGULAR COUNCIL MEETING MARANA MIDDLE SCHOOL JUNE 1, 2004 Upon motion by Council Member Honea, seconded by Council Member Blake, Ordinance No. 2004.13 was unanimously approved. 4. Presentation/Discussion Relating to Finance; Adoption of the Fiscal 2005 Tentative Budget (Roy Cuaron) Mr. Cuaron presented this item before the Council. He gave a brief explanation of the tentative budget and noted that there was an approximate $200,000 increase to the figures previously presented before Council which primarily related to provisions increasing the entry level wages of police officers and the underestimation of a CIP project. He remarked that this agenda item was the first of two formal steps required by Council to approve the Fiscal 2005 Budget. He recommended approval of the $89, 573,243.00 tentative budget. Mr. Reuwsaat commented that, although this was a high figure, 72% of the requested monies were related to CIP projects or infrastructure improvements for the community. He pointed out that the proposed figure left only 28% for ongoing operational costs. Mayor Sutton remarked that Marana had always prided itself in insuring y Yp g that conservative estimates were made regarding the budgets and that these figures were never surpassed. He listed some of the projects that many people would not be aware of that were included in the budget projections. He mentioned such proposals as $13.3M for roadway capacity improvements, $8.6M for Cortaro Road improvements east of I -10, $6.6M for Silverbell Road improvements from Cortaro Road to Ina Road, $6M for the Tangerine Road connection from Adonis to Tangerine, $2.5M for the Twin Peaks Interchange, $4.2M for runway capacity improvements at the airport, $3.5M for new park design construction including the Santa Cruz River Trail system and the Continental Ranch District Park. He commended Mr. Cuaron and the other department heads for their diligence in adhering to all of the constraints imposed during the budget process. Council Member Honea commented that the $89M budget figure was merely a ceiling on the expenditures that the Town would be held to under the State law. He said that the Town had never spent its full budget capacity but that the proposed tentative budget gave the Town the ability to appropriate funding if new ventures arose during the fiscal year. 6 MINUTES OF REGULAR COUNCIL MEETING MARANA MIDDLE SCHOOL NNE 1, 2004 Upon motion by Council Member Honea, seconded by Mayor Sutton, the adoption of the Fiscal 2004 -2005 Tentative Budget was unanimously approved. 5. State Legislative Issues - Discussion/Direction/Action regarding all pending bills before the Legislature (Mike Reuwsaat) Michael Racy addressed the Council regarding State legislative issues. He said that the recent Legislative session was unprecedented in that a group of moderate House representatives had banded together to endorse the moderate Senate budget proposal. He said that the coalition had managed to restore a great deal of funding to the Senate budget proposal. He said that, earlier in the year, the House leadership had threatened to pass a budget which was $100M lower than last year's budget, even with all of the mandated spending increases, growth and population, and other required services of the State. He pointed out that this would have been close to a half billion dollar reduction in overall State spending. He remarked that there were many critical programs supported by numerous Legislature members as well as business community representatives and the State citizens as important priorities and this feeling was communicated. He said that the group supported the Governor's proposal for all day kindergarten funding and, even more importantly for Marana, reinstated funding for a number of critically important programs in southern Arizona. He pointed out that the most important for this community was that funding was 100% restored to the Airport Improvement Program, thus eliminating the 50% diversion that had taken place since the late 1990s. He commented that many were skeptical that this feat could be accomplished because of the State's tight budget. He added that everyone was shocked when Governor Napolitano recommended reinstating the airport legislation and when the Senate held firm with the Joint Legislative Budget Committee by continuing to reinstate funding to the Airport Improvement Program. He said that the moderate House coalition insisted that this funding be part of the final budget resolution. He noted that this action had restored $7M per year to the Airport Improvement Program. He continued his report by mentioning other programs of interest to southern Arizona in general, including the fact that the University of Arizona had been singled out in the Senate budget for cuts but the funding was fully restored in the House of Representatives. He related that community colleges statewide were originally funded at 70% of their statutory funding formula but that the House amendments restored the monies to 100% which would have a profound impact on Pima Community College. 7 MINUTES OF REGULAR COUNCIL MEETING MARANA MIDDLE SCHOOL JUNE 1, 2004 Mr. Racy continued by saying that this had been the most amazing and unprecedented budget process for the State and one that was amazingly contentious on the House side. He said that the question of the day was what would happen with the House leadership next year. He reported that the Legislature would go back into special session the week of June 21St to deal with the State Trust Lands proposal. He said that he would meet with Town staff to discuss this issue before returning to Phoenix. He said that this proposal could also have profound impacts and benefits for what the Town of Marana was planning, particularly in view of the fact that the Town was surrounded on many sides with enormous amounts State Trust lands, including the entire Tortolita Fan area, the area around Dove Mountain, and the area surrounding the Marana Regional Airport. He said that this could all be dramatically influenced in a positive way if the proposal succeeded and was adopted by the State Legislature. He said that most of the legislative bills had worked substantially through the process although some had not completed the process before his last report. He offered to provide detailed information on any bill of particular interest to the Mayor and Council. He said that one disappointing bill, the Exempt Well bill, which had interested Brad DeSpain as well as the Southern Arizona Water Users Association, was ultimately held in committee and killed in the final minutes of the Session. He said that there were some very strong successes for the Town and that a bill which would have eliminated the Towri s ability to enter into any incentive agreements was defeated in the Senate with all attempts to bring it back failing. He concluded his report by commenting on the budget front, stating that the House Majority leadership had attempted to reverse its position on the 2 -year revenue sharing deal with cities and towns, which provided for sharing of sales taxes, He indicated that they tried to back away from the 14.8% number but that it was held and maintained by the moderate House coalition. Mayor Sutton commended Mr. Racy and Representative Steve Huffman on the hard work that went into the passage of the Regional Transportation Authority bill recently signed by Governor Napolitano. He said that this legislation allowed the Pima Association of Governments (PAG) to be the regional transportation authority and to study the funding mechanisms for providing true regional transportation in this area. He said that this was a major accomplishment for Marana. 8 MINUTES OF REGULAR COUNCIL MEETING MARANA MIDDLE SCHOOL JUNE 1, 2004 Mr. Racy remarked that the transportation bill was a significant bill that made it through but that now the real work began. He explained that the RTA legislation created an opportunity for this community to work together to establish a regional transportation solution. He said that he was hopeful this could be accomplished and he thanked the members of the delegation that assisted in getting the bill passed. Mr. Reuwsaat praised Mr. Racy on his work for the Town and, especially, on the Airport Improvement Program bill. He asked Mr. Mangum to elaborate on the impacts to the Town of this success. Mr. Mangum replied that if the Flight Property Tax had not been restored to its 100% funding level then the Town would have ended up with approximately $300,000 in State grants over the next fiscal year. He said that because of the Airport Improvement Program's passage the Town would receive over $1.2M which was the highest amount of any Arizona airport. He said that Mr. Racy had been a key figure in helping to restore the flight property tax and, on behalf of the Arizona Airports Association, he thanked Mr. Racy for those efforts. C. MAYOR AND COUNCIL'S REPORT Vice Mayor Kai reported on his attendance at a meeting in Phoenix related to the Colorado River water shortages which impact the Town. He said that the experts had said that they did not expect any shortages in the Colorado River until 2011 and that they were investigating conservation measures to be implemented now. He said that Colorado had a record snowfall in January and February but that a record heat had been experienced in March and April which caused the snows to melt prematurely. Council Member Honea announced that the Federal Emergency Management Agency (FEMA) map revisions associated with the Santa Cruz River Levee area were approved and that the 90 -day waiting period ended on September 16, 2004. He said that this would be very beneficial to developers such as Gladden Forest (sic) and to the Marana residents along the Santa Cruz who would be eligible for flood insurance refunds. A copy of the map and accompanying correspondence have been made a permanent part of this record. D. MANAGERS' REPORT 9 MINUTES OF REGULAR COUNCIL MEETING MARANA MIDDLE SCHOOL JUNE 1, 2004 X. FUTURE AGENDA ITEMS Mr. Reuwsaat said that staff would like to hold a Council workshop regarding roundabout traffic configurations. A study session was scheduled for 5:30 p.m. before the June 15, 2004 Council meeting. XI. ADJOURNMENT Upon motion by Council Member Escobedo, seconded by Council Member McGorray, approval to adjourn was unanimous. The time was 7:40 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on June 1, 2004. I further certify that a quorum was present. 10 Jocelyn Bronson, Town Clerk Transcribed but not read 10 STAFF REPORTS TO COUNCI'L Building Parks & Rec Town Clerk Planning Court Police Finance Public Works Human Resources Water PUBLIC WORKS STAFF REPORT June 2004 [Staff Rep<xt for ~e Capital Improvement Projects i The following are capital improvement projects in design. Ina Road Roadway ImDrovementa Ina Road Bddoe ImDrovementa-Bddfle ~ 1-10 to $11verlN)ll Road over the Santa Cruz RiVer ii ProjectsCapiml Improvementin Design 1-'; This project consists of roadway improve- This project consists of constructing a new ~ Capital Improvement merits including design and reconstruction bridge over the Santa Cruz River south of ~ Projects In to widen to four lanes with muitluse Janes, the existing bndge. Construction will also Construction median island, curb, curb and gutter and include rehabilitating the existing Grade sidewalk installation, drainage improve- Control Structure, extending the soil Compk)ted Projects ments, landscaping, signal modifications, cement/concrete floor protection to Traffic Engineering 7 artwork and street lighting. Project is 1.1 include the new bddge, reconstructing the Report miles in length, soil cement bank protection on the east Environmental and west side of the Santa Cruz River. Planning Projects The reconstruction of the bank protection determinedEst/mated construction #me: To be willpath.include provisions for a pedestrian ~ & C Statue: 404 Permit application has been Es~rnateclconstruction dine: To be submitted. First year of Pygmy Owl Survey determined has been completed. The Traffic Impact PUBLIC WORKS Analysis, Phase I Environmental Site Status: The bridge improvement plans, Assessment, Archaeology, the amended DCR, Bridge Selection Report, Bddge MISSION AND VALUES Bridge Inspection, Bridge Stability Analysis, Stability Analysis and the amended Bddge "/7~e Maraca Public FYorl~ Grade Control Stability Analysis, Bridge Inspection Report have been submitted to Del~mtment is committed to Selection, Location and Ge~echnical (for ADOT, Phoenix office, for their initial o pro~iclfeg quali~y service by Traffic Signals) reports are complete and review and comments. The 90 ~ plans are have been accepted; NPPO Plan has been expected to be submitted by the second cor~stent~y c[el~vering accepted and Draft Access Management quarter of 2004. The ACOE permit is maintaining reliable, s~fe Report is on hold at this point in time. ' expected to be complete by the second ~blicfacilitie~ with a Access Management acceptance letters quarter of 2004. proactive, r~pecO~l a~d have been received by the consultant from ethical work force." the abutting property owners. The Town had Our operatil~g values are: submitted 75% improvement plan comments · Satisfec~on to the consultant in December of 2003. Revisions have been submitted to the Town, · Respectful and the plans have been shelved. : · CommunicaUon · Reliable · Productive · Quality · Ethical · Consistency · Service , · Safety C · Integrity · Commitment June 2004 Capital Improvement Projects in Design (continued) Thornvdale Road ImorovemenfalOranue Grove Road To CDO Wash This project consists of reconstructing Thomydale Road from Orange Gwve to the CDO Wash along with the reconstruction/ widening of the approach roads; sidewalks, curb, curb and gutter, traffic signal modifications, drainage facilities, median islands, street lighting and art work. Esdmatad construction dme: To be determined Status'. The 90% improvement plans have Peen received and comments have bean ratumed to the Consultant. 100% plans are expected in the second quarter of 2004. The Phase I Envi- ronmental Site Assessment, Cultural Resources, Drainage and C-:-:-:-:-:-:-:-:-:~echnical (for traffic signals) Reports have previously been accepted. The reports will Pe updated to account for the new project limits as necessary. Santa Cruz River Shared Use Path. Phase I and II This project consists of the design and construction of a 14' wide paved asphalt path from Cortaro Road to Coachline Blvd. via the El Rio Park Development. Two pedestrian bddges provide major drainage crossings for the path. Phase I consists of building a shared use path Petwean Cortaro Road and Twin Peaks Road in the over bank and inter- mediate bank areas of the Santa Cruz River. Phase II consists of a continuation of the shared use path in Phase I from Twin Peaks to El Rio Park. Each phase is partially funded under ADO'Fs Transportation Enhancement Program. Construction will need to Pe completed such that the ADOT funds ara prop- erly tracked; however, design con Pe completed as a single project. Estimated construction time: Third Quarter of 2004 Status: The Environmental Determination (ED) has Peen accepted by ADOT. In late April 2003, the Town selected Castro Enginearing for the path design and Structural Grace for design of the pedestrian bridges. The 100% plans have been received and review is underway. The artistic concepts for the project have been presented and endorsed by the Mayor and Council, Marana Parks Committea, the Public Works Arts Project Committea, the Continental Ranch and Sunflower Homeowners Associations, an HOA public meeting, the Construction Committee and the Building Committee. End of construction is targeted for the fourth quarter of 2004. SIIverbell Road Imorovementa Cortero Road to Ina Road This project consists of reconstructing the roadway to four lanes with curb and gutter, multipurpose lanes and sidewalks, and providing for a continuous center turn lane, sanitary sewer system construction and intersection improvements at Ina/Silverbell, which includes a new traffic signal system. Estimated construction//me: Third Quarter of 2004 Status: Environmental, Biological, DCR, Geotechnicol Report, Pavement Design Summary, Archaeological and Drainage reports ara complete and have Peen accepted. The 404 Permit appticotion has been submitted to the Army Corps of Engineers (ACOE) and is expected to Pe complete within the second quarter of 2004. Third year of Pygmy Owl Survey has been completed. ACOE is still in the process of reviewing the plan as submitted by Old Pueblo. The Town is in receipt of the final Sanitary Sewer Basin Study and the study has been accepted by both the Town and PCWWM. The sanitary sewer plans have Peen reviewed by PCWWM and revisions ara Peing completed. Comments on the 90% plans have been completed and retumed to the Consultant for incorpo- ration into the 100% plans. 100% plans are expected to Pe completed by the second quarter of 2004. End of construction is expected to Pe complete by the third quarter of 2005. A public open house was held on January 15, 2004.. Town of Marana. Northwust Marana Town Center Duslan and Develoement Three projects are ongoing to master plan and estab- lish the layout, ambience and design standards of the Northwest Marana Town Center, Northwest Marana Town Center. Master Plan Prolect This project will provide Master Plen Services for further planning and conceptualization to set design and development standards to facilitate the urbaniza- tion of the Northwest Marana Town Dentar. Status: Durrant Group and McGann and Associates continua the master planning of the rest of Ora Mae Ham Distdct Park and the areas south of the park and Municipal Complex. The Town will work with land owners and developers for further use of the Town Center land. The Notice to Proceed should pe issued in the second quarter of 2004 following approval of the scope of work and contract negotiation. PUBLIC WORKS Pa~e 3 June 2004 Capital Improvements in Design {continued} Town of Marana Municipal ComDlex {Marana "MunlPtsx"l This project consists of the design and construction of a new Town Government Complex and will integrate the Muniplex and surrounding facilities with the Ora Mae Hem Park which will eventually abut a linear greenbelt park that will run from 1-10 to the Santa Cruz River. This linear perk will also serve ss a relief conduit for excess water from the Tortolita Mountain tan run off. Status: Dudng May, D.L. Withers, the CM, continued moment welds on the main structural steel for Building A (Administration Building), and erected steel over- hanging balconies and covered walkways on Buildings A, B (Police Building) and C (Courts). Extensive progress was made. Intedor metal studs for intedor walls and extedor cladding were extensively progressed on both 1't and 2r~ floors of Building B, and on Building C. Intedor drywall began on the intedor of Building B and sheetrock began on the extedor of Building C. Mechanical/electrical/plumbing (MEP) continued and was substantially progressed on the 2n~ floor in Building B, and in Building C. The first mechani- cal equipment in Building ^, air handling units, was sat this period. The cooling ~ver perimeter masonry walls were begun and completed during this pedod, and the masonry work for the electrical yard was completed; the emergency generator and the electric main breaker panels/switchgear were received and placed. The first stone cladding was set on the cimular seat walls from Building A to the streets, and also on the sally port of building B. A/V, Security, and TelData subcontract procurement is complete; FF&E procurement package was delayed A model of the project is located in the Town Hall for viewing. Northwest Marana Town Center. Roads. Infrastructure and Offslte ImDrovementa This project will design and construct the offsite utilities, roads, landscape, and other infrastructure and establish the layout of the main Town Center corridors. Status: During February, Conceptual Drawings for the ex- tension of Marana Main Street north of Gder Road ware received from WLB and are under review by Town staff. Excavation and installation of potable and non-potable water on Marana Main Street and Civic Center Ddve was substantially completed in March of 2004. During Apdl 2004, installation of joint utility trench and curbing along Marana began and will continue through May 2004. Substantial completion is targeted for the fourth quarter of 2004. DCR for Camlno de Manana/Dove Mountain Extension This project will involve the development of a Design Concept Report for the possible realignment of Camiao de Manana from its intersection with Linda Vista Boulevard to an align- ment with Dove Mountain Boulevard at Tangerine Road. Status: The Town has selected a consultant and a scoping meeting has been completed. The project is currently on hold. Moore Road ImDrovementa This project will involve the development of a Preliminary Design Report and subsequent final construction documents. The project consists of improvements to the driving surface and drainage crossings from Camino de Oeste to Thomydale Road. Status: The Notice to Proceed was given to the design consultant on October 23, 2003. The Draft Preliminary Design Report has been received and review is ongoing. The final construction package is expected in June 2004. The beginning of construction is yet to be determined. DCR/Deelen of Bamett Linear Park and Flood Control Pretact This project will involve the development of a Design Concept Report for the Barnett Linear Park and Flood Control Project. The project consists of utilizing the exisfing Barnett Roadway alignment for a major outlet channel/linear park from 1-10 to the Santa Cruz River. Status: The Town has selected a consultant end a scoping meeting has been held. The Notice t~ Proceed has been issued, completion of the DCR is expected in the first quarter of 2005. Page 4 pUBLIC WORKS June 2004 Capital Improvement Projects In Construction The following are capital improvement projects in construction. Unda Vista Boulevard This project consists of chip sealing approximately 3/4 mile of roadway from Camino de Manana east to approximately Hartman Lane. Status: The construction contract has been completed by Pima Paving, punch list work has been completed. Tanaedne Road. Breakers to Thornvdale Road Imorovementa This project consists of drainage improvements and repaving of portions of Tangerine Road. The Town has decided to pursue a maintenance oriented program for the road and Tetra Tech generated construction plans for advertisement. Status: Southern Arizona Paving began construction in November 2003 with Tetra Tech as the design engi- neer, performing construction administration for the Town. Construction was substantially completed in April 2004. A widening of the roadway section east and wast of Breakers is expected to be constructed in May. Taneerine Road/Thornvdale Road Intar~ectlon Imorovementa This project consists of roadway widening, intersection modifications and signalization, and drainage improvements. Status: Southern Adzona Paving has been awarded the construction contract. Construction began in April 2004. The design engineer, Tetra Tech, will perform construction administration and the construction is anticipated to con- tinue through October 2004. Page 5 PUBLIC WORKS June 2004 Completed Projects New Westbound Cortaro Road Bridge Over the Santa Cruz River: Completed March 2002 Cortaro Road Improvements, SIIverbell Road to I-t0: Completed February 2003 Wade Road: Completed February 2003 Continental Ranch Neighborhood Park: Completed February 2003 Coyote Trails Elementary School Park and Parking Lot Addition: Completed February 2003 Santa Cruz Corridor Trsll: Completed April 2003 Coatco Street Ughflng: Completed May 2003 Sandra Road Bus Tumaround: Completed June 2003 Emlgh Road Driveway at Marana High School: Completed June 2003 Cortaro Road Realignment: Completed July 2003 2003 Pavement Preservation: Completed July 2003 Coachllne Boulevard Sidewalks: ComPleted October 2003 El Rio Park: Completed January 2004 Twin Peaks and Scenic Drive Intersection Improvements: Completed May 2004 [ Cortaro Road Improvements ] P~e6 I Coyote Trails Elementary Park Continental Ranch Nei~hborhond Park PUBLIC WORKS Juae 2004 Cortaro Road Traffic Slanal Coordination Study In order to improve the traffic flow on Cortaro Road be- tween Siiverbeil Road and 1-10, a study has been con- ducted to determine how the progression of traffic be- tween those two points con be enhanced. Kimlay-Hom and Associates, in conjunction with ADOT, have reviewed the need to modify the signal phasing and timings at the Cortaro Rood/I-10 Frontage Roods Intersections. They will also be looking at the need to improve the coordination between the signals at Silvarbeil Rood, Adzona Pavilliona Drive, and at the 1-10 intersections. Now that the study has been completed, the installation of the new signal tim- ings will be coordinated with ADOT. It is expected that the new signal timings will result in a smoother and safer traf- fic flow along this heavily traveled section of Cortaro Road. Traffic Slenat at SIIvarbatl Rood,Wade Road Intersection A traffic signal study conducted at the Silverbell Road- Wade Rood intersection found that the installation of a traffic signal is warranted at that location. It is expected that the signal will be designed during this fiscal year and will be constructed next fiscal year. The signalization should make this a much safer intersection for motorists exiting Wade Road, pedestrians crossing Silverbell Road as wall as emergency vehicles entering the intersection from the Northwest Fire/Rescue District's station on Wade Rood. Our staff is currently reviewing the 90% signal plans. Traffic Slonal at Tanoedne Road- Dove Mountain Boulevard IntemecUon The Town is working together with a Dove Mountain developer to have a traffic signal installed at the Tangedna Road-Dove Mountain Boulevard intersection. At this time, the developer's signal designer is working on the 75% plans. It is expected that the signal design will be com- pleted within the next 60 days and that the traffic signal will be installed sometime during the Fiscol Year 2004- 2005. 4th of July Celebration Traffic Control Our staff is currently developing a traffic control plan for the Town's 4th of July celebration, The intent of the plan will be to facilitate the arrival and departure of the hun- drads of motorists who will be attending the festivities. We are working closely with the 4th of July Celebration Committee to ensure that our roadways ara properly signed and barricaded so that the route to and from the celebration will be clearly delineated and safe. Grant Prooeaal for Accident Database The Traffic Engineering Division has prepared a grant pro- posal to the Govemor's Office of Highway Safety to re- quest funding for the development of a baffic accident computer database. The purpose of the accident database is to provide a tool with which our staff will be able to re- trieve the accident information needed to effectively con- duct traffic engineering studies. At this time our staff has to spend much time reviewing large numbers of individual accident reports in order to perform their studies. With the database, wa will be able to quickly retrieve accident data according to date, time-of-day, location, type of accident, weather, severity of accident and other pennant informa- tion that will greatly enhance our ability to analyze acci- dent causes and recommend corrective measures. The sooner wa con complete our studies, the sooner that traf- fic safety improvements con be implemented. Safe Routes to School Proaqlm The Traffic Division has initiated a Safe Routes to School Program. The program's goal is to develop educational, engineering and enforcement tools with which to help pro- vide safe trips for elementary and middle school students on their way to and from school. The program will develop a documented process so that those immedlataly involved with the program (traffic engineering staff, police, school administration staff, teachers and parents) all understand the procedures and their respective roles in the process. Twin Peaks Elementary School has been chosen as a pilot school for the program. Regularly scheduled meet- ings of the Safe Routes to School Committee ara being held to develop a safe routes plan and an educational campaign for the school. The Committee included the school's pdncipel, the school's Police Resource Officer, the Marsna Unified School District Director of Operations and Monico Moxley of our staff. Traffic Safety Study On Ina Road West of I-t0 A comprehensive traffic sa;e[y study has recently been completed of the section of Ina Road between 1-10 and the Santa Cruz River Bddge. The study included the analysis of accident data for the last five years, as well as a review of the current traffic operations and existing traffic control devices in this area. The study found that although a moderate number of accidents have occuned on Ina Road in the area of the Circle K store and the driveways to various Pima County facilities, this section of Ina Road has not experienced a significont accident problem. In order to enhance the safety in this area, additional regula- troy and warning signs will be installed that should better alert motorists of the need to drive more prudently through this section. In addition, in our most recent monthly meet- ing with the Marana Police Dopertment, we requested that they closely monitor this location and provide an intensive speed enforcement effort. P~ge 7 PUBLIC WORKS June 2004 Environi iental Planning Projects Tros Rios del Notre This project is a cooperative effort between the City of Tucson Water Department, Pima County Flood Control District and the Town of Marena in conJunction with the United States Army Corps of Engineers. This purpose of this study is to evaluate approximately an eighteen mile stretch of the Santa Cruz River from Pdnce Road to Sanders Road for projects such as habitat restore- tion, water supply, flood control end recreation. Status: The Town of Marana has prepared a comment letter to the Army Corps of Engineers on the 50% Draft F4 Document. These comments will be submitted for inclusion into the F5 Document. The F4 conference is scheduled for November 18, 2003 in Phoenix. Santa Cruz Valley National Herltaos Area The vision of a National Heritage Area designation for the Santa Cruz Valley in southern Arizona is gaining momentum due to a convergence of local efforts to conserve natural resources and open spaces; to pre- serve hiatodc structures and archasologicel sites; to educate the public about the history and cultures of this region; to increase national recognition of the region; to develop hedtege tourism and bring other economic benefits to local communities; and to improve cultural ties across the U.S.-Mexico border. Status: The Town of Marana showed support of the application and designation of the Santa Cruz Valley Heritage Area by passing Resolution No. 2003-133 at the Town Council Meeting on October 21, 2003. Arizona Pollution Dtscharae Elimination Svetem This project wes initiated by a federal mandate in which Arizona Department of Environmental Quality (ADEQ) was given primacy. Six minimum control measures have been defined for compliance. The minimum control measures are as follows: 1. Public Education and Outreach 2. Public Involvement and Participation 3. Illicit Discharge Detection and Elimination 4. Construction Site Stormwater Runoff Control 5. Control of Post-construction Site Runoff 6. Pollution Prevention and Good Housekeeping Status: The Town of Marana has actively been working with PAG to get public involvement on a regional level. PAG is working with local jurisdiction on the development of an Outreach Connection web site. This site is being developed to enable weter educators in the Tucson region to share information about their outreach and education efforts. Pima Association of Govemrnents (PAG) and the University of Arizona's Sustainability of semi-Add Hydrol- ogy and Riparian Areas (SAHRA) ara working jointly on this effort. SAHRA has agreed to develop the web site, to host it on their site, and to provide technical support for the site. Each of the participants will update their informa- tion on a regular basis, so that the wet)sEe stays current and useable. PAG would coordinate the website users so that the site is maintained and so that new users are in- formed about the site. This webelte will focus on weter resources and weter quality outreach and education. The topic for the next Stormwater Working Group Meeting will be to develop a plan for regional outreach and decid- ing what activities to pursue. The funds from PAG's Fed- eral Highways Administration that may be used for this purpose must be spent before the end of June. Procedures are beginning to be development for resident concems, comments and requests for information. A scope of work has been developed for the mapping of the storm sewer system. Once the Town has an As- Needed Civil on board this scope of work will be given to the company for implementation. Page 8 PUBLIC WORKS TOWN OF MARANA MUNICIPAL WATER SYSTEM DEPARTMENT REPORT For: May 2004 UNREPAIRED LEAKS CAN BE COSTLY Date: June 8, 2004 MARANA TOWN OF MARANA TEAM WORK-- Is all staff working together in outstanding ways, with extraordinary cooperative effort to accomplish ordinary tasks TO: FROM: SUBJECT: DATE: Mayor Bobby Sutton, Jr. Town Council Mike Reuwsaat, Town Manager Water Department Staff May 2004 Department Report Update June 8, 2004 CUSTOMER INFORMATION 2411 7O 81 6O 40,875,373 53.01 78.36 Number of Customers Billed Number of Disconnects Number of New Connects Number of New Services with Meter Installation Total Gallons sold Acre feet pumped (non-trust wells) Picture Rocks, Happy Acres, Palo Verde, Airport, Sky Diving Center, Continental Reserve and Hartman Vistas Acrs-feet wholesale water purchased (trust wells) Marana, La Puerta, Oshrin, Falstaff, Honea, and Cortaro Ranch (325,851 gallons = acre foot) DALLY OPERATIONS 1. 