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HomeMy WebLinkAbout11/06/2007 Council Agenda Packet0, 9WARANA/7 4RIZON REGULAR COUNCIL MEETING NOTICE AND AGENDA Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 November 6, 2007, at or after 7:00 p.m. Ed Honea, Mayor Herb Kai, Vice Mayor Council Members Russell Clanagan Patti Comerford Tim Escobedo Carol McGorray Roxanne Ziegler ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA. Revisions to the agenda can occur up to 24 hours prior to the meeting. Revised agenda items appear in italics. AS A COUR-TESY TO OTHERS, PLEASE TURN OFF QR- PUT IN SILENT MODE ALL PAGEPLS AND CELL PHONES. 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 24 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 Call to the Public, Public Hearings, or other agenda items, you must fill out a speaker card (located in the lobby outside the Council Chambers) and deliver it to the Town Clerk prior to the convening of the meeting. All persons attending the Council meeting, whether speaking to the Council or not, are expected to observe the Council Rules, as well as the rules of politeness, propriety, decorum and good conduct. Any person interfering with the meeting in any way, or acting rudely or loudly will be removed from the meeting and will not be allowed to return. To better serve the citizens of Marana and others attending our meetings, the Council Chambers are 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 to the Town Clerk at least 10 working days prior to the Council meeting. Copies of the agenda are available the day of the meeting in the lobby outside the Council Chambers or online at www.marana.com, by linking to the Town Clerk page under Agendas, Minutes and Ordinances. For questions about the Council meetings, special services or procedures, please contact the Town Clerk, at 382-1999, Monday through Friday from 8:00 a.m. to 5:00 p.m. Posted no later than November 5, 2007, 7:00 p.m., at the Marana Municipal Complex, the Marana Operations Center and at www.marana.com under Town Clerk, Agendas, Minutes and Ordinances. ?O*N 0?t qkMARANA)7 JPIZOIN, A. CALL TO ORDER AND ROLL CALL REGULAR MEETING B. PLEDGE OF ALLEGIANCE AND INVOCATION/MOMENT OF SILENCE C. APPROVAL OF AGENDA D. CALL TO THE PUBLIC 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 minutes to speak. Any persons wishing to address the Council must complete a speaker card located outside the Council Chambers and deliver it to the Town Clerk prior to the commencement of the meeting. 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. E. PRESENTATIONS - 1. Presentation on the status of the Twin Peaks Interchange (Keith Brann) 2. Presentation of the Town's published Annual Budget and Financial Plan for fiscal year 2008 (Erik Montague) 3. Presentation update on the financial status for fiscal year 2008 (Erik Montague) ANNOUNCEMENTS[UPDATES PROCLAMATIONS - 1. Portable Practice Educational Preparation (Project PPEP) REGULAR COUNCIL MEETING NOTICE AND AGENDA Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 November 6, 2007, at or after 7:00 p.m. (Jocelyn Bronson) F. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS G. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS H. STAFF REPORTS GENERAL ORDER OF BUSINESS NOWN 0,, 9WARANA17 REGULAR COUNCIL MEETING NOTICE AND AGENDA Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 November 6, 2007.) at or after 7:00 p.m. 1. CONSENT AGENDA The Consent Agenda contains 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. 2007-182: Relating to Development; approving a release of assurance for Gladden Farms Block 2 and acceptance of public improvements for maintenance (Keith Brann) 2. Resolution No. 2007-183: Relating to Development; approving and authorizing acceptance of public improvements for maintenance at Tangerine Road and Dove Mountain Boulevard (Keith Brann) 3. Resolution No. 2007-184: Relating to Development; approving a release of assurance for Gladden Farms Block 21 and acceptance of public improvements for maintenance (Keith Brann) 4. Resolution No. 2007-185: Relating to Liquor Licenses; approval and recommendation to the State Liquor Board for a new license for a No. 12 (Restaurant) liquor license submitted by Dave Gerard Damitio on behalf of Native New Yorker Restaurant, located at 8225 N. Courtney Page Way (Jocelyn Bronson) 5. Resolution No. 2007-186: Relating to Development; approving and authorizing a final plat for Saguaro Forest at Dove Mountain (Kevin Kish) 6. Resolution No. 2007-187: Relating to Development; approving and authorizing a final plat for Gladden Farms Blocks 22 and 24 (Kevin Kish) 7. Resolution No. 2007-188: Relating to Development; approving and authorizing a final plat for Whitney Farms (Kevin Kish) 8. Resolution No. 2007-189: Relating to Development; approving and authorizing a final plat for Gladden Farms Blocks 7 and 13 (Kevin Kish) 9. Resolution No. 2007-190: Relating to Development; approving and authorizing a final block plat for Sanders Grove (Kevin Kish) 10. Resolution No. 2007-191: Relating to Public Works; approving and authorizing an intergovernmental agreement between the Regional Transportation Authority and the Town of Marana for wildlife linkage study along Twin Peaks Road over Rattlesnake Pass (Barbara Johnson) ,0* N 9kMARANA)7 I REGULAR COUNCIL MEETING NOTICE AND AGENDA Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 November 6, 2007, at or after 7:00 p.m. 11. Minutes of the regular meeting of October 16, 2007. J. COUNCIL ACTION 1. Resolution No. 2007-192: Relating to the Police Department; approving and authoring execution of a grant agreement with the Arizona Peace Officers Standards and Training Board to provide a speaker honorarium for Southern Arizona Law Enforcement Managers training presentation (T. Van Hook) 2. PUBLIC HEARING. Ordinance No. 2007.25: Relating to Development; approving and authorizing a rezoning for the Uptown at Marana Specific Plan (Kevin Kish) 3. PUBLIC HEARING. Ordinance No. 2007.28: Relating to Development; approving and authorizing a rezoning for Camino De Manana Properties (Kevin Kish) 4. Relating to Development; holding a public hearing for the Northeast Transportation Development Impact Fee (Keith Brann) 5. PUBLIC HEARING. Ordinance No. 2007.29: Relating to Development; approving and authorizing a modification to the rezoning conditions of Ordinance No. 2002.16 (Kevin Kish) 6. Resolution No. 2007-193: Relating to Development; requesting Federal Emergency Management Agency withdrawal of the September 17, 2007 draft "Pima County Levee Failure Analysis" floodplain maps; authorizing Town funding of a detailed floodplain study of affected areas of the Town; identifying potential future funding to reimburse study costs; authorizing appropriate Town staff action; and declaring an emergency (Keith Brann) 7. Resolution No. 2007-194: Relating to Public Works; authorizing Town of Marana participation in the settlement of a potential backfill soil claim for the Honea Heights Sewer Project in the amount of up to 50% of the ultimate award; authorizing the Mayor to send a letter on the Town's behalf regarding same; and declaring an emergency (Frank Cassidy) K. BOARDS, COMMISSIONS AND COMMITTEES L. ITEMS FOR DISCUSSION/POSSIBLE ACTION M. EXECUTIVE SESSIONS -,O\\'N 0., qkMARANA)7 REGULAR COUNCIL MEETING NOTICE AND AGENDA Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 November 6, 2007, at or after 7:00 p.m. 1. Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. 2. Executive Session pursuant to A.R.S. §38-431.03(A)(3),(4),(6) and (7) for legal advice with the Town Attorney concerning water rights and water service issues and to consult with and instruct the Town Attorney and the Town Manager concerning the lawsuit entitled Town of Marana v. Pima County, Pima County Superior Court No. C20076038, and to direct the Town Manager and Town Attorney with respect to that litigation and other water rights and water service issues (Frank Cassidy) N. FUTURE AGENDA ITEMS Notwithstanding the mayor's discretion of what items to place on the agenda, if three or more council members request an item to be placed on the agenda, it must be placed upon the agenda for the second regular town council meeting after the date of the request (Marana Town Code, Title 2, Chapter 2-4, Section 2-4-2 B) 0. ADJOURNMENT TOWN COUNCIL MEETING TOWN OF MARANA 9 MARANA 7 INFORMATION ltu?r / RIZ MEETING DATE: November 6, 2007 AGENDAITEM: E. I TO: MAYOR AND COUNCIL FROM: Keith Brann, P.E., Assistant Director of Public Works SUBJECT: Presentation on the status of the Twin Peaks Interchange DISCUSSION Town staff will give a presentation on the status of the design for the Twin Peaks Interchange. Items to be discussed include: • Stage IV plans, expected submittal of PS&E plans • Final Aesthetic treatments • Right of Way acquisition • Environmental clearances • Railroad clearances • Funding RECOMMENDATION Presentation only Twin Peaks status 111612007 L-33 KEB N 0 TOWN COUNCIL MEETING TOWN OF MARANA 9 MARANA 7 INFORMATION 1Z MEETING DATE: November 6, 2007 AGENDA ITEM: E. 2 TO: MAYOR AND COUNCIL FROM: Erik Montague, Finance Director SUBJECT: Presentation of the Town's published Annual Budget and Financial Plan for fiscal year 2008. DISCUSSION The Government Finance Officer's Association (GFOA) established the Distinguished Budget Presentation Awards Program (Budget Awards Program) in 1984 to encourage and assist state and local governments to prepare budget documents of the very highest quality that reflect both the guidelines established by the National Advisory Council on State and Local Budgeting and the GFOA's recommended practices on budgeting and then to recognize individual governments that succeed in achieving that goal. In order to be considered for the Budget Awards Program the Town's published budget must serve as a: • Policy Document • Financial Plan • Operations Guide • Communication Device There are twenty seven individual requirements that must be met. We believe that the fiscal year 2007-2008 Annual Budget and Financial Plan complies with the Budget Awards Program and we will be submitting it to GFOA for consideration. This will be the Town's first formal submission. ATTACHMENTS The Town's Annual Budget and Financial Plan for fiscal year 2007-2008 will be distributed to Council before the meeting. Presentation ofFY 200 7-08 Annual Budget & Financial Plan 1012410 7 9:3 0 AM EM TOWN COUNCIL MEETING TOWN OF MARANA 'A? .1 7 (4 INFORMATION gj-zovk ?, MEETING DATE: November 6, 2007 AGENDAITEM: E. 3 TO: MAYOR AND COUNCIL FROM: Erik Montague, Finance Director SUBJECT: Presentation update on the financial status for fiscal year 2008. DISCUSSION Staff will provide a presentation on the overall financial status of the Town for the first quarter of fiscal year 2008. FY 2007-08 Financial Update QTRI 1012410710:30AM EM PR-OCLAMATION PORTABLE PRACTICAL EDUCATIONAL PREPARATION, INC. WHEREAS Portable Practice Educational Preparation (Project PPEP) was founded by Dr. John David Arnold on August 24, 1967 and incorporated on December 10, 1969; and WHEREAS the mission of Project PPEP is to improve the quality of life in rural and the underserved areas of Arizona and the Rocky Mountain Border States and help low-income individuals overcome the problems faced by rural populations by mobilizing public and private resources; and WHEREAS in a converted 1957 Chevrolet school bus named "La Tortuga," Dr. Arnold and several literacy volunteer teachers would drive to Rillito, Marana and Avra Valley and give classes in literacy GED, nutrition, consumer education and other practical instructional classes; and WHEREAS in Marana Project PPEP wrote the first HUD funded sewer grant, built the Don Frew Apartments, purchased the Yoem Pueblo (then a farm labor camp) from the Cortaro Water Users and obtained funding for its redevelopment; and WHEREAS Project PPEP, through its rural weatherization and rehab housing program renovated the first offices of the Town of Marana; established the La Tortuga Transit which operated for 18 years, provided behavioral health counseling, social services, job training, home repair and micro-business loans. NOW, THEREFORE, the Mayor and Council of the Town of Marana recognize and commend the efforts of PORTABLE PRACTICAL EDUCATIONAL PREPARATION (PR_OJECT PPEP) FURTHER, the Mayor and Council acknowledge the 40 years of service Dr. Arnold and Project PPEP volunteers have given to our community and ask all citizens to support this outstanding organization. Dated this 6' day of November, 2007. ??e 101,t Cl-- Ed Honea, Mayor ATTEST: ?ocelyn C?.Bronson, Town Clerk TOWN COUNCIL MEETING TOWN OF MARANA 'I MARANA 7 INFORMATION (i 1Z0 MEETING DATE: November 6, 2007 AGENDAITEM: 1.1 TO: MAYOR AND COUNCIL FROM: Keith Brann, P.E., Town Engineer SUBJECT: Resolution No. 2007-182: Relating to Development; approving a release of assurance for Gladden Farms Block 2 and acceptance of public improvements for maintenance. DISCUSSION This resolution will release the Assurance between Richmond American Homes of Arizona, Fidelity National Title and the Town of Marana, regarding Gladden Farms Block 2 as depicted on Exhibit A. Gladden Farms Block 2 subdivision is comprised of lots I through 108 and Common Areas 'Al' through 'AI8, '131% '132% 'Cl' and 'C2'. The subdivision has been recorded in the Pima County Recorder's Office. In releasing said Assurance, the Town of Marana will accept for maintenance, including regulatory traffic control signs and street signs, approximately 0.93 miles of the following paved streets: Farmall Drive Golden Jubilee Drive Barley Drive Skoda Drive Hackney Drive Bolens Drive Fordson Drive The Town will accept for maintenance, a potable water system including appurtenances, valves, water meters and fire hydrants for the above referenced project. ATTACHMENTS Exhibit A - Map of streets to be accepted RECOMMENDATION Staff recommends release the Assurance for Gladden Farms Block 2 and acceptance of the public improvements for maintenance. SUGGESTED MOTION I move to approve Resolution No. 2007-182. Gladden Farms Block 2 Lots 1- 108 Full Release MARANA RESOLUTION NO. 2007-182 RELATING TO DEVELOPMENT; APPROVING A RELEASE OF ASSURANCE FOR GLADDEN FARMS BLOCK 2 AND ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR MAINTENANCE. WHEREAS, Gladden Farms Block 2 is a 25.36 acre subdivision located south of Moore Road, and west of Lon Adams Road, containing lots 1-108, and common areas 'Al'through 'A 18', 'B 1', 'B2', 'C I' and 'C2', and is recorded at the Pima County Recorder's Office in Book 60 of Maps and Plats, Page 12; and WHEREAS, the Town has an Assurance for the completion of public improvements; and WHEREAS, Richmond American Homes of Arizona, has completed the public improvements acceptable to Town standards in accordance with the Assurance Agreement for Gladden Farms Block 2. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana as follows: Section 1. Gladden Farms Block 2 is hereby released from the Assurance Agreement with Richmond American Homes of Arizona under Trust 60,183. Section 2. The Town accepts for maintenance, including maintenance of regulatory traffic control and street signs, approximately 0.93 miles of the following paved streets as shown on Exhibit A: Farmall Drive • Barley Drive • Hackney Drive Fordson Drive • Golden Jubilee Drive • Skoda Drive Bolens Drive Section 3. The Town accepts for maintenance a potable water system including appurtenances, valves, water meters and fire hydrants for the above referenced project. Marana Resolution No. 2007-182 Page I of 2 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6?h day of November, 2007. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Page 2 qf2 ---Zan I - LLI FE cc LLI z IZ IL .0 LLI 2 t 0 , , - -- z3 I.. Z22;-, cc Lu z .3= a 0 P CD 0 U. U) z Lli 1 00- 00 CD z - -3 1, a- ?r? i g z rL .Pjwa? i 4g g CL ? ul Ic CL tu a W a C4 0`6 0 0 le UP n n F - -z i D g -i 29 T uj . t I E LU , , m- 2- F z o Z l in! L LU ui x LU gal ?S t i,2 6 -63 -!g t Z 2 5.- EA H?2ff pgp:8p? E i T;-597t!;- ?E7 a? - - - a.-- HE i, Is 6 lu F tE rA 2A OF%& igg -'t .:j-S 2n- a 0 se? p - ?! Z Ep .5 SZE. 44 LO Tg-- E f2 71& WHO --nT28 3--Z l-% uj N TOWN COUNCIL TOWN OF MARANA MEETING MARANA INFORMATION 1Z MEETING DATE: November 6, 2007 AGENDAITEM: 1.2 TO: MAYOR AND COUNCIL FROM: Keith Brann, P.E., Town Engineer SUBJECT: Resolution No. 2007-183: Relating to Development; approving and authorizing acceptance of public improvements for maintenance at Tangerine Road and Dove Mountain Boulevard DISCUSSION This resolution will accept for maintenance, including regulatory traffic control signs and street signs, approximately 1500 linear feet of Tangerine Road. Improvements, including an auxiliary lane, were constructed as part of the Dove Mountain Retail Centre project. ATTACHMENTS Exhibit A - Map of improvements to be accepted RECOMMENDATION Staff recommends acceptance of the public improvements for maintenance. SUGGESTED MOTION I move to approve Resolution No. 2007-183. Dove Mountain Retail Centre- Tangerine Rd. ROWImprovement Acceptance MARANA RESOLUTION NO. 2007-183 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR MAINTENANCE AT TANGERINE ROAD AND DOVE MOUNTAIN BOULEVARD. WHEREAS, Cottonwood Properties has completed the public improvements acceptable to Town standards in accordance with the Development Plan (DPR-04136) for Dove Mountain Retail Centre. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana as follows: Section 1. The Town accepts for maintenance, including maintenance of regulatory traffic control and street signs, 1500 linear feet of paved streets for the following appurtenances, as depicted on Exhibit A: A. Tangerine Road. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6th day of November, 2007. ATTEST: Jocelyn C. Bronson, Town Clerk Mayor Ed Honea APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Resolution No. 2007-183 Page I of I A Lo CL ? Q 2 U)o YM ii.- (L I I .. hp iiii 12- . I ?g ' MwN' I gi IMP hmth?'Ia I 0, t U. LL Q9 MHO oil M M13 v 0 Z 1 1 17 1? P 8 8 L U: ui IU 'z ?6 A_; t8 x LU N 0 TOWN COUNCIL TOWN OF MARANA MEETING I ARANA 7 INFORMATION 10 MEETING DATE: November 6,2007 AGENDAITEM: 1.3 TO: MAYOR AND COUNCIL FROM: Keith Brann, P.E., Town Engineer SUBJECT: Resolution No. 2007-184: Relating to Development; approving a release of assurance for Gladden Farms Block 21 and acceptance of public improvements for maintenance. DISCUSSION This resolution will release the Assurance between GMAC Model Home Finance Inc., US Homes Corporation/Lennar and Title Security Agency of Arizona, under Trust No's. 892 and 879 and the Town of Marana, regarding Gladden Farms Block 21 as depicted on Exhibit A. Gladden Farms Block 21 is comprised of lots I through 97 and common areas 'Al' through ?AIT% 61311, 6132', 'Cl' and 'C2'. The subdivision is recorded in Book 60 of Maps and Plats, Page 38, Pima County Recorders Office, Arizona. In releasing said Bonds, the Town of Marana will accept for maintenance, including regulatory traffic control signs and street signs, approximately 0.80 miles of the following paved streets: Barbadense Drive Parula Drive Dulin Drive Sora Place Flycatcher Drive Coppertail Drive Rivoli Drive Gadwall Drive The Town will accept for maintenance, a potable water system including appurtenances, valves, water meters and fire hydrants for the above referenced project. ATTACHMENTS Exhibit A - Map of streets to be accepted RECOMMENDATION Staff recommends release of the Assurance for Gladden Farms Block 21 and acceptance of the public improvements for maintenance. SUGGESTED MOTION I move to approve Resolution No. 2007-184. Gladden Farms Block 21 Lots 1-97 Full Release MARANA RESOLUTION NO. 2007-184 RELATING TO DEVELOPMENT; APPROVING A RELEASE OF ASSURANCE FOR GLADDEN FARMS BLOCK 21 AND ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR MAINTENANCE. . WHEREAS, Gladden Farms Block 21 is a 24.06 acre subdivision located east of Lon Adams Road, containing lots 1-97, and common areas 'Al' through 'A12% 'Bl', '132% 'Cl' and 'C2', and is recorded at the Pima County Recorder's Office in Book 60 of Maps and Plats, Page 3 5; and WHEREAS, the Town has Assurance assuring the completion of public improvements; and WHEREAS, US Home Corporation/Lennar, has completed the public improvements acceptable to Town standards in accordance with the Assurance Agreement for Gladden Farms Block 21; and NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana as follows: Section 1. Gladden Farms Block 21 is hereby released from the Assurance Agreement with GMAC Model Home Finance Corporation and US Home Corporation/Lennar under Trusts 892 and 879. Section 2. The Town accepts for maintenance, including maintenance of regulatory traffic control and street signs, for maintenance, approximately 0.80 miles of the following paved streets as shown on Exhibit A: • Barbadense Drive • Dulin Drive • Flycatcher Drive • Rivoli Drive • Parula Drive • Sora Place • Coppertail Drive • Gadwall Drive Marana Resolution No. 2007-184 Page I of 2 Section 3. The Town accepts for maintenance, a potable water system including appurtenances, valves, water meters and fire hydrants for the above referenced project. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6th day of November, 2007. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Marana Resolution No. 2007-184 Page 2 of 2 Aso -A PC 1 TANK H rj i I Sim! 10 A Z W 0 Us F gz 1 1 02 py 1 1 If a I 115 Ell i ZINC 'I . , I LU 0 ow U01 1 1 1 LU MW toll! I CIRRI ; M R " S, H! 1 H 0 g 2 x.