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**AMENDED (09/05/06, 4:30 p.m.) AGENDA ORO VALLEY TOWN COUNCIL REGULAR SESSION SEPTEMBER 6, 2006 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 7:00 PM CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE UPCOMING MEETING ANNOUNCEMENTS —TOWN MANAGER COUNCIL REPORTS DEPARTMENT REPORTS TOWN MANAGER'S REPORT The Mayor and Council mayconsider and/or take action on the items listed below: ORDER OF BUSINESS: MAYOR WILL REVIEW THE ORDER OF THE MEETING CALL TO AUDIENCE — At this time, any member of the public is allowed to y address the Mayor and Town Council on any issue not listed on today's agenda. Pursuant to the Arizona Open Meeting Law, individual Council Members may ask Town Staff to review the matter, ask that the matter be placed on a future agenda, or respond and to criticism made by speakers. However, the Mayor and Council maynot discuss or take legal action on matters raised during "Call to Audience." In order to speak during "Call to Audience" please specify whaty ou wish to discuss when completing the blue speaker card. 1. PRESENTATIONS PresentationPlaques of of Appreciation to outgoing Board/Commission p members Presentation of BuildingConcept by Northern Pima County Chamber of Commerce 2. CONSENT AGENDA (Consideration and/or possible action) A. Minutes — 07/19/06, 07/26/06, 08/16/06 B. Police Department Monthly Report — July 2006 09/06/06 Agenda, Council Regular Session 2 C. Resolution No. (R)06-66 Approval of an Intergovernmental Agreement between Amphitheater School District and the Town of Oro Valley for the Joint Use of Public School Facilities in Oro Valley D. Resolution No. (R)06-67 Acceptance of bid and award of purchase to Equipment Technology, LLC for a Lift Truck in the amount of$72,783.00 for Public Works Operations Division E **. • e. . . -- e e e-- e •- See Public Hearing for this item listed under Number 6 F. Resolution No. (R)06-69 Acceptance of bid and award of contract for the Annual Special Maintenance Contract, Project No. OV 30 06/07 01 to Southern Arizona Paving & Construction Co. in the amount of $61,170.00 G. Resolution No. (R)06-70 Acceptance of bid and award of contract for Rancho Feliz Pavement Rehabilitation Project, Phase II, Lots 353-389, Project No. OV 30 05/06 06 to Southern Arizona Paving & Construction Co. in the amount of $192,740.00 H. Resolution No. (R)06-71 Approving the assignment of the Intergovernmental Agreement for certain Technical, Circulation and Collection Maintenance Services from the City of Tucson to Pima County for the Town of Oro Valley Library I. Resolution No. (R)06-72 Authorizing and Approving a Contract with Westland Resources, Inc. for Professional Engineering Design Services 8-Inch Main Extension on Oro Valley Drive, Design Fee $73,950.00 J. Resolution No. (R)06-73 Declaring that document known as Article 6-10 of the Town Code, entitled "Historic Preservation Code", to be a Public Record K. Resolution No. (R)06-74 Exchanging a portion of the right-of-way on Avenida Vallejo for new public right-of-way and grading easements L. Approval of Memorandum of Understanding with Oro Valley Historical Society 3. PUBLIC HEARING #1 REGARDING THE IMPLEMENTATION OF A LOCAL SALES TAX ON UTILITY SERVICES, WHICH INCLUDE ELECTRICITY, NATURAL GAS AND WATER Explanation: Members of the public will be given an opportunity to speak during the first of two public hearings regarding the possible implementation of a sales tax on utility services. The second public hearing and possible ordinance adoption is scheduled for September 20, 2006. 4. PUBLIC HEARING —APPROVAL OF APPLICATION FOR A PERSON TRANSFER AND LOCATION TRANSFER OF A SERIES 06 (Bar) LIQUOR LICENSE FOR FAMOUS SAMS #17 LOCATED AT 8058 N ORACLE ROAD 1110 09/06/06 Agenda, Council Regular Session 3 5. PUBLIC HEARING - ORDINANCE NO. (0)06-14 REPEALING (0)04-23 ORDINANCE NO. AND AUTHORIZING AND APPROVING THE TOWN OF ORO VALLEY TO EXCHANGE APPROXIMATELY 4.12 ACRES OF TOWN OWNED PROPERTY, LYING WITHIN PIMA COUNTY , #219-51-001A FOR APPROXIMATELY 3.52 ACRES OF PARCEL PROPERTY HELD BY FIDELITY NATIONAL TITLE TRUST NO. 60,217, LYING WITHIN PIMA COUNTY PARCEL #219-49-0040, LOCATED ALONG THE PROPOSED ROUTE OF THE LA CANADA DRIVE EXTENSION BETWEEN TANGERINE AND MOORE ROADS, TO FACILITATE ROADWAY CONSTRUCTION **PUBLIC HEARING - RESOLUTION NO. (R)06-68 VACATING A PORTION OF AN ALLEY WITHIN THE SHADOW MOUNTAIN ESTATES SUBDIVISION 7. FUTURE AGENDA ITEMS (The Council may bring forth general topics for g future meeting agendas. Council may not discuss, deliberate or take any presented on p the topics pursuant to ARS 38-431.02H) —At this time, anymember of the public is allowed to CALL TO AUDIENCE address the Mayor and Town Council on any issue not listed on today's ilhor Open Pursuant to the Arizona O en Meeting Law, individual Council Members may ask Town Staff to review the matter, ask that the matter be placed or respond to criticism made by speakers. However, the on a future agenda, p Mayor and Council may not discuss or take legal action on matters raised during "Call to Audience." In order to speak during "Call to Audience" please specify p what you wish to discuss when completing the blue speaker card. ADJOURNMENT AMENDED AGENDA POSTED: 09/05/06 POSTED: 08/28/06 . 4:00 p.m. 4:30 p.m. LH LH packet of agenda materials as listed above is available for When possible, a g 24 hours prior to the Council meeting in the office of the public inspection at least Town Clerk between the hours of 8:00 a.m. — 5:00p.m. p The Town of Oro Valley complies with the Americans with Disabilities Act (ADA). If any person with a disability an needs type of accommodation, please notify Y Yp Clerk'sOffice at least five days prior to the Council meeting at 229- 4700. 29- the Town Y 47 00. 09/06/06 Agenda, Council Regular Session 4 INSTRUCTIONS TO SPEAKERS Members of the public have the right to speak during any posted public hearing. However, those items not listed as a public hearing are for consideration and action by the Town Council during the course of their business meeting. Members of the public may be allowed to speak on these topics at the discretion of the Chair. If you wish to address the Town Council on any item(s) on this agenda, please complete a speaker card located on the Agenda table at the back of the room and give it to the Town Clerk. Please indicate on the speaker card which item number and topic you wish to speak on, or if you wish to speak during "Call to Audience", please specify what you wish to discuss when completing the blue speaker card. Please step forward to the podium when the Mayor announces the item(s) on the agenda which you are interested in addressing. 1. Please state your name and address for the record. 2. Speak only on the issue currently being discussed by Council. Please organize your speech, you will only be allowed to address the Council once regarding the topic being discussed. 3. Please limit your comments to 3 minutes. 4. During "Call to Audience" you may address the Council on any issue you wish. 5. Any member of the public speaking must speak in a courteous and respectful manner to those present. Thank you for your cooperation. N JUL 4". j Sa ler-Brown Bolduc Lara bel architects,[.I.c. 1001 North Alvernon Way,Suite 105 Tucson,Arizona 85711-1019 Tel 520.620.0255 Fax 520.620.0535 Email:sbbl@sbbl.biz July 7, 2006 Mr. Matt Michels Senior Planner Town of Oro Valley 11000 North La Canada Drive Oro Valley, Arizona 85737 RE: OV12-06-01a, grading exception for a portion of property within the Shadow Mountain Estates East Subdivision, located along the east side of Oracle Road approximately one tenth of a mile north of Hardy Road, parcel 225-12-066C. SBBL Project No. 05087.01 Dear Mr. Michels: In response to the Development Review Board's decision of June 29, 2006, todeny the grading exception for the above-noted project, Sayler-Brown Bolduc Lara Architects, LLC ("SBBL") would like to file an appeal on behalf of our client. In the Staff Report from Paul Keesler, Development Review Division Manager, to the Development Review Board for the session June 29, 2006, he states under"Recommendation" on Page 9 of 9: "The Department of Public Works and Planning staff have reviewed the grading exception request and recommend conditional approval of OV12-06-01A, Grading Exception Request for Shadow Mountain Estates East, subject to the conditions specified in Exhibit"A." We are requesting that the Town of Oro Valley reconsider this denial and grant the grading exception. If there is any additional information we could provide that would expedite this matter, please feel free to contact me. Thank you for your time and assistance in this matter. Sincerely, SAYLER-BROWN BOLDUC LARA ARC IT 'TS, L.L.C. rar4Oviry virierjor Victor R. Bolduc, AIA Principal VB:Ifr TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: September 6, 2006 LIP TO: HONORABLE MAYOR & COUNCIL FROM: Kathryn Cuvelier, CMC Town Clerk OF PLAQUES OF APPRECIATION TO OUTGOING BOARD AND SUBJECT: PRESENTATION Q COMMISSION MEMBERS SUMMARY: appreciation bypresentingthe following Plaques of Appreciation to the Mayor Loomis will show the Town's outgoing Board and Commission members listed below: g g Nancy Mager, Historic Preservation Commission April 2005 - July 2006 Patricia Sturmon, Historic Preservation Commission July 2005 - August 2006 Dan Sturmon, Development ment Review Board July 2004 - August 2006 1 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: September 6, 2006 TO: HONORABLE MAYOR & TOWN COUNCIL FROM: David Welsh, Economic Development Administrator SUBJ: Presentation on the Northern Pima County Chamber of Commerce Building Concept Summary SUMMARY: The Northern Pima County Chamber of Commerce (NPCCC) is exploring the feasibility of building/buying its own facility to house its operations and staff. Asap art of this exploration NPCCC requested an opportunity to present to the concept to Oro Valley Mayor and Council. The following individuals will be present to discuss the NPCCC Building Concept t Summary: Mr. Jerry Bustamante, Executive Director, NPCCC Mr. Paul Kappelman, Chief Executive Officer, Northwest Medical Center— Oro Valley ATTACHMENTS: Northern Pima Cou► Cha ber of Commerce Building Concept t Summary 16.-411411a . David Welsh, ' con. is Development Administrator , : _...,„_,_ David Andrews, Town Manager , ! ,, w Clg 0 v >- at .Z�`'a+ y w �~ x = Z 1 i v M` 0 0:11. V ex X`,;;, a,acc • -,,,,;:c_kz: 't, ' oa A re= ‘,,,‘, ‘fr,vo ‘ „it; , ,!‘2, so ';; 14 6110 1__ 4 f� vR. , GSC ,.-7,,-.4fL 4....:-.404.':,, i, all ', Fr s•,,a�'"Y^�^i-Y'fir•. *,� 'MIMI , �t y t e':„ •:4-7. r.. _1 e i. V >11111 1.. 1 tt i•(11) a, . y A_,'-°;',/ . 1t,,la V V' , 1 I I -- ---,---- ...1,11--mrj..-:.‘ir ' .. .i. i. ,....., -.,....-..;__.4.----- , Iiii,•• .,!-f. h. a i,r,,e. 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' • k.).• \M k C A.,tk ,,,, hi` _,,.: , • °t4.1 • om.' W.,:'::-..-itk.__,.•,...\iks_ — 777.-4::::„... -- _ ' V w , a: ...', cr .,.,,, ."--", .... ...7..,._. .--.17:::: 5 1/11:1 rho U '\ allr , 1, \i 11111111111 _ \� / — 111 A MINUTES ORO VALLEY TOWN COUNCIL REGULAR SESSION JULY 19, 2006 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 5:00 PM CALL TO ORDER 5:00 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Terry Parish, Vice Mayor Paula Abbott, Council Member K.C. Carter, Council Member Helen Dankwerth, Council Member Barry Gillaspie, Council Member Al Kunisch, Council Member EXECUTIVE SESSON AT OR AFTER 5:00 PM MOTION: A MOTION was made by Council Member Dankwerth and SECONDED by Council Member Carter to go into Executive Session for the following purpose: Iwo Pursuant to ARS 38-431.03.A(1), Council mayvote into to go into Executive Session for the discussion and consideration of selection, appointment and employment of a new Town Manager, including interview of internal applicant(s). Mayor Loomis announced that in addition to the Town Council, Assistant Town Manager David Andrews and Human Resource Director Sandra Abbey would also be present in Executive Session. MOTION CARRIED, 7 - 0. MOTION: A MOTION was made by Vice Mayor Parish and SECONDED by Council Member Dankwerth to go out of Executive Session at 6:54 p.m. Motion carried, 7 — 0. RESUME REGULAR SESSION AT OR AFTER 7:00 PM CALL TO ORDER 7:00 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Terry Parish, Vice Mayor Paula Abbott, Council Member K.C. Carter, Council Member Helen Dankwerth, Council Member 07/19/06 Minutes, Council Regular Session 2 Barry Gillaspie, Council Member Al Kunisch, Council Member PLEDGE OF ALLEGIANCE Mayor Loomis led the audience in the Pledge of Allegiance. UPCOMING MEETING ANNOUNCEMENTS Town Manager Chuck Sweet reviewed the upcoming meetings and events. COUNCIL REPORTS — No reports. DEPARTMENT REPORTS — No reports. TOWN MANAGER'S REPORT — No report. CALL TO AUDIENCE Art Segal, 10148 Ng . Bighorn Butte, stated that many people are questioning the status of theTown's fire service, Golder Ranch Fire District annexations and rate increases. He asked if there were anyalternatives for neighborhoods that might not want to be annexed into the Golder Ranch Fire Service area. Council Member Abbott requested that the Town Manager or Legal staff visit with Mr. Segal regarding his questions and concerns. 1. PRESENTATIONS Presentation of Plaques of Appreciation to outgoing Board and Commission members Mayor Loomis presentedPlaques of Appreciation to the following outgoing Board pp p and Commission Members: Development Review Board — Mary Caswell and David Johnson; Finance & Bond Committee — Lyra Done; Parks & Recreation Advisory Board — Laura Clark, Tom Honebrink and Mark Arneson; Planning & Zoning Commission — Don Manross; Storm Water Utility Commission — Peter Salonga, and Water UtilityCommission — Mike Caporaso, Gregg Forszt and Kelle Maslyn. Presentation of $1,000 for the Naranja Town Site by the Northern Pima County Chamber of Commerce p Jeff Jones and Ken Blanchard representing the Northern Pima County Chamber of Commerce presented the Town with a check in the amount of $1,000 for the Naranja Town Site fund. 07/19/06 Minutes, Council Regular Session 3 Presentation of $1,000 for the Naranja Town Site by James Kriegh James Kriegh presented the Town with a personal check in the amount of $1,000 for the Naranja Town Site fund. Mayor Loomis also recognized Satish Hiremath (Hiremath Family Dentistry) and Kit and Paula Donley (Mercado del Rio) for their $1,000 donations for the Naranja Town Site fund. Vice Mayor Parish also thanked Ventana Medical Systems for "leading the charge" with their previous donation and challenge to others to donate to the Naranja Town Site fund. Presentation of the Governmental Finance Officers Association Certificate of Achievement for Excellence in Financial Reporting for the Town's FY 2004/05 Comprehensive Annual Financial Report Mayor Loomis explained that the Town has received a Certificate of Achievement for Excellence inFinancial Re Reporting bythe Governmental Finance Officers p g Association for the twelfth consecutive year. He presented the award to Accounting Supervisor Mary Rallis and thanked her for her hard work. Presentation of Design — 2006 Transportation Art by members of the 411110 Youth Summer Program Parks and Recreation Administrator Ainsley Reeder introduced Amy Kyle, Artist Supervisor, and the local high schools students who worked on the "Oro Del Cairns" project that is located on La Canada between Tangerine Road and Moore Road. Ms. Kyle and the students presented a PowerPoint presentation showing the design of the project and pictures of the students at work. The following students were associated with the project and spoke to the Council about their experience on the project: Bryce Tierney, Sabrina Savage, Zane Guiterrez, Julie Mayes, Samantha Huggins, Tanya Brandom, Shawna Brandom, Ethan Sandoval and Angela Ralambos. 2. CONSENT AGENDA At the request of Council Member Dankwerth, Mayor Loomis pulled Items J and O from the Consent Agenda for discussion. MOTION: A MOTION was made by Vice Mayor Parish and SECONDED by Council Member Gillaspie to approve the Consent Agenda minus Items J and O. 4111, A. Minutes - 05/25/06; 05/31/06; 06/07/06; 06/12/06; 06/21/06 Minutes, Council 07/19/06 Regular Session 4 B. Building Safety Report - June 2006 C. Police Department Monthly Report - May 2006 D. Water Utility Report on Emergency Pipeline Repairs E. Status Reportregarding re ardin Rancho Vistoso Boulevard and Innovation Park Drive Traffic Signal F. Resolution No. (R)06-49 Authorizing the Town of Oro Valley Police Department to enforce speed limits and other safety p measures on the "Loop Road", privately owned by Vestar, that will run through Oro Valley Marketplace Resolution No. (R)06-50 Authorizing the execution of a grant G. applicationby the Oro Valley Police Department to the Governor's OfficeHighwaySafety of Hi hwa for funding light towers, traffic control signs, laptop, projector and screen H. Resolution No. (R)06-51 Authorizing the execution of an Intergovernmental Agreement between the Town of Oro Valley and the Cityof Tucson for fixed route bus and ADA Paratransit Certifications pursuant to Arizona Revised Statutes, Section 11-952 Resolution No. (R)06-52 Affirming the Town of Oro Valley's commitment to share in the construction of a .6-mile long shared useath alongthe Canada Del Oro Wash between First Avenue p and Steam Pump Ranch contingent on the successful procurement • of a 2006 round 14 Transportation Enhancement Grant in the amount of $500,000 J. Resolution No. (R)06-53 Approving the establishment of"No J parking" signs in the twelve hammerhead areas in the Catalina Shadows subdivision (PULLED FOR DISCUSSION) K. Resolution No. (R)06-54 Entering into a Memorandum of Understanding (MOUbetween Public Safety Employees and the Town of Oro Valley pursuant to Chapter 4, Section 4-1-8 of the Town Code, Public Safety Employee Relations and Processes for thep eriod of July 1, 2006 through June 30, 2007 L. Resolution No. (R)06-55 Authorizing and executing an amended License Agreement between the Town of Oro Valley and the Monterra Hills Homeowners Association to allow for the placement of lettering on existingdecorative walls within the Naranja Drive rightOof-way at Sawtooth Road M. OV5-06-04 Approval of a public art application related to Splendido development of Retirement Community, located on the p east side of Rancho Vistoso Boulevard just south of Vistoso Highlands Drive, Parcel #219-21-627B (Continued from June 7, 2006) N. OV5-05-01 B Approval of public art for Kohl's Department Store within the Oracle Crossing Shopping Center, located south of Magee Road and on the west side of Oracle Road g 0. OV12-04-14A Approval of a one year time extension to expire on June 15, 2007 for a Preliminary Plat, located on the southwest 07/19/06 Minutes, Council Regular Session 5 corner of Tangerine Road and First Avenue, Parcel #224-02-017A tho. (PULLED FOR DISCUSSION) P. Approval of Arizona Municipal Risk Retention Pool settlement of Pille litigation, Pima County Superior Court No. CV2005 6508, and Olson litigation, Pima County Superior Court No. CV2006 0952, to include the Town's $10,000 deductible amount Q. Appointment of George Glos to fill the immediate vacancy on the Stormwater Utility Commission with a term ending June 30, 2007 J. RESOLUTION NO. (R)06-53 APPROVING THE ESTABLISHMENT OF "NO PARKING" SIGNS IN THE TWELVE HAMMERHEAD AREAS IN THE CATALINA SHADOWS SUBDIVISION Council Member Dankwerth commented that the placement of signage by the Town seemed to be more of a convenience than a safety issue. She questioned the spending of $1,440 by the Town and suggested that the Homeowner's Association (HOA) pay to place the signs in their subdivision if this was a matter of convenience. Town Engineer Craig Civalier explained that Public Works was responding to concerns expressed by the citizens regarding parked in the hammerheads g g cars (T-turnarounds) and the fact that the garbage trucks can not get in to the area to empty the cans. He stated that it is a citizen driven issue but staff is trying to 4111* respond to them. Council Member Abbott commented that the issue of hammerheads has come up before and it is an issue of safety when the garbage trucks have to back up "blindly" because there is not room for them to turn around. She also asked if there were other areas in the Town that have hammerheads. Mr. Civalier stated that there are a few subdivisions that have hammerheads but the Town's subdivision standards no longer allow hammerheads on public streets. He further stated that safety is an issue with the larger garbage trucks trying to get out of these areas. Mayor Loomis commented that Catalina Shadows neighborhood was annexed in to the Town after it was built out and; therefore, was approved under Pima County standards. In response to comments and a question from Council Member Kunisch, Commander Larry Stevens explained that the Police Department enforces "No Parking" if signs are posted by the Town but they do not enforce Homeowner Association rules. Further discussion followed regarding the safety factor involved in these types of 41111, areas, enforcement of the signage and should the HOA pay for this signage. 07/19/06 Minutes, Council Regular Session 6 Council Member Abbott asked that staff identify other areas in the Town that have hammerheadspresent and that information to the Town Council. Parish moved to approve Resolution (R)06-53. Council MOTION: Vice Mayor pp Member Abbott seconded the motion. Motion carried, 5 — 2, with Council Members Dankwerth and Kunisch opposed. 0. 0V12-04-14A APPROVAL OF A ONE YEAR TIME EXTENSION TO EXPIRE ON JUNE 15, 2007 FOR A PRELIMINARY PLAT, LOCATED ON THE SOUTHWEST CORNER OF TANGERINE ROAD AND FIRST AVENUE, PARCEL #224-02-017A Church, representing Diversified Partners, explained that they Frank Bangs, 1 S. p g year requesting a one time extension. He explained that they are going to filing the finalplat within one week. The delay has been in getting timely responses from Pima CountyWastewater Management and also to provide easements to the County over land that is currently owned by Walgreen's. He extension would also put the plat's deadlines in sync with the explained that the development plans. MOTION: Council Member Dankwerth moved to approve OV12-04-14A. MOTION SECONDED by Council Member Carter. AMENDMENT TO THE MOTION: Council Member Abbott moved to amend the motion by adding:: The time extension be for 6 months rather than 1 year expiring in December 2006. Council Member Carter SECONDED the amendment. MOTION AS AMENDED FAILED 3 - 4 with Council Members Dankwerth, Kunisch and Mayor Loomis and Vice Mayor Parish opposed. y MOTION: Vice Mayor Parish MOVED to approve OV12-04-14A one year time extension to expire on June 15, 2007. MOTION SECONDED by Council Member Dankwerth. MOTION carried 5 - 2 with Council Members Abbott and Carter opposed. 3. PUBLIC HEARING — RESOLUTION NO. (R)06-56 ADOPTING THE FINAL BUDGET OF THE TOWN OF ORO VALLEY FOR FY 2006-2007 IN THE AMOUNT OF $105,869,650 AND THE CAPITAL IMPROVEMENT PLAN FOR FISCAL YEAR 2006-2007 Finance Director Stacey Lemosreported that on June 21, 2006 the Town Council adopted the Tentative Budget and set the Local Expenditure Limitation for fiscal year 2006/07 in the amount of $105,869,650. She further reported that the motion included approval of a new step pay plan for all commissioned and non- commissionedpolicepersonnel and a new salary scale for all other civilian town staff to include a 3% cost of living adjustment and appropriate market adjustments. Ms. Lemos stated that the Tentative Budget also included an 07/19/06 Minutes, Council Regular Session 7 additional $1.2 million as a placeholder for 18.5 new positions contingent upon the adoption of a utility sales tax prior to September 30, 2006 or identification of other recurring revenue that may be used. Ms. Lemos noted that the Final Budget is the same as the Tentative Budget except for two requested changes: 1) $25,000 to retrofit two intersections with emergency Opticom equipment, and 2) increase the Public Transit Fund budget by $9,500 to compensate for cost increases in the City of Tucson Intergovernmental Agreement for Sun Tran Services and ADA eligibility determinations. Ms. Lemos also reported that the 5-Year Capital Improvement Plan (CIP) for fiscal years 2006/2007 through fiscal years 2010/2011 is included for Council's consideration and approval with the first year CIP costs included in the Final Budget. In response to a question from Mayor Loomis, Town Engineer Craig Civalier explained that the Opticom equipment is now included as a requirement of the design and/or installation of any new or re-built traffic signal. In response to a question from Council Member Gillaspie, Mr. Civalier also explained that there is an Intergovernmental Agreement between Golder Ranch Fire District and the Arizona Department of Transportation (ADOT) that provides that Golder Ranch will provide the funding for the systems and ADOT will install and maintain those traffic light systems that are under ADOT's jurisdiction. Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed. MOTION: Council Member Dankwerth MOVED to ADOPT Resolution No. (R)06- 56 adopting the Final Budget for FY 2006/2007 and to approve the Capital Improvement Plan for FY 2006/2007 through 2010 - 2011. MOTION SECONDED by Council Member Carter. MOTION carried 6 - 1 with Council Member Abbott opposed as she felt some critical staff positions should have been funded. 4. DISCUSSION AND POSSIBLE ACTION REGARDING SELECTION, APPOINTMENT AND EMPLOYMENT OF A NEW TOWN MANAGER MOTION: Council Member Gillaspie MOVED to appoint David Andrews as the new Town Manager effective September 1, 2006 and direct the Human Resources Director to negotiate a contract effective September 1, 2006 for Mr. Andrews and return to an Executive Session for review by the Mayor and Council prior to approval. MOTION SECONDED by Council Member Dankwerth. MOTION carried 7 - 0. 07/19/06 Minutes, Council Regular Session 8 Mayor Loomis recessed the meeting at 8:10 p.m. The meeting resumed at 8:20 p.m. 1. PUBLIC HEARING - OV8-06-01 REQUEST FOR APPROVAL OF A CONDITIONAL USE PERMIT FOR CHILI'S RESTAURANT TO ALLOW THE SALE OF LIQUOR, LOCATED WITHIN PHASE II OF THE STEAM PUMP VILLAGE DEVELOPMENT IN PROXIMITY TO THE INTERSECTION OF ORACLE ROAD AND HANLEY BOULEVARD, PARCEL #220-08-001V Community Development Develo ment Director Brent Sinclair reported that a liquor license for Chili's Restaurant was approved by Council on June 21, 2006 as mandated by Arizona State Law. He explained that a Conditional Use Permit (CUP) is required by the Town's Zoning Code in order to allow restaurants to serve granting alcoholic beverages in a C-1 Commercial District. He reported that the gra g of a CUP is based on the following: 1) The granting of a CUP shall not be detrimental to the public health, safety or welfare; and 2) Proposed use must be reasonably compatible with other permitted uses in the area. He further p explained that at their June 6, 2006 meeting, the Planning and Zoning Commission recommended approval of the CUP. Mike Stults, Brinker International, Property Development Manager for Chili's Grill Bar, explained that Chili's is a casual, family dining facility and will work well andp o in the Steam Pump Village setting. He stated that 6% — 8% of their average ticket sales are liquor sales which is low for most restaurants with bar services. Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed. MOTION: Vice Mayor Parish MOVED to approve OV8-06-01, Conditional Use Permit. MOTION SECONDED by Council Member Abbott. MOTION carried 7 - 0. 2. PUBLIC HEARING —APPROVAL OF AN APPLICATION FOR A PERSON TRANSFER FOR A SERIES 09 (LIQUOR STORE) LIQUOR LICENSE FOR THE ALBERTSON'S #995 STORE LOCATED AT 10805 N ORACLE ROAD public hearing. There being no speakers, the public Mayor Loomis opened the g hearing was closed. Nicholas Guittilla, Guittilla and Murphy Law Firm, representing Albertson's explained that this Person to Person Transfer is being requested due to corporate restructuring. MOTION: Vice Mayor Parish MOVED to recommend approval of the liquor license to the State Liquor Board. MOTION SECONDED by Council Member Kunisch. MOTION carried 7 - 0. 07/19/06 Minutes, Council Regular Session 9 7. PUBLIC HEARING — ORDINANCE NO. (0)06-10 RELATING TO THE PRIVILEGE LICENSE TAX; ADOPTING "THE 2006 AMENDMENTS TO THE TAX CODE OF THE TOWN OF ORO VALLEY" BY REFERENCE; ESTABLISHING AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY AND PROVIDING PENALTIES FOR VIOLATIONS; AND DECLARING AN EMERGENCY Finance Director Stacey Lemos explained that Arizona cities and towns that have adopted the Model Cities Tax Code must from time to time act on tax code amendments which are coordinated by the League of Arizona Cities and Towns and approved by the Municipal Tax Code Commission. She explained that adoption of Ordinance (0)06-10 would incorporate the 2006 tax code amendments into the Town's Tax Code. Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed. MOTION: Vice Mayor Parish MOVED to ADOPT Ordinance No. (0)06-10. MOTION SECONDED by Council Member Dankwerth. MOTION carried 7 - 0. 8. PUBLIC HEARING AND POSSIBLE APPROVAL OF PRELIMINARY LIST OF ITEMS TO BE RECOMMENDED FOR THE 2008 PIMA COUNTY BOND ELECTION Parks and Recreation Administrator Ainsley Reeder explained that Pima County Natural Resources, Parks and Recreation Department has requested that the Town submit a preliminary "wish list" of items to be included in the proposed 2008 Pima County Bond Program. She explained that this preliminary list would only be used as a guide as Pima County begins the bonding process and items may be added or deleted when the formal bonding process begins. She explained further that the Pima County Administrator will send a letter to the Town to formally initiate the bonding process and to outline the course of action required for moving forward. Ms. Reeder then reviewed the "wish list" of twelve items that the Parks and Recreation Advisory Board has recommended be submitted as follows (in priority order): 1) Big Wash Linear Park (North of Tangerine to Pinal County), 2) CDO Wash Linear Park (SW of La Canada to Southern Boundary), 3) Acquire access and develop existing Rancho Vistoso Trailhead to Tortolita Mountain Park, 4) Equestrian Staging Area — La Canada & CDO Wash at Rancho Feliz (SW corner), 5) Equestrian Staging Area (South of Vestar Development at CDO Wash), 6) Kelly Ranch (Additional funding for acquisition), 7) Naranja Town Site Dog Park, Playgrounds, Trails BMX Track, Skate Park and Support Facilities), 07/19/06 Minutes, Council Regular Session 10 8) Naranja Town Site Lighted Ball Fields and Support Facilities, 9) Overton Arts Center Area (Construct Soccer/Softball/Baseball Field Complex and support facilities), 10) James D. Kriegh Park Upgrades (Field Lights, Racquetball Courts, Picnic and Play Areas, 11) Steam Pump Ranch (Museum development), and 12) West Lambert Lane Park (construct). Discussion followed regarding the Bond process, the preliminary list and the priorityand importance of those items, looking at issues from a regional perspective, appointment of citizen(s) to advocate for Oro Valley, and setting a Study Session to further discuss the prioritization of the preliminary list. MOTION: Vice Mayor Parish MOVED to continue the approval of Item 8 to a special session on July 26, 2006. MOTION SECONDED by Council Member Kunisch. MOTION carried 7 - 0. Mayor Loomis opened the floor for public comment. Dick Johnson, 10151 N. Inverrary, urged the Town Council to take a look at the Naranja Town Site items stating that once Pima County gets involved in funding park sites or items within a park site, the Town could lose a lot of independence and control of the management of the park. He cautioned the Council that if the County is involved, there would be strings attached. 9. OV12-05-16 REQUEST FOR APPROVAL OF A DEVELOPMENT PLAN FOR THE STONE CANYON VIII RANCHO VISTOSO NEIGHBORHOOD 12 SALES CENTER, LOCATED IN THE FUTURE STONE CANYON VIII, JUST OFF TORTOLITA MOUNTAIN CIRCLE (aka THE FUTURE "STREET OF DREAMS" ROAD) PARCEL #219-20-002D Bill Walker, The WLB Group, representing Stone Canyon LLC, stated that they are requesting approval of the development plan for the Stone Canyon Sales q g Center located in Rancho Vistoso Neighborhood 12. He explained that the new Sales Center would be approximately 3870 square feet in size and would replace the existing Sales Center located near the existing Rancho Vistoso Golf Course. He reported that the development plan and landscape plan were approved by the Development Review Board on June 13, 2006 with the architecture plan being approved at their July 11to meeting. Mr. Walker then presented pictures depicting rock treatments on the site and architecture. He also reviewed mitigation plans, open space trade and enhancement of areas. Planning and Zoning Administrator Sarah More reviewed the Council Communication and explained that staff is recommending approval of the development plan for the Stone Canyon Sales Center. She stated that Town staff and the applicant worked many months on the open space trade, rock outcroppings encroachment and mitigation and on-site parking. She explained that thep roposal includes consolidated parking for both the Sales Center and the 07/19/06 Minutes, Council Regular Session 11 Guard Facility to prevent excess encroachment into open space and other natural areas. She further explained that additional mitigation as requested by the Development Review Board has been addressed by the applicant. MOTION: Vice Mayor Parish MOVED to approve OV12-05-16. MOTION SECONDED by Council Member Kunisch. MOTION carried 6 - 1 with Council Member Abbott opposed due to the encroachment into sensitive areas. 10. OV12-06-06 REQUEST FOR APPROVAL OF A DEVELOPMENT PLAN FOR A ONE-STORY OFFICE BUILDING, LOCATED ON THE NORTHWEST CORNER OF RANCHO VISTOSO BOULEVARD AND SUN CITY BOULEVARD, PARCEL #223-03-3520 Paul Nzomo, Coronado Engineering, representing the applicant, reviewed a map depicting the location of the proposed office building. He explained that the development plan consists of an 8,400 square foot professional office building on a 37,078 square foot lot. He stated that the height of the building would not exceed 16 feet (34 feet is allowed.) Mr. Nzomo stated that after meeting with the neighbors, they have agreed to not place tall trees on the north side of the building in order to protect their views of the mountains. He also explained that after working with Town staff, they have agreed to provide access to the north for access to any future developments. Community Development Director Brent Sinclair reported that this project was in compliance with the ZoningCode Revised and is also within the Rancho Vistoso p Planned Area Development (PAD.) He stated that it provides for ample parking, pedestrian circulation, adequate drainage, traffic control and a courtyard area. He said that the Development Review Board approved the development plan at their June 13, 2006 meeting. MOTION: Vice Mayor Parish MOVED to approve OV12-06-06, Development Plan for the Copeland Office Building with conditions listed in Exhibit A and that General Note 5 be amended to show a maximum allowable building height not to exceed 16 feet. MOTION SECONDED by Council Member Dankwerth. EXHIBIT "A" 1. All pedestrian paths crossing an auto lane must be constructed with a paving material that is of a different color, type and/or texture and coordinates with the materials used throughout the site. Provide a sample to Oro Valley staff for final verification of compliance. 2. Revise the Development Plan to extend the landscaped island on the west side of the property to 20' in length and to ensure that the pedestrian path fit occurs within the island between curbing spaced 10' apart to comply with 111/ OVZCR Section 27.7.H.1.f. 07/19/06 Minutes, Council Regular Session 12 3. Pedestrian areasp arallel to and abutting an auto lane shall be raised by at least four inches from the asphalt to provide adequate height separation from the pavement. 4. All oraportion of the required public art is to be displayed in the courtyard. 5. The applicant is to adhere to the neighborhood conditions as listed on the Development Plan as General Notes. 6. Revise detail 1 on sheet 2 to delineate a 3.0 foot car overhang with respect to concrete wheel stop placement. 