199 Blue Stakes completed. 2. Installed new service lines in Oshrin Park and Picture Rocks systems. 3. Replaced a service line across Wade Road. 4. Inspected construction projects for Gladden Farms Blocks 11 & 12 and, Continental Reserve Blocks 17, 18 & 19. 5. Repaired a water leak in Warfield Circle. 6. Repaired and replaced the Airport well pump. Tied Marana Skydive and the Connie Group to the Fire Suppression System because the well failed. Both business's have been notified not to drink the tap water and are being supplied with bottled drinking water. WATER SERVICE AGREEMENTS BEING NEGOTIATED 1. Continental Reserve Block 16B. 2. San Lucas 3. Rancho Chimayo LLC - Line extension Picture Rocks System 4. Gladden Farms Block 5. 5. M & I Bank 6. Pima Aviation T Hangars. OTHER 1. Draft Effluent Agreement with Tucson Water is being negotiated. 2. Pilot water treatment of Picture Rocks system is installed and operating. Progressing well. 3. Non-potable system for North Marana design stages is complete, and is being presented to developers. 4. La Puerta well is in discussion with Cortaro-Marana Irrigation District. Possible trade, equipment well 36N for them. 5. Non-potable system and storage are in the discussion, and draft, design stage, for the east side of 1-10, from Tangerine Rd. to the Pinal County line. 6. Sunset Ranch Estates rate comparison in Progress. 7. Regional water supply organization being discussed. TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: June 15, 2004 AGENDA ITEM: IX. A. 1 TO: MAYOR AND COUNCIL FROM: Kevin Kish, Interim Planning Director SUBJECT: Resolution No. 2004-S6: Relating to Subdivisions; approving final plat resubdivision for Continental Ranch Retail Center. DISCUSSION This application is for the resubdivision of a portion of the final plat for Continental Ranch Retail Center on approximately 6.2 acres within the Continental Ranch Specific Plan, generally located southeast of Comaro Road and northeast of Arizona Pavilions Drive, Section,26, Township 12 South, Range 12 East. The Final Plat was approved by Town Council on October 1, 2002 and consisted of Lots 1-9 and Blocks 1-4. This resubdivision only affects lots 4-9 of the original subdivision. The current owners of these blocks are Bank of America, Southwest Value Partners IV Limited Partnership, Arizona Pavilions Development, PRSD and Buena Vista Plaza. The master developer, Arizona Pavilions, under the authorization of all of the property owners, is processing this plat in order to rocord all changes within one document. Some of these changes were done legally under separate instruments, however; without the recordation of this resubdivision the changes would not be easily referenced. The requested changes are minor in nature and only deal with the moving or eliminating lot lines. The lot layout as platted on the original final plat was not conducive to some of the developments that were interested in building in this center. Therefore, there was a need to redo some of the property boundaries. The changes to the lots are the following: %% Lot 4 and 5 was consolidated into only Lot 4 due to the two building retail center that was constructed as one development. · ~' Lot 6 was reduced in size due to Bank of America desiring a smaller piece of land. · :. Lot 7 was increased in size by taking in the remaining property from Lot 6. · :' Lot 8 was slightly increased in size due to Blockbuster needing a larger piece of land. · :' Lot 9 was decreased in size due to the increase in Lot 8. Staff has reviewed the requested changes and the plat meets the requirements of the underlying zonin. district. All applicable development standards are adhered to in this Final Plat. RECOMMENDATION Staff recommends approval of the Final Plat for the resubdivision of Lots 4 through 9 of the Continenta Ranch Retail Center, PRV-03098. SUGGESTED MOTION I move to approve Resolution No.2004-56. 061504 PRV-03098 Continental Ranch Retail Center Resubdivision Final Plat 05/20/04 MARANA RESOLUTION NO. 2004-56 RELATING TO SUBDIVISIONS; APPROVING A FINAL PLAT FOR THE RESUBDIVISION OF THE CONTINENTAL RANCH RETAIL CENTER WHEREAS, the Town of Marana approved and adopted the specific plan for the area known as Continental Ranch on April 5, 1988 (Ordinance No. 88.09), located within the corporate boundaries of the Town of Marana, Arizona; and WHEREAS, Bank of America, Southwest Value Partners IV Limited Partnership, Arizona Pavilions Development, PRSD and Buena Vista Plaza are the owner of approximately 6.2 acres within the Continental Ranch Retail Center boundary generally located in Section 26, Township 12 South, Range 12 East, southeast of Cortaro Road and northeast of Arizona Pavilions Drive; and WHEREAS, Arizona Pavilions LLC, on behalf of all of the owners, has applied to the Town of Marana for approval of a final plat for the resubdivision of lots 4-9 of the Continental Ranch Retail Center on approximately 6.2 acres, including lots 4 and 6 through 9; and WHEREAS, the Mayor and Council have considered the application at the regular Town Council meeting held June 15, 2004; and WHEREAS, the Mayor and Council have determined that the final plat for the resubdivision of Continental Ranch Retail Center meets all applicable requirements. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Final Plat for the resubdivision of lots 4-9 of the Continental Ranch Retail Center, submitted by Arizona Pavilions LLC, on behalf of all of the owners, located southeast of Cortaro Road and northeast of Arizona Pavilions Drive, in Section 26, Township 12 South, Range 12 East, is hereby approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 15TM day of June 2004. ATTEST: Mayor Bobby Sutton, Jr. Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Continental Ranch Retail Resubdivision Resolutions 2004-56.doc 2  Continental Ranch Retail Center Resubdivision , '"?~!~ ~/~A~Ar~A Lots 4-9 Final Plat c^$~ No. PRV-03'098F TOWS OF MARANA 200 0 200 400 REQUEST A request to resubdivide Lots 4-9 of the final plat for Continental ....~ Ranch Retail Center into Lots 4 & 6-9. Located west of the Codaro "~ Road and Arizona Pavilions intersection within section 26, T12S, R12E. i TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: June 15, 2004 AGENDA ITEM: TO: MAYOR AND COUNCIL FROM: Kevin Kish, Interim Planning Director SUBJECT: Resolution No. 2004-57: Relating to Subdivisions; approving a final plat for Sky Ranch. DISCUSSION This application is for a 365-unit single-family subdivision on 512.5 acres within the Skyranch Specific Plan, located south of Tangerine Road, between Camino de Oeste and Thornydale Road, and north of Camino Del Norte, Section 6, Township 12 South, Range 11 East. The Preliminary Plat was approved by Town Council on August 19, 2003. This project is a 365-1ot subdivision, including Block A and Parcel A, located at the southeast comer of Tangerine Road and Camino de Oeste. Parcel A is set aside for the purpose of developing an "education center" for the public, with a nature trail, and a small amphitheatre for lectures and demonstrations about the desert. Although the community will be gated, the gate is set in from the entrance to allow the public to use the Education Center. To promote compatibility with the surrounding properties, a 330' buffer area has been provided on the south end of the parcel. The project is designed so that graded portions will only disturb twenty percent of the gross acreage of the project. The developer has agreed to a custodial plan, approved by U.S. Fish and Wildlife, for the remaining eighty percent of the land. The custodial plan will address the transference and ownership of the protected lands to a custodial agency. U.S. Fish and Wildlife has also approved the Habitat Conservation Plan submitted by the developer. A Development Agreement addressing the Town's concems has been approved. Access to the lots on the west side of the project will be taken off of Camino de Manana. The ingress/egress for the southeast portion will be offof Thomydale Road. Both entrances will be gated and private. All roads within the plan will be private. Lelt turn bays shall be constructed for the project entrances. Left mm bays shall also be constructed for the intersection of Camino de Manana and Tangerine Road. Emergency access easements are located at the cul-de-sac of Adobe Village Drive and Moon Ranch drive, and connect to Camino Del Norte on the south boundary of the property and Camino de Oeste on the west. No parks will be provided on this site in keeping with the grading limitations. The site will remain a natural setting with passive recreation such as walking and wildlife observation. Block A, however will be the site ora public education center, with a nature trail, exhibits, and an amphitheater for lectures and demonstrations. 061504 Skyranch Final Plat 05/20/04 RECOMMENDATION Staff recommends approval of Resolution No. 2004-57, a Final Plat for Skyranch, PRV-02095. SUGGESTED MOTION move to approve Resolution No.2004-57. 061504 PRV-02095 Skyranch Final Plat.doc FJC:KK 3/29/04 MARANA RESOLUTION NO. 2004-57 RELATING TO SUBDIVISIONS; APPROVING A FINAL PLAT FOR SKY RANCH SUBDIVISION. WHEREAS, Stellar Homes Arizona, LLC is the owner of 512.5 acres within the Sky Ranch Specific Plan, generally located in Section 6, Township 12 South, Range 11 East, and has applied for approval ora final plat for 365 lots on 512.5 acres; and WHEREAS, the Marana Town Council has considered the project at the regular Town Council meeting, June 15, 2004 and has determined that the final plat for Sky Ranch satisfies all Town requirements and should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the final plat, submitted by Stellar Homes Arizona, LLC for a 365-1ot single family detached home subdivision on 512.5 acres located at the southeast comer of Tangerine Road and Camino de Oeste be approved. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 15th day of June 2004. Mayor Bobby Sutton, Jr. ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Resolution 2004-57 Skyranch Final Platdoc Skyranch 05/20/04 MARANA. TOWN OF TOWN OF MARANA PLANNING DEPARTMENT 13555 N. Sanders Road, Marana, Arizona 85653 APPLICATION FOR SUBDIVISION PLAT REVIEW Project Location: mhn',-ny~ n Property Location Description: SeCtion 6, T12S, R13E Assessor's Parcel Number and Legal Description: 224-13-0020, 224-13-004D, 224-33-004E, 224,13-004H, 224-13-004J, 224-13-004L, 224-13-004M, 224-13-0030 , Existing Use of Property: REQUEST: Preliminary Plat Final Plat Amended Plat Resubdivision Reversion To Acreage Acres: Unsubdivided Legal SUBDIVISION NAME: Skyranch PRESENT ZONING: GENERAL PLAN DESIGNATION: Specific Plan "F" attached) Applicants Interest: [] Own [] Lease [] in Escrow [] Option to Buy NameofApplicant: (Scott Stiteler) Stellar Homes Arizona LLC Applicant's Address: 5215 N. Sabino Canyon Road Contact Person: scott Stiteler Phone: Name of Property Owner: EXETER LXI LLC Address of Property Owner: Same Contact Person: Same 529-6644 FAX: 529-0200 Phone: FAX: Same Project PlannedEngineering Firm: Baker & Associates ~nglneerlng, ±nc. Firm's Address: 1636 N. Swan Road, Suite 200, Tucson, AZ 85712 Contact Person: william H. Baker, Jr. Phone: 318-1950 FAX: 31 8-1930 t, THE UNDERSIGNED, CERTIFY THAT ALL OF THE FACTS SET FORTH IN THIS APPLICATION ARE TRUE TO THE BEST OF MY KNOWLEDGE AND THAT I AM EITHER THE OWNER OF THE PROPERTY OR THAT I HAVE BEEN AUTHORIZED IN WRITING BY THE OWNER_TO FILE THIS APPLICATION AND CHECKLIST. Print Name of Applicant/Agent Signature Date H:\PLANNING\FORMS\DEVPKG\1997~FPRAPP97.DOC Page 8ofll (Rev. 5/1/97) SUPPLEMENTAL SHEET Type of Project: [] Residential [] Commercial (explain) Project Location: Thornydale/Tangerine Project Area: 22,324,500 sq.[t. [] industrial [] Other 512.5 acres RESIDENTIAL: Apartments Single Family Attached Other Number Density 1 BR 2 BR 3+ BR units RAC units F~,C 365 units .71 RAC Parking: Total on-site: Garage:. Carport: Ratio: per unit. Open: Open Space: Storage Areas: sq. ff./unit Patios: cu. ftJunit sq. fi:. Balconies: Total Building coverage __ sq. ft. % NON-RESIDENTIAL: Hours of Operation: Number of Shifts: Gross Floor Area: sq.ft. Parking Spaces: Seating Capacity: (If applicabJe) Building Coverage: a.m. to p,m. __ through Employees/Shift: Total Employees: sq.ft. Existing: sq.ft. Proposed: spaces Ratio: Number of Students/Children: /sq. ft. or Employees (VVhen appiicable) % Landscaping: % of the site CASE# 1. 2. 3. 4. 5. LIST RELATED CASES FILE NAME/PROCESS H:\PLANNING\FORMS\DEVPKG\1997~FPRAPPg7.DOC Page 10 of 11 (Rev. 5'1!97) MARANA TOWN OF MARANA Plan ~e~aSkyranch Specifici Skyranch Specific Plan Area J ~ Request for approval of a Final Plat for a 365-1ot subdivision on 512.5 acres within the Skyranch Specific Plan. TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: June 15, 2004 AGENDA ITEM: IX. A. 3 TO: MAYOR AND COUNCIL FROM: C. Brad DeSpain, Utilities Director SUBJECT: Resolution No. 2004- 75: Relating to Water Service; approving and authorizing the execution of the Agreement between the Town of Marana and M & I Bank for Construction of Water Facilities Under Private Contract. DISCUSSION M & I Bank desires to install an On-Site Water Facility to provide service to a new bank on the north east comer of Cortaro and Silverbell. Pursuant to an Agreement between the Town of Marana and M & I Bank the developer will construct on-site water service facilities and then pass ownership of these facilities to the Town; the Town will then provide water service to M & ! Bank., RECOMMENDATION The Water Utility Advisory Committee and Staff recommend approval of Resolution No. 2004-75, approving and authorizing the execution of the Agreement between the Town of Marana and M & I Bank for Construction of Water Facilities Under Private Contract for M & I Bank. SUGGESTED MOTION I move to adopt Resolution No. 2004-75. BLU M & I Bank 06/07/20046:40 PM.4PM MARANA RESOLUTION NO. 2004-75 RELATING TO WATER SERVICE; APPROVING AND AUTHORIZING THE EXECUTION OF THE AGREEMENT BETWEEN THE TOWN OF MARANA AND M & I BANK FOR CONSTRUCTION OF WATER FACILITIES UNDER PRIVATE CONTRACT. WHEREAS, M & I Bank intends to facilitate the development of property to be called M & I Bank (the "Property"); and WHEREAS, M & I Bank desires to arrange for the provision of water service within the Property in connection with development; and WHEREAS, Marana is willing to provide water service to and within the Property in accordance with Chapter 14 of the Marana Town Code and in accordance with the terms of the Agreement; and WHEREAS, M & I Bank agrees to the construction of on-site water facilities for the Property; and WHEREAS, the Mayor and Council find that the terms and conditions of the Agreement are in the best interest of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Agreement for Construction of Water Facilities nnder Private Contract between the Town of Marana and M & I Bank, attached as Exhibit A to and incorporated here by this reference, for construction of water facilities, is hereby authorized and approved. SECTION 2. The Mayor is hereby authorized and directed to execute, and the Town Clerk in hereby authorized and directed to attest to, said Exhibit A for and on behalf of the Town of Marana. SECTION 3. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this resolution. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 15th day of June, 2004. ATTEST: Mayor Bobby Sutton, .Ir. Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney RSO 040615 M & I Bank RSO 2004-75 2 APM 06/07/2004 TOWN OF MARANA AGREEMENT FOR CONSTRUCTION OF WATER ' FACILITIES UNDER PRIVATE CONTRACT THIS AGREEMENT (this "Agreement"), authorized by Chapter 14 of the Marana Municipal Code, made and entered into this 15th day of June 2004, by and between the TOWN OF MARANA, hereinafter called the Town, and M & I BANK, hereinafter called the Applicant. WITNESSETH: WHEREAS, the Applicant desires to install a water facility to provide service to the following described parcel of land CNE Comer of Cortaro and Silverbell) described on Exhibit "A" attached hereto; and WHEREAS, the following special condition(s) applies to the above-described property only when so indicated by an "X" next to the condition described below: X (1) Prior to the final inspection, Applicant shall pay to the Town all applicable fees as authorized by the Marana Municipal Water Code. X (2) The system herein permitted is located within the Picture Rocks area specific water system plan and is thereby subject to an additional water development fee as authorized herein and by the Marana Municipal Water Code. Applicant shall pmficipate in the proportionate cost of the protected water main, storage and well capacity in the amount of Thirty Eight Thousand Seven Hundred Forty Five Dollars ($38,745). Payment of the development fee is required prior to water service connection to the system. X (3) The installation charge for each one inch (1 1/2") meter will be Five Thousand Nine Hundred Ten Dollars ($5,910.00). WHEREAS, the required plans, specifications, and materials for said facility have been approved by the Town; and WHEREAS, the Applicant desires that the Town take ownership of, operate, and service said water facility; and WHEREAS, the Town is willing to accept said facility and permit it to be connected to the Town Water System provided it meets Town standards and the work is done in accordance with Town requirements. NOW, THEREFORE, in consideration of the matters and conditions herein set forth, IT IS HEREBY AGREED AS FOLLOWS: I. GENERAL The Applicant shall design and install, at Applicant's own expense, a water facility in accordance with Plan No. ENG-0401-007 and shall conform to the design standards of the II. City of Tucson Water Department and the Town of Marana Municipal Water Code and special specifications and details as approved by the Town and by this reference mede a part hereof. The document referenced herein as Plan No. ENG-0401-007 shall include a plan note for new water facility and any and all alterations to the existing water system and is included herein as Exhibit "B." The work permitted by this Agreement shall be done by a contractor properly licensed by the State of Arizona as determined by the Arizona Registrar of Contractors (A, A-12, A-16) to perform work described herein in accordance with plans approved by the Town. Before any service connections are made to the system herein permitted, the Applicant shall pay to the Town the connection fees required by the Marana Municipal Water Code or any other required fees referenced therein. No service connections will be made until the system has been accepted by the Town in accordance with the Marana Municipal Water Code. Any property connecting onto a water main must have a minimum of fitteen feet (15') of frontage upon that main. The provision or existence of a water or other utility easement shall not constitute frontage for purposes of this paragraph. Meter application will be accepted only if the property to be served is flonting the waterline. Only one water meter application will be allowed per legal description unless property owner can provide the Town with justified plans as to what type of improvement/development is taking place on the parcel of land. If a property owner applies for a meter while the property is fronting the water main and later sells that portion of land which is fronting the water main, the water meter will revert to the new owner unless other arrangements are made and are approved by Engineering Support Services prior to conveyance. The Applicant shall furnish all labor, materials, equipment, supplies, and tools required to complete the work herein permitted. Execution of this Agreement certifies that the Applicant has reviewed the plans and specifications, approved the location of service lines, and is in full accord therewith. Projects that are inactive for more than one year will be canceled, along with the Construction Agreement, if applicable. An unapproved plan will be canceled if more than one year has passed since the last review and the plan has not been resubmitted. An approved plan will be canceled if more than one year has passed since plan approval, and construction has not begun. ENGINEERING AND INSPECTION When the cost of construction is greater than Twelve Thousand Five Hundred Dollars ($12,500.00), the Applicant shall employ a registered Civil Engineer to accomplish system design and to lay out and establish control lines and certify the layout according to the approved plans. Any inspector authorized by the Town shall have full inspection authority over the work to be performed hereunder. The Applicant shall furnish the Town Inspector with reasonable facilities for obtaining full information concerning the work. The work shall be subject to Town inspection at all times. Defective work shall be corrected in a manner satisfactory to the Town Inspector. Inspection by the Town is for the purpose of ensuring compliance with plans and specifications only. The Town makes no guarantee as to the safety or engineering soundness of plans prepared by Applicant or any contractor. 2 III. In the event that, because of contractor scheduling, a Town Inspector is caused to work any overtime, or during any hours other than a normal 40 hours in a work period, or on a legal holiday as defined by the Town, the Applicant or the contractor shall compensate the Town for any additional salaries, expenses or employee benefits relating to such overtime or holiday work. Such additional inspection costs will be billed to the Applicant. A normal work period shall be def'med as forty (40) hours in a seven (7) day work period, usually worked on an eight (8) hour day, five (5) day basis, commencing on Monday and ending on Friday, continuing in seven (7) day increments. PRECONSTRUCTION PROCEDURE The Applicant shall submit a written request to begin construction to the Town five (5) working days prior to the time the work is to commence. This Agreement shall be completed, signed and notarized, and retomed to the Town prior to issuance of a construction permit. No work shall commence until the Town has issued a construction permit which will specify the starting date and a reasonable time for completion. The work shall be commenced and carded on at such points and in such order as may be directed by the Town. Materials used in the construction shall be available for sampling and testing prior to being used in the work. Materials that fail to meet Town specification shall be removed from the site. The Applicant shall, at Applicant's expense, obtain all necessary permits and licenses for work permitted herein, pay all fees and comply with all laws, ordinances and regulations relating to the work, public health and safety, and safety of Applicant's employees or employees of Applicant's contractors. CONSTRUCTION 1. The Town shall be notified of the date upon which work shall be commenced. The Applicant, or Applicant's designated agent, shall be present at all times during performance of the work. The name of the designated agent and the contractor performing the work shall be furnished to the Town before commencement of the work. Instructions given the designated agent on the work site shall be deemed to have been given to the Applicant. The Applicant shall employ only competent and efficient laborers, mechanics or artisans on the work, and the Applicant agrees to perform the work diligently to complete the work on or before the completion date given in the "Notice to Proceed." The Applicant shall identify and locate all water valves prior to paving and set valve boxes to final grade after paving. The Applicant shall, at Applicant's expense, make any and all alterations to the existing water system either on-site or off-site necessitated by paving, drainage, or other improvements caused by this development. 3 The Applicant shall require the Contractor or subcontractor to comply with all safety requirements of the Occupational Safety and Hazards Act as set forth by the Federal Government and as implemented by the State of Arizona. The Applicant or Applicant's contractor shall be solely responsible for all fines or other penalties provided for by law for any violations of the Occupational Safety Hazards Act. INDEMNITY In addition to any liability imposed by law, which liability is not affected hereby, on behalf of Applicant and any contractor hired by Applicant to perform any work hereunder, Applicant shall indemnify, defend, and save harmless the Town, its Mayor and Council, officers and employees, boards, committees and commissions from and against any loss, claim, suit, demand, cause of action, or liability of any nature, including but not limited to damage to .property and injuries to persons, including death, arising or alleged to have arisen, in whole or in pa~t, out of any negligent act or omission of Applicant or any such contractor or any subcontractor, or any person employed directly or indirectly, by any of them in the performance of any work or operations pursuant to this Agreement. VI. DEDICATION The Applicant shall, and does, hereby grant, bargain, sell, convey, transfer and deliver to the Town said water facility to be installed pursuant to this Agreement free and clear of all liens, claims, charges or encumbrances upon final acceptance of said work by the Town. 2. The Applicant guarantees the work to be fi.ce fi.om all failures due to poor workmanship or materials for a period of two (2) years from the final acceptance date by the Town. The Applicant shall not construct any utility, building, or other improvement that would interfere with the operation or maintenance of the waterline or water facility to be installed pursuant to this Agreement. The Applicant further guarantees that all service lines, meters, and meter boxes will be to finish grade and that Applicant will remain responsible for raising/lowering said services as required until the area described is fully developed. The Town shall accept title to and take possession of the said facility upon completion of said work to the satisfaction of the Town; and upon acceptance and approval of said work, the town shall operate and service said facility. VII. MISCELLANEOUS THIS AGREEMENT shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties; provided however that Applicant may not assign this Agreement without the prior written consent of the Town. 2. THIS AGREEMENT is subject to cancellation for conflict of interest pursuant to A.R.S. {}38-511. IN WITNESS WHEREOF, the Applicant has executed or has caused this instnunent to be executed by its proper officers hereunto duly authorized, and the Town has caused this instrument to be executed by its proper officers thereunto duly authorized, all as of the day and year first above written. M &IBank Applicant By: Signature Title Print Name 7350 E. Evans Road Street Address Scottsdale, AZ 85260 City State Zip Code STATE OF ARIZONA) )SS. COUNTY OF PIMA ) On this, the day of , 2004, before me personally appeared , known to me to be the persons who subscribed the foregoing instrument and acknowledge that they executed the same for and on behalf of said person/corporation for the purposes and considerations therein expressed. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Public My Commission Expires: THETOWNOFMARANA By: Bobby Sutton, Jr. Its: _ Mayor APPROVED AS TO FORM ATTEST: By: By: Town Attorney Town Clerk 5 EXHIBIT "A" LOCATION MAP OF THE DEVELOPMENT WITH LEGAL DESCRIPTION [Please slip the location map of the development behind this cover sheet.] 6 EXHIBIT "B" INCORPORATION BY REFERENCE OF THE PLANS AND SPECIFICATIONS OF THE ON-SITE WATER FACILITY TO BE CONSTRUCTED HEREUNDER Reference is hereby made to those certain 24" X 36" engineering drawings of the On-Site Water Facility Plans. Copies of such engineering drawings may be reviewed at Marana's offices. Applicant will provide engineering drawings of the On-Site Water Facility in electronic format. Such engineering drawings may be more specifically described as follows: [Please provide a detailed description of the Plans and Specifications including the date and the code number of the Plans and the name of the Engineering firm which prepared the same.] 7 EXHIBIT "C" ITEMIZED BREAKDOWN OF THE ESTIMATED COST OF THE ON-SITE WATER FACILITY TO BE CONSTRUCTED HEREUNDER [Please slip a line by line itemized breakdown of the Estimated Cost of the On-Site Water Facility to be installed in accordance with this Agreement behind this cover sheet.] Please set forth the total expense the Developer/Applicant is to incur for the construction. 8 EXHIBIT "E" ACTUAL COST OF ON-SITE WATER FACILITIE,~ [To be attached at time of completion.] 9 TOWN COUNCIL ~ MEETING TOWN OF MARANA INFORMATION MEETING DATE: June 15, 2004 AGENDA ITEM: IX. A. 4 TO: MAYOR AND COUNCIL FROM: SUBJECT: C. Brad DeSpain, Utilities Director Resolution No. 2004-76: Relating to Water Service; approving and authorizing the execution of the Agreement between the Town of Marana and Rancho Chimayo, L.L.C. and Paul R. Horwitz for Water Line Extension Construction. DISCUSSION Rancho Chimayo, L.L.C. and Paul R. Horwitz desires to install a Water Line Extension Facility to provide water service to property that is in a remote area where few additional water connections are anticipated in the foreseeable future. Pursuant to an Agreement between the Town of Marana and Rancho Chimayo, L.L.C. and Paul R. Horwitz the Applicants will construct the water line extension and retain ownership, operation and maintenance responsibility for the Water Facility unless and until the number or extent of water hookups served by the Water Facilities would be regulated as a separate water utility by the Arizona Corporation Commission. RECOMMENDATION The Water Utility Advisory Committee and Staff recommend approval of Resolution No. 2004-76, approving and authorizing the execution of the Agreement between the Town of Marana and Rancho Chimayo, L.L.C. and Paul R. Horwitz for Water Line Extension Construction. SUGGESTED MOTION I move to adopt Resolution No. 2004-76. BLU Rancho Chimayo 06/07/20046.'43 PM APM MARANA RESOLUTION NO. 2004-76 RELATING TO WATER SERVICE; APPROVING AND AUTHORIZING THE EXECUTION OF THE AGREEMENT BETWEEN THE TOWN OF MARANA AND RANCHO CHIMAYO, L.L.C. AND PAUL R. HORWITZ FOR WATER LINE EXTENSION CONSTRUCTION. WHEREAS, Rancho Chimayo, L.L.C. and Paul R. Horwitz intends to construct a Water Line Extension Facility to provide water service to property; and WHEREAS, the property is in a remote area where few additional water connections are anticipated in the foreseeable future; and WHEREAS, Marana is willing to provide water service to the Property in accordance with Chapter 14 of the Marana Town Code and in accordance with the terms of the Agreement; and WHEREAS, Rancho Chimayo, L.L.C. and Paul R. Horwitz intends to retain ownership, operation and maintenance responsibility for the Water Facility unless and until the number or extent of water hookups served by the Water Facilities would be regulated as a separate water utility by the Arizona Corporation Commission; and WHEREAS, the Mayor and Council find that the terms and conditions of the Agreement are in the best interest of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Agreement for Water Line Extension Construction between the Town of Marana and Rancho Chimayo, L.L.C. and Paul R. Horwitz, attached as Exhibit A to and incorporated here by this reference, for water line extension construction of water facilities, is hereby authorized and approved. SECTION 2. The Mayor is hereby authorized and directed to execute, and the Town Clerk in hereby authorized and directed to attest to, said Exhibit A for and on behalf of the Town of Marana. SECTION 3. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this resolution. PASSED A ND ADOPTED B Y T HE MAYOR A ND COUNCIL O F THE TOWN OF MARANA, ARIZONA, this 15th day of June, 2004. ATTEST: Mayor Bobby Sutton, Jr. Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney RSO 040518 Continental Reserve 18, 19, 17 RSO 2004-58 2 APM 06/06/2004 TOWN OF MARANA AGREEMENT FOR WATER LINE CONSTRUCTION (Water System Line Extension Agreement) THIS AGREEMENT (this "Agreement") is entered by and between the TOWN OF MA- RANA, an Arizona municipal corporation, ("Marana"), RANCHO CHIMAYO, L.L.C., an Ari- zona limited liability company ("Rancho Chimayo"), and PAUL R. HORWITZ, a married man dealing with his sole and separate property ("Horwitz"). Rancho Chimayo and Horwitz are collectively referred to as the "Applicants." Marana and the Applicants are sometimes collectively referred to as the "Parties," and are sometimes individually re- ferred to as the "Party." RECITALS A. The Applicants desire to secure water service to the Property. B. The Property is in a remote area where few additional water connections are an- ticipated in the foreseeable future. C. The Applicants are willing at their own cost to construct by private contractor cer- tain '~Vater Facilities" (described and defined below) to extend the existing Marana water system to serve the Property. D. Marana does not wish to undertake responsibility for t he ownership, operation, maintenance or liability relating to the Water Facilities unless and until the number or extent of water hookups served by the Water Facilities would be regulated as a sepa- rate water utility by the Arizona Corporation Commission. E. Applicants are willing to retain ownership, operation and maintenance responsibil- ity for the Water Facilities so long as during the period of the Applicants' ownership, operation and maintenance responsibility the Applicants (i) retain the ability to decide whether and at what price third parties are permitted to connect to and be served by the Water Facilities and (ii) recoup for the maximum period allowed by law any connection fees which would otherwise be payable to Marana. F. Marana i s willing t o permit t he Applicants t o decide whether a nd a t w hat p rice third parties are permitted to connect to and be served by the Water Facilities during the period of the Applicants' ownership, operation and maintenance responsibility so long as Applicants and any third parties who connect to Marana's water system pay to Ma- rana all fees payable by any other customer of Marana's water utility for connection, water consumption and water system and water resource expansion. TOWN OF MARANA/RANCHO CHIMA YO, LLC/HORWITZ WA TER SERVICE AGREEMENT PAGE I OF lO AGT 040609 RANCHO CH.IMAYO W,4TER F/NAZ.DOC G. Marana is willing to supply water to Applicants in accordance with the Marana Town Code and the terms of this Agreement. AGREEMENT Now, THEREFORE, in consideration of the recitals set forth above, which are incor- porated here as the intention of the Parties in entering into this Agreement, and the mutual covenants, conditions, and agreements set forth below, the Parties hereby agree as follows: '1. Definitions. The following definitions apply to this Agreement: 1.1. "Applicants" means Rancho Chimayo and Horwitz and their successors and assigns, collectively, jointly and severally. 1.2. "Approved Plans and Specifications" means the plans and specifications ap- proved by and on file in the office of the Marana Water Department, and which Ap- plicants hereby certify have been: 1.2.1. prepared by a registered civil engineer at Applicants' expense and on Applicants' behalf, 1.2.2. submitted on Applicants' behalf to Marana, and 1.2.3. reviewed and approved in writing by the Arizona Department of Envi- ronmental Quality or the Pima County Department of Environmental Quality. 1.3. "Effective Date" has the meaning set forth in paragraph 14 below. 1.4. "Property" means that certain land owned by the Applicants which is particu- larly and legally described in Exhibit "A" attached to and incorporated in this Agree- ment by this reference. 1.5. '~/Vatedine Easement" means the easement described and depicted on Ex- hibit B attached to and incorporated by this reference in this Agreement 1.6. '~Vater Facilities" means all water facilities and other improvements between point A (from and including the shutoff valve in connection to existing Town water fa- cilities) to point B (to and including the water meter located on the property) depicted on and described in the Approved Plans and Specifications. 1.7. "Water Line" means that part of the Water Facilities consisting of an eight- inch water line to be constructed a nd installed by Applicants within the Waterline Easement and which s hall run from point A to point B on the map portion of Ex- hibit B. 1.8. '~/Vork" means construction of the Water Facilities and all related work. TOWN OF MARANA/RANCHO CHIMA YO, LL C/HORWlTZ WATER SERVICE AGREEMENT PAGE 2 OF 10 A GT 040609 RANCHO CHIMAYO WATER FINAL.DOC 2. Manner of undertaking and completing the Work. The Applicants shall under- take and complete the Work in accordance with the Approved Plans and Specifications, and subject to the following requirements: 2.1. The Work shall be done by a contractor properly licensed by the State of Ari- zona. 2.2. The Work and the location of the Water Facilities in the ground shall comply with the requirements of all public agencies having authority to prescribe regulations with respect to the location and manner of installation. 2.3. The Applicants and their contractor shall obtain all necessary permits and li- censes, pay all fees and comply with all laws, ordinances and regulations related to the Work. 2.4. All materials used in the Work shall be new. 2.5. The workmanship and materials used in the Work shall be of good quality and shall meet the combined specifications and standards of 2.5.1. the American Water Works Association, 2.5.2. the Arizona Department of Environmental Quality (ADEQ), 2.5.3. the Pima County Department of Environmental Quality (PCDEQ), 2.5.4. all local regulatory agencies, and 2.5.5. the Approved Plans and Specifications. 2.6. While the Work is being undertaken and during Applicants' ownership of the Water Facilities, Applicants shall pay and be responsible for all of the following: 2.6.1. all water costs to fill, chlorinate, flush and pressure test the Water Fa- cilities, 2.6.2. all water costs related to any leakage or breaks that occur in the Water Facilities, 2.6.3. maintaining the Water Facilities in good operating condition, and 2.6.4. repairing, or (at Marana's reasonable option) removing and replacing any and all portions of the Water Facilities or the Work that 2.6.4.1. in any way fail to conform to this Agreement, 2.6.4.2. for any reason whatsoever are damaged, 2.6.4.3. prove to be defective, or TOWN OF MAnANA/RANCHO CHIMA YO, LL C/HORWITZ WA TEn SERVICE AGREEMENT PAGE 3 OF 10 A GT 040609 RANCHO CHIMAYO WATER FINAL.DOC 2.6.4.4. require maintenance or repair. 2.7. Applicants shall comply with the inspection and testing requirements of ADEQ, PCDEQ and Marana for the Work, provided that the requirements are rea- sonable and do not cause unwarranted delays in the ordinary course of construction. 2.8. Applicants shall promptly notify Marana when the Work is ready for inspec- tion and testing, and Marana shall promptly inspect the Work. 2.9. The Applicants shall give Marana and any inspectors appointed by it free ac- cass to the construction site and shall facilitate and provide full information for the proper inspection and testing of the Work and all materials used in undertaking and completing the Work, whenever requested by Marana or its inspectors. 2.10. The approval of the Work by any inspector shall not relieve Applicants from their obligation to comply in all respects with the Approved Plans and Specifications and to complete the Work in accordance with best industry practices. 2.11. Marana specifically reserves the right to withhold approval of the Work or any portion of it, to forbid connection of the Water Facilities to Marana's water utility system, or to disconnect the Water Facilities from Marana's water utility system if the Work has not been undertaken in accordance with this Agreement. 2.12. If the Applicants or any government entity having jurisdiction over the Work make (or desire to make) any material changes to the design of the Water Facilities or the manner of the Work as shown on the Approved Plans and Specifications, the Applicants shall (a) obtain Marana's prior written consent to such material changes or modifications, (b) pay Marana a reasonable fee for reviewing the changes or modifications and (c) pay any and all additional cost of construction associated with the changes or modifications. 2.13. The Applicants shall promptly pay, satisfy and discharge all mechanics', materialmen's and other liens, claims, obligations and liabilities which may be as- serted in connection with or in any way relating to or resulting from the Work. 2.14. The Applicants undertake the Work and the ownership of the Water Facili- ties at their own risk until ownership of the Water Facilities is transferred to Marana in accordance with paragraph 4 below. 2.15. No permanent structures (including without limitation masonry walls, con- crete slabs or fences) shall be constructed on or through the Waterline Easement without the expressed written consent of Marana. 2.16. The Applicants shall install and maintain at their cost and to Marana speci- fications automated meter, sensor, and other equipment needed for automated me- ter reading of the water meter to be located on the Property at point B shown on the map portion of Exhibit B attached to this Agreement. TOWN OF MARANA/RANCHO CHIMA YO, LL C/HORWlTZ WA TER SERVICE AGREEMENT PAGE 4 OF '10 A GT 040609 RANCHO CHIMA YO ~'A TER FINAL.DOC 3. The Applicants' responsibilities upon completion of the Work. Within sixty days after completion of the Work, the Applicants shall provide the following information to Marana: 3.1. As-built plans showing the actual as-built locations and specifications of the Work. 3.2. A full itemized accounting of all actual costs of the Work and the Water Fa- cilities. 4. Transfer of ownership of the Water Facilities to Marana. The Applicants shall at n o cost assign t o Marana t heir rights a nd interest i n t he Waterline Easement a nd shall transfer to Marana ownership of the Water Facilities when the number or extent of water hookups served by the Water Facilities would be regulated as a separate water utility by the Arizona Corporation Commission. All materials installed by or on behalf of the Applicants pursuant to this Agreement, including without limitation all of the Work and the Water Facilities, shall thereupon become the sole property of Marana, and full legal and equitable title to them shall be then vested in Marana, free and clear of any and all liens. Applicants shall execute or cause to be executed promptly such docu- ments as legal counsel for Marana may reasonably request to evidence this assignment and conveyance free and clear of all liens. If the Applicants fail to assign and transfer to Marana their rights as provided in this paragraph, Marana may at its option upon sixty days written notice to the Applicants cease the delivery of water through the Water Facilities to the Property and terminate this Agreement. 5. Rights and responsibilities during the Applicants' ownership of the Water Facilities. Until the Water Facilities are transferred to the Town in accordance with paragraph 4 above, the Applicants have the following rights and responsibilities: 5.1. No water connections of any kind may be made to the Water Facilities with- out the express written consent of the Applicants. 5.2. The Applicants may charge a fee in an amount determined at the Applicants' sole discretion as a condition of granting permission to connect to the Water Facili- ties. 5.3. The Applicants shall hold harmless and defend Marana from and against any claims relating in any way to the Water Facilities or the Work or to the Applicants' denial or conditions of consent to connect to the Water Facilities. 5.4. The Applicants shall keep and maintain the Water Facilities in good repair and operation in accordance with the provisions of paragraph 2.6 above. 6. Miscellaneous rights and responsibilities. The following rights and responsibili- ties apply irrespective of whether ownership of the Water Facilities is in the Applicants or the Town: 6.1. The Applicants and any other parties receiving delivery of water from Ma- rana through the Water Facilities shall pay all duly adopted Marana water fees, and TOWN OF MARANA/RANCHO CHIMA YO, LL C/HORWITZ WA TER SERVICE AGREEMENT PAGE 5 OF I0 A GT 040609 P~NCHO CH/MAYO WATER FINAL. DOC the provisions of Marana Code §14-7 and any successor or amendatory provisions are incorporated as though set forth in full hero. 6.2. Any new connection to the Water Facilities shall pay the same connection fees and development impact fees for water system and water resoume expansion that are then payable by other similarly situated Marana water customers. This con- nection shall be in addition to the fee charged under Section 5.2. 6.3. For a period of fifteen years from and after the Effective Date of this Agree- ment, Marana shall pay to the Applicants all connection fees paid to Marana for any new connection to the Water Facilities. For purposes of this paragraph, the term "connection fees" shall not include any development impact fees that Marana may heroafter adopt to fund water resource acquisition and expansion or to fund water system expansion or enhancements. 6.4. The Applicants shall have the same right as any other Marana Water De- partment customer to install a larger water meter on the Property at point B shown on the map portion of Exhibit B attached to this Agreement, as long as all applicable fees aro paid to Marana. 6.5. The Property shall be included in the service area of the Marana Water De- partment upon the Applicants' satisfaction of their obligations under this Agreement and completion of all other applicable requiroments found in Marana Code §14-5 and any successor or amendatory provisions, which are incorporated as though set forth in full here. 6.6. Marana shall provide water utility service to the Property so long as the Ap- plicants are not in default under this Agreement. 6.7. Marana will provide the State of Arizona Designation of Assured Water Sup- ply status for the Property upon acceptance of the Property into Marena's service aroa by the Central Arizona Groundwater Replenishment District (CAGRD). 6.8. The Applicants understand and agree that a groundwater replenishment fee to fund the roplenishment of groundwater is added to the water bills for Marana's customers, and will be added to water bills for delivery of water to the Property. 7. No effect on the Applicants' rights beyond their meter. Nothing in this Agree- ment applies to or affects the Applicants' rights to install such private water lines, private meters or other private water improvements located on the Property past'the water meter referenced in paragraph 2.16 above, so long as any such private water lines, private meters or other private water improvements do not violate any applicable fed- eral, state or local law or rogulation. 8. Performance and payment bonds. The Applicants shall furnish Marana with such security as is determined by the Marana Utility Diroctor to be appropriate and necessary to assure Marana that Applicants will undertake, complete and pay for the Work in accordance with the Applicants' obligations under this Agreement. TOWN OF MARANA/RANCHO CHIMA YO~, LL C/HOR~TZ WA TER SERVICE AGREEMENT PAGE 6 OF 10 AGT 040609 RANCHO CH/MAYO WATER FINAL.DOC 9. Termination of this Agreement. 9.1. This Agreement shall be null and void, canceled and of no further force and effect if the Work is not completed on the first anniversary of the Effective Date of this Agreement. 9.2. This Agreement is subject to the provisions of A.R.S. § 38-511, which pro- vides for cancellation of local government contracts in certain instances involving conflicts of interest. 10. Indemnification. The Applicants shall indemnify, appear, defend and hold harm- less Marana and its employees from and against any and all claims or causes of action which may be asserted against Marana for negligent design or construction of the Water Facilities or arising from the negligence of the Applicants or their contractom, employ- ees or agents. 11. Notice. All notices, filings, consents, approvals and other communications pro- vided for in or given in connection with this Agreement shall be validly given, filed, made, transmitted or served if in writing and delivered personally or sent by registered or certified United States m ail, postage p repaid, if to (or t o such other addresses a s either Party may from time to time designate in writing and deliver in a like manner): To Marana: Town Manager Town of Marana 13251 N. Lon Adams Road Marana, Arizona 85653-9723 With copy to: Frank Cassidy, Town Attorney Town of Marana 13251 N. Lon Adams Rd. Marana, Arizona 85653-9723 And a copy to: Martinez & Curtis, P.C. Attention: William P. Sullivan 2712 N. 7th Street Phoenix, Arizona 85006-1090 To Applicant: Mr. Paul R. Horwitz Rancho Chimayo L.L.C. P. O. Box 770 Cortaro, Arizona 85652-077- With a copy to: TOWN OF MARANA/RANCHO CHIMA YO, LL C/HORWITZ WA TER SERVICE AGREEMENT PAGE 7 OF 'lO A GT 040609 RANCHO CHIMAYO V/ATER FINAL. DOC 12. Severability. If any provision of this Agreement is declared void or unenforce- able, it shall be severed from the remainder of this Agreement, which shall otherwise remain in full force and effect. 13. Binding effect. This Agreement shall be binding upon and benefit the heirs, administrators, executors, successors and assigns of the Parties. 14. Effective date and term. This Agreement shall become effective upon its exe- cution by all the Parties and the effective date of the resolution or action of the Town Council approving this Agreement (the "Effective Date"). If this Agreement is not ap- proved by action of the Town Council, it shall be null and void and of no force or effect whatsoever. Upon completion of the Work in accordance with this Agreement, the Par- ties intend for the Property permanently to be served by the Marana Water Department pursuant to the terms of this Agreement and any rules and regulations of the Marana Water Department that may now or hereafter apply to the delivery of water to its cus- tomers. 15. Miscellaneous. 15.1. This instrument contains the sole and only agreement of the Parties relating to Marana's delivery of water to the Property, and correctly sets forth the rights, du- ties and obligations of each to the other as of the Effective Date. Any prior agree- ments, promises, negotiations or representations not expressly set forth in this Agreement are of no force and effect. This instrument contains the entire agreement between the parties, and it shall not be amended, altered or changed, except by writ- ten agreement signed by the Parties. 15.2. This Agreement and all executed amendments to this Agreement shall re- main on file in Marana offices and shall be made available for public review upon re- quest. 15.3. This Agreement is entered into under and shall be governed by the laws of the State of Arizona. 15.4. This Agreement has been arrived at by negotiation and shall not be con- strued against any Party to it or against the Party who prepared the last draft. 15.5. Captions and headings are for index purposes only and shall not be used on construing this Agreement. 15.6. This Agreement does not relieve any Party of any obligation or responsibil- ity imposed upon it by law. 15.7. The remedies s et forth i n t his Agreement s hall not b e deemed exclusive remedies but shall be in addition to all other remedies available at law or in equity. No waiver by either party of any breach of any prevision of this Agreement nor any failure by either party to insist on strict performance of any provision of this Agree- TOWN OF MARANA/RANCHO CHIMA YO, LL C/HORWITZ WA TER SERVICE AGREEMENT PAGE 8 OF 10 A GT 040609 P~ANCHO CHIMA YO WA TER FINAL.DOC ment shall in any way be construed to be a waiver of any future or subsequent breach or to insist on strict performance of the provisions of this Agreement in the fu- ture. 15.8. The Applicants are not agents or employees of Marana. 15.9. This Agreement, and all rights and obligations under it, including those re- garding water service to the Applicants, shall be subject to all provisions of Chapter 14 of the Municipal Code of the Town of Marana and all applicable rates, fees, charges and tariffs of the Marana Water Utility as approved by the Mayor and Coun- cil of the Town of Marana now or as they may be changed and approved by the Mayor and Council of the Town of Marana in the future. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.] TOWN OF MARANA/RANCHO CHIMA YO, LL C/HORWlTZ WA TER SERVICE AGREEMENT PAGE 9 OF '10 AGT 040609 P~ANCHO CHIMAYO WATER FINAL.DOC IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last date set forth below their respective signatures. MARANA: THE APPLICANTS: THE TOWN OF MARANA, an Arizona municipal corporation RANCHO CHIMAYO, L.L.C., an Arizona limited liability company ("Rancho Chimayo") By: By: Bobby Sutton, Jr., Mayor Date: Date: Paul R. Horwitz, Manager ATTEST: Jocelyn C. Bronson, Clerk PAUL R. HORWlTZ, a married man dealing with his sole and separate property ("Horwitz") APPROVED AS TO FORM: By: Paul R. Horwitz Frank Cassidy, Town Attorney STATE OF ARIZONA ) SS Countyof Pima ) Date: The foregoing instrument w as acknowiedged before m e o n b y Paul R. Horwitz, Manager of RANCHO CHIMAYO, L.L.C., an Arizona limited liability com- pany, on behalf of the L.L.C. My commission expires: Notary Public STATE OF ARIZONA ) SS County of Pima ) The foregoing instrument w as acknowledged before m e o n PAUL R. HORWlTZ, a married man dealing with his sole and separate property. My commission expires: Notary Public by TOWN OF MARANA/RANCHO CHIMA YO, LL C/HORWITZ WATER SERVICE AGREEMENT PAGE 'lO OF '10 A GT 040609 RANCHO CHIM,~ FO WA TER FEV.~L. DOC Exhibit A PARCEL I: THE NORTH HALF OF THE SOUTHF. AST QUARTER OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 13 SOUTH, RANGE 12 EAST, GILA AND SALT RIVER BASE AND MERIDIAN, I~IMA COUNTY, ARIZONA. PARCZ, L II: THE NORTH HALF OF THeE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 13 SOUTH, RANGE 12 EAST, OH.A AND SALT RIVER BASE AND MERIDIAN, P~A COUNTY, ARIZONA. I~ARCEL Ill: THE SOUTH HALF OF TH~ SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 13 SOUTH, RANGE 12 EAST, GILA AND SALT RIVER BASE AND MF. R1DIAN, PIMA COUNTY, ARIZONA. PARCEL IV: THE SOUTH HALF OF NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 13 SOUTH, RANGE 12 EAST, GILA AND SALT RIVER BASE AND MERIDIAN, PI[MA COUNTY, ARIZONA. Pase 1 of 1 3040 N, Conestoga Ave. Tu~on AZ 8574~g332 e-mail; b"uca~BFSmall.com voi~: (520) 444-7186 FAX: (620) 760-8348 ]uae 3, 2004 Exhibit B (1 of 2) AN EASEMENT FOR WATER PURPOSES IN, THROUGH OVER, UNDER, UPON, AND ACROSS THE EAST 20 FEET OF THE WEST HALF OF THE NORTH HALF OF THE WEST HALF OF ~ NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSH][P 13 SOUTH, RANGE 12 EAST, G. & S. R. R M, PIMA COUNTY, ARIZONA, AS CREATED BY DOCKET 5992 AT PAGE ,597. TOGETHER WITH: AN EASEMENT FOR WATER PURPOSES IN, THROUGH OVER, UNDER, UPON AND ACROSS A 20.00 FOOT WIDE STRIP OF LAND, BEING A PORTION OF AN EXISTING ROAD KNOWN AS THE OLD YUMA MINE ROAD, RUNNINO TItROUGH PORTIONS OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 13 SOUTH, RANGE 12 EAST. G & $. K B. & M., PIMA COUNTY, ARIZONA. THE CElqTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF THE EAST HALF OF THE NOR~ST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER LYING NORTH 00 DEG. 30 MIN. 31 SEC. EAST, 93.24 FEET FROM THE SOUTHWEST CORNER THEREOF; THENCE SOUTH 49 DEG. 50 MIN. 43 SEC. EAST, A DISTANCE OF 235.10 FEET; TH~NCB SOUTH 32 DEG. 58 MIN. 4S SEC. FAST, A DISTANCE OF 157.00 FEET; THENCE SOUTH 53 DEG. 11 MIN. 48 SEC. EAST, A DISTANCE OF 222.02 FEET TO A POINT OF CURVATURE; TI~ENCE SOUTHEASTERLY, ALONG THE ARC OF A CIRCULAR CURVE CONCAVE TO THE SO--ST AND HAVING A RADIUS OF 180.00 FEET, A DISTANCE OF 183.~9 FEET TO A POINT OF TANGENCY; THI~NCE SOUTH 05 DEG. 08 MIN. 47 SEC. WEST, A DISTANCE OF 199.52 FEET; THENCE SOUTH 01 DEG. 23 MIN. 52 SEC. WEST, A DISTANCE OF 242 FEET TO THE POINT OF TERMINATION. ~/-60' x 170' EASEMENT ~ SCALE 1" ~ ;~ NE4 N]~4 NF_A SW4 NE4 NE4 ~E4 NE4 NE4 B~UCE FRANCE N2 SF..4 NE4 ,. SMALL 0! EXHIBIT B, BRU(~E SMALL SURVEYS SKETCH TO ACCOMPANY A LEGAL ' 3040 N. CONESTOGA A' DESCRIPTION FOR A WATER EASEMENT TUCSON AZ 85749-' IN SECTION 9. T13S, R12E, PIMA VOICE: (520) 444-718 COUNTY. ARIZONA. FAX: (520) 750-B346 E-MAiL: BRUCE~BFSMA Exhibit B (2 of 2) TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEEIING DATE: June 15, 2004 AGENDA ITEM: IX. A 5 TO: MAYOR AND COUNCIL FROM: Richard Vidaurri, Chief of Police AGENDA TITLE: Resolution No. 2004-74: Relating to the Police Department; authorizing application for undercover vehicle registrations DISCUSSION The Town of Marana owns fifteen (15) vehicles assigned to the Police Department that requir{ undercover license plates. Renewal of undercover plates is an annual requirement of the Arizona Department of Transportation. There is no cost to the Town for licensing these undercover dates. RECOMMENDATION ;taft recommends approval of Resolution No. 2004-74. SUGGESTED MOTION I move to approve Resolution No. 2004-74. Brief Title 2/24/2004 1:33 PMFJC MARANA RESOLUTION NO. 2004-74 RELATING TO THE POLICE DEPARTMENT; AUTHORIZING APPLICATION FOR UNDERCOVER VEHICLE REGISTRATIONS. WHEREAS, A.R.S. 28-2511 requires motor vehicles owned or leased by a political subdivision of the state to bear the designation of the name of the political subdivision and the department or agency thereof in a visible manner, and A.R.S. 28- 251 i(B) and (C) authorizes certain one-year exemptions fi.om said marking requirements to be made by the governing body of a political subdivision for vehicles to be used for the conduct of rehabilitation or social service programs, felony investigations, or activities of a confidential nature; and WHEREAS, application is hereby made with respect to the motor vehicles used for said purposes by the Marana Police Department for exemptions from the provisions of A.R.S. 28-2511; and WHEREAS, the Mayor and Council find that it is in the best interests of the citizens of Marana to grant applications for the exemption from marking requirements: NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Pima County, Arizona, as follows: Pursuant to A.R.S. 28-251 i(B) and (C), applications for exemptions from official identification of motor vehicles now assigned for use by the Marana Police Department for use in the conduct of rehabilitation or social service programs, felony investigations, or activities of a confidential nature, hereby are approved. Since the identification of these vehicles is confidential, and such confidentiality is necessary for the public safety, a list of the vehicles contained under this exception is to be retained confidentially by the Town Clerk. The effective date of the exemption of the aforementioned motor vehicles shall be fi.om July 1, 2004 to June 30, 2005. Various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect this resolution. PASSED AND ADOPTED BY the Mayor and Council of the Town of Marana, Pima County, Arizona, this 15~ day of June 2004. ATTEST: MayorBOBBYSUTTON, JR. Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney 2 TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: June 15, 2004 AGENDA ITEM: IX. A. 6 TO: MAYOR AND COUNCIL FROM: C. Brad DeSpain, Utilities Director SUBJECT: Resolution No. 2004-78: Relating to Water Service; approving and authorizing the execution of the Agreement between the Town of Marana and U S Home for Construction of Water Facilities Under Private Contract for Gladden Farms Block 5. DISCUSSION U Homes desires to install an On-Site Water Facility to provide service to a development known as Gladden Farms Block 5. Pursuant to an Agreement between the Town of Marana and U S Home the developer will construct on-site water service facilities and then pass ownership of these facilities to the Town; the Town will then provide water service to Gladden Farms Block 5. RECOMMENDATION The Water Utility Advisory Committee and Staff recommend approval of Resolution No. 2004-78, approving and authorizing the execution of the Agreement between the Town of Marana and U S Home for Construction of Water Facilities Under Private Contract for Gladden Farms Block 5. SUGGESTED MOTION I move to adopt Resolution No. 2004-78. BLU Gladden Farms Blocks 06/07/20047:02 PM.dPM MARANA RESOLUTION NO. 2004-78 RELATING TO WATER SERVICE; APPROVING AND AUTHORIZING THE EXECUTION OF THE AGREEMENT BETWEEN THE TOWN OF MARANA AND U S HOME FOR CONSTRUCTION OF WATER FACILITIES UNDER PRIVATE CONTRACT FOR GLADDEN.FARMS BLOCK 5. WHEREAS, U S Home intends to facilitate the development of property to be called Gladden Farms Block 5 (the "Property"); and WHEREAS, U S Home desires to arrange for the provision of water service within the Property in connection with development; and WHEREAS, Marana is willing to provide water service to and within the Propertyin accordance with Chapter 14 of the Marana Town Code and in accordance with the terms of the Agreement; and WHEREAS, U S Home agrees to the construction of on-site water facilities for the Property; and WHEREAS, the Mayor and Council find that the terms and conditions of the Agreement are in the best interest of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Agreement for Construction of Water Facilities under Private Contract between the Town of Marana and U S Home, attached as Exhibit A to and incorporated here by this reference, for construction of water facilities, is hereby authorized and approved. SECTION 2. The Mayor is hereby authorized and directed to execute, and the Town Clerk in hereby authorized and directed to attest to, said Exhibit A for and on behalf of the Town of Marana. SECTION 3. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this resolution. PASSED AND ADOPTED B Y T HE MAYOR AND COUNCIL O F THE TOWN OF MARANA, ARIZONA, this 15t~ day of June, 2004. ATTEST: Mayor Bobby Sutton, Jr. Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney R30 040615 Gl~dden Farms Block 5 RSO 2004-78 2 APM 06/06/2004 TOWN OF MARANA AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES UNDER PRIVATE CONTRACT THIS AGREEMENT (this "Agreement"), authorized by Chapter 14 of the Marana Municipal Code, made and entered into this 15~ day of June 2004, by and between the ToWN OF MARANA, hereinafter called the Town, and U S HOME, hereinafter called the Applicant. WrrNESSETH: WHEREAS, the Applicant desires to install a water facility to provide service to the following described p an:el o f 1 and (Harvest M oun a t Gladden F arms Block 5 ) described o n Exhibit "A' attached hereto; and WHEREAS, the following special condition(s) applies to the above-described property only when so indicated by an "X" next to the condition described below: X X (1) Prior to the final inspection, Applicant shall pay to the Town all applicable fees as authorized by the Marana Municipal Water Code. _(2) The installation charge for each five-eighth-inch (5/8") meter will be Nine Hundred Dollars ($900). WHEREAS, the required plans, specifications, and materials for said facility have been approved by the Town; and WHEREAS, the Applicant desires that the Town take ownership of, operate, and service said water facility; and WHEREAS, the Town is willing to accept said facility and pemut it to be connected to the Town Water System provided it meets Town standards and the work is done in accordance with Town requirements. NOW, THEREFORE, in consideration of the matters and conditions herein set forth, ri' IS HEREBY AGREED AS FOLLOWS: I. GENERAL The Applicant shall design and install, at Applicant's own expense, a potable and non-potable water facility in accordahce with Plan No. ENG-0311-014 and shall confomq to the design standards of the City of Tucson Water Department and the Town of Marana Municipal Water Code and special specifications and details as approved by the Town and by this reference made a part hereof. The document referenced herein as Plan No. ENG-0311-014 shall include a plan note for new water facility and any and all alterations to the existing water system and is included herein as Exhibit "B." The work permitted by this Agreement shall be done by a contractor properly licensed by th~ State of Arizona as determined by the Arizona Registrar of Contractors (A, A-12, A-16) to perform work described herein in accordance with plans approved by the Town. Before any service connections are made to the system herein permitted, the Applicant shall pay to the Town the connection fees required by the Marana Municipal Water Code or any other required fees referenced therein. No service connections w ill b e made until t he system h as been accepted b y t he T own i n accordance with the Marana Municipal Water Code. Any property connecting onto a water main must have a minimum of fltteen feet (15') of frontage upon that main. The provision or existence of a water or other utility easement shall not constitute frontage for purposes of this paragraph. Meter application will be accepted only if the property to be served is fronting the waterline. Only one water meter application will be allowed per legal description unless property owner can provide the Town with justified plans as to what type of improvement/development is taldng place on the parcel of land. If a property owner applies for a meter while the property is fronting the water main and later sells that portion of land which is fronting the water main, the water meter will revert to the new owner unless other arrangements are made and are approved by Engineering Support Services prior to conveyance. The Applicant shall furnish all labor, materials, equipment, supplies, and tools required to complete the work herein permitted for potable and non-potable systems. Execution of this Agreement certifies that the Applicant has reviewed the plans and specifications, approved the location of service lines, and is in full accord therewith. Projects that are inactive for more than one year will be canceled, along with the Construction Agreement, if applicable. An unapproved plan will be canceled if more than one year has passed since the last review and the plan has not been resubmitted. An approved plan will be canceled if more than one year has passed since plan approval, and construction has not ENGINEERING AND INSPECTION When the cost of construction is greater than Twelve Thousand Five Hundred Dollars ($12,500.00), the Applicant shall employ a registered Civil Engineer to accomplish system design and to lay out and establish control lines and certify the layout according to the approved plans. Any inspector authorized by the Town shall have full inspection authority over the work to be performed hereunder. The Applicant shall furnish the Town Inspector with reasonable facilities for obtaining full information conceming the work. The work shall be subject to Town inspection at all times. Defective work shall be corrected in a manner satisfactory to the Town Inspector. Inspection by the Town is for the purpose of ensuring compliance with plans and specifications only. The Town makes no guarantee as to the safety or engineering soundness of plans prepared by Applicant or any contractor. 