- d - al 11 i lips An, pis I , 4- 1 1 14 1H A lys, - - - - - - - - - - - - - - - - - - - is I SHIP WW M U L min % 1 M ill ill V V R! IN 01 T K; P2 HIM W Inall W ? cn V Z 11; 11111 A j a Re Y1 Us jewl UQ, 5M H'i 'co, I a i i i I D-_ 00 0<- CD 7 4-J CD :9 AS Sc Q N !phi 145 1, -141 W i 19 All pig q GO; Ful. K" 1 WN Ndo vi: Q HS hP 1 i LL.U I a jua; in" "' 0 'BIG 011 A; Q Q i i HAN A NOW a J is QGRI KH; 11, QW nil 1 ...... ARA z 0 41 1 it. WRT W M ism ig qpat ly loll) x x 22 I "'N ?.3 ig q: :14,4111 .11 TOW p !j 1:6 a .0 '1. i : 15PI Q g H 1! 11 wig is- OR I J" W4 !P 1 0; 11 is 21011 h big H! is!! ggj Q 15 2 PPjj!1H 11 A ISS H! 11,1NII q Wj , - 0; 01101, S; 1011 :12 111. ;IH;qj Q m, Q, '"s 641 a 1 i NNEW W M W G11 RUIRNP : 19 MiHs Go 1-1 Q all US la in; on, 011 ! ! ! AHNS mily WPM: 1 - 51 -- ---- a MIRI Nil QTPI! 1 T! :100 Nil: mhwxx 91 jq! lk ii 0 §1 !? 1. , Ss '-g MAP! 9 1 ill P90 W R Xhi Ol 141 %-, "a to Amon i IT NG p:2 oil M.Wn is v 511 W "M Hl P W M lip, 1 in, n H! n 11HUH11 11 oil Hull! 111i 22-P i'l- w 11 A A MIN 1z 9 4 a a a e i 1 z 4 A 4 N 0 TOWN COUNCIL MEETING TOWN OF MARANA 11 MARANA 7 INFORMATION MEETING DATE: November 6, 2007 AGENDAITEM: 1.4 TO: MAYOR AND COUNCIL FROM: Jocelyn C. Bronson, Town Clerk AGENDA TITLE: Resolution No. 2007-185: Relating to Liquor Licenses; approval and recommendation to the State Liquor Board for a new license for a No. 12 (Restaurant) liquor license submitted by Dave Gerard Damitio on behalf of Native New Yorker Restaurant, located at 8225 N. Courtney Page Way DISCUSSION Dave Gerard Damitio, on behalf of Native New Yorker Restaurant, is applying for a new license for a No. 12 (Restaurant) liquor license for premises located at 8225 N. Courtney Page Way. The State Department of Liquor Licenses & Control has completed a background investigation and has forwarded two copies of an application for a spirituous liquor license in accordance with the State of Arizona Guide to Arizona Liquor Laws. One copy of the application has been posted on the front of the proposed licensed premises for 20 days prior to this meeting. The Council, as the appropriate governing board, must hold a meeting and either approve, disapprove or offer a "no-recommendation" decision on the application. This action must take place within 60 days of the filing of the application. If the application is approved at the appropriate government level, and no written protests have been received by the Town, and if there is no objection by the Director, the application will be approved. This process normally takes 90 days after the filing of the application. If the governing body disapproves the application or offers a "no-recommendation" decision, or if protests have been filed, the application must be set for a hearing before the State Liquor Board. The hearing may be conducted by the board or by a designated hearing officer. The purpose of a hearing is to consider all evidence and testimony in favor of or opposed to the granting of a license. The applicant for a new license bears the burden of demonstrating his or her "capability, qualifications and reliability" and that the granting of a license is in "the best interest of the community" except that, in a person-to-person transfer, an applicant need only prove his or her "capability, qualifications and reliability". An applicant in a location-to-location transfer need only prove that the granting of the license is in the "best interest of the community". The decision by the board to grant or deny an application will normally take place within 105 days after the application has been filed, unless the director deems it necessary to extend the time period. A.R.S. 4-201, 4-201.01, 4-203; Rule R-4-15-102. RECOMMENDATION Staff recommends approval and recommendation to the state liquor board for this liquor license. SUGGESTED MOTION I move to approve Resolution No. 2007-185. -2- MARANA RESOLUTION NO. 2007-185 RELATING TO LIQUOR LICENSES; APPROVAL AND RECOMMENDATION TO THE STATE LIQUOR BOARD FOR A NEW LICENSE FOR A NO. 12 (RESTAURANT) LIQUOR LICENSE SUBMITTED BY DAVE GERARD DAMITIO ON BEHALF OF NATIVE NEW YORKER RESTAURANT, LOCATED AT 8225 N. COURTNEY PAGE WAY. WHEREAS, pursuant to A.R.S. Section 4-201, the Town Council of the Town of Marana is empowered to recommend approval or disapproval of a liquor license request to the Arizona Department of Liquor Licenses and Control; and WHEREAS, Dave Gerard Damitio has applied for a new license for a No. 12 (Restaurant) liquor license on behalf of Native New Yorker Restaurant, for premises located at 8225 N. Courtney Page Way; and WHEREAS, Town staff filed one copy of the application in the office of the Town Clerk, and posted the other on the front of the premises at 8225 N. Courtney Page Way for 20 days along with a statement requiring any bona fide resident residing, owning, or leasing property within a one mile radius in favor of or opposed to such issuance of the license to file written arguments in favor of or opposed to such issuance with the Town Clerk; and WHEREAS, the Town Council considered all statements filed by the applicant and any bona fide resident at a public meeting on November 6, 2007, and has determined that it is in the best interests of the Town and its citizens that the application for a new liquor license for Native New Yorker Restaurant, filed by Dave Gerard Damitio for premises located at 8225 N. Courtney Page Way be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Town recommends approval of the application for a new liquor license for Native New Yorker Restaurant, filed by Dave Gerard Damitio for premises located at 8225 N. Courtney Page Way, be approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6th day of November, 2007. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Marana Resolution No. 2007-185 0 N 0 _! L ?__ TOWN COUNCIL MEETING TOWN OF MARANA .11 MAIRIANAA , 7 INFORMATION ?4 1Z0 MEETING DATE: November 6, 2007 AGENDAITEM: 1.5 TO: MAYOR AND COUNCIL FROM: Kevin Kish, AICP, Planning Director SUBJECT: Resolution No. 2007-186: Relating to Development; approving and authorizing a fmal plat for Saguaro Forest at Dove Mountain. DISCUSSION Reques The request is for final plat approval of a 62-lot single family custom home subdivision with Block "A" (future commercial) and Block "B" (future residential) on 144.9 acres within the Dove Mountain Specific Plan. Location The proposed subdivision is located on the south side of Dove Mountain Boulevard, approximately 4.5 miles north of Tangerine Road. Zoniniz and Builder Information The land use designations are "LDR" (minimum lot size of 6,000 square feet) and "MUC" (mixed use commercial) per the Dove Mountain Specific Plan. The minimum lot size of this proposed subdivision is 21,462 square feet (Lot 69) and the average lot size is 35,761 square feet. Houses will be custom-built within approved building envelopes assigned by the Dove Mountain ARC. This project is subject to compliance with the Dove Mountain Conservation Plan regarding native plants, wildlife and other natural resources found at Dove Mountain. Transportation . Access to this gated custom-built subdivision will be provided from a private street off of Dove Mountain Boulevard. Approximately 1.5 miles of private streets will be constructed to town standards for this project. Parks Since the gross density of this subdivision is only 0.7 residences per acre the Marana Land Development Code doesn't require an on-site park. All houses are required to pay the appropriate park impact fee at time of building permit. ATTACHMENTS Application, location map and reduced final plat. Saguaro Forest at Dove Mountain FP TC.doc RECOMMENDATION Staff has reviewed the application for compliance with the Dove Mountain Specific Plan, the Marana Land Development Code and the Marana General Plan. This final plat is in conformance with all required development regulations. Staff recommends approval of the final plat for Saguaro Forest at Dove Mountain. SUGGESTED MOTION I move to approve Resolution No. 2007-186. -2- Saguaro Forest at Dove Mountain FP TC.doc MARANA RESOLUTION NO. 2007-186 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A FINAL PLAT FOR SAGUARO FOREST AT DOVE MOUNTAIN. WHEREAS, the applicant, OPW Engineering, LLC representing the property owners of Saguaro Forest at Dove Mountain, has applied for approval of a final plat for a 62-lot single family home subdivision on 144.9 acres, including lots I through 28, 57 through 89, 106, Blocks "A" and "B", and Common Areas "A", "B" and "C", and generally located four and a half miles north of Tangerine Road on the south side of Dove Mountain Boulevard, within Sections 22 and 23, Township I I South and Range 12 East; and WHEREAS, the Town Council, at their regular meeting on November 6, 2007 has determined that Saguaro Forest at Dove Mountain final plat should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that Saguaro Forest at Dove Mountain final plat, a 62-lot single family home subdivision within the Dove Mountain Specific Plan and generally located four and a half miles north of Tangerine Road on the south side of Dove Mountain Boulevard, within Sections 22 and 23, Township I I South and Range 12 East is hereby approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6th day of November 2007. ATTEST: Mayor Ed Honea Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Resolution 2007-XXX Saguaro Forest at Dove Mountain FP,doc The Saguaro Forest at Dove Mountain exhibits are on file and available for viewing from 8:00 a.m. to 5:00 p.m. Monday through Friday excluding holidays, at the office of the Town Clerk 115 5 5 W. Civic Center Drive, Marana, AZ 85653. TOWN COUNCIL MEETING TOWN OF MARANA 9 MARANA 7 INFORMATION MEETING DATE: November 6,2007 AGENDAITEM: 1.6 TO: MAYOR AND COUNCIL FROM: Kevin Kish, AICP, Planning Director SUBJECT: Resolution No. 2007-187: Relating to Development; approving and authorizing a final plat for Gladden Farms Blocks 22 and 24. DISCUSSION Reques The applicant requests final plat approval for a I I 8-lot single family detached home subdivision on approximately 29.4 acres within the Gladden Farms development. Location The proposed subdivision will be located in Block 22 and a portion of Block 24 of the Gladden Farms block plat, southeast of the comer of Tangerine Farms Road and Lon Adams Road. Zoninp_ and Builder Information The zoning for Blocks 22 and 24 is R-6 (Single Family Residential with a minimum lot size of 6,000 square feet). The minimum lot size within this project is 6,118 square feet (lot 7) with an average lot size of 7,104 square feet. Gladden Forest L.L.C. does not yet have a builder for this subdivision. Once a builder has committed to this Block, staff will review the proposed floor plans and elevations for conformance with the adopted residential design standards. Transportation This project will have one access off of Tangerine Farms Road and will intemally connect to Block 21 to the north and Block 39 of Gladden Farms II to the east. Park Requirements, Trail Connectivity and Benefit Fee Area Blocks 22 and 24 require a minimum of 21,830 square feet of improved recreation area. The active recreation area has been planned for a portion of Common Area "C-l", which is located within the southwest portion of the subdivision. It will contain two ramadas with picnic tables, barbeque grill, drinking fountain and half basketball court. The subdivision will provide one trail access point to the Gladden Farms Commercial Center that is located to the west. The builder will be responsible for all applicable park and transportation impact fees along with a school contribution of $900 per unit, payable at building permit issuance. Gladden Farms Block 22 & 24 Fl? TC.doc ATTACHMENTS Application, location map and plat reduction RECOMMENDATION Staff has reviewed the application for compliance with the development agreement, the Marana Land Development Code, the Northwest Marana Area Plan and the Marana General Plan. This final plat is in conformance with all required development regulations and conditions of zoning. Staff recommends approval of a final plat for Gladden Farms Blocks 22 and 24. SUGGESTED MOTION I move to approve Resolution No. 2007-187. Gladden Fanns Block 22 & 24 FP TC.doc MARANA RESOLUTION NO. 2007-187 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A FINAL PLAT FOR GLADDEN FARMS BLOCKS 22 AND 24. WHEREAS, on December 4, 200 1, the Town of Marana adopted Resolution No. 2001 - 155, approving the final block plat for Gladden Farms, Book 55 Page 60; and WHEREAS, Gladden Forest L.L.C., the owner of Gladden Farms Blocks 22 and 24, has applied for approval of a final plat for a 118-lot single-family home subdivision on approximately 29.4 acres, including lots I through 118 and common areas "A- I "-"A- 1519, a6B- 1 15 "B-4" and "C-l"-"C-2", and is generally located southeast of Tangerine Farms Road and Lon Adams Road, within Section 34, Township I I South, Range I I East; and WHEREAS, the Marana Town Council, at their regular meeting on November 6, 2007, determined that the Gladden Farms Blocks 22 and 24 final plat should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that Gladden Farms Blocks 22 and 24 final plat is hereby approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6th day of November, 2007. ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Mayor Ed Honea Marana Resolution No. 2007-187 The Gladden Farms Blocks 22 and 24 exhibits are on file and available for viewing from 8:00 a.m. to 5:00 p.m. Monday through Friday excluding holidays, at the office of the Town Clerk, 115 5 5 W. Civic Center Drive, Marana, A-Z 85653. N TOWN COUNCIL TowN OF MARANA MEETING 1 7 I ?RARtl INFORMATION 4pizotk (4 K MEETING DATE: November 6, 2007 AGENDA ITEM: 1. 7 TO: MAYOR AND COUNCIL FROM: Kevin Kish, AICP, Planning Director SUBJECT: Resolution No. 2007-188: Relating to Development; approving and authorizing a final plat for Whitney Farms. DISCUSSION Reques The applicant requests final plat approval of a 12-lot single-family detached subdivision on approximately 2 acres. Location This proposed subdivision is generally located on the west side of Whitney Lane and approximately 120 feet south of Swanson Street. Zonin2 and Builder Information Existing zoning of this project as well as all surrounding lots is A-Small Lot Zone with a lot size of 2.5 acres or less. The site is currently two parcels and had contained multiple manufactured homes that have been removed. The owner's intent is to create individual lots for site built homes. The proposed average area per lot is 7,405 square feet. The smallest lot area is 7,206 square feet and the largest lot area is 7,850 square feet. The Developer does not have a builder at this time. This project will adhere to the adopted Residential Design Standards and will connect to nearby sewer lines. Transportation Whitney Lane is the nearest paved access which serves this subdivision and provides access to Moore Road. ATTACHMENTS Application, location map and plat reduction. RECOMMENDATION Staff has reviewed the request against the requirements of the Marana Land Development Code and the General Plan. This final plat is in conformance with all required development regulations. Staff recommends approval of this final plat. SUGGESTED MOTION I move to adopt Resolution No. 2007-188. 110607 PRV-06096 Vibitney Farms FP Mdoc MARANA RESOLUTION NO. 2007-188 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A FINAL PLAT FOR WHITNEY FARMS. WHEREAS, STIDI Development LLC and In & Out Properties LLC, the owners of the Whitney Farms subdivision, have applied for approval of a final plat for an 12-lot single-family detached home subdivision on 2.09 acres, including lots I through 12, and is generally located on the west side of Whitney Lane and approximately 120 feet south of Swanson Street, within Section 33, Township I I South, Range I I East; and WHEREAS, the Marana Town Council, at their regular meeting on November 6, 2007, determined that the Whitney Farms final plat should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that Whitney Farms final plat is hereby approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6th day of November, 2007. ATTEST: Ed Honea, Mayor Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney The Whitney Farms exhibits are on file and available for viewing from 8:00 a.m. to 5:00 p.m. Monday through Friday excluding holidays, at the office of the Town Clerk, 11555 W. Civic Center Drive, Marana, AZ 85653. TOWN COUNCIL MEETING TOWN OF MARANA 11 M-) . 7 INFORMATION to MEETING DATE: November 6, 2007 AGENDAITEM: 1.8 TO: MAYOR AND COUNCIL FROM: Kevin Kish, AICP, Planning Director SUBJECT: Resolution No. 2007-189: Relating to Development; approving and authorizing a final plat for Gladden Farms Blocks 7 and 13. DISCUSSION Reques The applicant requests final plat approval for a 75-lot single family detached home subdivision on approximately 28.3 acres within the Gladden Farms development. Location The proposed subdivision will be located in Blocks 7 and 13 of the Gladden Farms block plat, on the west side of Tangerine Farms Road between Moore Road and Gladden Farms Drive/Heritage Park Drive. Zoninp- and Builder Information The zoning for Blocks 7 and 13 is R-8 (Single Family Residential with a minimum lot size of 8,000 square feet). The minimum lot size within this project is 8,140 square feet (lot 46) with an average lot size of 9,035 square feet. Gladden Forest L.L.C. does not yet have a builder for this subdivision. Once a builder has committed to this Block, staff will review the proposed floor plans and elevations for conformance with the adopted residential design standards. Transportation This project will have two access points off of Tangerine Fanrls Road. Park Requirements, Trail Connectivity and Benefit Fee Area Blocks 7 and 13 require a minimum of 13,875 square feet of improved recreation area. The active recreation area has been planned for a portion of Block A, which is located along the western and northern portions of the subdivision. It will contain a ramada with picnic tables, barbeque grill, drinking fountain, play structure with canopy and exercise circuit stations. A trail will be provided at the southeast comer of the subdivision to connect it to the adjacent Heritage Park. The builder will be responsible for all applicable park and transportation impact fees along with a school contribution of $900 per unit, payable at building permit issuance. Gladden Fanns Block 7 & 13 FP Mdoc ATTACHMENTS Application, location map and plat reduction RECOMMENDATION Staff has reviewed the application for compliance with the development agreement, the Marana Land Development Code, the Northwest Marana Area Plan and the Marana. General Plan. This final plat is in conformance with all required development regulations and conditions of zoning. Staff recommends approval of a final plat for Gladden Farms Blocks 7 and 13. SUGGESTED MOTION I move to approve Resolution No. 2007-189. Gladden Farms Block 7 & 13 FP TC.doc MARANA RESOLUTION NO. 2007-189 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A FINAL PLAT FOR GLADDEN FARMS BLOCKS 7 AND 13. WHEREAS, on December 4, 2001, the Town of Marana adopted Resolution No. 2001- 155, approving the final block plat for Gladden Farms, Book 55 Page 60; and WHEREAS, Gladden Forest L.L.C., the owner of Gladden Farms Blocks 7 and 13, has applied for approval of a final plat for a 75-lot single-family home subdivision on approximately 28.3 acres, including lots I through 75, Block A and common areas "A-1"-"A-9" and "B-1"-"B- 5", and is generally located on the west side of Tangerine Farms Road between Moore Road and Gladden Farms Drive/Heritage Park Drive, within Sections 33 and 34, Township I I South, Range I I East; and WHEREAS, the Marana Town Council, at their regular meeting on November 6, 2007, deter-mined that the Gladden Farrns Blocks 7 and 13 final plat should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that Gladden Farms Blocks 7 and 13 final plat is hereby approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6th day of November, 2007. ATTEST: Ed Honea, Mayor Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Resolution No. 2007-189 The Gladden Farms Blocks 7 and 13 exhibits are on file and available for viewing from 8:00 a.m. to 5:00 p.m. Monday through Friday excluding holidays, at the office of the Town Clerk 115 5 5 W. Civic Center Drive, Marana, A-Z 85653. N TOWN COUNCIL MEETING TOWN OF MARANA .11 MARANA' 7 INFORMATION 12u MEETING DATE: November 6, 2007 AGENDA ITEM: 1. 