7. Redesign the Location Map within the Drainage Report so as the "Subject Property" is identified and centered within a square mile area. Refer to the Development Plan for this revised map. This revised map will shown the p subject adjacentproperties and conditions with recording information and zoning status. 8. Revise the hydrology report section 2.4 to require the installation of the Y "bleeder holes" within the bottom of the outlet weir structure. 9. Prior to staff certification of the Development Plan, all Pima County Wastewater comments specified in their comment letter dated April 27, 2006 must be addressed. Add a Pima County Wastewater signature block to the Development Plan. MOTION carried 7 - 0. 11. OV12-06-09 REQUEST FOR APPROVAL OF A DEVELOPMENT PLAN FOR LOT 3 OF MERCADO DEL RIO, LOCATED WEST OF ORACLE ROAD ON THE NORTH SIDE OF PUSCH VIEW LANE, PARCEL #224-28-2550 Bruce Paton, Rick Engineering Company, representing the applicant, stated that g this request for approval of a development plan is for Lot 3 in Mercado del Rio. q He stated that the Master Development Plan was approved by the Town Council in May, 2004. Mr. Paton explained that the proposal is for a 5,844 square foot restaurantHouse Restaurant) and includes good vehicular circulation and (Chop pedestrian connections to the entire project. Community Development Director Brent Sinclair explained that the request for this development plan conforms to the Master Development Plan, C-2 District requirements and the Zoning Code Revised. MOTION: Council Member Carter MOVED to approve OV12-06-09 with conditions listed in Exhibit A. MOTION SECONDED by Council Member Abbott. EXHIBIT "A" 1. Clarify the elevations TC 41.16 and FS 41.40 located at the southeast corner of the 12' x 35' Loading Zone designated by Keynote #4 on Development 07/19/06 Minutes, Council Regular Session 13 Plan (DP) Sheet #3. TC elevations normally are 0.50' higher than the FS elevation. Make needed changes on this sheet and Figure 1: Local Drainage Map within the Drainage Report. 2. Correct the "type-over" on DP Sheet #3 of FG 40.37 and 0100=5 cfs shown just east of Chops Restaurant Building. 3. Clarify Keynote #6's statement "4' Wide Minimum Concrete Sidewalk per SD 200 (Typ)". The width of this sidewalk measures 5' on the DP Sheet #3. Make needed corrections. 4. Change the description of the wall openings in Detail F: First Flush System Detail from "3-8 x 32" Wall Openings @ 48" O.C." to read "3 — 8" x 32" Wall Openings @ 48" O.C." on DP Sheet #3. MOTION carried 7 — 0. Mayor Loomis recessed the meeting at 9:20 p.m. The meeting resumed at 9:27 p.m. 12. CONSIDERATION AND POSSIBLE ACTION CONCERNING THE REPORT ON THE FEASIBILITY STUDY OF THE SOUTHWEST PLANNING AREAS lir Special Projects Coordinator Scott Nelson reported that at the October 2, 2005 Town Council meeting, the Council directed the Town Manager to conduct a feasibility study and fiscal impact analysis of the Southwest Planning areas. He explained that staff met with area residents, a majority of the Homeowner Association's (HOA) leadership, and businesses to determine if there was an interest in annexation. He reviewed the two areas of the Southwest Planning area and explained that the feedback from the residents and HOAs has been positive with issues being raised regarding public safety and transportation. Mr. Nelson explained that since the Regional Transportation Authority (RTA) plan has been approved, most transportation concerns would be addressed by the plan; however, there was specific concern expressed regarding improvements to Shannon Road since it is not part of the RTA Plan. Mr. Nelson then explained that the business owners within the La Cholla Improvement District asked that the Town Council consider the retirement of the last four years of a ten year improvement district debt. Also, Foothills Mall and the Tucson Omni Resort requested that the Council consider pre-annexation development agreements (PADAs) to protect their existing development rights and economic development agreements (EDAs) to aid in future expansion plans. Mr. Nelson presented an overview of the fiscal impact of the two areas: ➢ Southwest Planning Area 1: 1 yr. - $3,680,586; 10 yrs. - $54,038,716 07/19/06 Minutes, Council Regular Session 14 ➢ Southwest Planning __Area__Area 2_: 1 yr. -__($480,814); 10 yrs. - ($2,965,973) ➢ Southwest Planning Areas 1 & 2 combined: 1 yr - $3,199,772; 10 yrs - $51,072,743 in Area 1 would be generated from sales tax, bed tax, cable franchise Revenues fees and state-shared revenues. Discussion followed regarding: basing sales figures on comparables bles vs. accurate. EDAs and PADAs would go through a third party review who would sales figures, assure that theyare a benefit to the community and more finite sales figures . would also be provided, there is commitment from some businesses and to helpwith obtainingsignatures, police staff necessary to control individuals g crime and DU is in these areas, etc. Vice Mayor Parish MOVED to continue working on Area 1, to refine MOTION: y the anI sis on Area 2 and to reduce Area 2 to consist of the YMCA and Pima a y Community College Colle e and the business area along Shannon Road to Ina Road. Mayor Loomis SECONDED the motion. Discussionregarding possibility followed re ardin the of state shared revenue distributions changing; consideration of an area that does not provide sales tax revenues; the expense and manpower necessary to maintain this area; do justifying homework first to find out what the cost of potential annexation would be to the Town as this is not the filingof the map; what EDAs could be asked for; some of the RTA projectscompleted will not be for up to twenty years; businesses need to be upfront about what the benefits would be to the Town if they were annexed in; what development standards would be placed on the area, etc. MOTION CARRIED, 4 — 3, with Council Members Gillaspie, Dankwerth and Abbott opposed. 13. CONSIDERATION OF ORO VALLEY ENDORSED RESOLUTIONS TO BE SUBMITTED TO THE LEAGUE OF ARIZONA CITIES & TOWNS RESOLUTIONS COMMITTEE Town ManagerChuck Sweet reported that Mayor Loomis has been appointed to serve as member of the League Resolutions Committee. He explained that resolutions must be submitted to the League by mid-July and will be reviewed by the Resolutions Committee during the League Conference in August and then formally adopted in October. Mayor Loomis reported that the Town of Oro Valley has not proposed any new Y Resolutions. 07/19/06 Minutes, Council Regular Session 15 Mr. Sweetlhen reported that some of the resolutions being presented pertain to protecting state shared revenues, State Parks Heritage funding, lottery funding, economic development tools, etc. Vice Mayor Parish commented that it is important that local officials stay involved with the Legislators to help protect the interests of the cities and towns. 14. TOHONO O'ODHAM NATION AND PASCUA YAQUI TRIBE GRANT APPLICATIONS Town Manager Chuck Sweet explained that after meeting with Pima County, he is recommending that the Town not be in competition with Pima County's grant proposal. He suggested that the Town support the County's efforts to get funding instead of requesting monies from the same "pot of money." Further discussion followed regarding: ➢ Desert Archaeology — Refining need for additional work and associated costs. When application is made for funding, the grant request would be sufficient. ➢ Security of site, monitoring. MOTION: Vice Mayor Parish MOVED to ask the Town Manager to return with two resolutions at the August 2, 2006 Council meeting: 1) Supporting Pima County's proposal for burial discovery, recovery and monitoring program to the Tohono O'odham Nation, and 2) Supporting Pima County proposal to the Pascua Yaqui Tribe for additional archaeological funding for Honey Bee Village. MOTION SECONDED by Council Member Abbott. MOTION carried 7 - 0. 15. FUTURE AGENDA ITEMS Council Member Dankwerth requested that staff prepare a recommendation to be presented at a study session regarding hiring a Town Lobbyist. CALL TO AUDIENCE - No speakers. ADJOURNMENT MOTION: A MOTION was made by Council Member Dankwerth and SECONDED by Council Member Kunisch to adjourn at 10:17 p.m. Motion carried, 7 — 0. 07/19/06 Minutes, Council Regular Session 16 Prepared by: Roxana Garrity, CMC Deputy Town Clerk thatI the foregoing minutes are a true and correct copy of the hereby certify g g g minutes of the regular session of the Town of Oro Valley Council of Oro Valley, Arizona heldY on the 19th da of July 2006. I further certify that the meeting was dulycalled and held and that a quorum was present. Dated this day of , 2006. Kathryn E. Cuvelier, CMC Town Clerk 41110, DRAFT MINUTES ORO VALLEY TOWN COUNCIL STUDY/SPECIAL SESSION JULY 26, 2006 ORO VALLEY TOWN COUNCIL CHAMBERS N 11000 NORTH LA CANADA DRIVE STUDY SESSION AT OR AFTER 5:30 PM CALL TO ORDER: 5:30 PM ROLL CALL PRESENT: Paul Loomis, Mayor Terry Parish, Vice Mayor (arrived at 5:40 p.m.) Al Kunisch, Council Member Kenneth Carter, Council Member Helen Dankwerth, Council Member Paula Abbott, Council Member Barry Gillaspie, Council Member 1. DISCUSSION REGARDING THE RECLAIMED WATER PHASE 2; ROUTING ALTERNATIVES • Water Utility Director Philip Saletta, P.E., updated the Council on Phase 2 of the Reclaimed Water System that specifically addressed the pipeline route and proposed project schedule. Using the overhead projector, Mr. Saletta proceeded to review the the project issues, routing for the proposed pipeline, cost options alternatives, (Options #1, #2, #3, #4, and the cost option summary for pipe only. He explained that if the Council approved the recommendation, staff anticipates that the design of phase two would be completed by October 2006. He added that the routing and delivery to Painted Sky Elementary School would be completed in 2007 and the Hilton El Conquistador Golf Course delivery would be completed by the first quarter of 2008. In conclusion, he explained that staff preference would be to use Option #3. Discussion followed regarding: • The cost alternatives to route the pipeline along Tangerine Road and Naranja Drive. • The additional cost of tanker trucks that would deliver water to the various construction sites affiliated with the project. • The downside of using Option #3, if any. • A status report on the Amphitheater School District policy as it related to the routing of reclaimd water being used in the district. 07 26 06 Town Council Study Session 2 Minutes • Identifying how the funds for the project would be broken down between Y g the developer and the contractor and the Town. • Which department would oversee the project and coordinate the various . phases and funding for the project. • Direction wasg iven to staff to identify the breaking points for funding between thep arties involved and the coordination and scheduling for the different phases of the project. • How manyacre feet of potable water would the Town be saving and how many into,would that translate and what would be the cost as it related to water conservation. • Potential risk factors affecting the project. 2. DISCUSSION REGARDING THE BOARD AND COMMISSION APPOINTMENT & COUNCIL LIAISON PROCESS Town Manager Chuck Sweet explained that at the request of Council Member Abbott, staff was bringing forward the following topics for discussion regarding g g whether the current Boards and Commissions find value in the Council Liaison position: • Council Liaison assignments. • How volunteers are appointed. • Open process to the public. • Criteria for appointment. • Attendance. Discussion followed regarding: • Council Policy #8 —The Council Liaison to Boards and Commissions. • Does the liaisonp osition offer any value or advantages to the Council and Boards and Commissions? • Setting the standard for future council liaisons. • The language used in Council Policy #9 pertaining to continuous support of the Council Liaison to a board or commission. • Havingthe chairman of a board or commission bring forward any concerns to the Town Council regarding an issue for discussion. • Would it be necessary to have a liaison assigned to each board and commission? • How long should a liaison serve on a particular board or commission? • How often should the liaison report back to Council? • It was recommended that an item be placed on the Planning and Zoning agenda titled "Liaison Report" that would have a 3 minute time limit to present the report. • Open meeting law. • Should the staffp rovide the boards and commissions communication that identifies Council objectives or standpoint regarding an issue? • What is the role of the council liaison in the discussion and deliberation when theyare attendinga board or commission meeting? • Time limits and rotations. • 07 26 06 Town Council Study Session 3 Minutes • It was recommended that a yearly annual review be held for the liaison positions • The Council agreed that the Oro Valley Police Department liaison should be eliminated. • The legal staff advised the Council that it would be problematic to have a liaison serve the Board of Adjustment because it was a quasi judicial board. • The Citizen Volunteer Auxiliary Program (CVAP) was considered an extension of the Police Department and supervised by the Police Chief, therefore, does not need a Council liaison. Mayor Loomis recessed the meeting at 7:40 p.m. The meeting resumed at 7:45 p.m. Discussion continued regarding the following: • A review of Council Policy #9 — Council Liaison to Amphitheater School District Governing Board. • It was suggested that the Board and Commission appointment process be setup: 1) to have a preliminary program setup so the individuals are required to meet certain standards. 2) to improve the job descriptions and place the updated descriptions on the web along with the application 3) to have the Town provide training for each volunteer. ... The following is the list of the Council Liaison Assignments for July 2006 — July 2007: ► Board of Adjustment (Interview Committee Panel Member only Barry Gillaspie ► Development Review Board Al Kunisch ► Historic Preservation Commission Helen Dankwerth ► Oro Valley Citizen Corps Council Paul Loomis ► Oro Valley Citizen Corps Council (alternate) Paula Abbott ► Parks & Recreation Advisory Committee Terry Parish ► Planning & Zoning Commission KC Carter ► Stormwater Utility Commission KC Carter ► Water Utility Commission Barry Gillaspie ► Amphitheater School District Paula Abbott 07 26 06 Town Council Study Session 4 Minutes ► Amphitheater School District (alternate) Barry Gillaspie ► Legislature; District 26 Terry Parish ► Metropolitan Tucson Convention Visitor Bureau Terry Parish ► Northern Pima County Chamber of Commerce... Helen Dankwerth ► Pima Association of Governments Paul Loomis ► Pima Association of Governments (alternate) Barry Gillaspie ► Regional Transportation Authority Paul Loomis Mayor Loomis stated that at this point he believed the appointment process was satisfactory. suggested He su ested the job descriptions be reviewed by each Council member and submit their suggestions and changes. ADJOURN STUDY SESSION A MOTION was made by Vice Mayor Parish to adjourn the meeting at 8:31 p.m. Council Member Kunisch seconded the motion. Motion carried, 7-0. SPECIAL SESSION (IMMEDIATELY FOLLOWING STUDY SESSION) CALL TO ORDER: AT OR AFTER 8:31 P.M. ROLL CALL PRESENT: Paul Loomis, Mayor Terry Parish, Vice Mayor Al Kunisch, Council Member Kenneth Carter, Council Member Helen Dankwerth, Council Member Paula Abbott, Council Member Barry Gillaspie, Council Member 1. CONTINUED PUBLIC HEARING AND POSSIBLE APPROVAL OF A PRELIMINARY LIST OF ITEMS TO BE RECOMMENDED FOR THE 2008 PIMA COUNTY BOND ELECTION (CONTINUED FROM 7-19-06) Ainsley Reeder, Parks and Recreation Director reviewed the report and explained that at the July 19, 2006, meeting the Council indicated that additional time would be necessary to establish the priority of the proposed 2008 Bond Projects, and Pima County has requested Oro Valley's list be submitted by the end of July 2006. Mayor Loomis explained that when the bonds are approved the maximum value of the bond would be fixed at that point. He said that there would be challenges ,,, , 07 26 06 Town Council Study Session 5 Minutes associated with the bond because that the bigger the project list, the more III —difficult it will be to manage. The following is the prioritized proposed Preliminary Bond List created by the Council: ! : .�..... Project Name ..._._,,.._. ""Bond Funding...�.._.._ 'Other .r. � _-;•---Total l Cost --� --Priority, )) Funding r,,r f.! '/fq,,`'r6xrrr/} s„,,,,j, b+ ^9 ,,,,„...,,,,,,s,„:„„ Vi — —_ __. .. . YGy ;Kelly Ranch -Additional Funding gp00,000°� $8,000,000 1 ;for Acquisition �.. N.aranja Town Site Improvements � $12,000,00 _ - ----$12,0-00,000 2 -Outdoor Recreation Steam Pump -Ranch Museum $2,000,000; $2,000,000 3 � Development r _.._ 9 ----� Bi Wash Linear Park - N of $7,000,000; $3,100,000; $10,100,000, 4 (Tangerine Rd to Pinal County and ICDOWash _ __ __ _ ---- !Linear Park- SW of La Canada to i 1 Town Boundary ... 'James D. Kriegh Park Upgrades $1,000,000; $1,000,000; g .......................................... .... . . . ... .. . .. ----- !Overton Arts Center Area - $6,700,000; $6,700,000 6 i 1Construct Ballfield Complex and tEquestrian Staging , . ' !Area at La Canada & CDO Wash lAcquire Access & Develop $500,000- $500,000 7 Vistoso Trailhead to IRancho (Pr {Tortolita Mountain Park _ _ West Lambert Lane Park $34 ! 'Improvements T_____._.__ ! q ___ E uestrian Staging Area_ - South $300,000 $300,000 hof Vestar Development i "Other Funding” for Linear Parks is $2,600,000 from ;RTA for Big Wash and $500,000 I from TE Funding for CDO Wash _ MOTION: Mayor Loomis moved to recommend the Oro Valley Bond Project List as shown in the above chart and to eliminate the Equestrian Staging Area — South of Vestar Development at CDO Wash. Council Member Dankwerth seconded the motion. Mayor Loomis explained that even though the Town had the land for the y equestrian stain area the user would still need to use the southern portion of a staging the Vestar Development for access. He also considered Catalina State Park to p be one of the finest equestrian trails available in the area. Motion carried, 7-0. ADJOURNMENT MOTION:tier Vicey Mayor Parish moved to adjourn the meeting at 9:37 p.m. Motion seconded by Council Member Kunisch. Motion carried, 7-0. 07 26 06 Town Council Study Session 6 Minutes Respectfully submitted, Linda Hersha, Office Specialist DRAFT MINUTES ORO VALLEY TOWN COUNCIL REGULAR SESSION AUGUST 16, 2006 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 6:00 PM CALL TO ORDER 6:01 P.M. ROLL CALL PRESENT: Paul Loomis, Mayor Terry Parish, Vice Mayor Paula Abbott, Council Member Helen Dankwerth, Council Member Barry Gillaspie, Council Member Al Kunisch, Council Member EXECUTIVE SESSON AT OR AFTER 6:00 PM MOTION: A motion by i n was made Council Member Dankwerth and SECONDED by Council Member Kunisch to go into Executive Session at 6:01 p.m. for the following purpose: may go into Executive Session for the Council vote to Pursuant to ARS 38 431.03.A(1), discussion and consideration of an employment contract for the new Town Manager David Andrews Mayor Loomis announced that in addition to the Town Council, the Town Manager and Town Attorney, Human Resources Director Sandra Abbey would be present in the Executive Session. Motion carried, 7-0. made byCouncil Member Carter and SECONDED by Council MOTION: A motion was Member Kunisch tog o Executive Session at 6:35 p.m. Motion carried, 7-0. RESUME REGULAR SESSION AT OR AFTER 7:00 PM CALL TO ORDER ROLL CALL PRESENT: Paul Loomis, Mayor Terry Parish, Vice Mayor Paula Abbott, Council Member Helen Dankwerth, Council Member 08-16-06 Minutes 2 Town Council Regular Meeting Barry Gillaspie, Council Member Al Kunisch, Council Member PLEDGE OF ALLEGIANCE Mayor Loomis led the audience in the Pledge of Allegiance. UPCOMING MEETING ANNOUNCEMENTS Town Manager Chuck Sweet reviewed the upcoming meetings and events. He alsoannounced that the Town Hall campus would be closed on Monday, the 4th of September due to Labor Day. COUNCIL REPORTS No report. DEPARTMENT REPORTS Water Utility Director Philip Saletta announced that the Town water utility received a Technical Grant for $35,000.00 from the Arizona Water Infrastructure Financing Authorityto assist in the design of the Reclaim Water Project Phase II. He thanked the AWIFA and he gave recognition to the Water Utility Administrator Shirley Seng Engineering and En ineerin Division Administrator David Ruiz for their efforts in paring and submitting for the grant. Mr. Saletta used the overhead projector and gave a brief outline of the recent rainfall received in the region over the past months and its benefits to the Aquifer. TOWN MANAGER'S REPORT Mayor Loomis announced that this would be Chuck Sweet's last formal regular Council y meeting. He thanked Mr. Sweet for all of his work over the past 13 years as Town g Manager. He added that over the past 13 years, Mr. Sweet worked for 5 different mayors, 22 council members and had attended about 500+ council meetings. CALL TO AUDIENCE No Speakers. 1. CONSENT AGENDA Mayor Loomis pulled Item J and Item I from the Consent Agenda at the request of Y Council Member Abbott (J) and Council Member Kunisch (Item I). 08-16-06 Minutes 3 Town Council Regular Meeting MOTION: A motion was made by Council Member Dankwerth and seconded by Council Member Carter to approve the Consent Agenda with the exception of Item I and J. Motion carried 7-0. A. Building Safety Activity Report - July 2006 B. Coyote Run Monthly Report — July 2006 C. Resolution No. (R)06-61 Award of contract to Kittelson & Associates, Inc. in the amount of $442,146.00 for professional engineering services for Phase II of the La Canada Widening: Naranja Road to Tangerine Road, Project No. OV 30 04/05 27 D. Resolution No. (R)06-62 Approving and authorizing the execution of acontract with Madera Engineering, Inc. to provide professional services to the Town E. Resolution No. (R)06-63 Authorizing and Approving the Potable Water System Master Plan 2006 Update for the Oro Valley Water Utility F. Resolution No. (R) 06-64 A Resolution Repealing Resolution No. (R)06-54 and enteringinto an amended Memorandum of Understanding between Public Safety Employees and Town of Oro Valley pursuant to Chapter 4, Section 4-1-8 of the Town Code, Public Safety Employee Relations and Processes G. Resolution No. (R)06-65 Approving and authorizing the Execution of an Intergovernmental Agreement between the Town of Oro Valley and Pima g g County, a political subdivision of the State of Arizona, through its Health Department Animal Care Center for the provision of Animal Control Services H. Approval of Council Liaison Assignments I. Approvalemployment of contract for new Town Manager David Andrews effective September 1, 2006 (PULLED FOR DISCUSSION) J. Naranja Town Site Educational Campaign and Logistics Timetable (PULLED FOR DISCUSSION) K. Rejection of all bids for the Annual Custodial Maintenance Contract, Project No. OV 30 06/07 11 I. APPROVAL OF EMPLOYMENT CONTRACT FOR NEW TOWN MANAGER DAVID ANDREWS EFFECTIVE SEPTEMBER 1, 2006 MOTION: A motion was made byCouncil Member Kunisch and SECONDED by Dankwerth to adopt employment t the em to ment agreement between the Town of Oro Valley and David Andrews for the position of Town Manager and to include additional wording in g Section 6 of the agreement, "within 60 days the employee will submit his new annual performance goal." Motion carried, 7-0 , 08-16-06 Minutes 4 Town Council Regular Meeting J. NARANJA TOWN SITE EDUCATIONAL CAMPAIGN AND LOGISTICS TIMETABLE Council Member Abbott suggested that an additional component be added addressing "publicinput in ut and open house". She recommended that the wording In read, "Initiate Outreach & Education and Input Open Houses". She said that the Town had a responsibility to educate the community as the project progresses. Parks Recreations Director AinsleyReeder reviewed the staff report and gave a brief outline of the September 6th "New Target" and identified the short term goals for the project. Community Development Develo ment Director Brent Sinclair reviewed the project's long term goals. The followingchart reflects the Naranja Town Site Logistics Timetable Update as of August 2006: Original Target New Target Date Completed Adopt NTS Financing Strategy August-05 August-05 Appropriate Funds for ProgrammingSurvey and September-05 August-05 August-05 RFQ for Programming and CommunitySurvey Consultants October-05 November-05 November-05 Select Programming Consultants December-05 April-06 April-06 Design Begin Programming and Concept January-06 June-06 June-06 Initiate Community Outreach & Education August-06 Ongoing Coordinate with Friends of Parks on PR/Events/Activities Ongoing Site Tours for Recreation and Arts Facilities July-06 July-06 Complete Preliminary Research for PR Firm August-06 Policy September-06 Branding Adopt Naming and Coordinate with GO VAC on 0, M&M Plan September-06 Develop Revenue Plan/Fee Structure September-06 Complete Trail Signage & Site Furniture September-06 gna g Establish Criteria for Events & Activities on Site Prior to Construction September-06 Set Tentative Schedule Public Events and Activities September-06 Adopt Facility Operations, Maintenance & Management Plan October-06 Utilize Economic VitalityModel for Revenue/Expense Projections October-06 and Branding Naming Plan for NTS October-06 TS Staffin Plan October-06 Develop N g Name the Park November-06 Adopt a Phasing Plan applicable) December-06 (if Complete Programming and Concept Design July-06 February-07 Select Funding& Sources June-07 General Election (if necessary) November-06 July-07 Set Property Primary and SecondaryPro ert Tax Election (if necessary) May-07 November-07 RFQ for Architectural & Engineering Consultant June-07 November-07 c g 9 9 Select Architectural & Engineering Consultant August-07 March-08 Implement BrandingPlan for Site Facilities June-08 Complete Development Plan November-07 October-08 g Complete Design & Construction Plans March-08 December 2008 Start Construction May-08 January-09 Grand OpeningMay-09 June-10 l 08-16-06 Minutes 5 Town Council Regular Meeting Discussion followed regarding: • Fee schedules and charges. • "Public outreach and education" and the amount of time the community has to absorb the information before a project begins. • Collectingdata that would be flexible and adjustable as the resources are shifted. • Would the data collected from public input be used to prioritize the project? • The increasing cost for the project. • It was suggested that the Parks and Recreation liaison give an update to the Council periodically about the project as it moves forward. MOTION: A motion was made by Vice Mayor Parish and SECONDED by Council Member Kunisch to approve the August 2006 Logistics Timetable Update and to direct staff to take the steps necessary to develop a proposal for p Council consideration for service of a professional consultant specializing in public outreach to further the goal of public education regarding the development of Naranja Town Site; and to clarify the item called "Outreach and Education" to includeublic input and would be an on-going basis. Motion carried, p p 6-1, with Council Member Carter opposed. MAYOR LOOMIS MOVED ITEM 8 FORWARD ON THE AGENDA. 8. RECONSIDERATION OF RESOLUTION NO. (R)06- 57 APPROVING FINANCIAL PARTICIPATION AGREEMENT BETWEEN THE METROPOLITAN TUCSON CONVENTION AND VISITORS BUREAU AND THE TOWN OF ORO VALLEY MOTION: A motion was made by Vice Mayor Parish and SECONDED by Council Member Kunisch to table this item. Motion passed unanimously 7-0. 2. PUBLIC HEARING - APPROVAL OF APPLICATION FOR A PERSON TRANSFER OF A SERIES 09 (LIQUOR STORE) LIQUOR LICENSE FOR CVS PHARMACY LOCATED AT 10390 N LA CANADA DRIVE MayorLoomis opened the public hearing. There being no speakers the public p hearing was closed. MOTION: A motion was made by Vice Mayor Parish and SECONDED by Council Member Abbott to recommend approval of the request for a Person Transfer to the Arizona State Liquor Board for a Series 09 Liquor License at CVS Pharmacy located at 10390 North La Canada Drive. Motion carried, 7-0. 3. PUBLIC HEARING - ORDINANCE NO. (0)06-12 OV8-06-02 REQUEST FOR APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW MULTI-FAMILY RESIDENTIAL IN A COMMERCIAL DISTRICT, LOCATED IN RANCHO VISTOSO NORTHWEST OF THE SAFEWAY VISTOSO PLAZA, PARCELS #219-54-003A, 223-02-027B AND 219-20-052D 08-16-06 Minutes 6 Town Council Regular Meeting Paul Oland, a representative from The WLB Group, Inc. requested that this item be continued to allow the applicant to work on Exhibit "A", Condition 3 with staff. Mayor Loomis opened the public hearing. John Knight, 590 East Bridalveil Falls Road, stated that the neighbors in the area had concerns regarding the physical separation of the building and the elevation of the site. He reported that the residents in the area wanted more time to work p with the developer to develop specific conditions for the Conditional Use Permit. He used the overhead projector to review the proposed development. Brenda Frisbie, 626 East Bridalveil Falls Road, stated that the homeowners suggested that the developer create a 3-plex home or make the 4-plex with an additional 20 feet away from the fence. Mark Schwan, 12203 North Echo Valley, stated that a residential project would bep referred over a commercial project. He explained that the 3-plexes design with the balconies would be an invasion of privacy to the existing homeowners. He suggested that further work be done with the developer and community. Steve Oderkirk, 674 East Bridal Veil Falls Road, reviewed the elevation of the site using the overhead projector to identify the positioning of the building and alternatives that were being proposed. Mayor Loomis closed the public hearing. motion was made byVice Mayor Parish and SECONDED by MOTION: A y Council Member Dankwerth to continue this item to the September 20th meeting. Motion carried, 7-0. Council Member Gillaspie stated that he supported the continuance but had some concerns with the staff report Council received. He explained that the report did not provide the correct motion with the conditions p that had been approved by the Planning and Zoning Commission. He explained that staff amended Exhibit "A", Condition 3a from that motion made by the Planning Commission and the correction needed to be reflected in the communication for the next meeting. 4. PUBLIC HEARING - ORDINANCE NO. (0)06-13 OV8-06-03 REQUEST FOR APPROVAL OF A CONDITIONAL USE PERMIT FOR A STARBUCKS COFFEE DRIVE-THRU AREA, LOCATED ON THE NORTHEAST CORNER OF ORACLE ROAD AND LINDA VISTA BOULEVARD, PARCEL #244-31-0100 Tom Sayler-Brown, 1001 North Alvernon, explained that this was a request for a Conditional Use Permit to approve a request for a drive-thru at the proposed 08-16-06 Minutes 7 Town Council Regular Meeting Starbucks located at the northeast corner of Oracle Road and Linda Vista Blvd. Mayor Loomis opened the public hearing. There being no speakers the public hearing was closed. MOTION: A motion was made by Council Member Dankwerth and seconded by Council Member Abbott to approve with the conditions listed in Exhibit "A" Ordinance No. (0) 06-13, 0V8-06-03, Conditional Use Permit for the Starbuck's drive through area. Motion carried, 7-0. Mayor Loomis recessed the meeting at 8:10 p.m. The meeting resumed at 8:17 p.m. 5. ANNEXATION PUBLIC HEARING — REQUEST TO ANNEX APPROXIMATELY 188 ACRES OF UNINCORPORATED TERRITORY LOCATED SOUTH OF STONE CANYON AND NORTH OF LA CHOLLA AIRPARK OF THE CURRENT TOWN LIMITS KNOWN AS ANNEXATION AREA "L" Special Projects Coordinator Scott Nelson reviewed the staff report and explained that on June 21, 2006, Mayor and Council voted to initiate the annexation process for approximately 188 acres of unincorporated territory located south of Stone Canyon and north of La Cholla Airpark, the current town limits. He explained that the annexation was in compliance with the Oro Valley General Planning area, Oro Valley Resolution No. (R)03-06, Oro Valley Policy for Annexation of Unincorporated Land, and pursuant to Arizona State law. Mayor Loomis opened the public hearing. Emil Franzi, 1800 West Turtle Dove Lane, stated that he was opposed to the annexation because the area would be subject to the Town's utility taxes and property taxes. He believed that there would be no advantages to being a part of the Oro Valley community, but just another level of government that would need to be monitored. Maria P. Tschampel, 1600 West Turtle Dove Lane, stated that she was opposed to the annexation because, in her opinion, there had not been enough information provided to the residents related to various costs or improvements. William Cross, 13690 North La Cholla, stated that he was opposed to the Annexation, but was curious to know if there was going to be an access road paved to Stone Canyon. Carol Nellis, 1720 West Tortolita Vista Lane, stated that she believed that geographically the annexation was good, however, she did have some concerns with the police department response time and the road conditions. 08-16-06 Minutes 8 Town Council Regular Meeting Mayor Loomis closed the public hearing. Discussion followed regarding: • Who initiated the annexation? • A review of the a process rocess and the next step involved to annex Area "L". • Future road development for Stone Canyon. • Should the Town continue to research the acquisitions to the south and west? • What was the percentage ercenta e of residents living in "Area L" that were interested in the annexation? • What would be the requirements, if any, to pave Turtle Dove Road if the area was annexed? • What types of services would the Town provide to Area "L"? • Does the Town consider Area "L" a priority for annexation? • would the financial impact be and what items would be included? What p • The identification Policy i n of the Town with respect to the identification of lands that the Town was interested in annexing as part of the planning. • The easements and road accessibility. Vice Mayor Parish clarified the following: 1) The Town had no plans to develop a paved road to Stone Canyon. 2) was possible it that in the future, property taxes could be g collected, but this issue would be brought forward and presented to the voters in Oro publichearing Valley. 3) He requested that the be reopened to allow anyone else the opportunity to speak regarding the annexation. Mayor Loomis reopened the public hearing. Michael Santoro, 14000 North Hawk Canyon Trail, stated that he was in favor of the that there were a great number of residents in the area that annexation. He reported were very excited about the annexation because the area could gain more availability and accessibility to water. He added that he would be open to giving easement to the public from his property for future road improvements in the area. p p Cindy Cross, 13690 North La Cholla, explained that she was opposed to the annexation and expressed concern regarding a letter she received about the annexation, she believed it was verymisleading. She believed the letter should have stated exactlywhat Oro Valley was going to do for the residents in the area. Kathleen Franzi, 1800 West Turtle Dove Road, explained that there would be no p easy way to repair the roads. She explained that if the roads were paved the children would be unable to ride their bicycles and no one would be able to ride their horses on the roads because of the vehicles speeding through the area. She suggested havinganother meeting with the residents to determine what the Town wouldprovide rovide to the community for clarification. She was opposed to the annexation. Mayor Loomis closed the public hearing. 08-16-06 Minutes 9 Town Council Regular Meeting No action required. 6. ANNEXATION PUBLIC HEARING — REQUEST TO ANNEX APPROXIMATELY 2.8 ACRES OF UNINCORPORATED TERRITORY LOCATED WEST OF THE CURRENT TOWN LIMITS KNOW AS ANNEXATION AREA "M" Special Project Coordinator Scott Nelson explained that this parcel was approximately 2.8 acres of unincorporated territory located west of the current pp town limits. He reported that the annexation was in compliance with the Oro ValleyGeneral Planning area, Oro Valley Resolution No. (R)03 -06, Oro Valley Policy for Annexation of Unincorporated Land, and pursuant to Arizona State law. Mayor Loomis opened the public hearing. There being no speakers the public hearing was closed. No action required. 