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HomeMy WebLinkAbout10/19/2004 AMENDED Study Session Agenda Packet , TOWN OF MARANA, ARIZONA AGENDA AMENDED STUDY SESSION - 6:00 p.m. COUNCIL MEETING - 7:00 p.m. 13251 N. Lon Adams Road, October 19, 2004 /n 7r� m/6 Mayor Bobby Sutton, Jr.--e Vice Mayor Herb Kai Council Member Jim Blake N Council Member Patti Comerford Council Member Tim Escobedo Council Member Ed Honea Council Member Carol McGorray Town Manager Mike Reuwsaat Welcome to this Marana Council Meeting. Regular Council Meetings are usually held the first and third Tuesday of each month at 7:00 p.m. at the Marana Town Hall, although the date or time may change, or Special Meetings may be called at other times and /or places. Contact Town Hall or watch for posted agendas for other meetings. This agenda may be revised up to twenty -four hours prior to the meeting. In such a case a new agenda will be posted in place of this agenda. If you are interested in speaking to the Council during Petitions and Comments, Public Hearings, or other agenda items, you must fill out a speaker card (at the rear of the Council Chambers) and deliver it to the Clerk in advance of the agenda item you wish to address. It is up to the Mayor and Council whether individuals will be allowed to address the Council on issues other than Announcements, Petitions & Comments, and Public Hearings. All persons attending the Council Meeting, whether speaking to the Council or not, are expected to observe the Council Rules, as well as the rules of politeness, propriety, decorum and good conduct. Any person interfering with the meeting in any way, or acting rudely or loudly will be removed from the meeting and will not be allowed to return. To better serve the citizens of Marana and others attending our meetings, the Council Chamber is wheelchair and handicapped accessible. Any person who, by reason of any disability, is in need of special services as a result of their disability, such as assistive listening devices, agenda materials printed in Braille or large print, a signer for the hearing impaired, etc., will be accommodated. Such special services are available upon prior request, at least ten (10) working days prior to the Council Meeting. For a copy of this agenda or questions about the Council Meetings, special services, or procedures, please contact Jocelyn C. Bronson, Town Clerk, at 682 - 3401, Monday through Friday from 8 :00 a.m. to 5:00 p.m. ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA. Amended agenda items appear in italics. Posted no later than October 18, 2004 by 6:00 o'clock p.m., at the Marana Town Hall and at www.marana.com under Town Clerk, Minutes and Agendas. 1 TOWN OF MARANA, ARIZONA AGENDA AMENDED STUDY SESSION - 6 :00 p.m. COUNCIL MEETING 7 :00 p.m. 1 5251 N. Lon Adams Road October 19, 2004 Scanne STUDY SESSION I. CALL TO ORDER A. COUNCIL ACTION 1. Presentation: Rental fees and agreement for public use of mobile stage (Ron Smith) 2. Presentation: Agreement between Town of Marana and Western Heritage Committee (Ron Smith) 3. Discussion: Municipal Complex Dedication (Mike Reuwsaa) DINNER BREAK COUNCIL MEETING L CALL TO ORDER 11. PLEDGE OF ALLEGIANCE III. INVOCATION /MOMENT OF SILENCE IV. ROLL CALL V. APPROVAL OF AGENDA ( TI VI. ACCEPTANCE OF MINUTES Minutes of September 24, 2004 Council Retreat Minutes of October 4, 2004 Council Meeting Minutes of the October 4, 2004 Study Session VII. CALL TO THE PUBLIC — ANNOUNCEMENTS INTRODUCTIONS — UPCOMING EVENTS At this time, any member of the public is allowed to address the Town Council on any issue not already on tonight's agenda. The speaker may have up to three (3) minutes to speak. Any persons wishing to address the Council must complete a speaker card (located at the rear of the Council chambers) and deliver it to the Town Clerk prior to this agenda item being called. Pursuant to the Arizona Open Meeting Law, at the conclusion of Call to the Public, individual members of the Council may respond to criticism made by those who 2 y � - TOWN OF MARANA, ARIZONA AGENDA AMENDED STUDY SESSION - 6:00 p.m. COUNCIL MEETING - 7:00 p.m. 13251 N. Lon Adams Road _ 19, 2004 have addressed the Council, may ask staff t �r�)eew the matter, or may ask that the matter be placed on a future agenda. VIII. STAFF REPORTS IX. GENERAL ORDER OF BUSINESS A. CONSENT AGENDA The consent agenda contains agenda items requiring action by the Council which are generally routine items not requiring council discussion. A single motion will approve all items on the consent agenda, including any resolutions or ordinances. A Council Member may remove any issue from the consent agenda, and that issue will be discussed and voted upon separately, immediately following the consent agenda. 1. Resolution No. 2004 -145 Relating to subdivisions; approving a Final Plat for P C Garden Estates (formerly Estate Lots at Tortolita Preserve) (Barbara Berlin) B. COUNCIL ACTION 2. Resolution No. 2004 -141: Relating to Real Estate; authorizing the Town of Marana 'J� to enter into a purchase agreement with Aboud & Aboud Partnerhsip to purchase a lot for the Town of Marana HOME program (Dan Groseclose) 3. Ordinance No. 2004.20: Relating to Real Estate; approving an exchange of real property located east of the intersection of Cortaro and Silverbell Roads; authorizing the Mayor to execute an Aamendment to Real Estate Exchange and Development Agreement and any deeds and other documents necessary to accomplish the exchange; and declaring an emergency (Frank Cassidy) 4. Resolution No. 2004 -146 Relating to subdivisions; approving a Preliminary Plat for San Lucas Block 9 (Barbara Berlin) P � 5. Action /Direction: Habitat Conservation Plan (Mike Reuwsaat) 6. Adoption of 5 -Year Capital Improvement Program for Roads (Jim DeGrood) 1 C. MAYOR AND COUNCIL'S REPORT 3 TOWN OF MARANA, ARIZONA AGENDA AMENDED STUDY SESSION - 6:00 p.m. COUNCIL MEETING - 7:00 p.m. 13251 N. Lon Adams Road October 19, 2004 D. MANAGERS' REPORT X. FUTURE AGENDA ITEMS XI. ADJOURNMENT Bobby Sutton, Jr., Mayor 4 TOWN OF MARANA, ARIZONA AGENDA STUDY SESSION - 6:00 p.m. COUNCIL MEETING- 7:00 p.m. 13251 N. Lon Adams Road October 19, 2004 Mayor Vice Mayor Council Member Council Member Council Member Council Member Council Member Town Manager Bobby Sutton, Jr. Herb Kai Jim Blake Patti Comerford Tim Escobedo Ed Honea Carol McGorray Mike Reuwsaat Welcome to this Marana Council Meeting. Regular Council Meetings are usually held the first and third Tuesday of each month at 7:00 p.m. at the Marana Town Hall, although the date or time may change, or Special Meetings may be called at other times and/or places. Contact Town Hall or watch for posted agendas for other meetings. This agenda may be revised up to twenty-four hours prior to the meeting. In such a case a new agenda will be posted in place of this agenda. If you are interested in speaking to the Council during Petitions and Comments, Public Hearings, or other agenda items, you must fill out a speaker card (at the rear of the Council Chambers) and deliver it to the Clerk in advance of the agenda item you wish to address. It is up to the Mayor and Council whether individuals will be allowed to address the Council on issues other than Announcements, Petitions & Comments, and Public Hearings. All persons attending the Council Meeting, whether speaking to the Council or not, are expected to observe the Council Rules, as well as the rules of politeness, propriety, decorum and good conduct. Any person interfering with the meeting in any way, or acting rudely or loudly will be removed from the meeting and will not be allowed to return. To better serve the citizens of Marana and others attending our meetings, the Council Chamber is wheelchair and handicapped accessible. Any person who, by reason of any disability, is in need of special services as a result of their disability, such as assistive listening devices, agenda materials printed in Braille or large print, a signer for the hearing impaired, etc., will be accommodated. Such special services are available upon prior request, at least ten (10) working days prior to the Council Meeting. For a copy of this agenda or questions about the Council Meetings, special services, or procedures, please contact Jocelyn C. Bronson, Town Clerk, at 682-3401, Monday through Friday from 8:00 a.m. to 5:00 p.m. ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA. Amended agenda items appear in italics. Posted no later than October 15, 2004 by 6:00 o'clock p.m., at the Marana Town Hall and at www.marana.com under Town Clerk, Minutes and Agendas. TOWN OF MARANA, ARIZONA AGENDA STUDY SESSION - 6:00 p.m. COUNCIL MEETING- 7:00 p.m. 13251 N. Lon Adams Road October 19, 2004 STUDY SESSION I. CALL TO ORDER A. COUNCIL ACTION 1. DINNER BREAK Presentation: Rental fees and agreement for public use of mobile stage (Ron Smith) Presentation: Agreement between Town of Marana and Western Heritage Committee (Ron Smith) COUNCIL MEETING I. CALL TO ORDER ll. PLEDGE OF ALLEGIANCE lII. INVOCATION/MOMENT OF SILENCE IV. ROLL CALL V. APPROVAL OF AGENDA VI. ACCEPTANCE OF MINUTES Minutes of September 24, 2004 Council Retreat Minutes of October 4, 2004 Council Meeting Minutes of the October 4, 2004 Study Session VII. CALL TO THE PUBLIC ~ ANNOUNCEMENTS ~ INTRODUCTIONS ~ UPCOMING EVENTS At this time, any member of the public is allowed to address the Town Council on any issue not already on tonight's agenda. The speaker may have up to three (3) minutes to speak. Any persons wishing to address the Council must complete a speaker card (located at the rear of the Council chambers) and deliver it to the Town Clerk prior to this agenda item being called. Pursuant to the Arizona Open Meeting Law, at the conclusion of Call to the Public, individual members of the Council may respond to criticism made by those who have addressed the Council, may ask staff to review the matter, or may ask that the matter be placed on a future agenda. 2 TOWN OF MARANA, ARIZONA AGENDA STUDY SESSION - 6:00 p.m. COUNCIL MEETING - 7:00 p.m. 13251 N. Lon Adams Road October 19, 2004 VIII. IX. STAFF REPORTS GENERAL ORDER OF BUSINESS A. CONSENT AGENDA The consent agenda contains agenda items requiring action by the Council which are generally routine items not requiring council discussion. A single motion will approve all items on the consent agenda, including any resolutions or ordinances. A Council Member may remove any issue from the consent agenda, and that issue will be discussed and voted upon separately, immediately following the consent agenda. 1. Resolution No. 2004-145: Relating to subdivisions; approving a Final Plat for Garden Estates (formerly Estate Lots at Tortolita Preserve) (Barbara Berlin) B. COUNCIL ACTION e Resolution No. 2004-141: Relating to Real Estate; authorizing the Town of Marana to enter into a purchase agreement with Aboud & Aboud Partnerhsip to purchase a lot for the Town of Marana HOME program (Dan Groseclose) e Ordinance No. 2004.20: Relating to Real Estate; approving an exchange of real property located east of the intersection of Cortaro and Silverbell Roads; authorizing the Mayor to execute an Aamendment to Real Estate Exchange and Development Agreement and any deeds and other documents necessary to accomplish the exchange; and declaring an emergency (Frank Cassidy) 4. Resolution No. 2004-146: Relating to subdivisions; approving a Preliminary Plat for San Lucas Block 9 (Barbara Berlin) 5. Action/Direction: Habitat Conservation Plan (Mike Reuwsaat) 6. Adoption of 5-Year Capital Improvement Program for Roads (Jim DeGrood) C. MAYOR AND COUNCIL'S REPORT 3 TOWN OF MARANA, ARIZONA AGENDA STUDY SESSION - 6:00 p.m. COUNCIL MEETING - 7:00 p.m. 13251 N. Lon Adams Road October 19, 2004 D. MANAGERS' REPORT X. FUTURE AGENDA ITEMS XI. ADJOURNMENT Bobby Sutton, Jr., Mayor 4 TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: October 19, 2004 AGENDA ITEM: Study Session 1. TO: FROM: SUBJECT: MAYOR AND COUNCIL Ron Smith, Director, Parks and Recreation Department Presentation: Rental fees and agreement for public use of mobile stage DISCUSSION In 2001 the Town of Marana purchased a mobile stage for use at Town events at a cost of approximately $85,000. Since that time, many organizations and groups in the region have requested use of the mobile stage. The Town has accommodated these requests on a goodwill basis, including providing labor for setup and attendance at functions while the stage is in use. Staff believes that it is appropriate at this time to charge a rental fee to outside groups who desire to use the mobile stage. The attached form sets the rates and policies regarding the public use of the Town of Marana's mobile stage. Fees are set to cover costs of transporting and operating the mobile stage. Council approval is also required to take the stage outside of the Town limits. RECOMMENDATION SUGGESTED MOTION Mobile Stage Rental 10/13/2004/12:23 PM MARANA Town of Marana Parks and Recreation Department Mobile Stage Application The Mobile Stage can be booked for use within The Town of Marana. Groups wishing to use the stage outside the Town must submit a written request to the Parks and Recreation Department to be approved by the Town Council. DATE: NAME OF APPLICANT: DATE(S) NEEDED: ORGANIZATION: BILLING ADDRESS: Application must be received 30 days prior to event. HOME PHONE: HOURS: from to WORK PHONE: CITY: LOCATION OF EVENT: WILL YOU NEED ACCESS TO THE STAGE AFTER HOURS? (Hours of operation are from 8:00 a.m. - 10:00 p.m.) Y N IF SO PLEASE SPECIFY: STATE: ZIP: # OF PEOPLE IN EXPECTED: FEE SCHEDULE $250.00 Daily Stage Rental Two Day Rental $400.00 Generator Rental $175.00 ,.Stage Extensions $105.00 Personnel charge (must be present during operation) $26.00/hour Insurance - Liability coverage by renter naming Town of Marana $1 MIL Refundable Cleaning/Damage Deposit $500.00 Events outside the Town limits 0.50/mile+personnel cost RENTAL AGREEMENT This application shall constitute an indemnity to the Town from the applicant for any and all damages to the stage and equipment by any person or persons attending the event and all liability and damage to any person or persons for injuries, including death. Town of Marana Iogos on the interior of the open stage must be exposed at all times. No nails, screws, staples, paint duct tape or masking tape or any other damaging material may be attached to the interior or exterior surface of the mobile stage. The applicant does hereby agree to pay the Town within ten (10) days from the date of such use for any and all loss, breakage or need for repair of any equipment or portion of equipment. The burden of proof shall be upon the applicant to prove that any such damage was not caused by his organization, adhering to the Town of Marana's use requirements. The applicant agrees to pay the fees noted herein. The applicant further agrees to pay one-half the estimated rental fees plus the Cleaning and Damage Deposit not later than two weeks prior to the event. Certificates of insurance received must be provided to the Town at least two weeks prior to the event. All remaining fees shall be paid within ten day after the event. Upon payment of all fees, and provided no cleaning or damages have occurred, the applicant shall be refunded their cleaning and/or damage deposit. The Marana Parks and Recreation Department reserves the right to cancel this reservation prior to scheduled use due to unforeseen Town of Marana conflicts, etc. in which case applicant will be notified in advance and all pre-paid fees and deposits will be refunded. Cancellation by the applicant must be made to the Parks and Recreation Events Coordinator at least one week prior to the event to receive full refund of all deposits. Failure to notify Parks and Recreation one week prior to the event results in forfeiture of cleaning/damage deposit. Fees for stage use are non-refundable in the event of non-use or shorter duration. In the case that the event is cancelled due to inclement weather prior to the noted start time, only personnel costs shall be assessed. Mobile stage cannot be used in winds greater than 30 mph. Placement and location of the stage on the event site is the decision of the Parks and Recreation staff and is based on the physical and safety requirements of the mobile stage, spectators, and participants. ~Applicant's signature signifies that they accept all terms and conditions. I have read, understand and agree to abide by the Town of Marana requirements for use. Applicant's Signature Date: FOR OFFICE USE ONLY Fees and Charges TOTAL FEES: $ TOTAL DEPOSITS: $. TOTAL AMOUNT DUE AND PAYABLE TO THE TOWN OF MARANA: $ AMOUNT OF DEPOSIT RETURNED: $ DATE: TOWN AGENT SIGNATURE: RECEIPT #: DATE: TOWN COUNCIL ~' 7 MEETING TOWN OF NIARANA INFORMATION MEETING DATE: October 19, 2004 AGENDA ITEM: Study Session 2. TO: FROM: SUBJECT: MAYOR AND COUNCIL Ron Smith, Director, Parks and Recreation Department Presentation: Agreement between Town of Marana and Western Heritage Committee DISCUSSION The Western Heritage Committee uses the Town's Western Heritage Arena to hold equestrian events for the benefit of the community. Profits from the events sponsor the Marana Junior Rodeo, promote the equestrian lifestyle, and are used to improve the arena facility. This agreement is intended to formalize the relationship between the Western Heritage Committee and the Town of Marana Parks and Recreation Department. RECOMMENDATION SUGGESTED MOTION Western Heritage Arena 10/13/2004/12:24 PM COOPERATIVE UTILIZATION AGREEMENT AND LICENSE TOWN OF MARANA WESTERN HERITAGE ARENA This Agreement is made and entered into this , by and between the TOWN OF MARANA, a corporate body politic of the State of Arizona on behalf of the Town of Marana Parks and Recreation Department (hereinafter referred to as "TOWN") and THE WESTERN HERITAGE COMMITTEE (hereinafter referred to as "LICENSEE"). Purpose of Agreement and License - This Agreement is to provide LICENSEE the use of the following described premises, pursuant to A.R.S. §11-931, et seq., Town of Marana Western Heritage Arena located on Marana Unified School District Property at Postvale Road and the 1-10 Frontage (hereinafter referred to as "premises"). The Marana Unified School District has authorized this use, and this license is subject to their rights. 