9 TO: MAYOR AND COUNCIL FROM: Kevin Kish, AICP, Planning Director SUBJECT: Resolution No. 2007-190: Relating to Development; approving and authorizing a final block plat for Sanders Grove. DISCUSSION History and Request The Town Council approved the preliminary block plat for this project on December 5, 2006. The applicant requests approval of a final block plat for the property comprising the Sanders Grove Specific Plan. The plat will consist of 31 residential blocks, one commercial block, and one block designated as an open space overlay zone. Location The proposed subdivision encompasses approximately 834.7 acres, and generally located north of Marana Road, south of Hardin Road, east of Wentz Road, and west of Sanders Road within portions of Section 17 and the north half of Section 20, Township I I South, Range I I East. Proposed Use The proposed use of the subject property, pursuant to the Specific Plan, is predominantly single- family residential; however, approximately 17.5 acres has been designated for commercial use in the southeast comer of the development. The lot size required for the single-family residential lots will range from a minimum of 3,500 square feet in the Medium-High-Density Residential to a minimum of 6,000 square feet in the Medium-Low-Density Residential, with no more than 20 percent of the MLDR lots at less than 7,000 square feet. The project also proposes a potential school site of approximately 16 acres, a public neighborhood park of approximately 19 acres, and approximately 128 acres of open space. Drainage This property is relatively flat with a southeast to northwest gradient of less than one percent. There are no washes or significant peaks, ridges, or rock outcroppings on the site. The Specific Plan calls for an open space overlay zone to be utilized for drainage conveyance and for trails. Along the northeast portion of the project, a high volume concrete channel will be built to allow Sanders Grove FBP TC.doe for drainage coming from the Tortolita Mountains. A retention/ detention basin will be located in the northwest comer of the property. Access and Circulation Access into the project is provided from Marana Road along the south boundary, Wentz Road on the west, the 1-10 Frontage Road on the northeast, and Sanders Road on the east. An internal loop street connecting Sanders and Marana Roads will provide access to the individual blocks within the development. The required rights-of-way for Sanders Road, Marana Road, Wentz Road, Hardin Road and Kirby Hughes Road will be dedicated to the Town by this final block plat. Additional dedications of 75 feet and 120 feet of off-site right-of-way for Sanders Road, east of the project boundary, will be dedicated by separate instrument. Additionally, approximately three miles of new road right-of-way will be dedicated for the loop road. The developer is required to make significant roadway improvements to Marana Road, Sanders Road, Kirby Hughes Road and Hardin Road as specified in the development agreement. The developer is required to pay the applicable development impact fee for transportation improvements, but pursuant to the provisions of Ordinance 2005.09, may receive credits and/or reimbursements against such fees for the cost to dedicate, design and construct the improvements to Marana Road and Sanders Road as specified in the development agreement. Parks and Recreation The developer has agreed to design, build and dedicate a 20-acre public neighborhood park per the specific plan and development agreement. Within each platted block, private recreational facilities will be constructed per Town requirements at a minimum amount of 185 square feet per residential unit. The design and location of recreational facilities must be approved by the Town of Marana Parks and Recreation Director and the Planning Director. As with the transportation impact fee, the developer is responsible for applicable development impact fee for park improvements, but pursuant to the provisions of Ordinance 2005.09, may receive credits and/or reimbursements against such fees for the cost to dedicate, design and construct the neighborhood park and eligible public trail system elements as specified in the development agreement. Schools Pursuant to the Development Agreement, the Developer has agreed a School Improvement Contribution Fee in the amount of $1,200 per residential lot. In addition, the developer has reserved an approximately 16-acre potential school site in block 2 (medium-low density residential) for the Marana Unified School District until 2010. Summary Staff has reviewed the request against the requirements of the Marana Land Development Code, the Specific Plan and the Development Agreement. The final block plat is in conformance with all required development regulations and design guidelines. This plat is subject to certain off-site dedications, which will be recorded through separate instruments. These must be recorded prior to the recordation of the plat. Sanders Grove FBP TC.doc ATTACHMENTS Application, location map and final plat reduction. RECOMMENDATION Staff has reviewed the application for -compliance with the requirements of the Marana Land Development Code, the rezoning conditions of Ordinance No. 2005.09, and the Development Agreement as Resolution No. 2005.59. The final block plat is in substantial conformance with all required development regulations and conditions of zoning. Staff recommends approval of the final block plat for Sanders Grove. SUGGESTED MOTION I move to approve Resolution No. 2007-190. Sanders Grove FBP TC.doc MARANA RESOLUTION NO. 2007-190 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A FINAL BLOCK PLAT FOR SANDERS GROVE. WHEREAS, Meritage Homes of Arizona, Inc., an Arizona Corporation, the owner of Sanders Grove, has applied for approval of a final block plat for 835 acres, including Blocks I through 33, Irrigation Tracts "A" through "E", and Common Areas "A" through "AM", and generally located north of Marana Road, south of Hardin Road, east of Wentz Road, and west of Sanders Road within portions of Sections 17 and 20 , Township I I South, and Range 11 East; and WHEREAS, the Mayor and Town Council approved and adopted the Sanders Grove Specific Plan on March 1, 2005 by Ordinance 2005.09, and subsequently entered into a Development Agreement with the developer on May 17, 2005 by Resolution 2005.59; and WHEREAS, the Town Council, at its regular meeting on November 6, 2007, determined that the final block plat of Sanders Grove should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the final block plat of Sanders Grove within the Sanders Grove Specific Plan area, generally located north of Marana Road, south of Hardin Road, east of Wentz Road, and west of Sanders Road within portions of Sections 17 and 20, Township I I South, and Range I I East is hereby approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6th day of November, 2007. Mayor ED HONEA ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Resolution No. 2007-190 The Sanders Grove exhibits are on file and available for viewing from 8:00 a.m. to 5:00 p.m. Monday through Friday excluding holidays, at the office of the Town Clerk, 11555 W. Civic Center Drive, Marana, AZ 85653. N 0 TOWN COUNCIL TOWN OF MARANA I M R;kA MEETING 11 7 INFORMATION 4flizo"O'. (Zo MEETING DATE: November 6, 2007 AGENDAITEM: 1.10 TO: MAYOR AND COUNCIL FROM: Barbara Johnson, Director of Public Works SUBJECT: Resolution No. 2007-191: Relating to Public Works; approving and authorizing an intergovernmental agreement between the Regional Transportation Authority and the Town of Marana for wildlife linkage study along Twin Peaks Road over Rattlesnake Pass. DISCUSSION The Town of Marana is working with Empire Companies to design the widening Twin Peaks Road from two to four lanes, between approximately Quarry Road and Silverbell Road. The project area has long been recognized as a critical link between the Tucson Mountains and the Tortolita Mountains. The Sonoran Desert Conservation Plan identified the I-10/Santa Cruz River Corridor in northwest Pima County as one of six regional areas important for wildlife connectivity. The linkage is also identified by Town's Technical Biology Team for the Habitat Conservation Plan as a critical linkage. The project is located just southwest of the I-10/Santa Cruz River corridor, constituting a critical sub-linkage within this larger corridor. The Town of Marana is working with Arizona Game and Fish Department to complete a study that will identify the species of wildlife crossing the identified project area as well as suitable crossing locations along the project length. This study will also establish wildlife linkage recommendations on wildlife linkage structures, plantings, median design, visibility, and speed limits. The Regional Transportation Authority has funding available for Wildlife Linkages, and the Wildlife Linkages Subcommittee approved this project for $20,882. It was approved by the Pima Association of Government's Transportation Improvement Program and the Management Committee. RECOMMENDATION Staff recommends approval to provide funding for the Twin Peaks over Rattlesnake Pass Wildlife Linkage Study. (00006727.DOCIJ CIH 1012 610 7 Page I of 2 ATTACHMENT IGA with Regional Transportation Authority. SUGGESTED MOTION I move to adopt Resolution No. 2007-191. [00006727.DOCI) CIH 10126107 Page 2 of 2 MARANA RESOLUTION NO. 2007-191 RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING AN INTERGOVERN- MENTAL AGREEMENT BETWEEN THE REGIONAL TRANSPORTATION AUTHORITY AND THE TOWN OF MARANA FOR WILDLIFE LINKAGE STUDY ALONG TWIN PEAKS ROAD OVER RATTLESNAKE PASS. WHEREAS A.R.S. § 48-5301, et seq., authorizes the Regional Transportation Authority to act as a regional taxing authority for the purpose of funding multi-model transportation operations and improvements identified in the Regional Transportation Plan approved on May 16, 2006; and WHEREAS The Authority is authorized by A.R.S. §§ 48-5304 (16) and 48-5308 to admin- ister and distribute the regional transportation funds to the members of the Authority and to sell bonds in furtherance of that purpose to fund those projects or programs identified in the Plan; and WHEREAS the Town of Marana and the Authority wish to cooperate in the study of wildlife linkage along Twin Peaks Road between Quarry Road and Silverbell Road South; and WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests of both Pima County and the Town of Marana to enter into this intergovernmental agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the Intergovernmental Agreement between the Town of Marana and Pima County Regional Flood Control District attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved, and the Mayor is hereby authorized to execute it for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that the Town's Manager and staff are hereby directed and au- thorized to undertake all other and further tasks required or beneficial to carry out the terms, obliga- tions, and objectives of the intergovernmental agreement. PASSED and ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6th day of November, 2007. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Cedric Hay, Senior Assistant Town Attorney [00006726.DOCI) CIH 10126107 INTERGOVERNMENTALTRANSPORTATION FUNDING AGREEMENT BETWEEN THE REGIONAL TRANSPORTATION AUTHORITY OF PIMA COUNTY AND THE TOWN OF MARANA FOR WILDLIFE LINKAGE STUDY ALONG TWIN PEAKS FROM QUARRY ROAD TO SILVERBELL ROAD SOUTH This Agreement (hereinafter "the Agreement") is entered into by and between the Regional Transportation Authority of Pima County ("RTA" or "the Authority"), a special taxing district formed pursuant to Title 48 Chapter 30 of the Arizona Revised Statutes (A.R.S.), and the Town of Marana, a body politic and corporate of the State of Arizona ("the Lead Agency") pursuant to A.R.S. § 11-952. RECITALS A. A.R.S.§ 48-5301, et seq., authorizes the Authority to act as a regional taxing authority for the purpose of funding multi-model transportation operations and improvements identified in the Regional Transportation Plan ("the Plan") approved by the voters at the special election held in Pima County, Arizona, on May 16, 2006. B. The governing board of the Authority is composed of representatives of each member of the regional council of governments in accordance with A.R.S. § 48-5303. C. Pursuant to A.R.S. § 48-5304 (12), the governing board of the Authority has sole authority to implement the elements of the Plan. D. Pursuant to A.R.S. § 48-5304 (13), the governing board of the Authority shall coordinate the implementation of the Plan among the local jurisdictions. E. A Regional Transportation Fund was established by the Arizona Legislature per A.R.S. § 48-5307 to be the repository for those funds collected for the purpose of funding the transportation projects identified in the Plan. F. The Authority is authorized by A.R.S. §§ 48-5304 (16) and 48-5308 to administer and distribute the regional transportation funds to the members of the Authority and to sell bonds in furtherance of that purpose to fund those projects or programs identified in the Plan. fOO006725.DOC /) I G. The Lead Agency is authorized by A.R.S. § 9-240(3) to lay out, maintain, control and manage public roads within the Lead Agency's jurisdictional boundaries. H. The Lead Agency may have a legal contract with one or more jurisdictions within Pima County empowering the Lead Agency to perform roadway and other improvements outside the Lead Agency's jurisdictional boundaries. 1. The Lead Agency and the Authority wish to cooperate in the study of wildlife linkages along Twin Peaks Road between Quarry Road and Silverbell Road South ("the Project") J. The Project is one of the transportation projects included in the Plan or is eligible for funding as part of a categorical program included in the Plan. K. The Authority intends to fund the Project under the terms and conditions contained in this Agreement and has entered into this Agreement for that purpose. L. It is the policy of the Authority to require that a lead agency be identified and an intergovernmental agreement (IGA) be approved and entered into by the Authority and the lead agency before requests for funding reimbursement or payment can be processed by the Authority. M. The Town of Marana has been identified as the Lead Agency for the Project and will be responsible for all aspects of project implementation including, but not limited to, planning, project management, risk management, design, right of way acquisition and construction, advertisement, award, execution and administration of the design and construction contracts for the Project. N. The RTA's Administrative Code will control all payments and other procedures unless otherwise specified herein. 0. The Authority and the Lead Agency may contract for services and enter into agreements with one another forjoint and cooperative action pursuant to A.R.S. § 11-951, et seq. NOW, THEREFORE, the Town of Marana and Authority, pursuant to the above and in consideration of the matters and things set forth herein, do mutually agree as follows: AGREEMENT 1. Purpose. The purpose of this Agreement is to set forth the responsibilities of the parties for wildlife linkage research for the Project and to address the legal and administrative matters among the parties. 2. Project. The Project consists of a wildlife study along Twin Peaks Road between Quarry Road and Silverbell Road South, as more fully depicted in the attached Exhibit A, including the following: 100006725.DOC /)2 a) Detailed project scope and schedule. b) Project budget and cost breakdown of items eligible for reimbursement by the Authority including any proposed billing of staff time directly attributable to Project. c) Total amount of RTA funding allowed for the Project plus a breakdown of any other regional, local, federal or state funding available. d) Designation of Project phases, if applicable, and any additional related agreements. e) Estimated construction start date and duration of construction. f) Projected cost reimbursement timeline. g) Identification of the Lead Agency's duly authorized representative for signing and submitting payment requests. 3. Effective Date; Term. This Agreement shall become effective upon filing a fully executed original with the office of the Pima County Recorder and shall continue in effect until all improvements constructed pursuant to this Agreement are completed, all eligible reimbursement payments to the Lead Agency are concluded, and all warranties applicable to the Project have expired. 4. Responsibilities of the Lead Agency. a. The Lead Agency shall be responsible for the wildlife linkage research for the Project in accordance with this Agreement and all applicable public roadway, traffic signal, and street lighting design and construction standards. Design Standards are federal, state, county or municipal standards for engineering, traffic, safety or public works facilities design. Examples of Design Standards include the American Association of State Highway and Transportation Officials and Federal Highway Administration standards for highway engineering and construction, the Pima County/City of Tucson Standard Specifications for Public Improvements, the Pima County Roadway Design Manual, October 2002 revision, the Pima County Department of Transportation /City of Tucson Department of Transportation Pavement Marking Design Manual, and Pima County and municipal design guidelines for roadway lane widths and level of drainage protection. b. If consultants or contractors are employed to perform any portion of the Project, the Lead Agency shall be responsible for the contracts for studies and research for the Project and shall select the consultants and contractors to be used on the Project. The Lead Agency shall immediately provide to the Authority copies of any and all contract documents and related materials upon request by the Authority. The Lead Agency shall retain the usual rights of the owner of a public contract including the authority to approve changes and make payments. However, any changes to the Project which would result in the final project cost deviating, by ten or more percent, from the Authority's budget amount for the Project, must be approved by the Authority in advance of those changes being made, regardless of the fact that the Authority will not be paying for them. c. The Lead Agency shall be responsible for all traffic management, including public notification, during study and research for the Project if necessary. 100006725.DOC /)3 d. The final cost of the Project shall be that amount necessary to complete the Project including any unanticipated work incorporated into the Project by change orders and amendments executed by the Lead Agency. The Lead Agency shall be responsible for all Project costs in excess of the RTA funds contributed to the Project. c. The Lead Agency will be responsible for assuming all risks associated with the Project except those that are assigned to another agency or jurisdiction that has agreed to that assumption. f. The Lead Agency shall require its contractors performing any portion of the Project to name the Authority as additional insured and additional indenmitee in all of the Lead Agency's construction contracts for the Project. The Lead Agency shall also require its contractors to name the Authority as an additional beneficiary in any performance and payment related assurances posted for the Project. g. The Lead Agency shall be responsible for preparing and submitting to the Authority, within the first week of each month or as otherwise specified herein, invoices for payment signed by a duly authorized representative of the Lead Agency and which include sufficient background information documenting payments made to contractors, vendors or any other eligible costs identified in this Agreement or the RTA's Administrative Code. The Lead Agency must retain and certify all vendor receipts, invoices and any related Project records as needed and ensure that they are available for review for a minimum of five (5) years after final payment is made unless otherwise specified herein. h. The Lead Agency shall be responsible for submitting a status report describing its progress and adherence to the Project scope, schedule and budget with each request for payment. 5. Responsibilities of Authority. a. Upon receipt of authorized payment requests, the Authority shall convey to the Lead Agency RTA funds in the amount specified in Exhibit A on a reimbursement basis unless otherwise specified herein. All payments and reimbursements shall follow the policies outlined in the RTA's Administrative Code. b. Reimbursements will generally be based on the Project schedules established by the Lead Agency and contained in Exhibit A. c. The RTA staff will review all payment requests to confirm that the request is for reimbursement of costs incurred by the Lead Agency for the Project. If the Authority determines that additional information is needed, the Lead agency will be notified of the request for additional information within five days of the receipt of the invoice by RTA. 100006725.DOC /)4 d. Upon approval of the request by RTA, the invoice will be processed for payment within ten working days of the invoice submittal. e. RTA shall provide all necessary cooperation and assistance to its fiscal agent to process all payment requests from the Lead Agency. 6. Termination. Either party may terminate this Agreement for material breach of the Agreement by the other party. Prior to any termination under this paragraph, the party allegedly in default shall be given written notice by the other party of the nature of the alleged default. The party said to be in default shall have forty-five days to cure the default. If the default is not cured within that time, the other party may terminate this Agreement. Any such termination shall not relieve either party from liabilities or costs already incurred under this Agreement. 7. Non-assignment. Neither party to this Agreement shall assign its rights under this Agreement to any other party without written permission from the other party to this Agreement. 