7. ANNEXATION PUBLIC HEARING — REQUEST TO ANNEX APPROXIMATELY 120.5 ACRES OF UNINCORPORATED TERRITORY LOCATED NORTH OF THE CURRENT TOWN LIMITS AND KNOWN AS ANNEXATION AREA "N" Special Project Coordinator Scott Nelson explained that this parcel was approximately 120.5 acres of unincorporated territory located west of the current pp v town limits. He reported that the annexation was in compliance with the Oro ValleyGeneral Planningarea, Oro Valley Resolution No. (R)03-06, Oro Valley Policy for Annexation of Unincorporated Land, and pursuant to Arizona State law. p Mayor Loomis opened the public hearing. There being no speakers the public Y hearing was closed. No action required. 9. RESOLUTION NO. (R)06- 57 APPROVING FINANCIAL PARTICIPATION AGREEMENT BETWEEN THE METROPOLITAN TUCSON CONVENTION AND VISITORS BUREAU AND THE TOWN OF ORO VALLEY No action taken because Item 8 was tabled. 10. FUTURE AGENDA ITEMS Council Member Kunisch - Discussion and possible action regarding the size and location of political sign zones. 1) Loomis — Mayor Hold a study session to discuss the Town's annexation policy. 2) v Discuss the effectiveness of having the applicant present their presentation first rather than presenting the staff report first. 08-16-06 Minutes 10 Town Council Regular Meeting Discussion regarding staff reports presented to Council Council Member Gillaspie g g from the Development Review Board and Planning and Zoning Commission. CALL TO AUDIENCE No Speakers. ADJOURNMENT to adjourn Council Member Carter moved the meeting at 9:25 p.m. Council Member Kunisch seconded the motion. Motion carried, 7-0. Respectfully submitted, Linda Hersha, Office Specialist • minutes are a true and correct copy of the I hereby certify that the foregoing Ile of the Town of Oro Valley Council of Oro Valley, minutes of the regular session Arizona held on the _ 16th_ day the meeting of August 16,2006. I further certify that s. was duly I called and held and that a quorum was present. d this day Y of , 2006. Kathryn E. Cuvelier, CMC Town Clerk „ ,Ey Jr— s 11/ • ov*`ira4. � FV O/ ,--moi�`r O i� W �, 11000 N. La Canada Dr. Oro Valley, Arizona 85737 Phone (520) 229-4900 FAX (520) 797-2616 DANIEL G. SHARP,Chief of Police 4 4. WWW.ovpd.org a x' LADED ORO VALLEY POLICE DEPARTMENT "FAIRNESS, INTEGRITY, EXCELLENCE” MEMORANDUM TO: Honorable Mayor Paul Loomis & Oro Valley Council Members FROM: Chief Daniel G. Sharp REF: July 2006 Statistics DATE: August 10, 2006 Please find attached the captured statistics for the Oro Valley Police Department for July 2006 plus Citation/Warning totals for the previous month. 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CO 03 � N 0) \o \o \ \ \ \ \ \o 0 0 0 0 0 0 0 0 0 0 0 LD 0 110 I t 4 a TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: September 6,2006 C , TO: HONORABLE MAYOR & COUNCIL FROM: Ainsley Anne Reeder Parks and Recreation Director RESOLUTION NO. (R)06-66 SUBJECT: Joint Use of Facilities with Amphitheater School District BACKGROUND: On November 2, 2006, Town Council approved Resolution No. (R) 05-110 in support of developing an Intergovernmental Agreement (IGA) with Amphitheater School District (Amphi) for the joint use of public school facilities in Oro Valley. Since that time, Town staff has been working closely with Todd Jaeger, J.D., Associate to the Superintendent, to develop the draft agreement. SUMMARY: This IGA will formalize the parameters of the Town's facility usage and establish criteria for usage and fees: Once established, Town Staff will continue to work with Amphi's facility management staff to confirm schedules and coordinate billing. FISCAL IMPACT: Fiscal impacts, in the short term, will be unaffected. In the long term, an IGA with Amphi would allow for more programs to be scheduled, resulting in a potential increase in expenses. However, revenue would match expenses for adult programs and would cover at least 75% of expenses for children's programs. SUGGESTED MOTION: The Council may wish to consider the following motion: I move to approve Resolution NO. 0 6-6 6 , approving the Intergovernmental Agreement between Amphitheater School District and the Town of Oro Valley for the joint use of public school facilities in Oro Valley. Attachments: 1) Resolution No. (R)06-66 Q 1)j,-„c_,,_,,---:g-a 1 Z Parks and Recteation Director arid 4-1/1/1-1w)--- Town Manager RESOLUTION NO. (R) 06- 66 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, APPROVING AN INTERGOVERNMENTAL AGREEMENT FOR THE USE OF THE FACILITIES OF AMPHITHEATHER SCHOOL DISTRICT, PIMA COUNTY, BY THE TOWN OF ORO VALLEY. WHEREAS, the Town of Oro Valleyhas the responsibility for the welfare of its citizens; and WHEREAS, it has determined that it is in the best interests of the Town and its citizens for the Town to enterIntergovernmentalAgreement into an A eement for the use of Amphitheater School Facilities in the Town of Oro Valley; and WHEREAS, the GoverningBoard of the Amphitheater School District No. 10, on August 8, 2006, approved the Intergovernmental Agreement for use of District Facilities, attached as Exhibit A; and WHEREAS, IntergovernmentalAgreement this A eement will be in furtherance of the public health, safety and welfare of the citizens of the Town; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona, that: 1. The Intergovernmental Agreement for the use of the facilities of Amphitheater School g � District, Pima County, by the Town of Oro Valley, attached as Exhibit A, is approved. 2. The Mayor of the Town of Oro Valleyis authorized to execute the Agreement, and the Town Manager and other administrative officials are authorized to take such steps as are necessary to implement its terms. PASSED AND ADOPTED bythe Mayor and Town Council of the Town of Oro Valley, Arizona this 6th day of September , 2006. TOWN OF ORO VALLEY ATTEST: Paul H. Loomis, Mayor Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Melinda Garrahan, Town Attorney INTERGOVERNMENTAL AGREEMENT FOR THE JOINT USE OF AMPHITHEATER SCHOOL DISTRICT FACILITIES FOR PUBLIC PLAY AND RECREATION ACTIVITIES This Intergovernmental Agreement is entered into pursuant to Arizona Revised Statutes §§ 15-342(13), 15-363, 15-364, 15-1105, and 11-952, between Amphitheater School District No 10 of Pima County, Arizona, a political subdivision of the State of Arizona, hereinafter referred to as the "District" and the Town of Oro Valley, a political subdivision of the State of Arizona, hereinafter referred to as the "Town". RECITALS WHEREAS, the Town presently lacks sufficient facilities to provide various recreational programs desired and needed by members of its community; WHEREAS, the District and the Town serve and share a substantial number of common constituents and taxpayers; WHEREAS, the District owns, operates and controls several schools within the legal boundaries of the Town which are suitable for public recreational use; WHEREAS, the District and the Town are mutually interested in jointly using school facilities located within the legal boundaries of the Town for appropriate purposes; and WHEREAS, it is to the benefit of the taxpayers and citizens of the Amphitheater and Oro Valley communities that school facilities be made available to the Town and residents of the Town for leisure and recreational purposes thereby maximizing the value of the investment in school facilities; and WHEREAS, ursuant to A.R.S. § 11-951 et. seq., governmental entities are empowered to p jointlyexercise any power common to the contracting parties and may enter into agreements with one another for joint or cooperative action; and WHEREAS, pursuant to A.R.S. § 15-363 et. seq., a school district governing board may operate school buildings and grounds for the purpose of providing public play and recreational activities; and WHEREAS, the District has long made its school facilities available to a broad array of civic, recreation and school related groups for their use in providing programs and services of benefit to District students and the general public; WHEREAS, the District desires to permit use of its facilities by the Town to the extent practicablegiven iven school related needs, while avoiding any financial burden upon the functions of the District or upon District taxpayers which may result from Town use; and WHEREAS, A.R.S. § 15-1105 mandates that school districts charge reasonable use fees for third party leases of school property for recreational and other purposes, such fees to be at least 2 equal to the school district's costs for utilities, services, supplies or personnel provided by the Slaw District, and only school related groups being eligible to be exempted from such fees; WHEREAS, pursuant to A.R.S. § 15-364, counties, cities and schools may enter into agreements for the construction, development, cooperative maintenance, operation and use of parks and recreational facilities on properties used for public school purposes and under control of school districts; NOW THEREFORE, for and in consideration of the mutual promises and agreements of the Parties herein contained, it is agreed as follows: kilo" I. PURPOSE The purpose of the Agreement is to provide additional opportunities for public recreation in the Amphitheater and Oro Valley communities, and to set forth the rights and responsibilities of the parties relating to Town use of District Facilities. II. EFFECTIVE DATE AND TERM This Agreement shall be effective, following its execution and approval by the governing bodies of the Parties, on the date this agreement is recorded with the Pima County Recorder("the Effective Date"). This agreement shall remain in effect for five years from the Effective Date, unless terminated in accordance with its terms. This Agreement may be renewed by the Parties. Lor 3 • III. DUTIES OF THE DISTRICT A. The District will make District facilities available for the Town's use in providing the public with parks and recreational programs and services. Facilities to be provided for the Town's use include, but are not limited to, the types of facilities described in Exhibit A (hereinafter referred to as "Designated Facilities"). Exhibit A may be amended from time to time by the District's Superintendent or designee to either delete or add types of facilities. B. The District will coordinate requested Town uses of District facilities. In doing so, the District will give priority to requested Town uses, following school and district uses, school related group uses, and other third party uses pursuant to agreements already in place at the time the Town requests a conflicting use. C. Upon the Town's request for a proposed Town use of Designated Facilities, the District will calculate fees, if any, for the Town's desired use and will provide an estimate of the fees to the Town. Upon verification from the Town that the estimated fees will be reimbursed to the District, the District will reserve the specified Designated Facilities for the Town. D. Following a Town use of Designated Facilities, the District shall issue an invoice to the Town for fees, if any. Such fees will not include rental fees, but will be limited to recovery of costs incurred by the District. The District shall have the sole responsibility for determining the amount and sufficiency of fees to be charged for Town uses. 4 IV. DUTIES OF THE TOWN A. The Town will notify the District of facility use needs as early as possible and will only request reservation of Designated Facilities that it fully intends to utilize in order to enable the District to meet other community needs for uses of Designated Facilities. B. The Town may use District facilities for the purpose of providing public parks and recreation programs and activities which are staffed and operated by employees of the Town or Town subcontractors which are disclosed and acceptable to the District. C. The Town will pay fees incurred by its use of Designated Facilities within 30 days of the date of invoice for the same from the District. D. If the Town observes or creates any safety hazards through its use of the Designated Facilities, it shall immediately notify the District in writing. E. The Town shall provide equal access to its programs or activities at Designated Facilities for all District residents, regardless of whether they reside in the Town of Oro Valley. Without limiting the requirements of this paragraph, the Town shall specifically not charges higher fees to District residents who do not live in the Town of Oro Valley. g g F. The Town shall ensure compliance by its staff and program participants with District policiesregulationsregarding and re ardin use of the Designated Facilities and standards of 5 behavior. Without limiting this paragraph, the Town shall enforce the prohibition of "NS tobacco, weapons, drugs and alcohol on and/or near Designated Facilities. V. DETERMINATION OF PRIORITIES AND USES The Town and District acknowledge that all the facilities described under this Agreement are public school facilities to be used for public school purposes as determined by the District. School, District, and school-related activities shall have priority over all other uses of the facilities. In the event of any question as to priority or rights to use District property, the District shall have the sole and final authority to determine the resolution of such questions. The District reserves the right to deny uses of its property which it determines are inappropriate on a school campus. ..4010 VI. MAINTENANCE AND OPERATION COST CONSIDERATIONS Except as otherwise provided herein, the District will be responsible for routine maintenance and operating costs of the Designated Facilities to insure their safe and useful p g condition necessary to serve the school related functions of the Designated Facilities and to meet the standards of the Arizona School Facilities Board. By entering this agreement, however, the District assumes, and shall have, no responsibility to construct, maintain, improve or develop its facilities for park and recreational purposes, this agreement not altering the nature of District facilities as public schools. 6 V. ADMINISTRATION OF AGREEMENT Each party shall designate a representative or representatives who shall be jointly responsible for developing procedures for implementing this Agreement. Except as otherwise provided herein, any disputes arising under this Agreement which cannot be resolved by the above mentioned representatives shall be referred to the District Superintendent and the Town Manager or their other designees for joint resolution. VI. OWNERSHIP OF IMPROVEMENTS The Town may purchase and install equipment or other improvements in conjunction with its use of Designated Facilities. All costs of such improvements shall be borne by the Town unless otherwise agreed in writing. The District shall have the right to set requirements and standards for the location, design, safety and other aspects of such equipment or improvements, and the Town will comply with District requirements. Any improvements made to the Designated Facilities by the Town may be also used by the District, its students, staff and taxpayers. Any improvements made to the Designated Facilities by the Town shall become property of the District, for the benefit of its students. VII. COMPLIANCE WITH LAWS The parties shall comply with all applicable federal, state and local laws, rules, regulations, standards and executive orders, without limitation to those designated within this Agreement. The laws and regulations of the State of Arizona shall govern the rights of the parties, the performance of this Agreement and any disputes hereunder. Any action relating to this Agreement shall be brought in an Arizona court. 7 a. Anti-Discrimination. The provisions of A.R.S. § 41-1463 and Executive Order Number 75-5 issued by the Governor of the State of Arizona are incorporated by this reference as a part of this Intergovernmental Agreement. b. Americans with Disabilities Act. All Project facilities shall be constructed and operated in compliance with all applicable provisions of the Americans with Disabilities Act (Public Law 10 1 -3 3 6, 42 U. S. C. 12101-12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36. VIII. NOTIFICATION Unless other forms or persons are designated otherwise, all notices or demands upon any party to this agreement shall be in writing and shall be delivered in person or sent by mail addressed as follows, unless designated: To Amphitheater Unified School District: To Town of Oro Valley: Todd A. Jaeger, J.D. Assoc. to the Supt. & Gen. Counsel Amphitheater Unified School District Town of Oro Valley 701 West Wetmore Road 11000 N. La Canada Dr. Tucson, Arizona 85705 Oro Valley, AZ 85737 IX. CONSTRUCTION OF AGREEMENT A. Entire Agreement. This instrument constitutes the entire agreement between the parties pertainingto the subject matter hereof, and all prior or contemporaneous agreements and understandings, oral or written, are hereby superseded and merged herein. B. Amendment. This agreement shall not be modified, amended, altered or changed except by written agreement signed by both parties. 8 C. Construction and Interpretation. All provisions of this Agreement shall be construed to be consistent with the intention of the parties as expressed in the recitals hereof. D. Captions and headings. Captions and headings are for index purposes only and shall not be used in construing this Agreement. E. Severability. In the event that any provision of this Agreement or the application thereof is declared invalid or void by statute or judicial decision, such action shall have no effect on other provisions and their application which can be given effect without the invalid or void provision or application, and to this extent the provisions of the Agreement are severable. In the event that any provision of this Agreement is declared invalid or void, the parties agree to meet promptly upon request of the other party in an attempt to reach an agreement on a substitute provision. X. LEGAL JURISDICTION Nothing in this Intergovernmental Agreement shall be construed as either limiting or extending the legal jurisdiction of the Town or District. XI. NO JOINT VENTURE This Intergovernmental Agreement does not, and nothing contained in this Intergovernmental Agreement shall be construed to, create any partnership, joint venture or employment relationship between the parties or create any employer-employee relationship 9 between the District and any Town employees, or between the Town and any District employees. shall be liable for anydebts, accounts, obligations or other liabilities whatsoever of .4400 Neither party g the other, including (without limitation) the other party's obligation to withhold Social Security and income taxes for itself or any of its employees. XII. NO THIRD PARTY BENEFICIARIES This Agreement is not intended to and shall not create any right in any person or entity as a third party beneficiary. XIII. WAIVER Waiver by party either art of any breach of any term, covenant or condition herein contained shall not be deemed a waiver of anyother term, covenant or condition, or any subsequent breach of the same or any other term, covenant, or condition herein contained. XIV. FORCE MAJEURE Aart shall not be in default under this Agreement if it does not fulfill any of its p y obligations under this Agreement because it is prevented or delayed in doing so by reason of g g uncontrollable forces. The term "uncontrollable forces" shall mean, for the purpose of this Agreement, anycause beyond the control of the party affected, including but not limited to g � y failure of facilities, breakage or accident to machinery or transmission facilities, weather conditions, flood, earthquake, lightning, fire, epidemic, war, riot, civil disturbance, sabotage, strike, lockout, labor dispute, boycott, material or energy shortage, casualty loss, unforeseen Nerd 10 natural disastersl, or action or non-action by governmental bodies in approving or failing to act 4111010, upon applications for approvals or permits which are not due to the negligence or willful action p pp pp of the parties, order of any government officer or court (excluding orders promulgated by the parties themselves), and declared local, state or national emergency, which, by exercise of due diligence and foresight, such party could not reasonably have been expected to avoid. Either party rendered unable to fulfill any obligations by reason of uncontrollable forces shall exercise due diligence to remove such inability with all reasonable dispatch. XV. REMEDIES Either party may pursue any remedies provided by law for the breach of this Agreement. No right or remedy is intended to be exclusive of any other right or remedy and each shall be (kliw cumulative and in addition to any other right or remedy existing at law or in equity or by virtue of this Agreement. XVI. TERMINATION A. For cause. A party may terminate this Agreement for material breach of the Agreement by party.the other art . Prior to any termination under this paragraph, the party allegedly in default shall be given written notice by the other party of the nature of the alleged default. The party said to be in default shall have forty-five days to cure the default. If the default is not cured within that time, the other party may terminate this Agreement. Any such termination shall not relieve either party from liabilities or costs already incurred under this Agreement. 1 Also known as"acts of God" 11 B. At will. This Intergovernmental Agreement may be terminated by the Town or District *mid by giving sixty days written notice. Such termination shall not relieve either party from those liabilities or costs already incurred under this Intergovernmental Agreement. C. A.R.S. § 38-511. This Intergovernmental Agreement is subject to the provisions of A.R.S. § 38-511. D. Non-appropriation. It is acknowledged that all obligations of the Town and District hereunder to make payments to or to incur costs for the specified projects shall be subject to annual appropriation by the respective governing bodies and to any limitation imposed by budget laws or other applicable state or local law or regulation, and are undertaken 'go) subject to and in accordance with such processes and constitutional limitations. XVII. NON-ASSIGNMENT Neither party may at any time assign this Agreement without the prior written consent of the other. XVIII. INSURANCE Each party shall secure and maintain comprehensive liability insurance coverage with combined single limit coverage in the amount not less than three million dollars ($3,000,000) for bodily injury and property damage or three million dollars ($3,000,000) for bodily injury and one million dollars ($1,000,000) for property damage. Coverage must be provided under such Nraid 12 policy(ies) for premises/operations, independent contractors, products/completed operations and contractual liability. Each party shall, upon request, provide evidence of said coverage to the other. XIX. INDEMNIFICATION A. Mutual Indemnity. To the fullest extent permitted by Arizona law, each party to this Agreement shall indemnify, defend and hold the other party, its governing board or body, officers, departments, employees and agents, harmless from and against any and all suits, actions, legal or administrative proceedings, claims, demands, hens, losses, fines or penalties, damages, liability, interest, attorney's, consultant's and accountant's fees or costs and expenses of whatsoever kind and nature, resulting from or arising out of any act or omission of the indemnifying party, its agents, employees or anyone acting under its direction or control, whether intentional, negligent, grossly negligent, or amounting to a breach of contract, in connection with or incident to the performance of this Agreement. B. Preexisting conditions. To the fullest extent permitted by Arizona law, each party to this Agreement shall indemnify, defend and hold the other party, its governing board or body, officers, departments, employees and agents, harmless from and against any claims and damages, as fully set out above in paragraph A above, resulting from or arising out of the existence of any substance, material or waste, regulated pursuant to federal, state or local environmental laws, regulations or ordinances, that is present on, in or below or originated from property owned or controlled by the indemnifying party prior to the execution of this Intergovernmental Agreement. 13 Each partyshall notifythe other in writing within thirty (30) days of the receipt C. Notice. of any claim, demands, judgments suits or against the receiving party for which the party intends to invoke the provisions of this Article. Each party shall keep the other party informed on a current basis of its defense of any claims, demands, suits, or judgments under this Article. IN WITNESS WHEREOF, parties the hereto have caused this Agreement to be executed as of the date first appearing. TOWN OF ORO VALLEY AMPHITHEATER UNIFIED SCHOOL DISTRICT NO. 10 OF PIMA COUNTY be , / BY: BY: Mayor Governing Board President Date: 2006 Date: rt" r , 2006 ATTEST: ATTEST: , Town Clerk Governing Board Vice P esident APPROVED AS TO FORM: APPROVED AS TO FORM: /' , Town Attorney Todd A. Jaeger, IIistri Counsel Intergovernmental Agreement Determination The foregoing Agreement between the Town of Oro Valley and the City of Tucson has been reviewp ursuant to A.R.S. § 11-952 by the undersigned, who has determined that it is in proper form and is within thep owers and authority granted under the laws of the state of Arizona to the party represented by the him/her. 14 D TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: September 6, 2006 TO: HONORABLE MAYOR & COUNCIL FROM: Phillip Trenary, Operations Division Manager SUBJECT: Resolution No. R 06- 67 Authorizing acceptance of bid proposal and approval of purchase to Equipment Technology, LLC for the purchase of a lift truck in the amount of$72,783.00. SUMMARY: The Mayor and Council approve and award the bid to purchase a lift truck in the capital improvement line item for the fiscal year 2006/2007 in the amount of $85,000. Three quotes were obtained from the following: Equipment Technology, LLC $72,783.00 Gwartney Auto Group $73,270.00 Hudiburg Fleet & Commercial $77,825.00 The Public Works Operations Division wishes to purchase the described lift truck at a price of $72,783.00 from Equipment Technology, LLC to be used to assist in the maintenance of traffic signals and other overhead equipment. ATTACHMENTS: 1. Resolution (R) 06-67 2. Three (3) cost quotes FISCAL IMPACT: $72,783.00 from Highway Funds FY 06/07 Budget RECOMMENDATIONS: Staff recommends approval of this purchase. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 SUGGESTED MOTION: The Town Council may wish to consider one of the following motions. I move to approve Resolution R 06-67 Or I move to deny Resolution R 06-67 /4 P it renary, Op Di Mgr (A--i Craig Civaljer, own Engineer aii:ef 41,44zA,./1--- avid Andrews, Town Manager RESOLUTION NO. R 06- 6= A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, APPROVING THE PURCHASE OF A LIFT TRUCK FROM EQUIPMENT TECHNOLGY, LLC. WHEREAS, the Town of Oro Valley wishes to purchase equipment that would assist in the maintenance of traffic signals and other overhead equipment; and, WHEREAS, the Town of Oro Valley wishes this equipment to be of a high quality to assist in timelyservice and maintenance to traffic signals and overhead q tY equipment while providing the utmost safety for the traveling public and the town's employees; and, THEREFORE BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA AS FOLLOWS, THAT: The Town Council authorizes the Town Manager to purchase a lift truck from Equipment Technology, LLC in the amount of$72,783.00. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 6th day of September, 2006 TOWN OF ORO VALLEY, ARIZONA Paul H. Loomis, Mayor APPROVED AS TO FORM: ATTEST: Kathryn E. Cuvelier, Town Clerk Melinda Garrahan, Town Attorney ....:... ....... .,. F Equipment Technology, LLC QUOTATION 341 NW 122nd Street Oklahoma City, OK 73114 Quote ID: 20015 Phone: 888-748-3841 Fax: 405-755-6829 Page 1 of 3 Equipment Technology,LLC E-mail: sales@eti1.com Customer: Oro Valley,Town of Quote Number: 20015B 680 W.Calle Concordia Quote Date: 7/11/2006 Oro Valley AZ 85737 Quote valid until: 8/25/2006 Contact: Trenary, Phil Phone: (520)229-4868 Salesperson: House Fax: Prepared By: bcarver QUANTITY DESCRIPTION Chassis Info-Purchased by ETI 1 2007 Chassis 1 FORD F550 TRUCK CHASSIS Four Wheel Drive 17950 lb. GVWR 60"Cab To Axle 6.0L Diesel Engine 5 Speed Automatic Transmission 225/70RX 19.5 Max Traction Tires Rear Fuel Tank Painted Oxford White AM/FM Stereo Radio Air Conditioning Engine Block Heater 6500 lb. Front Axle 4 Upfitter Switches Cruise Control Tilt Wheel Power Windows and Locks Equipment Technology,LLC Aerial Device 1 ETC Series Combination: Articulated/Telescopic Shear Ball Rotation Bearing Body Harness with Deceleration Lanyard Two Operators and Maintenance Manuals ETC37IH 41'9"Working Height 36'9" Ground to Bottom of Bucket 28' Side Reach with End Mount Bucket Continuous Rotation Fiberglass Inner Boom Hoses Inside Boom Are Contained in a Cat Trac 1 All Steel Lower Boom 1 Emergency Power 1 Start Stop 1 No 2-Speed Throttle Control 1 Emergency Power& Start Stop at basket 1 Pedestal(Standard)(41.75) 1 Attribute-Multi-Handle Control 1 No Hydraulic Tool Circuit 1 End Mount Bucket, Multi-Handle Control with Hydraulic Bucket Rotator 1 Powder Paint White with ETI Powder Coating Process 1 Bucket,24 X 30 L/STEP RH CTRL 1 PTO&Hydraulic Pump t If Equipment Technology, LLC QUOTATION ` 341 NW 122ndStreet '~ Quote ID: 20015 Oklahoma City, OK 73114 Phone: 888-748-3841 Fax:405-755-6829 Page2of3 Equipment Technology,LLC E-mail: sales@eti1.com QUANTITY DESCRIPTION ***REQUIRES PTO OPENING ON TRANSMISSION*** 1 Stabilizer Bar,Under Frame 1 Front Axle Stabilizer Kit(Timbren) ETI Truck Body 1 ETI Steel Body 1 Side Box-Street Side(with primer in compartments and neoprene seal around doors) Compartment Layout 108A Height=40" Compartment Depth 20" Front Compartment=33" Width Wheel Well Compartment=48" Width Rear Compartment=27" Width 1 Side Box-Curb Side(with primer in compartments and neoprene seal around doors) Compartment Layout 108A Height=40" Compartment Depth 20" Front Compartment=33" Width Wheel Well Compartment=48" Width Rear Compartment=27"Width 1 Width=93" 1 No walkway in front of body 1 Integrated Tailshelf Length=36" 1 53"Floor Width Integrated Unit Mounting 1 Wheelwell,street side,blank front and Ford fuel filler rear 1 Smoothplate Top on Streetside 1 Latch,compartment rotary,painted 1 Chain Door Holders for vertical and horizontal doors with rubber bumpers on horizontal doors. 1 Wheelwell,street side,blank 1 Smoothplate Top on Curbside 1 Latch,compartment rotary,painted 1 Chain Door Holders for vertical and horizontal doors with rubber bumpers on horizontal doors. 1 Drop-in Wood Tailboard 1 Tailshelf 36" 1 ICC Bumper 78 Wx 13 V-Receiver Tube 1 Mudflaps installed. 1 Pool Style Grab Handle on rear of body on the curbside 1 Body Clearance Lights-Standard Incandescent Bulbs 1 Reflectors 1 Body Tail Lights-Standard Incandescent Bulbs (stop/tail/turn) 1 Backup Lights-Halogen Bulb 1 Triple ID Lights-Bulb 1 Paint body standard ETI White(108) 1 Non-Skid on Bumper 1 Non-Skid on Cargo Area Floor and approximately 8"up walls 4aiov1 Non-Skid on Compartment Tops 1 Non-Skid on Tailshelf 1 Boom Support and Bucket Support 4 SS 1-Dividers, Shelf/Drawer 2 SS 1-Adjustable Shelf .a. s 41(1 a Equipment Technology, LLC QUOTATION q 341 NW 122nd Street Oklahoma City, OK 73114 Quote ID: 20015 Phone: 888-748-3841 Fax: 405-755-6829 Page 3 of 3 Equipment Technology,LLC E-mail: sales@eti1.com QUANTITY DESCRIPTION 1 SS2-Blank 4 SS3-Dividers, Shelf/Drawer 2 SS3-Adjustable Shelf 4 CS1-Dividers, Shelf/Drawer 2 CS 1-Adjustable Shelf 8 CS2-Dividers, Shelf/Drawer 1 CS2-Middle Shelf 5 CS3-Swivel Material Hooks 1 DOT Kit--5 LB. ABC fire extinguisher mounted in cab if there is no interference. Triangle Warning Kit, Spare fuses for truck Required per Federal Motor 2 2 Rubber Wheel Chocks 1 24X30 Bucket Liner-polyethylene 1 Bucket Cover with foam insert for 24X30 bucket 1,020 Delivery 1 Lower Boom Insert 1 Outrigger,A-Frame 1 Master Lock System with a handle on the streetside at the front 1 Light in every compartment with master switch in cab. Vertical compartments will have light on door. Horizontal will have light top front center of compartment. 1 Wheelwell,curb side,wheel chock holders front and rear 1 LED Lightbar to be mounted on top of cab(Federal Signal Jetstream LX) Delivery is appx 180 days aro if order is placed by 8/10/06 to to chassis Quote Total: $72,783. deliveries. The following options may be added: QUANTITY DESCRIPTION PRICE EACH AMOUNT ADD TO QUOTE Customer must fill out the information below before the order can be processed... Accepted by: Date: P.O. number: • Quoted price does not include any applicable taxes. • Quoted price is F.O.B. Oro Valley,AZ. • Quote valid for 45 days. • Terms are Due Upon Receipt unless prior credit arrangements are made at the time of order. • Please note if chassis is furnished, it is as a convenience and terms are Net Due on Receipt of Chassis at ETI. w I r ' Quotation# 1051 Date 7/26/06 Quote Valid 45 days Don Burris Gwartney Auto Group Customer: Town of Oro Valley 14220 N Broadway Extension 680 West Calle Concordia Edmond,Ok 73013 Ora Valley AZ 85737 Phone 405-475-9545 Contact: GJ Anderson Fax: 405-475-9531 Phone 520-229-4868 Chassis Info— 1 2007 Chassis 1 FORD F550 TRUCK CHASSIS Four Wheel Drive 17950 lb. GVWR 60" Cab To Axle 6.0L Diesel Engine 5 Speed Automatic Transmission 225/70RX 19.5 Max Traction Tires Rear Fuel Tank Painted Oxford White AM/FM Stereo Radio Air Conditioning Engine Block Heater 6500 lb. Front Axle 4 Upfitter Switches Cruise Control Tilt Wheel Power Windows and Locks Equipment Technology,LLC Aerial Device 1 ETC Series Combination: Articulated/Telescopic Shear Ball Rotation Bearing Body Harness with Deceleration Lanyard Two Operators and Maintenance Manuals ETC37IH 41'9" Working Height 36'9" Ground to Bottom of Bucket 28' Side Reach with End Mount Bucket Continuous Rotation Fiberglass Inner Boom Hoses Inside Boom Are Contained in a Cat Trac 1 All Steel Lower Boom 1 Emergency Power 1 Start Stop 1 No 2-Speed Throttle Control Emergency Power& Start Stop at basket Pedestal(Standard)(41.75) 1 Attribute-Multi-Handle Control 1 No Hydraulic Tool Circuit 1 End Mount Bucket,Multi-Handle Control with Hydraulic Bucket Rotator 1 Powder Paint White with ETI Powder Coating Process 1 Bucket,24 X 30 L/STEP RH CTRL 1 PTO&Hydraulic Pump ***REQUIRES PTO OPENING ON TRANSMISSION*** 1 Stabilizer Bar,Under Frame 1 Front Axle Stabilizer Kit(Timbren) ETI Truck Body 1 ETI Steel Body 1 Side Box-Street Side(with primer in compartments and neoprene seal around doors) Compartment Layout 108A Height=40" Compartment Depth 20" Front Compartment=33" Width Wheel Well Compartment=48" Width Rear Compartment=27" Width 1 Side Box-Curb Side(with primer in compartments and neoprene seal around doors) Compartment Layout 108A Height=40" Compartment Depth 20" Front Compartment=33" Width Wheel Well Compartment=48" Width Rear Compartment=27" Width 1 Width=93" 1 No walkway in front of body 1 Integrated Tailshelf Length=3 6" 1 53" Floor Width Integrated Unit Mounting 1 Wheelwell, street side,blank front and Ford fuel filler rear 1 Smoothplate Top on Streetside 1 Latch,compartment rotary,painted 1 Chain Door Holders for vertical and horizontal doors with rubber bumpers on horizontal doors. 1 Wheelwell, street side,blank 1 Smoothplate Top on Curbside 1 Latch,compartment rotary,painted 1 Chain Door Holders for vertical and horizontal doors with rubber bumpers on horizontal doors. 1 Drop-in Wood Tailboard 1 Tailshelf 36" 1 ICC Bumper 78Wx 13 V-Receiver Tube 1 Mudflaps installed. 