2. Term 2.1. The term of this Agreement shall be for the dates of the scheduled event listed on the accompanying Western Heritage Arena Reservation Application Form until June 30, 2005. The premises shall be available to the LICENSEE during the term of this Agreement as follows: Monday through Sunday from 6:00 a.m. to 12:00 a.m. 2.2. LICENSEE shall provide TOWN with a complete schedule of the event no less than two weeks prior to the beginning of the event. Any change in the schedule must be provided to TOWN as soon as they are made by LICENSEE. Fee - LICENSEE agrees to pay the Town 25% of its net profit resulting from events held at the Western Heritage Facility. Net profit shall be defined as all parking, admittance, and entry fees less prizes, contractor fees, and Town personnel fees. Youth events held by the Marana Junior Rodeo subcommittee shall be exempt from this fee. This fee shall be collected quarterly and is due at the Finance Department by the end of the last business day of the first week of each quarter. LICENSEE shall make available to TOWN all books, records, ledgers and statements pertaining to all event operations encompassed by this Agreement. LICENSEE shall maintain accurate records at all times and said records are deemed public records and shall be available for inspection at all times. A copy of the monthly report is to be provided to the TOWN on a monthly basis during the Term of this Agreement. 4. Arena Usage Conditions 4.1. Each event shall be scheduled with the Parks and Recreation Director or his/her designee using a Western Heritage Arena Reservation Application Form at least 30 days prior to event date. 4.2. All deliveries and contestants must enter the Western Heritage Arena facility at Postvale Road entrance only. Equestrian Center Contract.doc i 4.3. A representative of the LICENSEE must be available at all times during usage. 4.4. A letter of agreement between the LICENSEE and a local veterinarian for on call service during the times listed on the Western Heritage Arena Reservation Application Form must be made available to the Town prior to the event. 4.5. Injured animals shall be removed from the premises and placed under veterinary care immediately. 4.6. The LICENSEE shall be responsible for turning off lights at the end of each event. 4.7. The Town may need to periodically close the Western Heritage Arena facility for maintenance or repairs. The Town will attempt to notify LICENSEE in advance. 4.8. The Town maintains priority usage of the facility. The Town has final authority on determining use of the Western Heritage Arena Facility. Events scheduled by the Town supersede those of the Western Heritage Committee. 4.9. The facility is to be cleaned each night after completion of the day's event. If clean up is not satisfactory, the LICENSEE shall be charged for all costs related to clean up. 4.10. All persons using the facilities must exhibit appropriate conduct and language. 4.11. Damage should be reported to the TOWN no later than the close of the next business day. 4.12. Observance of park rules is required by all persons using these facilities, pursuant to Marana Town Ordinance 97.20. 4.13. Alcohol is not allowed on the Western Heritage Arena grounds. 4.14. The arena will be used in a safe manner that will not jeopardize the safety and welfare of park users, its equipment, or facilities. 4.15. Operation of Town motorized equipment is limited to properly licensed TOWN employees. A fee of $30.00 per hour (minimum 3 consecutive hours) shall be charged to cover personnel costs of TOWN employees operating equipment and assisting the LICENSEE. TOWN employees shall be scheduled for work prior to the event at the request of the LICENSEE. 4.16. The park closes at 12:00 midnight. 5. Concession LICENSEE may operate or contract the operation of concession facilities. LICENSEE shall make available to TOWN all books, records, ledgers and statements pertaining to all concession operations encompassed by this Agreement. Equestrian Center Contract.doc 2 LICENSEE shall maintain accurate records at all times and said records are deemed public records and shall be available for inspection at all times. A copy of the monthly report is to be provided to the TOWN on a monthly basis during the Term of this Agreement. LICENSEE is required to abide by all applicable Pima County Health Department Code requirements for concession operations. Non-Assignment This Agreement cannot be assigned by LICENSEE nor shall LICENSEE sublet the facility, or grant any license or concession in connection with the facility without prior consent and written approval of the TOWN. o Ownership -No permanent structure may be built by LICENSEE on the premises without prior written approval of the TOWN and any permanent structure built on the premises becomes the property of the TOWN without compensation to LICENSEE or its agent. 8. Staffing 8.1. Neither the LICENSEE or its managers, workers, subcontractors, volunteers, or agents, shall be entitled to receive compensation, whether in money or in kind, for their services unless prior written approval is received by LICENSEE from the TOWN. 8.2. Neither LICENSEE nor its managers, workers, subcontractors, volunteers, agents, or any entity engaged by LICENSEE shall be considered an employee of the TOWN, nor subject to the TOWN's Personnel Rules or Policies. If any TOWN employee is used by the LICENSEE during that employee's normal TOWN working hours, LICENSEE shall reimburse the TOWN for such employee's hourly wage and the standard overhead charge for such hourly wage rate. Repairs, Maintenance and Operation -LICENSEE shall not make any alterations, improvements, additions, or changes of any kind to the facilities or premises nor will LICENSEE relocate any personal property or equipment on the premises without prior written approval of the TOWN. Upon receipt of said written approval, all expenses incident thereto shall be paid by the LICENSEE. LICENSEE agrees to repair any and all damage to the facilities or premises caused, in whole or in part, by the LICENSEE, its managers, employees, subcontractors, agents, volunteers, participants or visitors. LICENSEE agrees to surrender the premises to the TOWN in as good a condition as when received, ordinary wear and tear or damage resulting from accidental fire or from causes beyond the reasonable control of the LICENSEE excepted. LICENSEE agrees that the personal property of the TOWN shall not be removed from the premises but shall be surrendered at the end of the term in good condition. LICENSEE agrees to remove all equipment and personal property belonging to LICENSEE at the end of the term without causing damage to the facilities or premises. Any damage to the facilities or premises resulting from said removal of LICENSEE's personal property or equipment shall be solely the responsibility of LICENSEE. LICENSEE shall immediately report to the TOWN any unsafe condition whether or not maintenance or repair is done to remedy the unsafe condition. Equestrian Center Contract.doc 3 10. Sanitation- LICENSEE shall be responsible for the cleanliness of the facilities and premises, including but not limited to the arena, spectator areas, parking lots, and surrounding areas when operated or used by LICENSEE. LICENSEE shall be responsible for trash, debris and litter removal generated as a result of LICENSEE's operations and LICENSEE shall be responsible for the placing and depositing of said trash, debris and litter in appropriate receptacles provided by TOWN for such use. Failure to abide by the terms of this section shall be grounds for immediate termination of this Agreement by the TOWN. 11. Inspection - TOWN shall have the right at all reasonable times to inspect the facilities and to require LICENSEE to correct any unsatisfactory conditions relative to the operation and maintenance of the facilities and premises in conformance with the provisions of this Agreement. LICENSEE will be provided with written notice of any defects or unsatisfactory conditions by the TOWN and will be given a reasonable time within which to correct same. 12. Indemnification - LICENSEE shall indemnify, defend and hold harmless the TOWN, its departments, officers, employees and agents from, for, and against any and all claims, suits, actions, legal proceedings, administrative proceedings, demands, losses or expenses, including reasonable attorney's fees, which are attributable to any negligent act or omission of LICENSEE, its employees, agents, subcontractors, volunteers or anyone acting under LICENSEE?s direction, control or on its behalf or anyone employed by them. 13. Insurance 13.1. LICENSEE shall maintain through the life of this Agreement, comprehensive, general, and commercial liability insurance in an amount no less than one million dollars ($1,000,000) combined single limit for bodily injury and property damage. Coverage is to include the premises and operations, independent contractors, products and contractual liability. LICENSEE shall maintain automobile insurance for owned, non-owned and hired vehicles in an amount no less than One Million Dollars ($1,000,000.00) combined single limit or One Million Dollars ($1,000,000,00) bodily injury and One Hundred Thousand Dollars ($100,000.00) property damage. 13.2. Equestrian Center Contract.doc TOWN shall be named as an additional insured on all said insurance certificates, policies, binders or agreements. All insurance certificates, policies, binders or agreements shall provide for a guaranteed minimum thirty (30) days notice of any cancellation, non-renewal or material change that could affect TOWN. Any language to the contrary or language that could modify these requirements shall be deleted from any said certificate, policy, binder or agreement. TOWN shall have the right at any time to review the form and amount of insurance coverage. If, in the opinion of the TOWN, the provisions of any said insurance certificate, policy, binder or agreement do not provide adequate coverage or protection for LICENSEE or TOWN, the TOWN shall require LICENSEE to obtain additional insurance coverage in a form and amount that, in the opinion of the TOWN, will provide such adequate protection. TOWN shall notify LICENSEE in writing of any changes in these insurance requirements. LICENSEE shall deposit copies of acceptable insurance 4 certificates, policies, binders or agreements with the TOWN within fifteen (15) days of execution of this Agreement. 14. Compliance with Laws - LICENSEE shall comply with all applicable federal, state and local laws, rules, regulations, standards and executive orders without limitation. 15. Liens - The LICENSEE shall not cause or permit any liens to be placed upon the premises. 16. Law to Govern - This Agreement will be governed by the laws of the State of Arizona, statutory and decisional, both as to interpretation and performance. All parties consent to personal jurisdiction in Arizona, and venue for any action to enforce this Agreement shall be in Tucson, Arizona. 17. Mediation - In the event there is a dispute between the parties arising from the interpretation or enforcement of this Agreement, the parties agree that they shall first attempt to resolve the dispute through mediation prior to filing a lawsuit. In the event arbitration fails to resolve the dispute and either party brings an action to interpret this Agreement or to enforce any right which such party may have hereunder, or in the event an appeal is taken from any judgment or decree of a trial court, the party ultimately prevailing in such action will be entitled to receive from the other party its costs and reasonable attorney's fees incurred, in an amount to be determined by the court in which such action is brought. 18. Severability - If any provision of this Agreement is declared illegal, void or unenforceable, the remaining provisions will not be affected and will remain in full force and effect. 19. Right to Require Performance - The failure of either party at any time to require performance by the other party of any provisions of this Agreement will in no way affect the right of that party thereafter to enforce the same. No waiver by either party of any breach of any of the provisions of this Agreement will be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any other provision. The acceptance by either party of any sum less than may be due and owing to it at any time shall not be construed as an accord and satisfaction of any amount outstanding. 20. Inclement Weather - During times of inclement weather (severe thunderstorms, lightning, saturated arena, etc.), the Parks and Recreation Director or his/her designated person, has the authority to close down the Western Heritage Arena facility. This action will be done for safety and field condition preservation purposes. It is understood that once a decision is made to close down the park/facility by the Parks and Recreation Director or his/her designated person, it is NOT to be challenged by the LICENSEE. 21. Headings - The headings used herein are for convenience only and are not to be construed as part of this Agreement. 22. Nondiscrimination - Neither LICENSEE nor TOWN will, in the performance of this Agreement, discriminate or knowingly permit discrimination against any person on account of race, sex, handicap, age, color, national origin, political or religious opinion or affiliation. Equestrian Center Contract.doc 5 23. No warranty - TOWN does not warrant its powers or right to enter into this Agreement and, if the same is destroyed or limited by court action initiated by any third party or third person, there shall be no liability of the TOWN to LICENSEE by reason of such action or by reason of this Agreement. 24. Conflict of Interest - This Agreement is subject to the provisions of A.R.S. § 38-511 relating to conflicts of interest. 25. Completeness of Agreement - This Agreement contains all the terms and conditions of the contract between the parties and any alterations or variations of the terms of this Agreement shall be invalid unless made in writing and signed by the parties to this Agreement. There are no other understandings, representations or agreements, written or oral, not incorporated herein. 26. Termination - If, in the judgment of the TOWN, LICENSEE does not perform in accordance with the conditions of this Agreement or if LICENSEE is in default of any provision of this Agreement, TOWN shall give LICENSEE written notice specifying the nature of the nonperformance or default. If, after receipt of such written notice, LICENSEE fails to diligently pursue rectification or correction of said nonperformance or breach, TOWN may terminate this Agreement or refuse further agreements by giving thirty (30) days written notice prior to the effective date of termination. 27. Notices - Any notice of communication required or permitted to be given pursuant to this Agreement shall be given in writing and shall be served by registered or certified United States mail upon either party. When served by registered mail, service shall be deemed conclusively made forty-eight (48) hours after posting same in the United States mail, postage prepaid, addressed to the party to whom such notice is to be given as hereinafter provided. To Town: Parks and Recreation Department Ron Smith, Director TOWN OF MARANA 13251 North Lon Adams Road Marana, Arizona 85653 With a COPY to: Town Attomey Frank Cassidy TOWN OF MARANA 13251 N. Lon Adams Road Marana, Arizona 85653 To LICENSEE: IN WITNESS WHEREOF, the parties have executed this Agreement at Marana, Arizona on the day and year first above written. Equestrian Center Contract.doc 6 LICENSEE TOWN OF MARANA By: Representative By: Mayor Town of Marana State of Arizona Approved as to form By: Mamna Town Attorney Equestrian Center Contract.doc 7 MARANA TOWN OF MARANA Town of Marana Parks and Recreation Department Equestrian Center Application DATE(S) NEEDED: HOURS: from to NAME OF APPLICANT: HOME PHONE: ORGANIZATION: WORK PHONE: BILLING ADDRESS: CITY: TYPE OF EVENT: WILL YOU NEED ACCESS TO THE FACILITY AFTER HOURS? (Hours of operation are from 7:00 a.m. - 10:00 p.m.) Y N IF SO PLEASE SPECIFY: STATE: ZIP: # OF PEOPLE IN ATTENDANCE: FEE SCHEDULE (Includes preparation of arena surface) $250.00 Refundable Cleaning Deposit $45.00 per Hour (3 hour minimum) $1 MIL Insurance - Liability coverage by renter naming Town of Marana as additionally insured. $500.00 per Day $750.00 per 2 Consecutive Days AN ORGANIZATION REPRESENTATIVE MUST AT THE SITE AT ALL TIMES! ROUGH STOCK EVENTS ARE NOT ALLOWED AT THE WESTERN HERITAGE ARENA This permit shall also constitute an indemnity to the town from the applicant for any and all damage to the facility/stage by any person or persons attending the affair and all liability and damage to any person or persons for injuries, including death. The applicant does hereby agree to pay the Town within ten (10) days from the date of such use for any and all loss, breakage or need for repair of any equipment or portion of equipment. The burden of proof shall be upon the applicant to prove that any such damage was not caused by his/her organization, adhering to the Town of Marana's use requirements. The applicant does further agree to pay prior to such usage the cost figures adopted by the Town Council pertaining to this permit. The Marana Parks and Recreation Department reserves the ~ight to cancel this reservation prior to scheduled use due to unforeseen Town of Marana conflicts, etc. in which case applicant will be notified in advance and all pre-paid fees and deposits will be refunded. Fees for Equestrian Center facility use are non-refundable in the event of non-use or shorter duration. However, DEPOSITS are refundable. Applicant's signature signifies that they accept all ~erms and conditions. i have read, understand and agree to abide by the Town of Marana requirements for use. Applicant's Signature Date: FOR OFFICE USE ONLY Fees and Charges TOTAL DEPOSITS: $. TOTAL FEES: $ TOTAL AMOUNT DUE AND PAYABLE TO THE TOWN OF MARANA: $ AMOUNT OF DEPOSIT RETURNED: $. DATE: TOWN AGENT SIGNATURE: RECEIPT #: DATE: FOUNDERS' DAY March 18 thru 20, 2005 *Need theme (Heritage & Culture) bringing the old & new together *Fireworks or balloon release *How long should building be open after dedication? Or do we want to hold the dedication in Court Yard? *Breakfast would be held in Court Yard at new Complex *Rotary will be handling the breakfast Scenario #1 Council to determine time 8:00 am — VIP Breakfast * After breakfast, VIP's would go to their vehicles which would be parked in turn -style and driven to parade. 