8. Construction of Agreement. a. Entire agreement. This instrument constitutes the entire agreement between the parties pertaining to the subject matter hereof, and all prior or contemporaneous agreements and understandings, oral or written, are hereby superseded and merged herein. Any exhibits to this Agreement are incorporated herein by this reference. b. Amendment. This Agreement may be modified, amended, altered or changed only by written agreement signed by both parties. c. Construction and interpretation. All provisions of this Agreement shall be construed to be consistent with the intention of the parties as expressed in the Recitals hereof. d. Captions and headings. The headings used in this Agreement are for convenience only and are not intended to affect the meaning of any provision of this Agreement. e. Severability. In the event that any provision of this Agreement or the application thereof is declared invalid or void by statute or judicial decision, such action shall have no effect on other provisions and their application, which can be given effect without the invalid or void provision or application, and to this extent the provisions of the Agreement are severable. In the event that any provision of this Agreement is declared invalid or void, the parties agree to meet promptly upon request of the other party in an attempt to reach an agreement on a substitute provision. f This Agreement is subject to the provisions of A.R.S. § 38-511 which relates to possible conflicts of interest. 9. Ownership of Improvements. Ownership and title to all materials, equipment and appurtenances installed pursuant to this Agreement shall automatically vest in the Lead Agency upon completion of the Project. {00006725.DOC /15 10. Legal Jurisdiction. Nothing in this Agreement shall be construed as either limiting or extending the legal jurisdiction of the Lead Agency or the Authority. 11. No Joint Venture. It is not intended by this Agreement to, and nothing contained in this Agreement shall be construed to, create any partnership, joint venture or employment relationship between the parties or create any employer-employee relationship between the Lead Agency and any Authority employees, or between Authority and any Lead Agency employees. Neither party shall be liable for any debts, accounts, obligations nor other liabilities whatsoever of the other, including (without limitation) the other party's obligation to withhold Social Security and income taxes for itself or any of its employees. 12. No Third Party Beneficiaries. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or affect the legal liability of either party to the Agreement by imposing any standard of care different from the standard of care imposed by law. 13. Compliance with Laws. The parties shall comply with all applicable federal, state and local laws, rules, regulations, standards and executive orders, without limitation to those designated within this Agreement. a. Anti-Discrimination. The provisions of A.R.S. § 41-1463 and Executive Order Number 99-4 issued by the Governor of the State of Arizona are incorporated by this reference as a part of this Agreement. b. Americans with Disabilities Act. This Agreement is subject to all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101-12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36. c. Workers' Compensation. An employee of either party shall be deemed to be an "employee" of both public agencies, while performing pursuant to this Agreement, for purposes of A.R.S. § 23-1022 and the Arizona Workers' Compensation laws. The primary employer shall be solely liable for any workers' compensation benefits, which may accrue. Each party shall post a notice pursuant to the provisions of A.R.S. § 23-906 in substantially the following form: All employees are hereby further notified that they may be required to work under the jurisdiction or control or within the jurisdictional boundaries of another public agency pursuant to an intergovernmental agreement or contract, and under such circumstances they are deemed by the laws of Arizona to be employees of both public agencies for the purposes of workers' compensation. 14. Waiver. Waiver by either party of any breach of any term, covenant or condition herein contained shall not be deemed a waiver of any other term, covenant or condition, or any subsequent breach of the same or any other term, covenant, or condition herein contained. tOO006725.DOC /)6 fOO006725.DOC /17 15. Force Majeure. A party shall not be in default under this Agreement if it does not fulfill any of its obligations under this Agreement because it is prevented or delayed in doing so by reason of uncontrollable forces. The term "uncontrollable forces" shall mean, for the purpose of this Agreement, any cause beyond the control of the party affected, including but not limited to failure of facilities, breakage or accident to machinery or transmission facilities, weather conditions, flood, earthquake, lightning, fire, epidemic, war, riot, civil disturbance, sabotage, strike, lockout, labor dispute, boycott, material or energy shortage, casualty loss, acts of God, or action or non-action by governmental bodies in approving or failing to act upon applications for approvals or permits which are not due to the negligence or willful action of the parties, order of any government officer or court (excluding orders promulgated by the parties themselves), and declared local, state or national emergency, which, by exercise of due diligence and foresight, such party could not reasonably have been expected to avoid. Either party rendered unable to fulfill any obligations by reason of uncontrollable forces shall exercise due diligence to remove such inability with all reasonable dispatch. 16. Notification. All notices or demands upon any party to this Agreement shall be in writing, unless other forms are designated elsewhere, and shall be delivered in person or sent by mail addressed as follows: The Authority: Gary G. Hayes, Executive Director Regional Transportation Authority 177 N. Church Street, Suite 405 Tucson, AZ 85701 Town of Marana: Barbara Johnson Public Works Director 115 5 5 W. Civic Center Drive Marana, AZ 85653 17. Remedies. Either party may pursue any remedies provided by law for the breach of this Agreement. No right or remedy is intended to be exclusive of any other right or remedy and each shall be cumulative and in addition to any other right or remedy existing at law or in equity or by virtue of this Agreement. 18. 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 counterpart may be removed from such counterpart and attached to a single instrument. In Witness Whereof, Town of Marana has caused this Agreement to be executed by the , upon resolution of the attested to by the and the Authority has caused this Agreement to be executed by its Chair of the Board. 100006725.DOC /)8 REGIONAL TRANSPORTATION AUTHORITY OF PIMA COUNTY Robert E. Walkup, Board Chair Date TOWN OF MARANA: Ed Honea, Mayor Date ATTEST: Jocelyn Bronson, Town Clerk Date The foregoing Agreement between the Town of Marana and the Authority has been approved as to content and is hereby recommended by the undersigned. Mr. Gary Hayes, Executive Director ATTORNEY CERTIFICATION The foregoing Agreement by and between the Regional Transportation Authority of Pima County and the Town of Marana has been reviewed pursuant to A.R.S. Section 11 -952 by the undersigned who have determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to those parties to the Agreement. Regional Transportation Authority of Pima County: Thomas Benavidez, Attorney for the Authority Date Town of Marana: Frank Cassidy, Town Attorney Date 100006725.DOC /)9 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: October 16, 2007 PLACE AND DATE Marana Municipal Complex A. CALL TO ORDER AND ROLL CALL, By Mayor Honea at 7:00 p.m. COUNCIL Ed Honea Mayor Present Herb Kai Vice Mayor Present Russell Clanagan Council Member Excused Patti Comerford Council Member Present Tim Escobedo Council Member Present Carol McGorray Council Member Present Roxanne Ziegler Council Member Present STAFF Mike Reuwsaat Town Manager Present Gilbert Davidson Deputy Town Manager Present Frank Cassidy Town Attorney Present Jocelyn Bronson Town Clerk Present B. PLEDGE OF ALLEGIANCE AND INVOCATION/MOMENT OF SILENCE Following the pledge and a brief moment of silence the Marana High School Choir sang the National Anthem. C. APPROVAL OF AGENDA Council Member Comerford moved to approve the Agenda with some changes: remove Item I from the Consent agenda at the request of the applicant; move Item 3 of the consent agenda to Item I on Council Action; remove Item 3 on Council Action, to continue again at the request of the applicant. Motion was seconded by Member Escobedo and was unanimously approved. Item J.3 will be continued to November 6 th per the applicant's request. D. CALL TO THE rUBLIC David Morales addressed the Council suggesting the town invite all the clergy, ministers and priests to say a prayer before the start of each meeting, on a rotating basis. Mr. Morales mentioned the separation of church and state and provided an example in the form of a letter written by Thomas Jefferson. E. PRESENTATIONS I MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: October 16, 2007 1. Presentation: Status of the Capital Improvement Projects Under Construction (Barbara Johnson) Barbara Johnson stated that she wants to report on a regular basis on the capital improvement projects that are being worked on. She presented a map outlining projects in the design phase, in the construction phase, and upcoming projects. Marana Vista Estates, Tangerine Farms, Thomydale Road., and the Bank Protection Project were the topics for this meeting. Ms. Johnson noted that Honea Heights is a complex project involving the county, and staff is still working with the county to determine how best to land that. No conclusion has been arrived at; however, we are in the process of putting out for bid a paving project which will pave their roads to the extent that we can until we can get the sewer line issues resolved. The last word we had from the county was that they were not going to look at any potential future IGA with us with regard to that sewer line. Marana Vista Estates, in one our older neighborhoods, started construction last week. We're looking to improve the street lighting and put in five-foot sidewalks, with the idea that the whole community will have improved safety and a better sense of community. That project is expected to be finished in January. The county has provided $370,000 in bond money, and the town has contributed $630,000 from the general fund. Tangerine Farms is a project that takes a four-lane divided road, from 1-10 and Tangerine Road back through Gladden Fanns and connects to Moore Road. It will have multi-use lanes, sidewalks, curbs, and landscape shared-use paths. This is funded through an improvement district for a total of $30,000. We are a little ahead of time, looking towards early next year for completion. Pima County has approved the sewer lines, and we've completed the first lift on Moore Road to Lon Adams. Thomydale is a project to reconstruct Thornydale between Orange Grove and where the bridge crosses the CDO Wash, where Pima County left off. It's a $13,000,000 project and includes taking Thomydale Road to six lanes, with multi-use lanes and public art. Ms. Johnson thanked Council Members for coming to the open house. She noted that the residents would like a longer sound wall, which will be increased by 1000 feet. Ms. Johnson noted that the guaranteed maximum price amendment negotiations with Granite are almost complete. Staff is trying to fix as many prices as we can to limit the number of unknowns in the contract. There are some waterline relocation issues, which staff is working on with the City of Tucson, and a few other miscellaneous right-of-way issues. On Silverbell Rd, there is a sanitary sewer interceptor project. It consists of about 4600 linear feet of sewer main and 14 new manholes; 1600 feet of water line needs to be replaced. There are major drainage issues along Silverbell, which is going to be a five- lane road, and which is in line with some of the bank protection work and the community park that is going to run that length. That's a less-than-year project. That award has 2 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: October 16,2007 gone to Granite Construction, and staff has completed our pre-construction services contract. Total funding looks to be about $16,000,000. Pima Mine Wash runs every time we get rain, and that's one of five drainages that are brutal on Silverbell Road. Bank Protection Project - $4 million that the county took over at the beginning. It's a project that provides a soil-cement erosion protection along the west bank of the Santa Cruz from Ina to Cortaro. The project is almost complete. ANNOUNCEMENTS/UPDATES - No announcements or updates. PROCLAMATIONS - Interfaith Community Services (Jocelyn Bronson) Ms. Bronson read a proclamation regarding Interfaith Community Services, stating that the month of November 2007 to be ICS month. F. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member McGorray stated she attended the Tip-A-Cop, held at the Texas Roadhouse. She also attended the MUSD Heroes Dinner, and presented three plaques to honored individuals, and she also had the opportunity to speak at the Marana Heritage Farm last Saturday. Mayor Honea also attended Tip-A-Cop, and attended an Urban Land Institute meeting in Tucson with Mr. Davidson and Mr. Reuwsaat. Mayor Honea also went to Rock-N-Roll in the quarry, and the Food Bank event. He stated the he had the privilege of sharing a meeting with the Governor, speaking on transportation. Mayor Honea and Mr. Reuwsaat went to Northwest Hospital and met with the new CEO. Lastly, Mayor Honea mentioned the FEMA meeting that would be taking place the following day. G. MANAGER'S REPORT: SUMMARY OIF CURRENT EVENTS Mr. Reuwsaat emphasized that the meeting with FEMA is very important, and hoped that some change will come out of it. He also made mention of Deb Thalacitis, the top candidate for Assistant Town Manager. H. STAFF REPORTS - No Reports. GENERAL ORDER OF BUSINESS 1. CONSENT AGENDA 1. Resolution No. 2007-173: Relating to Development; approving a release of assurances for Oasis Hills and acceptance of public improvements for maintenance (Keith Brann) MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: October 16, 2007 2. Resolution No. 2007-174: Relating to Real Estate; approving and authorizing the designation of a 0.720 acre portion of the Marana District Park as Silverbell Road public rights-of-way as needed for the Silverbell Road Sanitary Sewer Interceptor Project No. 1999-050 (Frank Cassidy) 3. Resolution No. 2007-175: Relating to Public Works; approving and authorizing the intergovernmental agreement between Pima County Regional Flood Control District and the Town of Marana for the design and construction of the Barnett Linear Channel Improvement Project (Barbara Johnson) 4. Resolution No. 2007-176: Relating to Utilities; approving and authorizing the Mayor to execute a Common Interest in Anticipation of Litigation Joint Participation Agreement relating to the Western Area Power Administration 2017 Hoover Dam Power Contracts; and declaring an emergency (Frank Cassidy) 5. Resolution No. 2007-177: Relating to Utilities; adopting the Revised Town of Marana Drought Preparedness Plan (Brad DeSpain) 6. Resolution No. 2007-178: Relating to the Police Department; approving and authorizing the Marana Police Department to execute a Wide Area Network and Law Enforcement Software User Agreement with the Pima County Sheriff's Department (Richard Viduarri) 7. Resolution No. 2007-164: Relating to Public Works; approving and authorizing a proposed alignment for the future Tangerine Road Interchange (scrivener's error from September 18, 2007 meeting) (Gilbert Davidson) 8. Minutes of the September 18, 2007 regular meeting and the October 2, 2007 regular meeting. Upon motion by Council Member Comerford, seconded by Council Member Escobedo, the Consent Agenda was unaiiimously approved. J. COUNCIL ACTION 1. Resolution No. 2007-179: Relating to Parks and Recreation; approving and authorizing the Mayor to execute a memorandum of understanding with the Western Heritage Committee relating to the use and maintenance of the Western Heritage Arena and adjacent property; and declaring an emergency (Jane Fairall) Ms. Fairall stated that this resolution proposes a memorandum of Understanding between the town and the Western Heritage Committee (WHC), regarding the use and maintenance of the Western Heritage Arena. The Western Heritage Committee is going to enter into its own agreement with the MUSD, so that the WHC can then allow us to use the property for special event parking, and we can allow the committee to use the arena, as it has been doing for rodeos and other special events. The WHC will continue to repair and maintain the arena for the Town of Marana and will staff all the events with their staff. The Town will have priority usage for the property for the events listed in the 4 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: October 16, 2007 agreement, the Founder's Day Event, 4 1h of July, and Holiday Tree Lighting. Requests can be made if other needs for the arena arise. Mr. Davidson went over some of the alterations that were made to the resolution since the original proposal. He also stated that this contract promotes the youth in the community that are interested in rodeo and Western Heritage events. Harold Mencher addressed the Council, stating that he is concerned that the Town is giving up all control over the arena. He is requesting that the Town retains some control so that the volume of the public address system does not disturb the citizens of the Town at their homes. Council Member Ziegler assured Mr. Mencher that the Town has not given up control of the arena, and that if the Town has a complaint it has a right to go to WHC to correct the problem. Council Member Comerford agreed, and Council Member McGorray made mention of a noise ordinance that is in place as well. Upon motion by Council Member McGorray, seconded by Vice Chair Kai, Resolution No. 2007-179 passed unanimously. 2. Resolution No. 2007-180: Relating to Community Development; endorsing the Marana Combined Appeal Program as the beneficiary charity of proceeds from the "Spirit of Marana" day during the 2008 Southern Arizona Home Builders Association Parade of Homes (Josh Wright) Mr. Wright provided infon-nation about the Marana Combined Appeal Program. Upon motion by Council Member Escobedo, seconded by Council Member McGorray, Resolution No. 2007-180 passed unanimously. 3. PUBLIC HEARING. Ordinance No. 2007.25: Relating to Development; approving and authorizing a rezoning for the Uptown at Marana Specific Plan. (This item was noticed and held on October 2, 2007, and was continued to October 16, 2007.) (Kevin Kish) Item J.3 will be continued on November 6, 2007. K. BOARDS, COMMISSIONS AND COMMITTEES Resolution No. 2007-181: Relating to Boards, Commissions and Committees; approving and authorizing the reappointment of Ed McCauley and the appointment of Terry Tometich as citizen members of the Personnel Action Review Board (Jocelyn Bronson) Ms. Bronson stated that this resolution allows the council to reappoint one member and appoint a new active member to the Personnel Action Review Board. 5 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: October 16, 2007 Upon motion by Council Member McGorray, seconded by Council Member Escobedo, Resolution No. 2007-181 passed unanimously. L. ITEMS FOR DISCUSSION/POSSIBLE ACTION 1. Presentation: Preliminary Findingsjor the Wastewater Service Rate Case Study (Barbara Johnson) Ms. Johnson stated that, in order to assist in the analysis of the financial impact on the town, and the rate payers, from the wastewater system acquisition, the consulting services of econalysis.com were engaged. Dan Jackson, Managing Director and Chief Executive of Econalysis.com, stated that his company was engaged to conduct a comprehensive analysis of the financial impact to the Town of Marana of the acquisition and operation of its wastewater system. He stated that, in an analysis such as this, they seek to address the following issues. First, what the cost will be to actually operate this system once it is acquired. Second, what will need to be built to provide service to the rate payers and the costs incurred. Lastly, what the impact will be to the rate payers of the acquisition of this system. Mr. Jackson stated that the analysis addresses each issue and examines the financial impact of this acquisition both in the cur-rent year and for a forecast period of ten years into the future. He went over various rates of wastewater utilities throughout Arizona, and how they compare with the wastewater utility of Marana. He also stated that under town ownership wastewater rates will have to go up, though wastewater rates are going up for everybody in Arizona. The average forecast percent rate increase that is going to be experienced by the Town of Marana under this analysis, is equivalent to what rate payers have been experiencing over the last ten years. People in the town have seen the rates go up at about 5 1/2%-6% on average per year over the last decade. Wastewater rates throughout the United States are expected to increase significantly over the next decade. Rate payers in the town, under town ownership of the system, are expected to see a beneficial rate structure that will enable them to pay charges that are less than the state average over the next decade. Council Member Ziegler thanked the Water Department for their work on this presentation and had general questions about the difference in rates for current rate payers in Marana now and in 2008. Vice Mayor Kai asked Mr. Jackson to elaborate on his recommendation for one rate structure for commercial. Mr. Jackson stated that basically the use of one rate structure for commercial helps to eliminate the extra work required in classifying the different commercial entities and deciding how to charge them. Vice Mayor Kai stated that $300,000 per year for repairs and reserve for the wastewater plants seems to be a conservative number, to which Mr. Jackson replied that the number could very well be lower, as newer plants do not require as much expense. 