1 Pool Style Grab Handle on rear of body on the curbside 1 Body Clearance Lights-Standard Incandescent Bulbs 1 Reflectors 1 Body Tail Lights-Standard Incandescent Bulbs (stop/tail/turn) 1 Backup Lights-Halogen Bulb 1 Triple ID Lights-Bulb 1 Paint body standard ETI White(108) 1 Non-Skid on Bumper 1 Non-Skid on Cargo Area Floor and approximately 8" up walls 1 Non-Skid on Compartment Tops 1 Non-Skid on Tailshelf • w 1 Boom Support and Bucket Support SS 1-Dividers, Shelf/Drawer SS 1-Adjustable Shelf 1 SS2-Blank 4 SS3-Dividers, Shelf/Drawer 2 SS3-Adjustable Shelf 4 CS 1-Dividers, Shelf/Drawer 2 CS 1-Adjustable Shelf 8 CS2-Dividers, Shelf/Drawer 1 CS2-Middle Shelf 5 CS3-Swivel Material Hooks 1 DOT Kit--5 LB. ABC fire extinguisher mounted in cab if there is no interference. Triangle Warning Kit, Spare fuses for truck Required per Federal Motor 2 2 Rubber Wheel Chocks 1 24X30 Bucket Liner-polyethylene 1 Bucket Cover with foam insert for 24X30 bucket 1,020 Delivery 1 Lower Boom Insert 1 Outrigger,A-Frame 1 Master Lock System with a handle on the streetside at the front 1 Light in every compartment with master switch in cab.Vertical compartments will have light on door. Horizontal will have light top front center of compartment. 1 Wheelwell,curb side,wheel chock holders front and rear 73270.00 Quote Total: ydfrt, Lp-O(4/3„1.), d, �hv 'r le t- Gohi . F7„ - e �G,� Boo ff f 1/ 316 418,1 ?if ?o( qoç 8so J2f ��I� QUANTITY DESCRIPTION Chassis Info-Purchased by ETI 1 2007 Chassis 1 FORD F550 TRUCK CHASSIS Four Wheel Drive 17950 lb. GVWR 60" Cab To Axle 6.0L Diesel Engine 5 Speed Automatic Transmission 225/70RX19.5 Max Traction Tires Rear Fuel Tank Painted Oxford White AM/FM Stereo Radio Air Conditioning Engine Block Heater 6500 lb. Front Axle 4 Upfitter Switches Cruise Control Tilt Wheel Power Windows and Locks Equipment Technology,LLC Aerial Device 1 ETC Series Combination: Articulated/Telescopic Shear Ball Rotation Bearing Body Harness with Deceleration Lanyard Two Operators and Maintenance Manuals ETC37IH 41'9" Working Height 36'9" Ground to Bottom of Bucket 28' Side Reach with End Mount Bucket Continuous Rotation Fiberglass Inner Boom Hoses Inside Boom Are Contained in a Cat Trac 1 All Steel Lower Boom 1 Emergency Power 1 Start Stop 1 No 2-Speed Throttle Control 1 Emergency Power&Start Stop at basket 1 Pedestal(Standard)(41.75) 1 Attribute-Multi-Handle Control 1 No Hydraulic Tool Circuit 1 End Mount Bucket, Multi-Handle Control with Hydraulic Bucket Rotator 1 Powder Paint White with ETI Powder Coating Process 1 Bucket,24 X 30 L/STEP RH CTRL 1 PTO&Hydraulic Pump • QUANTITY DESCRIPTION ***REQUIRES PTO OPENING ON TRANSMISSION*** 1 Stabilizer Bar, Under Frame 1 Front Axle Stabilizer Kit(Timbren) ETI Truck Body 1 ETI Steel Body 1 Side Box- Street Side(with primer in compartments and neoprene seal around doors) Compartment Layout 108A Height=40" Compartment Depth 20" Front Compartment=33" Width Wheel Well Cornpartrent=48" Width Rear Compartment=27" Width 1 Side Box-Curb Side(with primer in compartments and neoprene seal around doors) Compartment Layout 108A Height=40" Compartment Depth 20" Front Compartment=33"Width Wheel Well Compartment=48" Width Rear Compartment=27" Width 1 Width=93" 1 No walkway in front of body 1 Integrated Tailshelf Length=36" 1 53"Floor Width Integrated Unit Mounting 1 Wheelwell, street side,blank front and Ford fuel filler rear 1 Smoothplate Top on Streetside 1 Latch, compartment rotary,painted 1 Chain Door Holders for vertical and horizontal doors with rubber bumpers on horizontal doors. 1 Wheelwell, street side,blank 1 Smoothplate Top on Curbside 1 Latch, compartment rotary,painted 1 Chain Door Holders for vertical and horizontal doors with rubber bumpers on horizontal doors. 1 Drop-in Wood Tailboard 1 Tailshelf 36" 1 ICC Bumper 78 Wx 13 V-Receiver Tube 1 Mudflaps installed. 1 Pool Style Grab Handle on rear of body on the curbside 1 Body Clearance Lights- Standard Incandescent Bulbs 1 Reflectors 1 Body Tail Lights-Standard Incandescent Bulbs (stop/tail/turn) 1 Backup Lights-Halogen Bulb 1 Triple ID Lights-Bulb 1 Paint body standard ETI White(108) 1 Non-Skid on Bumper 1 Non-Skid on Cargo Area Floor and approximately 8"up walls 1 Non-Skid on Compartment Tops 41117 1 Non-Skid on Tailshelf 1 Boom Support and Bucket Support 4 SS 1-Dividers, Shelf/Drawer 2 SS 1-Adjustable Shelf QUANTITY DESCRIPTION 1 SS2-Blank 4 SS3-Dividers, Shelf/Drawer 2 SS3-Adjustable Shelf 4 CS 1-Dividers, Shelf/Drawer 2 C S 1-Adjustable Shelf 8 CS2-Dividers, Shel/Drawer 1 CS2-Middle Shelf 5 CS3-Swivel Material Hooks 1 DOT Kit--5 LB. ABC fire extinguisher mounted in cab if there is no interference. Triangle Warning Kit, Spare fuses for truck Required per Federal Motor 2 2 Rubber Wheel Chocks 1 24X30 Bucket Liner-polyethylene 1 Bucket Cover with foam insert for 24X30 bucket 1,020 Delivery 1 Lower Boom Insert 1 Outrigger,A-Frame 1 Master Lock System with a handle on the streetside at the front 1 Light in every compartment with master switch in cab.Vertical compartments will have light on door. Horizontal will have light top front center of compartment. 1 Wheelwell, curb side,wheel chock holders front and rear Delivery is appx 180 days aro if order is placed by 8/10/06 to to chassis Quote Total: deliveries. • k)uotea price noes not incivae any appiicanie taxes. • Quoted price is F.O.B. Oro Valley,AZ. • Quote valid for 45 days. • Terms are Due Upon Receipt unless prior credit arrangements are made at the time of order. • Please note if chassis is furnished, it is as a convenience and terms are Net Due on Receipt of Chassis at ETI. :RV TTj � 33BPM12Z ITEM E TOWN OF ORO VALLEY ADDENDUM COUNCIL COMMUNICATION MEETING DATE: September 6, 2006 TO: HONORABLE MAYOR & COUNCIL FROM: Steven Faaborg, Senior Civil Engineering Technician SUBJECT: PUBLIC HEARING Resolution (R)06- 68 vacating a portion of an alley in Shadow Mountain Estates to an adjacent property owner SUMMARY: A commercial developer, 327 OH Land L.L.C., desires to obtain a portion of an alley adjacent to their property. The developer is proposing a complex of general office and medical office uses, tentatively known as the Copperstone Office Complex. The property is currently vacant and undeveloped. The alley in question is a 20' strip of land approximately 325 feet in length located along the north side of the Suntree Village apartment complex and the south side of the applicant's property. The alley was originally dedicated to Pima County by a replat of Shadow Mountain Estates called Oracle Square (Book 14 Page 77) in April of 1960 and became Town property when the area was annexed in 1984. The portion of the alley proposed to be vacated is presently overgrown and impassable. Even in the event the alley should be cleared and made useable, the only street accessible from this segment of the alley is Oracle Road, which is not a Town maintained roadway. The Town is essentially responsible for the maintenance of an alley that serves no practical purpose to the Town, and exposes the Town to liability for any injury or accident that might occur there. All affected utility companies have consented to the vacation. No land adjoining this right-of-way would be left without access to a public street as a result of this vacation. Notice of the Public Hearing has been posted in three places on the property and it has been published as required. ATTACHMENTS: Resolution, Application to vacate public street, legal description of parcel to be abandoned, Assessor map, List of adjacent property owners. FISCAL IMPACT: The Town does not receive revenue from the vacation of this right-of- way. RECOMMENDATIONS OF STAFF: The Town Engineer has no objection to the vacation of this parcel. SUGGESTED MOTION: I move to approve Resolution No. (R)06- 68 , vacating a portion of an alley in Shadow Mountain Estates to an adjacent property owner or I move to deny Resolution No. (R)06- 68 , vacating a portion of an alley in Shadow Mountain Estates to an adjacent property owner �epartm:nt Hea• Town Manager TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: September 6, 2006 • TO: HONORABLE MAYOR & COUNCIL FROM: Steven Faaborg, Senior Civil Engineering Technician SUBJECT: PUBLIC HEARING Resolution (R)06- 68 vacating a portion of an alley in Shadow Mountain Estates to an adjacent property owners SUMMARY: A commercial developer, 327 OH Land L.L.C., desires to obtain a portion of an alley adjacent to their property. The developer is proposing a complex of general office and medical office uses, tentatively known as the Copperstone Office Complex. As part of the application process, the developer has paid a $780 fee in order to help defray the administrative costs of vacating the alley. The property is currently vacant and undeveloped. The alley in question is a 20' strip of land approximately 325 feet in length located along the north side of the Suntree Village apartment complex and the south side of the applicant's property. The alley was originally dedicated to Pima County by the final plat of Shadow Mountain Estates in March of 1959 and became Town property when the area was annexed in 1984. The portion of the alley proposed to be vacated is presently overgrown and impassable. Even in the event the alley should be cleared and made useable, the only public street accessible from the alley is Oracle Road, which is not a Town maintained roadway. The Town is essentially responsible for the maintenance of an alley that serves no practical purpose to the Town, and exposes the Town to liability for any injury or accident that might occur there. All affected utility companies have consented to the vacation. No land adjoining this alley would be left without access to a public street as a result of this vacation. Notice of the Public Hearing has been posted in three places on the property and it has been published as required. ATTACHMENTS: Resolution, Application to vacate public street, legal description of parcel to be abandoned, Assessor map, List of adjacent property owners, Quit Claim deeds. FISCAL IMPACT: The Town does not receive revenue from the vacation of this right-of- way. RECOMMENDATIONS OF STAFF: The Town Engineer has no objection to the vacation of this parcel. SUGGESTED MOTION: I move to approve Resolution No. (R)06- 68 , vacating a portion of an alley in Shadow Mountain Estates to an adjacent property owner or I move to deny Resolution No. (R)06- 68 , vacating a portion of an alley in Shadow Mountain Estates to an adjacent property owner Depart'sent Head I Town Manager • 'Sow RESOLUTION NO. (R)06- 68 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, VACATING A PORTION OF AN ALLEY WITHIN THE SHADOW MOUNTAIN ESTATES SUBDIVISION. WHEREAS, the Town of Oro Valley is a political subdivision of the State of Arizona, and pursuant to Article 13, Section 7 of the Arizona Constitution, is vested with all rights, privileges, benefits and is entitled to the immunities and exemptions granted municipalities and political subdivisions under the Constitution and laws of the State of Arizona and the United States; and WHEREAS, the Town of Oro Valley has the authority to vacate dedicated rights-of-way pursuant to Section 7-7 of the Oro Valley Town Code; and WHEREAS, the alley in question has been previously dedicated to Pima County by the final plat of Shadow Mountain Estates and later to the Town by process of annexation from; and WHEREAS, the dedicated alley is not needed for public use; and WHEREAS, no land adjoining said dedicated right-of-way would be left without access to a public street; NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Town of Oro Valley, Arizona, to approve the vacation of a portion of the alley as described in Exhibit 1, to the adjacent property owners. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 6th day of September , 2006. TOWN OF ORO VALLEY ATTEST: Paul H. Loomis, Mayor 41110" Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Now Melinda Garrahan, Town Attorney Date: • TOWN OF ORO VALLEY APPLICATION TO VACATE A PUBLIC STREET, EASEMENT OR ALLEY (PER ORO VALLEY TOWN CODE, ARTICLE 7-7) Applicant VZ1 (.1)• J . `/c���c�fDate 313o/4�L ,St �. gOS-3 eoo Address � . � / JUE3TE2Or,4ZTelephone �►��- l ��� City LiG�l�l State A% Zip y 7 [d Before the Town will consider this application to vacate a public street, easement or alley, the following items will need to be submitted with the application: o The applicant must provide a complete written explanation of why the vacating is sought; why it is felt that the Town no longer requires the use of said property. (Written explanation to be attached hereto) o Fees to cover administration, legal and engineering costs: Abandonment of streets and alleys - $780.00 NOTE: All fees are non-refundable o An accurate legal description of the property to be vacated must be provided. o Applicant must provide an acceptable title report and a county assessor's map clearly describing the Subject Street or alley. All adjacent property owners, their ‘spe addresses and phone numbers must also be included. o Written permission and authorization for the requested vacating must be secured from all affected public utilities. Copies of all letters of authorization and permission must be submitted with this application. Utility Company Phone Number Have responded Tucson Electric Power Company 623-7711 Pima County Wastewater 740-6500 Qwest Communications 884-2355 M City of Tucson water 791-3242 / A Metropolitan Water 575-8100 Aff Oro Valley Water Utility 229-5000 Southwest Gas 889-1888 Rural Metro Fire Department 297-3600 Golder Ranch Fire Department 825-9001 4111w Comcast Communications 744-2653 1 • o Applicant shall furnish at time of the application appropriate Quitclaim Deed forms to the Town pursuant to the request of vacating. The Quitclaim Deeds shall be in a form sufficient to convey title in the manner set forth in ARS 28-1902 et. seq. o Applicant must provide a map indicating the exact location of the property to be vacated. All conditions required in Article 7-7 must be satisfied by applicant except those specially stated as requiring Town Council action or waived by Town Council. ") S:'=�" re of Applicant To be completed by Town Staff This application was received on `,5/*- 06' by /�%(/� .:r Public Works/Planning & Zoning Approval 4,0110 Public Works Date Planning & Zoning Date 2 • • Exhibit 1 Legal description of alley to be abandoned *ow A certain portion of a twenty foot wide alley situated in the northerly portion of Block A of Shadow Mountain Estates, Book 13, page 75 of Maps and Plats, as shown in the plat of Oracle Square, Block A in Book 14, Page 77 of Maps and Plats and as shown in Plat of oracle Square, Block A in Book 37, page 24 of Maps and Plats, Section 24, Township 12 South, Range 13 East, Gila and Salt River Meridian, Pima County, Arizona; more particularly described as follows: BEGINNING at the southwest corner of Block B of said Shadow Mountain Estates, Book 13, Page 75, Maps and Plats, Thence North 89 degrees 51 minutes 55 seconds East, along the south line of said Block B, a distance of 325.55 feet to a point lying on the westerly right-of- way of Oracle Road, Thence South 19 degrees 45 minutes 10 seconds West, along said westerly right-of-way, a distance of 21.28 feet to the northeast corner of said Oracle Square Block A (Book 14, Page 77 and Book 37, page 24 of Maps and Plats), Lir Thence South 89 degrees 51 minutes 55 seconds West, along the north line of said Oracle Square Block A, a distance of 325.55 feet, Thence North 19 degrees 45 minutes 10 seconds East, a distance of 21.28 feet to the POINT OF BEGINNIG. Said parcel contains 6,514 square feet or 0.150 acres, more or less. ` NORTHERN AVEi (.-PTEo SHACi(✓ M:UNAii -4 TES A4‘P J1;75 •\132.21.-SECTION CORP." ------- \' 14.; --NiLLEY�Irff]f?----1- Np'�•4• 7- � --. 0'0 `i \ I-23.BLDG.SETBACK (J) ics0 O O r N - . \''i, l'i ..- - 6 tE"' i 4 I.:. - 4.' A ' W I i \ y? A N ` )1 :T1 1 1 \ , {, 111 df. �`^1 '� \ y �� VOA) �N �e • ‘. Fi gg Z .0 "w\ -t'1 ==r vMa esu _ �� r `- z o r . - p • 1 _� a 4; 1.5%,, , , q O. S r a D 4 ri n , c_y r-_ ii! iuo is ,1. M 4 a \7 —rn relP 11 WO l': 2 7. \ 8 i;.1 �; �- �� x - • R v , a !fI . \ -tA wa_ \ . 34- illA' A $ 30.Bt..SETBACK nj r. • �: A5Z�A:+ .\ PI i8 O4 1 i;C Q'la (* T 30'R.OJ Mf f4/T 71 i M!9•f1/O'E 1143.67, ` ,(I) ' �' /�; 5 t-s Val a� o, TUCSON FLORENCE HWY. x o �� t V A r 8° , E f/fT171Qr AECOrx7ED UNDER ROAD NQ/3J,/.Ul;/9E'T1 _ $ 1� y o I N• ORACLE ROAD • �� ;� 0 j i �' • �.... NI!•s090•E l204N. °� �CENTEgL/NE 0 • SHADOW fNt-%LAN Ji1::1� ESTATES-Gi�J`�T 'a° .n f\) ` � Al P !4-,`3 0 0 OO 2 1 , . .... • __74000.../. ' 1.,‘ i a9; 23,1k o n 41=3 Al -; t'k 1 1i 4 e.14. 4 ' \cg • - — —- p,:11 , %I. 0- - ---- IV 115 Fl \PO tvs i , 0ilg1_ ! 11 il Fli 41. '- A c 4 . iii R p i ". i— 1-`:, ,D2 if' 1 i 0 ag .,,,, 2 -'n r•, I � 1nt -ICI"; 4 4, q1 Gl IR ! na IR. vn n a 1311 1! i: u a IZ 1e i Oi' 3 a i2 ayi r -riO man :w oz 14 . -45 PR 51 ?•_, ig A 4 4R y R ci 1 $ c-cs .';,4 . , 3n ;Ill -1 , ro s ii til 4yi k '4-14 ?„ \- tiI P sA s S 1>i 203 -< 4 1 r* e j> '' 0 40: 31 i 1 e: ultt- . ...%, k".- 44 t I,- -t.. ' 9i, i -;14 416, ,,. - ,ii rl- "" t Nill 9 ! lin • if 111- -- ili . t 1'0 • i t 1 . oA • (x� , ` P r1 .1 W IP . h a" NKZ® y it.%)1,1,14%' 2,14 '4i oy D~ - ' ODr • ; ;Vig � 14 .t;.' :, o A t. .. Z0 • i 941' i'ri 2:1 MT', C -i .4' - an'; 41;ii '41 ih •co 'y • r<' A 1 IV >' -°i PO 2A • is #Ng~ O —...20 . '�1-+y.: ,ia io,Z°c zaY °a4 i 1 I AA �1Qp' • 0 0) M ;2•/� ` s< CZy in ;S �1a Cb gC_a p • rn a • ���p i<a ,2>4C t O e10 N ,.• - 1 � si>< t• COW* i •ce•< IP'. �' MIWI' Sao 'uCALLE NJENA ,_VISTA , ,.�... a as Cn +� • '� , ^�O 0 °;A ,`�I(� h: c! r- i ill . .e. • '+,,.. -a ana4 � -1Vi. t i • & Ili � � � �+ z ���Ml�o c•i 0;1 M Z ti a:! • �v�j ,- '�% i-,: <t i =� ;iii s:c oZ= �• C m ° -ia3 IO*r4 4� 7.4.. •�j U L y� n M s N„w ,4;3 N , k 3,t-,- Iii ,� ",� Q �i� �:A 'a O :li3Ts '�1��"+ Ath. SJaAi . ; o Za. • ` � �t vC O FL ENCS.1 At N 4 IP 7 i irn 4> AO , ,:y Liip,, 4! 40 1.i s^p�yc .off EZ;: o,,CORONAOO NATIONAL FOREST ilia a 1_ !Le O P'-l'• - ..: fil F.^coi .- 2Zv c"i o '' 1300K J7 PAGE 2 r 411) 327 OH LAND LLC 4651 N. 1St Avenue Tucson,Arizona 85718 Ph. 520-808-3700 Fax 520-887-3039 Town of Oro Valley 11000 N. La Canada Drive Oro Valley, AZ 85737 To Whom It May Concern: The following are the names and addressees of property owners surrounding the subject alley we are requesting to be vacated. The property owner of parcel number 225-11-2330 to the south is: SunTree Village Ltd., Partnership Attn: Dial Equities 8313 Spring Plaza Omaha,NE 68124 866-390-6208 ‘lior Physical property address is: 8851 N. Oracle Road Oro Valley, AZ 85737 520-297-0047 The property owner of parcel number 225-11-0450 to the west is: Eduard A & Sue Ellen Brinley 9020 NB Shadow Mountain Dr. Oro Valley, AZ 85737 520-797-0154 Thero erty owner of parcel number 225-11-1990 to the north is: p p 327 OH Land LLC, the initiator of the vacating request. The property to the East is Oracle Road. When Recorded Mail To: 327 ooL. OLL ( 47j , ) rA5, 5Urr &A l� 1.1466oN, AZ. s' rlIS QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Town of Oro Valley hereby remises, releases and quitclaims to 327 OH Land, LLC an Arizona Limited Liability Company the following described real property situated in Pima County, State of Arizona: SEE EXHIBIT ONE ATTACHED HERETO AND MADE A PART HEREOF DATED: August 11, 2006 STATE OF ARIZONA COUNTY OF This instrument was acknowledged before me this daY cf by Signature Notary Public My Commission Expires: FNTA(Rev 6/96) QUITCLAIM DEED itallitior LEGAL DESCRIPTION ALLEY ABANDONMENT EXHIBIT CSM a that certainportion of a twentyfoot wide alley situate in the The northerly ten(10) feet o f northerly portion of Block A of Shadow Mountain Estates,Book 13, Page 75 of Maps and Plats, as shown in the Plat of Oracle Square, Block A in Book 14,Page 77 of Maps and Plats and as shown in Plat of Oracle Square,Block A in Book 37,Page 24 of Maps and Plats, Section 24, Township 12 South,Range 13 East, Gila and Salt River Meridian, Pima County, Arizona; more particularly described as follows: BEGINNING at the southwest corner of Block B of said Shadow Mountain Estates, Book 13,Page 75, Maps and Plats, Thence N 89°51'55"E, along the south line of said Block B, a distance of 325.55 feet to apoint lyingon the westerlyright of way of the Tucson-Florence Highway, Thence S 19°45'10"W, along said westerly right of way, a distance of 10.64 feet to a point lying 10.00 feet north of the northeast corner of said Oracle Square Block A(Book 14,Page 77 and Book 37, Page 24 of Maps and Plats), Thence S 89°51'55" W,parallel with the north line of said Oracle Square Block A, a ‘11111or distance of 325.55 feet, Thence N 19°45'10"E, a distance of 10.64 feet to the POINT OF BEGINNING. The above described containing 3,257 square feet, more or less. LANO.-'' 1.-- iiin \ ICA 7 ‹�33308 �GEOFFREY K. BRIMHAL 0Fa I �s s% i -/ edy , �, • a. w • �� `'�. 70,...- CDr---' U!' I „,... _i_...„ \ / CZ' 0” --_I <, aka. <C ci CO 2 _______.,„........r 41111"."-- cf) (‘: ‘ Z c14 r. / ,N C/ ...j\,.-:-1,.. C-c'el LL.7---- C •' 0 rn C4<4 E-4Z )--1<4 in C-)1-4 ! ,,,,,, . 7( A/ 3 A / \e<s)/ 0� orl F a� -- F'' :..x A.. W . / V .v (;6% !<6, Ow CCO2 co.:)) kw: r--+Q d x C4 in i co o• --\ 0 ><<4 �' � o2z . 7---_______ A 1 r...., w� O OEN m o <c E- _U Ji? m cO . O r.., ,iV m c_iv Y O '_ il's / r O OusO .- Z Z Z�Z W N . Efl g¢O V /� 0 4 0 N Z Ck.1 ~ _ E--P4 z Q z ti 0 z Li LD o � l� q o m ` � � �- � � z 1- W Z El I— Co 0 Q Aa a- I-- Q �--+ V) a_ -- O dsI— E---- CU � D� o � � El Z C� �C o.-a CU _J I0-) <E ,.___ L 1 _J r- -_____ W f CU V W � z a- W , Q \P / 'ffj _J C:9 j) .(t 'sr U CO V) / /// O' o ds �. 6- /, ? cv as � � � <E C2' CY Z El C4 I Q 4 2/ 0^(2' 4/ in �, _ / ro co o co O Q2',K d W 13 •ct1--- LJ Li _JU-) 'CD rn O r-- 21 z :.---- ------- ---k -+ In .r.-4 in o CLO25 o� o� tum .-•\ z c (/) (A Z r-. (U co V' \ _1 J J —1 When Recorded Mail To: Vit-t-k4e- PAi2naGe9fif etpuirte Ikive%-1-(641,4T5 8313 Sp(2ixi6 e/-A%43.- bMA-N64 , NE 11z4 QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Town of Oro Valley hereby remises, releases and quitclaims to Suntree Village LTD Partnership the following described real property situated in Pima County, State of Arizona: SEE EXHIBIT ONE ATTACHED HERETO AND MADE A PART HEREOF DATED: August 11, 2006 STATE OF ARIZONA COUNTY OF This instrument was acknowledged before me this clEY of by Signature Notary Public My Commission Expires: FNTA(Rev 6/96) QUITCLAIM DEED LEGAL DESCRIPTION ALLEY ABANDONMENT11) EXHIBIT:D ►a The southerlyten(10) feet of that certain portion of a twenty foot wide alley situate in the northerly portion of Block A of Shadow Mountain Estates,Book 13, Page 75 of Maps and Plats, as shown in the Plat of Oracle Square,Block A in Book 14,Page 77 of Maps and Plats and as shown in Plat of Oracle Square,Block A in Book 37,Page 24 of Maps and Plats, Section 24, Township 12 South,Range 13 East, Gila and Salt River Meridian, Pima County,Arizona; more particularly described as follows: Commencing at the southwest corner of Block B of said Shadow Mountain Estates, Book 13,Page 75,Maps and Plats, Thence S 19°45'10"W, along the southerly prolongation of the west line of said Block B, a distance of 10.64 feet to the POINT OF BEGINNING, Thence N 89°51'55"E,parallel with the south line of said Block B, a distance of 325.55 feet to ap oint lying on the westerly right of way of the Tucson-Florence Highway, Thence S 19°45'10"W, along said westerly right of way, a distance of 10.64 feet to the northeast corner of said Oracle Square Block A(Book 14, Page 77 and Book 37, Page 24 of Maps and Plats), Thence S 89along W, the north line of said Oracle Square Block A, a distance of 325.55 feet, Thence N 19°45'10"E, a distance of 10.64 feet to the POINT OF BEGINNING. The above described containing 3,257 square feet, more or less. ‘,AND so/9 •`k' \f1CATk• kF` 6,0N� O Lc, Cr 3330$ cc GEOFFREY K. BRI HALL 64 Of, 9rred • '/ r- r- r r- -A W tv z vs cn z >.\ '-' -' CD 3 td R) �O �D �D 90 O -0 , )-- - - (11 .-- U1 '; r-' 1--. d? _ :8 Viii CE; Ul m r- 'X I> C-I M 47,7 .2' 7•4O/ o � oQris ....„1, '� '9� � N cn m � u -' '9 u, _ o I / ,o ,i--/07 / 7C iZ7 3 o R) �.�' � � o 'y). 'o � / 6N__N D. ` -o1, Z -0 C, !, r0 R C I--- D. I V) ' H --,._. ed 1 r ,_ ...., XtzlMV) ( ) w I I r-- R) o J 7C V) Z Ell D. 0 - -0 ---1J> C - D -U (/} F--' ]> t=.1 ___190 o to Li i 7) ,_,_, Z --U V) -1 -p r --__ _L to -< 0 t-_:J L--) --,- CD C-1 M ',_ I d o -0 C 0n '--' ` It 0 T1 r- z bd � m D -I r- . . r— d ,._, ry Z .-000 /u E'ZZ- Z Z '4 F Q � O .. NiNom / \_s No A.m F.." „,, o co r 7 °CE/ A / . tri t):t'I III M -°nv x ,___,,e, F7.s. r--). -----____ , - r -01111 zik. , o Ugh ri x9' P :j.-----4 URCA/ ” 0 • 'Ci -.1 0 Cd "C7L/ - `", .-r.Q F--{ 0 .< (8° >. 1 / 4/ )z . ,_, CI) >,z 4 tri tz ,..„, Z — C) o Z tri C '1 ,,,,,--3 Cn trit,,, ��� x O ,< tA G,pC / 5 pi. .:,'t)-3 .") tll '1,...-=''' .-ti / r "*.iitiar cn NN o o w r---.., ch en co. • t� b TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: September 6,2006 TO: HONORABLE MAYOR& COUNCIL FROM: Lory Warren, Street Superintendent SUBJECT: Resolution (R) 06- 69 Acceptance of proposal and award of contract for "Annual Special Maintenance Projects", Project No. OV 30 06/07 01 SUMMARY: The Department of Public Works has advertised and solicited bids for the Annual Special Maintenance Projects No. OV 30 06/07 01. This contract will provide the Town of Oro Valley with an "On-call" contractor and the use of their equipment for special street and drainage maintenance needs that the Town of Oro Valley Public Works employees are not equipped or skilled to do. Reimbursement under this contract is mostly on a"per hour" quote for equipment with operator and contains the option to renew for two (2) additional one (1) year periods. The Town of Oro Valley makes no guarantee to the contractor that the full amount will be utilized. There is no minimum of work assured to the contractor. One (1)bid was opened on August 8, 2006. The bid received was as follows: • Southern Arizona Paving&Construction,Inc. $61,170.00 ATTAC MENTS: 1. Resolution(R) 06 - 69 2. Bid Advertisement 3. Bid received from Southern Arizona Paving& Construction,Inc. FISCAL IMPACT: Funding for this project is available from the Highway Funds FY 06/07 under Streets Maintenance and is budgeted for$80,000.00 per year. Page 2 of 2 RECOMMENDATION: Public Works staff recommends the awarding of this contract to Southern Arizona Paving& Construction Company,Inc.,through the adoption of the attached resolution. SUGGESTED MOTION: The Council may wish to consider one of the following motions: I move to approve Resolution(R) 06-69 OR I move to deny Resolution(R) 06- 69 ' ',,_. )i/ , r--. *t7 Mfri'/WP ' ip reifary, e� ti s iv Mgr (4, e,e /(0`e.i'(A-11 Cr ' CivOer,Town Engineer itinzi'A 6)41_1f--4-')-- David Andrews, Town Manager RESOLUTION NO. (R) 06-69 tkilaw A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, TO ACCEPT PROPOSAL AND AWARD CONTRACT OV30-06107 01 FOR THE ANNUAL SPECIAL MAINTENANCE PROJECTS CONTRACT. WHEREAS, the Town of Oro Valley Department of Public Works has advertised and accepted bids for Annual Special Maintenance Projects Contract; and WHEREAS, the Town of Oro Valley has verified that the lowest responsive bid is from Southern Arizona Paving & Construction Company, Inc. for$61,170.00 and WHEREAS, the Town of Oro Valley Y has the included the option of utilizing this bid for two (2) additional one (1) year periods; and WHEREAS, the Town of Oro Valley Department of Public Works has verified that Southern Arizona Paving & Construction Company, Inc. has complied with all preliminaryrequirements in the contract necessary to accept and award Contract 0V30 06/07 01 for the Annual Special Maintenance Projects contract. THEREFORE, BE IT RESOLVED, BY THE MAYOR AND THE 4100 TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA: Authorizing Mayorapprove to a rove the contract with Southern Arizona Paving & Construction Company, Inc. for the Annual Special Maintenance Projects Contract 0V30-06/07 01. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 6'd day of September 2006 TOWN OF ORO VALLEY, ARIZONA Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Melinda Garrahan, Town Attorney Date Date ;N.OTiCE INVITING BLISS informality,or technicality in any bid,or for to withhold the award to the extent per- PROJECT NO.OV 30 06/07 01 mitted by law. The Town Council fur- In the ther reserves the right to advertise for TOWN OF ORO VALLEY,ARIZONA new bids if, in the judgment of the PUBLIC NOTICE IS HEREBY GIVEN Town,the best interest of the Town will that: be promoted thereby. Bidder may not SEALED PROPOSALS will be received withdraw his/her bid prior to execution at the office of the Town Clerk,Town of the contract by the successful bidder. Hai 000 North La Canada Drive, The successful bidder shall cause the Tc • Oro Valley,Arizona 85737,up Performance Bond to remain In full to. • later than Tuesday,August 8, force and effect through the warranty 200b at 9 a.m.at which time they will be and guarantee period. publicly opened and read for the work The Bidder's attention is directed to generally described as follows: Section 15 of the Contract.Agreement PROJECT NO. OV 30 06/07 01 entitled,"PARTIAL PAYMENT"of the Annual Special Standard Specifications for direction on • Maintenance Contract how the ten percent(10%)retention will all in accordance with the Plans OV 30 be administered. 06/07 01,Specifications,Special Provi- The Contractor to whom the contract is sions and other Contract Documents on awarded shall be required to obtain a file in the office of the Town Engineer, Business License from the Town of Oro Town of Oro Valley, 11000 North La Valley and shall be required to pay all Canada Drive, Oro Valley, Arizona necessary fees. Information regarding 85737. The work to be performed In- • the Business License can be obtained cludes,but is not limited to:providing from the Town Clerk,Town of Oro Val- the Town of Oro Valley with Roadway ley, and 11000 N. La Canada Drive, and Drainage Maintenance work as Oro Valley,Arizona 85737. necessary for a period of one(1)calen- Standard Specifications-The CITY dar year. OF TUCSON/PIMA COUNTY STAN • - The TOWN shall have the option to ex- DARD SPECIFICATIONS FOR PUBLIC tend this Agreement for two(2)addi- IMPROVEMENTS (2003 Edition), in- tional one-year periods.Any modifica- cluding all SUPPLEMENTAL AMEND- lion;or extension,-shatt-be by formal _ - idtENTS wItt-be-followed-unless other-- --__ ---,.__-._-- written amendment and executed by the wise specified. -�""-- -- �- -- _ parties hereto. In the event economic SPECIAL WATER USE PERMIT conditions are such that price increases The Contractor shall obtain a fire by become necessary, THE CONTRAC- drant flow meter for which there is a TOR must submit to THE TOWN sup- $1,200.00 deposit. The fees for con- porting documents justifying such In- struction water will be the equal to the • • creases. THE TOWN will review the sum of the current Town of Oro Valley proposed pricing and determine if it is in Water Utility Commodity Rate and the the best Interest of THE TOWN to ex- current Town of Oro Valley Water Utility tend or re-bid the contract monthly minimum base rate. The Con- No bid will be accepted unless it is tractor shall use only that hydrant desig- made on the Bidder's Proposal Forms nated by The Town of Oro Valley Water furnished by the Town. Each bid must Utility at the preconstruction meeting. be accompanied by cash, cashier's The Contractor shall contact the Town check,certified check,or Bidder's Bond of Oro Valley Water Utility office at • on the bond form furnished by the ". (520)229-5000 to arrange for the me- Town,payable to the Town of Oro Val- ter. ley in an amount equal to at least ten Requests for technical information relat- percent ... (10%)of the total amount of the Ing to the details of the proposed project biq-- Ilure to execute the Contract must be addressed in writing to Lory A( int and/or submit the required Warren with the Operations Division of Pt once Bond,Payment Bond,or the Town of Oro Valley at fax (520) • • Insurance Certificates to the Town 229-5073. within fifteen(15)calendar days after Phil Trenary,Operations Division Man • - the date of the award of the Contract is ager just cause for annulment of the award Town Clerk Kathryn Cuveller and forfeiture of the proposal guaran- Town of Oro Valley,Arizona 85737 tee. Date:07 27 06 @ 3:30 p.m. No work shall be started until the Con- POSTED:07 27 06-08 08 06 lh tractor has obtained all necessary per- PUBLISH:The Daily Territorial . mits related to Project. The Contractor July 31,2006 shall obtain and pay for all permits and prov30 06/07 01 a.s fees and give all notices incident to the • due and lawful prosecution of the work and to the preservation of the public health and safety. FEES WILL NOT BE COLLECTED ON THOSE PER- • MITS OBTAINED FROM THE TOWN FOR TOWN-OWNED-PROJECTS. •• • All bids are to be compared on the ba- • sis of the Town Engineer's estimate of quantities of work to be done. No bid will be accepted from a bidder • who is not fully and properly licensed as . a contractor for the work to be done by • him/her in accordance with the provi- sions of Arizona Revised Statutes,Title • 32,"Professions and Occupations". A deposit of$25 is required for a set of Contract Documents, including • Plans and Special Provisions.The • Plans may be picked up at Thomas Reprographics,537 N 6th Ave,Tuc- son,AZ telephone#520-624-8881. The Plans should be returned in two weeks after the bid opening in order to receive your deposit. The Stan- • dard Plans and Standard Specifica- tions may be obtained from Pima County/City of Tucson and the Wa • - terworks Standards may be obtained from the Oro Valley Water Depart- ment,11000 N.La Canada Drive,Oro • V tL & Arizona 85737. All additional • s' Contract Documents,as de- st .above,may be purchased for a non-refundable fee of$25 each. The Town Council reserves the right to reject any and all bids or any part thereof,or to accept any bids or any - part thereof,to waive any irregularity, • t . . , )66-MaicMakil, r itifor ITEM NO L..; ITEM DESCRIPTION UNIT QUANTITY AMOUNT TOTAL 1A 4'Concrete cut-off wall Linear foot 50 _ ‘0- 3o DO - 2A Grouted Rip Rap Square yard 50 goVoda 3B Grader/14'mole board Hour 100 /n4 - ,fid a) 4B Pneumatic Roller/8 ton minimum - Hour _ 100 5',.) - 5B D-8 dozer Hour 10 /,9p... /.266 -; 6B 7 yard dump truck Hour 10 55_ 5,, 7B Semi truck/Belly dump Hour 40 7 – :30 d o yard 4 and loader Hour 40 IS-- 34 a _ I96 Side cast power broom _ Hour 40 ��- eSOt) 10B Power"Pick-up"broom(vacuum or regenerative air) Hour 40 6'� 34.10d— 11 B Diesel Backhoe min.70 SAE HP Hour 40 OS-- ,Aad 12B Water truck 2500 gallon _ Hour 40 to,S- ,24 o v- 13B Equipment Transport Hour 20 d,S noq p 14B Labor Hour 80 0l I " 1'3,2o '' 15B Supervisor with truck and phone Hour 40 '+D /406p , 16B Tractor with Gannon box Hour 40 tAr _Zia() 17B Traffic Control Devices per Appendix A FA 1 $3500 $3500 I 18B Landfill fees FA 1 $2500 $2500 19C Water(Invoice+15%overhead) FA 1 $1000 $1000 20C PAG Specification ABC FA 1 $1000 $1000 I 21C 3000 PSI Concrete FA 1 $1000 $1000 22C PAG 3 Specification Asphalt FA 1 $1000 $1000 I I %Or I TOTAL (of 70 ' TOTAL BID AMOUNT IN NUMBERS FOR ANNUAL SPECIAL MAINTENANCE PROJECTS 6/ /7a '� Y • S 1 C : -.I E AN E PROJECTS ',i--1:':!,:=,::;..t-- ii-'e + TOTAL B , AMOUNT IN WORD FOR Si ►/ p1 / DAm -'err 3.s�:z,X'� '�` 4 t RECEIPT I F ADDENDA NO(S). IS HEREBY ACKNOWL .0 GED. IL I • I - lI Bid does revised 032305 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: Sept 6, 2006 TO: HONORABLE MAYOR & COUNCIL FROM: Jose N. Rodriguez, P.E., Engineering Division Manager 70 SUBJECT: Resolution (R) 06- Acceptance of Bid and Award of Contract for Rancho Feliz Pavement Rehabilitation Project Phase II, Lots 353-389. Project No. OV 30 05/06 06, SUMMARY: This project involves, but is not limited to: pulverizing and removing asphalt roads, roadway grading for new pavement, 2" new pavement, installation of rip rap, concrete header, pavement markings, removal and replacement of survey monuments, manhole and cleanout and valve box adjustments and other incidental items of work within the Rancho Feliz subdivision, Lots 353-389. An open house was held August 15, 2006 from 4 to 6 PM at the Hopi Conference room for this project. Residents in this subdivision were invited by Public Works; however, no one attended. In response to the advertisement for bids, the Town received three bid proposals. The bid proposals were opened by Town staff at 2:30 P.M. Thursday, August 17, 2006 The following is a summary of the bids received along with the engineer's estimate: Southern Arizona Paving & Construction Co. $192,740.00 K & B Asphalt Co. $199,637.00 Engineer's Estimate $191,805.00 ATTACHMENTS: Resolution (R) 06 -70 Copy of Bid Advertisement Copy of Bid Tab of Southern Arizona Paving & Construction Co. FISCAL IMPACT: Funding for this project is available from budgeted Town Highway Funds Stkow Funding Summary: Fiscal year 06/07 $192,525.00 s TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 3 RECOMMENDATION: Public Works staff recommends approving the bid and awarding the contract to Southern Arizona Paving & Construction Company in the amount of$192,740.00 through the adoption of the attached resolution. SUGGESTED MOTION: The Council may wish to consider one of the following motions: I move to approve Resolution (R) 06 -70 OR I move to deny Resolution (R) 06 -70 - // , J R ••r',u-z, P Engin-ering Div. Manager 6 ., _. Craig Ci .lier, P.E., own Engineer 0/404 en---(11-4, --- David Andrews, Town Manager RESOLUTION NO. (R) 06-70 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, APPROVING AUTHORIZATION FOR THE MAYOR TO CONTRACT WITH SOUTHERN ARIZONA PAVING & CONSTRUCTION .COMPANY FOR RANCHO FELIZ PAVEMENT REHABILITATION PROJECT PHASE II, LOTS 353-389, PROJECT NO. OV 30 05/06 06 WHEREAS, the pavement rehabilitation within the Town's right of way is necessary to the public health, safety, and welfare in order to provide for the safe and effective movement of vehicular and pedestrian traffic; and WHEREAS, the Town Council deems it necessary, in the interest of providing for the health, safety, and welfare of the citizens of Oro Valley, to authorize the Mayor to contract with Southern Arizona Paving & Construction Company for Project No. OV 30 05/06 06, Rancho Feliz Pavement Rehabilitation Project Phase II, Lots 353-389. THEREFORE, BE IT RESOLVED, BY THE MAYOR AND THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA: Authorizing Mayor Ma or to contract with Southern Arizona Paving & Construction Company for Project No. OV 30 05/06 06, Rancho Feliz Pavement Rehabilitation Project Phase II Lots 353-389. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 6th day of September, 2006. TOWN OF ORO VALLEY, ARIZONA Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Melinda Garrahan, Town Attorney Amimmumialimitimmmimmill . s 'I...:-.- � _ .• SEALED PROPOSALS Town Business License froom Use Town a1 Oro I ode once of the Town Cleric, • :. - Bid - - - Heb. 11000 •North t o Ca6ada Drive, '° Valley encs shalt be +equtred to : Arizona 65737,up y.fees, a. x} _.,. a, _ Yawn of Oro Yaktey,�30 PM,Thursd61eBus sslk coin'bs .. flot;ces. to but nil later"than.r ,� from-iiia Town Cisikt.Town of Ore. .. : 17,2086 at vvhidt time they, 11000 fin_l email* Drive, Oro JntOTOF CF TNVITATION N I :be-publicly opened and read for the ley.-. cITT OF SOUTH TUCSON NEIGH- work generally described as follows: Valley,A one 85737' a PARKS • • PROJECT NO.OV 3O 05J06 06 coy : - BORHOOD COlgilY.STA ' - 5th AVENUE NEIGHBORHOOD PARK - ' RANCHO FES _. . 114NS FOR PUB).`,... ant abor,mate- PAVEMENT REHABILITATION DARO' '� �,; -..pESCRIPTiO[�Provide , MAPROVEAI[ENTS:,.(2003:.:.C-d��). fir. rials,equipment..tools. and transpoita- PROJECT(PHASE It LOTS 353-389) }�L AMEND-- tion for the of a Pal*as all in accordance with the Plans OV 30 .chidin9.a8 .•_- -: 'fled in the documents 05/08 06,gpecifcations,Special Provl- MENTS idea* bs liotbwed. otl • New park ve l include and scurotmd al- sions and other Contract Documentson verse ._ • • tead� constructed half-size basketball file in the office of the Town Engineer, . shs�o6tnirs•a fire. Town of Oro Valley, 11000 North La The'Contradoc court• LOCATION:2020 S.5 Avenue. Arizona flow a South Tucson. Canada Drive, Oro Valley, enactionwater Ths_te84. con. a • 2nd AVENUE NEtGtiBQRH{?4D 65737. The work to be performed in- $1.x.00 _ . the to ' PARK DESCRIPTION: Provide all la- odes,but Is not k'tmited to:�9 •turn of the current To�wtt- Oro Valley bor, materials, equipment, tools. and and Asphalt Roads, Road- Coinrt__7 1, Rete.tmd thy 9� anon for site grading and the „may Grading for New Pavement. 2' rater watt_ trarispod •-.'txurer►t Town-o!'.Oro Vatiey Water Utility f oansiruct tk of a neighborhood Park as New Pavement,Installation of��• :_.•_. .. rt�sirnun bess�tate. 4 s 'q�. •.- � �� .Thai�/�/a 1.',:;:t'. ' �pecAT1 N the moments. trete Header, Pavement markings, harbor sham.,iii-a'�h►- .��desi9. Rrnovan and R -of Survey . LOCATION: 2400 8. 2nd Avenue, lits TvMm_of Oro Vae7►Wider • Manhole and Cleanout and :meted .. • ;.4;:;:'4:;-'•-•''.,,,,..•. outh TucsMonuments, i�iors_meeting. _. :- .p10:`.DUE !TATE:.lttgt>it 21, 28t}6 at Yatve/BoX Adjustments,and°thee Ir>ci- , dented at: shallh the r :iii.. dental Items .__Water tltii of work.. oftioe M ,��. .•., .3:00 p o:_.Ore Valk* ..' PRE-1310.MEETIke:MOO p m-August No bra MI be accepted unless 22gsppp 10 etrat s -: ni 14,2006;City�S+ouits Tcarson Munid- made on the eidderts Proposal - :- - .- ,,.. ekie .: _ fad '-'7'.-- �- �' T �y�,�, ,� cashiers Av_gt -lot 1.®01pan - furnished Avenue'� thehor �t ..Sixth . . . . X01. ... ._ t�NT ► tot e +-r .�.,•s.yr •...• �::^�.. _ • _ >-.:. c,.i•;. _ .: .. . t`r . .;." G•Selez,�J20" Check. , - ver . aWw.■ .;. _Ridseud 792-'424` certified check,or �- -�- � 4.._ �Y Bidders Bond irtB- . R NS~REPRO- band form fumnshed by the the f:.::.,:•''' TO OBTAIN PLA ort the me !1e T .Ends 4520 >.::.-. totheTownofOroVal- p ,.INC.234 East Sixth Street, To�wrs,an a o ten :of 1hi;Town at.CeO V.atir _ fax. •� \� Ut''TtaNSA �&5T05 - Phone: lay.bt cart amount e::albmtecupart"°"; _ _ �:. .Tom, . • • 22A�4899. - :;,F' +� r 8 7747 percent(10%)ofthnt :,, "t�....rr.::=Tven!e=Gell s. .� C��, :. ��• ,,r'::•- �T tp Contrail flt�o 857'3!' • • ����%` pus T,aZoos � required Torn of �IBMe'USFk'ilN bid. ,o0a2. 0 2 AereerrtttBond, of .: POSTED' - `',1 .p; ndev ofPerformatioeBond. wn aKfi' � + • �� t .4� � � BID NOTICE insurance Ceram t° "I'7”after .,:,,:111049111._ i TiRltc"rti \‘',.\ Sidewalk AddtUo�r vel (15) ��ndadal" is `-ToO U-Q�/�y{...��.•,{��.,,�8� the date of the award of the Cordract : _,, _ 05/05.04 0_ili 0 J•-'�Cly :F ti°'87/95 8 uf th, .:A t o ,._._. .:s.-.-i.. •..ti.. U Pima Court rfcause • ttw �� �fo er�urs cif• ProP� "'. ;Y . . tee. tbn for our East c. ung tint den. conte• «� - work i: C ONripotircaetsir.et Mandatory Pre-Bid- . . tractor has obtained nevi Pte'` •Au�iat 17,?:q06 at 10:00 ad C� 0 related to project..The .- East Cern- 'nits �-. _.Puna Carty pay for perm and ..� ice.Tucson,'AZ _ shag obtain and _ -" :.' •: :: Norge, .: .fees and :a•notices _� �the Room.ks lawfe tseve bsert Preaiderits of the due and, .ofris ArEtdrs of _ .. _ and to.the Y Augur : ..... Ori cs ___, ,„,orae :..Sealed Bids'.due . .. WttL NOT .. heaRh..end: •- :. • 34°Pliat Pima CoEnty P ... : �•,,�' n _. Distdd in the office BE COLLECTED ;. .Ando. LW. I G.Ali Arfi'..- :•� �• of P -.:... Liability . IYERS OBTAIrIED Cly.. Director'''.-11-^1— FROM 1 Tow[v "- FOA --� Towt+�o. , .- name o�ilia.limited Room.11.3, - Esst Broadway.Building:D... Al bids are to be compared on the b . .',1 yNAME The - - Doty C,onsuttk Tucson,AZthe Tawn:� 85709-t 420: of sstitrrad! - '''..:..--'i- sis • .'LLC. � -,;'..i. .- i�=c9Pies`of-ths bPquantities of wo�ic to be done... - T ' . trans end drawings 'table from L REGISTERED:: areava' . No bid will be accepted from:a bidder- • s',./.� �" _. Office in Atizorta. dailies,,Inc.,iArit Esq ' - �Censed as.--..of.� - who is not fulty.and ProPBdY Drive Tucs t .-.':':-.,--:.-=:?:_'-'''-''''' 'r Streit,Tucson,Amina 85705+ phone 4279 N..Ocotillo Canyon :;'__ a contractor fol:airy work to be dans by �s - * 1` (520) 622 eceiv fax (520) dat'---- a d him/her in - with the provi- _ �. �t 85750 the da3te and .-• 'pima.. .,... .Y� v An Bid uvebe returned un- cions of Arizona Revised Statutes. .. P, STATUTORY A int iisted ahwe. • 32, Profesatons and . of the•, int and w not bs considered• fore art and • Terrftorlat A deposit of i 25 is tequttedJohn4279moor, N. Carr p�USN Documents, incl Aug�!t•2 Mine. :'fir. . . : • . .. .• - 719508�ot Special•P �d Derive Tucson,Arizona 44T-Management of ',7,..'''4,.:::... menta'�be Is reserve+ ;;-: gUg.�REOLIESTL=D mat Reprographics, 537 . the. �S.riar�ne and acres N oh Ave., •� Limed Liability E .,::...:..:'.'..::.'::The hcne Mil*: each - .•_ Coni.Inc.�• Tucson, AZ-85711,-,. rnemb�is is Ammon � persat a • ` & material quotes, tier . The .4279 sEib-bid .• i s :. .lower John Pians . qualified MBEyour A be returned in two•weeks.atter the.::. Ocotillo Canyon Drive Tucson,Aril . The Standard Plans DailyTerra for the following Pima County ..bid in Order to receive amid.: :' 85754.. .:';' street to PI1B dard_ LtSH '3. . Country qub Road: . Street . - .86th - ' Miib� y�aa August , .pima :of Ts» ::�•- - • z� Z:00 P.M. Weterrrotls .S . BidtDtm'Acs9t�9•� son •- : M'ike:'1 ell. Asfi = y be De alsted from Use Oro... NOTI.E . ton Com- F . � � � xon,AZ 11001! sTM _ ,Inc.,Ir�c:,P.O:Sox,26927, WateK fication} �;`� . - � P�f► 520-624-5500 Fac :Oro VaNey. Atfaota �I►ffl � . - -- 86728 Phone: Canada Dritre; ORt3ANE?ATIOII : . _.: _ ; ''''''::-:-.i-;":.520-7x91 9009 Ashton.Is an equal oF- 85737. All additfonal` o f0: HAvE BEENp q� !E OFFti p�orfir ty ei THE. ARI t APORA►TK - BliSEl:;The Daily Territorl ay be purchasedCpMMISStON FOR . .21,Z7, nns_LI_ 26;Aug.3,4,2006 able fee of$25 each.. l/erne: • • prcountryclub Li The Town Coup reserves orthe t to.. ..The address of the known plat • ani► EST�FOR SUB-BIDS or '.� o ._ eof,,or to .any. g5Tf.2. ThP . Contracting kn Q� gs�eof,to igirlieity�,.- address SubAany .• . .. bids material� � sue. m- � : of the Stat v+raive:min lfiirt��rmel6y, technicality. • .. -. _. _ gi•naper.- a�s;: ,�.:i I. .• t• :� .' .. : ��� - , :• .. � .:�..quested MBE Subcon- the award to the e>dent ,- - � ina . ..••..... - :. -. - .:.: •;. :' • .��Ira ors biers levy, The-Town Council fol tfie 'fallowing to wi�hhotd : • Pima County Pro)ec�.Country qub milted by to adv A.- tgemennt of the du,?... then reserves the rigt eifisea vested a ma - ':',,,,-.'.,7.:::::..., Road:Mtli>er St to 36th St:Bids tacnew if, in the K of the ab l 'y :- -_ : . .. x �- 9. zoos � Z:Op pm con ��Tovyn:wB or rtia The names enc .:- •I, st a own ebe is _ ctin Co. T of each tri Pew:. n Co dresses.... � �•�=..i..1 •`:.� -:�:���. � ,Fart reby'- bidder may _ : .� res awl's a t . .. ::-..• Martin, Tucson. ',- . _._ .• . . : . .:.:. .. _ ;.,,,,::,,,:':::1-55.2704)1744_,P=7- withdma h exp ate �.. :6930 N Camino or a� �in._.. fax: n.:_ • 520 7440722+ � eun�bidder. Paraw i� Prior!• - ': :; � �'-� - . _ .. _ ..•;;:_. -:: _ rtsof�ermited�abii'itycon. . �: � cause P�._- . �, . bidder shad =� or �•:h.; HE� KI6�sit Hunter is rut � � are. .�..... �- ,E � Bond-ro.i�ertiakt PUBLISH: Territorial Performance /�d..1 RQ r�ON .- k:.;, R.57.; ._ _ -. .. _.': .. t��..w ww/4 e{�'OP.'t if.f ,.the warranty ty -i�F'SMIf! �.�. .• iv ae•P.�.CI•�t/t Q , - Lirg? . . i • i 4//i0 BID SCHEDULE FOR • i RANCHO FELIZ PAVEMENT REHABILITATION PROJECT (PHASE H LOTS 353-389) ESTIMATED• UNIT SUB (TEM DESCRIPTION UNIT UANTITY. COST TOTAL • • DE N O. Q --t--)20001 '� - t Zoo .�`' REMOVAL OF STRUCTURES&OBSTRUCTIONS LS 1 1 Z ©00 d • REMOVAL OF BITUMINOUS PAVEMENT BY SY 9,160 2;,16 25,tgo,1/4- )20029 PULVERIZATION •. 350001 GRADING ROADWAY FOR PAVEMENT SY 10,230 . oo l/ 30. or�� OCO r 060002 ASPHALTIC CONCRETE(PAG NO.2)(2,�) • TON 1,040 1 S �rQ 060203 SEWER CLEANOUT,ADJUSTMENT . • EA 2 520 - i 0. � ��Z`� �. - • . EA 7 ��� 090110 SEWER MANHOLE,ADJUSTMENT OF TRAFFIC FA 1 • $10,000.00 $10,000.00 AND PROTECTION 010001 MAINTAINENCE FURNISH AND INSTALL TEMP.TRAFFIC CONTROL 010007 LS 1 DEVICES l •. ao, s ; 080001 • • PAVEMENT MARKING PAINTED (WITH GLASS LF 200 2,- '4o0 BEADS 5 0080K-- . .1 ! 102505 ADJUST EXISTING VALVE BOX AND COVER EA 8. . Cr.35� • • LF 875 22IQ2 ;•` X080402 CONCRETE HEADER � .� ; i0� SURVEY MONUMENT, RESET FRAME&COVER EA 14 315,-- 5,2.so • TL 103 ': PC/COT STD D Y 81 • -T (-n�Q,� 4, RIPRAP(DUMPED)(D50=6 INCH) C 1130001 (MINOR ALTERATIONS OF 1 $10,000.00 $10,000.00 FORCE ACCOUNT FA 1240101 . CONSTRUCTION -� rte--*yry•�,;, „--_L-, �..t�Nfsy��c!�;'.+�E,,�,"..`�1r�• // � 4 FF: `3Q - TOTAL. 9a. /9! 7 NUMBERS FOR RANCHO FELIZ REHABILITATION PR�JECT TOTAL BID AMOUNT IN (PHASE II LOTS 353-389) v $__________12-L- j 7.(72 ' ...- . TOTAL BID AMOUNT REHABILITATION PROJECT IN WORDS FOR RANCHO FELIZ I: (PHASE II LOTS 353-389) $ e„it ix.tr.,0,etv Ah inrs›. /too -7740 64/41--xdo....st./4,eie/-4,40.€035, ..........„------- . e-,e /-":/ I -2 )d Le,A(24' if lv ° / e"0 RECEIPT OF ADDENDA NO(S). IS HEREBY ACKNOWLEDGED. • 11 OV 30 05106 06 . • D TOWN OF ORO VALLEY Page 1 of 1 COUNCIL COMMUNICATION MEETING DATE: September 6, 2006 TO: HONORABLE MAYOR AND COUNCIL FROM: MELINDA GA AN, TOWN ATTORNEY SUBJECT: RESOLUTION NO. (R) 06-_, A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, APPROVING THE ASSIGNMENT OF THE INTERGOVERNMENTAL AGREEMENT FOR CERTAIN TECHNICAL, CIRCULATION AND COLLECTION MAINTENANCE SERVICES FROM THE CITY OF TUCSON TO PIMA COUNTY FOR THE TOWN OF ORO VALLEY LIBRARY SUMMARY: On July 6, 2005, the Town entered into an Intergovernmental Agreement with the City of Tucson in which the City of Tucson agreed to provide to the Town certain technical, circulation and collection maintenances services for the Oro Valley Public Library. This IGA terminates on June 30, 2007. On February 21, 2006, the City, the District and Pima County entered into an Intergovernmental Agreement whereupon the Tucson Pima County Library System would be transferred to the District and on July 1, 2006, the District began operating the Pima County libraries. With the transfer of the library system to the District, the District assumed all the City's obligations and duties, including the Intergovernmental Agreement signed by the Town and the City of Tucson in July 2005. Lille Assignment of Intergovernmental Agreement, attached hereto as Exhibit "A", is merely a formal acknowledgement that the District is now performing the terms of the IGA instead of the City. The District will continue to perform the terms of the original IGA between the City and Town until June 30, 2007. Sometime prior to the expiration of the original IGA, the Town and the District will collectively draft a new IGA for continuation of technical, circulation and collection maintenance services of the Oro Valley Library. ATTACHMENTS: Exhibit "A", Assignment of Intergovernmental Agreement FISCAL IMPACT: None SUGGESTED MOTIONS: I move to approve Resolution No (R) 06-71 , Approving the Assignment of Intergovernmental Agreement between the City of Tucson and the Town for continuation of Oro Valley Public Library services with the District. / / /, linda Gat , Town Attorney I / t 'Pr - . Bre t Sinclair, Community Development Director Le OlAirtit asiA.c.1- David Andrews, Town Manager \\Legal\sharefiles\Com Dev\Library\Library Services--Free Library District\CC 090606 re Assignment of Intergovernmental Agreement-Library.doc Town of Oro Valley Attorney's Office/ca/080706 RESOLUTION NO. (R) 06- 71 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, APPROVING THE ASSIGNMENT OF THE INTERGOVERNMENTAL AGREEMENT FOR CERTAIN TECHNICAL, CIRCULATION AND COLLECTION MAINTENANCE SERVICES FROM THE CITY OF TUCSON TO PIMA COUNTY FOR THE TOWN OF ORO VALLEY LIBRARY WHEREAS, the Town of Oro Valley is a political subdivision of the State of Arizona vested with all associated rights, privileges and benefits and is entitled to the immunities and exemptions granted municipalities and political subdivisions under the Constitution and laws of the State of Arizona and the United States; and WHEREAS, on July 6, 2005, the Town and the City of Tucson entered into an Intergovernmental Agreement in which the City agreed to provide to the Town certain technical, circulation and collection maintenances services for the Oro Valley Public Library. This IGA will terminate on June 30, 2007; and WHEREAS, on February 21, 2006, the City, District and Pima County entered into an Intergovernmental Agreement (the "Transition IGA") which provided, in part, the orderly and timely transfer of the Tucson Pima Public Library System to the District; and WHEREAS, on July 1, 2006, the District began operating the Pima County libraries; and WHEREAS, pursuant to the Transition IGA, the City was to assign to the County, the City's rights and obligations under all contracts concerning the operation of the Tucson Pima County Library System, the terms of which extend beyond the transfer date and which the County requests to be assigned; and WHEREAS, the City wishes to enter into an Assignment of Intergovernmental Agreement with the Town in which the District assumes all the City's obligations and duties set forth in the Agreement; and WHEREAS, p ursuant to entering into this Assignment, the City has no further obligations to the Town; and WHEREAS, it is in the best interest of the health, safety and welfare of the residents of the Town to enter in this Assignment of Intergovernmental Agreement. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona that the Assignment of Intergovernmental Agreement (attached as Exhibit "A") is hereby approved. BE IT FURTHER RESOLVED that the Mayor and any other administrative officials of the Town of Oro Valley are hereby authorized to take such steps as are necessary to execute the Assignment of Intergovernmental Agreement. \\Legal\sharefles\Com Dev\Library\Library Services—Free Library District\resolution for Assignment of Intergovernmental Agreemcnt.doc Town of Oro Valley Attorney's Office/ca/080706 r � BE IT FURTHER RESOLVED that if any portion of these policies is found to not be enforceable bya court of competent jurisdiction, that portion shall be declared severable, and the p remainder of the policies will remain in full force and effect. ASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona this 6th day of September , 2006. TOWN OF ORO VALLEY Mayor Paul H. Loomis ATTEST: APPROVED AS TO FORM: Kathryn Cuvelier, Town Clerk Melinda Garrahan, Town Attorney 410 Ar %OW \\Legal\sharefles\Com Dev\Library\Library Services—Free Library District\resolution for Assignment of Intergovernmental Agreement.doc Town of Oro Valley Attorney's Office/ea/080706 ASSIGNMENT OF INTERGOVERNMENTAL AGREEMENT This Assignment is made by and between the City of Tucson, a municipal corporation (the "City"), and the Pima County Free Library District, a special taxing district of Pima County (the "District")." RECITALS A. The City and the Town of Oro Valley ("Oro Valley") entered into an Intergovernmental Agreement (the "Agreement") dated July 6, 2005, a copy of which is attached hereto as Exhibit A, pursuant to which the City agreed to provide to the Oro Valley free public library certain technical, circulation, and collection maintenance services to their free public library as more particularly described on Exhibit A to the Agreement (the "Services"). B. On February 21, 2006, the City, District, and Pima County entered into an inter- governmental agreement (the "Transition IGA") which, in part, provides for the orderly and timely transfer of the Tucson Pima Public Library System ("Libraries") to the District. C. Pursuant to the Transition IGA, the District began operating the Libraries on July 1, 2006. D. Pursuant to paragraph 6.1 of the Transition IGA, the City was to assign to the County, the City's rights and obligations under all contracts concerning operation of the Tucson Pima Public Library System, the terms of which extend beyond the Transfer Date, and which the County requests to be so assigned. E. Due to voluminous amount of work leading up the transition of the Libraries, neither the City nor District prepared for the assignment of the Agreement before the July 1, 2006, transition date. F. The District has provided the technical, circulation, and collection maintenance services to Oro Valley from and after July 1, 2006. G. The City is willing to assign its interest in the Agreement in exchange for the District assuming all of the City's obligations and duties set forth in the Agreement, and acknowledging and agreeing that the City has no further obligations to Oro Valley. NOW, THEREFORE, the City hereby assigns to the District all of its rights, privileges, benefits and interests in and under the Agreement. District hereby accepts the full assignment of all of the City's rights, privileges, benefits and interests under the Agreement; agrees to assume all of the City's obligations and duties to be performed under the Agreement from and after July 1, 2006; and, to the extent permitted by law, agrees to indemnify, defend and hold the City harmless in connection with all such obligations and duties. The City represents and warrants that it has fully performed all its obligations under the Agreement through July 1, 2006, and that to the best of its knowledge Oro Valley has also performed all its obligations under the Agreement. This Agreement may be executed in counterparts and by each party on a separate counterpart, each of which when so executed and delivered shall be an original, but both of which together shall constitute one instrument. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Near (111W \\Legal\sharefiles\Com Dev\Library\Library Services—Free Library District\Assignment of OV Tucson IGA 080406.doc 2 0 w IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates set forth below. City of Tucson Pima County Free Library District Board of Directors Robert E. Walkup, Mayor Richard Elias, Chairman City of Tucson ATTEST: ATTEST: Kathleen S. Detrick Lori Godishian, Clerk of the District City Clerk Approved as to content: Approved as to content: Assistant City Attorney Deputy County Attorney The Town of Oro Valley consents to the above assignment and acknowledges and agrees that the City of Tucson has performed fully under the Agreement up to July 1, 2006, and that the District has fully performed under the Agreement from and after July 1, 2006, and there are no defaults under the Agreement. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier Melinda Garrahan, Town Attorney Town Clerk \\Legal\sharefiles\Com Dev\Library\Library Services--Free Library District\Assignment of OV Tucson 1GA 080406.doc 3 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: September 6, 200 HONORABLE MAYOR& COUNCIL FROM: Robert Jacklitch Project Manager, Oro Valley Water Utility(OVWU) SUBJECT: Resolution No. (R) 06- 2 A Resolution of the Mayor and Council of the Town of Oro Valley, Pima County, Arizona Authorizing and Approving a Contract with Westland Resources, Inc. for Professional Engineering Design Services 8-Inch Main Extension on Oro Valley Drive. Design Fee $73,950.00 (Professional Services - Qualification Based Selection) SUMMARY: Thisp roject is to provide professional engineering design to install approximately 3,200 linear feet of 8-inch water main within the existing right-of-way on Oro Valley Drive. The new main will be designed under existingpavement. Public Works (PW)will resurface Oro Valley Drive once the water work is complete. The Utility will continue to work closely with PW staff on design and construction issues for both the water and street resurfacing, following the same method as the Golf View Drive Project. Fire hydrants will be located every 500 feet for the first time on Oro Valley Drive. Currently, area residents are served by 2-inch water lines located behind their homes-adjacent to the golf course. The 2-inch water lines are undersized and cannot deliver adequate fire flow. In addition, they have been a maintenance problem and will be abandoned.New private service lines will be located from the rear of the parcels to the front and connected to the new main. Approximately 15 homes will require service relocations. The Utility will meet with residents *o evaluate the new water service line to their homes and provide plans for their approval. rofessional engineering design service includes 9 separate tasks: 1. Project Management -coordination with staff and residence, prepare project schedules and facilitate public meeting. 2. Surveying:provide aerial photography,topographic maps and boundary surveys. 3. Utility Coordination: research and coordination services with utility companies located in the right—of way. 4. Design Memorandum: include pipeline hydraulic modeling to predict fire flow capability. 5. Pipeline Design:provide civil engineering services to prepare construction documents for public bidding. 6. Private Service Relocation: meet with residence and evaluate private service location. 7. Geotechnical Service: drill five test borings ten feet below grade and provide soils report. 8. Contract prepare Preparation: re are contract for public bidding, include project specifications, construction p details and methods of work. 9. Construction Management: prepare agenda for construction meetings, review shop drawings, and resolve construction conflicts. ThisJ roject will be designed in accordance with OVWU standard specifications, American Water Works p g Association and Tucson Water standards. The OVWU staff selected Westland Resources, Inc. based on a Request for Qualifications process in accordance with Town code and State law. They were rated on project understanding, approach, team and rm's capabilities thereby selecting Westland Resource, Inc. and negotiated a contract fee of$73,950.00. FISCAL IMPACT: Funds are available in the OVWU 2006-2007 Budget using senior lien water project revenue bonds, series 2003 The fees are as follows: • Design Tasks $63,950.00 • Construction Management $10,000.00 Total Contract Fee $73,950.00 RECOMMENDATIONS: Staff respectfully recommends award of this contract to Westland Resources, Inc. through the adoption of the attached Resolution(R) 06- 72 . ATTACHMENTS: EXHIBIT#1 Resolution No. (R)06- 7 2 EXHIBIT#2 Contract Agreement EXHIBIT#3 Engineer's Proposal EXHIBIT#4 Location Map SUGGESTED MOTION: The Mayor and Council may wish to consider one of the following motions: I move to approve the Resolution (R) 06-72 A Resolution of the Mayor and Council of the Town of Oro Valley, Pima County, Arizona Authorizing and Approving a Contract with Westland Resources, Inc. for Professional Engineering Design Services 8-Inch Main Extension on Oro Valley Drive. Or I move to . eree,,,4 4 # ._. ,/ .: Project Ma►f ger PLAI (1,41,( 1.74_ Wa r Utilit Director Ad/A./is a.(144,,,4--- Town Manager EXHIBIT 1 PLLEYdR/ O 0 141 VP A'_` - 1 °LINDEO Resolution RESOLUTION NO. (R) 06- 72 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA AUTHORIZING AND APPROVING A CONTRACT WITH WESTLAND RESOURCES, INC FOR PROFESSIONAL ENGINEERING DESIGN SERVICES 8-INCH MAIN EXTENSION ON ORO VALLEY DRIVE. WHEREAS, the TOWN OF ORO VALLEY is a municipal corporation within the State of Arizona, and pursuant to the laws of the Sate of Arizona, the Town Council is authorized to enter into contracts for Professional Engineering Services; and WHEREAS, the Head of the Town Water Department has requested professional engineering services to design the 8-inch main extension on Oro Valley Drive; and WHEREAS, the Oro Valley Water Department selected Westland Resources, Inc. based on the project understanding, approach, project team and capabilities; and WHEREAS, it has been determined that it is in the best interest of the Town to enter into this Contract, attached hereto and incorporated herein by this reference, with Westland Resources, Inc., and that the Mayor and Council of the Town of Oro Valley authorize and approve the contract. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Town of Oro Valley, Arizona, that the Contract attached hereto between the Town of Oro Valley, Arizona, and Westland Resources, Inc. is authorized to be signed. BE IT FURTHER RESOLVED that the Mayor and any other administrative officials of the Town of Oro Valley are hereby authorized to take such steps as are necessary to execute and implement the terms of the Contract. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 6th day of September , 20 06 TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn Cuvelier, Town Clerk Melinda Garrahan, Town Attorney EXHIBIT 2 PLLEY Apo ff . is 4 A _ 4 NDER A Contract Agreement 4) t �5.# 933&ry ,/> ,fr 5.71:111,,maaS�Yzt AC* s y 110. AIMPP 4111 A:Migvv414, X'07411110111110. UNf ` • • D ED TOWN OF ORO VALLEY ORO VALLEY WATER UTILITY DEPARTMENT 11,000 N La Canada Drive ORO VALLEY, AZ 85737 (520) 229-5000 CONTRACT FOR PROFESSIONAL ENGINEERING SERVICES PROJECT TITLE: 8-Inch Main Extension - Oro Valley Drive PROJECT NO.: OV- 21-01-06 This contract is made and entered into by and between the Town of Oro Valley, a municipal Corporation(the "Town") and Westland Resources, Inc. (the"Engineering Consultant"). WITNESSETH: WHEREAS, the Mayor and Town Council/Town Manager of the Town of Oro Valley are authorized and empowered by the revisions of the Town Code to execute contracts for Professional Services. NOW THEREFORE, for and in consideration of the mutual covenants and conditions hereinafter contained, it is agreed by and between the Town and the Engineering Consultant as follows: SECTION I—DESCRIPTION OF PROJECT See Exhibit 3 attached. SECTION II—SCOPE OF SERVICES See Exhibit 3 attached. 1 C:\Documents and Settings\deb\Local Settings\Temporary Internet Files\OLKI IE\Eng Contract Prof Services OVWU W est l andOro V al l eyDri v e.doc SECTION III—PAYMENT SCHEDULE The negotiated fee process was utilized for this contract. For services described in Section II of this Contract,the Town shall pay the Engineering fee as negotiated for seventy three thousand nine hundred and fifty dollars ($73,950.00). Payment shall be made monthly on the basis of progress reports. Engineering Consultant must provide a clear, detailed invoice reflecting items being billed for, a summary sheet showing percentage of work completed to date, amount/percent billed to date and current status of all tasks within the project with backup support documentation. Work schedule updates will be included in the monthly progress payment reports. Payment shall be made thirty days from invoice submittal. SECTION IV—PERIOD OF SERVICE Following receipt of a Notice to Proceed with the work, the Engineering Consultant shall complete all services described in Section II within 120 calendar days after Notice to Proceed is issued by the Town. In the event delays are experienced beyond the control of the Engineering Consultant,the completion date may be extended by mutual written agreement between the Town and the Engineering Consultant. SECTION V—APPROVALS All work shall be subject to approval by the Water Utility Director or his designee. Engineering Consultant agrees to exercise the skill and care which would be exercised by professional engineers performing similar services at the time and in the locality. If failure to meet these standards results in faulty work, Engineering Consultant shall undertake at its own expense the corrective adjustments or modifications. SECTION VI—INDEMNIFICATION The Engineering Consultant agrees to indemnify, defend, and save harmless the Town, its Mayor and Council,the Water Utility Director and/or his designee, appointed boards and commissions, officials, officers, employees and the Town's insurance carriers,individuallyand collectivelyfrom all losses,claims, suits,demands,expenses, subrogations,attorney's p fees, or actions of any kind and nature arising out of the Engineering Consultant's negligence or any subcontractor employed by the Engineering Consultant (including bodily injury and death) or damages to any property or any other losses, claims, suits, demands, and/or expenses, arising or alleged to have arisen out of the work to be performed, except any injury or damages arising out of the negligence of the Town, its officers, agents or employees. The amount and type of insurance coverage requirements set forth in Section VIII will in no way be construed as limiting the scope of indemnity in this paragraph. SECTION VII—REPORTING Written monthly reports, together with updated work schedules, will be made by the Engineering Consultant in the format prescribed by the Town. These reports will be delivered to the Town no later than the fifth day of each month. When requested by the Town, the Engineering Consultant will attend Council meetings and provide finished documents including correspondence, supporting charts, graphs,drawings and colored slides for Council action. SECTION VIII—LIABILITY See Attachment A SECTION IX—AMENDMENTS Whenever a change in the scope of work is determined to be necessary, the work will be performed in accordance with the Contract provided. Before a change in the scope of work is started, a Change Order(s) shall be executed by the Town and the Engineering Consultant. Additions to, modifications of or deletions from the project may be made and NOW bymutual written agreement the compensation to be paid to the Engineering Consultant may be adjusted accordingly gr of the contracting parties. It is agreed that no claim for extra work by the Engineering Consultant will be allowed by 2 C:\Documents and Settings\deb\Local Settings\Temporary Internet Files\OLKI 1 E\Eng Contract Prof Services OVWU WestlandOroValleyDrive.doc t----1 the Town except as provided, nor shall the Engineering Consultant do any work not covered by this Contract unless the work is authorized through a Change Order. All additional work, when authorized by executed Change Order(s), shall be compensated for by a fee as mutually agreed upon by the Town and Engineering Consultant. The aggregate total of any Change Order(s) shall not exceed 20%of the original Contract unless specifically authorized by the Town Council in writing. TIME IS OF THE ESSENCE for this Contract. When the Engineering Consultant submits a request for a date extension for which work must be completed in a contract, a Contract Change Order should be initiated outlining the reason for applying for the extension and the drop dead date the work will be completed. The language "TIME IS OF THE ESSENCE" must be written into the Change Order. If the Change Work Order is agreed to and signed by the Town and the Engineering Consultant, it binds the Engineering Consultant to complete the work by the extended date designated in the Contract Change Order. The Town can then file suit against the Engineering Consultant if the work is not completed by the agreed upon date. If there is more than one extension agreed to, each extension should follow the same procedure. SECTION X—TERMINATION The Town and the Engineering Consultant agree to the full performance of the covenants in this Contract, except that the Town reserves the right, at its discretion, to terminate or abandon the service provided for in this Contract or terminate or abandon any portion of the project for which services have been performed by the Engineering Consultant as follows: A. In the event that the Town terminates or abandons the services or any part of the services provided, the Town shall notify the Engineering Consultant in writing and, immediately after receiving such notice, the Engineering Consultant shall discontinue advancing the work under this Contract and shall proceed to close operations. B. Upon termination or abandonment, the Engineering Consultant shall deliver to the Town all drawings, notes, calculations, sketches and other materials entirely or partially completed, together with all unused material; supplied by the Town. w..• C. The Engineering Consultant shall apprise the work he has completed and submit his appraisal to the Town for evaluation. D. The Engineering Consultant shall receive as compensation for services performed through the date of such termination or abandonment, a fee for the percentage of work actually completed. This fee shall be a percentage of the Engineering Consultant fee described in this Contract under Section III and shall be in the amount mutually agreed to between the Engineering Consultant and the Town. The Town shall make this final payment within sixty (60) days after the Engineering Consultant has delivered the last of the partially completed items. SECTION XI—LIQUIDATED DAMAGES If the work to be performed by the Engineering Consultant under Section II of this Contract is not timely completed, the Engineering Consultant shall pay to the Town $290.00 as liquidated damages for each day the work remains incomplete after the scheduled completion date. This amount is agreed upon because of the impracticability and extreme difficulty of ascertaining the actual damages the Town would sustain. The scheduled completion date for terminating liability for liquidated damages shall be 120 consecutive days from the effective date of Town's Notice to Proceed to Engineering Consultant. For the purpose of determining applicability of liquidated damages(Section XI),completion time shall be extended only if delay in completion of the work by the Engineering Consultant results from an unforeseeable cause beyond the control and without the fault or negligence of the Engineering Consultant. 