9:30 am — Parade * VIP's will return to new Complex for dedication 11:00 am - Dedication — Council to dedicate Complex in Lobby. 1:00 pm - Activities at Park 2:30 pm - Mayor to Welcome Rodeo Audience & Participants Dusk - Fireworks Scenario #2 Council to determine times 8:00 am - Dedicate Complex — VIP Breakfast * Dedicate Complex * VIP Breakfast to follow in court yard 10:00 am — Parade * VIP's would go to waiting vehicles at the turn -style and driven to parade. *After Parade the VIP's would return to Complex 1:00 pm — Activities at Park 2:30 pm — Mayor to Welcome Rodeo Audience & Participants Dusk - Fireworks MINUTES OF STUDY SESSION REGARDING INSTITUTE FOR GLOBAL PHARMACEUTICAL DEVELOPMENT AND THE TOWN COUNCIL HANDBOOK MARANA TOWN HALL OCTOBER 4, 2004 PLACE AND DATE Marana Town Hall, October 4, 2004 CALL TO ORDER By Mayor Sutton at 5:35 p.m. The Mayor announced that Vice Mayor Kai and Council Member Comerford would be arriving late. He added that the meeting would begin with Item #2 regarding the Council Handbook. II. GENERAL ORDER OF BUSINESS 2. Presentation: Council Handbook Ms. Bronson addressed the Council and explained that the draft handbook distributed to the Council had been modeled after a City of Flagstaff example provided to the Arizona Municipal Clerks' Association. She said that she envisioned the completed handbook to be a compilation of the Town Code, the Land Development Code, personnel policies, and various Town procedures that might be of value to a Council member when dealing with inquiries from Marana residents or other interested parties. Ms. Bronson asked that the Council members study the table of contents for items they wished to include in Marana's version and said that, if the Council was interested in this project, she anticipated having a completed handbook ready by March 2005. Council Member Honea asked if the example had been taken solely from the City of Flagstaff's handbook. Ms. Bronson replied yes and that she had not made many changes to the example. She pointed out that the City of Flagstaff was a charter city while Marana was not and explained that there would be inconsistencies between the two jurisdictions. Mayor Sutton remarked for the record that Council Member Comerford and Vice Mayor Kai had arrived at the meeting. The time was 5:40 p.m. The Mayor commented that the handbook was a valuable project and that something of this nature was needed. The Town Clerk concluded her presentation by stating her appreciation of the Mayor's direction and inviting the Council members to participate in the formation of the handbook. She pointed out that the manual could become a useful tool for Town staff as well. MINUTES OF STUDY SESSION REGARDING INSTITUTE FOR GLOBAL PHARMACEUTICAL DEVELOPMENT AND THE TOWN COUNCIL HANDBOOK MARANA TOWN HALL OCTOBER 4, 2004 1. Presentation: Institute for Global Pharmaceutical Development Mr. Reuwsaat conducted the next portion of the study session. He said that the proposal for the Institute for Global Pharmaceutical Development (IGPD) was a three-way partnership between the University of Arizona (UA), the SRI International (formerly known as the Stanford Research Institute), and the United States Food and Drug Administration (FDA). He asked for the Council's direction on this matter and provided them with a letter of support from the Pima County Administrator, Chuck Huckelberry, stating the County's willingness to contribute $375,000 annually for five years toward this project. The letter, which contained eight conditions for approval, has been made a permanent part of this record. He introduced Dr. Raymond Woosley, Vice President for UA Health Sciences, to the Council and explained that Dr. Woosley would continue the study session with a slide presentation. A copy of the slide presentation has also been made a permanent part of this record. Dr. Woosley outlined the project's background. He distributed an informational folder containing a white paper titled Innovation or Stagnation?, authored by the FDA. The folder also contained a fact sheet about the IGPD and a draft proposal for it's creation. These materials have been made a permanent part of the record. He pointed out that one of the biggest concerns facing the nation was the rising costs of medications and health care coverage. He said that the pharmaceutical industry was one of the major industries in the United States and that this country led the world in providing new medications. He explained that the FDA approval process was where the largest delays occurred in the development of new drugs and that the FDA recognized this problem so cut the review timeframe from two years to one year. He noted that, even though the National Institutes of Health Sciences' budget doubled last year for research and development of new medical therapies, the medical product development process was not keeping pace with basic scientific innovation. He related that the average drug approved today was estimated at a $1.7B cost with an average of 10 to 12 years in the approval cycle. He said that the increase in the development time was because of the clinical development cycle. He explained that a U.S. patent for a drug lasted 17 years and was issued at the beginning of the drug study. He pointed out that this timeframe left only two to five years for drug companies to recoup the initial $1.7B investment plus any profits. He cited the fast track approach that was used with the development of various AIDS drug and used this process as an example that the development phase did not have to take so many years. MINUTES OF STUDY SESSION REGARDING INSTITUTE FOR GLOBAL PHARMACEUTICAL DEVELOPMENT AND THE TOWN COUNCIL HANDBOOK MARANA TOWN HALL OCTOBER 4, 2004 Dr. Woolsey continued by giving a brief synopsis of the proposal for the creation of the Institute for Global Pharmaceutical Development in Tucson. He said that the IGPD would focus on streamlining drug development in order to provide better, less expense drugs. Mayor Sutton inquired about the difference in the drug costs after the development phase was reduced to a three year turnaround. Dr. Woolsey replied that it was difficult to estimate because of the differences in the various drugs being developed but that data indicated the results were equal. He said that if the development time was cut in half then the cost was estimated to be cut in half as well. Mayor Sutton commented that he was initially concerned that the drug companies would be tied to the process and he was relieved to find that this proposal was in neutral ground with the FDA onboard. He said that patients would obviously benefit by receiving critical drugs earlier and possibly survive serious illnesses. He asked about the funding process and noted that it was risky relying on the federal government for project funding. Dr. Woolsey said that he agreed with the Mayor and that the problem was if monies were accepted from private drug companies then the FDA had to leave the process. He commented that all of the players involved in this proposal wanted to create an independent organization with federal funding. He noted that, once established, he believed that the IGPD would be able to receive "no- strings attached" endowments from the drug industry. Mayor Sutton stated that he did not want to see this project manipulated and that he was behind the effort to bring the Institute to the area. Dr. Woolsey pointed out that the IGPD would not be developing any drugs itself but would be developing the process that would allow other entities to speed up the development pace overall. He said that this proposed project would be a partnership with the FDA to develop the tools for drug development. Council Member Escobedo inquired if there were commitments from other jurisdictions and entities besides Pima County. MINUTES OF STUDY SESSION REGARDING INSTITUTE FOR GLOBAL PHARMACEUTICAL DEVELOPMENT AND THE TOWN COUNCIL HANDBOOK MARANA TOWN HALL OCTOBER 4, 2004 Dr. Woolsey replied that, at this time, he was asking for commitments not checks or money. He said that the group was seeking support so that when negotiations began with the three partners to develop a business plan then they could come back to the community supporters for the critical core funding. He said that over the next three months a work plan and business plan would be developed. He said that after this task was accomplished then the partnership would go back to those who had indicated that they would entertain a request for funding and get checks after incorporation of the nonprofit organization in January 2005. He noted that there were nineteen entities interested in contributing to this effort including four families, all wishing to remain anonymous, who have committed $100,000 for five years. He said that the City of Tucson and Pima County had both committed $375,000 per year, with the Greater Tucson Realty and the Multi-Listing Service partnering on a commitment of $100,000 per year. He continued by saying that the new car dealerships in the metropolitan Tucson area pledged to give $50,000 for five years. He noted that the nineteen different organizations all had the understanding that the plans were not completed at this time. He promised that this information would be provided .prior to asking for checks and that a 501(C)(3) nonprofit organization would be in place for tax deductions. He said that there would be open books and that everyone involved would be able to see the plan and the operations. He added that there would be a Board of Directors made up of community members so that there would be accountability and a voice in how the Institute was operated. Council Member Escobedo asked about employment opportunities that the Institute for Global Pharmaceutical Development would bring to the area. Dr. Woolsey answered that an estimate of 60 to 80 positions would be created and that the work plan would define those positions more concretely. He said that the general consensus was that the IGPD's work would bring in millions of dollars in related work for the University of Arizona and that the community would benefit from the other jobs created as a spin off from this effort. He said that although it could not be promised it was also widely believed that the pharmaceutical industry would want to be located nearby in southern Arizona as well. He reported that SRI had said that if this Institute was created in Arizona that they would like to put their drug development programs here, too. MINUTES OF STUDY SESSION REGARDING INSTITUTE FOR GLOBAL PHARMACEUTICAL DEVELOPMENT AND THE TOWN COUNCIL HANDBOOK MARANA TOWN HALL OCTOBER 4, 2004 Dr. Woolsey said that the group had met with Governor Napolitano this morning and that she had expressed strong interest in the long term plan of these buildings being built by the State on a pay back plan where the State would get its money back but they would also be investing in creating the bricks and mortar for the IGPD. He said that with the availability of surrounding open properties then there would be other companies wanting close proximity to that environment. He related that this would create high paying jobs and a clean knowledge-based economy, mainly a think tank where various people were brought together to analyze data and make decisions about how better to develop drugs. Council Member Escobedo asked about the October 1St deadline and if this had been extended. Dr. Woolsey said that a meeting had been held with the presidents of SRI and UA as well as the Deputy Commissioner of the FDA last Saturday night and that a decision to go forward was made even lacking the full funding at this time. He said that there was no official commitment from the City of Tucson or from Pima County but that the leaders of the two jurisdictions had voiced their interest and plans to take the proposal before their Supervisors and Council members. He remarked that the UA and the other partners were planning to go ahead and develop a business plan based on the level of support they had received so far. He added that they were eager to continue to get commitments of support because it was not all locked up. $1.5M per year is a minimum budget. They think this is credible and it will be a good startup. Mayor Sutton asked if Marana was on the list for the location of the institute. Dr. Woolsey replied that Southern Arizona was definitely on the list and the location would be somewhere near the university not at the tech park. The board would look at the various potential sites. Want to be close to the university because of the science, close to the interstate and airport, and other criteria that would be established. He said that when the science spins out of that environment that this will spill over into Marana in terms of residences for the job force, etc. Mayor Sutton commented that if Dr. Likins wants to move the UA out to Marana that the Town had "all that other stuff!" MINUTES OF STUDY SESSION REGARDING INSTITUTE FOR GLOBAL PHARMACEUTICAL DEVELOPMENT AND THE TOWN COUNCIL HANDBOOK MARANA TOWN HALL OCTOBER 4, 2004 Council Member McGorray remarked that, as everyone knew, her son was a quadriplegic, and when he was injured and helicoptered in to UMC, Dr. Hamilton tried very hard to obtain a drug that was legal in Italy and it could not be brought into the US. She emphasized that it was vital to speed up the process of drug development and availabity. Mr. Reuwsaat said that the community was coming together on this effort and that the direct benefit to Marana would be home ownership, employment, and secondarily, the spin off job development stand point would locate close to our airport and close to the interstate as this is where the Town was setting up for industry development. He recommended that a range of $10,000 to $25,000 per year for five years be considered for next year's budget. He said that the Town would continue to work with Pima County and others such as Oro Valley to see what they are doing. He said that the county was asking for a fifteen year stay, disclosure of all information, confirmation of viability. He said that it was hoped that like the optics cluster that perhaps Marana could be a place for the pharmaceutical cluster. Council Member Escobedo said that he would like to see the business plan and make the commitment to go forward at that point. Mr. Reuwsaat said that, at the Council's pleasure and with their direction, he could develop a letter similar to the County's and have this proposed monetary commitment considered in next year's fiscal budget. Dr. Woolsey said that once the work plan and the business plan were developed then the group could present the stakeholders with an economic impact prediction. He said that was the intent. Mayor Sutton asked if there was any opposition to the Town Manager's suggestion for commitment. There was none. Mr. Woolsey introduced three representatives of the Greater Tucson Economic Council (GTEC) who had accompanied him to the study session. This group included Colleen Mathis, the Director of Corporate Services, Kym Adair, the Manager of Investor Relations, and Steven Kelley, the Vice President of Marketing and Corporate Relations. He said that GTEC had been outstanding in their support of this effort. He commented that the GTEC Board of Directors' Chair, Francie Merryman, had been especially helpful in getting the accurate word out about this opportunity. MINUTES OF STUDY SESSION REGARDING INSTITUTE FOR GLOBAL PHARMACEUTICAL DEVELOPMENT AND THE TOWN COUNCIL HANDBOOK MARANA TOWN HALL OCTOBER 4, 2004 Mr. Reuwsaat mentioned that Dr. Woolsey was fairly famous and well known in his own right and that this fact played into the equation of the location for the institute. XI. ADJOURNMENT Upon motion by Council Member Escobedo, seconded by Council Member Blake, the study session was adjourned at 6:27 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council study session held on October 4, 2004. I further certify that a quorum was present. Jocelyn Bronson, Town Clerk MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL OCTOBER 4, 2004 II. III. PLACE AND DATE Marana Town Hall, October 4, 2004 CALL TO ORDER By Mayor Sutton at 7:00 p.m. PLEDGE OF ALLEGIANCE Led by Mayor Sutton INVOCATION/MOMENT OF SILENCE A moment of silence was observed. IV. Me VI. ROLL CALL COUNCIL Bobby Sutton, Jr. Mayor Present Herb Kai Vice Mayor Present Jim Blake Council Member Present Patti Comerford Council Member Present Tim Escobedo Council Member Present Ed Honea Council Member Present Carol McGorray Council Member Present STAFF Mike Reuwsaat Town Manager Present Jaret Barr Assistant Town Manager Present Frank Cassidy Town Attorney Present Jocelyn Bronson Town Clerk Present Jim DeGrood Executive Asst. to the Town Manager Present Attached is a list of public attendees. APPROVAL OF AGENDA Upon motion by Council Member Escobedo, seconded by Council Member Honea, unanimous approval of the agenda was given. ACCEPTANCE OF MINUTES Upon motion by Council Member McGorray, seconded by Vice Mayor Kai, the September 8, 2004 Council meeting minutes and the September 16, 2004 Study Session minutes were both unanimously approved. MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL OCTOBER 4, 2004 VII. CALL TO THE PUBLIC/ANNOUNCEMENTS Mayor Sutton drew the Council members and public's attention to an award displayed atop the Town Council dais. He explained that it was the Pat Summerall Productions' Champions of Industry 300 Award that the Town of Marana received in 2003. The Mayor said that the award was for being the "Best-Managed City" in the 100,000 population or less category. Mr. Reuwsaat showcased a 3-foot mosaic tiled replica of the Marana Town Emblem that would become a wall hanging behind the judge's bench in the Marana Municipal Court. He explained that the artwork was created by To-Re6 Nee Kaiser, a well-known regional public arts artist, and said that another 4-foot mosaic of the Town's emblem would also be hung on the wall behind the Council dais. He mentioned that a third ten-foot tile work of the emblem would be inset in the floor of the