2 IV* In the event that, because of contractor scheduling, a Town Inspector is caused to work any overt/me, or during any hours other than a normal 40 hours in a work period, or on a legal holiday as defined by the Town, the Applicant or the contractor shall compensate the Town for any additional salaries, expenses or employee benefits relating to such overtime or holiday work. Such additional inspection costs will be billed to the Applicant. A normal work period shall be defined as forty (40) hours in a seven (7) day work period, usually worked on an eight (8) hour day, five (5) day basis, commencing on Monday and ending on Friday, continuing in seven (7) day increments. PRECONSTRUCTION PROCEDURE The Applicant shall submit a written request to begin construction to the Town five (5) working days prior to the time the work is to commence. 2. This Agreement shall be completed, signed and notarized, and returned to the Town prior to issuance of a construction permit. No work shall commence until the Town has issued a construction permit which will specify the staxting date and a reasonable time for completion. The work shall be commenced and carried on at such points and in such order as may be directed by the Town. Materials used in the construction shall be available for sampling and testing prior to being used in the work. Materials that fail to meet Town specification shall be removed fi.om the site. The Applicant s hall, a t Applicant's expense, obtain a 11 necessary permits a nd 1 icenses for work permitted herein, p ay a I1 fees a nd comply with all 1 aws, ordinances a nd regulations relating to the work, public health and safety, and safety of Applicant's employees or employees of Applicant's contractors. CONSTRUCTION 1. The Town shall be notified of the date upon which work shall be commenced. The Applicant, or Applicant's designated agent, shall be present at all times during performance of the work. The name of the designated agent and the contractor performing the work shall be furnished to the Town before commencement of the work. Instructions given the designated agent on the work site shall be deemed to have been given to the Applicant. The Applicant shall employ only competent and efficient laborers, mechanics or artisans on the work, and the Applicant agrees to perform the work diligently to complete the work on or before the completion date given in the "Notice to Proceed." The Applicant shall identify and locate all water valves prior to paving and set valve boxes to final grade aPter paving. The Applicant shall, at Applicant's expense, make any and all alterations to the existing water system either on-site or off-site necessitated by paving, drainage, or other improvements caused by this development. The Applicant shall require the Contractor or subcontractor to comply with all safety requirements of the Occupational Safety and Hazards Act as set forth by the Federal Government and as implemented by the State of Arizona. The Applicant or Applicant's contractor shall be solely responsible for all fmcs or other penalties provided for by law for any violations of the Occupational Safety Hazards Act. INDEMNITY In addition to any liability imposed by law, which liability is not affected hereby, on behalf of Applicant and any contractor hired by Applicant to perform any work hereunder, Applicant shall indemnify, defend, and save harmless the Town, its Mayor and Council, officers and employees, boards, committees and commissions fi.om and against any loss, claim, suit, demand, cause of action, or liability of any nature, including but not limited to damage to propeWy and injuries to persons, including death, arising or alleged to have arisen, in whole or in part, out of any negligent act or omission of Applicant or any such contractor or any subcontractor, or any person employed directly or indirectly, by any of them in the performance of any work or operations pursuant to this Agreement. DEDICATION The Applicant shall, and docs, hereby grant, bargain, sell, convey, transfer and deliver to the Town both said water facilities to be installed pursuant to this Agreement free and clear of all liens, claims, charges or encumbrances upon final acceptance of said work by the Town. The Applicant guarantees the work to be free fi.om all failures due to poor workmanship or materials for a period of two (2) years fi.om the final acceptance date by the Town. The Applicant shall not construct any utility, building, or other improvement that would interfere with the operation or maintenance of the waterline or water facility to be installed pursuant to this Agreement. The Applicant further guarantees that all service lines, meters, and meter boxes will be to finish grade and that Applicant will remain responsible for raising/lowering said services as required until the area described is fully developed. The Town shall accept title to and take possession of the said facility upon completion of said work to the satisfaction of the Town; and upon acceptance and approval of said work, the town shall operate and service said facility. MISCELLANEOUS THIS AGREEMENT shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties; provided however that Applicant may not assign this Agreement without the prior written consent of the Town. THIS AGREEMENT is subject to cancellation for conflict of interest pursuant to A.R.S. §38-511. 4 IN WITNESS WHEREOF, the Applicant has executed or has caused this instrument to be executed by its proper officers hereunto duly authorized, and the Town has caused this instrument to be executed by its proper officers thereunto duly authorized, all as of the day and year first above written. U S Home Applicant By: Signature Title Print Name Street Address City State Zip Code STATE OF ARIZONA) )SS. COUNTY OF PIMA ) On this, the day of , 2004, before me personally appeared , known to me to be the persons who subscribed the foregoing instrument and acknowledge that they executed the same for and on behalf of said person/corporation for the purposes and considerations therein expressed. IN W1TNESS WHEREOF, I have hereunto set my hand and official seal. Notary Public My Commission Expires: THE TOWN OF M_ARANA By: Bobby Sutton, Jr. Its: Mayor APPROVED AS TO FORM ATTEST: By: By:. Town Attorney Town Clerk EXHIBIT "A" LOCATION MAP OF ~ DEVELOPMENT WITH LEGAL DESCRIPTION [Please slip the location map of the development behind this cover sheet.] 6 EXHIBIT "B" INCORPORATION BY REFERENCE OF THE PLANS AND SPECIFICATIONS OF POTABLE AND NON-POTABLE ON-SITE WATER FACILITY TO BE CONSTRUCTED FI~,ILEUNDER Reference is hereby made to those certain 24" X 36" engineering drawings of the potable and non-potable On-Site Water Facility Plans. Copies of such engineering drawings may be reviewed at Marana's offices. Applicant will provide engineering drawings of the On-Site Water Facility in electronic format. Such engineering drawings may be more specifically described as follows: 7 EXHIBIT "C" ITEMIZED BREAKDOWN OF THE ESTIMATED COS~ OF TFIE ON-SITE WATER FACILITY TO BE CONSTRUCTED HI~J~EUNDER [Please slip a line by line itemized breakdown of the Estimated Cost of the On-Site Water Facility both potable and non-potable to be installed in accordance with this Agreement behind this cover sheet.] Please set forth the~total expense the Developer/Applicant is to incur for the construction. EXHIBIT "D" ACTUAL COST OF POTABLE AND NON-POTABLE ON-SITE WATER FACILITIES [To be attached at time of completion.] TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: June 15, 2004 AGENDA ITEM: TO: MAYOR AND COUNCIL FROM: C. Brad DeSpain, Utilities Director SUBJECT: Resolution No. 2004-79: Relating to Water Service; approving and authorizing the execution of the Agreement between the Town of Marana and Canoa Development Inc. for Construction of Water Facilities Under Private Contract for Continental Reserve Block 16B. DISCUSSION Canoa Development Inc. desires to install an On-Site Water Facility to provide service to al development known as Continental Reserve Block 16B. Pursuant to an Agreement between the Town of Marana and Canoa Development Inc. the developer will construct on-site water service facilities and then pass ownership of these facilities to the Town; the Town will then provide water service to Continental Reserve Block 16B. RECOMMENDATION The Water Utility Advisory Committee and Staff recommend approval of Resolution No. 2004-79, approving and authorizing the execution of the Agreement between the Town of Marana and Canoa Development Inc. for Construction of Water Facilities Under Private Contract for Continental Reserve Block 16B. SUGGESTED MOTION I move to adopt Resolution No. 2004-79. BLU Cont. Reserve 16B 06/07/20047:02 PM APM MARANA RESOLUTION NO. 2004-79 RELATING TO WATER SERVICE; APPROVING AND AUTHORIZING THE EXECUTION OF THE AGREEMENT BETWEEN THE TOWN OF MARANA AND CANOA DEVELOPMENT INC. FOR CONSTRUCTION OF WATER FACILITIES UNDER PRIVATE CONTRACT FOR CONTINENTAL RESERVE BLOCK 16B. WHEREAS, Canoa Development Inc. intends to facilitate the development of property to be called Continental Reserve Block 16B (the "Property"); and WHEREAS, Canoa Development Inc. desires to arrange for the provision of water service within the Property in connection with development; and WHEREAS, Marana is willing to provide water service to and within the Property in accordance with Chapter 14 of the Marana Town Code and in accordance with the terms of the Agreement; and WHEREAS, Canoa Development Inc. agrees to the construction of on-site water facilities for the Property; and WHEREAS, the Mayor and Council find that the terms and conditions of the Agreement are in the best interest of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Agreement for Construction of Water Facilities under Private Contract between the Town of Marana and Canoa Development Inc., attached as Exhibit A to and incorporated here by this reference, for construction of water facilities, is hereby authorized and approved. SECTION 2. The Mayor is hereby authorized and directed to execute, and the Town Clerk in hereby authorized and directed to attest to, said Exhibit A for and on behalf of the Town of Marana. SECTION 3. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this resolution. PASSED AND ADOPTED B Y T HE MAYOR A ND COUNCIL O F THE TOWN OF MARANA, ARIZONA, this 15th day of June, 2004. ATTEST: Mayor Bobby Sutton, Jr. Jocelya C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney RSO 040615 Continental Reserve 16B RSO 2004-79 2 APM 06/0612004 TOWN OF MARANA AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES UNDER PRIVATE CONTRACT THIS AGREEMENT (this "Agreement"), authorized by Chapter 14 of the Marana Municipal Code, made and entered into this 15th day of June 2004, by and between the TOWN OF MARANA, hereinafter called the Town, and CANOA DEVELOPMENT INC., hereinafter called the Applicant. W1TNESSETH: WHEREAS, t he Applicant desires t o install a water facility t o provide service to t he following described parcel of land (Block 16B, Continental Reserve) described on Exhibit "A" attached hereto; and WHEREAS, the following special condition(s) applies to the above-described property only when so indicated by an "X" next to the condition described below: X (3) Prior to the final inspection, Applicant shall pay to the Town all applicable fees as authorized by the Marana Municipal Water Code. X (7) The installation charge for each five-eighth-inch (5/8") meter will be Eleven Hundred Dollars ($1,100.00). WHEREAS, the required plans, specifications, and materials for said facility have been approved by the Town; and WltEREAS, the Applicant desires that the Town take ownership of, operate, and service said water facility; and WHEREAS, the Town is willing to accept said facility and permit it to be connected to the Town Water System provided it meets Town standards and the work is done in accordance with Town requirements. NOW, THEREFORE, in consideration of the matters and conditions herein set forth, IT IS HEREBY AGREED AS FOLLOWS: I. GENERAL The Applicant shall design and install, at Applicant's own expense, a water facility in accordance with Plan No. ENG 0404-018 and shall conform to the design standards of the City of Tucson Water Department and the Town of Marana Municipal Water Code and special specifications and details as approved by the Town and by this reference made a part hereof. The document referenced herein as Plan No. ENG 0404-018 shall include a plan note for new water facility and any and all alterations to the existing water system and is included herein as Exhibit "B." The work permitted by this Agreement shall be done by a contxactor properly licensed by the State of Arizona as determined by the Arizona Registrar of Contractors (A, A-12, A-16) to perform work described herein in accordance with plans approved by the Town. Before any service connections are made to the system herein permitted, the Applicant shall pay to the Town the connection fees required by the Marana Municipal Water Code or any other required fees referenced therein. No service connections will be made until the system has been accepted by the Town in accordance with the Mamna Municipal Water Code. Any property connecting onto a water main must have a minimum of fifteen feet (15') of frontage upon that main. The provision or existence of a water or other utility easement shall not constitute frontage for purposes of this paragraph. Meter application will be accepted only if the property to be served is fronting the waterline. Only one water meter application will be allowed per legal description unless property owner can provide the Town with justified plans as to what type of improvement/development is taking place un the parcel of land. If a property owner applies for a meter while the property is fronting the water main and later sells that portion of land which is flxmting the water main, the water meter will revert to the new owner unless other arrangements are made and are approved by Engineering Support Services prior to conveyance. The Applicant shall furnish all labor, materials, equipment, supplies, and tools required to complete the work herein permitted. Execution of this Agreement certifies that the Applicant has reviewed the plans and specifications, approved the location of service lines, and is in full accord therewith. Projects that are inactive for more than one year will be canceled, along with the Construction Agreement, if applicable. An unapproved plan will be canceled if more than one year has passed since the last review and the plan has not been resubmitted. An approved plan will be canceled if more than one year has passed since plan approval, and construction has not begun. ENGINEERING AND INSPECTION When the cost of construction is greater than Twelve Thousand Five Hundred Dollars ($12,500.00), the Applicant shall employ a registered Civil Engineer to accomplish system design and to lay out and establish control lines and certify the layout according to the approved plans. Any inspector authorized by the Town shall have full inspection authority over the work to be performed hereunder. The Applicant shall furnish the Town Inspector with reasonable facilities for obtaining full information concerning the work. The work shall be subject to Town inspection at all times. Defective work shall be corrected in a manner satisfactory to the Town Inspector. Inspection by the Town is for the purpose of ensuring compliance with plans and specifications only. The Town makes no guarantee as to the safety or engineering soundness of plans prepared by Applicant or any contractor. In the event that, because of contractor scheduling, a Town Inspector is caused to work any overtime, or during any hours other than a normal 40 hours in a work period, or on a legal holiday as defined by the Town, the Applicant or the contractor shall compensate the Town for any additional salaries, expenses or employee benefits relating to such overtime or holiday work. Such additional inspection costs will be billed to the Applicant. A normal work period shall be defined as forty (40) hours in a seven (7) day work period, usually worked on an eight (8) hour day, five (5) day basis, commencing on Monday and ending on Friday, continuing in seven (7) day increments. PRECONSTRUL'FiON PROCEDURE The Applicant shall submit a written request to begin construction to the Town five (5) working days prior to the time the work is to commence. 2. This Agreement shall be completed, signed and notarized, and returned to the Town prior to issuance of a construction pernut. No work shall commence until the Town has issued a construction permit which will specify the starting date and a reasonable time for completion. The work shall be commenced and can'ied on at such points and in such order as may be directed by the Town. Materials used in the construction shall be available for sampling and testing prior to being used in the work. Materials that fail to meet Town specification shall be removed fi.om the site. The Applicant s hall, a t Applicant's expense, obtain a 11 necessary permits a nd 1 icenses for work p emiltted herein, p ay a 11 fees a nd comply with all 1 aws, ordinances a nd regulations relating to the work, public health and safety, and safety of Applicant's employees or employees of Applicant's contractors. CONSTRUCTION 1. The Town shall be notified of the date upon which work shall be commenced. The Applicant, or Applicant's designated agent, shall be present at all times during performance of the work. The name of the designated agent and the contractor performing the work shall be furnished to the Town before commencement of the work. Instructions given the designated agent on the work site shall be deemed to have been given to the Applicant. The Applicant shall employ only competent and efficient laborers, mechanics or artisans on the work, and the Applicant agrees to perform the work diligently to complete the work on or before the completion date given in the "Notice to Proceed." The Applicant shall identify and locate all water valves prior to paving and set valve boxes to final grade atter paving, x The Applicant shall, at Applicant's expense, make any and all alterations to the existing water system either on-site or off-site necessitated by paving, drainage, or other improvements caused by this development. The Applicant shall require the Contractor or subcontractor to comply with all safety requirements of the Occupational Safety and Hazards Act as set fo~h by the Federal Government and as implemented by the State of Arizona. The Applicant or Applicant's contractor shall be solely responsible for all fines or other penalties provided for by law for any violations of the Occupational Safety Hazards Act. In addition to any liability imposed by law, which liability is not affected hereby, on behalf of Applicant and any contractor hired by Applicant to perform any work hereunder, Applicant shall indenmify, defend, and save harmless the Town, its Mayor and Council, officers and employees, boards, committees and commissions from and against any loss, claim, suit, demand, cause of action, or liability of any nature, including but not limited to damage to ~roperty and injuries to persons, including death, arising or alleged to have arisen, in whole or m part, out of any negligent act or omission of Applicant or any such contractor or any subcontractor, or any person employed directly or indirectly, by any of them in the performance of any work or operations pursuant to this Agreement. VI. DEDICATION The Applicant shall, and does, hereby grant, bargain, sell, convey, transfer and deliver to the Town said water facility to be installed pursuant to this Agreement free and clear of all liens, claims, charges or encumbrances upon final acceptance of said work by the Town. The Applicant guarantees the work to be free fi'om all failures due to poor workmanship or materials for a period of two (2) years from the final acceptance date by the Town. The Applicant shall not construct any utility, building, or other improvement that would interfere with the operation or maintenance of the waterline or water facility to be installed pursuant to this Agreement. The Applicant further guarantees that all service lines, meters, and meter boxes will be to finish grade and that Applicant will remain responsible for raising/lowering said services as requk,~d until the area described is fully developed. The Town shall accept title to and take possession of the said facility upon completion of said work to the satisfaction of the Town; and upon acceptance and approval of said work, the town shall operate and service said facility. THIS AGREEMENT shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties; provided however that Applicant may not assign this Agreement without the prior written consent of the Town. THIS AGREEMENT is subject to cancellation for conflict of interest pursuant to A.R.S. §38-511. [The remainder of this page intentionally left blank] IN WITNESS WHEREOF, the Applicant has executed or has caused this instrument to be executed by its proper officers hereunto duly authorized, and the Town has caused this instrument to be executed by its proper officers thereunto duly authorized, all as of the day and year first above written. CANOA DEVELOPMENT INC. Applicant By:_ Signature Title Print Name 310 S. Williams Blvd., Suite 340 Street Address Tucson, AZ 85711 City State Zip Code STATE OF ARIZONA) ) SS. COUNTY OF PIMA ) On this, the day of , 2004, before me personally appeared ., known to me to be the persons who subscribed the foregoing instrument and acknowledge that they executed the same for and on behalf of said person/corporation for the purposes and considerations therein expressed. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Public My Commission Expires: THE TOWN OF MARANA By: Bobby Sutton, Jr. Its: Mayor APPROVED AS TO FORM ATTEST: By: By: Town Attorney Town Clerk ExmBIT "A- LOCATION MAP OF THE DEVELOPMENT WITH LEGAL DESCRIPTION [Please slip the location map of the development behind this cover sheet.] EXHIBIT "B" INCORPORATION BY REFERENCE OF THI~; PLANS AND SPECIFICATIONS OF THE ON-SITE WATER FACILITY TO BE CONSTRUCTED HERi~,UNDER Reference is hereby made to those certain 24" X 36" engineering drawings of the On-Site Water Facility Plans. Copies of such engineering drawings may be reviewed at Marana's offices. Applicant will provide engineering drawings of the On-Site Water Facility in electronic format. Such engineering drawings may be more specifically described as follows: [Please provide a detailed description of the Plans and Specifications including the date and the code number of the Plans and the name of the Engineering firm which prepared the same.] EX//Ii~IT "C' ITEMIZED BREAKDOWN OF 'I'HE ESTIMATED COST OF THE ON-SITE WATER FACILITY TO BE CONSTRUCTED H [Please slip a line by line itemized breakdown of the Estimated Cost of the On-Site Water Facility to be installed in accordance with this Agreement behind this cover sheet.] Please set forth the total expense the Developer/Applicant is to incur for the construction. EXHIBIT "D" ACTUAL COST OF ON-SITE WATER FACILITIES [To be attached at time of completion.] TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: June 15, 2004 AGENDA ITEM: IX. A. 8 TO: MAYOR AND COUNCIL FROM: C. Brad DeSpain, Utilities Director SUBJECT: Resolution No. 2004-80: Relating to Water Service; approving and authorizing the execution of the Agreement between the Town of Marana and Pima Aviation, Inc. for Construction of Water Facilities Under Private Contract for Marana Regional Airport T Hangars. DISCUSSION Pima Aviation, Inc. desires to install an On-Site Water Facility to provide service to a development known as Marana Regional Airport T Hangars. Pursuant to an Agreement between the Town of Marana and Pima Aviation, Inc. the developer will construct on-site water service facilities and then pass ownership of these facilities to the Town; the Town will then provide water service to the Marana Regional Airport T Hangars. RECOMMENDATION The Water Utility Advisory Committee and Staff recommend approval of Resolution No. 2004-80, approving and authorizing the execution of the Agreement between the Town of Marana and Pima Aviation, Inc. for Construction of Water Facilities Under Private Contract for Marana Regional Airport T Hangars. SUGGESTED MOTION I move to adopt Resolution No. 2004-80. BLU Pima .4viation, T Hangers 06/08/200411:25.4M~4PM MARANA RESOLUTION NO. 2004-80 RELATING TO WATER SERVICE; APPROVING AND AUTHORIZING THE EXECUTION OF THE AGREEMENT BETWEEN THE TOWN OF MARANA AND PIMA AVIATION, INC. FOR CONSTRUCTION OF WATER FACILITIES UNDER PRIVATE CONTRACT FOR MARANA REGIONAL AIRPORT T HANGARS. WHEREAS, Pima Aviation, Inc. intends to facilitate the development of property to be called Marana Regional Airport T Hangars (the "Property"); and WHEREAS, Pima Aviation, Inc. desires to arrange for the provision of water service within the Property in connection with development; and WHEREAS, Marana is willing to provide water service to and within the Property in accordance with Chapter 14 of the Marana Town Code and in accordance with the terms of the Agreement; and WHEREAS, Pima Aviation, Inc. agrees to the construction of on-site water facilities for the Property; and WHEREAS, the Mayor and Council find that the terms and conditions of the Agreement are in the best interest of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Agreement for Construction of Water Facilities under Private Contract between the Town of Marana and Pima Aviation, Inc., attached as Exhibit A to and incorporated here by this reference, for construction of water facilities, is hereby authorized and approved. SECTION 2. The Mayor is hereby authorized and directed to execute, and the Town Clerk in hereby authorized and directed to attest to, said Exhibit A for and on behalf of the Town of Marana. SECTION 3. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this resolution. PASSED A ND ADOPTED B Y T HE MAYOR A ND COUNCIL O F THE TOWN OF MARANA, ARIZONA, this 15t~ day of June, 2004. ATTEST: Mayor Bobby Sutton, Jr. Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney P-,SO 040615 pima Aviafion-T Hangers RSO 2004-80 2 APM 06/06/2004 TOWN OF MARANA AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES UNDER PRIVATE CONTRACT THIS AGREEMENT (this "Agreement"), authorized by Chapter 14 of the Marana Municipal Code, made and entered into this 15th day of June 2004, by and between the TOWN OF MARANA, hereinafter called the Town, and PIMA AVIATION, 1NC., hereinafter called the Applicant. WITNESSETH: WHEREAS, the Applicant desires to install a water facility to provide service to the following described parcel of land (Marana Northwest Regional Airport T Hangars) described on Exhibit "A" attached hereto; and WHEREAS, the following special condition(s) applies to the above-described property only when so "X" nex ' ' ' indicated by an t to the cond~tlon described below: X (1) Prior to the final inspection, Applicant shall pay to the Town all applicable fees as authorized by the Marana Municipal Water Code. X .(2) Town agrees to reimburse the Developer for the cost differential for constructing excess facility's capacity in accordance with the rates as specified herein and in the Marana Municipal Water Code (or as amended thereat~er). Reimbursement payment shall be initiated upon "final acceptance" of the facilities by the Town. X .(3) The installation charge for each five-eighth-inch (5/8") meter will be Nine Hundred Dollars ($900.00). WHEREAS, the required plans, specifications, and materials for said facility have been approved by the Town; and WHEREAS, the Applicant desires that the Town take ownership of, operate, and service said water facility; and WHEREAS, the Town is willing to accept said facility and permit it to be connected to the Town Water System provided it meets Town standards and the work is done in accordance with Town requirements. NOW, THEREFORE, in consideration of the matters and conditions herein set forth, IT IS HEREBY AGREED AS FOLLOWS: I. GENERAL II. The Applicant shall design and install, at Applicant's own expense, a water facility in accordance with Plan No. ENG- 0404-008 and shall conform to the design standards of the City of Tucson Water Department and the Town of Marana Municipal Water Code and special specifications and details as approved by the Town and by this reference made a part hereof. The document referenced herein as Plan No. ENG-0404-008 shall include a plan note for new water facility and any and all alterations to the existing water system and is included herein as Exhibit "B." The work permitted by this Agreement shall be done by a contractor properly licensed by the State of Arizona as determined by the Arizona Registrar of Contractors (A, A-12, A-16) to perform work described herein in accordance with plans approved by the Town. Before any service connections are made to the system herein permitted, the Applicant shall pay to the Town the connection fees required by the Marana Municipal Water Code or any other required fees referenced therein. 4. No service connections will be made until the system has been accepted by the Town in accordance with the Marana Municipal Water Code. Any property connecting onto a water main must have a minimum of fifteen feet (15') of frontage upon that main. The provision or existence of a water or other utility easement shall not constitute frontage for purposes of this paragraph. Meter application will be accepted only if the property to be served is fronting the waterline. Only one water meter application will be allowed per legal description unless property owner can provide the Town with justified plans as to what type of impmvemant/development is taking place on the parcel of land. If a property owner applies for a meter while the property is fronting the water main and later sells that portion of land which is fronting the water main, the water meter will revert to the new owner unless other arrangements are made and are approved by Engineering Support Services prior to conveyance. o The Applicant shall furnish all labor, materials, equipment, supplies, and tools required to complete the work herein permitted. Execution of this Agreement certifies that the Applicant has reviewed the plans and specifications, approved the location of service tines, and is in full accord therewith. Projects that are inactive for more than one year will be canceled, along with the Construction Agreement, if applicable. An unapproved plan will be canceled if more than one year has passed since the last review and the plan has not been resubmitted. An approved plan will be canceled if more than one year has passed since plan approval, and construction has not begun. ENGINEERING AND INSPECTION When the cost of construction is greater than Twelve Thousand Five Hundred Dollars ($12,500.00), the Applicant shall employ a registered Civil Engineer to accomplish system design and to lay out and establish control lines and certify the layout according to the approved plans. Any inspector authorized by the Town shall have full inspection authority over the work to be performed hereunder. The Applicant shall furnish the Town Inspector with reasonable facilities for obtaining full information concerning the work. The work shall be subject to WSA Pima Aviation T Hangars 2 III. Town inspection at all times. Defective work shall be corrected in a manner satisfactox,y to the Town Inspector. Inspection by the Town is for the purpose of ensuring compliance with plans and specifications only. The Town makes no guarantee as to the safety or engineering soundness of plans prepared by Applicant or any contractor. In the event that, because of contractor scheduling, a Town Inspector is caused to work any overtime, or during any hours other than a normal 40 hours in a work period, or on a legal holiday as defined by the Town, the Applicant or the contractor shall compensate the Town for any additional salaries, expenses or employee benefits relating to such overtime or holiday work. Such additional inspection costs will be billed to the Applicant. A normal work period shall be defined as forty (40) hours in a seven (7) day work period, usually worked on an eight (8) hour day, five (5) day basis, commencing on Monday and ending on Friday, continuing in seven (7) day increments. PRECONSTRUCTION PROCEDURE The Applicant shall submit a written request to begin construction to the Town five (5) working days prior to the time the work is to commence. This Agreement shall be completed, signed and notarized, and returned to the Town prior to issuance of a construction permit. No work shall commence until the Town has issued a construction permit which will specify the starting date and a reasonable time for completion. 