3 C:\Documents and Settings\deb\Local Settings\Temporary Internet Files\OLKI I E\Eng Contract Prof Services OVWU W esti andOro V al l eyDrive.doc • SECTION XII—ARBITRATION OF DISPUTES Anydispute arisingunder this contract that is not settled bythe Town and the Engineering Consultant may, upon mutual p agreement of the parties,be decided by an Arbitration Board composed of a representative of the Town,a representative of the Engineering Consultant and a representative mutually acceptable to the Town and the Engineering Consultant. The Town, however, reserves its rights as set forth in Arizona Revised Statutes, Title 12. The Engineering Consultant shall continue to render all services requested in this Contract without interruption, notwithstanding the provisions of this section. Nothing herein shall be deemed to require arbitration except at the Town's discretion. SECTION XIII—OWNERSHIP OF DOCUMENTS All documents including, but not limited to, tracings, drawings, original mylars, estimates, field notes, investigations, design analysis and studies which are prepared in the performance of this Contract are to remain the property of the Town. The Engineering Consultant shall furnish the Town, upon request, originals or copies of technical specifications and copies of all documents listed above. The Engineering Consultant shall endorse by his professional seal all plans and engineering data furnished by him. Reuse of work product for any other project or purpose shall be at Town's sole risk. SECTION XIV—NO KICK-BACK CERTIFICATION The Engineering Consultant warrants that no person has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission,percentage,brokerage or contingent fee; and that no member of the Town Council or any employee of the Town has an interest, financial or otherwise, in the Engineering Consultant firm. For breach or violation of this warranty, the Town shall have the right to annul this Contact without liability or, at its discretion, to deduct from the Contract Price or consideration, the full amount of such commission, percentage, brokerage or contingent fee. 411111W SECTION XV—CONFLICT OF INTEREST This Contract is subject to the provisions of A.R.S. § 38-511 which provides in pertinent part that the state, its political subdivisions or any department of either may, within three years after its execution, cancel any contract, without penalty or further obligation, made by the state, its political subdivisions, or any of the departments or agencies of either if any person significantly involved in initiating, negotiating, securing, drafting or creating the Contract on behalf of the state, its political subdivisions or any of the departments or agencies of either is, at any time, while the Contract or any extension of the Contract is in effect, an employee or agent of any other party to the Contract in any capacity or a Contractor to any other party to the Contract with respect to the subject matter of the Contract. SECTION XVI—ASSIGNMENT This Contract shall not be assignable except at the written consent of the parties, and it shall extend to and be binding upon the heirs, executors, administrators, successors, and assigns of the parties. The Engineering Consultant may assign money due to him under terms of this Contract to a banking or lending institute. The Town shall assist the Engineering Consultant in performing the assignment by testifying to the progress of the work as may be required. SECTION XVII-ENTIRE AGREEMENT This is the entire Contract between the parties. If any portion(s) of this Contract is (are) later found to be invalid or unenforceable, such portion(s) shall be null and void and without any effect on the rest of the Contract which shall Nkapo continue in full force and effect. 4 C:\Documents and Settings\deb\Local Settings\Temporary Internet Files\OLK1 I E\Eng Contract Prof Services OVWU WestlandOroValleyDrive.doc IN WITNESS WHEREOF, the parties have hereunto subscribed their names thisJth day of August 2006. TOWN OF ORO VALLEY: ENGINEERING CONSULTANT: By: By: / Mayor Thomas A. artinez, . Vice-President Date: Date: August, 8, 2006 ATTEST: ATTEST: (If Corporation) Town Clerk Mark F. Ta O .E. S, 0ary APPROVED AS TO FORM: WITNESS: (If individual or Partnership) Town Attorney Date: August 8,2006 Date: State of Arizona ) ) ss. County of ) SUBSCRIBED AND SWORN before me this g day of Lt 5t , 20 66 by _Thomas A. Martinez , who is known to me or has satisfactorily been iderftified as the Vice-President, and by Mark F. Taylor who is known to me or has satisfactorily been identified as the Secretary, both as duly authorized agents to sign on behalf of_WestLand Resources, Inc. to bind and obligate the Engineering Consultant. ditia0 c Naz cimixul:42) My Commission Expires: Aril g, clemo i_ OFFICIAL SEAL friAllit.fr ',1. DE8RA L. LANDEIS 1-'. = NOTARY PUBLIC-ARIZONA L . PIMA COUNTY Iry Ccl-nm. Exp. Apn! 8, 2010 5 C:\Documents and Settings\leahg\Local Settings\Temporary Internet Files\OLKF4\Eng Contract Prof Services OVWU W estlandOro V a l l ev D rive.doc ATTACHMENT A The Engineering Consultant agrees to obtain insurance coverage of the types and amounts required consistent with the coverage limits shown below. seklisor Coverage Afforded Limits of Liability Workmen's Compensation Statute Employer's Liability $100,000 Comprehensive General $1,000,000-Bodily Injury Liability Insurance Combined Single Limit (including blanket contractual $100,000 Property Damage and premises/operations) Professional Liability Insurance $500,000(Minimum) Combined Single Limit The Engineering Consultant will provide satisfactory certificates on the required insurance coverage before beginning work. All policies will contain an endorsement providing that written notice be given to the Town at least thirty(30) calendar days prior to termination, cancellation or reduction in coverage policy. Insurance policies shall remain in force until all work has been completed and the completed project has successfully fulfilled its warranty period. If a policy does expire during the life of the Contract, a renewal certificate of the required coverage must be sent to the Town of Oro Valley not less than five (5) workdays prior to expiration date. Each certificate shall include project description, project number and the signed acknowledgement of the insurance company. The Town of Oro Valley will be included as an additional insured on all policies except Worker's Compensation and Professional Liability. Policies for General, Automobile, and Excess Liability are primary over any insurance available to the Town and as to any claims resulting from the Contract,it being the intention of the parties that the insurance policies so effected shall protect both parties and be primary coverage for any and all losses covered by the described insurance. In regard to Professional Liability, Engineering Consultant agrees to indemnify, defend, and save harmless the Town of Oro Valley, its Mayor and Council, appointed boards and commissions, officials, officers, employees, individually and collectively, from all losses, claims, suits, actions, payments and judgments, demands, expenses, attorney's fees, defense costs, or actions of any kind and nature resulting from personal injury to any person, including employees of the Engineering Consultant or of any subcontractor employed by the Engineering Consultant(including bodily injury and death) or damages to any property, arising or alleged to have arisen solely out of the negligent performance of the Engineering Consultant for the work performed. Engineering Consultant agrees to indemnify, defend and hold harmless the Town of Oro Valley, its Mayor and Council, appointed boards and commissions,officials,officers,employees, individually and collectively, against any an all claims arising out of errors, omissions or negligent acts in the performance of services by the Engineering Consultant. The amount and type of insurance coverage requirements set forth in the Contract will in no way be construed as limiting the scope of indemnity in this paragraph. In regard to General,Automobile,and Excess Liability,the Engineering Consultant agrees to indemnify,defend and save harmless the Town of Oro Valley, its Mayor and Council, appointed boards and commissions, officials, officers, employees, individually and collectively from all losses, claims, suits, actions,payments and judgments, demands, expenses, attorney's fees, defense costs, or actions of any kind and nature resulting from personal injury to any person, including employees of the Engineering Consultant or any subcontractor employed by the Engineering Consultant (including bodily injury and death) or damages to any property, arising or alleged to have arisen out of the negligent performance of the Engineering Consultant for the work to be performed hereunder, except any injury or damages arising out of the sole negligence of the Town, its officers, agents or employees. IT IS THE INTENTION OF THE PARTIES to this Contract that the Town of Oro Valley,its Mayor and Council, appointed boards and commissions, officials, officers, employees, individually and collectively, are to be indemnified against their own negligence unless and except that negligence is found to be the sole cause of the injury to persons or damages to property. Theamount and indemnity of insurance coverage requirements set forth in the Contract will in no way be construed as limiting the scope of in this paragraph. 6 C:\Documents and Settings\deb\Local Settings\Temporary Internet Files\OLKI IE\Eng Contract Prof Services OVWU WestlandOroValleyDrive.doc AUG-14-2006 MON 04: 12 PM FAX NO, P. 02 AUG 1 0 no ACORD, CERTIFICATE OF LIABILITY INSURANCE OP IDD DATEDDYYY) WESTL-1 08 08 06 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Stuckey Ins & Assoc Agencies HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR P.O. Box 7020 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, Phoenix AZ 85011-7020 Armor Phone: 602-264-5533 Fax:602-279-93.36 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: XL Specialty Ins Co 37885 INSURER B: Westland Resources Inc INSURER C: 2343 E Broadway #202 INSURER D: Tucson AZ 857 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. .. POLFCI EFFECTIVE POLICY EXPIRATION - . .. - - _. . ..-- LTR lNSRD TYPE OF INSURANCE POLICY NUMBER DATE IMM/0DMYY) DATE(MM/DD/YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurence) $ ICLAIMS MADE I 1 OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY PRO- LOC JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY Q $ NON-OWNED AUTOS PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE RETENTION $ $ 1 Wti S CATi1= rar- EMPLOYERS' ' . WORKERS COMPENSATION AND TORY LIMITS LIABILITY E,L.EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ OTHER A Prof Liability DPR9415742 04/01/06 04/01/07 per claim 2000000 a..re.ate 2000000 DESCRIPTION OF OPERATIONS!LOCATIONS!VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT!SPECIAL PROVISIONS Professional Liability - Claims Made - Retro date 2-26-97 RE: Period Services for High Mesa E-Zone Reservoir Expansion CERTIFICATE HOLDER CANCELLATION OROV-03 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYS WRITTEN Oro Valley Water Utility NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Robert Jackl i tch IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 11000 N. LaCanada Drive Oro Valley AZ 85737 REPRESENTATIVES. AUTHORIZED REPRESENT I E • ACORD 25(2001108) ce'./ � ©ACORD CORPORATION 1988 AUG-14-2006 MON 04: 12 PM FAX NO. P. 03 08/08/2006 14:12 5208852723 6 FLANAGAN PAGE 02/04 • CERTIFICATE Or INSURANCE This certifies that M STATE FARM FIRE AND CASUALTY COMPANY,Bloomington,Illinois • STATE FARM GENERAL INSURANCE COMPANY,Bloomington,Illinois 31 STATE FARM FIRE AND CASUALTY COMPANY,Scarborough,Ontario STATE FARM FLORIDA INSURANCE COMPANY,Winter Haven,Florida Slaw 0 STAT FARM LLOYDS,Dallas,Texas insures the following policyholder for the coverages indicated below. . Name of policyholder TESTLAND RESOURCES, INC- . Address of pdicyholder 2343 E BROADWAY BLVD, STE 202, TUCSON RZ 65719 Location of operations Description of operations r�1GIN RING R ENv oi�R NMENTAL CONsCLTING The policies listed below have been issued to the policyholder for the policy periods shown. The Insurance described in these policies is subject to all the terms exclusions,end conditions of those policies.The limits of liability shown may have been reduced by any paidclaims. claim . POLICY NUMBER TYPE Q1=INSURANCEPOLICY�PERIOD i-iMITS OF UABILiTY . Effective Data ; n Date (at inning of .vltoy period) Comprehensive 1 BODILY INJURY AND 93-B5-6005-o Business Liability 03/17/06 i r�» ■�r w w..\µ w w i-- .■ = 03/17/0? PROPERTY DAMAGE This insurance Includes; in■roduc -Completed Operations ®Contractual Liability Q Underground Hazard Coverage Each Occurrence $1,000,000 0 Personal Injury El Advertising Injury General Aggregate $3,004 00 0 ID Explosion Hazard Coverage Q Collapve Hazard Coverage Products--Completed $EXCLUDED 121 WIRE° AUTO Operations Aggregate El NON-OWNED AUTO EXCESS LIABILITY , POLICYPERiOD BODILY INJURY AND PROPERTY D MAGE Effective Date Expiration Date (Combined Single Limit) 93-B4-01.9 -5 ..... Umbrella ;0/26/05 10/26/06 Each Occurrence $5,000,000 _ _ _ 0 Other ' Afl st 3,000,coo Part 1 STATUTORY Part 2 BODILY INJURY Workers'Compensation and Employers Liability Each Accident $ Disease Each Employee $ w . Disease-poky Limit $ POLICY NUMBER TYPE OP POLICY PERIOD LIMITS OF LIABILITY •, INSURANCE , E1Ffactive Dam t Expiration D /Litbeginni of olic eri- policy period) P$0000000534101 �rsPzl PRAM: IA � 10/11/05 10/11/06 AGGREGATE 500,000 - 1 THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OP INSURANC - AMEN�,ExTENOS aR ALrERs THE COVERAGE APPROVED BY AND NEITHER AFFIRIrAATfVS�,Y NSR HEGATIYELY BY ANY POLICY DE5CRISED HEREIN, If any of the described policies are canceled before its expiration date,State Farm will try to mail a written Name and Address of Certificate Holder notice to the certificate holder 30 days before cancellation. If however, we fail to mall such notice, O Ro v LEY ATER vTrLiTY n., obligation Or liability will be imposed on State 141000 N LA CANADA DR. Fw or it- :. y s or representatives. ORO VALLEY, AZ 85737 ATTN: ROBERT JACICLITCH -igna t+a ort Authorized R ntat�va °`�` AGLNT 08/08/06 Title � —~'' - ___�_..-_, Date dent's Code Stamp APO Coda G. FLANAGN 1450 555-04 a.3 04.1988 Printed 1n U.S.A. tUCSON EAST F752 AUG-14-2006 MON 04:13 PM FAX NO. P. 04 08/08/2006 14:12 5208852723 G FLANAGAN PAGE 03/04 • CERTIFICATE CF INSLI E ' $uCN INSURANCE AS RESPECTS THE INTEREST OF THE CERTIFICATE NQ EH WILL NOT BE CANCELED OR OTHCRWIUE TERMINATED WITHOUT OIVIN.2 t0 DAYS PRIOR WAIYTEN NOTICE TO THE CERTIFICATE HOLDER NAMSO BELOW BUT IN IID EVENT E ALL THIS CERTIFICATE SE VAE,I0 MORE THAN 20 DAYS FROM THE DATE WRITTEN.THIS CERTIFICATE CF INSURANCE DOES_ 'CHANGE THE COVERAGE PROVIDlO BY ANY POLICY DESCAIBED BELOW.' . TInis.0enlfes that: la STATE FARM MUTUAL AUTOMOBiLe INSURANCE COMPANY of sioornington,SIMS.r .4'' D STATE F#AN FIRS LINO CASUALTY COMPANY of Ftovm'►� I4f,Ima;$ Ms coveralls in Iota*ion**followlexi N.nwd Inaezo%as shown allow; 1001110 Address of,Nax sd Ie a E 3AD A Y H 1,VD, STE 202 • TUCSON AZ 85719 6007 . . li : C . $ 02 . : , - C- . I . 9 0979 C26 03 • roucrn W20 0526 026 03 009 9991 026 03 028 4075 C26 03 040 9768 026 03 r�-.��OAT! s 1 , 1• Y _ -11 II •z •. • rommirm- wimmomme • � � C 17 03A m 1.F-R TO SPE4 x?''xC PQ iamm COvamD vas f No En vas i1 ha CZ1 V45 NO Q t s Q Iwo rr r/ww. `wMMMr. it. Pigott ormie• owlih ... ) 1 D i 1 n00 1 ' i A s es * . 10 S g''�" a viz NCI eiL34't Q NO Y1$ NO iii yes IN so as., s..,.,. a _ _CD _ 3 • vtaj woAlro ..r. S Osekasc r. p oadi.5 Ii $ te�... a+• Odoems-�- "0" C]vaa 0 No C vas Q ko p Yes NO a YFS 1:":1 Nd ►. E3 No En YES EM No 171 gas 1=3 NO Q +Rs %I= Alla 1�,50-43 4 AGLNfi `f' ' tug NAY*Cody Nobly Data . Narn'NW Addreal of Cartfloata,eider Nam*and Ad V$U 01 Aged NIIIIII) T- • .`� GERALD FIANAGAN ORO VALLEY WATER UTILITY 6390 2 TANQLIEE VERDE 11000 N LA CANADA DR. TUCSON AZ 85 715 ORO VALLEY,AZ 85737 i .. CERTIFICATE HOWER COPY • Pohl kioh,dE 4 Ioes rim:0111LOoJ.uesprOtoctin Cho addiliOnal ins d'a o�Naeinaw,atnoe and au�e�G�atl 4 i►rter'as#�Cho rlaro!'f!�!ow!4 10 clays$natal,if tie policyIs tominat�rd. Ai such kY IM4sions• The,additional insumli will bo glom Irvquima renewal premiums hived been paid, the azio Tla ai fns is d,it atraii las Weaned t► the change of intermit of ownership among' to their mention. Failure to db " ua with in 1Q de"of enY void, w i ranger ehje Rolla!►hull anld 1 • • RUG-14-2006 MON 04:13 PM FAX NO. P. 05 09/08I2006 14:12 5208852723 G FLANAGAN PAGE 04/04 003.. , .• fly No. 93-m-6005- • Lirr ADDITIONAL INSURED ENDORSEMENT C�rt�rs Le Lessees or Contractors(Form B) AM..% Policy Na.: 93 45-4005-0 Named Ins VISTLANID RASOTJRcla INC Nome of Person or Qrg;anizetian; ORO vA14.4Y wA TER �ILY�*Y • 111000 W LACANADA DR • ORO VAr LSY AZ 05 717 WHO • • • IS AN11�.11jtt� P� or $WGTION It DESIGNATION OF INS by arr for ��t'lira��andw�n a,�tif9c,but onry withu��. is amended t4��s as an In you. r to liab ity arising out of ' • '�d Dydout work for hang • • 4, , i • ,1, AUG-14-2006 MON 04: 13 PM FAX NO. P. 06 A'tJG 14 2006 % UAr!zona S CFA At work or youCertificatef Insurance.� ,� o Certificate Mailed To: Name of insured: ORO VALLEY WATER UTILITY WESTLAND RESOURCES INC 11000 N LACANADA DRIVE 2343 E Broadway Blvd ORO VALLEY AZ 85737 Ste 202 Tucson AZ 85719 Date Issued: 08/10/2006 Certificate Number: 52 . - . - - Policy N-umber:- - —.285664 . _ _.._--.- _ Origin Date: 02/27/1997 Expiration Date: 02/01/2007 Liability Limits: 1000/1000/1000 (000 Omitted) Proof of Coverage 8 Inch Main Ext @ Oro Valley Dr Job Number: Location: It is agreed that waiver of subrogation only as respects ation is effective to the above Certificate Holder for the project described herein. This agreement shall not operate directly or indirectly to benefit any other person or organization. Should the above policy be canceled by the State Compensation Fund before the expiration date thereof, the State Compensation Fund will endeavor to mail 30 days written notice to the above named Certificate Holder,but failure to mail such notice shall impose no obligation or liability of any kind upon the State Compensation Fund. This Certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend or alter the coverage afforded by the policy listed hereon. This is to certify . a workers'compensation policy has been issued to the insured listed hereon and is in force.for the period referenced. Certificate Issued To: Oro Valley Water Utility 11000 N LaCanada Drive • Valley ' Oro AZ 85737 Authorized Representative 61-810 01/20/2006 EXHIBIT 3 O • 4 v'e A' 1 °UNDED Asz Engineer's Proposal • +r WestLand Resources Inc. Engineering and Environmental Consultants June 30, 2006 Mr.Robert Jacklitch Project Manager ORO VALLEY WATER UTILITY 11000 N. La Canada Drive Oro Valley,Arizona 85737 RE: DESIGN AND CONSTRUCTION PERIOD SERVICES FOR THE 8-INCH C-ZONE MAIN EXTENSION ALONG ORO VALLEY DRIVE WESTLAND PROPOSAL NO.P4447.06 Dear Mr.Jacklitch: Per your request, WestLand Resources, Inc. (WestLand) is pleased to provide a proposal for professional engineering services for the design and construction period services required for an 8-inch C-zone main extension along Oro Valley Drive (see attached exhibit). The proposed facilities will improve the reliability, fire-flow capability, and redundancy within the Oro Valley Country Club area. This project will consist of approximately 3,200 lineal feet (if) of 8-inch water main to be constructed within the existing right-of-way (ROW) of the above-referenced alignment. The 8-inch water main will be equipped with fire hydrants so that each home along the alignment will be within 500 feet of a new fire hydrant. We propose to provide design for new domestic service connections along the proposed alignment. Our detailed scope of services and associated fee proposal are included herein by task. TASK 1 -PROJECT MANAGEMENT The goal of this task is to facilitate the project on time and on budget. This project will require extensive coordination with the Oro Valley Water Utility (OVWU), and the existing homeowners along the alignment. This project will consist of nine tasks. Our project management task will include bi-weekly meetings with the OVWU, which will include the preparation and maintenance of project schedules to keep the project on track and on budget. Additionally, WestLand proposes to facilitate public meetings with the Homeowner's Association to educate the public on the project. WestLand proposes to provide meeting minutes for all client,public, and agency-related meetings throughout the duration of the project. TASK 2—LAND SURVEY/MAPPING WestLand proposes to provide professional land survey services including aerial photography to doeument-existingfeatures-throughout-the_alignment_Fi el d-surveys-will-be-provided-to-verify-locations-of- existing utilities, above-ground culture, and bluestake as provided by local utility companies. The deliverables for this project will be 1"=40', 1-foot contour interval topographic maps showing the planometric features depicted by aerial methods supplemented with the on-the-ground surveying of visual surface utilities and bluestake. We propose to show adjacent parcel information based upon the Assessor's map information. Representative monuments will be field located throughout the survey to fit the ownership line work and topography. The parcels will be shown based upon Assessor's information, not via formal boundary surveys. 114 2343 E. Broadway Blvd., Suite 202 • Tucson, AZ 85719 • 520.206.9585 Fax 520.206.9518 Mr.Robert Jacklitch June 30,2006 Page 2 TASK 3—UTILITY COORDINATION AND RESEARCH WestLand proposes to provide research and coordination services with the utility companies located within the existing Oro Valley Drive ROW along the alignment to best determine existing utility locations. WestLand proposes to facilitate a site meeting with the utility companies and will provide formal requests for existing base mapping information from all the utilities located within the pipeline extension corridor as defined by the Bluestake center. After we have obtained all the data from the existing utility companies,WestLand proposes to compile data and depict it within the proposed plan set. This compilation will be provided to all the utility companies prior to implementing the design phases of the project. TASK 4—TECHNICAL DESIGN MEMORANDUM WestLand proposes to provide a technical memorandum to include pipeline and modeling analyses using WaterCAD version 2002 to justify the need and project the fire flow availability throughout the corridor. The technical memorandum will be submitted to the Pima County Department of Environmental Quality (PCDEQ) for review and approval. The report will also include specifications for materials and acceptable methods of construction per OVWU standards. ‘11111r TASK 5—PIPELINE DESIGN WestLand proposes to provide the professional civil engineering design using the survey data indicated in Task 2. The plan set will include 1"=40' scale construction documents for public bidding per the OVWU requirements. The pipeline will be designed per the most current OVWU standards and will include connection details for connection along the proposed alignment. The design will be provided to a level of detail as required by the OVWU and the PCDEQ for review and approval. The proposed 8-inch water main will be equipped with fire hydrants at approximately 500-foot intervals. WestLand proposes to prepare construction drawings for pipeline design for the standard subdivision depth of cover of 44-inches underneath the paved roadway surface of the proposed alignment. TASK 6—PRIVATE PLUMBING DESIGN AND SERVICE RELOCATION The existing customers located along the proposed alignment are primarily fed by 2-inch water lines located behind the existing homes. The existing 2-inch water lines have been a maintenance problem for the OVWU and are likely to be abandoned as part of the project. To abandon the existing 2-inch pipelines, service lines will need to be relocated from the rear of the parcels to the front of the parcels and connecd—to the new 8-inc wa er main instead as part orthis project. WestLand has reviewed the proposed alignment and has determined that approximately 15 homes may require service relocations. Service relocations are slightly different than water main relocations as they are private plumbing on private property. WestLand proposes to meet with all the individual homeowners along the alignment, evaluate and analyze routes for connection of new potable water services to the existing homes, and provide preliminary plans for the homeowners to review and approve.Upon completion of the relocation plans, WestLand proposes to submit to the Town of Oro Valley Development Services Department for review and approval. Q:\Proposals\4447 OV Drive Svcs prop.TAM.doc Mr.Robert Jacklitch No) June 30, 2006 Page 3 TASK 7—GEOTECHNICAL REPORT WestLand proposes to evaluate the properties of the geotechnical profile beneath.the pipeline alignment to provide criteria for pipeline design and pavement stability. The proposed pipeline will be placed at a depth of approximately 44-inches.The pipeline diameter is anticipated to be 8-inches. Soils borings are proposed to log the existing field conditions. It is the intent to drill five test borings by hollow stem auger methods to a depth of approximately 10-feet below grade unless shallower refusal is encountered. Standard penetration testing or open-end drive sampling will be performed at 6-foot intervals or less in the borings. Should the evaluation reveal unexpected conditions, an alternate program may be recommended, following review of data by our project engineer. We will however, not exceed the scopes of work proposed herein without your prior approval. Laboratory Analysis — Laboratory tests will be performed as considered necessary for engineering analysis. Tests which may be necessary for the project include moisture content, density, grain-size analysis,Atterberg limits and optimum density/optimum moisture test. Engineering analysis of the data collected in the field and laboratory testing would be made.Three copies of a geotechnical evaluation report would be submitted,which would include the following: A. Logs of test borings, a site plan showing their locations, and a description of procedures and equipment used in the exploratory program. B. Results of laboratory tests and a description of test methods. C. A description of the geotechnical profile underlying the site. D. Recommended pipeline design parameters including trench slope, active and passive pressure and backfill recommendations. E. Estimated pipeline settlement. TASK =CONTRACT PREPARATION WestLand to oses rothe existing standard OVU contract for the public bidding of this project. p p modify W WestLand also proposes to add project specifications to the Oro Valley standard contract to include special requirements for the project including, but not limited to, details for construction, specifications for pipelines,and methods of work as proposed for the project. 1,010 Q:\Proposals\4447 OV Drive Svcs prop.TAM.doc Mr.Robert Jacklitch June 30,2006 Page 4 TASK 9—CONSTRUCTION ADMINISTRATION AND PROJECT MANAGEMENT WestLand has developed a scope of services for this project based upon its experience, including many projects for the O\TWU. This scope was developed as a result of meeting with OVWU staff to better understand the expected level of effort for project management, and the expected level of staff effort for these services by task for appropriate personnel. WestLand assumes that the OVWU will provide all inspection and certification services in-house. Our proposed efforts are listed in tabular form as follows: Staff Work Effort Matrix itoo4,vtotm,efttzAolfrs,„:gfjtitM:;tl'": ::: 0.IriseGtar ,10*,',01S041-1,4triA44,RM11,76 ,`"if,,, ,V P.ours) (Hours) Pre-Bid Meeting 2 1 Issue Addenda(If required) 1 1 Bid Related Q&A 2 Bid Opening 1 Bid Tabulations Pre-Construction Meeting 2 2 1 Review Submittals 5 Weekly Construction Meetings 32 15 Technical Resolutions 5 40 5 Sub-Total 13 79 23 Our standard billing rates for staff member classifications as shown on the table above are listed in our attached standard billing rates. Assuming staff requirements are similar to those shown above, our estimated fee for this administrative task is estimated to be approximately $10,000. Using this information we propose to provide these services on a time and material basis per the attached rates with a budget of$10,000. FEES WestLand proposes to provide the services listed herein as follows. W/.�..{ro':' FN'` .��w,zx .t. W,Y 4" �•.eR:Y ltd a;;Yr F y'� Y/ t,. ':.S .-i;b �":�Nt r..r,.. jr g,.11,�,t.L'`' Y•{' : Y�i' d;. ;}, rs'ayw,.yry, s, r'' ^{-,r :t...,:C-oS z ,.w*,.Sy,^i.v,.s,YY r, ,..x.: �r b...S �tf' „i:.:nvwr ...vi6• ..wrk...:S� ?..R.:vn5,r.,.r.:ti��%$a.:x.."� .. ... .:r Z a f ` �S a Task . . dee 1. Project Management $ 6,500 2. Land Survey/Mapping $12,850 3. Utility Coordination and Research $ 3,500 4. Technical Design Memorandum $ 3,800 5. Pipeline Design $18,000 6. Private Plumbing Design and Service Relocation $12,000 7. Geotechnical Report $ 4,100 8. Contract Preparation -- - -$-3,200 - - - -- - --- -- - 9. Construction Administration and Project Management $10,000 416/0 TOTAL $73,950 Q:\Proposals\4447 OV Drive Svcs prop.TAM.doc Mr.Robert Jacklitch June 30, 2006 Page 5 We appreciate the opportunity to provide this proposal and hope to continue our working relationship with the Town of Oro Valley. If you have any questions regarding our scope of services or associated fee proposal,please feel free to call. Respectfully, WestLand Resources, Inc. LisW‘abiA40°Y\COT-44A-V& Thomas A.Martinez,P.E. Principal TAM:rc Attachments: Billing Rate Schedule Exhibit cc: Mark Taylor,WestLand Resources,Inc. Mark Ostermann,WestLand Resources,Inc. dosiOlK • Q:\Proposals\4447 OV Drive Svcs prop.TAM.doc lear. EXHIBIT 4 - 44a qi, 4 4 - * AL' A/DED Location Map '. o CPNP�p, � \" �R PUSCH VIEW LANE II•LWAT1N ROPOSED �MpNO P�" „pCN L.4,4611111 41111 . 1.4k411111111-Ilk \Vito, „Air ilPP ARO VALLEY DR. �' A tr. 111:64 4 i 0"44 rill0111 I I/ *, REENOCK DR. 0,0 ...,,, vifp Ilk 0 it - , fp* - :_-_,- -_-_s __,..\W„,_.(C- " I= A-4 0/ ----7 IN/ I --- ! IIIIIIIVatiilittM ' aria vas;5 r �sra-r�s r---"i �_ iiss �"BK.�13 MSP PG.SD \ 1111 _ _ ,Ii. \ o I 01 _ _ = - _., ,,--- ,.._ ......._ mg, alio aft � -_. v41111 yam [UlIl i DEL ,OROo � � O . ONQUISTADOR 7F-- Ii i \ I / Li; $* O \ WAY \ I Li .... ti., - LEGEND oeo�„��E� ,g- ,;,-, ro9 N -- - - - , PROPOSED WATER MAIN ' t. AA -A-r .. ---""-' ~ A EXHIBIT 1 o •��NOED\9l-A 6•A q, ) E ORO VALLEY WATER UTILITY. .. ORO VALLEY DRIVE ,,,, /`�'` 0' S 500' PROPOSED WATER MAIN LAYOUT WestLand Resources Inc. LI-C Easisariag awl Eiricraxntal Canaitants 11161M"i0a -M(P,Mlital "�`"""• A '°""' SCALE: 1' = 500' JUNE 30, 2006 TOWN OF ORO VALLEY Page 1 of 1 COUNCIL COMMUNICATION MEETING DATE: September 6, 2006 TO: HONORABLE MAYOR AND COUNCIL FROM: MELINDA GA AN,TOWN ATTORNEY SUBJECT: RESOLUTION NO. (R) 06- 73 , A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, DECLARING THE DOCUMENT KNOWN AS ARTICLE 6-10 OF THE TOWN CODE, ENTITLED "HISTORIC PRESERVATION CODE," TO BE A PUBLIC RECORD. SUMMARY: At the October 4, 2006 Town Council Meeting, the Historic Preservation Commission plans to present, with its recommendation, the proposed Historic Preservation Code for Council adoption. At this time the proposed Code is before Council, with the accompanying resolution, simply to be declared a public record. That will allow Council the opportunity to adopt the Code by reference through an ordinance, and to avoid the expense of publishing the whole Code. ATTACHMENTS: Exhibit"A", Article 6-10 FISCAL IMPACT: None SUGGESTED MOTIONS: I move to approve Resolution No. (R) 06-73 , Declaring the document known is Article 6-10 of the Town Code, Entitled"Historic Preservation, Code"to be a Public Record. / / /of I A__.,.........i„„...„..„..........__ Melinda G. • ah. , Town Attorney /0FA Brent Sinclair, Community Development Director 0 _ ....,.. _ _ 111.a., A _ David Andrews, Town Manager RESOLUTION NO. (R) 06-73 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, DECLARING THAT DOCUMENT KNOWN AS ARTICLE 6-10 OF THE TOWN CODE, ENTITLED "HISTORIC PRESERVATION CODE," TO BE A PUBLIC RECORD BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, that certain document entitled Article 6-10 of The Town Code, entitled "Historic Preservation Code," attached hereto as Exhibit A, three copies of which are on file in the office of the Town Clerk, is hereby declared to be a public record effective immediately, and said copies are ordered to remain on file with the Town Clerk. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 6th day of September , 2006. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Melinda Garrahan, Town Attorney \\Legal`sharefiles\B&C\OTHER\Historic Preservation Commission\Resolution-Public Record.doc Town of Oro Valley Attorney's Office/08/16/06 EXHIBIT "A" ARTICLE 6-10 \\Legal\sharefiles\B&C\OTHER\Historic Preservation Commission\Resolution-Public Record.doc Town of Oro Valley Attorney's Of lce/08/16/06 Oro Valley Town Code Article 6-10 HISTORIC PRESERVATION CODE Sections: 6-10-1 Purpose,Mission and Objectives 6-10-2 Relation to General Plan 6-10-3 Definitions 6-10-4 Historic Property Register 6-10-5 Historic Preservation Commission 6-10-6 Incentives 6-10-7 Historic Landmark Designation Process 6-10-8 Historic District Designation 6-10-9 Certificate of Appropriateness 6-10-10 Maintenance and Repair 6-10-11 Economic Hardship 6-10-12 Appeals 6-10-13 Violations and Enforcement 6-10-14 Severability Section 6-10-1 PURPOSE, MISSION AND OBJECTIVES A. Purpose. It is hereby declared as a matter of public policy that the Town of Oro Valley joins with the United States of America and the State of Arizona in promoting the protection, enhancement, andp �a etuation of properties, areas, documents and artifacts of historic, cultural, archaeological and aesthetic significance as being necessary for the economic,cultural,educational andgeneral welfare of the public. This is done pursuant to the provisions of the National Historic Preservation Act of 1966 as amended, the Arizona Revised Statutes, Section 9-462.01, and the establishment of this Historic Preservation Code by the Oro Valley Town Council. B. Inasmuch as the identity of people is founded on its past,and inasmuch as Oro Valley has many historic, archaeological and cultural resources which constitute its heritage, this Code is intended to: 1. Identify and preserve the historic properties that represent distinctive elements of Oro Valley's historic,archaeological,architectural and cultural heritage;maintain and foster their unique identities, which in turn helps to make the community a desirable place to live, work and visit. 2. Promote the use of historic properties for the education,pleasure and welfare of the people of the Town. 3. Foster civic pride in the accomplishments of the past. 4. Protect and enhance Oro Valley's attractiveness to visitors which also provides support and stimulus to the economy. 5. Stabilize and improve property values of rehabilitated and protected sites. 