complex foyer. He commented that the artist would be arriving at the meeting shortly. Tim Adams, President of Miracle in Marana, Inc., addressed the Council regarding his organization. He provided a short history of the group and related several stories of past holiday events held at the Marana High School on Emigh Road over the last three years. He explained that the event was moving to the Ora Mae Harn District Park this year because of safety reasons and better logistics for the anticipated crowds. He recounted that Miracle in Marana had distributed donated toys to over 6,000 area children and had provided food to between 12,000-15,000 families. He thanked the Marana community for its generosity and noted that plenty could be accomplished with community giving and participation. He invited the Council members to the celebration. A copy of the distributed informational packet and brochure has been made a part of the record. Council Member Escobedo explained that he and Council Member McGorray had been participating in the Miracle in Marana events for the three years that they had been held in Marana. He praised Mr. Adams for the hard work it entailed to provide so much for the children and for the community at large. Sandy Groseclose, Executive Director of the Marana Arts Council (MAC), spoke before the Council. Two informational handouts, a quarterly report and an event and project update, were distributed and have been made a permanent part of the record. She reported on two grants that MAC was hoping to receive. She said that one grant through United Way would support the Senior Volunteer Program which provided arts training including special events, lectures, workshops, field trips and gallery exhibits enabling the volunteers to be better informed for the visiting public. MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL OCTOBER 4, 2004 The second grant application to Honeywell would support the Parent & Youth - Art and Cultural Discovery program. This program focuses on bringing the parent and guardian together with the youth to discover the cultures of the Marana area. Ms. Groseclose reported that a MAC newsletter, scheduled to publish within the next few days would feature current arts events as well as a local artist each edition. She said that MAC had been awarded a $6,000 grant through the Arizona Commission on the Arts to provide funding for a part-time office assistant. She then introduced Mary Stahl, a Continental Ranch resident, and informed them of Ms. Stahl's active volunteerism within the Marana community. Ms. Stahl addressed the Council and thanked them for the Town's strong support of the Marana Arts Council over the past four years. She noted that she was especially excited about the Town's renovation of the Heritage House which will be utilized by MAC as office and classroom space as well as gallery space. She concluded by saying how proud she was of the Council's vision and leadership. Candace Greenburg, MAC Vice President, spoke about the Marana Arts Council's Artists' Calendar project. She distributed the 2005 calendars to Council members and staff and explained that the turnout from the Call to Artists for this project had been phenomenal, producing a number of local and regional artist anxious to participate in the organization's first annual calendar effort. She reported that the calendar would be officially unveiled at a wine and cheese social scheduled for October 15th at the Heritage Highlands Clubhouse from 4:30 to 7:00 p.m. She noted that most of the featured artists would be in attendance in order to meet the guests and to sign the calendars. She invited everyone to attend. Ms. Greenburg continued by explaining a new regional arts project, Luminarias del Pueblo, involving unique, artist-created sculptures at least 6 feet in height or length made luminous through solar power. She noted that the project was similar to the 2002-2004's successful Ponies del Pueblo which raised over $400,000 for local nonprofits. The sculptures will be auctioned in April 2005 with 70% of the proceeds benefiting the nonprofit organizations. Mr. Reuwsaat introduced To-Re6 Nee Kaiser, the ceramic artist involved in the Marana Municipal Complex project. He said that Ms. Kaiser had also been selected to produce the artworks featured along Silverbell Road between Ina and Cortaro Roads. He noted that even though that project involved different mediums, both projects involved plenty of tedious glass work. Ms. Kaiser addressed the Council. She said that the same company that made the glass mosaic was the same one responsible for the production of glassworks by Dale Chihuly showcased at the Bellagio Resort in Las Vegas, Nevada. She MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL OCTOBER 4, 2004 acknowledged that glass was a challenging medium to work in because all of the glass had to be hand-snipped. She said vibrant colors were chosen for all of the emblem replicas. She expressed her pleasure in working with the Town and she thanked everyone for the opportunity. VIII. STAFF REPORTS There were no questions regarding the staff reports. IX. GENERAL ORDER OF BUSINESS A. CONSENT AGENDA Resolution No. 2004-142: Relating to liquor licenses; consideration of recommendation to the Arizona Department of Liquor Licenses & Control for a new No. 06 Bar liquor license submitted by The Gallery golf Club, located at 14000 N. Dove Mountain Boulevard. (Jocelyn Bronson) 2. Resolution No. 2004-145: Relating to subdivisions; approving a Final Plat for The Gallery Parcel 3 resubdivision (Barbara Berlin) Upon motion by Council Member Escobedo, seconded by Council Member McGorray, the consent agenda was unanimously approved. B. COUNCIL ACTION Resolution No. 2004-140: Relating to economic development; approving and authorizing the Mayor to execute an agreement with the Greater Tucson Economic Council. (Frank Cassidy) Mr. Reuwsaat presented this item and explained that the proposed resolution authorized an agreement with the Greater Tucson Economic Council (GTEC), providing $5,000 of Town funding for fiscal year 2004- 2005. He said that this action was discussed and approved during the budget process earlier in the year. He related that the Town's funding had historically been at a higher level but that the interaction between the two entities was being evaluated at this time. He said that with the recent proposal for the Institute for Global Pharmaceutical Development and the industrial development around the Marana Regional Airport including the railroad spur and commercial development along 1-10, the Town's relationship with GTEC had been significantly bolstered. e ge e MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL OCTOBER 4, 2004 Upon motion by Council Member Blake, seconded by Council Member McGorray, Resolution No. 2004-140 was unanimously approved. Resolution No. 2004-137: Relating to land development; approving and authorizing the Mayor to execute the First Amendment to the San Lucas Development Agreement between the Town of Marana and BCIF Group, L.L.C.; and declaring an emergency (Frank Cassidy) Mr. DeGrood spoke before the Council regarding this item. He gave a brief history of the San Lucas development project and said that this action was in response to consideration of subsequent conditions raised and levied by the Arizona Department of Trankportation in relation to the Interstate Interchange improvements. He explained that the agreement's amendment committed the developer to widening of the westbound Interstate 10 off ramp to two lanes, to re-striping of the Marana Interchange underpass, and to voluntarily contributing $700 per new residential dwelling unit toward future Marana Interchange improvements. Upon motion by Council Member Escobedo, seconded by Council Member Honea, Resolution No. 2004-137 was unanimously approved. Resolution No. 2004-143: Relating to personnel; authorizing the salary equivalency and the number of authorized positions for volunteer reserve police officers and citizen police department volunteers and declaring an emergency (Jane Howell) Mr. Reuwsaat spoke about this item and said that it was basically a housekeeping matter. He said that, due to the recruitment success associated with the Marana Police department's Volunteers in Police Service (VIPS) program, the amount of workers' compensation insurance coverage needed to be increased. He noted that the increased policy would cover a maximum of 10 reserve officers and 250 citizen volunteers at a salary equivalency of $18.14. Mayor Sutton commented that the impressive success of the VIPS program would bring recognition to the Town and to the police department. Upon motion by Vice Mayor Kai, seconded by Council Member McGorray, Resolution 2004-143 was unanimously approved. Request for support for Metropolitan Education Commission's efforts to ensure adequate infrastructure for education (Jim DeGrood) MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL OCTOBER 4, 2004 Mr. DeGrood presented this item before the Council. He explained that there was a trend where new schools throughout the region were being constructed without the necessary supporting infrastructure. He sited several examples where high schools were being developed a long distance away from paved roadways. He noted that under the State's current school financing program, it was encouraged to acquire property that was distant from infrastructure leaving local governments and school districts bearing the cost of developing the necessary infrastructure. He said that Marana was fortunate that this situation had not occurred locally and that the Town enjoyed an excellent relationship with the Marana Unified School District (MUSD). He stated that the Metropolitan Education Commission (MEC) had formed an ad-hoc committee to review development policies relating to new school construction. Mr. DeGrood reported that, while attending one of the MEC meetings, he had distributed a list of voluntary contributions provided to MUSD by Marana area developers. He stated that the other school district attendees were stunned and somewhat jealous of the amenities MUSD received. He cited examples such as there being over 5,500 lots in northern Marana with development agreements in place establishing voluntary school contributions of at least $1,200 per unit or their equivalency in land contributions for new schools. He said that this was a true credit to this community and that the Town needed to work with the other districts and agencies to develop a uniform, level playing field for new development and their associated school districts. He recommended that support be given to the formation of the MEC's ad-hoc committee for school infrastructure. Upon motion by Council Member Blake, seconded by Council Member Honea, support for the Metropolitan Education Commission's formation of an ad-hoc committee to develop policies and procedures to ensure adequate infrastructure is created to support new schools being developed was unanimously approved. C. MAYOR AND COUNCIL'S REPORT Mayor Sutton commended the senior staff for the success of the recently held Town Council retreat. He said that plenty of hard work had gone into that effort held at the Lazy K Bar Ranch. He commented that he was very impressed by the interaction at the retreat and noted that, even though he may disagree with opinions now and then, the Council as a whole had similar visions. He voiced his pride in being a part of the current Council and being able to assist in building Marana's future. Xe XI. De MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL OCTOBER 4, 2004 MANAGERS' REPORT Mr. Reuwsaat reported that he would be out of town on Friday, Saturday, and Sunday but could be reached by cell phone. He said that he was taking his mother-in-law to the annual Hot Air Balloon Festival in Albuquerque, New Mexico, for her 81st birthday. He remarked that she wanted to ride in a balloon for her birthday gift. He asked that another study session be scheduled on October 12th in order to present an overview of the Habitat Conservation Plan (HCP). He said that he would like to bring the HCP topic back before Council during the regular meeting on October 19th. Mr. Reuwsaat added that a second topic for the study session would be an overview of the development activities from a commercial and residential standpoint. He expressed his appreciation of the Council's leadership and thanked them for their work during the retreat. He said that he had never been associated with a body that could accomplish so much serious work with a positive consensus to move forward. FUTURE AGENDA ITEMS There were no items suggested for future agendas. ADJOURNMENT Upon motion by Council Member Escobedo, seconded by Council Member McGorray, unanimous approval to adjourn was given. The time was 7:40 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council study session held on October 4, 2004. I further certify that a quorum was present. Jocelyn Bronson, Town Clerk STAFF REPORTS TO COUNCI'L Building Parks &. Rec Town Clerk Planning Court Police Finance Public Works Human Resources Water IVlarana Chamber of Commerce PUBLIC WORKS STAFF REPORT Capital Improvement Projects following are capital improvement projects in design. Ina Road Roadway Improvements 1-10 to Silverbell Road This project consists of roadway improvements including design and reconstruction to widen to four lanes with multiuse lanes, median island, curb, curb and gutter and sidewalk installation, drainage improvements, landscaping, signal modifications, artwork and street lighting~ Project is 1.1 miles in length. Estimated Construction Time: To be determined Ina Road Brid.qe Improvements-Brid,qe over the Santa Cruz River This project consists of constructing a new bridge over the Santa Cruz River south of the existing bridge. Construction will also include rehabilitating the existing Grade Control Structure, extending the soil cement/ concrete floor protection to include the new bridge, reconstructing the soil cement bank protection on the east and west side of the Santa Cruz River. The reconstruction of the bank protection will include provisions for a pedestrian path. Status: 404 Permit application has been submitted. First year of Pygmy Owl Survey has been completed. The Traffic Impact Analysis, Phase I Environmental Site Assessment, Archaeology, the amended Bridge Inspection, Bridge Stability Analysis, Grade Control Stability Analysis, Bridge Selection, Location and Geotechnical (for Traffic Signals) reports are complete and have been accepted; NPPO Plan has been accepted and Draft Access Management Report is on hold at this point in time. Access Management acceptance letters have been received by the Consultant from the abutting property owners. The Town had submitted 75% Improvement Plan comments to the Consultant in December of 2003. Revisions have been submitted to the Town, and the )lans have been shelved. Estimated Construction Time: To be determined Status: The bridge Improvement Plans, DCR, Bridge Selection Report, Bridge Stability Analysis and the amended Bridge Inspection Report have been submitted to ADOT, Phoenix office. The ACOE permit is expected to be complete by the fourth quarter of 2004. October 2004 (Staff Report for the month of September Capital Improvement Projects in Design 1-4 Capital Improvement 5 Projects In Construction Completed Projects Traffic Division Environmental 8 Division PUBLIC WORKS VIISSION AND VALUES "The Marana Public Works Department is committed to providing quality service by consistently delivering and maintaining reliable, safe public facilities with a productive, respectful and ethical work force." Our operating values are: Satisfaction Respectful Communication Reliable Productive Quality Ethical Consistency Service Safety Integrity Commitment October 2004 Capital Improvement Projects in Design (continued) DCR for the Ina Road Corridor Proiect This project will involve the development of a Design Concept Report to improve Ina Road and the area south of Ina Road between Thornydale Road and Camino Martin extending to Orange Grove Road. Estimated Construction Time: To be determined Status: Tetra Tach is the design engineer. Tetra Tach is working on revisions to Phase I of this project. An individual 404 Permit application has been submitted to the Army Corp of Engineers and is anticipated by the fourth quarter of 2004. Construction will begin after all permits are obtained, design is complete and Rights-of- Way are obtained. Status: This project is currently on hold. Honea Heiqhts Sewer Improvements This project consists of constructing/installing the sanitary sewer mainline and incidentals for the residents of the Honea Heights Subdivision. Estimated Construction Time: First quarter of 2005 Status: Pima County Wastewater Management is in the process of finalizing the Project Plans and Contract Documents. Honea Heights Roadway Improvements This project will involve the development of construction plans for roadway and drainage improvements for Honea Heights subdivision, located between Sanders and Sandario Roads, between Moore Road and the Santa Cruz River. Estimated Construction Time: Following completion of the Ionea Heights Sewer, approximately 4th quarter of 2005. Status: Negotiation for design services are currently underway. Santa Cruz River Corridor Trail This project consists of providing a DCR and design for the path alignment, landscaping and irrigation and parking facilities for the linear path located on the levee of the Santa Cruz River from the end of Phase I alignment to Gladden Farms. Estimated Construction Time: To be determined Status: Legal description and exhibits have been completed for land exchange with Pima County and State Land easements. District Park Bank Protection This project consists of providing bank protection along the west bank of the Santa Cruz River from Ina Road to Cortaro Road. Phase I of the project will be from Cortaro Road to the Yuma Wash. Twin Peaks Interchange This project consists of Environmental Assessment clearances, DCR and 15% plans for the corridor alignment, Phase I; final design for TI, grade separated railroads west of 1-10, 1-10 structures and connection to the existing roadway system to the east, Phase II. Estimated Construction Time: Latter part of 2006 