4. The work shall be commenced and carried on at such points and in such order as may be directed by the Town. 5. Materials used in the construction shall be available for sampling and testing prior to being used in the work. Materials that fail to meet Town specification shall be removed from the site. The Applicant shall, at Applicant's expense, obtain all necessary permits and licenses for work permitted herein, pay all fees and comply with all laws, ordinances and regulations relating to the work, public health and safety, and safety of Applicant's employees or employees of Applicant's contractors. CONSTRUCTION 1. The Town shall be notified of the date upon which work shall be commenced. The Applicant, or Applicant's designated agent, shall be present at all times during performance of the work. The name of the designated agent and the contractor performing the work shall be furnished to the Town before commencement of the work. Insauctions given the designated agent on the work site shall be deemed to have been given to the Applicant. The Applicant shall employ only competent and efficient laborers, mechanics or artisans on the work, and the Applicant agrees to perform the work diligently to complete the work on or before the compleUon date given m the Nottce to Proceed." The Applicant shall identify and locate all water valves prior to paving and set valve boxes to final grade after paving. WSA Pima Aviation T Hangars 3 The Applicant shall, at Applicant's expense, make any and all alterations to the existing water system either on-site or off-site necessitated by paving, drainage, or other improvements caused by this development. The Applicant shall require the Contractor or subcontractor to comply with all safety requirements of the Occupational Safety and Hazards Act as set forth by the Federal Government and as implemented by the State of Arizona. The Applicant or Applicant's contractor shall be solely responsible for all fines or other penalties provided for by law for any violations of the Occupational Safety Hazards Act. INDEMNITY In addition to any liability imposed by law, which liability is not affected hereby, on behalf of Applicant and any contractor hired by Applicant to perform any work hereunder, Applicant shall indemnify, defend, and save harmless the Town, its Mayor and Council, officers and employees, boards, committees and commissions from and against anY loss, claim, suit, demand, cause of action, or liability of any nature, including but not limited to damage to property and injuries to persons, including death, arising or alleged to have arisen, in whole or in part, out of any negligent act or omission of Applicant or any such contractor or any subcontractor, or any person employed directly or indirectly, by any of them in the performance of any work or operations pursuant to this Agreement. VI. DEDICATION The Applicant shall, and does, hereby grant, bargain, sell, convey, transfer and deliver to the Town said water facility to be installed pursuant to this Agreement fi'ce and clear of all liens, claims, charges or encumbrances upon final acceptance of said work by the Town. The Applicant guarantees the work to be free from all failures due to poor workmanship or materials for a period of two (2) years from the final acceptance date by the Town. The Applicant shall not construct any utility, building, or other improvement that would interfere with the operation or maintenance of the waterline or water facility to be installed pursuant to this Agreement. The Applicant further guarantees that all service lines, meters, and meter boxes will be to finish grade and that Applicant will remain responsible for raising/lowering said services as required until the area described is fully developed. The Town shall accept title to and take possession of the said facility upon completion of said work to the satisfaction of the Town; and upon acceptance and approval of said work, the town shall operate and service said facility. VII. MISCELLANEOUS THIS AGREEMENT shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties; provided however that Applicant may not assign this Agreement without the prior written consent of the Town. THIS AGREEMENT is subject to cancellation for conflict of interest pursuant to A.R.S. {}38-511. WSA Pinna Aviation T Hangars 4 IN WITNESS WHEREOF, the Applicant has executed or has caused this instrument to be executed by its proper officers hereunto duly authorized, and the Town has caused this instrument to be executed by its proper officers thereunto duly authorized, all as of the day and year first above written. By:. Pima Aviation, Inc. Applicant Signature Title Print Name S~eet Address City State Zip Code STATE OF ARIZONA) ) SS. COUNTY OF PIMA ) On this, the day of , 2004 before me personally appeared , known to me to be the persons who subscribed the foregoing instrument and acknowledge that they executed the same for and on behalf of said person/corporation for the purposes and considerations therein expressed. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Public My Commission Expires: THE TOWN OF MARANA By: Bobby Sutton, Jr. Its: Mayor APPROVED AS TO FORM ATTEST: By: By:. Town Attorney Town Clerk WSA Pima Aviation T Hangars 5 EXHIBIT "A" LOCATION MAP OF THE DEVELOPMENT WITH LEGAL DESCRIPTION [Please slip the location map of the development behind this cover sheet.] WSA Pima Aviation T Hangars 6 EXHIBIT "B" INCORPORATION BY REFERENCE OF THE PLANS AND SPECIFICATIONS OF THE ON-SITE WATER FACILITY TO BE CONSTRUCTED HEREUNDEI~ Reference is hereby made to those certain 24" X 36" engineering drawings of the On-Site Water Facility Plans. Copies of such engineering drawings may be reviewed at Marana's offices. Applicant will provide engineering drawings of the On-Site Water Facility in electronic format. Such engineering drawings may be more specifically described as follows: [Please provide a detailed description of the Plans and Specifications including the date and the code number of the Plans and the name of the Engineering firm which prepared the same.] WSA Pima Aviation T Hangars 7 EXHIBIT "C ITEMIZED BREAKDOWN OF THE ESTIMATED COST OF THE ON-SITE WATER FACILITY TO BE CONSTRUCTED HEREUNDER [Please slip a line by line itemized breakdown of the Estimated Cost of the On-Site Water Facility to be installed in accordance with this Agreement behind this cover sheet.] Please set forth the total expense the Developer/Applicant is to incur for the construction. WSA Pima Aviation T Hangars 8 EXHIBIT "D ACTUAL COST OF ON-SITE WATER FACILITI~,~ [To be attached at time of completion.] WSA Pima Aviation T Hangars 9 TOWN COUNCIL MEETING INFORMATION MEETING DATE: TO: FROM: SUBJECT: TOWN OF MARANA June 15, 2004 AGENDA ITEM: MAYOR AND COUNCIL Jim DeGrood, P.E., Executive Asst. to the Town Manager for Special Projects Resolution No. 2004-81: Relating to Development; releasing the Assurance Agreement for Quail Crossing IL Trust No. 4699, and accepting Public Improvements for Maintenance. DISCUSSION Approval of Resolution No. 2004-81 will release the Assurance Agreement between U.S. Home Corporation under Trust No. 4699 and First American Title Insurance Company, and Town of Marana, regarding Quail Crossing as depicted on Exhibit A. The subdivision is recorded in Book 55 of Maps and Plats, Page 22 (4 pages), Pima County Recorder's Office, Arizona. In releasing said Assurance Agreement, the Town of Marana will accept for maintenance approximately 1.22 miles of the following paved streets. · Bass Canyon Drive · Bass Butte Lane · Carpas Cour~ · Cenozoic Drive · Mesozoic Drive · Paleozoic Drive · Suizo Court · Wild Burro Spring Drive Moreover, Common Areas A (Open Space) & B (Drainage Facility), as depicted on Exhibit A, will be owned and maintained by an Association of Individual Lot Owners as stipulated in the Covenants, Conditions and Restrictions recorded at Docket 10660, Page 1083 and supplementary declaration of CC&R's and easements recorded in Docket 10996 Page 2965, in the office of the Pima County Recorder. RECOMMENDATION Staff recommends that Council release the Assurance Agreement between U.S. Home Corporation, under Trust No. 4699 and First American Title Insurance Company, and Town of Marana. SUGGESTED MOTION I move that the Council adopt Resolution No. 2004-81. Res. 2004-81 06/08/2004/12:09 PM MARANA RESOLUTION NO. 2004-81 RELATING TO DEVELOPMENT; RELEASING THE ASSURANCE AGREEMENT FOR QUAIL CROSSING II, TRUST NO. 4699, AND ACCEPTING PUBLIC IMPROVEMENTS FOR MAINTENANCE. WHEREAS, Quail Crossing II is a 39.30 acre subdivision located south of Moore Road, east of Dove Mountain Boulevard containing Lots 1-130, Common Areas A & B, and is recorded at the Pima County Recorder's Office in Book 55 of Maps and Plats, Page 22; and WHEREAS, the Town has previously entered into an Assurance Agreement with U.S. Home Corporation, (beneficiary) under Trust No. 4699 and First American Title Insurance Company, (trustee), recorded at the Pima County Recorder's Office at Docket 11648, Page 2310, assuring the completion of public improvements; and WHEREAS, U.S. Home Corporation, has completed the public improvements acceptable to Town standards in accordance with the Assurance Agreement for Quail Crossing II; and NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana as follows: Section 1. Quail Crossing II, lots 1 through 130, and Common Areas A & B, are hereby released from the Assurance Agreement with U.S. Home Corporation, under Trust No. 4699 and First American Title Insurance Company. Section 2. The Town accepts for maintenance, including maintenance of regulatory traffic control and street signs, 1.22 miles of paved streets for the following appurtenances, as depicted on Exhibit A: a) Bass Canyon Drive b) Bass Butte Lane c) Carpas Court d) Cenozoic Drive e) Mesozoic Drive f) Paleozoic Drive g) Suizo Court h) Wild Burro Spring Drive Page 1 of 2 Marana, Arizona R~olufion No. 2004-81 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 15th day of June, 2004. ATTEST: Mayor BOBBY SUTTON, JR. Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: Frank Cassidy Town Attorney Page2 of 2 Marana, Arizom Resolution No. 201M-81 II illlllltlttllltlllllll I/ ill -,,,% 'A~-OO~g TOWN COUNCIL MEETING INFORMATION MEETING DATE: TOWN OF MARANA June 15, 2004 AGENDA ITEM: TO: MAYOR AND COUNCIL FROM: IX. A. 10 SUBJECT: Jim DeGrood, P.E., Executive Asst. to the Town Manager for Special Projects Resolution No. 2004-82: Relating to Development; releasing the Assurance Agreement for Hartman Ten, Trust No. 60,013, and accepting Public Improvements for Maintenance. DISCUSSION Approval of Resolution 2004-082 will release the Assurance Agreement between Walter S. Fruit, under Trust No. 60,013 and Fidelity National Title and the Town of Marana, regarding Ha~i~atn Ten as depicted on Exhibit A. The subdivision is recorded in Book 53 of Maps and Plats, Page 8, Pima County Recorders Office, Arizona. In releasing said Assurance Agreement, the Town of Marana will accept for maintenance, including regulatory traffic control signs and street signs, approximately 0.08 miles of the following paved streets. · Kara Nicole Court RECOMMENDATION Staff recommends that Council release the Assurance Agreement between Walter S. Fruit, under Trust No. 60,013 and Fidelity National Title and the Town of Marana. SUGGESTED MOTION I move that the Council adopt Resolution No. 2004-82. 06/08/2004/12:13PM MARANA RESOLUTION NO. 2004-82 RELATING TO DEVELOPMENT; RELEASING THE ASSURANCE AGREEMENT FOR HARTMAN TEN, TRUST NO. 60,013, AND ACCEPTING PUBLIC IMPROVEMENTS FOR MAINTENANCE. WHEREAS, Hartman Ten is a 9.93 acre subdivision located north of Cortaro Road, west of Hartman Lane containing Lots 1-10 and is recorded at the Pima County Recorder's Office in Book 53 of Maps and Plats, Page 8; and WHEREAS, the Town has previously entered into an Assurance Agreement with Walter S. Fruit, (beneficiary) under Trust No. 60,013 and Fidelity National Title, (trustee), recorded at the Pima County Recorder's Office at Docket 11894, Page 5202, assuring the completion of public improvements; and WHEREAS, Walter S. Fruit, has completed the public improvements acceptable to Town standards in accordance with the Assurance Agreement for Hartman Ten; and NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana as follows: Section 1. Hartman Ten, lots 1 through 10 are hereby released from the Assurance Agreement with Walter S. Fruit under Trust No. 60,013, and Fidelity National Title. Section 2. The Town accepts for maintenance, including maintenance of regulatory traffic control and street signs, 0.08 miles of paved streets for the following appurtenances, as depicted on Exhibit A: a. Kara Nicole Court Page 1 of 2 Maxam, Arizona Re~olution No. 2004-82 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 15th day of June, 2004. ATTEST: Mayor BOBBY SUTTON, JR. Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Page 2 of 2 Marana, Arizona Resolution No. 2004-82 e~ qSql4 lqgl..1 II TOWN COUNCIL MEETING INFORMATION MEETING DATE: TOWN OF MARANA June 15, 2004 AGENDA ITEM: TO: MAYOR AND COUNCIL FROM: IX.A. 11 SUBJECT: Monica Moxley, E.I.T., Traffic Engineering Technician Resolution No. 2004-83: Relating to Traffic Safety; approving the submission of projects for consideration in Arizona's 2004 Governor's Office of Highway Safety DISCUSSION The Public Works Department has submitted a request for funding in the form of a reimbursable grant from the National Highway Traffic Safety Administration and the Federal Highway Administration through the Governor's Office of Highway Safety (GOHS). The Town Council must approve the submittal of the request for funding before any consideration is granted. Staff should receive notification from the GOHS in October as to whether this grant is approved. Town Staff has submitted a grant proposal application requesting monies from the GOHS for the 2005 Federal Fiscal Year. The monies being requested will be used to develop a traffic accident records database for the Traffic Engineering Division with the capability of interpreting accident records and producing collision diagrams and reports, which are necessary to perform comprehensive traffic engineering studies. RECOMMENDATION Staff recommends Mayor and Council approval of Resolution No. 2004-83 for the submission of projects for consideration in Arizona's 2004 Highway Safety Plan. SUGGESTED MOTION I move to approve Resolution No. 2004-83. Engineering 06/09/2004/12:07 PM MARANA RESOLUTION NO. 2004-83 RELATING TO TRAFFICE SAFETY; APPROVAL FOR THE SUBMISSION OF PROJECTS FOR CONSIDERATION IN ARIZONA'S 2004 HIGHWAY SAFETY PLAN. WHEREAS, the Governor's Office of Highway Safety is seeking proposals from state and local agencies for projects relating to all aspects of highway safety; and WHEREAS, the Town of Marana, through the Public Works Department, is interested in submitting projects to be considered for funding in the form of reimbursable grants from the National Highway Traffic Safety Administration; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: 1. That approval of the submission of projects for consideration in Arizona's 2004 (requested fiscal year) Highway Safety Plan is granted. 2. That H. Thomas Gill, Jr., Assistant Public Works Director is appointed agent for the Town of Marana, to conduct all negotiations and to execute and submit all documents and any other necessary or desirable instruments in connection with such grant. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 15th day of June, 2004. ATTEST: Mayor BOBBY SUTTON, JR. Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney TOWN COUNCIL MEETING INFORMATION MEETING DATE: TO: FROM: SUBJECT: TOWN OF MARANA June 15, 2004 AGENDA ITEM: MAYOR AND COUNCIL Frank Cassidy, Town Attorney IX. A.12 Resolution No. 2004-77: Relating to Economic Development; authorizing a first amendment to the contract for services between the Town of Marana and the Marana Chamber of Commerce. DISCUSSION The Town of Marana and the Marana Chamber of Commerce entered into a Contract for Services dated December 18, 2001. The Contract for Services references a "beer garden" activity undertaken by the Chamber as part of the annual Star Spangled 4th of July Celebration. The Town and the Chamber now desire to give the Chamber flexibility to undertake other special th event activities as part of the Star Spangled 4 of July Celebration. A First Amendment to the Contract for Services needs to be executed in order to provide this flexibility and is attached as Exhibit A to Resolution No. 2004-77 for your consideration. RECOMMENDATION Staffrecommends adoption of Resolution No. 2004-77, approving this Amendment. SUGGESTED MOTION I move to adopt Resolution No. 2004-77. BLU 040615 1st Amendment to Chamber Contract. doc 040525 F, lC/cds MARANA RESOLUTION NO. 2004-77 RELATING TO ECONOMIC DEVELOPMENT; AUTHORIZING A FIRST AMENDMENT TO THE CONTRACT FOR SERVICES BETWEEN THE TOWN OF MARANA AND THE MARANA CHAMBER OF COMMERCE. WHEREAS, the Town of Marana and the Marana Chamber of Commerce entered into a Contract for Services dated December 18, 2001; and WHEREAS, the Contract for Services references a "beer garden" activity undertaken by the Chamber as part of the annual Star Spangled 4t~ of July Celebration; and WHEREAS, the Town of Marana desires to give the Chamber flexibility to undertake other special event activities as part of the Town's Star Spangled 4th of July Celebration. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The First Amendment to the Contract for Services Between the Town of Marana and the Marana Chamber of Commerce attached to and incorporated by this reference in this resolution as Exhibit A is hereby authorized and approved. SECTION 2. The Mayor is hereby authorized to execute said Exhibit A and the Town Clerk is hereby authorized to attest thereto for and on behalf of the Town of Marana. SECTION 3. The Town Manager, Town Attorney and other Town staff are hereby authorized to undertake all other tasks required to carry out the terms, obligations, and objectives of said Exhibit A. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 15th day of June, 2004. ATTEST: Mayor Bobby Sutton, Jr. Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attomey RSO 040615 1st Amendment to Chamber Contract. doc 040525 FJC/cds FIRST AMENDMENT TO CONTRACT FOR SERVICES BETWEEN THE TOWN OF MARANA AND THE MARANA CHAMBER OF COMMERCE This AMENDMENT is made and entered into by the MARANA CHAMBER OF COMMERCE, herein referred to as "Chamber" and the Tow~ OF MARANA, Arizona, herein referred to as "Town." The Chamber and the Town are sometimes collectively referred to in this Amendment as the "Parties." RECITALS A. The Parties entered into a Contract for Services dated December 18, 2001 (the "Original Contract"), which was approved by the adoption of Marana Resolution No. 2001-157. B. Paragraph 4(B) of the Original Contract references a "beer garden" activity under- taken by the Chamber as part of the annual Star Spangled 4th of July Celebration. C. The Parties desire to give the Chamber flexibility to undertake other special event activities as part of the Town's Star Spangled 4th of July Celebration. AGREEMENT Now THEREFORE, the Parties do hereby mutually agree as follows: 1. Paragraph 4(B) of the Original Contract is hereby amended by replacing the last two sentences with the following: All revenues and expenditures for the event will be the responsibility of the Town of Marana, with the exception of one special event sponsored by the Chamber. The special event may be a beer garden, a family ice cream event, or another event that is mutually acceptable to the Town Manager and the Executive Director of the Chamber. 2. Except as modified by this Amendment, the Original Contract remains in full force and effect in accordance with its original terms. IN WITNESS WHEREOF, the parties have set their signatures this 2004. day of TOWN OF MARANA, ARIZONA MARANA CHAMBER OF COMMERCE Mayor Bobby Sutton ATTEST: Ed Stolmaker, Executive Director $ocelyn Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney MSC 040525 Contract Amend - Chamber of Commerce.doc 2 FJC/cds TOWN COUNCIL MEETING INFORMATION MEETING DATE: TO: FROM: SUBJECT: TOWN OF MARANA June 15, 2004 AGENDA ITEM: MAYOR AND COUNCIL Roy Cuaron, Finance Director PUBLIC HEARING. Resolution No. 2004-85: Relating to Budget; adopting the Fiscal 2004-2005 Final Budget DISCUSSION On June 1, 2004, Mayor and Council adopted a tentative budget for fiscal 2004-2005. In adopting the tentative budget, Mayor and Council established the upper spending limits for the Town for the fiscal year. Adoption of Resolution 2004-85, which requires a public heating, is the last formal step in the process of adopting the final budget. After receiving public input, Mayor and Council are being asked to adopt a final budget that shall not exceed $89,573,243. To the extent any changes do not cause an increase in the total budget, Council may choose to reallocate funding amongst depa, h~ents and/or fired additional programs/services. Currently, staffdoes not anticipate any reallocations from the tentative budget Staff has attached a summary copy of the budget as well as the official budget forms required by the State of Arizona's Auditor General's office as published for tonight's public hearing. Barring any other changes by Mayor and Council, staffrecommends adoption of the f'mal budget for fiscal 2004-2005 at $89,573,243. Upon adoption of the final budget, staffwill publish and distribute to Council and department heads a bound budget document that provides more detailed information. RECOMMENDATION Staff recommends adoption of the final budget for fiscal 2005 at $89,418,622. SUGGESTED MOTION I move to adopt Resolution 2004-85. Adoption of the Final Budget 06/08/2004; 5:53 PM; RC MARANA RESOLUTION NO. 2004-85 RELATING TO BUDGET; ADOPTING THE FISCAL YEAR 2004-2005 FINAL BUDGET. WHEREAS, on June 1, 2004, in accordance with the provisions of A.R.S. §42- 301 et seq., the Marana Town Council did make an estimate of the different amounts required to meet the public expenditures/expenses for the 2004-2005 fiscal year and did estimate the revenues to be received from sources other than direct taxation; and WHEREAS, the Marana Town Council held a public meeting on June 15, 2004 following due public notice where taxpayers that appeared were heard in favor of or against any of the proposed expenditures/expenses of tax levies; and WHEREAS, the sums to be raised by taxation as specified in the budget attached hereto as Exhibit A, as amended, do not, in the aggregate amount, exceed the expenditure limitation set by the Council on June 1, 2004. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the budget setting forth the estimates of revenues and expenditures/expenses, attached hereto as Exhibit A and incorporated herein by this reference, as increased, decreased or changed by the Town Council, is hereby adopted as the final budget for the Town of Marana for the fiscal year 2004-2005. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 15th day of June 2004. ATTEST: Mayor Bobby Sutton, Jr. Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney F~cal2OO4-OSFinaIBudget TOWN OF MARANA Summary by Fund Type of Revenues Other Than Property Taxes Fiscal Year 2004-05 SOURCE OF REVENUES GENERAL FUND Local taxes Transaction Privilege (Sales) Taxes Building & Development Fees Franchise Fees impact Fees Intergovernmental Auto Lieu Tax State Shared Revanues Urban Revenues Charges for services Parks & Recreation User Fees CFD Management Fees Other Fees Fines and forfeits Court Fines & Forfeitures Interest on Investments Investment Income Contributions Special Event Revenue Regional Recreational Facility Miscellaneous Miscellaneous Fees & Income Lease Income Sale of Fixed Assets Total General Fund $ SPECIAL REVENUE FUNDS Highway Uesr Revenue Fund Highway User Revenues $ Total Highway User Revenue Fund $ Local Trenaporfetlon Asststanca Fund LTAF Revenues $ ESTIMATED ACTUAL ESTIMATED REVENUES REVENUES REVENUES 2003-04 200304* 2004-05 $ 17~787~610 $ 18~832~500 $ 19~092~344 2~900~000 3~223~000 3~600~000 86~000 87~760 86~000 230~000 165T000 230t000 1 ~500~000 1 T770~000 1 ~500~000 650tOO0 576~000 650~000 1 rO72r465 1 r103r080 1 ~170~567 1 r223r500 1 r222r440 1 ~247r733 120~000 100~000 120tO00 150~000 85~000 75~000 2~165r000 3801000 130r000 400tO00 325r000 700,000 400rOOO 310rO00 350~000 lOOrO00 50tO00 lOOrO00 1 rOOOrO00 500tO00 11000~000 570t000 175r000 467~000 4701000 467~000 212~400 212t400 31,033,975 $ 29,412,180 $ 30,693,644 1r152r400 $ 1r125rO00 $ 1~152r400 1,152,400 $ 1,125,000 $, 1,152,400 94~280 $ 118T000 $ 941280 Total Local Transportation Asststanes Fund $ 94,280 $ 118,000 $ 94,280 $ Public Safety 180r095 CDBG 205r000 Therapautic/Other Grants 148r500 Total Grants $ 533,595 $ Total Special Revenue Funds $ 1,780,275 $ $ $ 155r095 311 ~195 325r000 205~000 158r000 40~141 638,095 $ 556,336 1,881,095 $ 1,803,016 *Includes actual revenues recognized on the modified accrual or accrual basis as of the date the propoeecl budget was prepared, plus estimated revenues for the remainder of the fiscal year. 5/04 SCHEDULE C Page 1 of 2 TOWN OF MARANA Summary by Fund Type of Revenues Other Than Property Taxes Fiscal Year 2004-05 SOURCE OF REVENUES DEBT SERVICE FUNDS Series 2000 Revenue Bonds Total Debt Service Funds CAPITAL PROJECTS FUNDS CIP -Transix)rtat~on $ 5~457r000 $ 50~000 $ ClP - NIT)Od 5~051r801 6001000 CIP - Other 19~500~000 Total Capital Projects Funde $ 10,508,801 $ 20,150,000 $ ENTERPRISE FUNDS Water Utility Fund $ 1r297r800 $ 1~300~000 $ Airport Fund 70r000 90~000 Total Enterprles Funde $ 1,367,800 $ 1,390,000 $ ESTIMATED ACTUAL ESTIMATED REVENUES REVENUES REVENUES 2003-04 2003-04* 2004-05 $ 90tO00 $ 45r000 $ $ 90,000 $ 45,000 $ 28r828~640 4r3371400 50~000 33,216,040 2r561 ;440 129~000 2,690,440 TOTAL ALL FUNDS $ 44,780,851 $ 52,878,275 $ *Includes actual revenues recognized on the modified accrual or accrual basis aa of the data the propesed budget was prepared, plua cetlmated revenues for the remainder of the fiscal year. 5/04 SCHEDULE C Page 2 of 2 TOWN OF MARANA Summary by Fund Type of Other Financing Source-,/<Usea> and Interfund Transfers Fiscal Year 2004-05 GENERAL FUND Airport Fund Debt Service Fund INTERFUND OTHER FINANCING TRANSFERS 2004-05 2004-05 FUND SOURCES <USES> IN <OUT> Capital Projects Fund - Transportation $ $ $ $ 13,598,320 Capital Projects Fund - Other General Administration Series 2004 Bond Proceeds Total General Fund $ SPECIAL REVENUE FUNDS HURF Funds $ LTAF Funds Total Special Revenue Funds $ DEBT SERVICE FUNDS Series 1997 Bonds $ Sedes 2000 Bonds Seites 2003 Bonds Total Debt Sm'vine Funds $ CAPITAL PROJECTS FUNDS CIP - Transportation $ CIP - Water Utility 436,127 10,600,000 8~951 ~60 1o,60o,0oo $ $ 4361127 $ 25~4751049 $ $ $ 1,152,400 94~280 ClP-Other Total Capltal Projects Funds ENTERPRISE FUNDS Airport Fund W~erUtilityFund $ $ $ 1,246~680 $ $ 797,418 $ 638~925 113781829 $ $ 2~815r172 $ $ $ 14~845~000 $ 651~200 8~951~960 Total Entarprl~e Funds TOTAL ALL FUNDS $ $ $ $ $ $ 24,448~160 $ $ $ 109,597 $ 1,087,327 $ $ 109,597 $ 1 r087~327 10,600,000 $ $ 27,809,056 $ 27r809,056 5/04 SCHEDULE D TOWN OF MARANA Summary by Department of ExpenditurDs/Expensea Within Each Fund Type Fiscal Year 2004-05 FUND/DEPARTMENT GENERAL FUND General Govemment Ma~or & Council Town Clerk Town Manager Human Resources Accounting & Finance Leg,U Development Services Administration Building Services Planning & Zoning Police Court Parks & Recreation Engineering GIS IT Total General Fund SPECIAL REVENUE FUNDS Grant Funds - Public Safety Grant Funds - CDBG Grant Funds - DES ADOPTED EXPENDITUR~ BUDGETED EXPENSE ACTUAL BUDGETED EXPEND~URE~ ADJUSTMENTS EXPEND~URE~ EXPEN~TURE~ EXPENSES APPROVED EXPENSES EXPENSES $ 5,139,510 $. $ 3,000~000 134~186 110~000 220~663 220~000 900~190 870~000 242~847 230~000 259~884 259~000 349~860 250~000 2~4361687 214001000 855~9S0 850~000 479~853 445~000 4~823~077 4~823;000 497~763 470~000 1 ~725~563 1 ;650~000 1~712~138 1;712~000 431 ~487 431 ~000 247~340 247~340 $ 20,457,008 $ $ 17t967,340 $ 180,095 $ $ 180~095 205~000 205~000 $ 3~274~100 145r604 262~425 870r735 256r719 306~285 349r860 21720r387 932r817 723~881 5,026r750 589~120 I r770~g62 lr910~195 318~576 266~679 $ 19,725,095 $ 311;195 2051000 40r141 Total Special Revenue Funds $ DEBT SERVICE FUNDS Series 1997 Bonds $ Series 2000 Bonds Series 2003 Bonds 385,095 $ $ 385,095 $ 556,336 792~605 $ $ 792r605 1 ~258~475 1 r258~475 Total Debt Sen/Ice Funds $ CAPITAL PROJECTS FUNDS CIP - Transportation $ 141~331000 $ $ 8t500t000 CIP - Water 4961000 371~000 CIP - Municipal Complex 27,490,000 15~000,000 CIP - Airport 41512,750 1 ~000~000 CIP - Parks 219301000 8821480 CIP - Other 21467r190 2~000~000 Total Capital Projects Funds $ 52,828,940 $ $ 27~753r480 ENTERPRISE FUNDS Water Utility Fund $ 1r267r800 $ $ 1,022,400 Airport Fund 195r580 200~000 Total Enterprise Funds $ 1,463,380 $ $ 1,222,400 TOTAL ALL FUNDS $ 77,185,503 $ $ 49,379,395 2,051,080 $ $ 2,051,080 $ 7971148 638;925 1 ~378,829 $ 2,814,902 $ 42~442r000 651 r200 8~900r000 4,214~000 3,505,000 5,052~000 $ 64,764,200 $ 1~474,113 238~597 $ 1,712,710 $ 89,573,243 *Includes actual expenditures/expenses recognized on the modeled accrual or accrual basis as of the date the proposed budget was prepared, plus ectlmctod expendltum~/sxpenses for the remainder of the fiscal year. 5/04 SCHEDULE E TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: June 15, 2004 AGENDA ITEM: IX. B. 2 TO: FROM: SUBJECT: MAYOR AND COUNCIL Kevin Kish, Interim Planning Director PUBLIC HEARING. Ordinance No. 2004.09: Relating to Development; adopting the Ina/Silverbell Rezone DISCUSSION The applicant is requesting approval of a zone change to develop a residential neighborhood with a commercial node on approximately 14.5 acres o£ land. The proposed development is located on the northwest comer of Ina Road and Silverbell Road. The Ina/Silverbell site is part of a much larger area included in a previous rezoning. The plan is being rezoned again to preserve the public use of open space, and to preserve much of the site's environmental resoumes. It was previously zoned "R-36" (Residential, 36,000 square feet per lot). That sized lot would have necessitated platting into the Yuma Mine Wash, creating private ownership of the wash. Building the currently proposed plan will facilitate the preservation of the Wash for public use. The 14 acres will be rezoned to "R-10" (Residential, 10,000 square foot minimum lot size). The balance of the property will be designated as Open Space, with the exception of a small parcel of NC (Neighborhood Commercial) being added to the existing "NC". REZONING REQUEST The subject property is approximately 14.5-acres. 14-acres of R-10 (single-family residential, 10,000 square foot minimum lot size); and a Neighborhood Commercial (NC) retail node of 0.5- acres. The developer, DCK Investments, is proposing 41 lots for the site. The project will be subject to Ordinance 2004.04, Residential Guidelines and will be limited to a 50% ratio of single-story homes to two-story homes. Other guidelines will also apply. Since there is only one entrance to the site from Silverbell Road, a 20' emergency access has been provided to connect to Ina Road. Circulation through the project is achieved by a loop road that accesses all lots. Access to the Neighborhood Commercial area has not been determined at this time. Both the Yuma Mine Wash and an unnamed wash running through the site will be left in their natural state and will provide passive recreational areas for walking. The Yuma Mine Wash trail will provide access to offsite trails. In addition, a 25 acre regional park northeast of the project site will act as a common recreation area to the proposed development. 061504 Ina Silverbell rezone Bluesheet. doc 6/9/2004 4:00 PM KM All open space, common areas, and drainage facilities on the site will be owned and controlled by a Homeowners Association. GENERAL PLAN AND RELATED OTHER PLANS The residential use requested conforms to the General Plan's land use classification for low density residential. This development proposal addresses provisions for open space, sensitive environmental planning, and mixed land-uses of commercial and residential development. The development concept proposed supports the Town of Marana's Park, Trail, and Open Space System Master Plan. CIRCULATION Internal circulation will be a public street. Sidewalks will circulate through the entire subdivision on both sides of the internal street. The internal street will meet the Town of Marana adopted standards. Since there is only one entrance to the site from Silverbell Road, a 20' emergency access has been provided to connect to Ina Road. Citizen Participation The developer, his representatives, and staff from the Town have met with the neighbors on this project on several occasions. The most recent meeting was held at the Development Services Center on June 2, 2004. The main objections dealt with the clustering of the houses. That type of development is necessary in order to keep the Yuma Mine Wash available for public use. It also allows for a greater area of Open Space, buffering the project from the surrounding homes. Jaret Bart, Interim Development Services Director, conducted the meeting and agreed to meet with concerned citizens at the site to determine the viewscape and listen to their concerns. Staff has received several letters in protest of the mzoning, based on the premise that the >revious rezoning was agreed upon by the neighbors and the developer. Staff research has discovered that the conditions of the agreement, which was unsigned by the neighbors representatives, were incorporated into the rezoning conditions that were later adopted, and that those conditions are and will remain in full force and effect for this project. RECOMMENDATION Staff and the Planning Commission find that this project is consistent with the intent and goals of the General Plan and the project with the recommended conditions, is not detrimental to the immediate area or to the health, safety and general welfare of the inhabitants of the area and the Town of Marana and therefore, Staff and the Planning Commission is recommending approval, subject to the following conditions: 1. Compliance with all provisions of the Town's codes, ordinances and policies of the General Plan as current at the time of any subsequent development, including, but not limited to, requirements for public improvements. 