6. Provide incentives for restoration by owners of landmarks or historic properties. Page 1 of 17 Oro Valley Town Code 7. Provide standards for restoration of Designated Properties and for new construction within Historic Districts. C. Mission. The Mission of the Oro Valley Historic Preservation Code is to promote the educational,cultural and economic welfare of the Town of Oro Valley by ensuring the preservation of historic buildings,districts,landmarks,structures,documents,photographs and other artifacts that represent the historic background and development of the greater Oro Valley area. D. Objectives of the Oro Valley Historic Preservation Commission: 1. To maintain a Code providing for the designation and preservation of historic buildings, districts, landmarks, structures, documents, photographs and other artifacts; 2. Under the terms of the Code,to promote the designation of historic landmarks and districts; 3. To keep a register of all historic landmarks and districts; 4. To conduct an ongoing survey to identify significant buildings, districts and structures within the town; 5. To inform and educate citizens concerning the history and heritage of Oro Valley; and 6. To create an appropriate design of historical markers for identification of historic landmarks and districts. Section 6-10-2 RELATION TO GENERAL PLAN The administration of this Article shall be pursued in accordance with the policies set forth in the Oro Valley General Plan. Section 6-10-3 DEFINITIONS For the purpose of this Article, certain words,phrases and terms used herein shall have the meaning assigned to them by this Section. When not inconsistent with the context,words used in the present tense include the future; words in the singular include the plural and those in the plural include the singular. The word "shall" is mandatory; the word "may" is permissive. Alteration: Any aesthetic, architectural, mechanical or structural change to the exterior surface of any part of a Designated Property as defined herein. Archaeological site: A site containing any structure, articles or remains resulting from prehistoric human life,habitation or activity,including but not limited to petroglyphs,pictographs, paintings,pottery,tools,ornamentation,jewelry,textiles,ceremonial objects,weapons,armaments, vessels or vehicles. Building: A structure created to shelter any form of activity, such as a house,barn, church, hotel or similar structure. "Building" may also refer to a comphistorically-relatedlex,p lex such as a courthouse and jail, or a farmhouse and barn. Cemetery: Any site which contains at least one burial, marked or previously marked, considered a dedicated cemetery under Arizona State Statutes, even though it may be currently suffering neglect and abuse. Certificate of Appropriateness: A document issued by the Commission, following prescribed review procedures,certifying that proposed work on a Designated Property is compatible with the historic character of the property, and therefore (1) may be completed as specified in the Page 2 of 17 Oro Valley Town Code Certificate of Appropriateness; and(2)any building permits needed to do the work specified in the Certificate may be issued. Chair: The Chair of the Historic Preservation Commission or his/her designee. Chief Building Official: The Chief Building Official of the Town of Oro Valley,or his/her designee. Commission: The Historic Preservation Commission of the Town of Oro Valley,Arizona as described in this Article. Construction: Any preparation,site assembly, erection,repair, alteration or similar action (excluding demolition) for sites, structures, public or private rights-of-way, utilities or other improvements. Contributing:A classification applied to a building site,structure or object within a Historic District or Landmark roe si i 'ng that it contributes to the defining characteristics of the property�Y � � Historic District or Landmark. Demolition: Any intentional act or process,which totally or partially destroys a Designated Property. Property: Desi natedA erty which has received Town designation as a Landmark,or Designated property P as a Contributing Property Pro e within a Historic District, according to the provisions of this Article. Director: The Community Development Director of the Town of Oro Valley or his/her designee. Historic District: Ageographical area whose boundaries are defined by a Historic District designation which contains properties, structures, sites or objects which are considered to zoning gn P p have historic or cultural value. Historic Property Register:The listing and defining of Designated Properties of Oro Valley P g as provided in this Article. Historic Resource Survey: The official historic resource survey book of the Town as bythe Commission,listingand describing properties,structures,sites or objects(whether produced or not)which are considered by the Commission to have historic or cultural value. designated Inte ri : A measure of the authenticity of a property's historic identity, evidenced by the survivalphysical of h sical characteristics that existed during the property's historic or prehistoric period in comparison with its unaltered state. For example, a historic building of high integrity has few alterations or ones that can be easilyreversed, and an archaeological site with high integrity is one that is relativelyundisturbed; criteria evaluated include association, design, feeling, location, and materials. Landmark: A designation, as a result of processes provided in this Article, applied by the Commission to an individualP roperty, structure, site or object, which has a historic value or expresses a distinctive character worthy of preservation. Maintenance:Regular,customary or usual care for the purpose of preserving a property and keeping it insafe, sanitary and usable condition,without causing any alteration to the distinctive p g a exterior character of the property. Non-contributing: A classification applied property, site, structure or object within a pp to a or Landmark property si i 'ng that it does not contribute to the defining Historic Districtp p Y � � characteristics of the Historic District or Landmark. PRAB: The Parks and Recreation Advisory Board of the Town of Oro Valley, Arizona. Planning and ZoningCommission: The Planning and Zoning Commission of the Town of Oro Valley, Arizona. Page 3of17 Oro Valley Town Code Preservation: The act or process of applying measures to sustain the existing form,integrity and material of a structure, and the existing form and vegetative cover of a site. It may include stabilization work where necessary, as well as ongoing maintenance of the historic materials. Preservation Covenant: A deed restriction filed with Pima County, which identifies the property as a Landmark or a Contributing Property within a Historic District. Reconstruction: The act of reproducing by new construction the exact form and detail of a vanished structure or object, or part thereof, as it appeared at a specific period of time. Rehabilitation: The act or process of returning a property to a state of utility through repair or alteration which makes possible an efficient contemporary use,while preserving those portions or features of the property which are significant to its historical, architectural and cultural values. Removal: Any relocation, in part or whole, of a structure on its site or to another site. Renovation: See Rehabilitation. Repair: Any physical change that is not alteration, construction, removal or demolition. Restoration: The act or process of accurately recovering the form and details of a property and its setting as it appeared at a particular period of time, by the removal of later work or by the replacement of missing earlier work. Review Criteria: The standards, tests, norms or guidelines applied by the Commission during any review process, including, but not limited to, surveys, designations, or Certificates of Appropriateness. Secretary of Interior Standards: Standards which pertain to historic buildings of all materials, construction types, sizes and occupancy, and encompass the interior and exterior, developed and published by the Office of the United States Secretary of the Interior, as part of the Department of the Interior regulations. Stabilization: The act or process of applying measures designed to re-establish a weather- resistant enclosure and the structural stability of an unsafe or deteriorated property, while maintaining the essential form as it exists at present. Structure: Anything constructed or erected, the use of which requires a permanent or semi-permanent location on or in the ground, including, but not limited to, bridges, dams, water distribution systems, buildings, garages, fences, gazebos, advertising signs, antennas, satellite sending or receiving dishes, paved parking or circulation areas, landscapes, sculpture and recreational facilities. Town: The Town of Oro Valley, Arizona. Section 6-10-4 HISTORIC PROPERTY REGISTER A Historic Property Register is hereby established for the purpose of listing and defining Landmarks and Historic Districts designated under the provisions of this Article. This register may be periodically amended by the Commission, and shall be available for public reference and historical study. Section 6-10-5 HISTORIC PRESERVATION COMMISSION Pursuant to Ordinance Number(0) 04-45, there was created a commission to be known as the Oro Valley Historic Preservation Commission. A. Membership Page 4 of 17 Oro Valley Town Code 1. The Historic Preservation Commission shall be composed of seven (7) members, six (6)of whom shall be appointed by the Town Council, and one of whom shall be the Town Historian. 2. Prospective members should have demonstrated significant interest in and commitment to the field of historic preservation,evidenced either by involvement in a local historic preservation group,current non-conflicting or previous employment or volunteer activity in the field of historic preservation or other serious interest in the field. To the extent possible, it is desirable that two (2) members be current or previous professionals in the areas of architecture, history, planning or archaeology. 3. Immediately prior to assumption of the duties of office, each member shall take and subscribe to the oath of office. 4. All Commission members shall serve without pay,except that members may be reimbursed for actual expenses incurred in connection with their duties,upon authorization. B. Term of Office 1. Membership appointment to the Commission shall be for a period of three(3) years. Terms shall be staggered so that no more than two (2) members' terms shall expire in any given year. All terms shall begin on July 1St and shall end on June 30th or until a successor is appointed and qualified. 2. In the event of a resignation,removal or death of a member,the Council shall fill the vacancy for the un-expired term. 3. The Council may remove any member of the Commission by a majority vote of the majority of the Council, or as otherwise provided by ordinance or Town Code. 4. Upon adoption of this Code,the Council shall reorder the terms of the current appointed members of the Commission so that two(2)members'terms shall expire in approximately one(1)year,two(2)members'terms in approximately two(2)years,and two(2)members'terms in approximately three(3)years, consistent with the provisions of(1) above. C. Officers 1. The members of the Commission shall elect from among themselves a Chair and a Vice Chair,who shall serve for one(1)year or until their successors are elected. Officers may serve successive terms, if so chosen by the Commission. 2. The Chair shall preside at meetings and exercise the usual rights,duties and prerogatives as the head of similar organizations. The Chair shall serve as Commission liaison with the Town staff, and shall also be responsible for other duties as described in this Article. 3. The Vice Chair shall perform the duties of Chair in the Chair's absence or disability. 4. The members shall fill a vacancy in either office for the unexpired term through a new election. D. Meetings 1. The Commission shall meet monthly,unless otherwise provided. 2. A majority of members shall constitute a quorum. The affirmative vote of the majority of members present shall be required for passage of any matter before the Commission. Any member may abstain from voting on a matter by declaring a conflict of interest,in which case such member shall step down and take no part in discussions or deliberations on that matter. E. Rules 1. The Commission shall make and publish rules to govern its proceedings, 41) Page 5 of 17 Oro Valley Town Code subject to approval by the Town Council. All meetings of the Commission shall be open to the public and noticed as provided by Arizona law. 2. Minutes shall be kept of all meetings. The minutes shall include all issues considered, and shall record the individual votes of members on each action item. F. Powers and Duties The responsibility of the Commission is to promote the purposes and objectives of this Article and shall include, but not be limited to, the following: 1. Maintain and periodically update,as needed,a plan for historic preservation. 2. Maintain review criteria to assure fair and impartial evaluation and designation of properties as Landmarks and Historic Districts. The Commission shall periodically review these criteria, and make such adjustments or updates as may be required. 3. Maintain criteria to assure fair and impartial review of applications for Certificates of Appropriateness. 4. Review properties proposed for designation as Landmarks, explain to the owners thereof the potential effects of designation as known to the Commission at that time and make a decision to designate, conditionally designate or deny designation. 5. Review property nominations for designation as a Historic District,explain to the owners thereof the potential effects of designation as known to the Commission at that time and make recommendations regarding rezoning to a Historic District to the Planning and Zoning Commission. 6. Propose design guidelines appropriate to individual Historic Districts. 7. Review and approve, conditionally approve or deny applications for a Certificate of Appropriateness. 8. Maintain the Historic Property Register. 9. Determine and cause to be created a system of markers for designated properties. 10. Recognize the owners of designated properties. Issue commendations to owners of historical properties who have rehabilitated their property in an exemplary manner. 11. When Town Council approval is appropriate,make recommendations to the Town Council regarding the acquisition of property suitable for preservation. 12. Make recommendations to the Town Council regarding the utilization of federal, state, Town or private funds to promote historic preservation. 13. Make recommendations to Town Council to accept gifts, grants, funds, contributions and bequests from individuals and public and private entities, agencies,foundations, trusts, corporations and other organizations or institutions. 14. Cooperate with and enlist the assistance of persons,organizations,foundations and public agencies in matters involving historic preservation,rehabilitation and reuse,with Town Council approval as appropriate. 15. Increase public awareness of the values of historic, cultural, archaeological and architectural preservation, by developing and participating in public education programs. 16. Annually prepare written reports of Commission activities; submit such reports to the Town Council and the State Historic Preservation Office(SHPO). These reports shall be available for public review. 17. Conduct detailed studies and surveys of properties and areas and assess their potential for designation. Page 6 of 17 Oro Valley Town Code 18. Periodically review the Historic Resource Survey and consider the inclusion of any properties, which may have come to meet the requirements herein and the deletion of any properties which may no longer exist. 19. Work with and assist departments of the Town in matters affecting historic preservation. 20. Assist property owners, on request, on the restoration, rehabilitation, alteration, decoration, landscaping or maintenance of any historic property. 21. Encourage and assist property owners of historic properties on procedures for inclusion on State historic listings and the National Register of Historic Places. 22. Work collaboratively with PRAB in the design and use of parks and park-like areas which have a historic or archeological significance. 23. Establish liaison with groups and organizations as appropriate. 24. Carry out such other duties as may be determined by the Town Council, and present other such recommendations as may be deemed pertinent. G. Committees Advisory committees may be created by the Chair or by the Commission to study and report on pertinent matters. Such committees may include citizens who are not members of the p Commission, but shall include at least one Commission member who shall serve as chair of the committee. Committees appointed for a specific task shall dissolve when the task is completed and its report has been presented to the Commission. Section 6-10-6 INCENTIVES It is the intent of the Town to make ownership of a Landmark or Contributing Property within a Historic District as beneficial as possible. In addition to the intangible benefits of owning a property recognized as an important community resource,the Commission may,when applicable and possible,provide such owners with one or more of the following: A. Recommendation to the Department of Community Development that an alternate or transitional use be considered. B. Advice in locating potential sources of financial assistance and tax credits. C. Advice in preparing grant applications and potential third party sponsorship D. Technical information and referrals. E. Assistance in locating buyers and/or sellers. F. Assistance in the formulation of a neighborhood association. G. Assistance in obtaining other benefits as may become available. H. Waiver of Application Fees. Fees for applications as they pertain to this Article may be waived or reduced by the Director upon a request from the Commission, if it is determined that such a waiver or reduction of fees would further the intent and purpose of this Article. Section 6-10-7 HISTORIC LANDMARK DESIGNATION PROCESS The Commission may designate as a Landmark an entire property,an identified portion of a property or one or more individual structures on a property. A. Application Submittal and Review Requirements An application for a Landmark Designation shall be submitted by the owner of the Page 7 of 17 Oro Valley Town Code subject property or agent and involves the following steps: 1. Pre-application Consultation. Prior to the submittal of an application for a Landmark Designation, the applicant should consult with the Director to explain the application submittal requirements. 2. Application Submittal Requirements. An application for a Landmark Designation shall contain at a minimum the following,any of which may be waived by the Director, as authorized by the Commission: a. Completed application form. b. Location and description of property. c. Filing Fee. d. Statement or letter of authorization from the property owner, if different from the applicant. e. An ownership map of property owners within three hundred(300)feet of the exterior boundaries of the subject property as shown on the last assessment of the property. A list of these property owners shall also be provided on mailing labels and keyed to the map showing the location of the identified properties. f. A written description of the proposed property. Description should include special aesthetic,cultural, architectural, archaeological or engineering interest or value of a historic nature,including information about the architecture,notable construction features and other information indicating the historical significance of the property. Sketches,drawings,photographs, or other descriptive materials may be included. g. A written statement of condition of property and/or structure(s) including any known threats thereto. h. Other information as may be requested. 3. Incomplete applications may be returned to the applicant and not processed until all materials have been submitted. If all the required materials have been submitted, the application shall be considered complete and shall be accepted by the Director. Following acceptance of a complete application, the Director shall conduct a formal review and prepare a comprehensive report which shall be submitted to the Commission and made available to the applicant,media and general public at least seven(7)days prior to the Commission's public hearing on the Landmark Designation application. 4. Upon acceptance of a complete application,no building or demolition permits affecting the proposed Landmark shall be issued by the Town until the process as described herein has been completed and the Commission has made its decision. B. Notice of Commission Hearing 1. Upon receipt of a complete application for a Landmark Designation,the Chair shall place it on the agenda for a public hearing within thirty(30)days. Public notice of this hearing shall be given as prescribed herein. 2. The Town shall give notice of the date,time and place of a public hearing for consideration of a proposed Landmark,including general explanation of the matter to be considered and a general description of the area affected at least fifteen (15) days before the hearing in the following manner: a. Publication at least once in a newspaper of general circulation in the Town. b. Posting on the affected property so that the words "Public Hearing" Page 8 of 17 Oro Valley Town Code and the date and time of the hearing are visible from a distance of one hundred(100)feet. It shall be the responsibility of the applicant to maintain the posting once erected. c. Notification by first class mail shall be sent to each real property owner as shown on the last assessment of the property within three hundred(300)feet of the property to be Landmarked. d. In addition to notice by the means set forth above,the Town may give notice of the hearing in a specific case in such other manner as it deems necessary or appropriate. e. As provided in A.R.S. 9-462.04(A)(7), or any successor statute, the failure of any person or entity to receive notice as set forth in the statute shall not constitute grounds for any court to invalidate the actions of the Town. 3. Persons with specific issues or concerns regarding a proposed Landmark are encouraged to contact the Department of Community Development in writing,by phone or in person prior to the hearing. C. Landmark Designation Criteria The Commission shall evaluate each structure, site,building or property within an area that is included in an application and may designate it as a Landmark if it is determined to have historical or other cultural significance or integrity, and is suitable for preservation, using the following criteria: 1. Association with events that have made significant contributions to the broad patterns of our history. 2. Association with the lives of persons significant in our past. 3. Embodiment of distinctive characteristics of a type, period or method of construction,or representing the work of a master,or high artistic values or representing a significant and distinguishable entity whose components may lack individual distinctions. 4. Yielding information important in the understanding of the pre-history or history of our community. 5. Being at least fifty(50)years old,or having achieved significance within the past fifty(50) years if the property is of exceptional importance. 6. Possessing integrity of location, design, setting, materials, workmanship, feeling or association. D. Commission Public Hearing and Designation 1. The Commission shall hold at least one(1)public hearing on each Landmark Designation application. At the public hearing, the Commission shall review the proposal with consideration given to the review criteria. Approval,conditional approval or denial of a Landmark Designation application shall be based on the findings of the Commission as they relate to the criteria. 2. The Commission's decision shall be final unless appealed to the Town Council as provided for in this Article. A recommendation for approval may be subject to conditions as the Commission deems applicable. E. One (1)Year Bar on Refiling If the Commission denies an application, the Commission may refuse to accept another application for the same or substantially the same Landmark on the same property or any part of it within one (1) year of the date the original application was filed on the same property or a portion of it. *jal F. Removal of Landmark Page 9 of 17 Oro Valley Town Code The procedure to remove a Landmark status from a property shall be the same as the procedure to designate. However, in the case of removal of a Landmark Designation, the Commission may initiate the application. G. Effect of Landmark Designation 1. Upon approval of a Landmark Designation, the affected property shall be included in the Historic Property Register and on any other applicable documents as appropriate for its preservation. 2. Once approved,the Historic Landmark Designation and applicable restrictions shall be recorded in the office of the Pima County Recorder as notice to all future owners of the designated property. 3. No person shall carry out any exterior alteration, restoration, renovation, reconstruction, new construction, demolition or removal, in whole or in part, on any Landmark without first obtaining a Certificate of Appropriateness from the Commission. 4. No person shall make any material change in the exterior appearance of any Landmark, its color, materials, light fixtures, signs, sidewalks, fences, steps, paving or other elements which affect the appearance of the property without first obtaining a Certificate of Appropriateness. 5. Each property designated as a Landmark shall be maintained in good condition and faithful to its historic character. 6. Nothing in this Article shall be construed to prevent normal maintenance and repair, which does not involve change in the exterior design, material, color or appearance. Section 6-10-8 HISTORIC DISTRICT DESIGNATION A. A rezoning approval is required in order to receive a Historic District Designation. B. The Historic District is an overlay zone which designated properties retain the uses of and are subject to the regulations of the underlying zoning. The underlying zoning which relates primarily to land use and density, continues to be administered by the Planning and Zoning Commission. The Historic Preservation Commission administers the regulations as they relate to the Historic District Designation. C. The Commission, the Planning and Zoning Commission, the Town Council, a property owner or agent of the property owner of the area subject to the request, may initiate a request to rezone to a Historic District. D. Application Submittal and Review 1. Pre-application Consultation. A pre-application consultation with the Director is required in order for the Director to explain the rezoning review process and application submittal requirements. 2. Application Submittal Requirements. In addition to the submittal requirements set forth in Oro Valley Zoning Code Revised Section 22.3, all Historic District rezoning applications shall include the following: a. Written description of the proposed Historic District. Description should include approximate construction dates, special aesthetic features, cultural, architectural, archaeological or engineering interest or value of a historic nature,including information about the architecture, notable construction features and other information indicating the historical significance. Page 10 of 17 Oro Valley Town Code b. Identification of prospective Contributing Properties and how they each meet one or more of the Historic District criteria. c. Current sketches,photographs or drawings. d. Statement of condition of all structures. e. Explanation of any known threats to any property or structures involved. E. Notice of Public Hearing 1. Notice of the Commission's public hearing shall be the same as set forth in the Oro Valley Zoning Code Revised Section 22.3. publication Upon U of notice required above,no person shall make any material change in the exteriorappearancean of property effected by said notice, its color,materials, light Y sidewalks,fences,steps,paving or other elements which effect the appearance of the fixtures,signs, p , property until the finalization of the designation process described in this Article, provided that nothing in this Section shall be construed to prevent normal maintenance and repair that does not involve change in exterior design,material, color or appearance. F. Historic District Designation Criteria Each or property structure,site,building within an area that is included in a Historic District rezoning application a lication shall be evaluated using the following criteria to determine if it has historical or other cultural significance ficance or integrity, and is suitable for preservation: 1. Association with events that have made significant contributions to the broad patterns of our history. 2. Association with the lives of persons significant in our past. 3. Embodiment of distinctive characteristics of a type, period or method of construction,or representing the work of a master,or high artistic values or representing a significant p g and distin ishable entitywhose components may lack individual distinctions. � 4. Yielding information important in the understanding of the pre-history or history of the community. 5. Being at least fifty(50)years old,or having achieved significance within the past fifty(50)years if the property is of exceptional importance. 6integrity Possessingof location, design, setting, materials, workmanship, feeling or association. G. Adoption of Historic District 1. Action bythe Historic Preservation Commission. Upon completing its public hearing on the Historic District application,the Historic Preservation Commission shall transmit its recommendation to the Planning and Zoning Commission. 2. The Historic Preservation Commission's recommendation shall include the following: a. A map showing the proposed boundaries of the Historic District and ti 'n all structures within the boundaries, including classification as contributing or non- contributing.g contributing. b. An explanation of the significance of the proposed district and description of the cultural resources within the proposed boundaries. c. A set of findings documenting the recommendation of the Historic Preservation Commission. d. Proposed designguidelines for applying the criteria for review of Nu) p Page 11 of 17 Oro Valley Town Code Certificate of Appropriateness to the nominated Historic District. e. The recommendations of the Historic Preservation Commission may include reasonable additional conditions and/or modifications to the proposed district property boundaries as deemed necessary to promote the purpose of the District. 3. Action by the Planning and Zoning Commission. The Planning and Zoning Commission shall hold a public hearing to consider the Historic Preservation Commission's recommendations. Following conclusion of its public hearing,the Planning and Zoning Commission shall transmit its recommendation and the recommendation of the Historic Preservation Commission to Town Council. 4. Action by the Town Council. Following conclusion of its public hearing,the Council may approve the Historic District as recommended or in a modified form,stipulating those conditions it deems necessary to carry out the purpose of this District and this Code. 5. Documentation. The appropriate supporting statements,design guidelines and documents submitted with the application for a Historic District shall be considered by the Council and included in any ordinance establishing the Historic District. 6. Recordation. Once approved,the Historic District Designation and applicable restrictions shall be recorded in the Office of the Pima County Recorder as notice to all future property owners within the Historic District. H. Effect of Historic District Designation 1. Upon approval of a Historic District Designation by the Town Council, the affected property(ies)shall be included in the Historic Property Register and on any other applicable documents as appropriate for its preservation. The Town's zoning map shall be updated to reflect the new zoning district boundaries. The Town's parcel information database shall be updated to include those properties identified within the Historic District as Contributing and Non-Contributing. 2. No person shall carry out any exterior alteration, restoration, renovation, reconstruction,new construction,demolition or removal,in whole or in part,without first obtaining a Certificate of Appropriateness from the Commission. 3. No person shall make any material change in the exterior appearance of a Designated Property, its color, materials, light fixtures, signs, sidewalks, fences, steps, paving or other elements which affect the appearance of the property without first obtaining a Certificate of Appropriateness. 4. Each property designated as a Contributing Property shall be maintained in good condition and faithful to its historic character. 5. Nothing in this Article shall be construed to prevent normal maintenance and repair that does not involve change in exterior design, material, color or appearance. 6. In addition to any other required review and/or approval, any proposed construction within a Historic District shall also be subject to Commission review according to any design guidelines which may have been applied to that District and other applicable criteria. Section 6-10-9 CERTIFICATE OF APPROPRIATENESS A Certificate of Appropriateness is required before commencing any exterior improvements or development, including alteration, restoration, renovation, reconstruction, new construction, demolition or removal, in whole or in part, of a Landmark or property located within a Historic District,whether or not the work will require a building permit. Building permits for exterior work Page 12 of 17 Oro Valley Town Code on Landmarksor properties erties within Historic Districts shall not be issued without first obtaining a p Certificate Appropriateness. building permit A ro riateness. If a is sought from the Town without a Certificate of Appropriateness, the issuance of the permit shall be deferred until after a Certificate of Appropriateness ro riateness is issued by the Historic Preservation Commission. A. Application Submittal and Review Procedure An application for Certificate of Appropriateness shall be submitted by the owner of the subject property or agent and involves the following steps: 1. Pre-application Consultation. Prior to the submittal of an application for a CertificateAppropriateness,of A ro riateness,the applicant should consult with Director to explain the application submittal requirements. 2. Application Submittal Requirements. An application for a Certificate of Appropriateness shall contain at a minimum the following: a. Completed application form. b. Location and description of property with photographs of areas affected by proposed project. c. Filing Fee. d. A Letter of Intent describing the overall project specifically addressing architectural style, its compatibility within its context area, building materials, colors, exterior p ty lighting, signage and landscaping if applicable. e. Site Plan identifying all existing and proposed structures. f. Scaled illustrations showing all existing and proposed site and conditions, landscaping, improvementssignage and building elevations. gPSam les of all proposed exterior paints or stains and colors and samples of roof and other exterior materials to be used,with an explanation on how they relate to ,,, existing colors and materials. h. If the proposal includes signs or lettering, a scale drawing showing dimensions, lettering, colors, materials and any illumination. Anyadditional information which the Commission may require to i. visualize the proposed work. 3. pP Acceptance of Application. Upon receipt of an application for a Certificate of p Appropriateness, the Director shall complete a preliminary review within five(5)working days to ensure that all the required materials have been submitted. Incomplete applications shall be returned applicant and not processed until all materials have been submitted. If all the required to the materials have been submitted,the application shall be considered complete and shall be accepted by the Director. B. Notice of Public Hearing 1. Upon receipt of a complete application for a Certificate of Appropriateness, the Chair shall place it on the agenda fora public hearing within thirty(30) days. Public notice of this hearing shall be given as prescribed herein. 2. The Town shallg ive notice of the date,time and place of a public hearing for consideration of a Certificate of Appropriateness,ro riateness,including a general explanation of the matter to be considered and ageneral description of the area affected at least fifteen(15)days before the hearing in the following manner: a. Publication at least once in a newspaper of general circulation in the Town. Page 13 of 17 Oro Valley Town Code b. Posting on the affected property in accordance with Town posting requirements. c. Notification by first class mail shall be sent to each real property owner as shown on the last assessment of the property within three hundred (300) feet of the subject property. 