Status: The Draft Alternatives Selection Report is still under review/comment by ADOT personnel. The Town's comments have been transmitted to the Consultant for enclosure in the Final Report. Staff has reviewed and transmitted comments to the Consultant on the Preliminary DCR. The Town is now in receipt of the Draft DCR and has transmitted the documents to the various agencies for review and comment. The Town has completed it's review of the Final Drainage Report, and the documents have been transmitted to the Consultant. The Town has completed the Preliminary Bridge Hydraulics Report review, and the comments have been transmitted to the Consultant. The Town is in receipt of the Final Traffic Noise Analysis Report, and the document is currently under review/comment. The Consultant Team and the Town are continuing to work on the public hearing which is tentatively scheduled for October/ November of this year. The Town is in receipt of and staff has reviewed the Technical Memorandum to the Final Drainage Report and comments have been transmitted to the Consultant. The Town is in receipt of the Final Visual Impact Analysis Report, and the document is currently under review/comment. The Consultant is currently on schedule, and the EA and DCR are anticipated to be completed in the latter part of 2004. Estimated Construction Time: First quarter of 2005 PUBLIC WORKS Pa e2 October 2004 Capital Improvement Projects in Design (continued) Thornydale Road Improvements/Oranqe Grove Road To CDO Wash This project consists of reconstructing Thornydale Road from Orange Grove to the CDO Wash along with the reconstruction/ widening of the approach roads; sidewalks, curb, curb and gutter, traffic signal modifications, drainage facilities, median islands, street lighting and art work. Estimated Construction Time: To be determined Status: The 100% Improvement Plans have been received. The Phase I Environmental Site Assessment, Cultural Resources, Drainage and Geotechnical (for traffic signals) Reports have been accepted. The Traffic Engineering and Access Management Report has been accepted. Santa Cruz River Shared Use Path~ Phase I and II This project consists of the design and construction of a 14' wide paved asphalt path from Cortaro Road to Coachline Blvd. via the El Rio Park Development. Two pedestrian bridges provide major drainage crossings for the path. Phase I consists of building a shared use path between Cortaro Road and Twin Peaks Road in the over bank and intermediate bank areas of the Santa Cruz River. Phase II consists of a continuation of the shared use path in Phase I from Twin Peaks to El Rio Park. Each phase is partially funded under ADOT's Transportation Enhancement Program. Construction will need to be completed such that the ADOT funds are properly tracked; however, design can be completed as a single project. Estimated Construction Time: Third quarter of 2004 Status: The Environmental Determination (ED) has been accepted by ADOT. In late April 2003, the Town selected Castro Engineering for the path design and Structural Grace for design of the pedestrian bridges. The 100% plans have been received. The artistic concepts for the project have been presented and endorsed by the Mayor and Council, Marana Parks Committee, the Public Works Arts Project Committee, the Continental Ranch and Sunflower Homeowners Associations, an HOA public meeting, the Construction Committee and the Building Committee. The bid package has been advertised. Bid opening is scheduled for October 5, 2004. Silverbell Road Improvements Cortaro Road to Ina Road This project consists of reconstructing the roadway to four lanes with curb and gutter, multipurpose lanes and sidewalks, and providing for a continuous center turn lane, sanitary sewer system construction and intersection improvements at Ina/Silverbell, which includes a new traffic signal system. Estimated Construction Time: To be determined Status: Environmental, Biological, DCR, Geotechnical Report, Pavement Design Summary, Archaeological and Drainage reports are complete and have been accepted. The 404 Permit application has been submitted to the Army Corps of Engineers (ACOE) and is expected to be complete within the fourth quarter of 2004. Third year of Pygmy Owl Survey has been completed. ACOE is still in the process of reviewing the plan as submitted by Old Pueblo. The Town is in receipt of the final Sanitary Sewer Basin Study and the study has been accepted by both the Town and PCWWM. The Sanitary Sewer Plans have been reviewed by PCWWM. A public open house was held on January 15, 2004. The Town is working with ADOT to determine the best schedule to coordinate the 1-10 Widening Project with the Silverbell Project. 95% plans have been received and review is underway by Town staff, Town of Marana~ Northwest Marana Town Center Desi,qn and Development Three projects are ongoing to master plan and establish the layout, ambience and design standards of the Northwest Marana Town Center. Northwest Marana Town Center~ Master Plan Project This project will provide Master Plan Services for further planning and conceptualization to set design and development standards to facilitate the urbanization of the Northwest Marana Town Center. Status: Durrant Group and McGann and Associates continue the master planning of the rest of Ora Mae Harn District Park and the areas south of the park and Municipal Complex. The Town will work with land owners and developers for further use of the Town Center land. The Notice to Proceed should be issued in the second quarter of 2004 following approval of the scope of work and contract negotiation. PUBLIC WORKS Page 3 October 2004 Capital Improvements in Design (continued) Town of Marana Municipal Complex (Marana "MuniPlex") This project consists of the design and construction of a new Town Government Complex and will integrate the Muniplex and surrounding facilities with the Ora Mae Harn Park which will eventually abut a linear greenbelt park that will run from 1-10 to the Santa Cruz River. This linear park will also serve as a relief conduit for excess water from the Tortolita Mountain fan run off. Status: During September, 2004, D.L. Withers, the CM, continued miscellaneous steel work on Building A (Administration Building), spreading the corrugated roof decking over the third floor and over the second floor balcony. Steel studs for exterior walls were completed on the first floor of Building A, essentially completed on much of the second and third floors. Exterior sheetrock was placed on the first, second and third floors of Building A. Interior metal studs were well advanced on the first floor and begun on the second and third floors. The interior drywall in Building B was brought through double siding, tape and texture and color coating and final painting. Interior metal studs for drywall were completed in Building C, interior drywall in Building B was brought through double siding, tape, texture and color coating. Soffits and clouds over open work areas in C and B were complete in B and nearly complete in C. Exterior cladding, including stonework and plaster were substantially complete on Building B and C, extensively progressed on the links between Building B and A. Mechanical/Electrical Plumbing (MEP) was progressed to substantial completion in Building B and well progressed in Building C. Work was complete on the elevator in the Police Building B. Mechanical/Electrical Plumbing progressed on the first and second floor of Building A. The high curved walls form Building A toward the street were framed and sheetrock placed. Northwest Marana Town Center~ Roads~ Infrastructure and Off-Site Improvements This project will design and construct the offsite utilities, reads, landscape, and other infrastructure and establish the layout of the main Town Center corridors. Status: During July, Conceptual Drawings for the extension of Marana Main Street north of Grier Road were accepted by the Town and Construction Drawings begun. Excavation and installation of potable and non-potable water on Marana Main Street and Civic Center Drive was substantially completed in March of 2004. During June 2004, installation of joint utility trench was substantially complete and curbing and paving will continue through October, 2004. Substantial completion is targeted for the fourth quarter of 2004. DCR for Camino de Manana/Dove Mountain Extension This project will involve the development of a Design Concept Report for the possible realignment of Camino de Manana from its intersection with Linda Vista Boulevard to an alignment with Dove Mountain Boulevard at Tangerine Road. Estimated Construction Time: To be determined Status: The Town has selected a consultant and a scoping meeting has been completed. The project is currently on hold. Moore Road Improvements This project will involve the development of a Preliminary Design Report and subsequent final construction documents. The project consists of improvements to the driving surface and drainage crossings from Camino de Oeste to Thornydale Road. Estimated Construction Time: To be determined Bid proposals on the FF&E procurement package were ne- gotiated in September and awarded to Goodman's. Final changes and adjustments to the FF&E were made with few or ~ no further changes anticipated. ,~ ~ A model of the project is located / in the Town Hall for viewing. Status: The Notice to Proceed was given to the design consultant on October 23, 2003. The Preliminary Design Report and Plans have been received. DCR/Desiqn of Barnett Linear Park and Flood Control Proiect This project involves the development of a Design Concept Report for the Barnett Linear Park and Flood Control Project. The project consists of utilizing the existing Barnett Roadway alignment for a major outlet channel/linear park from 1-10 to the Santa Cruz River. Estimated Construction Time: To be determined Status: The Cultural investigation and the multi-purpose concepts are complete for the original scope. The second Draft Description of Proposed Action and Alternatives Report were submitted and distributed to Town staff for comments. The Draft Environmental assessment is anticipated to be submitted soon. The Transportation Report is complete and is currently being reviewed by Town Staff. The Benefit Area Map from flooding was received and distributed for comment. The final draft of landscape cross section sketches have been received and distributed for comment. PUBLIC WORKS Page 4 October 2004 Capital Improvement Projects In Construction The following are capital improvement projects in construction. Tanqerine Road/Thornydale Road Intersection Improvements This project consists of roadway widening, intersection modifications and signalization, and drainage improve- ments. Status: Southern Arizona Paving has been awarded the construction contract. Construction began in April 2004. The design engineer, Tetra Tech, will perform construction administration and the construction is anticipated to continue through October 2004. Page 5 PUBLIC WORKS October 2004 Completed Projects New Westbound Cortaro Road Bridge Over the Santa Cruz River: Completed March 2002 Cortaro Road Improvements, Silverbell Road to 1-10: Completed February 2003 Wade Road: Completed February 2003 Continental Ranch Neighborhood Park: Completed February 2003 Coyote Trails Elementary School Park and Parking Lot Addition: Completed February 2003 Santa Cruz Corridor Trail: Completed April 2003 Costco Street Lighting: Completed May 2003 Sandra Road Bus Turnaround: Completed June 2003 Emigh Road Driveway at Marana High School: Completed June 2003 Cortaro Road Realignment: Completed July 2003 2003 Pavement Preservation: Completed July 2003 Coachline Boulevard Sidewalks: Completed October 2003 El Rio Park: Completed January 2004 Twin Peaks and Scenic Drive Intersection Improvements: Completed May 2004 Linda Vista Boulevard: Completed April 2004 Tangerine Road - Breakers to Thornydale Road Improvements: Completed September 2004 ICortaro Road Improvements I Coyote Trails Elementary Park Continental Ranch Neighborhood Park Page 6 PUBLIC WORKS October,2004 Cortaro Farms Road-Camino de Oeste Traffic Siqnal Operations Study The Cortaro Farms Road-Camino de Oeste intersection, which is signalized, falls within an area recently annexed by the Town. Therefore, at the behest of the Traffic Engineering Division, a traffic signal operations study was performed by Kimley-Horn and Associates. The purpose of the study was to determine how to best improve the safety and efficiency of the signal operations at this location. Our staff is working closely with the Operations and Maintenance Department's staff to implement the signing and timings changes recommended by Kimely-Horn. Cortaro Road Traffic Siclnal Coordination Study In order to improve the traffic flow on Cortaro Road between Silverbell Road and 1-10, a study has been conducted to determine how the progression of traffic between those two points can be enhanced. Kimley-Horn and Associates, in conjunction with ADOT, have reviewed the need to modify the signal phasing and timings at the Cortaro Road/I-10 Frontage Roads Intersections. They will also be looking at the need to improve the coordination between the signals at Silverbell Road, Arizona Pavilions Drive, and at the 1-10 intersections. Now that the study has been completed, the installation of the new signal timings will be coordinated with ADOT. It is expected that the new signal timings will result in a smoother and safer traffic flow along this heavily traveled section of Cortaro Road. Traffic Signal at Silverbell Road-Wade Road Intersection A traffic signal study conducted at the Silverbell Road-Wade Road intersection found that the installation of a traffic signal is warranted at that location. The signalization should make this a much safer intersection for motorists exiting Wade Road, pedestrians crossing Silverbell Road, as well as emergency vehicles entering the intersection from the Northwest Fire/Rescue District's station on Wade Road. At this time the final signal design plans have been approved by our staff and the project has been advertised for bids. Grant Proposal for Accident Database The Traffic Engineering Division has prepared a grant proposal to the Governor's Office of Highway Safety to request funding for the development of a traffic accident computer database. The purpose of the accident database is to provide a tool with which our staff will be able to retrieve the accident information needed to effectively conduct traffic engineering studies. At this time our staff has to spend much time reviewing large numbers of individual accident reports in order to perform their studies. With the database, we will be able to quickly retrieve accident data according to date, time- of-day, location, type of accident, weather, severity of accident and other pertinent information that will greatly enhance our ability to analyze accident causes and recommend corrective measures. The sooner we can complete our studies, the sooner that traffic safety improvements can be implemented. Safe Routes to School Proqram The Traffic Engineering Division is in the process of finalizing its Safe Routes to School Pilot Program at Twin Peaks Elementary School. The Safe Routes to School Program's goal is to develop educational, engineering and enforcement tools with which to help provide safe trips for elementary and middle school students on their way to and from school. Via the pilot program at Twin Peaks a documented process was developed so that those immediately involved with the program (traffic engineering staff, police, school administration, teachers and parents) all understand the procedures and their respective roles in the process. Our staff will continue to work with the Safe Routes to School Committee for Twin Peaks to implement a safe routes plan and an educational campaign for the school. The Committee includes the school's principal, the school's Police Resource Officer, the Marana Unified School District's Director of Operations, and Scoot Leska of our staff. Traffic Si.qnal at Tan.qerine Road- Dove Mountain Boulevard Intersection The Town is working together with a Dove Mountain developer to have a traffic signal installed at the Tangerine Road-Dove Mountain Boulevard intersection. At this time, the developer's signal designer is working on the 75% plans. It is expected that the signal design will be completed within the next 60 days and that the traffic signal will be installed sometime during the Fiscal Year 2004-2005. Page 7 PUBLIC WORKS Environmental Planning Projects October 2004 Tres Rios del Norte This project is a cooperative effort between the City of Tucson Water Department, Pima County Flood Control District and the Town of Marana in conjunction with the United States Army Corps of Engineers. This purpose of this study is to evaluate approximately an eighteen mile stretch of the Santa Cruz River from Prince Road to Sanders Road for projects such as habitat restoration, water supply, flood control and recreation. Status: The Alternative Formulation Briefing (AFB) was held in Phoenix June 1,2004. The sponsors presented the project and received comments form the Army Corps of Engineers (Corps) Headquarters. The Corps and local sponsors are currently responding to these comments. The Town of Marana provided a letter to the Corps with concerns on the project and requested a meeting for early October to discuss. The Town of Marana will also be working with staff members form the different departments to develop the best overall plan for the Town of Marana. The preferred alternative is currently being revised to remove pamels that will not be eligible to be incorporated into this project. Arizona Pollution Discharqe Elimination System Status: The Storm water section is finalizing a schedule for inspecting the outfalls as part of our compliance with AZPDES. The Town is continuing to work with PAG to develop a training seminar for stakeholders responsible for reviewing Storm Water Pollution Prevention Plans and for inspecting, maintaining and/or installing storm water BMP's (Best Management Practices) in construction areas, including projects such as residential, business and roadwork construction projects. Proposed Mitiqation Land Development The Environmental Division is currently developing a log and map of the existing and proposed mitigation lands for the Town of Marana. The purpose of this project is to provide information and support for the Bajada Environmental Resource Overlay District (BEROD) and the Town's Habitat Conservation Plan (HCP) and future developments within the Town of Marana. This map will provide information on the maximum percent disturbance and the binding agreement that requires the mitigation. Santa Cruz Valley National Heritaqe Area The vision of a National Heritage Area designation for the Santa Cruz Valley in southern Arizona is gaining momentum due to a convergence of local efforts to conserve natural resources and open spaces; to preserve historic structures and archaeological sites; to educate the public about the history and cultures of this region; to increase national recognition of the region; to develop heritage tourism and bring other economic benefits to local communities; and to improve cultural ties across the U.S.