6 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: October 16, 2007 Vice Mayor Kai asked if 12 months is enough time to build a wastewater system, or if more time is needed. Ms. Johnson stated that the projected time to complete is actually 24 months, at the end of January 2009. Mayor Honea asked Ms. Johnson to explain how Marana can treat water to A+ at about the same cost as the County can treat B water. Ms. Johnson stated that one advantage is that the town is smaller, in terms of the overhead costs. The town has a very favorable situation with respects to its financing, extremely good utility rates in terms of electricity, and a very favorable management contract. M. EXECUTIVE SESSION Upon motion by Council Member Escobedo, seconded by Council Member McGorray, Council voted unanimously to recess and convene to Executive Session. 1. Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. 2. Executive Session pursuant to A.R.S. §38-431.03(A)(3),(4),(6) and (7) for legal advice with the Town Attorney concerning water rights and water service issues and to consult with and instruct the Town Attorney and the Town Manager concerning the 1979 intergovernmental agreement between the Town of Marana and Pima County relating to sewer service within the Marana town limits and to direct the Town Manager and Town Attorney with respect to that agreement (Frank Cassidy) Council returned to the dais after executive session, and Mr. Cassidy stated that the legal department requests that the Town Council authorize the filing of a lawsuit against Pima County, to litigate and determine the rights under the 1979 Pima County/Marana Sewer IGA, and that they be authorized as soon as possible with that litigation. Upon motion by Council Member Comerford, seconded by Council Member McGorray, authorization as discussed in Executive Session was approved 5-1. Vice Mayor Kai voted no. N. FUTURE AGENDA ITEMS Notwithstanding the Mayor's discretion of what items to place on the agenda, if three or more council members request an item to be placed on the agenda, it must be placed upon the agenda for the second regular town council meeting after the date of the request (Marana Town Code, Title 2, Chapter 2-4, Section 2-4-2 B) Council Member Comerford requested that Council meet on a more frequent basis, such as every Tuesday as needed, as long as so much material is coming forward. Council Members Escobedo and McGorray concurred. The item does not need to come back to Council for approval. 7 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: October 16, 2007 0. ADJOURNMENT Upon motion by Council Member Escobedo, seconded by Council Member McGorray, the Council voted unanimously to adjourn. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on October 16, 2007. 1 further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk 8 TOWN COUNCIL MEETING TOWN OF MARANA INFORMATION MEETING DATE: November 6,2007 AGENDAITEM: J. I TO: MAYOR AND COUNCIL FROM: T. VanHook, Community Development Director SUBJECT: Resolution No. 2007-192: Relating to the Police Department: approving and authorizing execution of a grant agreement with the Arizona Peace Officer Standards and Training Board to provide a speaker honorarium for Southern Arizona Law Enforcement Managers training presentation. DISCUSSION In conjunction with the Southern Arizona Law Enforcement Managers (SALEM), the Marana Police Department hosted Mr. Jon Gordon, author of The Energy Bus, in a two hour presentation for law enforcement leaders on organizational leadership. The presentation took place on November 1, 2007 at the Marana Town Council Chambers. Mr. Gordon's honorarium for this speaking engagement is $5,000 dollars. The Marana Police Department requested financial assistance from AZ POST in the form of a grant to fund Mr. Gordon's speaking fee. Mr. Gordon's travel related expenses were paid for by SALEM. Additionally, MPD requested that two hours of continuous training hours be granted by Arizona Peace Officer Standards and Training Board's Peace Officer Training Fund (AZ POST - POTF) for this program with a prepared program compliance form. Enclosed with the request was a copy of Mr. Gordon's book, The Energy Bus, and additional supporting documentation for review in determining if the program qualified for continuing training hours. Continuing education credit was offered for all AZ POST certified personnel attending. RECOMMENDATION Staff recommends authorization full execution of the grant agreement with the Arizona Peace Officer Standards and Training Board for $5,000 from the Peace Officer Training Fund. ATTACHMENT Grant Agreement. SUGGESTED MOTION I move to approve Resolution No. 2007-192. 1013112007 MARANA RESOLUTION NO. 2007-192 RELATING TO THE POLICE DEVELOPMENT: APPROVING AND AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH THE ARIZONA PEACE OFFICERS STANDARDS AND TRAINING BOARD TO PROVIDE A SPEAKER HONORARIUM FOR SOUTHERN ARIZONA LAW ENFORCEMENT MANAGERS TRAINING PRESENTATION. WHEREAS, the Town of Marana recognizes the need to provide organizational leadership training for police supervisors and department managers; and WHEREAS, the Arizona Peace Officer Standards and Training Board maintains the Peace Officer Training Fund to assist local jurisdictions in providing leadership skills training and WHEREAS, the Marana Police Department, as an active member of the Southern Arizona Law Enforcement Managers, has organized and sought approval for leadership training for Town of Marana employees, members of the Southern Arizona Law Enforcement Managers workgroup, and members of the community. WHEREAS, the Marana Police Department has requested and received awards of funding through the Peace Officer Training Fund for reimbursement for a speaker fee and travel expenses. related to the approved training; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Chief of Police is authorized to execute the grant agreement with the Arizona Peace Officer Standards and Training Board and request reimbursement for $5,000. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 6 1h day of November, 2007. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney POST Contract #2007-032 ARIZONA PEACE OFFICER STANDARDS AND TRAINING BOARD PEACE OFFICER TRAINING FUND GRANT AGREEMENT This agreement is made under the authority of A.R.S. §41-1825(A) and §41-1822(C)(2) and (3). GRANTEE: Agency: Marana Police Department Address: 11555 W. Civic Center Drive, Building B Marana, AZ 85653-7091 GRANT AMOUNT: $5,000.00 PROJECT DESCRIPTION: The Arizona Peace Officer Standards and Training Board (Board) agrees to pay the Grantee the above shown sum from the Peace Officer Training Fund, subject to the conditions provided herein, solely for the purpose of providing honorarium for a presentation for law enforcement leaders/managers on organizational leadership. GENERAL CONDITIONS: The Grantee agrees: 1. That the Peace Officer Training Fund (POTF) monies will not be used to supplant state or local funds; 2. To expend the POTF monies only for the purpose(s) stated above and for the specific items shown in the attached special conditions; I 3. To reimburse the Board for any unauthorized or ineligible expenditures and to return any grant amounts in excess of that expended pursuant to the special conditions; 4. To comply with A.R.S. §35-214 and 35-215 with respect to retention and production of records for inspection and audit for a period of five years after completion of the contract; To provide a detailed and complete report to the Board within 60 days of completion of the project or objective; 6. That this agreement may be canceled without penalty or further obligation pursuant to A.R.S. §38-511; 7. That in the event of a dispute, after exhaustion of all administrative remedies, arbitration will be used to the extent required by A.R.S. §12-1518, except as may be required by other applicable statutes; 8. To comply with Executive Order 99-4, which mandates that all persons, regardless of race, color, religion, sex, age, national origin or political affiliation, shall have equal access to employment opportunities, and all other applicable State and Federal employment laws, rules, and regulations, including the Americans with Disabilities Act; 9. To comply with all procurement statutes, ordinances, rules or policies that may apply to Grantee in the procurement of any goods or services related to this Grant; 10. That the Grantee is acting as an independent contractor and will indemnify and hold the Board harmless for the actions of the Grantee's employees; 11. That every payment obligation of the Board under this Agreement is conditioned upon the availability of funds allocated for the payment of such obligation. If funds are not allocated and available for the continuance of this Agreement, this Agreement may be terminated by the Board at the end of the period for which funds are available. No liability shall accrue to the Board in the event this provision is exercised, and the Board shall not be obligated or liable for any future payments or for any damages as a result of termination under this paragraph; 12. That this agreement may be canceled by the Grantee prior to expending Grant funds upon written notice to the Board and any POTF funds shall be returned to the Board; 13. To assign to the State any claim for overcharges resulting from antitrust violations to the extent that such violations concern materials or services supplied by third parties to the Grantee toward fulfillment of this agreement; and 14. That this is a grant of funds only and is not intended to and will not constitute, create, give rise to, or otherwise recognize a joint venture, partnership or formal business association or organization of any kind among the parties. 2 SPECIAL CONDITIONS: The parties agree that the funds disbursed for this Grant are funds approved by the Board for Fiscal Year 2007/2008. 2. Grantee shall use these funds solely for the purpose of providing honorarium for a presentation for law enforcement leaders/managers on organizational leadership. 3 For the MARANA POLICE DEPARTMENT Richard Vidaurri Chief Date Approved as to form, Attorney/Legal Advisor Marana Police Department Date For the ARIZONA PEACE OFFICER STANDARDS AND TRAINING BOARD Tom Hammarstrom AZ POST Executive Director ,-""'(/AF IcII-17 Date Approved as to form, Diana Stabler Assistant Attorney General 0 ?-U-7 Date 4 POST Contract #2007-032 ARIZONA PEACE OFFICER STANDARDS AND TRAINING BOARD PEACE OFFICER TRAINING FUND GRANT AGREEMENT This agreement is made under the authority of A.R.S. §41-1825(A) and §41-1822(C)(2) and (3). GRANTEE: Agency: Marana Police Department Address: 11555 W. Civic Center Drive, Building B Marana, AZ 85653-7091 GRANT AMOUNT: $5,000.00 PROJECT DESCRIPTION: The Arizona Peace Officer Standards and Training Board (Board) agrees to pay the Grantee the above shown sum from the Peace Officer Training Fund, subject to the conditions provided herein, solely for the purpose of providing honorarium for a presentation for law enforcement leaders/managers on organizational leadership. GENERAL CONDITIONS: The Grantee agrees: 1. That the Peace Officer Training Fund (POTF) monies will not be used to supplant state or local funds; 2. To expend the POTF monies only for the purpose(s) stated above and for the specific items shown in the attached special conditions; 3. To reimburse the Board for any unauthorized or ineligible expenditures and to return any grant amounts in excess of that expended pursuant to the special conditions; 4. To comply with A.R.S. §35-214 and 35-215 with respect to retention and production of records for inspection and audit for a period of five years after completion of the contract; 5. To provide a detailed and complete report to the Board within 60 days of completion of the project or objective; 6. That this agreement may be canceled without penalty or further obligation pursuant to A.R.S. §38-511; 7. That in the event of a dispute, after exhaustion of all administrative remedies, arbitration will be used to the extent required by A.R.S. §12-1518, except as may be required by other applicable statutes; 8. To comply with Executive Order 99-4, which mandates that all persons, regardless of race, color, religion, sex, age, national origin or political affiliation, shall have equal access to employment opportunities, and all other applicable State and Federal employment laws, rules, and regulations, including the Americans with Disabilities Act; 9. To comply with all procurement statutes, ordinances, rules or policies that may apply to Grantee in the procurement of any goods or services related to this Grant; 10. That the Grantee is acting as an independent contractor and will indemnify and hold the Board harmless for the actions of the Grantee's employees; 11. That every payment obligation of the Board under this Agreement is conditioned upon the availability of funds allocated for the payment of such obligation. If funds are not allocated and available for the continuance of this Agreement, this Agreement may be terminated by the Board at the end of the period for which funds are available. No liability shall accrue to the Board in the event this provision is exercised, and the Board shall not be obligated or liable for any future payments or for any damages as a result of termination under this paragraph; 12. That this agreement may be canceled by the Grantee prior to expending Grant funds upon written notice to the Board and any POTF funds shall be returned to the Board; 13. To assign to the State any claim for overcharges resulting from antitrust violations to the extent that such violations concern materials or services supplied by third parties to the Grantee toward fulfillment of this agreement; and 14. That this is a grant of funds only and is not intended to and will not constitute, create, give rise to, or otherwise recognize a joint venture, partnership or formal business association or organization of any kind among the parties. 2 SPECIAL CONDITIONS: The parties agree that the funds disbursed for this Grant are funds approved by the Board for Fiscal Year 2007/2008. 2. Grantee shall use these funds solely for the purpose of providing honorarium for a presentation for law enforcement leaders/managers on organizational leadership. 3 For the MARANA POLICE DEPARTMENT Approved as to form, Richard Vidaurri Attorney/Legal Advisor Chief Marana Police Department Date Date For the ARIZONA PEACE OFFICER STANDARDS AND TRAINING BOARD Ton?-Ha marstrom AZ POST Executive Director /J,//3 e??,7 Date Approved as to form, Diana Stabler Assistant Attorney General 0 -IT-7 Date 4 TOWN COUNCIL MEETING TOWN OF MARANA INFORMATION MEETING DATE: November 6, 2007 AGENDA ITEM: J. 2 TO: MAYOR AND COUNCIL FROM: Kevin M. Kish, AICP, Planning Director SUBJECT: PUBLIC HEARING. Ordinance No. 2007.25: Relating to Development; approving and authorizing a rezoning for the Uptown at Marana Specific Plan. DISCUSSION History This item was continued from the October 2 nd and 16 1h Council meeting to address recommended conditions. A presentation was made to Town Council on August 14, 2007 to familiarize the Council with the project. Rezoning Request The project lies north of Marana Road, west of 1-10 to Sanders Road. Approval of this proposed rezoning would recommend to the Town Council to rezone the subject area of approximately 205 acres from "R-144" (single family residential, 144,000 square foot minimum lot area) to "F" Specific Plan to create the Uptown at Marana Specific Plan. The purpose of "17" zoning is generally to provide functionality and creativity in site planning and design that the developer cannot achieve with conventional zoning. The applicant is proposing to develop a master planned community that includes neighborhood and regional commercial, mixed use of commercial and residential, a mix of residential densities and housing types, recreation and open space. The specific plan will restrict residential development to a maximum of 930 residential units General Plan The 2003 General Plan designates the subject area as Medium Density Residential (MDR). MDR is characterized by detached and attached single-family dwelling units as well as other various types of multi-family housing. Various commercial services are appropriate based on compatibility. The proposed rezoning is located within a designated growth area and its mix of commercial and residential uses and densities fully supports General Plan goals and policies for diverse land uses, efficient use of infrastructure and public services, environmental quality and recreation. This rezoning proposal requests approval of a specific plan which requires a land use designation of "MPA" (Master Planning Area). The change in land use designation from "MDR" to "MPA" requires a minor General Plan amendment and is also to be considered as part of the Specific Plan request. 110607 PCZ-06099 Uptown at Marana Specific Plan TC.doc Land Use The Uptown at Marana Specific Plan is designed as a walkable, compact mix of commercial and residential development with five different land use designations totaling 205 acres. Low- medium residential (41 acres) and medium-high residential (26 acres) are planned for the central and northwest areas of the site. Neighborhood commercial (8 acres) is a smaller, pedestrian scale commercial area located north of and parallel to Marana Road. Regional commercial (80 acres) is planned for the eastern area of the property, adjacent to 1-10 and the neighboring property that will eventually be developed for large scale commercial. Mixed use (29 acres) with commercial and residential is located in the southwest area. The remaining 28 acres consists of open space, park facilities, and trails for connectivity within and beyond the property. These land use designations are described in more detail below: Low-Medium Density Residential for single-family dwelling units, including attached units of higher density duplexes, town homes, row houses, and urban villas. The project may also include detached single family units on a minimum lot size of 2,200 square feet. The density range is 3.1 - 8.0 units per acre. Medium-High Density Residential for attached single-family dwelling units, including town homes, row houses, and urban villas. This use also includes traditional multi-family units. The minimum lot area for attached single family units is 1,625 square feet. The density range is 8.1 - 12.0 units per acre. Neighborhood Commercial is proposed as a pedestrian scale, central marketplace in a Main Street setting with a variety of retail and service uses. Regional Commercial is located to take advantage of visibility to 1-10 and Marana Road. This area includes a wide range of vehicle oriented retail uses, ranging from national retail tenants to small users. Building design standards will allow flexibility for national tenant standards, but also design for compatibility with the overall project design. Mixed Use allows multi-family uses along with commercial uses permitted in Neighborhood Commercial. No more than 50% of an MU parcel can be developed as residential. Traffic Circulation Uptown at Marana will be accessed from Marana Road and from Sanders Road. There are four major intersections, including the north terminus of Tangerine Farms Road, with Marana Road. There is one intersection with Sanders Road, and two internal connections to the adjacent property to the east. Internal circulation is comprised of a network of collectors, local streets and alleys that effectively define the different use areas and connections throughout the development. All major streets will be public, and local streets within development blocks may be private or public as deter-mined during the platting process. Six street and alley cross sections are proposed for the commercial and residential areas. Those proposed sections were presented in a Design Exception Report to allow for some variance from Marana street standards, and approved by the Planning Commission at their July 30, 2007 meeting. 