2. This rezoning is valid for five years from the date of Town Council approval; if the developer fails to have a final subdivision plat recorded prior to the five years the Town may initiate the 061504 Ina StTverbell rezone Bluesheet. doc 6/9/2004 4:00 PM~ -2- necessary action to revert the property to the original zoning, upon action by the Town Council. 3. The ultimate development proposed by this rezoning shall be consistent with the adopted Development Agreement. 4. The property owner shall not cause any lot split of any kind without the written consent of the Town of Marana. 5. No "Convenience Store" uses shall be permitted on the NC parcel. 6. The NC zoned property shall not be allowed to be developed at the R-6 standards. 7. All slope and drainage treatments shall be aesthetically designed and engineered (where necessary) to "naturalize" the built environment. The developer shall mitigate drainage improvements and slopes with vegetation, natural rock, riprap, textures, and colors characteristic of the natural, onsite desert environment to minimize the negative interface between the built environment and the natural environment. 8. No approval, permit or authorization of the Town of Marana authorizes the applicant and/or the landowner to violate any applicable federal or state laws or regulations, or relieves the applicant and/or the landowner from responsibility to ensure compliance with all applicable federal and state laws and regulations, including the Endangered Species Act and the Clean Water Act. You are advised to retain appropriate expert and/or consult with the appropriate federal and state agencies to determine any action necessary to assure compliance with applicable laws and regulations. 9. A water service agreement and a master water plan shall be submitted, by the applicant, and accepted by the Utilities Director prior to the approval of the first plat, by the Town Council. 10. A sewer service agreement and master sewer plan shall be submitted, by the Developer, and accepted by Pima County Wastewater Management and the Town Engineer prior to the approval of the first plat by the Town Council. 11. Conservation easements along open space corridors shall be recorded by final plat. SUGGESTED MOTION I move to approve Ordinance No. 2004.09 with the recommended conditions. 061504 Ina Silverbell rezone Bluesheet. doc 6/9/2004 4:00 PMKM MARANA ORDINANCE NO. 2004.09 RELATING TO DEVELOPMENT; ADOPTING THE INA/SILVERBELL REZONE WHEREAS, The Planning Center represents the property owners of approximately 14.5 acres of land located within Section 35, Township 12 South, Range 12 East, as depicted on Exhibit "A", attached hereto and incorporated heroin by this reference; and WHEREAS, the Marana Planning Commission held public hearings March 31, 2004, and at said meeting voted to recommend that the Town Council approve said rezone, adopting the recommended staff conditions; and WHEREAS, the Marana Town Council heard from representatives of the owner, staffand members of the public at the regular Town Council meeting held June 15, 2004 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 14.5 acres located within Section 35, Township 12 South, Range 12 East, on the northwest comer of Ina Road and Silverbell road (known as the rezone area), is hereby changed from Zone "R-36" (Single Family Residential, 36,000 minimum lot size) to 0.5 acres of"NC" (Neighborhood Commemial), and 14 acres of"R-10 (Single Family Residential 10,000 sq. fi. minimum lot size). Section 2. The purpose of this rezoning is to allow the use of the Rezoning Area for single family detached homes and Neighborhood Commercial, 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. Compliance with all provisions of the Town's codes, ordinances and policies of the General Plan as current at the time of any subsequent development, including, but not limited to, requirements for public improvements. 2. This mzoning is valid for five years from the date of Town Council approval; if the developer fails to have a final subdivision plat recorded prior to the five years the Town may initiate the necessary action to revert the property to the original zoning, upon action by the Town Council. 3. The ultimate development proposed by this rezoning shall be consistent with the adopted Development Agreement. 4. The property owner shall not cause any lot split of any kind without the written consent of the Town of marana. 5. No "Convenience Store" uses shall be permitted on the NC parcel. 6. The NC zoned property shall not be allowed to be developed at the R-6 standards. Marana Ordinance No. 2004.09 Page 1 of 2 7. All slope and drainage treatments shall be aesthetically designed and engineered (where necessary) to "naturalize" the built environment. The developer shall mitigate drainage improvements and slopes with vegetation, natural rock, riprap, textures, and colors characteristic of the natural, onsite desert environment to minimize the negative interface between the built environment and the natural environment. 8. No approval, permit or authorization ofthe Town of Marana authorizes the applicant and/or the landowner to violate any applicable federal or state laws or regulations, or relieves the applicant and/or the landowner from responsibility to ensure compliance with all applicable federal and state laws and regulations, including the Endangered Species Act and the Clean Water Act. You are advised to retain appropriate expert and/or consult with the appropriate federal and state agencies to determine any action necessary to assure compliance with applicable laws and regulations. 9. A water service agreement and a master water plan shall be submitted, by the applicant, and accepted by the Utilities Director prior to the approval of the first plat, by the Town Council. 10. A sewer service agreement and master sewer plan shall be submitted, by the Developer, and accepted by Pima County Wastewater Management and the Town Engineer prior to the approval of the first plat by the Town Council. l 1. Conservation easements along open space corridors shall be recorded by final plat. 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. 2004.09 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 15th day of June, 2004. ATTEST: Mayor BOBBY SUTTON, JR. Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Ordinance No, 2004.09 Page 2 of 2 MARANA TOWN OF MARANA Planning and Zoning Depamnent 3696 W. Orange Grove Road 4~ Tucson. AZ. 8574 I (520) 297-2920 Fax: (520) 297-5930 PLANNING & ZONING APPLICATION !. TYPE OF APPLICATION (Cheek One) Preliminary Plat Final Plat Development Plan Landscape Plan Native Plant Permit General Plan Amendment Specific Plan Amendment ]~[ Rezone Significant Land Use Change Variance Conditional Use Permit Other Assessor's Parcel Numberls) 2. GENERAL DATA REQUIRED Gross Area (Acre/Sq. Ft.) Development/ Project Name Project Location Description of Project ProperS' Owner Street Address Contact Person Applicant Street Address Contact Person Agent/Representative Street Address Contact Person General Plan Designation ITo be confirmed by staff) Current Zoning I¥o be confirmed bx staff) Proposed Zoning Zip Code Phone Number Fax Number E-Mail a. ddress Phone Number Zip Code Phone Number Fa,; Number E-Mail Address Phone Number Fax Number E-Mail Address Marana Business License No Zip Code 3. AUTHORIZATION OF PROPERTY OWNER I. the undersigned, certi~' that all of the facts set forth in this application are true to the best ofm~ knowledge and that I am either the owner of the property or that 1 have been authorized in writinv, by the owner to file this application. (If not owner of record, attach ,a ritten authorization from the owner.) Print Name of Applicant/A~ent FOR OFFICE USE ONLY Date Received Receix ed Case No. ~ CRW No. ~..1~ ~ Date Receipt No. ~ Fee ,Amount '-~.!~. a OWN OF MARANA PLANNING DEPARTMEt, · REZONE IMPACT STATEMENT PLEASE COMPLETE AND INCLUDE WITH SUBMITTAL MATERIALS. DEVELOPMENT/PROJECT NAME: INA/SILVERBELL REZONING- NORTHWEST CORNER OF INA ROAD AND SILVERBEI.! ROAD 1. AREA OF PROPERTY: 201923.52SO. FT. 15.20ACRES 2. LOCATION: NORTHWEST CORNER OF INA AND SILVERBELL ROADS (NO ASSIGNED ADDRESS) 3. F..XISTING ZONING: R-36 (RESIDENTIAL) PROPOSED ZONING: NC & R-10 4. List RELATED CASES: CASE # FILE/PROJECT NAME 1. DESCRIBE TI-rE PROPOSED USE OF THE PROPERTY: DETACHED SINGLE-FAMILY RESIDENTIAL DEVELOPMENT AND A SMALL INDOOR COMMERCIAL CORNER THAT SERVES NEIGHBORHOOD RESIDENTIAL AREA NEEDS. 2. STATE WIlY THIS USE BENEFITS THE COMMUNITY AT LARGE: To PROVIDE RESIDENTIAL AND COMMERCIAL OPPORTUNITIES APPROPRIATE FOR THE SITE CHARACTERISTICS AND LOCATION. 3. IF THE PROPOSED USE IS RESIDENTIAL, HOW MANY TOTAL RESIDENTIAL UNITS WILL THERE BE ON THE PROPERTY TO BE REZONED? MULTi-FAMILY HOMES 41 SITE-BUILT HOMES MANVL~ACrURED HOMES OTHER 0DESCmBE): 4. ~ViLL THE SUBJECT PROPERTY BE SPL1T INTO ADDITIONAL LOTS? YES /No IF YES, HOW MANY TOTAL ~,.)TS WILL THZRE BE ON THE PROPERTY TO BE RE~,,]NED, AND WHAT SIZE (IN ACRES) WILL EACH LOT BE? 5. IF ADDITIONAL LOTS WILL BE CREATED BY Tt-I]S REZONING, HOW WILL ALL-WEATHER ACCESS BE PROVIDED TO THESE LOTS? N/A 6. WHAT IS ~ MAXIMUM PROPOSED BUILDING HEIGHT? 25 FEET, 2 STORY 7. PROVIDE AN ESTIMATE OF WHEN PROPOSED DEVELOPMENT WILL BE STARTED AND COMPLi: 1 t:D. STARTING DATE: 912005 COMPLETION DATE: 912006 8. IF THE PROPOSED DEVELOPMENT IS COMMERCIAL OR INDUSTRIAL: A. HOW MANY EMPLOYEES ARE ANTICIPATED? UNKNOWN AT THIS TIME B. HOWMANYPARKINGSPACESWILLBEPROVIDED? UNKNOWN AT TH~ TIME C. WHAT ARE THE EXPECTED HOURS OF OPERATION? UNKNOWN AT THIS TIME D. WILL A SEPARATE LOADING AREA BE PROVIDED? UNKNOWN AT THIS TIME (IF YES, SHOW LOCATION ON PRELIMINARY DEVELOPMENT PLAN.) E. APPROXIMATE SIZE OF BUILDINGS (SQ. FT.): UNKNOWN AT THIS TIME 9. FOR COMMERCIAL OR INDUSTRIAL DEVELOPS, OR RESIDENTIAL DEVELOPMENTS OF THREE (3) RESIDENCES PER ACRE OR GREATER: A. STATE WHICH BUFFERYARD IS REQUIRED, PER TITLE 17 OF THE TOWN OF 1ViARANA LAND DEVELOPMENT CODE: THE VAST MAJORITY OF THE PROJECT SITE IS SURROUNDED BY ADEQUATE NATURAL UNDISTURBED OPEN SPACE. THE DEPTH(S) OF THESE BUFFER AREAS ARE MORE RESTRICTIVE THAN THE MOST RESTRICTIVE BUFFER YARD PROVISION. THE ONLY AREAS THAT WILL UTILIZE A LANDSCAPE BUFFER INCLUDE THOSE RESIDENTIAL UNIT,~ ABBu'FrlNG THE PROPOSED COMMERCIAL CORNER. THESE AREAS WILL UTILIZE A LANDSCAPE BUFFER CODE 31 15' MINIMUM, 2.0 PLANT COUNT PER 100 SQ. FT. B. DESCRIBE THE BUFFER 2 ,,AT WILL BE PROVIDED (STATE BULl-ER WIDTH, ~,~,: OF WALLS, AND TYPE OF PLANT MATERIAL) TO MLI:T THE TOWN OF MARANA LAND DEVELOPMENT CODE REQUIREMENTS: LANDSCAPING AND IRRIGATION PLANS WILL BE SUBMITTED DURING THE DEVELOPMENT PROCESS. SPECIFIC LANDSCAPING DETAIL ARE CURRENTLY UNDERCONSIDERATION AT THIS TIME. 10. IF THE PROPOSED DEVELOPMENT IS AN INDUSTRIAL PROJECT, STATE THE INDUSTRIAL WASTES THAT WILL BE PRODUCED AND HOW THEY WILL BE DISPOSED. (DISCUSES THE MEANS OF DISPOSAL WITH THE PIMA COUNTY WASTEWATER MANAGEMENT DEPARTMENT AT (520) 740-6500 AND THE DEPARTMENT OF ENVIRONMENTAL QUALITY AT (520) 740-3340. LIST ANY PCWW OR PDEQ REQUIREMENTS APPLICABLE TO THIS PROJECT.): N/A A. IF YES, DESCRIBE THE USE, STATING THE NUMBER AND TYPE OF DWELLING UNITS, BUSINESSES, ETC.: N/A 13. IF NO, IS THE PROPERTY UNDISTURBED, OR ARE THERE AREAS THAT HAVE BEEN GRADED? PORTIONS OF THE PROJECT SITE HAVE BEEN DISTURBED BY FOOT AND/OR VEHICLE TRAFFIC. 2. IF THE PROPOSED REZONING IS APPROVED, WILL THE EXISTING USE BE REMOVED, ALTERED, OR REMAIN AS IS? ALTERED, A PORTION OF THE PARCEL WILL BOTH RESIDENTIALLY AND COMMERCIALLY DEVELOPED 3. ARE THERE ANY EXISTING UTILITY EASEMENTS ON THE SUBJECT PROPERTY? dES rnNo IF YES, STATE THEIR TYPE AND WIDTH, AND SHOW THEIR LOCATION ON ~ PRELIMINARy DEVELOPMENT PLAN: CURRENTLY, AN ELECTRICAL LINE EASEMENT ('I'VESTERN AREA POWER ASSOCIATION) IS LOCATED ONSITF (EASTERN BOUNDARY). THE LOCATION OF THIS LINE IS PROVIDED ON THE PRELIMINARY DEVELOPMENT PLAN. DESCRIBE THE OVERALL TOPOGRAPHY OF THE SUBJECT PROPERTY, AND NOTE WHEWHER ANY SLOPES OF GREATER THAN15% ARE P~ ON THE PROPERTY. NOTE ANY ROCK OUTCROPPINGS, UNUSUAL LANDFORMS OR OTHER SIGNIFICANT ENVIRONMENTAL RESOURCES: THERE ARE SMALL AREAS ADJAceNT TO THE SITE ON ITS SOUTHVVEST CORNER ,. ,~,T CONTAIN SLOPES OF 15% OR GREATER THE AVERAGE CROSS-SLOPE ONSITE IS APPROXIMATELY 2.5°/o, THERE ARE NO AREAS CONTAINING ROCK OUTCROPPINGS OR UNUSUAL LANDFORMS OR FEATURES. 5. NOTE ANY AREAS OF HEAVY VEGETATION ON TH~ PRELIMiNARY DEVELOPMENT PLAN: ALL AREAS CONTAINING HEAVY VEGETATION DENSITIES ARE INDICATED ON EXHIBIT I. D,3: VEGETATION DENSITIES, / 6. ARE THERE ANY NATURAL DRAINAGEWAYS (WASHES) ON THE SUBJECT PROPERTY.7 ~YES r~ NO IF YES, STATE WHETI-~R THESE NATURAL DRAINAGE PATTERNS WILL BE ALTERED BY THE PROPOSED DEVELOPMENT, AND WHAT TYPE OF ALTERATION 1S PROPOSED: THEY WILL NOT BE ALTERED 7. IS ALrTHORIZATION FROM ANY FEDERAL, STATE OR LOCAL AGENCY REQUIRED.7 NO IF YES, PROViDE NARRATIVE: 8. APPROXIMATELY HOW MUCH OF THE SUBJECT PROPERTY IS PROPOSED TO BE GRADED, INCLUDING AREAS WH~RE MOST VEGETATION WILL BE CLEARED? 15 ACRESAND 100°/o PERCENT OF THE LAND AREA. HOW MUCH OF TH~S AREA IS CURRENTLY GRADED? NONE IT IS IMPORTANT TO NOTE THAT THE ABOVE CALCS. WERE COMPLETED FOR THE 'J5 ACRES TO BE REZONED. THE LARGER AREA AS A WHOLEl INCLUDING THE ADJACENT WESTERN R-144 SUBDIVISION PORTIONI LEAVES APPROXIMATELY 44.17 ACRES OR 70% TOTAL OPEN SPACE. 9. DESCRIBE ANY REVEGETATION PROPOSAL IN ARE~LS WI-~RE DEVELOPMENT WILL REQUIRE REMOVAL OF NATURAL VEGETATION: ANY DISTURBED AREAS WILL BE REVEGETATED ACCORDING TO TOWN OF MARANA STANDARDS (NATIVE PLANT PRESERVATION STANDARDS). 10. W1LL A SEPTIC SYSTEM ~R PUBL1C SEWER BE USED FOR THE PROPOSED DEVELOPMENT? Q SErric [] SEWER IF SEPTIC IS TO BE USED, STATE WHEiNER ONE CURRENTLY EXISTS ON THE PROPERTY AND, IF SO, WHETHER ADDITIONS TO THAT SYSTEM WILL BE NEEDED FOR TH]S DEVELOPMENT. (NOTE: FOR INFORIviATION ON SEPTIC SYSTEM REQUIREMENTS, CALL THE DEPARTMENT OF ENVIRONMENTAL QUALITY AT 740-3,340.): N/A 1_1_. HOW WILL WATER BE SUPPLIEL, O THE PROPERTY? TUCSON WATER WILL SUPFL, WATER TO THE PROPERTY. 12. IS TH]E ~.VAILABLE WATER SUPPLY ADEQUATE FOR THE PROPOSED DEVELOPMENT? ~YES DNo DNoTSUR~ IF pRIVATE SERVICE IS PROPOSED, IS THERE A 100-YEAR ASSURED WATER SUPPLY? yES rq No ~ NOT SUR~ 13. WILL TH1S PROJECT EMPLOY ANY WATER HARVEST[NG TECHNIQLTES? EXPLAIN: THE DROUGHT TOLEIL, kNT LANDSCAPE BU H~ERS WILL UTILIZE WATER HARVESTING TECHNIQUES (E.G., CATCH BASINS). DESCRIBE ADJACENT ANq) NEARBY LA.N~D USE TYPES AND ZONING WITHIN APPROXIMATELY 500 l-~:h f OF THE SUBJECT PROPERTY 1N ALL DIRECTIONS: NORTH: CURRENTLY VACANT LAND. FUTURE TOWN OF MARANA REGIONAL PARK. SOUTH: RESIDENTIAL EAST: VACANT LAND WEST: VACANT LANDI NEW RESIDENTIAL SUBDIVISION. Exhibit ll.B. 1: Tentative Development Plan 1. Township12 South, Range12 East, Sec~ion35, 6, No. of dwelling units: 41 10. Area to Pe graded: +/- 20 ac 2. Assessor Parcm ID: 226-33-009E 7. Building Heights: not to exceed 25' or two story 11. Contour Interval = 2 ft. 3. Total Propetty Acreage: 15.2 ac 8, Residential Densities: +/- 2.8 RAC 12. Average Cross Slope: 4, Existing Zoning Onsite: R-36 9. Drought toterant plant species compliant with Town of 13. There are no wells present onsite. 5. Proposed Zoning: R-10 (14.717 ac), NC (,48 ac) Marana standards will be utilized. 14. An NPR will be po[formed dudng the tentative platting phase LEGEND ~r~ ~THE ~!~ PLANNING Rezoning Bour~y (R-10. 14.7 ac) Erosion HaZard Se~acks W CENTER Ina/Silverbell Rezoning S~%~u~NcE: 19992210117  !1/17/1999 Oi~D II~ 10:41 MA-IL AMOUNT p.Z_iD $ 13.50 NDCRA.NA ORDLNANCE NO. 99.26 ?__N' ORDIVA_NCE OF TPiE TOWN OF MA_KANA, .ARIZONA, APPROVING A tLEZONE REQUEST BY JERSEY PROPERTIES CO., LLC, ON APPROXIMATELY O.N~E HIYNT)I:CF.D FORTY (140) ACRES LOCATED NORTH OF LNA ROAD, ON EITHER SIDE OF SILV'ER.BELL RO.&D, L%' A PORTION OF SECTION 35, TO%~SF,_ff' 12 SOUTH, RJd'~GE 12 EAST. WICE~AS, Jersey Properties Co., LLC, (the "Developer") is the owner of approximately one hundred lo,wy. (140) acres located North of Ina Road on either side of Silverbelt Road, Pima County Assessor's Parcel Numbers 226-27-009F, 226-33-009B, and 226-33-009C, located in a poxion of Se:tion.35, Township 12 South, Range 12 East, and more particularly described on E-.daibit A anached hereto and incorporated herein by this reference (the "Property"); and WHER_EAS, in June of 1999, the Developer went before the Town's PIann/ng Commission see~'dng to rezone the Property, and after a public hearing held on June 30, t999, the Planning. Commission voted unanimously to recommend that the Town Council deny approval of the rezoning request; and WHEREAS, the Developer has subsequently changed its request to rezone the Property to 5ne following: From "C Large Lot Zone" (on the west side of Lna Road) and "A-Small Lot Zone" (on the east side of Lna Road) to "R-6" (Single Family Residential, minimum lot size 6,000 square fee:), "R-7" (Single Family Residential, minimum tot size 7,000 square feet), "R-36" (Single Fm-ni!y Residential, minimum lot size 36,000 square feet), "R-144" (Single Family Residential, minim. ,urn lo: size 144,000 square feet) and "NC" (Neighborhood Commercial) for use of the Prope,-%., as a single-family residential subdivision, with 225 total dwelling units, including approximately 31.3 a:res of open space, and approximately 3.62 acres of neighborhood commercial uses, as depicted on Exhibit B axached hereto and incom, orated herein by this reference; and V,'Z-tEREAS, the Developer will dedicate to the Totem approximately 25 acres, knoxxm as "Parcel B", situated east of Silverbell Road, for use as a regional park site; and WHEREAS, on November 16, 1999, the Town Council held a public hearing on this rezone request and he~d from its staff, the Developer and residents of the Town; and WHEREAS, this rezone request is in conformity with the Town's General Plan and approval of this rezone request is in the best interests of the Town and its residents; and Mm-am. Arizona Ordinance 99.26 Page 1 of 7 NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana .~-dzona, as z'ollows: Section 1. The zoning of approximately one hundred forty. (140) acres located north o fLna Road on either side of Silverbeli Road, Pima County, Assessor's Parcel Numbers 226-27- 009F, 226-33-009B, and 226-33-009C, located in a portion of Section 35, Tox~-n. shJp 12 South, Range 12 East, and more particularly descr/bed on Exh/bit A anached hereto and incorporated herein by this reference, is hereby changed from "C-La-ge Lot Zone" and "A - Small Lot Zone" to "R-6" (Single Family Residential, rain/mum lot size 6,000 square feet), "R-7" (Single Family Residential, mix/mum lot size 7,000 square feet), "R-36" (Single Family Residential, m/nimum lo~ size 36,000 squm-e feet), "R- 144" (Single Family Residmfial, minimum lot size 144,000 square feet) and "NC" (Nei~borhood Commercial) for use of the Propen7 as a single-family residential subdivision, Mth 225 total dwelling units, approximately 31.3 acres of open space and approxh-nately 3.62 acres of neighborhood co~m_mercial uses, as depicted on E 'xhibit B anached hereto and inoorporated herein by this reference, subject to the following: a) If, at the expiration of tk~ee (3) years from the effective date of this Ordinanoe, a final blo[k pla.: for the entire property has not been approved then the zoning on the Property shall revert to the previous desire:ions, pursuant to A.R.S. Section 9462.0I (E). b) The Developer must get approval of an archaeological su.wey and mitigation plan by the Arizona State Museum pr/or to approval of a final plat. c) The Developer wit! convey to the Town within one year of the effective date of this ordinance approximately 25 acres 'known as "Parcel B" situa*.ed east of Silverbell Road, as depicted on Exhibit B, for use as a re~onal park site, or the zoning on the property shall revert to the previous dedications. d) A detailed Traff~c Impact .~nalysis meeting the requirements of the Traffic Impact Analysis for Proposed Development, Arizona Depar'rment of Transportation, Highways Division, Traffic Engineering Section, shall be required prior to acceptance ora preliminary plat or development plan. Ail traffic counts to be provided in the TIA shall be current, up to date numbers. e) Improve Silverbell Road to include a left turn plus acceleration/deceleration lanes at each access intersection. Arizona Ordinanc~ 99.26 g) J) k) l) m) n) Dedication of additional Siiverbell Road fight-of-way to 75 foot V= figh~-o5 way aiong all frontages ~fth a design speed of 50 mph. Dedication ofadditionaI ~a Road rift-of-way to 75 foot ¢. righT-of-way. A master Grading and Drainage Plan wilt be required prior to the acceptance of any plat or development plan. Each plat or development plan shall be subject to the following requirements: iii) iv) v) Complete Hydrolo~c and Hydraulic Analyses including water surface modeling for ail water courses having a Q 100 exceeding 100 cfs. 7my encroachment into the FEMA fioodpla~ of the un.named wash and Yuma Mine Wash, if acc~ted by the Town of Marana and FEMA, must be followed with a letter of map revision. Any on-site detention/retention basin/storage areas will remain private ~nd maintained by the homeowners' association. Dedication ofaddffionaI drainage easements along Silverbel! Road as identified within tine approved drainage report and final plat. Washes are to remain natural open spaces as d~icted on the proposed development plan. .Access to the parcel zoned R-36 will be off SilverbeI1 Road only. Access ~o both the Messialn Lutheran Church and the Hirsch properq~C to the e~t shall be provided. SubdMsions fronting on Ina Road shall include a 25 foot buffer-yard landscaped to Pima County buffer-yard "D" standards. The Developer shall enter into a development agreement with the Town addressing phasing, off-sire roadway and drainage improvements, and contribution to the signalization of SilverbelI and Ina Roads prior to the approval of any plat or development plan. The Cluster Development Option will not be utilized on this proper':>.,. Any homes located within 125 feet of the western boundary of the R~6 zoned parcel in the area shown as the attached Exhibit A will be restricted to a maximum total height of 18 feet. Marana. Arizona Ordinanc~ 99.26 Page 3 of 7 Section 2. Section 3. Section 4. o) A 10 foot landsca¢e buffer pianted with min/mum 24 inch box trees, 15 feet on center, must be located along the same boundary as described in item (n) above. oe oamted v.':~n muted c~esert colors. p) All homes wilt' q) Roofs, wkich are not fiat, wil! utilize ceramic or concrete tiles. r) Required landscaping will consist of drou~t tolerant plants compatible with the Sonoran Desert environ'inherit in accordance with Town of Marana landscape requirements. s) Sale ofalcoholic beverages on the Neighborhood Coramercial ('NC) parcel is res a-"/cted to sales associated w/th restaurant service or ~ocery/convenience stores. Homes are restricted to conventional site-built construction. Ti'tis rezoning shall allow the development ora maximum 225 dwelling unit single family resident/al subdivision, which includes approximately .31.3 acres of open ~ace and $.62 acres of neighborhood commercial as depicted on Exhibit B attached hereto and incorporated herein by this reference. All Marana ordinances, resolutions, or motions mad parts of ordinances, resolutions, or motions of the Town Council in copx3ict ~vith the provisions of this Ordinance are hereby repealed, e~tect~ve as of the e~tect~ve tale of th~s Ordinance. If any section, subsection, sentence, clause, phrase or portion orris Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent j ur/sdiction, such decision shall not affect the validity, of the remaining portions thereof. Page 4 of 7 PASSED .A_x,~ .ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 16m day of November, 1999. ATTEST: . y (~BB~ SUTTON, .,TR. Town Clerk (._..) .APPROVED AS TO FOR:M: Daniel J. Hochuli, as To,am Attorney and not personally Ma, am. Arizona Or~linance 99.26 Page 5 of 7 R-6 Area 15.08 Acres R-6 25 Acres (To be dedicated for Regional Park) INA ROAD Grading will be selective on R.36 & R-144 to preserve v~getation Maximum number of lots permiZZed will be 225 NC MINUTES REGULAR MEETING OF THE MARANA PLANNING COMMISSION March 31, 2004 Marana Town Hall if the Rancho Marana Specific Plan changes, the plat be amended to comply with the specific plan. Commissioner Schisler seconded the motion and it was approved 7-0. PCZ-03128 Northwest Corner of Ina and Silverbell Roads Rezoning - A request by the Planning Center representing the property owner to change the current zoning designation on approximately 15-acres from R-36 (Residential, 36,000 square feet per lot), to 14.5-acres of R-10 (Residential, 10,000 square foot minimum lot size) and 0.5-acres of NC (Neighborhood Commercial), on land located at the northwest corner of Silverbell Road and ina Roads, within a portion of Section 35 Township 12 South, Range 12 East. Kathy Morris presented this item before the Commission and recapped the project's history for the benefit of the Commissioners who were not serving when the request was originally present in June 1999. She explained that when this item was first presented it was an application for rezone of an approximate 140-acre parcel. She explained that the request was to rezone from C (Large Lot Zone) to all R-6 (Single Family Residential, 6,000 sq. ft. minimum lot size) with a small parcel of VC (Village Commercial, 10 acres minimum site size). She conveyed that the rezone request was met with a great deal of resistance from the Pima County neighborhood residents who were zoned "SR" or 3.3- acre parcels. She remarked that the County neighbors felt that the proposed designation would be inconsistent with the tone of the area and was much too dense. Ms. Morris indicated that when this item came before the Commission there was a lot of public testimony and the Planning Commission voted to recommend denial of the project. She said that the project was moved forward to the Town Council in November 1999 in a revised form. She noted that the revised form was advertised as a rezone request for R-6, R-7 (Single Family Residential, 7,000 sq. ft. minimum lot size) , R-8 (Single Family Residential, 8,000 sq. ft. minimum lot size), and R-36 (Single Family Residential, 36,000 minimum lot size) zoning designations but that by the time the request was before the Town Council its form was R-6, R-7, R-36, and R-144 (Residential, 144,000 sq. ft. minimum lot size). MINUTES REGULAR MEETING OF THE MARANA PLANNING COMMISSION March 31, 2004 Marana Town Hall She indicated that there was a lot of public testimony due to densities, traffic, and other issues and, since the opposition of property owners adjacent to the property would require a super majority to pass and there were two Council members absent from the meeting, the Town Council was unable to vote on the project and continued the item to the next meeting. She continued by saying that on November 16, 1999, the project was taken before the Town Council in the same form as existed in the current request before the Commission. She indicated that a neighborhood agreement had been negotiated during the two week period between the Town Council meetings in 1999 and had been added to the rezoning request package. She pointed out that the conditions of the neighborhood agreement had been read into the minutes of the Council meeting and brought forward in the ordinance passed in association with the rezoning effort. Ms. Morris said that the applicant was before the Planning Commission at this meeting to request a rezone of a portion of the 27 acres that were rezoned to R-36. She said that the request asked that approximately 15 acres from R-36 to R-10 (Single Family Residential, 10,000 sq. ft. minimum lot size) to accommodate a 41-1ot single family subdivision and approximately a half acre of Neighborhood Commercial to be added to the already existing "NC" designation. She explained that the plan called for the remainder of the 27 acres to be an open space including the Yuma Mine Wash and the unnamed wash to the north of the project. She described the lots as averaging 10,500 sq. ft. and noted that the land within the 15-acre rezoning area, would be masqueraded and drainage facilities would be improved channels. Ms. Morris said that staff would like to add three more conditions to those already listed in the staff report. The additional conditions were (7) to remove the knuckle from the north side of the project's entrance off of Silverbell Road, (8) to receive a new letter from Tucson Water assuring adequate water supply as the letter contained within the plan has now expired, and (9) all conditions of original rezoning ordinance, Ordinance 99.26, were to remain in full force and effect for this project. Chairman Parker asked if condition 9 meant that, even if the property was rezoned, the conditions placed by Ordinance 99.26 would remain. Ms. Morris replied yes. Commissioner Hestwood inquired about the clustering statement in the conditions. Ms. Morris replied that there was not a cluster option associated with this project but that the developer had tried to bring the houses into a smaller group to leave more surrounding open space. MINUTES REGULAR MEETING OF THE MARANA PLANNING COMMISSION March 31, 2004 Marana Town Hall Chairman Parker asked about the traffic impact analysis presented in the project report. He said he was concerned about approving a rezone with an outdated traffic report and asked if there was anything available that was current. Ms. Morris replied that a new traffic impact analysis had been requested and would replace the 1996 report during the preliminary plat process. Chairman Parker asked about a letter from the Pima County Wastewater Management Department which stated that there was existing capacity for the proposed project in the downstream sewerage system and in the 15-inch diameter sewer located in Old Cortaro Road near Silverbell. He wondered if this was close enough to the proposed development and if it was enough capacity to handle the build out. Ms. Morris replied that he was correct about the letter but that sewer plans might change and become routed a different way under a sewer service agreement. She noted that those types of decisions would also come during the platting process. Mike Grassinger, representing the Planning Center, gave a brief overview of the proposed project and listed three important points associated with the request which were (1) the request would not increase the property's current permitted density, (2) it guaranteed a minimum of 70% open space across the property, and (3) the developer was not asking to change any conditions of the existing zoning and effectively reduced the development area from 45 to 15 acres. He explained that two conditions to the original rezoning effort were to transfer 25 acres on Silverbell Road to the Town for the future regional park and to provide additional right-of-way for Silverbell Road. He said that both of these conditions had been fulfilled. He illustrated the area's zoning pattern on a map set up in the Council Chambers and pointed out the existing designations of VC, LI, NC as well as the future alignment plans for Silverbell Road. He noted several improvements to the Silverbell and Ina Roads intersection including a traffic signal, and the decision to realign and widen Silverbell Road which would have a definite change on the traffic patterns in the area. He said that the whole area, as a result of the rezoning, would be guaranteed public access and public space dedicated to the Town. He noted that a number of neighborhood meetings had been held and meetings with various stakeholders involved with this project. He said that the results of the traffic impact study were satisfactory to the Town. MINUTES REGULAR MEETING OF THE MARANA PLANNING COMMISSION March 31, 2004 Marana Town Hall Commissioner Schisler asked about erosion hazard setback reductions and the Yuma Mine Wash storm waters and overflow. Mr. Grassinger replied that there had not been any setback reductions and that the building setback was approximately 50 feet. He said that the wash regularly overflowed during major storm situations and that this issue would be addressed during the roadway design process. He added that there was total agreement with the imposed conditions particularly the condition associated with the prohibition of convenience store uses on the corner. He said that the condition referring to the knuckle was confusing as he was not sure whether it called for the elimination of the gate from the gated community. He stated that this could be determined as the process continued. Chairman Parker clarified that the condition associated with a convenience store was that there was no provision for a 24-hour operation. Mr. Grassinger said that no 24-hour condition would still allow for a convenience store and he preferred that the condition read Uno convenience store" allowed on that corner. Vice Chairman Clanagan asked Mr. Grassinger to give a brief summary of the outcome of the neighborhood meetings. Mr; Grassinger said he felt that a number of residents were not pleased with the