-Mexico border. The SWMP (Storm Water Management Program) Annual Small MS4 Report was sent on the ADEQ two weeks before the September 30th deadline. The Environmental Division submitted a grant application to ADEQ for the Small MS4 Assistance Program, and has received approval to receive $24, 531.35. These funds are a 60/40 match that will help to print the brochures and flyers, implement a contest to design artwork for future brochures and flyers for the Town's storm water program, to distribute storm water activity packets to local schools, attend mandatory staff training, complete the marking of storm drains, and implement the storm water website, all BMP goals in the Town's Storm Water Management Program. The Environmental Division has filled out an NOT on the Linda Vista project this week. Status: The Town of Marana showed support of the application and designation of the Santa Cruz Valley Heritage Area by passing Resolution No. 2003-133 at the Town Council Meeting on October 21,2003. Preservation and development is ongoing. BLM Conflict Resolution Town of Marana is working with the Bureau of Land Management (BLM) and various stakeholders on addressing recreational shooting issues on the BLM lands. At the September 21 st meeting, planning began for the second public workshop, tentatively planned for mid-to late January 2005. Pima County opened the Southeast Regional Park Shooting Range in August. It is located at 11296 S. Harrison Road in Tucson. Floodplain Updates Another Grant application that the Environmental Division is currently working on is a Water Quality Improvement Grant. This grant may be used to assist the Town in the grade stabilization and other work in the Yuma Wash confluence within the District Park boundaries. Number of Permits Processed: 0 Number of Flood Hazard Information Sheets Completed: 72 The National Flood Insurance Program (NFIP) selected the Town of Marana as a community to participate in a study where the verified elevations of structures that are located in the floodplain. The Town of Marana prepared Floodplain Use Permits and Building Permits for the 35 structures requested by the NFIP to the extent that the Town of Marana had records. They were here from August 30, 2004 to September 2, 2004. Once the report is published by The Federal Emergency Management Agency(FEMA) the Town will Page 8 receive a copy. PUBLIC WORKS October, 2004 Public Work Art Project Committee Report The Public Art Project Committee did not meet in September. There is not yet a scheduled meeting for October. Committee Members: Curt Ench, Chair Brian Jones, Vice Chair Sally Jackson Kathy Price Margaret Joplin Nancy Lutz Page 8 PUBLIC WORKS FOR: SEPTEMBER 2004 MARANA TOWN OF MARANA TEAM WORK-- Is all staff working together in outstanding ways, with extraordinary cooperative effort to accomplish ordinary tasks TO: FROM: SUBJECT: DATE: Mayor Bobby Sutton, Jr. Town Council Mike Reuwsaat, Town Manager Water Department Staff September 2004 Department Report Update October 2004 CUSTOMER INFORMATION 2661 65 73 61 37,701,037 61.76 60.59 Number of Customers Billed Number of Disconnects Number of New Connects Number of New Services with Meter Installation Total Gallons sold Acre feet pumped (non-trust wells) Picture Rocks, Happy Acres, Palo Verde, Airport, Sky Diving Center, Continental Reserve and Hartman Vistas Acre-feet wholesale water purchased (trust wells) Marana, La Puerta, Oshrin, Falstaff, Honea, and Cortaro Ranch (325,851 gallons = acre foot) DALLY OPERATIONS 1. 308 Blue Stakes completed. 2. 137 Work Orders completed. 3. Radio read meter repairs. 4. Inspections for Marana Airport, Gladden Phase 1, Continental Reserve Phase 2, San Lucas Well. 5. Site Maintenance at Marana Airport, Continental Reserve, Palo Verde. Hartman Vistas. ,. 6. Tested 4 backflow preventers. 7. Installed new chlorinator stand and plumbing at Honea East. 8. Repaired Fire Hydrant on Barnett Rd. 9. Repaired water leak in Continental Reserve Block 10. 10. Repaired 2 water leaks on Clayton Place. 11. Flushed dead end water main intermittently at Via Tres Casa's (3 days). 12. Repaired Water Leak on Price Lane and later replaced the service line with 1" Copper. 13. New 5000 gallon pressure tank was installed at the Airport SE well. 14. Collected GPS data for our water system update with assistance from the GIS department. 15. Potholed water main in the Palo Verde System. WATER SERVICE AGREEMENTS BEING NEGOTIATED 1. Northwest Fire Station #36. 2. Cascade Development-Addendum to Hartman Vistas 3. Oasis Development-Addendum to Hartman Vistas 4. Pomegranate Development West of Luckett Rd. North of Hardin. 5. Monterey Homes Marana 154 Sandario &o Moore Rd. (Southwest Corner) 6. Santoria Estates (on West side of Old SiIverbell North of Linda intersection). Vista OTHER 1. Draft Effluent Agreement with Tucson Water is negotiated. On Hold 2. Pilot water treatment of Picture Rocks system is installed and operating. Progressing well. 3. Non-potable system for North Marana design stages is complete. A non-potable Master Plan is underway. 4. La Puerta well is in discussion with Cortaro-Marana Irrigation District. Possible trade, equipment well 36N for them. 5. Non-potable system and storage are in the discussion, and draft, design stage, for the east side of 1-10, from Tangerine Rd. to the Pinal County line. 6. Sunset Ranch Estates rate comparison in Progress. 7. Regional water supply organization being discussed. 8. B.C.I.F. Group LLC. San Lucas well is started to be drilled. REPORT TO THE MARANA TOWN COUNCIL July - September 04 Dear Mayor, Council Members and Staff: Visitor center VISITORS 2003 2004 In state visitors 52 119 Out of state visitors 61 298 Foreign visitors 21 56 TOTALS 134 473 MAIL 2003 2004 Tourism requests 6 11 Relocation requests 14 23 Business requests 9 16 TOTALS 29 50 WEB SITE VISITS 6499 7521 · The visitor center signs have made a significant difference. The total number of visitor's is up 352%. · The visits to our web site have increased 115% from last year. The figures below show the number of new businesses, revenue, and the businesses in Marana for 2004 compared to 2003. 2003 Revenue 2004 Revenue New Members 18 $3,340 19 $2,805 New Marana Businesses in the Chamber for the 3ro quarter Video Impressions Marana Carpet Picture Rocks Miniature Horse Ranch Rock Your World Billy Bryant Barbecue Canyon Community Bank The Write Attitude Rein & Grossoehme Commercial Developer Tucson Traveler BOARD RETREAT The Marana Chamber of Commerce had our annual board retreat at Lazy K Ranch. Kathy Langdon, Pres/CEO of the Gilbert Chamber of Commerce, facilitated. The Board charged itself with three goals: 1. The Chamber needs to become more relevant to our members through website enhancement. 2. The Chamber needs to expand it's financial resources by promoting the "State Compensation Fund" dividend plan. 3. Looking at changes to our dues structure. BREAKFASTS The Marana Chamber had its first breakfast at Cracker Barrel Restaurant and it was a great success. We had thirty-five members attend the breakfast. Networking is the purpose. The breakfasts are the fu'st Wednesday of each month. THE MARANA CHAMBER OF COMMERCE BUSINESS CIRCLE The Marana Chamber has put in place the "Marana Chamber of Commerce Business Circle ". There are three levels of membership: Gold - $5000, Silver - $2500, Copper - $500 for small businesses with 1-5 employees. The Marana Chamber Business Circle members understand the value of building community partnerships: To enhance oppommities for businesses to grow and prosper. · To prominently recognize members whose continued support has been instrumental in the growth of the Marana Chamber of Commerce. · Enjoy the convenience of a one-time, all-inclusive transaction that ensures representation at all Marana Chamber events. · Recognition in Marana Chamber publications and on the website. To date: Northwest Medical Center is a Gold Corporate Circle Member Imagine Realty is a Copper Corporate Circle Member EVENTS AND ACTIVITES THAT PROMOTE BUSINESS Golf Tournament - Saturday November 6 at the Pines Golf Club at Marana Holiday Party - with the Marana Arts Council on Thursday December 9 at the Stardance Center. Bowling Tournament - on Saturday, February 5, 2005. In conclusion, I want to thank Mayor Bobby Sutton, the Town Council, and staff for their support. Sincerely, Ed StoImaker Executive Director INFORMATION MEETING DATE: October 19, 2004 AGENDA ITEM: IX. A. 1 TO: FROM: SUBJECT: MAYOR AND COUNCIL Barbara C. Berlin, Planning Director Resolution No.2004-145: Relating to subdivisions; approving a Final Plat for Garden Estates (formerly Estate Lots at Tortolita Preserve). DISCUSSION APPLICANT The applicant is Mark Hanshaw, of Arcadis G & M, Incorporated, the engineering firm representing Garden Estates at Dove Mountain, L.L.C, owner. LOCATION This project is located on approximately 72.6 acres at the northeast comer of Moore Road and Wild Burro Road within the southwest quarter of Section 26, Township 11 South, and Range 12 East. This project is within the Estate Lots at Tortolita Preserve Specific Plan. The Specific Plan was adopted June 3, 2003 (Marana Ordinance 2003.11). PROJECT DESCRIPTION The project consists of a 25-estate lot single family subdivision for custom-built homes. The proposed subdivision is consistent with the Estate Lots at Tortolita Specific Plan land use plan. Design guidelines and Covenants, Conditions and Restrictions have been reviewed and approved by staff. The minimum lot size proposed is 108,912 square feet and the maximum grading envelope proposed is 15,000 square feet. The total site disturbance for the project is 13.05 acres or 18% of the project's gross area. The custom-built homes will be restricted to environmentally integrative design standards and environmentally sensitive construction and maintenance requirements. All houses will be site-built. All areas within the subdivision not utilized for homes, drainage, or utilities will be dedicated as a conservation easement through the final plat, (see plat note 19). The conservation easement will be administered by the Homeowners' Association by way of the Covenants, Conditions, and Restrictions to be recorded with the Final Plat. Access for the proposed subdivision is from Moore Road to the south. The applicant proposes emergency access via access easements extending west from Flying Quail Place to Wild Burro Road between lots 19 and 20 and north from the cul-de-sac at Quail Nest Place. Several washes traverse the site. The internal streets have been designed to minimize wash crossings and 101904 PRV-03079 Garden Estates (Estate Lots ~ Tortolita) minimize the length of those wash crossings. All parking will be achieved through on-site spaces; no on-street parking is proposed. The minimum private street paving half-width is 12 feet plus 2 feet of roll curbing. The Northwest Fire District has approved the street system design with the proposed 24-foot-wide pavement and prohibited on-street parking. The Homeowners' Association will be responsible for enforcing the parking restrictions. Lots will have individual septic systems. The water will be provided by an on-site private water company well and delivery system. OTHER A Development Agreement, recorded January 23, 2004, has been executed between the developer and the Town and establishes certain fees to be paid at the time of issuance of building permit. In lieu of a contribution of land for school sites, a School Improvement Contribution Fee of $1,200 per unit will be paid. In lieu of dedication of land for a public park, the developer will contribute $1,400 per residential unit. In addition, the developer will contribute $2,500 per residential lot towards regional transportation improvements. RECOMMENDATION Staff recommends approval of a Final Plat for Garden Estates. Staff has reviewed the request against the requirements of the adopted Specific Plan, the Marana Land Development Code, special external agency requirements, and the Town of Marana General Plan. This final plat is in conformance with all required development regulations and conditions of zoning. SUGGESTED MOTION I move to approve Resolution No. 2004-145. -2- 101904 PRV-03079 Garden Estates(Estate Lots ~ Tortolita)Final Plat.doc MARANA RESOLUTION NO. 2004-145 RELATING TO SUBDIVISIONS: APPROVING A FINAL PLAT FOR GARDEN ESTATES (FORMERLY ESTATE LOTS AT TORTOLITA PRESERVE). WHEREAS, The Garden Estates at Dove Mountain, L.L.C. is the owner of approximately 72.6 acres consisting of a 25 lot residential subdivision on approximately 72.6 acres within the Estate Lots at Tortolita Preserve Specific Plan. The property is located at the northeast comer of Moore Road and Wild Burro Road within Section 26, Township 11 South, Range 12 East.; and WHEREAS, Garden Estates at Dove Mountain, L.L.C., represented by Arcadis Inc., has applied to the Town of Marana for approval of a final plat for 25 single-family detached home lots on 72.6 acres, including lots 1 through 25 and common area "A"; and WHEREAS, the Marana Town Council, at its regular meeting of October 19, 2004 has determined that the Final Plat for Garden Estates (formerly Estate Lots at Tortolita Preserve), should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that Garden Estates (formerly the Estate Lots at Tortolita Preserve) Final Plat, a 25 lot residential subdivision within the Estate Lots at Tortolita Preserve Specific Plan and located at the northeast comer of Moore Road and Wild Burro Road within Section 26, Township 11 South, Range 12 East, is hereby approved. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 19th day of October, 2004. ATTEST: Mayor Bobby Sutton, Jr. Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attomey Resolution 2004-145 Garden Estates (Estate Lots ~ Tortolita Preserve) Final Plat. doc MARANA TOWN OF MARANA Garden Estates (formerly Estate Lots at Tortolita Preserve) SUNSHINE Garden Estates Request for approval of a final plat for 25 lots on 72.66 acres located north of Moore Road, west of Sandra Road and east of Wild Burro Road. MARANA TOWN OF MARANA Planning and Zoning Department 3696 W. Orange Grove Road · Tucson, AZ 85741 (520) 297-2920 Fax: (520) 297-3930 PLANNING & ZONING APPLICATION 1. TYPE OF APPLICATION (Check One) 121 Preliminary Plat ~ General Plan Amendment D Variance :~l:x~inal Plat I~ Specific Plan Amendment [21 Conditional Use Permit [21 Development Plan 121 Rezone [21 Other 121 Landscape Plan 121 Significant Land Use Change D Native Plant Permit jl$'qq-tY460 2. GENERAL DATA REQUIRED Assessor's P~el a I~ -~q.o~% ~ 1 f-q~- O~ o)lf~y~O General PI~ Desi~ation &ll~- 0~t ~~0' Cu~ent ~ning Developmen~ ~5~ ~ --~ T~t{%~~ Proposcd ZonMg Project Project~ation O& Descfiptionof~oject ~5~f ~~ ~~ ~ g.~. Zip C~e [ ~hone N~ ]F~ N~ E-~il Ad~ CoRreCt P~on ~O ~ ~~ ~ Phone Nm~ Applicant Zip ~de Phone Nm~r F~ Nmber E-Marl Ad~ Contact P~on [ Phone Nm~ agen~epreseatafive 6~C~ om Zip Code [ Phone N~r ] F~ Nmber E-~I Ad~ 3. A~HORTZATION OF PROPER~ O~R I, ~e ~d~i~e~ ceffi~ ~at ~1 of me fac~ set fo~ ~ ~s a~a~ · ~ ~e best of my ~owl~ge ~d ~at I m ei~ ~e ~Ren°mer Ofautho~fion*e prop~ Orfrom*atIthe~Veowner.)been au*ofized ~ ~~.:~~ [ ~ ~ t~l file ~s] applimfion. Of not o~er/of r~ord,} a~ch P~t Nme of Appli~n¢~ ~ / Si~ ~ ~ ~ Date FOR OFFICE USE ONLY C~eNo. ~-0~0~ ~ DateReceiv~ ~/0~ ReceiptNo. i BOOK PAGE ' :" WILD BURRO ROAD BK 16, P~ 8! OF SO0'OS'O0 '£ \ NOO'O2'IT'W 2232,46' NO0'01 '34"W J BOOK __PAGE WILD BURRO ROAD [\ It \ \ '\ :'. :..:.:...:?" BOOK PAGE / iI A(; ZON!N<; UF~SUBDFVi[,'.ED WILD BURRO ROAD <~ueuc) II I}1 ~ ~ Ill l Iii · Ill I x,., I AG ZONiNg UNSUBD~D~) ~ .'"~'"1 BOOK PAGE ~m WII.~ ~URRO ROAD AG ZONING UNSU BD~v~,!:,'.ED ililiBtltl ii II I1 II II II II II _LI_ I I I I BOOK PAGE " AG ZONING WILD BURRO ROAD CPuBuc) II III III ~ L .... ~____ ~ G PAGE~ BOOK TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: October 19, 2004 AGENDA ITEM: IX. B. 1 TO: FROM: SUBJECT: MAYOR AND COUNCIL Dan Groseclose, Housing General Contractor Resolution No. 2004-141: Relating to Real Estate; authorizing the Town of Marana to enter into a purchase agreement with Aboud & Aboud Partnership to purchase a lot for the Town of Marana HOME program. DISCUSSION The Town of Marana has an opportunity to purchase a lot located in the Honea Heights area of Marana. The lot currently has a derelict house, sheds, trash, and debris located on the site. This property was previously owned by Clarence Goudey, and the Town has issued numerous cita- tions for clean-up. The current owners are willing to sell the lot for the appraised price less cost for clean-up. Once the lot is cleaned up, including the demolition of the house, a new home will be built and sold as part of the Town's HOME Program. CDBG Affordable Housing funds will be used to purchase the lot, and HOME Program funds will be used for construction of the new home. RECOMMENDATION Staff recommends adoption of Resolution No. 2004-141 to authorize the Town to enter into a Purchase Agreement with Aboud & Aboud Partnership to purchase the lot for the HOME Pro- gram. SUGGESTED MOTION I move to adopt Resolution No. 2004-141. {00000217.DOC/} DG/FJC/cds - 9/16/04 MARANA RESOLUTION NO. 2004-141 RELATING TO REAL ESTATE; AUTHORIZING THE TOWN OF MARANA TO ENTER INTO A PURCHASE AGREEMENT WITH ABOUD & ABOUD PARTNERSHIP TO PURCHASE A LOT FOR THE TOWN OF MARANA HOME PROGRAM. WHEREAS, The Town of Marana desires to engage in housing and community development activities as authorized under its HOME Program regulations; and WHEREAS, Aboud & Aboud Partnership owns, and desires to sell, a lot located on Moore Road, identified as Pima County Assessor Parcel # 217-50-0040; and WHEREAS, the Town of Marana desires to purchase the lot and build houses to be sold to low to moderate income citizens through the HOME Program; and WHEREAS, the Mayor and Council of the Town of Marana feel it is in the best interests of the public to continue the HOME Program. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Purchase Agreement between the Town of Marana and the Aboud & Aboud Partnership, attached to and incorporated by this reference in this resolution as Exhibit A, is hereby authorized and approved. SECTION 2. The Mayor is hereby authorized to execute said Exhibit A, and the Town Clerk is hereby authorized to attest thereto, for and on behalf of the Town of Marana SECTION 3. The Town Manager, Town Attorney, and the other Town staff are hereby authorized to undertake all actions necessary to carry out the terms, obligations, and objectives of said Exhibit A. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 4th day of October, 2004. ATTEST: Mayor Bobby Sutton, Jr. APPROVED AS TO FORM: Jocelyn Bronson, Town Clerk Frank Cassidy, Town Attorney {00000216.DOC/} FJC/cds 9/16/04 ACQUISITION AGREEMENT This Agreement is made by and between Aboud & Aboud Partnership (the "Owner") and the Town of Marana, a municipal corporation (the "Town"). Property and Acquisition Amount. The Owner is the owner of the property described on Exhibit "A", including all improvements located thereon (the "Property"). The Town has determined the need to acquire the Property by its power of eminent domain. In lieu of court proceedings and further to its power of eminent domain, the Town agrees to acquire the Property for Sixteen Thousand Dollars(S16,000.00) (the "Acquisition Amount"), subject to the terms and conditions set forth below. No Personal Property. The parties acknowledge that no personal property is being acquired under this Agreement and that no personal property is located on the Property being transferred. Risk of Loss for Damage to Improvements. Owner shall be responsible for the risk of loss for any and all damage to the improvements prior to close of escrow. Warranty Deed. The Owner shall deposit into escrow a warranty deed conveying to Town title to the Property, free and clear of all liens and encumbrances and subject only to those matters identified on Exhibit "B". 5. No Salvage. The Owner shall not salvage or remove any fixtures, improvements, or any portion of the Property prior to closing. Escrow and Prorations. The Acquisition Amount shall be payable in full at closing. The date of closing shall be used for proration of rents, property taxes and other similar costs, and assessments due for improvement districts shall be paid in full by the Owner prior to closing. Security Interest. Monies payable under this Agreement may be due holders (the "Lienholders") of certain notes secured by mortgages or deeds of trusts, up to and including the total amount of unpaid principal, interest and penalty on the notes, if any, and shall upon demand by the Lienholders, be paid to the Lienholders. Owner shall obtain from the Lienholders releases for any fee transfer for the Property. Possession and Closing. Possession shall be given to the Town on date of closing. Closing shall be on or before the later of (a) 30 days after the date this Agreement is approved by the Town Council or (b) 30 days after receipt of all necessary releases from lienholders. 9. Water Rights. The Owner agrees to assign and hereby transfers, effective upon closing, to Town any water rights certificated or claimed appurtenant to the Property owned by Owner. Owner shall execute documents reasonably necessary to effect such transfer. 10. Environmental Representations. Owner hereby represents and warrants that, to the best of Owner's knowledge, no pollutants, contaminants, toxic or hazardous substances, wastes or materials have been stored, used or are located on the Property or within any surface or subsurface waters thereof; that no underground tanks have been located on the Property; that the Property is in compliance with all Federal, state and local environmental laws, regulations and ordinances; and that no legal action of any kind has been commenced or threatened with respect to the Property. 11. Environmental Indemnification. The Town and the Owner agree that neither party is assuming any obligation of the other party relating to any potential liability, if any, arising from the environmental condition of the Property, each party remaining responsible for its obligations as set forth by law. 12. Environmental Inspection Rights. Owner shall permit Town to conduct such inspections of the Property, as the Town deems necessary to determine the environmental condition of the Property. If the investigations reveal the presence of contamination or the need to conduct environmental clean up, Owner shall conduct a clean up of the Property adequate to bring the Property into compliance prior to Closing or Town may terminate this agreement. 13. No Leases. Owner warrants that there are no oral or written leases on all or any portion of the property. 14. Broker's Commission. No broker or finder has been used and Town owes no brokerage or finder's fees related to this transaction. Owner has sole responsibility to pay all brokerage or finder's fees to any agent employed. 15. Closing Costs. Expenses incidental to transfer of title, including title reports, recording fees, escrow fees, releases and Owners Title Insurance Policy, shall be paid 100% by Town. 16. No Sale. Owner shall not sell or encumber the property before closing. 17. Conflict of Interest. This Agreement is subject to A.R.S. 38-511, which provides for cancellation of contracts by Town for certain conflicts of interest. 18. Survival of Representation and Warranties. All representations and warranties contained herein shall survive the closing for a term of ten years. {00000272.DOC/} -2- 19. Entire Agreement. This signed document shall constitute the entire Agreement between the parties and no modification or amendment to this Agreement shall be binding unless in writing and signed by both parties. The performance of this Agreement constitutes the entire consideration by Town, including all just compensation and severance damages to the remainder property and shall relieve the Town of all further obligation or claims relating to the Property. SELLER: Owner Owner Date: Date: Tax ID # or SS # Tax ID # or SS # BUYER: TOWN OF MARANA BY: Michael Reuwsaat Town Manager APPROVED AS TO FORM: Frank Cassidy Town Attorney {00000272.DOC/} -3- EXHIBIT A Pima County Assessor's Office Parcel #217-50-0040 located at 12275 W. Moore Road, Marana, Arizona 85653. {00000272.DOC/} -4- TOWN COUNCIL TOWN OF MARANA MEETING INFORMATION MEETING DATE: October 19, 2004 AGENDA ITEM: IX. B. 2 TO: FROM: SUBJECT: MAYOR AND COUNCIL Frank Cassidy, Town Attomey Ordinance No. 2004.20: Relating to Real Estate; approving an ex- change of real property located east of the intersection of Cortaro and Silverbell Roads; authorizing the Mayor to execute an Amendment to Real Estate Exchange and Development Agree- ment and any deeds and other documents necessary to accomplish the exchange; and declaring an emergency. DISCUSSION The Mayor and Council authorized an exchange of property by Ordinance No. 2003.32 on De- cember 16, 2003, to accommodate the development of the Town of Marana District Park and the Continental Ranch Park and Library. The Town has now determined that it needs additional land along Silverbell Road to accommodate safe ingress and egress for future Marana District Park and Continental Ranch Park and Library patrons. The owner of the needed property is willing to trade it to the Town in exchange for a Town-owned parcel in the immediate vicinity of substan- tially equal size and value. The exchange of lands as set forth in the document entitled "Amendment to Real Estate Exchange and Development Agreement" is presented to the Mayor and Council concurrently with this Ordinance. RECOMMENDATION Staff recommends adoption of Ordinance No. 2004.20, approving and authorizing the execution of the Amendment to Real Estate Exchange and Development Agreement. SUGGESTED MOTION I move to adopt Ordinance No. 2004.20. {00000232.D0C/} FJC/cds 9/27/04 MARANA ORDINANCE NO. 2004.20 RELATING TO REAL ESTATE; APPROVING AN EXCHANGE OF REAL PROPERTY LOCATED EAST OF THE INTERSECTION OF CORTARO AND SILVERBELL ROADS; AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO REAL ESTATE EXCHANGE AND DEVELOPMENT AGREEMENT AND ANY DEEDS AND OTHER DOCUMENTS NECESSARY TO ACCOMPLISH THE EXCHANGE; AND DECLARING AN EMERGENCY. WHEREAS, the Mayor and Council of the Town of Marana authorized an exchange of property by Ordinance No. 2003.32 adopted on December 16, 2003, to accommodate the devel- opment of the Town of Marana District Park and the Continental Ranch Park and the Continental Ranch Library; and WHEREAS, the Town has now determined that it needs additional land along Silverbell Road to accommodate safe ingress and egress for future District Park and Continental Ranch Li- brary patrons; and WHEREAS, the owner of the property the Town needs is willing to trade the land to the Town in exchange for a Town-owned parcel in the immediate vicinity; and WHEREAS, the properties being exchanged are specifically described and mapped on the exhibits attached to the Amendment to the Real Estate Exchange and Development Agree- ment; and WHEREAS, the parcels of land being exchanged are of substantially equal size and value; and WHEREAS, A.R.S. § 9-407 requires land exchanges to be authorized by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, SECTION 1. The exchange of lands as set forth in the document entitled "Amendment to Real Estate Exchange and Development Agreement" presented to the Mayor and Council con- currently with this Ordinance and attached as Exhibit A is hereby authorized pursuant to the terms and conditions set forth in that Agreement. SECTION 2. The Mayor is hereby authorized and directed to execute, and the Town Clerk is hereby authorized and directed to attest to, any and all documents necessary to effectu- ate the above-contemplated transaction for and on behalf of the Town of Marana. SECTION 3. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this ordinance. {00000227.DOC/} SECTION 4. BE IT FURTHER RESOLVED THAT since it is necessary for the preser- vation of the peace, health and safety of the Town of Marana that this resolution become imme- diately 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 19th day of October, 2004. Mayor Bobby Sutton, Jr. ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney {00000227.DOC / 2 AMENDMENT TO REAL ESTATE EXCHANGE AND DEVELOPMENT AGREEMENT THIS AMENDMENT ("Amendment") is made and entered into by and between THE TOWN OF MARANA, an Arizona municipal corporation (the "Town"), and CONTINENTAL RANCH DEVELOPMENT, L.L.C., an Arizona limited liability company ("CRD"). The Town and CRD are sometimes collectively referred to as the "Parties," who are sometimes individually referred to as the "Party." RECITALS A. The Town entered into a Real Estate Exchange and Development Agreement with Arizona Pavilions Development, Inc., an Arizona corporation, and Ranch Holdings, L.L.C., an Arizona limited liability company, on December 16, 2003, recorded at Docket 122001, Page 4073, Pima County Recorder's Office (the "Original Agreement"), to exchange land located southeast of the intersection of Cortaro and Silverbell Roads. B. Continental Ranch Development, L.L.C., is the successor in interest to Arizona Pavilions Development, Inc., and Ranch Holdings, L.L.C., pursuant to a Special Warranty Deed dated December 30, 2003, recorded at Docket 12252, page 813, Pima County Recorder's Office. C. The Town has determined that additional property is needed for the Town's Ii-' brary and district park project to accommodate safe access to and from Silverbell Road, and CRD is willing to accommodate the transfer of this additional land to the Town in exchange for an equal amount of Town-owned land along Cortaro Road. D. Except for the additional exchange of the parcels addressed in this Amendment, the Parties desire that the Original Agreement remain in full force and effect. AGREEMENT Now, THEREFORE, in consideration of the foregoing premises and the mutual covenants set forth in this Amendment, the Parties hereby agree as follows: 1. Exchange of land. No later than October 31, 2004, the Parties will complete the following exchange of land, as shown on the document entitled "Exhibit to Accompany Description of Land Exchange within Continental Ranch PAR 56-57&72" attached as Exhibit A. (A) Town to CRD. The Town shall transfer to CPI) the land identified as "Continental Ranch Parcel 56-57&72 Exchange Parcel (5) from Town of Marana to Arizona Pavilions" as set forth in the legal description and map attached as Exhibit B. (B) CRD to Town. CRD shall transfer to the Town the land identified as "Continental Ranch Parcel 56-57 Land Exchange Parcel (6) Arizona Pavilions to Town of Marana" as set forth in the legal description and map attached as Exhibit C. -1- {00000229.DOC/} AMENDMENT TO EXCHANGE AGREEMENT 10/6/2004 11:19 AM (C) Effect on Original Agreement. Except as supplemented by the additional exchange set forth in this Amendment, the provisions of the Original Agreement shall remain in full force and effect and are incorporated here by this reference. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the last date set forth below their respective signatures. TOWN: CRD: TOWN OF MARANA, an Arizona municipal corporation CONTINENTAL RANCH DEVELOPMENT, L.L.C., an Arizona limited liability company By: By: Bobby Sutton, Jr., Mayor Date: Date: Mark Schlossberg, Manager ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney STATE OF ARIZONA ) ) SS.~ COUNTY OF PIMA ) The foregoing instrument was acknowledged before me this __ day of October, 2004, by Mark Schlossberg, Manager of CONTINENTAL RANCH DEVELOPMENT, L.L.C., an Arizona limited liability company, on behalf of the company. Seal Notary Public {00000229.DOC/} - 2 - AMENDMENT TO EXCHANGE AGREEMENT 10/6/2004 11:19 AM L41v~ E~CttAN~ PARCEL 6 RANCtt DEV. LLC LAND ~C~m:~NG-m PARCEL G TO TON'N O~ MAP. d. NA EXHIBIT TO ACCOMPANY DESCRIPTION OF LAND EXCHANGE WITHIN CONTINENTAL RANCH PAR 56-57&72 SECTIONS 34,35, T. 12 S., R. 12 E., G.S.R.M., PIMA COUNTY, ARIZONA : ¢/LB~ proiecf No. 186051-K56A-1005X 09-~ 6-2004 N:'k,. 1 86031~,PAR56-57'\EXHIBITS~\BASE09-1 6-04.DWG EXHIBIT A .... roup September 2, 2004 WLB No. 186031-K-056-1003X W:\LEGALS\186031\Parcel 56\Land-exch-5.doc CONTINENTAL RANCH PARCEL 56-57&72 EXCHANGE PARCEL (5) FROM TOWN OF MARANA TO ARIZONA PAVILIONS That portion of the Northeast Quarter (NE 1/4) of Section 34, and Northwest Quarter (NW 1/4) of Section 35, Township 12 South, Range 12 East, Gila and Salt River Meridian, Town of Marana, Pima County, Arizona, described as follows: COMMENCING at the Northwest corner of said Section 35; THENCE S 01°01'00" E, along the West line of the said Northwest Quarter (NW 1/4), a distance of 592.01 feet to the Southeasterly right-of-way line of Cortaro Road, being the POINT OF BEGINNING; .. THENCE S 33°30'07" W along said right-of-way line, a distance of 69.19 feet; THENCE S 56°17'16" E, 420.00 feet, THENCE N 33°30'07" E, 110.05 feet; THENCE N 56029'53" W, 155.00 feet to the most Southwest corner of the parcel recorded in Docket 10808, Page 2967; THENCE continue N 56029'53'' W, 265.00 feet along the Southwesterly line of said parcel and the extension of said line to a point on said Southeasterly right-of-way line of Cortaro Road; THENCE S 33"30'07" W, along said right-of-way line a distance of 39.33 feet to the POINT OF BEGINNING, Containing 45,889 square feet, more or less. Jack A. Buchanan, RLS JAB: mo · Prepared by: THE WLB GROUP, INC. Page 1 of 1 EXHIBIT B 27~ 26 34I 35 EXHIBIT TO ACCOMPANY DESCRIPTION OF LAND EXCHANGE PARCEL (5) PARCEL 56-57& 72 SECTIONS 34-35, T. 12 $., R. 12 E., G.$.R.M., PIJ~A £OUHTY~ AMI~OHA WLB# ~roiect No 186051-K56A-1003X . 09-~2-04 N:'~ 1 ~'60:51% PAR56- 57% EXHIBIT% EXBT--LAN D- EXCH- 5.DWG 1"=100 September 16, 2004 WLB No. 186031-K-56A-1003 W:\LEGALS\186031\Parcel 56\Land-Exchange-6.doc CONTINENTAL RANCH PARCEL 56-57 LAND EXCHANGE PARCEL (6) ARIZONA PAVILIONS TO TOWN OF MARANA That portion of the Northwest Quarter (NW 1/4) of Section 35, Township 12 South, Range 12 East, Gila and Salt River Meridian, Town of Marana, Pima County, Arizona, described as follows: COMMENCING at the West Quarter corner (W 1/4) of said Section 35; THENCE N 01"01'00" W, along the West line of the said Northwest Quarter (NW 1/4), a distance of 899.97 feet to the Northeasterly right-of-way line of Silverbell Road, said point being on the curve of a non-tangent curve to the Southwest, a radial line bears through said point N 34"05'39" E; having a point THENCE Southeasterly along said right-of-way line and arc of said curve to the right, a radius of 1507.39 feet, a central angle of 11°06'38", for an arc length of 292.30 feet to of a cusp of a curve concave to the Nodh, being the POINT OF BEGINNING; THENCE Easterly along the arc of a curve to the left, having a radius of 25.00 feet, a central angle of 88°09'20'', for an arc distance of 38.47 feet to a point of tangency; THENCE N 47°02'56" E, 109.00 feet to a point of curvature of a tangent curve concave to the Southeast; THENCE Northeasterly along the arc of said tangent curve to the right, having a radius of 225.00 feet, a central angle of 56c25'53'', for aa arc distance of 221.61 feet to a point of a reverse curve; THENCE Northeasterly along the arc of said reverse curve to the left, having a radius of 25.00 feet, a central angle of 93°17'04'', for an arc distance of 40.70 feet to a point of a non- tangent curve; THENCE Southwesterly along the arc of a non-tangent curve to the right, having a radius of 375.00 feet, a central angle of 20°26'18'', a radial line through said point bears S 79~48'15'' E, for an arc distance of 133.77 fee~ ~o a point of a non-tan.q, ent curve; THENCE Southwesterly along the arc of a non-tangent curve to the left, having a radius of 50.00 feet, a central angle of 87°15'29'', a radial line through said point bears N 03°53'27'' E, for an arc distance of 76.15 feet to a point of curvature of a reverse curve; Page 1 of 2 E:)[B::IB:[I' C G roup Septernber 16, 2004 WLB No. 186031-K-56A-1003 W:\LEGALS',,186031\Parcel 56\Land-Excha nge-6.doc THENCE Southwesterly along the arc of said reverse curve to the right, having a radius of 50.00 feet, a central angle of 54:05'33", for an arc distance of 47.20 feet to a point of tangency; THENCE S 60~43'31'' W, 54.22 feet; THENCE S 53°30'11" W, 53.50 feet to a point of curvature of a tangent curve concave to the North; THENCE Westerly along the arc of said tangent curve to the right, having a radius of 25.00 feet, a central angle of 17°12'01'', for an arc distance of 7.51 feet; THENCE S 40°53'47" W, 17.06 feet to a point on the Northeasterly right-of-way line of Silverbell Road' THENCE Northwesterly along said right-of-way line and the arc of a non-tangent curve to the left, having a radius of 1507.39 feet, a central angle of 06°47'03'', a radial line through said point bears N 51059'20'' E, for an arc distance of 178.48 feet to the POINT OF BEGINNING. CONTAINING 45,899 square feet or 1.05 acres of land, more or less. Prepared by: THE WLB GROUP, INC. Jack A. Buchanan, RLS JAB: mo o 899.97' NO1 °01 'O0"W 0 ,¢ x TOWN COUNCIL ~.