110607 PCZ-06099 Uptown at Marana Specific Plan TC.doc Road Improvements There are several road improvements to be completed as part of overall development of the Uptown at Marana Specific Plan. Improvements include, but not limited to, widening Marana Road to six lanes, reconstructing the Marana 1-10 traffic interchange, extending Marana Main Street from Sandario Road to Marana Road, reconstructing the Marana Road/Sandario Road intersection, and building a pedestrian underpass on Marana Road. The Developer will participate in the design and construction of these improvements in accordance with the recommended conditions and the approved traffic analysis. The Developer will be required to dedicate the necessary rights-of-way for Marana Road and Sanders Road. In addition to intersection improvements for signalization, turn lane improvements, and other roadway improvements, the developer will be responsible for widening Marana Road from four lanes (to be constructed by Sanders Grove) to six lanes. In the event that Sanders Grove does not construct the initial four lane improvements, the Developer will be responsible for that construction. This development will also be subject to the adopted Northwest Marana Roadway impact Fee. Open Space, Recreation and Trails The Uptown at Marana Specific Plan will provide a central community park as well as pocket parks throughout the development. These parks will address the required on-site recreational requirements, be developed in conjunction with the individual subdivisions, and meet the minimum Town of Marana adopted standards. The specific plan will also include a linear layout of open space and a network of trails to connect all areas within the project as well as major community trails adjacent to the property. Landscaped buffer areas are provided along the perimeter of the project, including a 30' buffer along I- 10, as well as internal buffers between different land uses. This development will be subject to the adopted Park Development Impact Fee. Sanitary Sewer All lots are proposed to be served by extending the existing sanitary sewer system. The Developer will prepare, at their sole expense, a Sewer Master Plan and enter into a Water Service Agreement prior to recordation of the final block plat for the property. The Sewer Master Plan will define the necessary wastewater conveyance scheme to connect to the sanitary sewer system in an acceptable location. The Sewer Master Plan will also identify the necessary on-site conveyance scheme to provide sewer connections to all platted lots or blocks within the property. The Sewer Master Plan will also include a sewer phasing plan. Water The Developer will prepare a Water Master Plan for the property and enter into a Water Service Agreement with the Marana Municipal Water Company (MMWC) prior to the approval of the final block plat. This agreement will address potable and non-potable systems that set forth various agreements for the interconnections and main extensions from the existing water system, 110607 PCZ-06099 Uptown at Marana Specific Plan TC.doc and the development, construction, dedication, ownership, and design of the water system, including any necessary storage and well(s) to serve the property. MMWC will own the potable and non-potable water systems, will provide potable water service to the property, and either MMWC or another water provider will supply non-potable water service to the property. The water will be provided through the non-potable water system constructed by the Developer and dedicated to MMWC. The Water Service Agreement must be in place prior to the approval of the Master Water Plan. School District The developer has volunteered to contribute a fee per residential unit to mitigate the effects of the proposed development on the Marana Unified School District. Fire Protection This property will be served by two fire districts. Approximately 40 acres of the property is in the Avra Valley Fire District, and the remaining area is to be annexed into the Northwest Fire District, which has a mutual aid agreement with the Avra Valley Fire District. The Northwest Fire District will act on this annexation at their September 25, 2007 meeting. If necessary, the Development Agreement will state that prior to performing a final Building Department inspection on any dwelling unit, the owner shall have completed annexation into the fire district, or provide evidence to the Town's satisfaction that a diligent effort has been made to complete the process of having the property annexed into the fire district, or provide for other fire protection service. Design Standards Section IV of the specific plan, Development Standards and Design Guidelines, provides the regulatory requirements for the proposed specific plan. These regulations establish development standards to evaluate and direct all planning and design within the project area. Staff finds that the proposed regulations are appropriate to allow enhanced design capabilities and has no objections to the standards. This section also includes residential and commercial design standards that include minimum standards for development of the specific plan. These standards meet or exceed the Residential Design Standards and Commercial Design Standards adopted by the Town in 2005 and 2006. Waiver of Potential Arizona Property Rights Protection Act Compensation Claims To protect the Town against potential claims filed under the Arizona Property Rights Protection Act as a result of changes in the land use laws that apply to the rezoning areas by the Town's adoption of this ordinance, staff requires the applicant waive any rights to compensation for diminution in value by execution and recordation of the attached waiver instrument: the Consent to Conditions of Rezoning and Waiver of Claims for Possible Diminution of Value Resulting from Town of Marana Ordinance No. 2007.25. Ordinance No. 2007.25 is not operative unless and until the applicant waives any potential compensation claims. 110607 PCZ-06099 Uptown at Marana Specific Plan TC.doc If the applicant does not forward the waiver in time to record it within 90 days after the ordinance is passed, the ordinance becomes null and void, as if no action were ever taken to pass the ordinance. Specific plan document. ATTACHMENTS RECOMMENDATION Staff recommends approval of the Uptown at Marana Specific Plan subject to the conditions below. RECOMMENDED CONDITIONS OF APPROVAL I Compliance with all applicable provisions of the Town's Codes, and Ordinances current at the time of any subsequent development including, but not limited to, requirements for public improvements. 2. [Deleted.] 3. The Development has voluntarily agreed to enter into a school contribution agreement with the Marana Unified School District providing for a contribution per residential unit to mitigate the effects of the proposed development. 4. The maximum allowable residential units for the project shall not exceed 930. No more than 233 dwelling units utilizing the small lot option of less than 3,500 square feet, but greater than 2,200 square feet intended for single family detached housing products shall be permitted within the project. 5. The property owner shall not cause any lot split of any kind without the written consent of the Town of Marana. 6. No approval, permit or authorization by the Town of Marana authorizes violation of any federal or state law or regulation or relieves the applicant or the land owner from responsibility to ensure compliance with all applicable federal and state laws and regulations, including the Endangered Species Act and the Clean Water Act. Appropriate experts should be retained and appropriate federal and state agencies should be consulted to determine any action necessary to assure compliance with applicable laws and regulations. 7 the Property. The Developer shall dedicate, or cause to have dedicated, from the Property, the necessary half-street rights-of-way for Marana Road, Sanders Road, and no more than 1,000 square feet of right-of-way on the Property for a Marana Road pedestrian connection, and contribute $300,000 for pedestrian connection improvements or downtown beautification, payable upon issuance of the first grading or buildin2 Dermit on 110607 PCZ-06099 Uptown at Marana Specific Plan TC.doc 8. The Developer shall contribute, proportionally to the Project's impact, based on a Town- approved traffic impact analysis, to the cost to design and construct the circulation improvements to Marana Road, Marana Main Street, Sandario Road, Sanders Road, the Marana Road/1-10 traffic interchange (including without limitation any improvements to the frontage road and/or construction of a shoo-fly connection from Marana Road to the frontage road, if needed), including without limitation any signalization associated with these improvements. To assure concurrency between any development and the then- existing, necessary transportation improvements, no certificate of occupancy shall be issued for the Property unless and until completion Marana Main Street from Marana Road to Sandario Road, currently estimated to be .42 miles but in any event shall be no more than .46 miles, measured along the centerline of the road and of all transportation improvements necessary for safe access to and from the construction. To the extent the cost to construct these concurrently needed improvements exceeds the Developer's proportionate share, the Developer may seek reimbursement for the excess through a development agreement. In no case shall the Developer ultimately be obligated to pay more than Developer's proportional share of the costs of the infrastructure referenced in this paragraph. As provided by A.R.S. § 9-463.05, the cost of any transportation improvements constructed by the Developer for which the Town has adopted a development impact fee shall be credited against transportation impact fees payable for development within the Property. 9. A water service agreement and a master water plan must be submitted by the Developer and accepted by the Utilities Director prior to the approval of the final block plat by the Town Council. 10. A sewer service agreement and master sewer plan must be submitted by the Developer and accepted by the entity responsible for wastewater management and the Town Engineer prior to the approval of the final block plat by the Town Council. 11. 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 or otherwise provide for fire protection service 12. Installation of a non-potable system shall be required to serve the common open space areas and other landscaped amenities as accepted by the Town of Marana. 13. If it is determined that such rights exist on the Property and are owned by the Developer at the time of final plat, the property owner shall transfer with the final plat, by the appropriate Arizona Department of Water Resources form, those water rights being IGR, Type I or Type 11 to the Town of Marana for the Town providing designation of assured water supply and water service to the Property. If Type I or Type 11 is needed on the Property, the Town and developer/landowner shall arrive at an agreeable solution to the use of those water rights appurtenant to the Property. 14. All private parks and trails within Uptown at Marana will be developed by the Master Developer, subject to the approval of the Planning Director and the Parks and Recreation Director. The community and neighborhood parks must be identified in subdivision plats with detailed design as part of the landscape plans for those subdivisions. 110607 PCZ-06099 Uptown at Marana Specific Plan TC.doc 15. Upon adoption of the ordinance by the Mayor and Council approving the Uptown at Marana Specific Plan, the applicant shall provide the Planning Department with the following final edition of the Uptown at Marana Specific Plan: one non-bound original; forty bound copies; and one digital copy in Microsoft Word or other acceptable forniat within sixty days of the adoption. 16. Minor grammatical and technical changes as required by the Town of Marana shall be made to the Uptown at Marana Specific Plan. 17. The Master Developer shall submit an annual report within 30 days of the anniversary of the Town Council's approval of the Specific Plan in addition to those requirements listed in the Land Development Code. 18. Development of the Property shall comply with all FEMA requirements, including any that eventually become effective in relation to FEMA's September 17, 2007 draft "Pima County Levee Failure Analysis" floodplain map, which proposes a change in the floodplain designation of an area that includes the Property. SUGGESTED MOTION I move to approve Ordinance No. 2007.25 adopting the Uptown at Marana Specific Plan with conditions. 110607 PCZ-06099 Uptown at Marana Specific Plan TC.doc MARANA ORDINANCE NO. 2007.25 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A REZONING FOR THE UPTOWN AT MARANA SPECIFIC PLAN. WHEREAS, JF Properties, Inc. and The Cardon Group, LLC represent the property owners of approximately 205 acres of land located within a portion of Section 21, Township I I South, Range I I East, as described on Exhibit "A", attached hereto and incorporated herein by this reference; and, WHEREAS, the Marana Planning Commission held a public hearing on July 30, 2007, and at said meeting voted 4-2 to recommend that the Town Council approve said rezoning, adopting the recommended conditions; and, WHEREAS, the Marana Town Council heard from representatives of the owner, staff and nd th members of the public at the regular Town Council meetings held October 2 , 16 and November 6ffi, 2007, and has determined that the rezoning should be approved and meets the criteria for a minor amendment to the General Plan, changing the land use designation from "MDR" (Medium Density Residential) to "MPA" (Master Planning Area), and should be approved. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1. A minor amendment to the General Plan of approximately 205-acres of land located within aportion of Section 21, Township I I South, Range I I East, north of Marana Road, from 1-10 west to Sanders Road (the "Property"), changing the land use designation from "MDR" (Medium Density Residential) to "MPA" (Master Planning Area). Section 2. The zoning of the Property is hereby changed from Zone "R-144" (Single family residential, 144,000 square feet minimum) to "F" (Specific Plan) creating the Uptown at Marana Specific Plan. Section 3. The purpose of this rezoning is to allow the use of the Property for a master planned community that includes regional and neighborhood commercial, mixed use of commercial and residential, a mix of residential densities and housing types, recreation and open space 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): {00006437.DOC / 41 Marana Ordinance No. 2007.25 Page I of 4 1. Compliance with all applicable provisions of the Town's Codes, and Ordinances current at the time of any subsequent development including, but not limited to, requirements for public improvements. 2. [Deleted.] 3. The Development has voluntarily agreed to enter into a school contribution agreement with the Marana Unified School District providing for a contribution per residential unit to mitigate the effects of the proposed development. 4. The maximum allowable residential units for the project shall not exceed 930. No more than 233 dwelling units utilizing the small lot option of less than 3,500 square feet, but greater than 2,200 square feet intended for single family detached housing products shall be permitted within the project. 5. The property owner shall not cause any lot split of any kind without the written consent of the Town of Marana. 6. No approval, permit or authorization by the Town of Marana authorizes violation of any federal or state law or regulation or relieves the applicant or the land owner from responsibility to ensure compliance with all applicable federal and state laws and regulations, including the Endangered Species Act and the Clean Water Act. Appropriate experts should be retained and appropriate federal and state agencies should be consulted to determine any action necessary to assure compliance with applicable laws and regulations. 7. The Developer shall dedicate, or cause to have dedicated, from the Property, the necessary half-street rights-of-way for Marana Road, Sanders Road, and no more than 1,000 square feet of right-of-way on the Property for a Marana Road pedestrian connection, and contribute $300,000 for pedestrian connection improvements or downtown beautification, payable upon issuance of the first grading or building permit on the Property. Developer shall be permitted to landscape and maintain the right-of-way adjacent to the Property in accordance with the Town's standard license agreement. 8. The Developer shall contribute, proportionally to the Project's impact, based on a Town- approved traffic impact analysis, to the cost to design and construct the circulation improvements to Marana Road, Marana Main Street, Sandario Road, Sanders Road, the Marana Road/1- 10 traffic interchange (including without limitation any improvements to the frontage road and/or construction of a shoo-fly connection from Marana Road to the frontage road, if needed), including without limitation any signalization associated with these improvements. To assure concurrency between any development and the then-existing, necessary transportation improvements, no certificate of occupancy shall be issued for the Property unless and until completion Marana Main Street from Marana Road to Sandario Road, currently estimated to be .42 miles but in any event shall be no more than .46 miles, measured along the centerline of the road and of all transportation improvements necessary for safe access to and from the construction. To the extent the cost to construct these concurrently needed improvements exceeds the Developer's proportionate share, the Developer may seek reimbursement for the excess through a development agreement. In no case shall the Developer ultimately be obligated to pay more than Developer's proportional share of the costs of the infrastructure referenced in this paragraph. As provided by A.R.S. § 9-463.05, the cost of any transportation improvements constructed by the Developer for 100006437. DOC / 4) Marana Ordinance No. 2007.25 Page 2 of 4 which the Town has adopted a development impact fee shall be credited against transportation impact fees payable for development within the Property. 9. A water service agreement and a master water plan must be submitted by the Developer and accepted by the Utilities Director prior to the approval of the final block plat by the Town Council. 10. A sewer service agreement and master sewer plan must be submitted by the Developer and accepted by the entity responsible for wastewater management and the Town Engineer prior to the approval of the final block plat by the Town Council. 11. 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 or otherwise provide for fire protection service 12. Installation of a non-potable system shall be required to serve the common open space areas and other landscaped amenities as accepted by the Town of Marana. 13. If it is determined that such rights exist on the Property and are owned by the Developer at the time of final plat, the property owner shall transfer with the final plat, by the appropriate Arizona Department of Water Resources form, those water rights being IGR, Type I or Type 11 to the Town of Marana for the Town providing designation of assured water supply and water service to the Property. If Type I or Type 11 is needed on theProperty, the Town and developer/landowner shall arrive at an agreeable solution to the use of those water rights appurtenant to the Property. 14. All private parks and trails within Uptown at Marana will be developed by the Master Developer, subject to the approval of the Planning Director and the Parks and Recreation Director. The community and neighborhood parks must be identified in subdivision plats with detailed design as part of the landscape plans for those subdivisions. 15. Upon adoption of the ordinance by the Mayor and Council approving the Uptown at Marana Specific Plan, the applicant shall provide the Planning Department with the following final edition of the Uptown at Marana Specific Plan: one non-bound original; forty bound copies; and one digital copy in Microsoft Word or other acceptable format within sixty days of the adoption. 16. Minor grammatical and technical changes as required by the Town of Marana shall be made to the Uptown at Marana Specific Plan. 17. The Master Developer shall submit an annual report within 30 days of the anniversary of the Town Council's approval of the Specific Plan in addition to those requirements listed in the Land Development Code. 18. Development of the Property shall comply with all FEMA requirements, including any that eventually become effective in relation to FEMA's September 17, 2007 draft "Pima County Levee Failure Analysis" floodplain map, which proposes a change in the floodplain designation of an area that includes the Property. Section 4. This Ordinance shall be treated as having been adopted and the 30-day referendum period established by Arizona Revised Statutes section ("A.R.S. §") 19-142(D) shall begin when the Town {00006437.DOC / 4) Marana Ordinance No. 2007.25 Page 3 of 4 files with the county recorder an instrument (in a form acceptable to the Town Attorney), executed by the Developer and any other party having any title interest in the Property, that waives any potential claims against the Town under the Arizona Property Rights Protection Act (A.R.S. § 12-1131 et seq., and specifically A.R.S. § 12-1134) resulting from changes in the land use laws that apply to the Property as a result of the Town's adoption of this Ordinance. If this waiver instrument is not recorded within 90 calendar days after the motion approving this Ordinance, this Ordinance shall be void and of no force and effect. Section 5. 