proposed rezoning request. He said that originally a series of negotiations were incorporated in the rezoning conditions. He commented that most of the residents were upset with the fact that changes were being made after good faith with the Town and the developer had been made. He pointed out that he thought the proposal was better for the community than the original plans. He said that quite a few people were still dissatisfied at the end of the meeting. Commissioner Hestwood asked for clarification on the condition associated with 24-hour uses and no convenience store uses. He asked if the applicant would be happy with no 24-hour uses and no convenience store uses. Mr. Grassinger listed examples of 24-hour uses including a gas station, drug store, medical clinic, or grocery store. He asked for time to confer with his client regarding the elimination of the 24-hour use clause and to repty to the Commissioner's question after the public hearing. MINUTES REGULAR MEETING OF THE MARANA PLANNING COMMISSION March 31, 2004 Marana Town Hall Commissioner Kennedy pointed to page 46, section D/E Topography & Post Development Drainage, in the informational booklet previously distributed by The Planning Center. He said that there were rarely any erosion problems in the early stages of development but became apparent after a year or so. He said that the report stated that there would be no impact to upstream or downstream land uses. He asked what the developer's plans were to address these problems. Mr. Grassinger replied that there would be some minor drainage that would flow directly into the Yuma Mine Wash but that the majority of the drainage would flow through the subdivision into a retention/detention facility which would help minimize the amount of peak flows, thus preventing significant impacts downstream. Chairman Parker opened the public meeting. He said that rezoning issues carried a great deal of passion but that only comments dealing with the health, safety, and welfare of the community could be considered by the Commission. Ric Canfield, Ina Road resident, stated his opposition to the rezoning effort. He said that he was not contacted about several neighborhood meetings even though he had been heavily involved in the beginning of the project. He said that the zoning designation negotiations were finalized in 1999 and he was not happy that these designations had been changed. He asked what had changed in regard to this project between November 1999 and March 2004. He asked why more houses were being planned when the Pima County residents had negotiated to get the properties to mirror the less dense residential areas to the west and south. He used the south end of the project, Broomtail and Caballo, as an example of an area transitioning into other types of developments. He asked why the developer planned to plat into the open space and wash areas. He pointed out that he had spoken to various Town officials about the clustering factor and he asked why it was being put back into the project. Mike Lee, Ina Road resident, spoke before the Commission about his opposition to this project. He said that he too was surprised about the changes in the densities and thought that this had been settled during the negotiating process in 1999. He asked how the developer could say that the property was able to accommodate 65 homes under the R-36 designation but that he was only planning 41 homes. Mr. Lee said that he did not believe that 65 homes could be built on 27 acres zoned R-36. MINUTES REGULAR MEETING OF THE MARANA PLANNING COMMISSION March 31, :2004 Marana Town Hall He continued by saying that four and a half years ago there had been an extended process to arrive at an agreeable compromise to the rezoning request. He noted that the residents appreciated the traffic signal and the park but that R-36 was not considered like-zoning up against like-zoning. He said that the County homeowners had been deceived and that many of his expectations had not been realized. Keith Johnson, El Camino del Cerro resident, voiced his approval of the project. He made a statement for the Tucson Mountain Association which was, that the project fit the busy intersection but was not appropriate for the less dense portions of the Tucson Mountains. He expressed that they were happy with the buffers of R-144 and that land went to the park but that the 24-hour convenience store was an issue and that incompatibility existed. He asked for the developers to work out the 24-hour convenience store issue and his group would then stand by the project. Emmett Gordon, Ina Road resident, spoke before the Commission regarding his opposition to this project. He said that everyone associated with the redevelopment spent a great deal of time and effort coming to a compromise with the developer. He said that changes were not wanted but that they were accepted and that they felt that good compromises were made that gave a slight buffer zone and kept their properties in tact. He said that he thought they had a deal but no paper work was signed. He said that everything was vague and that he hoped the Commission would listen to their concerns and what the gentleman's agreement between the residents and the developer was four years ago. Bryon Jones, Millay Street resident, related his opposition to this project. He said that he had purchased his home primarily based on the lot location and the fact that 10-acre parcels with the wash that could not be touched. He said that he was going to lose the city lights view from his two-story home and that he was adamantly opposed to any 24-hour commercial uses. John Altevers, Millay Street resident, joined the other speakers in his opposition to this project. He said that he was concerned with the drainage issues and the safety factors involved with the increased densities. Steve Bersack, Millay Street resident, asked about the height of the proposed project. MINUTES REGULAR MEETING OF THE MARANA PLANNING COMMISSION March 31, 2004 Marana Town Hall Mary McCutcheon, Millay Street resident, voiced her concerns about traffic impacts and loss of the city views. She asked what type of home styles would be placed in this project. Richard Szydelko, Benet Drive resident, spoke before the Commission and said that he served on the Silverbell Place Development Homeowners Association Board of Directors but was speaking as an individual resident. He said that he was concerned with rainwater flows along narrow roadways and the potential for danger. Eric Cheney, resident of Millay Street, spoke about his concerns with the erosion setbacks and the drainage ways. He said that the project depicted on the illustrations present on the easels in the Council Chambers was not going to be the end product. Kevin Oxnam, Millay Street resident, related his concerns to the Commission regarding the rezone request. He said that he purchased his property based on research of what was planned and that the proposed changes were not fair to the area's homeowners. Wayne Price, Millay Street resident, spoke briefly about his concerns with drainage. He said that, when he was considering his lot purchase, he was told that the wash area would not be developed. He also said that he was not happy that his city view might be taken away with this project. Howard Frederick, Ina Road resident, voiced his opposition to the project and said that he was also a member of the original negotiation process. He said that he felt the compromises made in 1999 were fair to all the interested parties and had been reached in good faith. He asked if there was any guarantee or covenant in place assuring that the R-144 zoning, one house per 3.3 acres, and the buffer area between his development and the proposed project would be in place in five years, and that there would not be any future rezoning of the area. Vice Chair Clanagan asked that Mr. Kish address the storm water run off on Ina Road as it related to the proposed construction at the Silverbell/Ina intersection and how the improvements would impact the drainage situation. MINUTES REGULAR MEETING OF THE MARANA PLANNING COMMISSION March 31, 2004 Marana Town Hall Mr. Kish replied that the Silverbell Road project realigned Silverbell Road into Ina Road, making it a safer intersection, and the project also included a storm drain or culvert system. He said he did not know the timeframe for the construction but would be able to provide that information at the next Planning Commission meeting. He noted that roadway improvements from Cortaro Road to Ina Road were included on the CIP budget. Chairman Parker asked if the project included full weather access without any dip sections and all under-grade crossings in the roadway. Mr, Kish replied that this was correct. Mr. Grassinger addressed some of the questions that Vice Chair Clanagan previously made regarding erosion and drainage. He said that the developer believed what was being proposed was better than the existing conditions and that he believed the Town staff concurred. He stated that there had been a lot of talk concerning the wash itself and that he wanted to put on the record that there was never any intention to disturb the wash and that there was still no intention to disturb the wash. He said that the issue was not the possibility of the disturbance to the wash but the ownership of the wash. He said that either the wash area was owned by the public or the multiple lot lines were extended into the wash area creating multiple private owners of the wash. He emphasized that this was the only way to develop the area under the existing zoning designations. He said that this would mean that easements would need to be negotiated with each property owner, which he did not believe was likely to happen, and that there would be no common maintenance of the wash by the public. He said that the wash would be subject to the individual property owners. Chairman Parker asked if this meant that the project would be platted so that there was a buildable portion outside of the wash boundary but the property lines of the backyard of the lots would extend into the wash. Mr. Grassinger replied yes and said that this was not the approach the developer wanted to take. He went on to say that the area across the street was in transition with most of the properties being commercially zoned and a couple of lots having never been developed. He said that the current zoning required a 25-foot landscape buffer and his project was showing a landscape buffer closer to 100 feet in an attempt to allow for the proper land transition. MINWrES REGULAR MEETING OF THE MARANA PLANNING COMMISSION March 31, 2004 Marana Town Hall He observed that because of what was allowed on this site and the manner in which it had to be developed to make it economically feasible, the residential lots would end up closer to Ina Road under the current zoning as opposed to what was being proposed at this meeting. He said that there was a comment from residents of the nearby D.R. Horton subdivision regarding the impact. He said that there was no intention to develop anything into the wash area and, in terms of their views and the amount of the development in the proposed project, the development would be very similar either way. He added that there was absolutely no intent to raise the land but that the property would be graded as much as possible in order to follow the natural contours of the land. He said that it was proposed to do semi-custom homes starting in the $400,000 range and go up from there. He addressed the 24-hour convenience store issue and said that the developer's intention was to do exactly as requested and eliminate a 24-hour convenience store. He said that this had been accomplished but that commercial businesses could circumvent the restriction by closing from 2:30 a.m. to 3:00 a.m. thus not being considered a 24-hour operation any longer. He pointed out that the developer was trying to avoid that situation by prohibiting convenience stores altogether. He said that this was a more effective approach because the no 24-hour restriction was hard to enforce and business could easily get around the restriction with technicalities. He said that the proposed number of housing units was fewer than permitted and that 41 was a good number that allowed everyone the comfort, buffers, and setbacks that made the project work for the community, the Tucson Mountain Association, the neighbors, and for the Town of Marana itself. Doug Kennedy, the applicant, addressed the Commission. He said that everyone needed to remember why the development had evolved to what it was currently. He said that the Town wanted 70% open space so the design had been integrated to provide the requested open space for the development. He said that he thought it was a fabulous development and that he did not believe that he had breached any agreement associated with the project. He said that he thought that the public ownership of the wash was better and that his original plan was different but negotiations did not reach that conclusion. He said that the number of housing units had been limited. He said that he believed that his proposal was a clean way for the new homeowners and the Town to deal with a public wash. He said he thought an equestrian area would be included in the wash area and four big box culverts to remove the storm waters. He said that he was proud to have been associated with the creation of the R-7 zoning designations in the Ina/Silverbell area. He said that the Commission needed to take a long look at the project design and that all of the conditions under the previous rezoning had been agreed to. MINUTES REGULAR MEETING OF THE MARANA PLANNING COMMISSION March 31, 2004 Marana Town Hall Commissioner Berg asked if Mr. Kennedy would verbalize what his concept of the 1999 "gentleman's" agreement was and if it was being adhered to with this project. Mr. Kennedy responded that he had re-read the agreement today and that his recollection was that the property owners had refused to sign the agreement. He said the Town Council wisely took the nine items and placed them within the current zoning requirement. He said that he was agreeing to everything he did, agreeing to continue those conditions, and that he was not aware of anything he had done that would be considered a breach of the agreement. He said that each of the stated conditions from the 1999 agreement was included in the current zoning. He said that the difference really was that the adjacent property owners wanted 36,000 sq. ft. lots. He pointed out that the land dropped off significantly from Mr. Gordon's and Mr. Frederick's properties and the two landowners cannot see the project from their houses. He said that the R-144 zoning designation is definitely a buffer and that a preliminary plat was already approved. He said that he was two weeks away from getting all the Town approvals and that construction would be immediately following those approvals. He said that the project was sewered and the only SR sewered subdivision in all of Marana. He commented that he was going to try to make it the nicest subdivision in Marana as well. He said that it was a long process to change the proposed design and he did not want to do that. He said that he was ready to build and that the final plat would be submitted within approximately 30 days. Commissioner Berg asked about the drainage problems brought forward by the residents. She asked Mr. Kish to confirm that there would eventually be culverts constructed under Silverbell Road to stop storm flooding on the roadway and if there would be some type of retention pond on the property and not in the wash that would gather water and that the wash itself would not be disturbed in anyway. Mr. Kennedy replied that this was correct and said that the improvement plans, the hydrology was complete, and four big box culverts were planned with one high enough to accommodate equestrian travel. Commissioner Schisler asked if the project was lower than the surrounding area. Mr. Kennedy replied yes and said that from the WAPA lines the project went almost straight uphill. MINUTES REGULAR MEETING OF THE MARANA PLANNING COMMISSION March 31, 2004 Marana Town Hall Commissioner Schisler asked what views were present in this area. Mr. Kennedy replied that the dense vegetation would mask the project and that everyone agreed that the wash remain in the public domain. He said that the wash would also connect with the DeAnza trail. Chairman Parker asked Mr. Grassinger how many acres of R-36 there was outside of the wash boundaries. Mr. Grassinger replied 27 acres. Chairman Parker asked how, taking into account lots extended into the wash and leaving enough buildable space up front, would the developer get 45 homes on that piece of property. Mr. Grassinger replied that the road extended all the way to the end and with enough room that the lots actually end up going around. He said that this method had been used all over the country and had been challenged but upheld as a legal method to subdivide. He said that the method did not accomplish anything other than allow the developer to build under the current zone. He said that the design was such that there would be 10,000 sq. ft. buildable areas on all 44' tots under the current code and the lots would all equal 36,000 sq. ft. in total but with a 10,000 foot building area. Chairman Parker said that, in other words, this meant that 26,000 sq. ft. would extend beyond the building area. Mr. Grassinger replied yes. Chairman Parker said he would not ask what the developer thought he could get on there with the Commission's approval. He asked about the elevation of the buildable lots. He said that the R-10 property was on the upstream side of the road. He asked how high this area would have to be graded above native terrain today to make sure it was above the 100 year flood area. Mr. Grassinger replied that it would be very little if any and that a grading study was performed indicating that grading or fitl-in was not necessary. He said that what was currently there would be the land height for the proposed project. MINUTES REGULAR MEETING OF THE MARANA PLANNING COMMISSION March 31, 2004 Marana Town Hall Chairman Parker commented that the roadway was going to be high enough to have culverts allowing for equestrian riders to pass underneath the road and that this meant that the road would be raised substantially. He asked if, considering that was there still no plan to raise the property. Mr. Grassinger replied no. Vice Chairman Clanagan said that he was concerned with the property owners who lived along the wash who had paid extra for a lot with a view. He said that he had visited the site and that he could see the back of the homes. He asked if a study had been performed to protect those views. Mr. Grassinger replied no but that D.R. Horton, the sales agent, may have represented something of that sort. He said that throughout the original process in 1999 it was always disclosed that there would be homes on this site. He said that the view was going to be impacted whether the original zoning was developed or whether the proposed rezoning was approved. He said that he believed the proposed rezoning effort would provide as much view protection. Commission Schisler inquired about the 24-hour use restriction and if there was to be an amended portion. Mr. Grassinger replied yes and that this was the item he was asking to be amended so that there would be no convenience store uses. He said that he believed the discussion was that regarding the uses and concern of the convenience store, agreed that it was 24-hour but by eliminating convenience store as a use would eliminate a 24-hour convenience store. Vice Chairman Clanagan asked that a summarization be given as to why the zoning designations were changed from R-36 to R-10 and what happened that led the developer and applicant to conclude that this was a better zoning designation. Mr. Grassinger said that there many factors that contributed to this decision. He pointed out that the Town of Marana had taken a proactive stance on environmental issues and discussions with the Town Manager and the Planning staff had produced the belief that it was more to everyone's advantage to have the project as a 70% open space as opposed to 40% open space under the current zoning. He said that this was one of the major driving factors. He went on to say that another factor was that the proposed project was better in that it provided more buffers and less land disturbance. MINUTES REGULAR MEETING OF THE MARANA PLANNING COMMISSION March 31, 2004 Marana Town Hall Commissioner Schisler asked if the Town Manager had voiced an opinion regarding this project. Mr. Cassidy replied that this project was being presented as a result of some of the discussions and that he had not heard of any objections from the Town Manager. He said that the Town Manager understood, as everyone else involved understood, that no matter what anyone's objections might be, the project still had to go through the process. He said that the Town Manager never made any promises of rezoning but, on the other hand, he didn't indicate that the project was objectionable. Vice Chairman Clanagan commented that previously when this project was before the Commission he heard from the residents who were opposed to the project's approval, some of which were present today at this hearing. He said that he thought it was ironic that now all of the D.R. Horton subdivision homeowners, which wasn't even constructed at that time, were appearing in front of the Commission also opposing this project. He said that he was disappointed that the Town officials had not reached a compromise as it was his understanding that there had been a negotiated compromise in 1999 that was agreeable to the residents along Ina Road as well as the developer. Mr. Grassinger commented that the compromise agreement, which he noted was never signed by the residents, was submitted by the applicant to the Town and was then incorporated into the conditions of the rezoning. He said, in that sense, the agreement was made. Vice Chairman Clanagan said that this was not what he believed was a compromise. He said that when one party does not agree to the conditions and does not sign the agreement then it is not a compromise. He said that he vaguely remembered Mr. Reuwsaat being present at the meeting in question with the residents and even met with them after the meeting to assure the residents that a solution agreeable to the majority would be reached. Mr. Grassinger replied that he was somewhat mystified because if this was not an agreeable compromise why were the residents now complaining that the developer was breaking the agreement. MINUTES REGULAR MEETING OF THE MARANA PLANNING COMMISSION March 31, 2004 Marana Town Hall Chairman Parker said that he had serious issues with the previous proposal and some of those concerns had been addressed. He said that he was concerned with the possibility of allowing liquor stores at the park entrance, and concerns about a transition area. He said that his recollection was that the project was not brought back to the Commission but was sent on to the Town Council with a recommendation for denial. He said that, following negotiations with the residents and the developer, the Town passed the request. He said that he did not think much had changed with the project plans except for the roadway improvements. He said that it was commendable to attempt to address the wash issues and the improvement of the south side setback but also saw a much more densely packed development with more roofs in the same area. He said that one of the Commission's concerns had been in keeping that wash area as a transition zone. He asked that Mr. Grassinger or Mr. Kennedy address his concerns. Mr. Grassinger replied that R-36 allowed for a 36,000 sq. ft. lot which could be totally disturbed without restrictions. He said that the developer was restricting the R-36 lot to 10,000 sq. ft. He acknowledged that they were putting all of the disturbance together but the overall amount of the disturbance was reduced. He said that in order to develop the property under the current zoning designation the impact in terms of houses and roofs from the outside will look identical with the center portion being the only difference. He said that what was visible from the street would look the same with either proposal. Chairman Parker commented that staff had recommended in 1999 that there be no cluster option. He asked if that point could be clarified. Mr. Grassinger replied that this was correct and that there was no cluster option available in the Town of Marana. He said that the developer was not asking to cluster but to rezone to an R-10 designation. Chairman Parker said that the effect would be similar to clustering. Mr. Grassinger replied that this was true. MINUTES REGULAR MEETING OF THE MARANA PLANNING COMMISSION March 31, 2004 Marana Town Hall Mike Lee addressed the Commission again and said that the 1999 agreement was near completion and close to agreement when Mr. Kennedy surprised everyone with the current document. He said that he, Mr. Canfield, and Mr. Howard had all refused to sign the new agreement. He said that he sent an addendum to the agreement that never made it to the Town for consideration even though Mr. Kennedy's changed agreement did. He said that his addendum called for an R-36 zoning designation in order to preserve the desert. He asked what had changed that the agreement wasn't good any longer. He said that he understood what the Town wanted but thought that the wash was to be left alone and that they were going to get approximately 25 homes spread out like the Bridlewood development. He said that he was willing to discuss this issue anytime with Mr. Kennedy and Mr. Grassinger or any member of the Planning Commission. He emphasized that there was no agreement from the area residents in regard to the proposed action. He pointed out that only a few issues associated with this project had been addressed. Chairman Parker thanked Mr. Lee and said that he wanted it to be made clear that every person had a right to request rezoning on any piece of property and that the Commission looked at rezoning requests with the issues of health, safety, and welfare of the community in mind. Chairman Parker closed the public hearing and called for discussion by the Commission. The time was 8:35 p.m. There was no further discussion. Commissioner Schisler moved to approve PCZ-03128 with the recommended conditions including the three additional conditions as stated by Ms. Morris. Commissioner Berg seconded the motion. Chairman Parker asked if there was any discussion and called for a roll call. Town Clerk Bronson called the roll. The item was passed 5-2. Chairman Parker and Vice Chairman Clanagan dissenting. Chairman Parker called for a five minute break. The time was 8:40 p.m. The meeting was reconvened at 8:45 p.m. Chairman Parker said that the Planning Commission reserved the right to continue any agenda item that was not called by 9:00 p.m. and that Item B. 3. SPA -03092 - Rancho Marana Specific Plan Amendment and Item C. 1. PRV- 03093p - Vanderbilt Farms Preliminary Block Plat would not be heard before the Commission at this meeting. He said that Item VIII. B. 2. PCZ-03142 - Willow Ridge Rezoning was called for discussion. TOWN COUNCIL MEETING INFORMA- TION TOWN OF MARANA MEETING DATE: June 15, 2004 AGENDA ITEM: IX. B. 3 TO: MAYOR AND COUNCIL FROM: Frank Cassidy, Town Attorney SUBJECT: Resolution No. 2004-86: Relating to Development; approving and authorizing the execution of a development agreement with Exeter LXI, LLC, regarding the Sky Ranch development project. DISCUSSION On October 2, 2001, the Town Council approved the Sky Ranch Specific Plan (Ordinance No. 2001.14), which was later carded forward in the approval of the Sky Ranch preliminary block plat approved August 19, 2003 (Resolution No. 2003-90). The development agreement pre- sented today accompanies the Sky Ranch final plat, which is also tonight's agenda. The proposed Sky Ranch development agreement carries out and facilitates the various condi- tions of the specific plan approval. It provides for the contribution of $1,000 per residential unit toward the construction and development of a public children's desert education center. The Developer will pay up to $250,000 toward the center, to cover any shortfalls in the cost of the center alter receipt of the $1,000 per unit contribution. The development agreement carries forward the Sky Ranch project 20% maximum disturbance and coordinates the Town's regulations with the requirements of the Sky Ranch habitat conser- vation plan and associated incidental take permit issued by the Department of the Interior, U. S. Fish and Wildlife Service, on January 30, 2004. Other provisions of the development agreement are typical of recent Town development agree- ments which have been approved by the Council. RECOMMENDATION Staff recommends adoption of Resolution No. 2004-86, approving and authorizing the execution of the Sky Ranch development agreement. SUGGESTED MOTION move to adopt Resolution No. 2004-86. BLU 040608 Skyranch DA.doc 040608 FJC/cds MARANA RESOLUTION NO. 2004-86 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING THE EXECUTION OF A DEVELOPMENT AGREEMENT WITH EXETER LXI, LLC, REGARDING THE SKY RANCH DEVELOPMENT PROJECT. WHEREAS, the Sky Ranch Specific Plan was adopted on October 2, 2001, as Ordinance No. 1001.14; and WHEREAS, the Sky Ranch preliminary block plat was approved on August 19, 2003, by Resolution No. 2003-90; and WHEREAS, the Sky Ranch habitat conservation plan and associated incidental take permit was issued by the Department of the Interior, U. S. Fish and Wildlife Service; on January 30, 2004; and WHEREAS, the Town of Marana and the developer of the Sky Ranch development project have negotiated a development agreement to facilitate the development of the Sky Ranch project in a manner consistent with the Sky Ranch Specific Plan, the Sky Ranch preliminary block plat, and the Sky Ranch habitat conservation plan and incidental take permit; and WHEREAS, the Mayor and Council find that the terms and conditions of the Sky Ranch Development Agreement are in the best interest of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Mayor and Council of the Town of Marana hereby approve and authorize the execution of the Sky Ranch Development Agreement with Exeter LXI, LLC, relating to the Sky Ranch development project. SECTION 2. The Mayor is hereby authorized and directed to execute, and the Town Clerk is hereby authorized and directed to attest to, the Sky Ranch Development Agreement attached hereto as Exhibit A and incorporated herein by this reference, for and on behalf of the Town of Marana. SECTION 3. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this resolution. RSO 040615 Sltyranch DA #2004-86. doc 040608 FJC/cds PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 15th day of June, 2004. ATTEST: Mayor Bobby Sutton, Jr. Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney RSO 040615 Skyranch DA #2004-86. doc 040608 FJC/cds 2 SKY RANCH DEVELOPMENT AGREEMENT MARANA, ARIZONA THIS DEVELOPMENT AGREEMENT ("this Agreement") is made by and between the TOWN OF MAP, ANA, an Arizona municipal corporation (the "Town") and EXeTeR LXI, LLC, an Arizona limited liability company (the "Developer"). The Town and the Developer are collectively referred to in this Agreement as the "Parties," and who are sometimes individually referred to as the "Party." RECITALS A. The Developer is the owner of approximately 515 acres land located in the Town limits, as depicted on the map attached as Exhibit "A" and legally described on Exhibit "B" (the "Property"). B. The following are among the development regulations that now apply to the Property: i) The conditions of the Sky Ranch Specific Plan adopted as Ordinance No. 2001.14 on October 2, 2001 (the "Specific Plan"). ii) Conditions of the Developer's preliminary block plat (the "Preliminary Plat"), approved August 19, 2003, by Resolution No. 2003-90. iii) The Marana Development Code (including the written rules, regulations, procedures, and other policies relating to development of land, whether adopted by the Mayor and Council or by Town Staff) (collectively the "Marana Development Code"), establishing, among other things, the type of land uses, location, density and intensity of such land uses, and community character of the Property, and providing for, among other things, the development of a variety of housing, commercial and recreation/open space opportunities. iv) The Sky Ranch Habitat Conservation Plan (the "Sky Ranch HCP") and associated Incidental Take Permit issued by the Department of the Interior, U. S. Fish and Wildlife Service, dated January 30, 2004. (Together, the Sky Ranch HCP and the Incidental Take Permit are referred to as the "Sky Ranch HCP and Permit".) C. The Developer and the Town desire that the Property be developed in a manner consistent with the development regulations that now apply to the Property, as amplified and supplemented by this Agreement. D. The Developer intends to develop and improve the property into an environmentally sensitive single family residential subdivision with private streets, and a children's desert education center. E. The Town and the Developer acknowledge that the development of the Property pursuant to this Agreement will result in planning and economic benefits to the Town and its residents. F. The Developer has made and by this Agreement will continue to make a substantial commitment of resources for public and private improvements on the Property. A GT 040615 Sky Ranch DA.doc 6/8/2004 10:38 AMFJC G. The Parties understand and acknowledge that this Agreement is a "Development Agreement" within the meaning of, and entered into pursuant to the terms of, A.R.S. § 9-500.05. H. This Agreement is consistent with the portions of the Town's General Plan applicable to the Property. AGREEMENT NOW, THEREFORE, in consideration of the foregoing premises and the mutual promises and agreements set forth in this Agreement, the Parties hereby agree as follows: Article 1. Development Plans. 