~ MEETING TOWN OF MARANA ~ --~ INFORMATION ~ MEETING DATE: October 19, 2004 AGENDA ITEM: IX. B. 3 TO: FROM: SUBJECT: MAYOR AND COUNCIL Barbara C. Berlin, Planning Director Resolution No.2004-146: Relating to subdivisions; approving a Preliminary Plat for San Lucas Block 9. DISCUSSION APPLICANT The applicant is BCIF Group, L.L.C., represented by their engineering finn, MMLA, Inc., 800 E. Wetmore Road, Suite 110, Tucson, Arizona 85718. LOCATION The project is located north of Adonis Road, east of I-10, and west of Postvale Road alignment. This block is south of Cochie Canyon Trail, and east of Adonis Road, in a portion of Section 22, Township 11 South, Range 11 East. It is the first of twelve blocks to be developed for the San Lucas development. PROJECT DESCRIPTION The zoning for this project is R-6. The project consists of 20.66 acres with lots 1 through 95, and Common Areas "A" (Open Space), "B" (Drainage), and "C" (Private Park). The homes will be one and two-story single-family residences on minimum 6,000 square foot lots. The number and placement of the two-story residences are governed by the Residential Design Requirements of Ordinance 2004-04, and by the San Lucas Design Guidelines. These guidelines also address setback variations, variety and placement of floor plans and elevations, and other elements of the subdivision. In addition, a not will be added to the Final Plat that requires a minimum building separation of 15 feet per the Northwest Marana Area Plan. Setbacks will be in accordance with the R-6 zoning requirements. The lots range in size from a minimum of 6,000 square feet (lot 42) to a maximum of 14,155 (lot 5), with an average lot size of7,011 square feet. Development of the infrastructure that will support this development, and the other blocks within the block plat is planned to proceed in the fall of this year. This will include the construction of a new at-grade railroad crossing approved by Union Pacific Railroad and the Town of Marana, construction of a portion of the proposed extension of Adonis Road, construction of a portion of Cochie Canyon Trail, construction of a portion of the linear park to follow the alignment of Cochie Canyon Trail, and the installation of water and sewer lines from the west side of 1-10 to the project on the east side of I-10. 101904 PRV-04037PPSan Lucas Block 9.doc There are 1.82 acres of common area, including open space; drainage and utilities. There are 1.80 miles of public road. Ingress and egress for this project consists of a main entrance from Cochie Canyon Trail, a loop road, one cul-de-sac, and an ingress/egress road that continues through block 8. An easement agreement has been made with the developer of block 8 to provide secondary access to this block. Staff has asked that recording information (docket & page) be provided on the Final Plat. The street section for interior streets is a 46' right-of-way, with 16' travel lanes, 2' rolled curb, 5' sidewalks, and 10' public utility, roadway and signage easements. All streets are in compliance with Town Standards. The developer has provided a private, developed park site between lots 52 and 53. The design of the development of the park will be determined on the landscape plans, which have not been submitted at this time. The size of the park is 21,876 square feet, more than the requirement of 17,575, meeting the standards of the Marana Parks, Trails, and Open Space Plan. RECOMMENDATION Staff and the Planning Commission recommend approval of Resolution No. 2004-146 approving a preliminary plat for PRV-04037 San Lucas Block 9 with the recommended conditions. RECOMMENDED CONDITIONS 2. 3. 4. A water service agreement must be completed and approved by Mayor and Council prior to water plans being signed by the Utility Director. Prior to Council approval of the Final Plat this project shall be annexed into the Northwest Fire District. Add a note to the final plat stipulating building separations shall be 15' per the Northwest Marana Area Plan. The recorded easement for the second access through Block 8 shall be shown on the Final Plat with docket and page. SUGGESTED MOTION I move to approve Resolution No. 2004-146 with the recommended conditions. 101904 PRV-04037 San Lucas Block 9 PP.doc -2- MARANA RESOLUTION NO. 2004-146 RELATING TO SUBDIVISIONS; APPROVAL OF A PRELIMINARY PLAT FOR SAN LUCAS BLOCK 9. WHEREAS, BCIF Group, LLC, the owner of San Lucas Block 9, has applied for approval of a Preliminary Plat for 95 single-family detached homes on 20.66 acres, comprising Block 9, and including lots 1 through 95, and Common Areas "A" (Open Space), "B" (Drainage), and "C" (Private Park), and is generally located north of Adonis Road, northeast of 1-10, west of the Postvale Road Alignment in a portion of Section 2, Range 11 East, Township 11 South. WHEREAS, the Town Council, at their regular meeting on October 19, 2004 has determined that the San Lucas Block 9 Preliminary Plat should be approved subject to conditions; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that San Lucas Block 9 Preliminary Plat, a 95-1ot residential subdivision within the San Lucas Block Plat and generally located north of, Adonis Road, northeast of I- 10, west of the Postvale Road Alignment in a portion of Section 2, Range 11 East, Township 11 South is hereby approved subject to the following conditions: 2. 3. 4. A water service agreement must be completed and approved by Mayor and Council prior to water plans being signed by the Utility Director. Prior to Council approval of the Final Plat this project shall be annexed into the Northwest Fire District. Add a note to the final plat stipulating building separations shall be 15' per the Northwest Marana Area Plan. The recorded easement for the second access through Block 8 shall be shown on the Final Plat with docket and page. Marana Resolution No. 2004-146 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 19th day of October 2004. ATTEST: Mayor BOBBY SUTTON, JR. Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: Frank Cassidy as Town Attorney Marana Resolution No. 2004-146 I MARANA TOWN OF MARANA San Lucas Block 9 Block 9 San Lucas Request for approval for a 95-1ot single-family subdivision in the San Lucas Block Plat. TOWN OF MARANA Planning and Zoning Department 3696 W. Orange Grove Road + Tucson, AZ 85741 (520) 297-2920 Fa_x: (520) 297-3930 PLANNING & ZONING APPLICATION 1. TYPE OF APPLICATION (Check One) Preliminary Plat Final Plat Development Plan Landscape Plan Native Plant Permit General Plan Amendment Specific Plan Amendment Rezone Significant Land Use Change Variance Conditional Use Permit Other Assessor's Parcel Number(s) Gross Area (Acre/Sq. Ft.) 2. GENERAL DATA REQUIRED 217-27-0140 20.66 (899,949.6sf) Developmenff Project Name San Lucas Block 9 Project Location A portion of Sec 2, IGeneral Plan Designation (To be confirmed by staff) Current Zoxfing (To be confirmed by staff) Proposed Zoning T-11-S, R-11-E Description of Project Property Owner Street Address Contact Person Applicant Street Address Contact Person Agent/Representative Street Address Contact Person Single Family Residential BCIF Group, LLC MDR R-6 R-6 City ] State 6262 lq. Swan Road, Suite 125 Tucson AZ 85 718 520-529-1330 520-529-1312 rpzammit@msn, eom Bob Zammit BCIF Group, LLC 6262 N. Swan Road, Suite 125 Phone Number 520-529-1330 City [ State Tucson AZ Zip C~e Phone Number F~ Numar I E-Mail Address 85718 520-529-1330 520-529-1312 ] rpzamm±t@msn.com Phone Number Bob Zammit 520-529-1330 MMLA, Inc. 800 E. Wetmore Road, Suite 110 Zip Code Phone Number Fax Number 85719 520-292-2300 City State Tucson AZ I E-Mail Address 520-292-1290 pdavisOmmla.com Pattie Davis 3, AUTHORIZATIONO PROPERTY OWN ER , :~:~:: ~; ~. Marana Business License No. I, the undersigned, certify that all of the facts set forth in this application are tree to the best of my knowledge and that I am either the owner of the property or that I have been authorized in xwifing by the o~mer to file this application. (If not owner of record, attach written authorization from the owner.) Print Name of Applicant/A~ent Date ON,7 CRW No. ~) Received By~-'/~*-~::t ~ Fee Amount /" : / ? ___J TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: October 19, 2004 AGENDA ITEM: IX. B. 4 TO: FROM: SUBJECT MAYOR AND COUNCIL Michael A. Reuwsaat, Town Manager Action/Direction: Habitat Conservation Plan DISCUSSION At a study session on October 12, 2004, Leslie Liberti presented a comprehensive proposal regarding a draft Habitat Conservation Plan. The power point slides from that presentation are attached. RECOMMENDATION Staff requests Council direction to approve the draft Habitat Conservation Plan and to proceed with developing the HCP. SUGGESTED MOTION I move to approve the Town of Marana Administrative Draft Habitat Conservation Plan (HCP) for submittal to the Arizona Game and Fish Department and direct staff to continue developing the HCP. HCP/jcb l O/13/2004/12:08 PM Town of I~arana braft Habitat Conservation Plan October 12, 2004 Elements of an HCP Permit holder, duration, area Covered Activities Covered Species (6 proposed species) Impacts Avoidance, Minimization, Mitigation Monitoring and Adaptive Management Implementation (changed circumstances, funding) Impacts of Covered Activities ~ CFPO a3 known owls, male aAnticipated impact: 23,816 acres (74%) ~ BUOW al pair, 2 young last year aAnticipated impact: 8,986 acres (68%) =TSS nNone in Marana since 1979, 1 near Picacho this yr. aAnticipated impact: 13,712 acres (88%) Impacts of Covered Activities ~GS a3 recent records Jn Marana aAnticipated impact: 6,415 acres (62%) ~ LLNB aForagJng habitat only, nearest record 20 mi. away aAnticJpated impact: 12,672 acres (60%) ~ PTBB aForaging habitat only, nearest record >15 mi. away aAnticipated impact: 7,294 acres (65%) Impacted CFPO Habitat Map 1: habitat maps for both owls Impacted BUOW dabitat Map 1: habitat maps for both owls ;Impacted G$ Habitat Map 2: habitat maps for both snakes ];mpacted T55 Habitat Map 2: habitat maps for both snakes Impacted LLNB Habitat Map 3: habitat maps for both bats ;Impacted PTBB Habitat Map 3: habitat maps for both bats Conservation Strategies Avoidance, Minimization, and Mitigation Measures CFPO Strategy A Section 7-based Strategy a Apply similar standard as in Section 7 consultations a Key concern is protecting existing owls/territories a Disturbance limits most restrictive on lands in southeast portion of Town (mostly private); limits less restrictive in areas with no existing disturbance (State Lands) Map 4: Pygmy-owl territories CFPO Locations CFPO Strategy A BEROD - up to 60% disturbance a West side complies with terms of BEROD Development zones (supercedes BEROD) a Zone 1: 20-30% disturbance a Zone 2: 40-60% disturbance a Zone 3: no less than 70% disturbance Conservation easement on NUOS Environmentally sensitive road design; revegetate utility easements No lethal take ¢FPO Zones Map 5: Pygmy-owl development zones for Strategy A CFPO Strategy I~ Preserve/augmentation strategy [] Landscape approach ,-, Preserve areas where little/no disturbance [] Create new population center ¢, Increased flexibility for pdvate developers a Preserve value of trust lands to State * WIN-WIN * CFPO Strategy B TortolJta Preserve Expansion - set aside additional 16,200 acres +l- Augmentation BEROD - up to 60% disturbance oWest side complies with terms of BEROD Movement corridors (Tangerine Road) Envirenmentally sensitive road design; revegetate utility easements No lethal take ;FPO Preserve Map 6: Pygmy-owl preserve for Strategy B Comparison of Strategies Impact to CFPO [:Habitat loss: 16,§29 (47%) versus 9,361 acres (27%) [:Individuals: protect 3 vs. protect 3 + augment (64 owls) [:Landscape: small set-aside areas vs. large preserve Benefits to landowners [:Private: 20-30% disturbance for most vs. up to 60% - Zone 1: 170% increase in allowable disturbance [:Developers: surveys & HCA-managed NUOS vs. fee ,',ASLD: 40% disturbance vs. up to 60% -,Others: CFPO mitigation bank (plus 404?) BUOW Strategy Protected floodway zone (>2,000 acres) BUOW management areas a at least 3 non-contiguous areas ,', at least 20 acres a artificial burrows, up to 3/acre ~ near foraging habitat Surveys plus passive eviction Education Coordinate with other jurisdictions Potential ~OMAs Map 7: Burrowing owl management areas ~5 Strategy Floodway a BUOW floodway zone protection Tortolita Mtns. a CFPO strategy a Existing plans 1-10/CAP canal wedge o Development guidelines a Marena Mounds T55 Strategy A Survey potential habitat for 5 years Restrict development of State Land in Marana with potential habitat for 5 years If snakes are found within permit period, future development must mitigate through acquisition of off-site habitat T55 Strategy B Mitigate all potential habitat in Town through off-site land acquisition No surveys for snakes required T$$ ~itigation Areas Map 8: Shovel-noseri snake mitigation areas Bets Can address through the CFPO and BUOW strategies LLNB a Floodway restrictions: 1684 acres r, Fan development restrictions: 6,323 vs 13,844 acres PTBB o Floodway restrictions: 35 acres a Fan development restrictions: 4,718 vs 6,983 acres Combined Land Commitment Map 9: Set aside areas ~ombined Monitoring Map 10: Monitoring/survey A rea areas Administrative Draft HCP I  oint: Move f~ ich species? .J ccss? (seatO I · I YES I a) IGA I I b) Draft HCP ! ~ c) Draft EA/EIS I II d) Public Input vi ..... application with draft HCP and draft EA/EIS a) Negotiate year-2 IGA b) Refine Draft HCP - Augmentation details - Implementation (especially cost) - Changed circumstances c) Draft EMEIS - EA or EIS? - Option for 404 mitigation? d) Public Input ! - .~ _V~_O_, h_o_w _m~.~_h,_whc_n~ .... Final Draft HCP and EA/EIS completed [ YES Submit permit NEPA ] .... I HCP -,. I apphcatlon wire ~ ~ process [ draf~ HCP and I analysis J ~ I draft EMEIS I Public Scoping; I ] Internal Section [ receive and ~ /I 7 consultation I review commentsI ",~..__ .x~ · Result - f "C~'.an° I Result: --: I t~¢ I Biological oFrORNoS~)(cEE~} ,~ ~Xpermit/ Opinion(BO), ~ ~ ~ Implementing I Agreement (IAI and Set of Implement HCP Findings 6 MEETING TOWN OF MARANA ~~ INFORMATION ~ MEETING DATE: October 19, 2004 AGENDA ITEM: IX. B. 5 TO: FROM: SUBJECT MAYOR AND COUNCIL James R. DeGrood, P.E. Executive Asst. to Town Manager Adoption of 5-Year Capital Improvement Program for Roadways DISCUSSION Concurrent with the Council's recent adoption of a sales tax increase to fund regional roads, Council directed staff to develop a comprehensive 5-year capital improvement program (CIP) for roadway projects. This CIP includes all projects for which the Town is seeking funding from the Pima Association of Governments (PAG), together with projects which are funded using Construction Sales Taxes and the newly adopted sales tax for regional roads. The CIP is presented to Council in a spreadsheet format, with the end-of-year transportation fund balance shown at the bottom of the spreadsheet. The proposed list of projects will require over $167 million to construct, the most significant of which are for the Twin Peaks Interchange and roads leading directly to this new interchange. The second most significant expenditure is for ~mprovements to Ina Road, including a railroad overpass, widening to 6 lanes between the interstate and the Canada Del Oro, together with a replacement bridge over the Santa Cruz River. Funding will come principally from three sources: State and Federal share money as distributed by PAG, Sales Taxes (Construction and Regional Road) and Impact Fees. At this time, the only impact fees which have been budgeted for are associated with the Twin Peaks Interchange. Any future impact fees which may be collected for Northwest Marana will be separately programmed. The proposed CIP shows a cash flow shortfall of over $30 Million at one point in the CIP. This diminishes at the end of the CIP, but will need to be addressed. Bonding against the income stream associated with the Regional Road sales tax is recommended, and could easily generate up to $40 Million assuming conservative economic growth. Bond issuance timing will need to be carefully considered to avoid arbitrage issues; therefore a schedule is not proposed in this CIP. RECOMMENDATION Staff recommends adoption of the proposed CIP for Roadways. SUGGESTED MOTION I move to adopt the proposed 5-Year Capital Improvement Program for Roadways. o Il. Y I m 1 41 o ..n 3 z m LUCKETT RD n / 0 AVRA RD A AVRA RD O��C WENTZ RD p m O = y a ti m c SANDERS RD - -A A X 2 m o n v o �dl y 3 Z SANDARIO RD v m y n ,y� ��� m y z m y p POSTVALE RD -4 m n r o v n PATTON RD a m z m v 0 a 0 SGENICKDR i2J -i WA ,E R A rn rrl v c 3 ��O Z HARTMAN LN HA�T.MAN.L -N — - rn ' (0 CAMtNO DE OESTE . _ �CAMINO DE OESTE A LN 7a rn m 3 THORNYDALE RD Z Q) 9 O x A 'L,9 ° y � m I V28311 V9 30 ONIW VD i O I An CIH NONNVHS a O21 NONNVHS i y ° 2 I O _ I I - � I o I v � v I v ,