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. 2007.25. Section 6. 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 6t" day of November, 2007. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney 100006437.DOC / 41 Marana Ordimnce No. 2007.25 Page 4 of 4 EXHIBIT A LEGAL DESCRIPTION FOR UPTOWN AT MARANA SPECIFIC PLAN THATPORTION OF THE NORTH HALF OF SECTION 21, TOWNSHIP 11 SOUTH, RANGE 11 EAST OF THE GILA AND SALT RIVER BASEAND MERIDIAN, PIMA COUNTY, ARIZONA, DE- SCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 21, BEING?A BRASS CAP IN HAND HOLE, THENCE NORTH 00- 30'58" WEST, ALONG THE WEST LINE OF SAID SECTION 21, TOWARD THE NORTHWEST CORNER OF SAID SECTION 21, BEING A HALF INCH REBAR, A DISTANCE OF 30.00 FEET, THENCE NORTH 390 21,04" EAST, PARALLEL WITH AND 30.00 FEET NORTH OF THE EAST-WEST MID-SECTION OF SAID SECTION 21, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 000 30'53" WEST, ALONG THE EA S T RIGHT-OF-W4 Y LINE OF SANDERS ROAD AS SET FORTH IN DOCKET 368, PAGE 7, RECORDS OF PIMA COUNTY, ARIZONA, BEING PARALLEL WITH AND 30. 00 FEET EAST OF SAID WEST LINE OF SECTION 2 1, A DIS- 'fANCE OF 2606.23 FEET TO THE NORTH LINE OF SAID SECTION 21; THENCE NORTH 390 19'33"EAST, ALONG SAID NORTH LINE OF SECTION 21, A DISTANCE OF 2612.43 FEET TO THE NORTH QUARTER CORNER OF SAID SEC TION 21; THENCE NORTH 89 0 22'51 " EAS T, ALONG SAID NORTH LINE OF SECTION 21, A DISTANCE OF 165.02 FEET TO A POINT ON THE SOUTHWES TERLY RIGHT-OF-WAY LINE OF INTERS TATE 10 (ALSO KNOWN AS THE CASA GRANDE TUCSON HIGHWAY), AS CONVEYED TO THE STATE OFARIZONA BY DEED RECORDED IN DOCKET 1934, PAGE 496, RECORDS OF PIMA COUNTY, ARIZONA AND AS SHOWN ON THOSE CERTAINA.D.0 * T PLANS DATED SEPTEMBER, 6,1960, PROJECT NO. 1-10-4 (26) 231; THENCE SOUTH 500 29'00"EAST, ALONG SAID RIGHT-OF-WAY LINE, 759.92 FEET; THENCE SOUTH 460 57'59*"EAST, ALONG SAID RIGHT-OF-WAY LINE, 299.73 FEET THENCE SOUTH 000 25'40" EAST, PARALLEL WITHAND 1680.00 FEET WEST OF THE E4ST LINE OF SAID SECTION 21, A DISTANCE OF 1910.15 FEET, THENCE SOUTH 890 21' 04 " WES T, A L ONG THE NOR TH RIGHT-OF- WA Y L INE OF MA RA NA ROA D A S SET FOR TH B Y PIMA COUNTY ESTABLISHMENT NO. 114, BEING PARALLEL WITH AND 30. 00 FEET NORTH OF SAID EAST-WEST MIDSECTION LINE Q,F SECTION 21, A DISTANCE OF 3573.59 FEET TO THE POINT OF BEGINNING. (THE PARCEL DESCRIBED ABO VE CONTAINS 207.75 ACRES, MORE OR LESS) N 0 TOWN COUNCIL MEETING TOWN OF MARANA 11 7 INFORMATION (i MEETING DATE: November 6, 2007 AGENDA ITEM: J. 3 TO: MAYOR AND COUNCIL FROM: Kevin Kish, AICP, Planning Director SUBJECT: PUBLIC HEARING. Ordinance No. 2007.28: Relating to Development; approving and authorizing a rezoning for Camino De Manana Properties. DISCUSSION Planning Commission Hearini! A public hearing for this case was held during the October 3, 2007, Planning Commission meeting. During this meeting the Commission heard from five of the property owners in the area. All five property owners had specific concerns regarding the project. The Planning Commission voted 3-1 recommending approval to the Town Council (Commissioner Fogel dissenting, Commissioners Winger, Schisler and Jakab excused). Summary of Application The applicant, on behalf of the property owner, requests approval for a change in zoning on approximately 29.6 acres to develop a single family detached residential subdivision. This site is generally located on the east side of Camino De Mariana, 1.5 miles south of Tangerine Road. Rezoninst Reques The applicant proposes a change of zoning from "C" (Large Lot Zone) to "R-36" (Single Family Residential, 36,000 square foot minimum lot size). The site is bordered by "R-36" zoning on the north, west and south. The east property line borders unincorporated Pima County property zoned "SR" (Single Family Residential, 144,000 square foot minimum lot size). The applicant proposes to use this property in conjunction with approximately 70.8 contiguous acres to the south already zoned "R-3 6" to create an integrated subdivision for the 100 acres. Marana General Plan The General Plan designates the property as Low Density Residential (LDR, 0.6 - 3 dwelling units/acre). The proposed "R-36" zoning area with approximately 30 lots would create 1.01 dwelling units/acre meeting the intent and density requirements for the LDR land use designation. Access Access to the proposed subdivision will be provided by two private roads off of Camino De Mariana and the future Dove Mountain extension. Internal private streets will be built to Town standards; therefore allowing on street parking and providing sidewalks. 110607 PCZ-07011 Camino De Manana Properties Rezoning TC.doc Disturbance/Utilities Due to the high resource value of the vegetation in this area and the desire to create a Sonoran desert quality of life, a maximum allowable site disturbance of 30% will be imposed on the rezoning area (as is imposed on the surrounding properties). On-site roadways, building envelopes and all existing/proposed easements will be counted as disturbance. Building envelopes will be established on the final plat. No existing public sewers exist in the area; therefore septic systems are proposed. Septic systems and utilities will be incorporated inside the building envelopes. Walls will be restricted to building envelopes. Water will be provided to the proposed subdivision by Marana Water. All utilities will be placed underground. Schools and Parks The property owner has agreed to a voluntary contribution of $1,200 per dwelling unit payable to the Marana Unified School District by the lot owners at the time of building permit. Lot owners will also contribute the applicable Park Development Impact fees. A 15 foot wide Potvin Trail with an improved cross-section of 6 foot wide decomposed granite built to Town of Marana standards and maintained by the subdivision's owner association will be provided by the master developer. Fire Protection The developer shall have completed or shall provide evidence to the Town's satisfaction that the developer has made a diligent effort to complete the process of having the property annexed into a fire district or otherwise provide for fire protection service prior to approval of the final plat. PubHc Notification A public notice for the hearing was published in the newspaper as well as posted at various locations around the Town. In addition, public hearing notification letters were sent to all property owners within 300 feet of the site. The applicant held a neighborhood meeting on May 30, 2007 at the Nanini Public Library. Eight people attended the meeting; their concerns were: negative impacts on property values, loss of natural views and the operation of quads in the washes. Two letters of opposition were received; one letter was signed by 7 county property owners to the east, the other letter was from the adjacent property owner/developer to the north (see attachments). The developer has agreed to provide at least 40 foot of landscaped open space and restricting all homes on lots 55, 56, 57, 61, 62, 63, 74 and 75 to one story, 20 foot building height to provide a buffer for the east neighbors. Waiver of Potential Arizona Property Rights Protection Act Compensation Claims To protect the Town against potential claims filed under the Arizona Property Rights Protection Act as a result of changes in the land use laws that apply to the rezoning areas by the Town's adoption of this ordinance, staff requires the applicant waive any rights to compensation for diminution in value by execution and recordation of the attached waiver instrument: the Consent to Conditions of Rezoning and Waiver of Claims for Possible Diminution of Value Resulting from Town of Marana Ordinance No. 2007.28. Ordinance No. 2007.28 is not operative unless and until the applicant waives any potential compensation claims. If the applicant doesn't forward the waiver in time to record it within 90 days after the ordinance is passed, the ordinance becomes null and void, as if no action were ever taken to pass the ordinance. 110607 PCZ-07011 Camino De Manana Properties Rezoning TC.doc ATTACHMENTS Application, location map, and site analysis with a tentative development plan and three letters from property owners. RECOMMENDATION Staff recommends approval of the Camino De Manana Properties rezoning subject to the recommended conditions. Staff has reviewed the application for compliance with the Marana Land Development Code and the Marana General Plan. This rezoning is in conformance with the required development regulations. RECOMMENDED CONDITIONS OF APPROVAL Compliance with all provisions of Towns Codes, Ordinances, and policies of the General Plan current at the time of development including, but not limited to, requirements for public improvements. 2. The property owner shall not cause any lot split of any kind without written authorization from the Town of Marana. 3. 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 or otherwise provide for fire protection service prior to approval of the final plat. 4. Archaeological surface inspection shall be conducted and have clearance provided prior to any ground disturbing activities. 5. The subject rezoning site shall be limited to a gross site disturbance of 30 percent. On-site roadways, building envelopes and all existing/proposed utility easements will be counted as disturbance. Building envelopes will be established in the platting process. Septic systems, utilities and walls will be incorporated inside the building envelopes. 6. This project is subject to the adopted fees associated with the Marana Parks and Recreational Benefit Area. 7. The applicant volunteers to a $1,200 per dwelling unit contribution to the Marana Unified School District. 8. No approval, permit or authorization by the Town of Marana authorizes violation of any federal or state law or regulation or relieves the applicant or the land owner from responsibility to ensure compliance with all applicable federal and state laws and regulations, including the Endangered Species Act and the Clean Water Act. Appropriate experts should be retained and appropriate federal and state agencies should be consulted to determine any action necessary to assure compliance with applicable laws and regulations. 9. A Native Plant Permit utilizing the plant inventory method shall be required for all disturbed areas prior to any site disturbance. 10. Minimum building envelope square footage for each lot in the proposed subdivision will be agreed upon by the Planning Department and the Town Engineer. 110607 PCZ-07011 Camino De Manana Properties Rezoning TC.doc 11. A 15 foot wide Potvin Trail easement will be provided with improvements of a 6 foot wide decomposed granite trail built by the developers to Town of Marana standards. 12. At a minimum, the developer will provide 40 foot of landscaped open space along the east plat boundary. 13. Buildings on proposed lots 55, 56, 57, 61, 62, 63, 74 and 75 of the tentative plat as depicted in the rezoning site analysis will be restricted to one story with a maximum height of 20 feet. 14. All on-site utilities will be placed underground. SUGGESTED MOTION I move to adopt Ordinance No. 2007.28. 110607 PCZ-0701 I Camino De Manana Properties Rezoning TC.doc CONSENT TO CONDITIONS OF REZONING AND WAIVER OF CLAIMS FOR POSSIBLE DIMINUTION OF VALUE RESULTING FROM TOWN OF MARANA ORDINANCE NO. 2007.28 FIDELITY NATIONAL TITLE COMPANY, INC., an Arizona corporation, as trustee under Trust Nos. 60,175 owns the land referred to in this instrument as the "Property," which is particularly described in Exhibit A attached to Marana Ordinance No. 2007.28 (the "Rezoning Ordinance") and incorporated by this reference in this instrument. The Property is the subject of Town of Marana rezoning case number PCZ-0701 1, filed on behalf of the Owners, which the Marana Town Council approved with conditions on November 6, 2007 by passing the Rezoning Ordinance. The Owners hereby agree and consent to all of the conditions imposed by the Marana Town Council in conjunction with the approval of the Rezoning Ordinance and waive any right to compensation for diminution in value pursuant to Arizona Revised Statutes § 12-1134 that may now or in the future exist as a result of the approval of the Rezoning Ordinance. The Owners also consent to the recording of this document in the office of the Pima County Recorder, to give notice of this instrument and its effects to successors in interest of the Property, who shall also be bound by it. Dated this day of November, 2007 FIDELITY NATIONAL TITLE AGENCY, INC., an Arizona corporation, as trustee under Trust No. 60,175 only and not in its corporate capacity By: Martha L. Hill, Trust Officer By: ABIG Manana, Beneficiary Joel Abrams, Managing Member Camino De Manana Properties - 207 Waiver.DOC STATE OF ARIZONA ss County of Pima The foregoing instrument was acknowledged before me on November _, 2007 by Martha L. Hill, Trust Officer of FIDELITY NATIONAL TITLE AGENCY, INC., an Arizona corporation, as trustee under Trust Nos. 60,175 only and not in its corporate capacity. My commission expires: Notary Public Camino De Manana Properties - 207 Waiver.DOC MARANA ORDINANCE NO. 2007.28 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A REZONING FOR CAMINO DE MANANA PROPERTIES. WHEREAS, ABIG Manana, L.L.C. is the property owner of approximately 29.6 acres located on the eastside of Camino De Manana approximately 1.5 miles south of Tangerine Road in a portion of Section 12, Township 12 South, Range 12 East, as described on Exhibit "A", attached hereto; and, WHEREAS, the Marana Planning Commission held a public hearing on October 3, 2007, and at said meeting voted 3 -1 to recommend that the Town Council approve said rezoning; and, WHEREAS, the Marana Town Council heard from representatives of the owner, staff and members of the public at the regular Town Council meeting held November 6, 2007, and have determined that the rezoning should be approved. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council ofthe Town ofMarana, Arizona, as follows: Section 1. The rezoning of approximately 29.6 acres of land as described below is located on the eastside of Camino De Mariana approximately 1.5 miles south of Tangerine Road complies with the General Plan. Section 2. The rezoning area is hereby changed from "C" (large lot zone) to "R-36" (single family residential 36,000 square foot minimum lot area) on the 29.6 acres of land located on the eastside of Camino De Manana approximately 1.5 miles south of Tangerine Road. Section 3. The intent of the rezoning is to allow the use of the rezoned area for single family detached homes on large lots. This rezoning is 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): I . Compliance with all provisions of Towns Codes, Ordinances, and policies of the General Plan current at the time of development including, but not limited to, requirements for public improvements. 2. The property owner shall not cause any lot split of any kind without written authorization from the Town of Marana. 3. The developer shall have completed or shall provide evidence to the Town's satisfaction that the developer has made a diligent effort to complete the process of having the property annexed into a fire district or otherwise provide for fire protection service prior to approval of the final plat. Page I of 3 4. Archaeological surface inspection shall be conducted and have clearance provided prior to any ground disturbing activities. 5. The subject rezoning site shall be limited to a gross site disturbance of 30 percent. On-site roadways, building envelopes and all existing/proposed utility easements will be counted as disturbance. Building envelopes will be established in the platting process. Septic systems, utilities and walls will be incorporated inside the building envelopes. 6. This project is subject to the adopted fees associated with the Marana Parks and Recreational Benefit Area. 7. The applicant volunteers to a $1,200 per dwelling unit contribution to the Marana Unified School District. No approval, permit or authorization by the Town of Marana authorizes violation of any federal or state law or regulation or relieves the applicant or the land owner from responsibility to ensure compliance with all applicable federal and state laws and regulations, including the Endangered Species Act and the Clean Water Act. Appropriate experts should be retained and appropriate federal and state agencies should be consulted to determine any action necessary to assure compliance with applicable laws and regulations. 9. A Native Plant Permit utilizing the plant inventory method shall be required for all disturbed areas prior to any site disturbance. 10. Minimum building envelope square footage for each lot in the proposed subdivision will be agreed upon by the Planning Department and the Town Engineer. 11. A 15 foot wide Potvin Trail easement will be provided with improvements of a 6 foot wide decomposed granite trail built by the developers to Town of Marana standards. 12. At a minimum, the developer will provide 40 foot of landscaped open space along the east plat boundary. 13. Buildings on proposed lots 55, 56, 57, 61, 62, 63, 74 and 75 of the tentative plat as depicted in the rezoning site analysis will be restricted to one story with a maximum height of 20 feet. 14. All on-site utilities will be placed underground. Section 4. This Ordinance shall be treated as having been adopted and the 30-day referendum period established by Arizona Revised Statutes section ("A.R.S. §") 19-142(D) shall begin when the Town files with the county recorder an instrument (in a form acceptable to the Town Attorney), executed by the Developer and any other party having any title interest in the Rezoning Area, that waives any potential claims against the Town under the Arizona Property Rights Protection Act (A.R.S. § 12-1131 et seq., and specifically A.R.S. § 12-1134) resulting from changes in the land use laws that apply to the Rezoning Area as a result of the Town's adoption of this Ordinance. If this waiver instrument is not recorded within 90 calendar days after the motion approving this Ordinance, this Ordinance shall be void and of no force and effect. Section 5. 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, as of the effective date of Ordinance No. 2007.28. Section 6. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any Page 2 of 3 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 6'h day of November, 2007. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Page 3 of 3 Floerchin2er - Sadler - Steele - Baker INCORPORATED architecture - civil engineering - planning EXHIBIT A LEGAL DESCRIPTION For Rezoning of Camino de Manana Properties A parcel of land located in Section 12, Township 12 South, Range 12 East, Gila and Salt River Meridian, Town of Marana, Pima County, Arizona, more particularly described as follows: Commencing at the North one-quarter comer of said Section 12; Thence S 00' 05'41 " E along the North-South line of said Section 12, a distance of 1318.50 feet; Thence S 00' 05' 19" E along said North-South line, a distance of 659.46 feet to the TRUE POINT OF BEGINNING; Thence S 00' 02'24" E along said North-South line, a distance of 659.31 feet to the center post of said Section 12; Thence S 89' 57'26" W along the East-West line of said Section 12, a distance of 1320.22 feet; Thence N 00' 00' 03 " E, a distance of 659.40 feet; Thence N 89' 57'41 " E, a distance of 1319.68 feet to the TRUE POINT OF BEGINNING. Together with; A parcel of land located in Section 12, Township 12 South, Range 12 East, Gila and Salt River Meridian, Town of Marana, Pima County, Arizona, more particularly described as follows: Commencing at the North one-quarter comer of said Section 12; Thence S 00' 05'41 " E along the North-South line of said Section 12, a distance of 1318.50 feet; Thence S 00' 05' 19" E along said North-South line, a distance of 659.46 feet; Thence S 00' 02' 24" E along said North-South line, a distance of 659.31 feet to the center post of said Section 12; Tucson Main Office: 326 south convent tucson arizona 85701 (520) 628-4144 fax (520) 628-1375 Phoenix Office: 5702 east shea boulevard scottsdale arizona 85254 Legal Description, continued, Thence S 89' 57' 26" W along the East-West line of said Section 12, a distance of 1320.22 feet to the TRUE POINT OF BEGINNING; Thence continue S 89' 57'26" W along said East-West line, a distance of 704.65 feet to a point on the easterly right-of-way line of Camino de Manana; Thence N 21' 29'32" E along said right-of-way line, a distance of 708.92 feet; Thence N 89' 57'41 " E, a distance of 444.93 feet; Thence S 00' 00'03 " W, a distance of 659.40 feet to the TRUE POINT OF BEGINNING. The Camino de MaRana exhibits are on file and available for viewing from 8:00. a.m. to 5:00 p.m. Monday through Friday excluding holidays, at the office of the Town Clerk, 11555 W. Civic Center Drive, Marana, A-Z 85653. N n N n TOWN COUNCIL MEETING TOWN OF MARANA ZA 7 INFORMATION 4RIZotk MEETING DATE: November 6, 2007 AGENDA ITEM: J. 4 TO: MAYOR AND COUNCIL FROM: Keith Brann, P.E., CFM, Town Engineer SUBJECT: Relating to Development; holding a public hearing for the Northeast Transportation Development Impact Fee DISCUSSION On July 10, 2007 Town of Marana staff gave a presentation on creating an Impact Fee for Northeast Marana. The Town of Marana released an Technical Report recommending the adoption of a new impact fee for arterial and collector roadways in Northeast Marana on July 24, 2007. The analysis recommended a new impact fee in the amount of $6,872 per dwelling unit for roadway development in Northeast Marana. Copies of the Technical Report have been available at Town Hall, and have been posted on the Town's website. A presentation on the new fee proposal was made at the Southern Arizona Home Builders Association (SAHBA) Technical Committee on September 18,2007. The purpose of this agenda item is to hold a required public hearing on the proposed impact fee. SAHBA has requested that the collection of the fee not occur until 180 days from the date of adoption instead of the 75 days minimum called for by state statute. Town staff is supportive of this request and for ease of implementation has set the collection date as the first day of the next fiscal year, July 1, 2008. SAHBA has also requested a step implementation of the new fee. Town staff does not support that request. The proposed ordinance is attached for review and discussion. ATTACHMENT Draft ordinance. SUGGESTED MOTION I move to bring forward to the December 18, 2007 meeting the draft ordinance presented by staff for possible adoption. MARANA ORDINANCE NO. xxxxx RELATING TO DEVELOPMENT; ADOPTING THE NORTHEAST TRANSPORTATION DEVELOPMENT IMPACT FEE, ACCEPTING AND APPROVING THE TECHNICAL REPORT IDENTIFYING BENEFIT AREA AND THE ROADWAY NEEDS, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town is authorized by A.R.S. § 9-463.05 to assess and collect development impact fees to offset costs to the Town associated with providing necessary public services to a development; and WHEREAS, the technical report entitled "Northeast Benefit Area Residential Roadway Impact Fee Analysis" ("the Technical Report") identifies the Northeast Marana Transportation Benefit Area and determines the fair-share roadway development impact fees attributable to the typical single-family residence, which shall be used as the equivalent demand unit ("EDU"), within the area; and WHEREAS, the Technical Report identifies the nurnber of EDUs anticipated to be constructed within the Northeast Marana Transportation Benefit Area; and WHEREAS, the Technical Report determines the Town's reasonably anticipated costs for providing interchange, arterial and collector roadway improvements needed to serve the Northeast Marana Transportation Benefit Area; and WHEREAS, the Technical Report adequately considers the contributions made or to be made in the future by property owners within the Northeast Marana Transportation Benefit Area toward or for the construction of the identified roadway improvements; and WHEREAS, the Technical Report contains all documentation that supports the assessment of the Northeast Marana Transportation Development Impact Fee; and WHEREAS, the Technical Report was released to the public and at least thirty days' advance notice of intention to assess the Northeast Marana Transportation Development Impact Fee was given, and a public hearing was held on the proposed fee, all in accordance with A.R.S. § 9-463.05. NOW, THEREFORE, THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, do hereby ordain as follows: SECTION 1. The Northeast Transportation Benefit Area, being that area bounded by the Central Arizona Project Canal or Interstate 10 on the west, Lambert Road or Lambert Road extended to the south, and the Town limits to the north and east, is hereby established. SECTION 2. The Northeast Transportation Development Impact Fee is hereby adopted in the amount of $6,872 per EDU. SECTION 3. Town Staff shall collect the Northeast Transportation Development Impact Fee upon issuance of building permits for each residential development within the Northeast Transportation Benefit Area, unless a development agreement provides otherwise. SECTION 4. When calculating the amount of the Northeast Transportation Development Impact Fee to be collected for a given residential development, Town Staff shall determine the development's anticipated impact in comparison to the typical single- family residence, using the methods and equivalencies set forth in the Technical Report. SECTION 5. When assessing the Northeast Transportation Development Impact Fee, Town Staff shall give credit for the required dedication of public sites and improvements provided by the property owner for the identified interchange, arterial and collector road improvements, as provided by law. SECTION 6. All Northeast Transportation Development Impact Fees collected by the Town shall be held and disbursed in accordance with the requirements of A.R.S. § 9-463.05. SECTION 7. This Ordinance shall become effective and the collection of the Northeast Transportation Development Impact Fee shall begin July 1, ?008. SECTION 8. The Northeast Transportation Development Impact Fee shall be automatically modified on July I of each year thereafter to reflect changes in the ENR CCI during the applicable period. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 18th day of December, 2007. Ed Honea, Mayor ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney 2 N TOWN COUNCIL TowN OF MARANA MEETING 9 MARANA 7 INFORMATION MEETING DATE: November 6, 2007 AGENDAITEM: J. 5 TO: MAYOR AND COUNCIL FROM: Kevin Kish, AICP, Planning Director SUBJECT: PUBLIC HEARING Ordinance No. 2007-29: Relating to Development; approving and authorizing a modification to the rezoning conditions of Ordinance No. 2002.16 DISCUSSION History On September 3, 2002, Council approved Ordinance 2002.16, which rezoned 18.64 acres of vacant land located on the northwest comer of Camino de Oeste and Lambert Lane from Zone "C" to R-144. Ordinance No. 2002.16 limits the total site disturbance to 20 percent (see attached ordinance, condition #4). The contiguous property to the north was rezoned to R-144 with a 30 percent maximum disturbance limitation by Ordinance No. 2003.02 (see attached ordinance, condition #4). The contiguous property to the west was rezoned to R-80 with a 30 percent maximum disturbance limitation by Ordinance No. 2006.05 (see attached ordinance, condition #4). Reques The property owner, Mike Lee, requests a change in condition #4 of Ordinance No. 2002.16 to increase the total site disturbance from 20 to 30 percent in order to create a five lot custom home subdivision with 3.3 acre minimum lot size (see attached plat exhibit). Contiguous properties rezoned subsequently to Ordinance 2002.16 were granted 30 percent maximum disturbance. Westland Resources has completed a threatened and endangered species evaluation including conservation measures for the property (see attached letter and evaluation from James A. Tress, Jr. of Westland Resources, Inc.). This report recommends a 30 percent maximum disturbance limitation along with other conservation measures. The owner concurs with the evaluation of Westland Resources and has agreed to all the conservation measures recommended by them. ATTACHMENTS Location map, a copy of rezoning Ordinances 2002.16, 2003.02 and 2006.05, a letter of request from the owner, a letter and conservation evaluation from Westland Resources, proposed subdivision submittal. Blusheet Rezoning Ordinance 2002.16 Condition Change.doc RECOMMENDATION Staff recommends a change of Condition #4 in Ordinance No. 2002.16 to allow a maximum site disturbance of 30 percent. The proposed condition change is congruent with limitations set on contiguous properties and current limitations set for the general area. In addition, the owner has agreed to additional conservation measures recommended by Westland Resources. SUGGESTED MOTION I move to adopt Ordinance No. 2007-29. Blusheet Rezoning Ordinance 2002.16 Condition Change.doc MARANA ORDINANCE NO. 2007.29 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A MODIFICATION TO THE REZONING CONDITIONS OF ORDINANCE NO. 2002.16. WHEREAS, on September 3, 2002, the Town of Marana adopted Ordinance No. 2002.16 approving the rezoning of a parcel of land on the northwest comer of Camino De Oeste and Lambert Lane, in a portion of Section 12, Township 12 South, Range 12 East, approximately 18.64 acres in size; and WHEREAS, Mike Lee, the owner of the parcel, has requested a change in the rezoning condition #4 of Ordinance No. 2002.16 from 20 percent total site disturbance to 30 percent total site disturbance on approximately 18.64 acres and is generally located at the northwest comer of Camino De Oeste and Lambert Lane, consisting of a portion of Section 12, Township 12 South, Range 12 East; and WHEREAS, the Town Council, at their regular meeting on November 6, 2007 has determined that a change in rezoning condition #4 of Ordinance No. 2002.16 from 20 percent total site disturbance to 30 percent total site disturbance should be approved. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1. Condition #4 of Marana Ordinance No. 2002.16 is hereby amended to read as follows: A maximum of thirty percent of the total site may be disturbed. Building envelopes shall be established through the platting process reflective of the allowable site disturbance condition. Section 2. 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, as of the effective date of Ordinance No. 2007.29. Section 3. 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. Page I of 2 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6?h day of November, 2007. ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Mayor Ed Honea Page 2 of 2 The Condition change for Ordinance 2002.16 exhibits are on file and available for viewing from 8:00 a.m. to 5:00 p.m. Monday through Friday excluding holidays, at the office of the Town Clerk, 115 5 5 W. Civic Center Drive, Marana, AZ 85653. N TOWN COUNCIL MEETING TOWN OF MARANA ?FRANA INFORMATION MEETING DATE: November 6, 2007 AGENDAITEM: J. 6 TO: MAYOR AND COUNCIL FROM: Frank Cassidy, Town Attorney Keith Brann, P.E., CFM, Town Engineer SUBJECT: Resolution No. 2007-193: Relating to Development; requesting Federal Emergency Management Agency withdrawal of the September 17, 2007 draft "Pima County Levee Failure Analysis" floodplain maps; authorizing Town funding of a detailed floodplain study of affected areas of the Town; identifying potential future funding to reimburse study costs; authorizing appropriate Town staff action; and declaring an emergency. DISCUSSION The Federal Emergency Management Agency (FEMA) has issued draft floodplain maps showing their intended floodplain remapping of Marana by decertifying levee like structures including the CAP canal, Interstate- 10, and the Union Pacific Railroad. The floodplain proposed by FEMA is not being done as part of a drainage study. Town staff recommends that the Town conduct a large scale drainage study to show the actual drainage patterns and flood prone risks in these areas. In the interest of time, Town staff is requesting that a state of emergency be declared relevant to this issue to allow a study to commence as soon as possible. In conjunction with this request, Town staff is asking council to formally request that the draft maps be withdrawn by FEMA while this study is being undertaken. The goal of the withdrawal of the maps is to allow time for the study to be completed before a requirement to purchase flood insurance is in place and to remove the stigma that the draft maps have created for Marana. The current capital improvement budget of the Town has funding for $500,000 towards a northwest drainage study in the current fiscal year. This funding will be sufficient to cover expenses for this fiscal year. Additional funding will be needed for next fiscal year. The study will take between 18 and 24 months to complete. Once it is known how much property can be removed from FEMA's proposed floodplain by a study, a benefit area will be brought to council to recover costs from undeveloped areas. It is staffs intention that the $500,000 already allocated for a northwest drainage study will cover the burden of the study on existing benefiting properties that are already developed. SUGGESTED MOTION I move to approve Marana Resolution 2007-193. MARANA RESOLUTION NO. 2007-193 RELATING TO DEVELOPMENT; REQUESTING FEDERAL EMERGENCY MANAGEMENT AGENCY WITHDRAWAL OF THE SEPTEMBER 17, 2007 DRAFT "PIMA COUNTY LEVEE FAILURE ANALYSIS" FLOODPLAIN MAPS; AUTHORIZING TOWN FUNDING OF A DETAILED FLOODPLAIN STUDY OF AFFECTED AREAS OF THE TOWN; IDENTIFYING POTENTIAL FUTURE FUNDING TO REIMBURSE STUDY COSTS; AUTHORIZING APPROPRIATE TOWN STAFF ACTION; AND DECLARING AN EMERGENCY. WHEREAS on September 17, 2dO7, the Federal Emergency Management Agency ("FEMA") issued draft "Pima County Levee Failure Analysis" floodplain maps, significantly increasing the Zone A floodplain in portions of Marana; and WHEREAS the revised maps disregard the flooding effects of any levee-like man-made feature which does not meet the technical requirements of a levee; and WHEREAS the Town believes that more detailed floodplain analysis of the affected areas using the best available science will show significantly lower flood hazards and smaller floodplains than is shown on the September 17 draft FEMA maps; and WHEREAS the mere issuance of the September 17 draft FEMA maps have had an immediate and devastating economic impact on existing property owners and home sales within the affected areas; and WHEREAS the Town staff must be prepared to respond on the Town's behalf to federal, state, and local initiatives and actions relating to this FEMA re-mapping issue; and WHEREAS the Council finds that adoption of this resolution is in the best interest of the Town and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. The Town of Marana hereby requests FEMA to withdraw its September 17, 2007 draft "Pima County Levee Failure Analysis" floodplain maps for a reasonable period of time, not less than two years, to allow more detailed floodplain studies to be submitted concerning the affected areas. SECTION 2. The Town of Marana hereby commits funding sufficient to undertake a detailed floodplain analysis of the affected areas of the Town of Marana, and authorizes the Town Manager and staff to proceed immediately with procuring the professional services (00006667.DOC FJClcds 10122107 necessary to undertake the study and to do all other things necessary to complete the study as quickly as possible. SECTION 3. The Town Council hereby finds that the circumstances presented by FEMA's release of the September 17 draft gives rise to an emergency which requires immediate procurement of professional services to undertake the studies necessary to satisfy FEMA that the floodplains and flood hazards depicted on the September 17 draft maps are substantially overstated, and the Town Manager and staff are expressly authorized to use the emergency procurement process set forth in Town Code Section 3-4-4. SECTION 4. To the extent FEMA does not promptly fund the necessary studies, the Town Manager and staff are hereby directed to determine an appropriate vehicle or process for reimbursement to the Town of its costs of preparing the study authorized by this resolution, with the objective of having those who benefit from the revised floodplain analysis ultimately pay the cost of the necessary studies. SECTION 5. The Town Manager and staff are hereby authorized to undertake all other matters necessary or beneficial to determine the scientifically most accurate-possible floodplain maps of the affected areas and to respond on the Town's behalf to initiatives and actions presented by federal, state and local officials, as well as affected parties. SECTION 6. BE IT FURTHER RESOLVED THAT since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this resolution become immediately effective, an emergency is hereby declared to exist, and this resolution shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 6th day of November, 2007. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney {00006667.DOC -2- N TOWN COUNCIL TOWN OF MARANA 7 MEETING I M RANA 7 INFORMATION - 150 MEETING DATE: November 6, 2007 AGENDAITEM: J. 7 TO: MAYOR AND COUNCIL FROM: Frank Cassidy, Town Attorney SUBJECT: Resolution No. 2007-194: Relating to Public Works; authorizing Town of Marana participation in the settlement of a potential backfill soil claim for the Honea Heights Sewer Project in the amount of up to 50% of the ultimate award; authorizing the Mayor to send a letter on the Town's behalf regarding same; and declaring an emergency. DISCUSSION Pima County has managed and administered the Honea Heights Sewer Project, with funding from the U. S. Department of Agriculture rural development and the Town of Marana, to take the Honea Heights neighborhood off of septic systems and serve the area with sanitary sewers. Be- cause the sewer lines are located within the existing public street alignments, the specifications for the work included minimum requirements for the soil to be used as backfill. Prospective con- tractors were on notice when they bid the project that soil excavated from the sewer trenches might not meet the minimum backfill specifications, and that they would need to be prepared ei- ther to amend the removed soil before using it as backfill or to import soil for backfill. The sewer project has now gone through two general contractors and is not yet satisfactorily completed. In an effort to cooperate with Pima County to seek additional rural development funding to complete the project, Pima County is asking the Town of Marana for a commitment concerning its future participation in paying any ultimate contractor award resulting from a back- fill soil claim. The Town of Marana Public Works staff does not believe that a contractor would have a valid claim relating to the backfill soil since the soil requirements were clearly established in the original contract specifications. Nevertheless, Town staff agrees that if an ultimate award is made to a contractor relating to the backfill soil specifications and requirements, it would be appropriate for the Town of Marana to pay half of the ultimate award. With this item, Town staff is requesting the Council expressly to authorize the Town to pay half of an ultimate award relating to a contractor backfill soil claim, and to authorize the Mayor to send a letter to Pima County expressing this commitment. FINANCIAL IMPACT Public Works staff estimates that a total backfill soil claim could total as much as $712,000, making the Town of Marana half share about $356,000. tOO006705.DOCI) FJClcds 10125107 RECOMMENDATION Staff recommends adoption of Resolution No. 2007-194, authorizing Town of Marana participa- tion in the settlement of a potential backfill soil claim for the Honea. Heights Sewer Project in the amount of up to 50% of the ultimate award and the Mayor to send a letter on the Town's behalf regarding same. SUGGESTED MOTION I move to adopt Resolution No. 2007-194. (00006705.DOCI) FJClcds 10125107 MARANA RESOLUTION NO. 2007-194 RELATING TO PUBLIC WORKS; AUTHORIZING TOWN OF MARANA PARTICIPATION IN THE SETTLEMENT OF A POTENTIAL BACKFILL SOIL CLAIM FOR THE HONEA HEIGHTS SEWER PROJECT IN THE AMOUNT OF UP TO 50% OF THE ULTIMATE AWARD; AUTHORIZING THE MAYOR TO SEND A LETTER ON THE TOWN'S BEHALF REGARDING SAME; AND DECLARING AN EMERGENCY. WHEREAS Pima County has managed and administered the Honea Heights Sewer Project with funding from the U. S. Department of Agriculture and the Town of Marana; and WHEREAS because the sewer lines are located within the existing public street alignments; and WHEREAS the specifications for the work included minimum requirements for the soil to be used as backfill; and WHEREAS prospective contractors were notified when they bid the project that soil excavated from the sewer trenches might not meet minimum backfill specifications and that they would need to be prepared either to amend the removed soil before using it as backfill or to import soil for backfill; and WHEREAS the sewer project is not yet satisfactorily completed, and Pima County is asking the Town of Marana for a commitment concerning its future participation in paying any ultimate contractor award resulting from a backfill soil claim; and WHEREAS Town staff agrees that if an ultimate award is made to a contractor relating to the backfill soil specifications and requirements, it would be appropriate for the Town of Marana to pay half of any ultimate award. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION I The Town of Marana will participate in the settlement of a potential backfill soil claim in the amount of up to 50% of any ultimate award. SECTION 2. The Mayor is authorized to send a letter to Pima County on the Town's behalf, expressing the Town's commitment set forth in Section I above. SECTION 3. The Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks necessary to accomplish these authorizations. {00006707.DOC FJClcds 10125107 SECTION 4. Since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this resolution become immediately effective, an emergency is hereby declared to exist, and this resolution shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 6th day of November, 2007. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney {00006707.DOC /) FJClcds 10125107 -2-