1.1. Development Review. The Property shall be developed in a manner consistent with the development regulations that now apply to the Property and this Agreement, which together establish the basic land uses, and the densities, intensities and development regulations that apply to the land uses authorized for the Property. Upon the Developer's compliance with the applicable development review and approval procedures and substantive requirements of the development regulations that now apply to the Property, the Town agrees to issue such permits or approvals for the Property as may be requested by the Developer. 1.2. Zoning and Plat Conditions. The Developer agrees to fulfill all conditions outlined in the development regulations that now apply to the Property. 1.3. Archaeological/Historic Resources. Development of the Property shall meet all Town requirements set forth in Title 2 and Title 20 of the Marana Development Code related to Archeological and Historic Resources. 1.4. Site Built Construction and Building Permits. All construction on any portion of the Property, whether sold in bulk or individually, whether subdivided or not, shall be site built and shall require building permits. Article 2. Environmental Protection. 2.1. Habitat Conservation Plan ("HCP"). The Property will be developed in accordance with the Sky Ranch HCP, the terms of which shall have priority over this Agreement in the event ora conflict. Under the HCP, at least 80% of the Property shall remain in its natural state and condition. The Reserve Management Entity CRME'') under the HCP shall be an organization designated by Developer as allowed under the HCP which shall be a neutral steward of the natural open space under the HCP. The Town shall permit the Developer to take all actions required under or referable from the HCP to implement the same. Developer shall have all rights to develop and improve the Property as set forth in the HCP. The Town shall cooperate with Developer and the RME in connection with the use or improvement of any public easements within the natural open space or common areas of the Property. 2.2. Protection of Open Space During Construction. The Developer shall provide construction fencing to protect all natural areas or other areas in their natural state as set forth in the HCP. In no event will Developer disturb more than 20% of the Property, including areas for emergency access, easements, roadways, and drainage ways. Developer shall comply with all Town grading requirements unless permitted otherwise herein. Article 3. On-Site Infrastructure. 3.1. Roadway Improvements: The Developer shall construct intersection improvements acceptable to the Town and consistent with the approved Traffic Impact Analysis, and approved A GT 040615 Sky Ranch DA.doc 6/8/2004 &45 AM FJC -2- construction improvement plans for the Property at all local driveway intersections with Thornydale Road and Camino de Manana, as well as improvements to the intersection of Camino de Manana and Tangerine Road. These improvements shall be completed prior to the engineering warrants for these improvements being met. Once engineering warrants are met, no further building permits will be issued until such time as the required improvements are complete, and accepted by the Town. 3.2. Fire Protection. Before a certificate of occupancy is issued for any dwelling unit on the Property, the Developer shall have completed or shall provide evidence to the Town's satisfaction that Developer has made a diligent effort to complete the process of having the Property annexed into a fire district. 3.3. School Land. In lieu of the dedication of land for public school use, Developer shall contribute a School Improvement Contribution Fee of $1,200 per residential lot, payable to the Marana Unified School District. The School Improvement Contribution Fee shall be due and payable at the issuance of the building permit for each residential unit. 3.4. Regional Public Park/Trail System. The Developer shall dedicate the land shown as parcel A on the preliminary plat to the Town at no cost for the construction and development ora children's desert educational center which shall be open to the public at large. The purpose of the children's desert educational center shall be to educate children about the Sonoran Desert habitat. The Developer shall contribute $1,000.00 per residential unit into an interest-bearing escrow account established with a title company in Pima County, Arizona, acceptable to both the Town and the Developer which shall be used for the construction and development of the children's desert educational center. The Developer shall pay any escrow fees. If the funds deposited into the escrow account are not sufficient to cover the cost to construct the children's desert educational center, the Developer shall pay into the escrow account any shortfall; provided, however, that in no event shall the Developer's obligations with respect to any shortfall exceed $250,000. If for any reason the construction of the children's desert educational center does not begin within three years after the effective date of this Agreement, all funds in the escrow account shall be transferred to the Town. Article 4. Cooperation and Alternative Dispute Resolution. 4.1. Appointment of Representatives. To further the commitment of the Parties to cooperate in the progress of the Development, the Town and the Developer each shall designate and appoint a representative to act as a liaison between the Town and its various depatlments and the Developer. The initial representative for the Town (the "Town Representative") shall be the Development Services Administrator, and the initial representative for the Developer shall be Tim Ensign or a replacement to be selected by the Developer. The representatives shall be available at all reasonable times to discuss and review the performance of the Parties to this Agreement and the development of the Property. 4.2. Timing. The Town acknowledges the necessity for prompt review by the Town of all plans and other materials (the "Submitted Materials") submitted by the Developer to the Town hereunder or pursuant to any zoning procedure, permit procedure, or other governmental procedure pertaining to the development of the Property and agrees to use its best efforts to accomplish such prompt review of the Submitted Materials whenever possible. 4.3. Default; Remedies. If either Party defaults (the "Defaulting Party") with respect to any of that Party's obligations under this Agreement, the other Party (the "Non-Defaulting Party") A G T 040615 Sky Ranch DA.doc 6/8/2004 8 : 4 5 .4M FJC -3- shall be entitled to give written notice in the manner prescribed in paragraph 7.1 to the Defaulting Party, which notice shall state the nature of the default claimed and make demand that such default be corrected. The Defaulting Party shall then have (i) twenty days from the date of the notice within which to correct the default if it can reasonably be corrected by the payment of money, or (ii) thirty days from the date of the notice to cure the default if action other than the payment of money is reasonably required, or if the non-monetary default cannot reasonably be cured within sixty days, then such longer period as may be reasonably required, provided and so long as the cure is promptly commenced within sixty days and thereafter diligently prosecuted to completion. If any default is not cured within the applicable time period set forth in this paragraph, then the Non-Defaulting Party shall be entitled to begin the mediation and arbitration proceedings set forth in paragraphs 4.4 and 4.5 below. The Parties agree that due to the size, nature and scope of the Development, and due to the fact that it may not be practical or possible to restore the Property to its condition prior to Developer's development and improvement work, once implementation of this Agreement has begun, money damages and remedies at law will likely be inadequate and that specific performance will likely be appropriate for the enforcement of this Agreement. This paragraph shall not limit any other rights, remedies, or causes of action that either party may have at law or in equity. 4.4. Mediation. If there is a dispute under this Agreement which the Parties cannot resolve between themselves, the Parties agree that there shall be a forty-five day moratorium on arbitration during which time the Parties agree to attempt to settle the dispute by nonbinding mediation before commencement of arbitration. The mediation shall be held under the commercial mediation rules of the American Arbitration Association. The matter in dispute shall be submitted to a mediator mutually selected by Developer and the Town. If the Parties cannot agree upon the selection of a mediator within seven days, then within three days thereafter the Town and the Developer shall request the presiding judge of the Superior Court in and for the County of Pima, State of Arizona, to appoint an independent mediator. The mediator selected shall have at least five years' experience in mediating or arbitrating disputes relating to real estate development. The cost of any such mediation shall be divided equally between the Town and the Developer. The results of the mediation shall be nonbinding on the Parties, and any Party shall be free to initiate arbitration after the moratorium. 4.5. Arbitration. After mediation any dispute, controversy, claim or cause of action arising out of or relating to this Agreement shall be settled by submission of the matter by both Parties to binding arbitration in accordance with the rules of the American Arbitration Association and the Arizona Uniform Arbitration Act, A.R.S. § 12-501 et seq., and judgment upon the award rendered by the arbitrator(s) may be entered in a court having jurisdiction. Article 5. Protected Development Rights To establish legally protected rights for the development of the Proper~ in a manner consistent with this Agreement and the development regulations that now apply to the Property and to ensure reasonable certainty, stability and fairness to the Developer and the Town over the term of this Agreement, the Developer and the Town agree that the development regulations that now apply to the Property, as amended by this Agreement, shall remain in effect and shall not be changed for a period of seven years after the execution of this Agreement without the agreement of the Developer. AGT 040615 Sky Ranch DA.doc 6/8/2004 8:45 AM FJC -4- Article 6. Future Impact Fees If the Town adopts an impact fee for the same infrastructure for which Developer has contributed land or made improvements or paid a voluntary fee pursuant to this Agreement, Developer shall be entitled to a credit for such contributions as set forth in A.R.S. § 9-463.05. Article 7. Notices and Filings. 7.1. Manner of Serving. All notices, filings, consents, approvals and other communications provided for in or given in connection with this Agreement shall be validly given, filed, made, transmitted or served if in writing and delivered personally or sent by registered or certified United States mail, postage prepaid, if to (or to such other addresses as either party hereto may from time to time designate in writing and deliver in a like manner): To the Town: Town of Marana Town Manager 13251 N. Lon Adams Road Marana, Arizona 85653 To the Developer: Exeter LXI, LLC c/o Stellar Homes Att: Scott Stiteler 5215 N. Sabino Canyon Road #100 Tucson, Arizona 85750 With a Copy to: Lawrence S. Rollin, Esq. Chandler, Tullar, Udall & Redhair, LLP 33 N. Stone Ave. #2100 Tucson, Arizona 85701 Article 8. General Terms and Conditions. 8.1. Term. This Agreement shall become effective upon its execution by all the Parties and the effective date of the resolution or action of the Town Council approving this Agreement (the "Effective Date"). The term of this Agreement shall begin on the Effective Date and, unless sooner terminated by the mutual consent of the Parties, shall automatically terminate and shall thereafter be void for all purposes on the twentieth anniversary of the Effective Date. If the Parties determine that a longer period is necessary for any reason, the term of this Agreement may be extended by written agreement of the Parties. The Developer shall be entitled to terminate this Agreement if the Town materially impairs the development entitlements on the Property granted by this Agreement. 8.2. Waiver. No delay in exercising any right or remedy shall constitute a waiver of that right or remedy, and no waiver by the Town or the Developer of the breach of any covenant of this Agreement shall be construed as a waiver of any preceding or succeeding breach of the same or any other covenant or condition of this Agreement. 8.3. Attorney's Fees. If any Party brings a lawsuit against any other Party to enforce any of the terms, covenants or conditions of this Agreement, or by reason of any breach or default of AGT 040615 Sky Ranch DA.doc 6/8/2004 8:45 AM FJC '5- this Agreement, the prevailing Party shall be paid all reasonable costs and reasonable attorneys' fees by the other Party, in an amount determined by the court and not by the jury. 8.4. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The signature pages from one or more counterparts may be removed from such counterparts and such signature pages all attached to a single instrument so that the signatures of all Parties may be physically attached to a single document. 8.5. Headings and Recitals. The descriptive headings of this Agreement are inserted for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement. The Recitals set forth at the beginning of this Agreement are hereby acknowledged, confirmed to be accurate and incorporated here. 8.6. Exhibits. Any exhibit attached to this Agreement shall be deemed to have been incorporated in this Agreement by reference with the same fome and effect as if fully set forth in the body of this Agreement. 8.7. Further Acts. Each of the Parties shall execute and deliver all documents and perform all acta as reasonably necessary, from time to time, to carry out the matter contemplated by this Agreement. Without limiting the generality of the foregoing, the Town shall cooperate in good faith and process promptly any requests and applications for plat or permit approvals or revisions, and other necessary approvals relating to the development of the Property by the Developer and its successors. 8.8. Future Effect. 8.8.1. Time Essence and Successors. Time is of the essence of this Agreement. All of the provisions of this Agreement shall inure to the benefit of and be binding upon the successors, assigns and legal representative of the Parties, except as provided in paragraph 8.8.2 below. Notwithstanding the foregoing, to the extent permitted by law, the Developer's rights under this Agreement may only be assigned by a written instrument, agreed to by all of the Parties and recorded in the Official Records of Pima County, Arizona, expressly assigning such rights, and no obligation of the Developer under this Agreement shall be binding upon anyone owning any fight, title or interest in the Property unless such obligation has been specifically assumed in writing or unless otherwise required by law. The Town understands that the Developer may create one or more entities or subsidiaries wholly owned or controlled by the Developer for purposes of carrying out the development of the Property as contemplated in this Agreement, and the Town's consent to the Developer's assignment of its rights under this Agreement to such entities or subsidiaries shall not be withheld. In the event ora complete assignment by Developer of all rights and obligations of Developer under this Agreement, Developer's liability under this Agreement shall terminate effective upon the assumption of those liabilities by Developer's assignee, provided that the Town has approved the assignment to such assignee, which approval shall not unreasonably be withheld. 8.8.2. Termination Upon Sale to Public. It is the intention of the Parties that although recorded, this Agreement shall not create conditions or exceptions to title or covenants running with the land, unless specifically noted above. Nevertheless, in order to alleviate any concern as to the effect of this Agreement on the status of title to any of the Property, this Agreement shall terminate without the execution or recordation of any further document or AGT 040615 Sky Ranch D~t.doc -6- 6/8/2004 8:45 dM FJC instrument as to any lot which has been finally subdivided and individually (and not in "bulk") leased (for a period of longer than one year) or sold to the end pumhaser or user and thereupon such lot shall be released from and no longer be subject to or burdened by the provisions of this Agreement. 8.9. No Partnership and Third Parties. It is not intended by this Agreement to, and nothing contained in this Agreement shall, create any partnership, joint venture or other arrangement between the Developer and the Town. No term or provision of this Agreement is intended to, or shall be for the benefit of any person, firm, organization or corporation not a party to this Agreement, and no such other person, firm, organization or corporation shall have any right or cause of action under this Agreement. 8.10. Other Instruments. Each Party shall, promptly upon the request of the other, have acknowledged and delivered to the other any and all further instruments and assurances reasonably request or appropriate to evidence or give effect to the provisions of this Agreement. 8.11. Imposition of DutY by Law. This Agreement does not relieve any party hereto of any obligation or responsibility imposed upon it by law. 8.12. Entire Agreement. This Agreement constitutes the entire agreement between the Parties pertaining to the subject matter of this Agreement. All prior and contemporaneous agreements, representation and understanding of the Parties, oral or written, are hereby superseded and merged in this Agreement. 8.13. Amendments to Agreement. No change or addition shall be made to this Agreement except by a written amendment executed by the Parties. The Parties agree to cooperate and in good faith pursue any amendments to this Agreement that are reasonably necessary to accomplish the goals expressed in the Final Plat and Specific Plan as amended by this Agreement. Within ten days after any amendment to this Agreement, it shall be recorded in the office of the Pima County Recorder by and at the expense of the Party requesting the amendment. 8.14. Names and Plans. The Developer shall be the sole owner of all names, titles, plans, drawings, specifications, ideas, programs, ideas, designs, and work products of every nature at any time developed, formulated or prepared by or at the instance of the Developer in connection with the Property or any plans; provided, however, that in connection with any conveyance of portions of the infrastructure as provided in this Agreement such rights pertaining to the portions of the infrastructure so conveyed shall be assigned to the extent that such rights are assignable, to the appropriate governmental authority. 8.15. Good Standing; Authority. The Developer represents and warrants to the Town that it is duly formed and validly existing under the laws of Arizona and is authorized to do business in the state of Arizona. The Town represents and warrants to the Developer that it is an Arizona municipal corporation with authority to enter into this Agreement under applicable state laws. Each Party represents and warrants that the individual executing this Agreement on its behalf is authorized and empowered to bind the Party on whose behalf each such individual is signing. 8.16. Severability. If any provision of this Agreement is declared void or unenforceable, it shall be severed from the remainder of this Agreement, which shall otherwise remain in full force and effect. If a law or court order prohibits or excuses the Town from undertaking any contractual commitment to perform any act under this Agreement, this Agreement shall remain in full force and effect, but the provision requiring the act shall be deemed to permit the Town to AGT 040615 Sky Ranch D~,t.doc 6/8/2004 8:45 .~M F. IC -7- act at its discretion, and if the Town fails to act, the Developer shall be entitled to terminate this Agreement. 8.17. Governing Law. This Agreement is entered into in Arizona and shall be construed and interpreted under the laws of Arizona, and the Parties agree that any litigation or arbitration shall take place in Pima County, Arizona. Nothing in the use of the word "litigation" in the preceding sentence shall constitute a waiver of paragraph 4.5, requiring disputes to be resolved by binding arbitration. 8.18. Interpretation. This Agreement has been negotiated by the Town and the Developer, and no party shall be deemed to have drafted this Agreement for purposes of construing any portion of this Agreement for or against any party. 8.19. Recordation. The Town shall record this Agreement in its entirety in the office of the Pima County Recorder no later than ten days after its has been executed by the Town and the Developer. 8.20. No Developer Representations. Except as specifically set forth in this Agreement, nothing contained in this Agreement shall be deemed to obligate the Town or the Developer to complete any part or all of the development of the Property. 8.21. Approval. If any Party is required pursuant to this Agreement to give its prior written approval, consent or permission, such approval, consent or permission shall not be unreasonably withheld or delayed. 8.22. Force Majeure. If any Party shall be unable to observe or perform any covenant or condition of this Agreement by reason of"force majeure," then the failure to observe or perform such covenant or condition shall not constitute a default under this Agreement so long as such Party shall use its best effort to remedy with all reasonable dispatch the event or condition causing such inability and such event or condition can be cured within a reasonable amount of time. "Force majeure," as used in this paragraph, means any condition or event not reasonably within the control of such party, including without limitation, "acts of God," strikes, lock-outs, or other disturbances of employer/employee relations; acts of public enemies; orders or restraints of any kind of government of the United States or any state thereof or any of their depathnents, agencies, or officials, or of any civil or military authority; insurrection; civil disturbances; riots; epidemics; landslides; lightning; earthquakes; subsidence; fires; hurricanes; storms; droughts; floods; arrests, restraints of government and of people; explosions; and partial or entire failure of utilities. Failure to settle strikes, lock-outs and other disturbances of employer/employee relations or to settle legal or administrative proceedings by acceding to the demands of the opposing Party or Parties, in either case when such course is in the judgment of and unfavorable to a Party shall not constitute failure to use its best efforts to remedy such a condition. 8.23. Conflict of Interest. This Agreement is subject to A.R.S. § 38-511, which provides for cancellation of contracts in certain instances involving conflicts of interest. AGT 040615 Sky Ranch D~l.doc 6/8/2004 8:45 .~IM FJC IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last date set forth below their respective signatures. TOWN: DEVELOPER: THE TOWN OF MARANA, an Arizona municipal corporation Exeter LXI, LLC, an Arizona Limited Liability Corporation By: Bobby Sutton, Jr., Mayor Date: ATTEST: Joeelyn C. Bronson, Clerk By:. Scott Stiteler, Manager Date: APPROVED AS TO FORM: Frank Cassidy, Town Attorney STATE OF ARIZONA )SS County of Pima ) The foregoing instrument was acknowledged before me on by Scott Stiteler, Manager of Exeter LXI, LLC, an Arizona limited liability corporation, on behalf of the corporation. My commission expires: Notary Public A G T 040615 Sky Ranch DA.doc 6/8/2004 8:45 AM FJC -9- EXHIBIT A UNSUBD~DED T,~I~ERINE CRO$SIN~ UNSUBDIVIDED ~ THiS PROJECT o (~P~) /~ ~ l7 PIt~A COUNP~ CAMINO DEL NORT£ UNSUBDMDED LOCATION PLAN SECTION 6, TI2S, RISE, 3"= I MILE G&$RB&M, TOVI/N OF MARANA, PIMA COUNTY, ARIZONA Exi mrr B PARCEL h : The Wast 6g0 feet of tim gouth 400 feet of Lot 2, 3cc~on 6, Tow~.ip 12 South, Ran~ 13 East, of th~ G/la and Sa~t Rivex Base and Meridian. Pin~ Couney, ~u'izona; ~CEFf ~ $o~th 30 f~-t and ~e West 30 feet the~of. PARC-EL 2: All of that po~ion of tho East 600 fe~t of Lot 3, Section 6, Tox~,hlp !2 Sou~ ~e 13 Em, G~dS~t~v~B~e~ ~p~,~ L~ N~wc~ly ~d ~jo~ ~c N~w~ ~ o~ Way of~o De Mm ~ ~ ~ of P~ ~, ~ ~ B~k 2 of ~ad ~ at Pag~ I ~ 4, a ~ ~ma C~ ~ ~ Book 7 of P~ Maps. Page PARCEL Thc East 600 feet of Lot 3, Section 6. Township 12 South. Range 13 Fast, of the Gila and Salt River Ba~e and Merid~ Pima County, Arizom; EXCEPT the North 50 feet, thc East 30 feet end the ~unth 30 feet; and EXCEPT that p~rtion l~dn~ Nozthwcs-texly of the ~,,'~,',~rly fi~t-of-wa~t l/ne of El Cemino de M,,~-,. as shown in Book 2 ofF, cad Maps. Page !, n~a~rds of Pima County, Arizo~ PARt~.L 4: Those p.ana of Section 6, Tow~,~.ip 12 South, gznge 13 East, of the Gila end Sal~ River Base end Merld~n. Piton County. A.'~zons~ deCca'bed ns foHow~. T~e Sou~east ~ Thc South half of the Northeast q~art~ Tb.e ~ knlfofthe Southwest qun.de~, The Southeast querier of the l~os'.hwast qua~e~, l~ts 4,5,6 end ?; Lot 3, EXCEPT the East 600 foot of s~.id Lot 3; ~ South 30 feet nnd thc ]~est 30 feet of the East 600 feet of Lot 3 and the Sout~ 30 feet allots I m~d2 nnd the West 30 f'e~ of'Lot 2; ~c~,'r/NO ~/:)M the ~s~ 30 fcct Il/n/; wi~in Thomy/~lc Road as P.e~Ju~on re~zded/~ DocJ~ 1064. Pa~ 205-208; AND EXCf2't'~G TH~I~F~OM t~¢ Nord3 50 foot lying wi~in Tnngnfine Road as shown by Map on fil~ ;n Book 7 of Road Maps, ~e ~3; ~nd- AL$O EXCEFTIN(} THEREFROM nny pofl/on ~ wi~in Cam/no do Manana Road No. 220 as shown by Map on file/n Book 2 of Road Maps, Page 1; and i~%IR.~ E~C~PTIlqO TItEI~FROM Ih~ ponkm ~ a~ foflh in Final Order of Condenmafion rcconted Sun~ t0, 1 ~4 in Dook~ 9~. Pa~ 1165, d~scribed is follow~: COMMENCINO at th~ South quarter corne~ of said ~gon 61 TJfl~C~ North G0 dc~zees Ot,~v~ ~ ~oom~h West messwu~Narth 00 56 s~adg Wosl rcconl~ along th~ We~t iiu~ ,~f e~- p~t lmlf on ff~m qu~t~ Secgon 6, a di~lance of660.6S ~et to a point;. THI~CE North 89 d~gn~s 48 minutca 29 ao~mds East~ 2609.20 fo~t mcasw~d (2,609.~ g f~e~ re¢0~]) to a point;10.00 Feet West of ~11~ E~t line nfSecion 6; THI~NCI~ Nonl~ GO ck-*~re~ 14 mimes 32 s~cflnd~ Wost, I,Sr/9,04 foe~m~s~d (~rorth ~grc~s ] 3 min~t~a 45 ~¢~ West. ! ~79.0~ feo~ ~e~ord) alon~ ~ lille pamll~l witl~ 20.00 fe~-~ We~t of IAc F~st line of the So-thes.~ qmfl~r of Section 6; THENC~ Nozth 00 d~ll~es 11 minutes 44 se~xmd8 West, 1341).02 f~ mutated (North dc~s 10 minutes ~$ acconcls WeSt, 1,348.95 f~o~ r~rd) elon~,, lino paralld wlth a~d b~in8 ~0.00 fcc~ W~ otthe Easiliao of the Northcnt quflcr of,%'c~ion 6; THI~NCE $cmth 89 degrees 52 rein'ares 13 ~emnds We~ 710.00. f~t measured (South degn:cs 53 ~;-~te~*00 ~ We~t. 780.00 foa~ m:otd) dong · line parallel wMt and 30.00 feet North oft~ 8o~thllne of Lin 1, to th~ TRUE I'O/NT OF T~ENCE o~'dnu~ ~o~b. ~P d~ree~ 52 mlnut~ 13 r~ds Wcsk 400.00 (South 89 degreea 53 m!nqt~ 00 seco~& We~ 400.0{} fcet record) to n point; TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: June 15, 2004 AGENDA ITEM: TO: MAYOR AND COUNCIL FROM: C. Brad DeSpain, Utilities Director SUBJECT: Resolution No. 2004-84: Relating to Water Service; approving and authorizing the 2004 Update of the Town of Marana Potable Water Master Plan. DISCUSSION The Marana Municipal Water System utilizes the Potable Water Master Plan as the key guidance document to identify the capital components required for both existing and future customers. This Plan identifies and defines key policy issues and presents a plan to effectively manage those policy issues. The Plan infrastructure sizing and cost estimate sections, as well as comparisons with other local water companies of similar nature, are helpful in evaluating key policy matters. The Plan identifies current conditions and population projections, and projected build out as defined by Town staff's most current version of the Marana General Plan. These projections allow for the development of a capital improvement program and the phasing of required infrastructure. Concerns about the continued mining of groundwater in the Marana and greater Pima County area are addressed by the Plan in its provision for a distribution system that has the flexibility to accept water from treated potable water sources as well as from its existing well systems. The Town will have the ability, with minor infrastructure adjustments, to accept source water from multiple concept alternative water resources. As the goal of the Town is to plan for the future development and construction of adequately sized, integrated infrastructure for future customers as the Town grows, the Plan provides a plan for system integration and reliability, and charts the appropriate fees to accommodate the long-term infrastructure development requirements of the utility. The fee schedules contained within the Plan provide a valuable tool which will enable the utility to efficiently and accurately assign appropriate fees. All improvements supporting growth are solely funded by the development community. RECOMMENDATION The Water Utility Advisory Committee and staff recommend approval of Resolution the 2004 Update of the Town of Marana Potable Water Master Plan. SUGGESTED MOTION I move to adopt Resolution No. 2004-84. BL U Water Master Plan 06/08/200411:27.4M APM MARANA RESOLUTION NO. 2004-84 RELATING TO WATER SERVICE; APPROVING AND AUTHORIZING THE 2004 UPDATE OF THE TOWN OF MARANA POTABLE WATER MASTER PLAN. WHEREAS, the Marana Municipal Water System utilizes the Potable Water Master Plan as the key guidance document to identify the capital components required for both existing and future customers; and WHEREAS, the Plan identifies current conditions and population projections, and projected build out as defined by Town staff's most current version of the Marana General Plan; and WHEREAS, the Plan in its provision for a distribution system that has the flexibility to accept water from treated potable water sources as well as from its existing well systems; and WHEREAS, the goal of the Town is to plan for the future development and construction of adequately sized, integrated infrastructure for future customers as the Town grows, the Plan provides a plan for system integration and reliability, and charts the appropriate fees to accommodate the long-term infrastructure development requirements of the utility; and WHEREAS, the Mayor and Council find that the terms and conditions of the Master Plan are in the best interest of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The 2004 Update of the Town of Marana Potable Water Master Plan, attached as Exhibit A to and incorporated here by this reference, is hereby authorized and approved. SECTION 2. The Mayor is hereby authorized and directed to execute, and the Town Clerk in hereby authorized and directed to attest to, said Exhibit A for and on behalf of the Town of Marana. SECTION 3. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this resolution. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 15thday of June, 2004. ATTEST: Mayor Bobby Sutton, Jr. Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney RSO 040615 Water Master Plan RSO 2004-84 2 ~M L El\ F.E2S *" I.M. u' at — - - -- RVARF # 2 r "",' TOT � a q ag - - � r r i ,s ' x � 1 MIN ICE E 4 tAtOKY , ----- ----- a� 1 SS 4 ow W FER SYSTEM E a n AY �' �f s l::YkS k ti\E S1 S t'k ?tt AN A t,YS IS �r k 4 3 4 $Ss N s , � 3 w tr a a riIac FUTURE SlY1 Al NN NALYSIS 4 r + 2€ . - -i v z .f (I IAN FP Xid f *a- mmnw.n..raw rc..we wart. it xa.� n.amn —" �� � y i 5 a dell; boosteir��� <y T!$ETI FaJhtyFbJwFbcSJiod z $a0D' SBxY4 1.0 $'0D X64 m Olio $75p 34 12 - HD $1,036 $r10O $750 1 25 $850 $x,18) $1160 L5 5.0 $Ln $3,33) $M $7cp 2 &0 sbm $4912 $I $7� 3 15.0 UD $12XD UOSD $�5p 4 25.0 TED �1,ftD A80O $750 6 500 'HD $1337D %6D $750 6 TOWN COUNCIL MEETING INFORMATION MEETING DATE: TO: FROM: SUBJECT: TOWN OF MARANA June 15, 2004 AGENDA ITEM: MAYOR AND COUNCIL Frank Cassidy, Town Attorney Executive Session DISCUSSION Executive Session pursuant to A.R.S. Section 38-431.03 (A)(4) to discuss and consult with the Town's attorney and to consider the Town's position and instruct the Town's attorney concerning Drake v. Town of Marana, Pima County Superior Court No. C20042039, regarding the Camino de Oeste/Cortaro Road annexation. None. RECOMMENDATION None. SUGGESTED MOTION Executive Session 06/08/2004/5:54 PM TOWN COUNCIL MEETING INFORMATION MEETING DATE: TO: FROM: SUBJECT: TOWN OF MARANA June 15, 2004 AGENDA ITEM: MAYOR AND COUNCIL Frank Cassidy, Town Attorney Action on Executive Session DISCUSSION The Council may take action on the Executive Session at this time should they desire to do so. RECOMMENDATION Council's pleasure. Council's pleasure. SUGGESTED MOTION Action on Executive Session 06/08/2004/5:54 PM