3. Following acceptance of a complete application,the Director shall conduct a formal review and prepare a comprehensive report,which shall be submitted to the Commission and made available to the applicant, media and general public seven (7) calendar days prior to the Commission's public hearing. Commission members shall make every effort to inspect the property p rtY prior to the hearing. 4. At the hearing,concerned persons may present testimony and/or documentary evidence that will become part of the record of the hearing and the deliberations of the Commission. C. Commission Review and Decision 1. It is the intent of this Article to ensure, insofar as possible, that properties designated as a Landmark or a property within a Historic District shall be in harmony with the architectural and historical character of the property or district. 2. When reviewing an application for a Certificate of Appropriateness, the Commission may approve,conditionally approve or deny a Certificate of Appropriateness based on the following: a. The proposed work does not detrimentally alter,destroy or adversely affect any architectural or landscape feature. b. The proposed work will be compatible with the relevant historic, cultural, educational or architectural qualities characteristic of the structure, or district and shall include, but not be limited to, elements of size, scale, massing, proportions, orientation, surface textures and patterns, details and embellishments and the relationship of these elements to one another. c. The proposed work conforms to review guidelines and/or other applicable criteria. d. The exterior of any new improvement, building or structure in a designated Historic District or upon a landmarked site will not adversely affect and will be compatible with the external appearance of existing designated buildings and structures on the site or within a Historic District. 3. Review Guidelines and Criteria: The Commission may utilize the following documents and criteria as guidelines when considering an application for a Certificate of Appropriateness; a. Approved design guidelines for a designated Historic District. b. Secretary of the Interior's Standards for Rehabilitation. c. Secretary of Interior's Preservation Briefs and other information developed by US Department of Interior Park Service, Arizona Historic Preservation Office, National Trust for Historic Preservation, National Alliance of Preservation Commissions, Association of Preservation Technology and the Old House Journal. d. Any other guidelines as adopted by the Town. 4. No change shall be made in the approved plans of a project after issuance of a Certificate of Appropriateness without resubmittal to the Commission and approval of the change in the same manner as provided for issuance. Page 14 of 17 Oro Valley Town Code 5. A Certificate of Appropriateness expires six (6) months from the date of issuance unless substantial work is started within that time. 6. If work exceeds that specified in the Certificate of Appropriateness, the Certificate of Appropriateness shall be deemed to be revoked, a stop work order issued and no further building activities shall be allowed until another Certificate of Appropriateness is applied for and issued by the Commission. 7. The Certificate of Appropriateness required by this Article shall be in addition to any other permit(s) or review required for the proposed project. D. Demolition of Historic Landmark or a Contributing Property within a Historic District 1. No person shall demolish a Landmark or Contributing Property within a Historic District or cause or permit such demolition to be done, nor shall any permit for such demolition be issued unless the demolition is approved by the Commission and a Certificate of Appropriateness is issued. 2. A Landmark or Contributing Property may be demolished if; a. The Chief Building Official has determined that an imminent safety hazard exists and that demolition of the structure is the only feasible means to secure the public safety; or b. The Commission finds, after review, that maintenance, use and/or alteration of the Designated Property in accordance with the requirements of this Article would cause immediate and substantial hardship on the property owner(s) because rehabilitation in a manner which preserves the historic integrity of the resource: i. Is infeasible from a technical, mechanical, or structural standpoint, and/or ii. Would leave the property with no reasonable economic value because it would require an unreasonable expenditure taking into account such factors as current market value,permitted uses of the property and the cost of compliance with applicable local,state and federal requirements. Costs necessitated by the neglect or failure of the current owner(s) to maintain the property need not be considered in making this finding; and/or iii. The Commission finds that the demolition of a contributing property would not have a substantial adverse impact on the historic significance or integrity of a Historic District. 3. The applicant shall bear the burden of proof for all findings required for approval of a Certificate of Appropriateness for demolition. 4. If demolition is approved,the Commission may require the property owners to publish notice at least ten(10)days prior to the scheduled demolition date,in a newspaper of general circulation, of the availability of materials for salvage. Upon request,the Commission may make this information available to persons who may be interested in contacting the owner(s)to arrange for possible salvage of historic building materials. Section 6-10-10 MAINTENANCE AND REPAIR Each property designated as a Landmark,and properties designated as contributing properties within a Historic District shall be maintained in good condition and faithful to its historic character. Nothing in this Article shall be construed to prevent normal maintenance and repair of any exterior Page 15 of 17 Oro Valley Town Code feature of any structure designated as a Landmark or Contributing Property within a Historic District, which does not involve change in design,gn,material,color or outward appearance. The Commission shall not consider the interior arrangements or alterations to the interior of a building, unless authorization would impact the exterior. Section 6-10-11 ECONOMIC HARDSHIP A. An application for demolition or removal of a Landmark or property within a Historic District may, if appropriate,be accompanied by a request for relief from economic hardship. p B. Before granting such request, the Commission shall study the historic or cultural value of the property, and shall review options including incentives to the owner for restoration, or recommendation to Council that the Town purchase the property. C. Separate standards and application requirements may be established by the Town for granting economic hardship relief for income-producing properties and for non-incomeroducing properties. p 1. Investment or income-producing properties.Economic hardship reliefmay be granted if the applicant satisfactorily demonstrates that a reasonable rate of return cannot be obtained from a property which retains features which contribute to its distinctive character in its present . . . condition nor if rehabilitated, either by the current owner or a potential buyer. 2. Non-income-producing properties.Economic hardship reliefmay be granted if the applicant satisfactorily demonstrates that the property has no reasonable use as a single-family dwelling or for institutional use inits present condition or if rehabilitated,either bycurrent owner 4111.. the or a potential buyer. D. Economic hardship relief shall not be granted due to any of the following circumstances: willful destructive acts committed or caused by the owner;purchase of the property its p p rtY for substantially more than its fair market value; failure to perform normal maintenance and repair; failure to diligently solicit and retain tenants or provide normal tenant improvements. Section 6-10-12 APPEALS Any person or group of persons aggrieved by a decision of the Commission may appeal eal to the Town Council within ten (10) working days of the Commission's action, by filing with the Town Clerk written notice of appeal and any applicable fee as maybe adopted. The Council shall render a decision to sustain, conditionally overrule or overrule the Commission decision. The Council may choose to hold a public hearing. Section 6-10-13 VIOLATIONS AND ENFORCEMENT A. All work performed pursuant to a Certificate of Appropriateness under this Article shall conform to requirements thereof. Compliance shall be confirmed by inspections made bythe p Chief Building Official and the Commission Chairman or his/her designee. Certain requirements of the Certificate, such as signs, lighting, landscaping and site development shall be reviewed for compliance. B. Any action regarding a violation of any provision of this Article shall be brought to the Town Attorney. Any person, firm, corporation of other entity found to be in violation of any Page 16 of 17 Oro Valley Town Code g shall be char ed at a maximum,with a Class 1 Misdemeanor. Each day in provision of this Article violation shall constitute a separate offense. C. Any person who causes unauthorized demolition,alteration,construction or permits degradation or disrepair of a Designated Property as defined in this Article,or property proposed to gn p �y be included in a Historicmay District, be required to restore the property and site to its condition prior to the violation. The civil remedyshall be in addition to, and not in lieu of, any criminal prosecution and pevaty. completion 1 . Until of restoration, no permits for anything other than restoration shall be issued for the property by the Town. Section 6-10-14 SEVERABILITY This Article is herebydeclared to be severable. If any section, subsection, clause,word or phrase of this Article is held to be void,unlawful or unconstitutional, such holdings shall not affect the validity of the remainder of this Article or the Oro Valley Zoning Code Revised. Page 17 of 17 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: September 6, 2006 TO: HONORABLE MAYOR & COUNCIL FROM: Paul B. Keesler, P.E., Development Review Division Manager 74OF THE MAYOR AND COUNCIL SUBJECT: RESOLUTION (R) 06 A RESOLUTION OF THE TOWN OF ORO VALLEY, ARIZONA, EXCHANGING A PORTION OF THE RIGHT-OF-WAY ON AVENIDA VALLEJO FOR NEW PUBLIC RIGHT-OF-WAY AND GRADING EASEMENTS. SUMMARY: This real property exchange consists of the Town of Oro Valley abandoning a portion of the existing Avenida Vallejo right-of-way in exchange for portions of existing parcels and a future ROW dedication through a subdivision plat for the purposes of traffic calming and transfer of drainage facilities to the surrounding private Home Owners Association. i.. History: The Avenida Vallejo right-of-way was created by the Canada Del Oro Estates final plat as approved and recorded by Pima County in or about November 1956 (refer to Book 12, Page 15 of Pima County Maps & Plats). Said platted street connected Lambert Lane in the south directly to Naranja Drive in the north by means of an 80ft wide ROW. Since this original recording, approximately the southern 400ft portion of this platted street has been realigned and reconfigured to a 32ft wide ROW through a re-subdivision of the southern portion of Canada Del Oro Estates by Pima County (refer to Book 47, Page 58 of Pima County Maps & Plats). Purpose of the exchange: 1. This exchange shall facilitate the realignment of the existing vehicular traffic pass-through potential connecting Lambert Lane in the south to Naranja Drive in the north. The realignment of this travel path is intended to mitigate the potential for "straight" cut-through traffic, thus reducing both speed and volume through the Canada Del Oro Estates subdivision. 2. Due to the local topography the western portion of Avenida Vallejo is ideal for the construction of drainage conveyance facilities serving the contributing areas of the existing flow braid through the CDO Estates subdivision. The vacation of the western portions of the Avenida Vallejo public right-of-way will allow the Rivers Edge/Canada Del Oro Estates Home Owners Association to own and operate the required drainage channel through the subdivision that conveys storm flow between Naranja Drive to Lambert Lane, which ultimately discharges to the CDO. TOWN OF ORO VALLEY • f COUNCIL COMMUNICATION ATTACHMENTS: 74 Resolution (R) 06- , le al descriptions of the Right-of-Way vacation, Resolu g Original Pima plat Countyrecorded for Canada Del Oro Estates (Bk12-PGI5 PC Maps & Plats), Right-of-Way ht-of-Way Dedication and Right-of-Way Grading granted EasementsBeing to the Town of Oro Valley, Clarification Exhibit. FISCAL IMPACT: no fiscal impact to the Town of Oro Valley for the portion of Avenida There is p Vallejo ROW beingvacated. The remaining portion of ROW being retained by q the town is of adequate width to facilitate the installation and maintenance of a paved local residential street with a 50 foot right-of-way as required for the development of the surrounding area. Also, the Town of Oro Valley subdivision p . receiving additional ROW bymeans of dedication of portions of shall be rec g g existing lots within this original Canada Del Oro Estates subdivision as well as g receiving new dedicated right-of-way through the recording of the Rivers Edge/Canada Del Oro Estates, Lots 1-45 & Common Areas "A" and "B", TOV case number OV12-03-18. if the Town of Oro Valleydoes not vacate this identified portion of Conversely, . . there will be fiscal impacts with respect to maintenance and liability of the ROW p constructed drainage channel. SUGGESTED MOTION: The Council may wish to consider one of the following motions: I move to approve Resolution (R) 06 - 74 OR I move to deny Resolution (R) 06 - 74 --- C (''' Paul Keesler, Development Review Division Manager .,_ / .1 � ' / 1 �' 1 A A Crai Ci ali-� _ g Town ngineer L---Ltif' °"4"\11-'‘''' David Andrews Town Manager RESOLUTION NO. (R) 06- 74 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, EXCHANGING A PORTION OF THE RIGHT-OF- WAY ON AVENIDA VALLEJO FOR NEW PUBLIC RIGHT-OF-WAY AND GRADING EASEMENTS. WHEREAS, the Town of Oro Valley is a political subdivision of the State of Arizona, and pursuant to Article 13, Section 7 of the Arizona Constitution, is vested with all rights, privileges, benefits and is entitled to the immunities and exemptions granted municipalities and political subdivisions under the Constitution and laws of the State of Arizona and the United States; and WHEREAS, the Town of Oro Valley has the authority to exchange public roadways or portions of roadways for new public roadway pursuant to ARS 28-7203; and WHEREAS, portions of the Avienda Vallejo right-of-way have been previously dedicated to the Town by process of annexation from Pima County; and WHEREAS, the right-of-way to be exchanged is not needed for public use; and WHEREAS, no land adjoining said right-of-way would be left without access to a public street; and WHEREAS, the new right-of-way is necessary to meet Town standards for local subdivision streets; NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Town of Oro Valley, Arizona: 1. To approve the vacation of a portion of the Avienda Vallejo right- of-way as described in Attachment 1, to the adjacent property owner; 2. To accept dedication of the new right-of-way as described in Attachment 2, contingent upon the establishment of clean title; 3. To accept the granting of the grading easements necessary to maintain the new right-of way as described in Attachment 3; 4. To authorize the Mayor and Town Administrative staff to take such steps necessary as to implement the exchange of the roadways described herein. PASSED AND ADOPTED bythe Mayor and Town Council of the Town of Oro Valley, Arizona, this 6th day of September , 2006. TOWN OF ORO VALLEY, ARIZONA Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. 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Said parcel being a portion of that public right of way known as Avenida Vallejo, as dedicated per the plat of CANADA DEL ORO ESTATES, as recorded in Book 12 of Maps and Plats, Page 15, Pima County Records, Pima County, Arizona, being more fully described as follows: The West 40 feet of Avenida Vallejo, being all that portion of said right of way lying West of the following described right of way centerline: Commencing at a found 2" brass cap marking the Northeast corner of said Section 12, from which a found 2" brass cap marking the East Quarter corner of said Section bears South 00°13'38" West, a distance of 2637.24 feet; Thence South 89°54'33" West alongthe North line of said Section, a distance of 1026.96 feet to a point of intersection with the Northerly extension of the centerline of Avenida Vallejo; Thence South 18°00'39" East, along said centerline extension, a distance of 78.82 feet to a point on the South right of way of Naranja Drive, said point being the TRUE POINT OF BEGINNING; Thence continuing South 18°00'39" East along said centerline, a distance of 115.81 feet; Thence continuing along said centerline along a tangent curve to the right, with a radius of 536.67 feet, through a central angle of 18°00'00" (the chord of which bears South 09°00'39" East, a distance of 167.91 feet) for an arc length of 168.60 feet; Thence continuing along said centerline along a reverse curve to the left, with a radius of 550.75 feet, through a central angle of 9°12'32" (the chord of which bears South 04°36'55" East, a distance of 88.42 feet) for an arc length of 88.52 feet; r Stantec 13 December, 2005 Reference: Canada del Oro Estates Page 2 of 3 Thence continuing along said centerline along a compound curve to the left, with a radius of 550.75 feet, through a central angle of 20°16'19" (the chord of which bears South 19°21'20" East, a distance of 193.85 feet) for an arc length of 194.86 feet; Thence continuing along said centerline South 29°29'30" East, a distance of 70.84 feet to a point of intersection with the centerline of an un-named cul-de-sac serving lots 5, 6 and 8 of Canada Del Oro Estates per said Book 12 of Maps and Plats, page 15, said point hereafter being known as Point "A" and being the terminus of said centerline; TOGETHER WITH the West 30 feet of Avenida Vallejo, being all that portion of said right of way lying West of the following described line: COMMENCING at said Point "A"; Thence South 60°08'21" East a distance of 10.00 feet to the TRUE POINT OF BEGINNING; Thence South 29°29'30" East, a distance of 95.05 feet; Thence along a non-tangent curve to the right for an arc length of 338.18 feet (said curve having a radius of 343.86 feet, a central angle of 56°21'00", and a radial line in of South 60°41'57"West and a radial line out of South 62°57'03" East); Thence along a non-tangent curve to the left for an arc length of 426.18 feet (said curve having a radius of 905.54 feet, a central angle of 26°57'56", and a radial line in of South 62°56'23" East and a radial line out of North 89°54'20"West); Thence South 00°05'40"West, a distance of 440.08 feet to a POINT OF TERMINUS, hereafter known as Point "B"; TOGETHER WITH the following described parcel of land: BEGINNIING at said Point "B"; Thence, North 89°54'20"West a distance of 30.00 feet to a point on the west right-of way line of Avenida Vallejo, as currently existing; Thence, along said right-of-way along a non-tangent curve to the left having a radius of 440.84 feet, a central angle of 10°34'11" (the long chord of which bears South 05°11'25" East, a distance of 81.21 feet) with a radial line in of South 89°54'20" East and a radial line out of South 79°31'29"West, for an arc length of 81.33 feet; Stantec • 13 December, 2005 Reference: Canada del Oro Estates Page 3 of 3 Thence, departing said right-of-way North 19°52'29" East a distance of 48.36 feet; Thence, along a tangent curve to the left with a radius of 104.33 feet, through a central angle of 19°46'49" (the chord of which bears North 09°59'05" East, a distance of 35.84 feet) for an arc length of 36.02 feet to the TRUE POINT OF BEGINNING; Said parcel containing an approximate area of 66,245 square feet or 1.521 acres of land, more or less. Prepared on 16 June 2004 Revised on 12 December 2005 Prepared for and on behalf of Stantec Consulting Inc. Prepared by Nathan L. Gardner, RLS Project Number: 85602631-115 LAND dms W:\active185602631\descriptions\ROW vacation_rev.doc . 0,9 O t3.10 ,,�•'''i" 36766 • NATHAN L. GARDNER O • g s'9 n e d 12'! 9,0 �41VA, U.S r NARANJA DRIVE S89'54'33"W 1026.96' --Y ...,. illp POINT OF NE CORNER BEG/NN/NG / SECTION 12 40' / / 111?\ POINT "A" 7' I �i T• ..-,. I _ VV,,,,., •I I r w 7' / " r 1 20• / rr r N r / r'4")I N I 80' IO� I mj rn „� Lu I Jti O rr. n rrt M. T POINT "B' r,. . T f:: I i 4;ii 1 EAST l/ CORNER ' I SECTION 12 uJ rrr - \ A \ ) .,., 0 T ::.:- ';. THIS•iii SKETCH IS FOR EXHIBIT PURPOSES ONLY AND DOES NOT Deember 2005 CONSTITUTE A PROPERTY BOUNDARY SURVEY. 85602631-115 Client/Project Stantec Consulting RIVERS EDGE/CDO 017:''''''''' 201 North Bonita Ave AVENIDA VALLEJO `; t..�;Y, Tucson AZ U.S.A. ,.„ spy Figure No. 85745-29991.0 �'* TeL 520.750.7474 Title "'` Stantec Fax. 520.750.7470 Description Exhibit www.stantec.com Proposed Road Abandonment , Stantec Consulting Inc. p .201 North Bonita Avenue Suite 101 Tucson AZ 85745-2999 Tel:(520)750-7474 Fax:(520)750-7470 stantec.com { .. . z rq s ^- •_-":—/ --;,, 1,„ki-4. .„..,44,,,,,, ---.6 '',-- Stantec Description of a Lot Line Adjustment for Lot 8, N Block 1 of CANADA DEL ORO ESTATES (Portion to be Dedicated as a Part of the Right of Way for Avenida Vallejo) DESCRIPTION of a parcel of land located in the Northeast Quarter of Section 12, Township 12 South, Range 13 East, Gila & Salt River Meridian, Pima County Arizona. Said parcel being a portion of Lot 8, Block 1, as dedicated per the plat of CANADA DEL ORO ESTATES, as recorded in Book 12 of Maps and Plats, Page 15, Pima County Records, Pima County, Arizona. Said parcel being more fully described as follows: Commencing at the Southeast corner of said Lot 8; Thence South 89°43'28" West along the South line of said Lot 8, a distance of 249.32 feet to a point of intersection with the Easterly right of way of Avenida Vallejo, being also the Westerly line of said lot; Thence North along said right of way, along a non-tangent curve from which a radial line bears South 71°30'09" West a distance of 393.86 feet to the center, through a central angle of 10°49'36" a distance of 74.42 feet; Thence continuing along said right of way North 29°29'30" East, a distance of 23.81 feet to the TRUE POINT OF BEGINNING; Thence continuing along said right of way North 29°29'30" East, a distance of 26.16 feet; Thence continuing along said right of way along a tangent curve to the right, with a radius of 25.00 feet, through a central angle of 85°29'40" (the chord of which bears North 13°15'20" East, a distance of 33.94 feet) for an arc length of 37.30 feet, to a point on the Southerly right of way of Avenida Vallejo Cul-de-Sac; Thence continuing along said right of way North 56°00'10" East a distance of 28.80 feet to a point of intersection with a non-tangent curve from which a radial line bears South 79°50'10"West a distance of 62.00 feet to the center; Thence departing said right of way along said curve to the Southwest, through a central angle of 54°15'22" a distance of 58.71 feet; Stantec Thence along a tangent curve to the left, with a radius of 15.00 feet, through a central angle of 73°35'02" (the chord of which bears South 07°18'01" West, a distance of 17.97 feet) for an arc length of 19.26 feet, to the TRUE POINT OF BEGINNING. Said parcel containing an approximate area of 1301 square feet or 0.030 acres of land, more or less. Prepared on 5 August, 2004 Prepared for and on behalf of Stantec ConsultingInc. ��' �� i - p /` �� Prepared by David M. Seese, RLS 35545 �� ,� F I C4 Project Number: 85602631-115 J (c'(c.' 355 0 0 D 45 tsl W:\active\85602631\descriptionsWve_vallejo_add_row2.doc I DAV/0 D I. SFESE o� J 9: Sone d0 4 i pI14, lJ. P .. • „„ . , , . 5 6 CANADA DEL ORO ESTATES BK.12 M&P, PG.15 oty P\IC/ 'OC, /5 ) C)\\/ \ -332 \ a y -\cz_ 8 `....... o / \ \ POINT OF \ BEGINNING &r.r,.,_. , \ WA. ) ,...„4. \ SOUTHEAST , . SCALE: CORNER LOT 8 1 /NCH=60 FEET I THIS SKETCH IS FOR EXHIBIT PURPOSES ONLY MID DOES NOT August 2004 CpNSiTME A PROPERTY BOUNDARY SURVEY. 85602631-115 Client/Project Stantec Consulting JOE MARTINEZ WT 201 North Bonita Ave RIVERS EDGE/CDO • .'�';;:>:::; Tucson AZ U.S.A. Figure No. •r.:�s ••H.::::. 85745-2999 1.0 Exhibit �'~� "" Tel. 520.750.7474 rtie Stafltec Fax. 520.750.7470 Lot Line Adjustment - Lot 8 www.stantec.com Right of Way Dedication Stantec'Consulting Inc. 201 North Bonita Avenue Suite 101 Tucson AZ 85745-2999 Tel:(520)750-7474 Fax:(520)750-7470 stantec.com ttr ' Att• Stantec Description of a Lot Line Adjustment for Lot 5, Block 1 of CANADA DEL ORO ESTATES (Portion to be Dedicated as a Part of the Right of Way for Avenida Vallejo) DESCRIPTION of a parcel of land located in the Northeast Quarter of Section 12, Township 12 South, Range 13 East, Gila & Salt River Meridian, Pima County Arizona. M Said parcel being a portion of Lot 5, Block 1, as dedicated per the plat of CANADA DEL ORO ESTATES, as recorded in Book 12 of Maps and Plats, Page 15, Pima County Records, Pima County, Arizona. Said parcel being more fully described as follows: Commencing at the Northeast corner of said Lot 5; Thence South 82°33'48" West along the North line of said Lot, a distance of 246.11 feet to a point of intersection with the Easterly right of way of Avenida Vallejo, being also the Westerly line of said lot; Thence South along said right of way, along a non-tangent curve from which a radial line bears North 89°59'32" East a distance of 510.75 feet to the center, through a central angle of 29°30'00" a distance of 262.97 feet; Thence continuing along said right of way South 29°29'30" East, a distance of 6.54 feet to a point of intersection with a non-tangent curve from which a radial line bears South 23°13'52" East a distance of 62.00 feet to the center, said point being the TRUE POINT OF BEGINNING; Thence departing said right of way along said curve to the Southeast, through a central angle of 55°30'27" a distance of 60.06 feet to a point on the North right of way of Avenida Vallejo Cul-de-Sac; Thence continuing along said right of way South 56°00'10" West a distance of 20.96 feet; Thence continuing along said right of way along a tangent curve to the right, with a radius of 25.00 feet, through a central angle of 94°30'20" (the chord of which bears North 76°44'40" West, a distance of 36.72 feet) for an arc length of 41.24 feet, to a point on the Easterly right of way of Avenida Vallejo; Stantec Thence continuing along said right of way North 29°29'30" West a distance of 9.03 feet to the TRUE POINT OF BEGINNING. Said parcel containing an approximate area of 980 square feet or 0.023 acres of land, more or less. Prepared on 5 August, 2004 Wil►,= Prepared for and on behalf of Stantec Consulting Inc. /�/, .J':• /� Prepared by David M. Seese, RLS 35545 �� �c� q J Pro ect Number: 85602631-115 �� z CC () 35545 0 tsIW:\active185602631\descriptions\Ave_vallejo_add_rowl.doc DAVID M. SEESE gas 1� . ane N4, u.9 I NORTHEAST CORNER LOT 5 CANADA DEL ORO ESTATES I BK.12 M&P, PG.15 5 6 , . POINT of BEGINNING c,/es \\ 7 4/ �p,�i'PG� CZ‘l�i �G 8 .111‘7 ,....:,./4;,,, c-ci , _37. SCALE.• \ .., 1 /NCH=60 FEET o THIS SKETCH IS FOR D(HIBfT PURPOSES ONLY AND DOES NOT July 2004 CONSfTME A PROPERLY BOUNDARY SURVEY. 85602631-115 Client/Project Stantec Consulting JOE MARTINEZ 44,3.:•?.... 201 North Bonita Ave RIVERS EDGE/CDO Tucson AZ U.S.A. �r -�; Figure No. ..lr. 85745-2999 1.0 Exhibit "''`,,::"' Tel. 520.750.7474 Title StaflteC Fax. 520.750.7470 Lot Line Adjustment - Lot 5 www.stantec.com Right of Way Dedication } • , ,��12131��� O l stantec _c�m Transmittal �� ,� .,„. i'• „ . s ,,,,G �'�:I: : , �\ zAirmN4 -- will11'110,/ Stantec Consulting Inc. �. �� 201 North Bonita Avenue Suite 101 M Tucson AZ 85745-2999c� _Tel: (520) 750-7474 Fax: (520)750-7470 tilut3 � e. ccr Stantec To: Craig Civalier W 2. Thompson, PE -a-eau:n-4;7 Company: Town of Oro Valley 0 or Your Information Address: 11000 N. La Canada Dr. 0 For Your Approval Oro Valley, AZ 85737 El For Your Review Phone: 229-4880 0 As Requested Date: January 12, 2006 File: 185622880-153 Delivery: US Mail Reference: Rivers Edge, Lots 70-102 and Common Areas "A" & "B" and Canada del Oro Estates, Lots 5, 6, 8, 11, 14, 17, 20, 21, 23, and 27 and Avenida Vallejo Improvement Plans OV 12-95-14 Attached is one (1) copy of the Slope Easement legals for Lots 27, 21, 24, 5, 6 and 8, CDO Estates. If you have any questions, please contact our office. STANTEC CONSULTING INC. gi si,i ,, 4,,,,pi Warren D. Thompson, PE Senior Associate, Urban Land f.... Tel: 520-750-7474 Fax: 520-750-7470 wthompson@stantec.com rbh w:\active\185622880\correspondence\trn_civalier_slope easement Iegals.doc 1 r Stantec Consulting Inc. 201 North Bonita Avenue Suite 101 Tucson AZ 85745-2999 Tel:(520)750-7474 Fax:(520)750-7470 stantec.com 4 �'j ak .'�1t t R' t�T Stantec Description of an Easement for Grading DESCRIPTION of an easement for grading, across portions of Lots 20, 21, 23 and 24 of Canada Del Oro Estates, Block 1, as recorded in Book 12 of Maps and Plats, Page 15 in the office of the Pima County Recorder, being located in Section 12, Township 12 South, Range 13 East, Gila and Salt River Meridian, Pima County, Arizona. Said easement being more fully described as follows: 1 BEGINNING at a point on the northerly right-of-way of a cul-de-sac on Avenida Vallejo, said point also lying on the common boundary between said Lots 20 and 21; , �, Thence, following said right-of-way in a westerly direction, along a curve to the left having a radius of 50.00 feet, a central angle of 27°27'34" (the chord of which bears North 65°37'48"West, a distance of 23.73 feet) with a radial line in of South 38°05'59"West and a radial line out of North 10°38'25" East, for an arc length of 23.96 feet; Thence, departing said right-of-way along a radial line, North 10°38'25" East a distance of 10.00 feet; Thence, along a non-tangent curve to the right, offset 10 feet from and parallel to said right-of-way, said curve having a radius of 60.00 feet, a central angle of 170°25'01" (the chord of which bears South 05°50'56"West, a distance of 119.58 feet) with a radial line in of South 10°38'25" West and a radial line out of South 01°03'26"West, for an arc length of 178.46 feet; Thence, along a radial line, North 01°03'26" East a distance of 10.00 feet, to a point on said right-of-way; Iii Stantec 9 January, 2006 Reference: Rivers Edge/CDO grading easement Page 2 of 2 said right-of-way in an easterly direction along a non-tangent curve to Thence, following g Y f which the left having a radius of 50.00 feet, a central angle of 142°57'27" (the chord o bears North 19°34'43" East, a distance of 94.82 feet) with a radial line in of North 01°03'26" East and a radial line out of North 38°05'59" East, for an arc length of 124.75 feet to the TRUE POINT OF BEGINNING. Said easement containing an 'nin approximate area of 1,636 square feet or 0.038 acres of pp land, more or less. Disclaimer: Stantec Consultingaccepts no liability for this description if it has been modified or reformatted in anyway from its original format and content, or used for any purpose other than that for which it was originally intended. Prepared on 1/9/2006 Prepared for and on behalf of Stantec Consulting Inc. Prepared by David M. Seese, RLS ;4? �mber: 856026 5Project Nu 55DAVD M.EES . 9,Q 143 `S''5stad� p. �pMA� u•5 V:\52856\active\85602631\Iots\slope_esmt-1.doc I 1 17 18 20 ••, 21 Point of �---r - Beginning //yam 24 23 27 " THIS SKETCH IS FOR EXHIBIT PURPOSES ONLY AND DOES NOT December 2005 CONSTITUTE A PROPERTY BOUNDARY SURVEY. 85602631 Client/Project ,, Stantec Consulting CANADA DEL ORO ESTATES 201 North Bonita Ave LOTS 20, 21," 23 AND 24 Tucson AZ U.S.A. Norip. �:�� 85745-2999Figure No. yr ���. ., 1.0 Tel. 520.750.7474 Title StanteC Fax. 520.750.7470 Description Exhibit www.stantec.com Grading Easement • • Stantec Consulting Inc. 201 North Bonita Avenue Suite 101 Tucson AZ 85745-2999 Tel:(520)750-7474 Fax:(520)750-7470 stantee.com 41:i7 Stantec Description of an Easement for Grading DESCRIPTION of an easement for grading, across portions of Lots 5, 6, and 8 of Canada Del Oro Estates, Block 1, as recorded in Book 12 of Maps and Plats, Page 15 in the office of the Pima County Recorder, being located in Section 12, Township 12 South, Range 13 East, Gila and Salt River Meridian, Pima County, Arizona. Said easement being more fully described as follows: BEGINNING at a point on the northerly right-of-way of a cul-de-sac on Avenida Vallejo, . said point also lying on the common boundary between said Lots 5 and 6; Thence, following said right-of-way in a westerly direction, along a curve to the left having a radius of 50.00 feet, a central angle of 75°35'08" (the chord of which bears South 52°22'47"West, a distance of 61.28 feet) with a radial line in of South 00°10'21"West and a radial line out of North 75°24'47"West, for an arc length of 65.96 feet; Thence, continuing along said right-of-way, along a reverse curve to the right with a radius of 50.00 feet, through a central angle of 41°24'35" (the chord of which bears South 35°17'30"West, a distance of 35.36 feet) for an arc length of 36.14 feet; Thence, departing said right-of-way along a radial line, North 34°00'12" West a distance p g of 6.00 feet; Thence, along a non-tangent curve to the left, offset 6 feet from and parallel to said right- of-way, said curve having a radius of 44.00 feet, a central angle of 41°24'35" (the chord of which bears North 35°17'30" East, a distance of 31.11 feet) with a radial line in of North 34°00'12"West and a radial line out of South 75°24'47" East, for an arc length of 31.80 feet; Thence, continuing parallel to said right-of-way, along a reverse curve to the right with a radius of 56.00 feet, through a central angle of 75°35'11" (the chord of which bears North 52°22'48" East, a distance of 68.64 feet) for an arc length of 73.88 feet, to a point on the common boundary between said Lots 5 and 6; "id• 1 Stantec 9 January, 2006 Reference: Rivers Edge/CDO slope easement Page 2 of 2 Thence, along said boundary, North 00°10'46" East a distance of 21.00 feet; Thence, departing said boundary, along a non-tangent curve to the right, offset 27 feet from and parallel to said right-of-way, said curve having a radius of 77.00 feet, a central angle of 187°13'53" (the chord of which bears South 03°47'26" West, a distance of 153.69 feet) with a radial line in of South 00°10'30" West and a radial line out of South 07°24'22"West, for an arc length of 251.62 feet; Thence, continuing parallel to said right-of-way, along a reverse curve to the left with a radius of 23.00 feet, through a central angle of 41°24'35" (the chord of which bears South 76°42'05"West, a distance of 16.26 feet) for an arc length of 16.62 feet; Thence, along a radial line, North 34°00'12"West a distance of 27.00 feet to a point on said right-of-way; Thence, following said right-of-way, along a non-tangent curve to the right having a radius of 50.00 feet, a central angle of 41°24'35" (the long chord of which bears North 76°42'05" East, a distance of 35.36 feet) with a radial line in of South 34°00'12" East and a radial line out of North 07°24'22" East, for an arc length of 36.14 feet; • Thence, continuing along said right-of-way, along a reverse curve to the left with a radius of 50.00 feet, through a central angle of 187°14'01" (the chord of which bears North 03°47'22" East, a distance of 99.80 feet) for an arc length of 163.39 feet to the TRUE POINT OF BEGINNING. Said easement containing an approximate area of 6,938 square feet or 0.159 acres of land, more or less. Disclaimer: Stantec Consulting accepts no liability for this description if it has been modified or reformatted in any way from its original format and content, or used for any purpose other than that for which it was originally intended. Prepared on 1/9/2006 ----I-7 � .„s i Prepared for and on behalf of Stantec Consulting Inc. L c;. 1 2 Prepared by David M. Seese, RLS � ccc,;` 3554,E o 0 DAVID M. Project Number: 85602631 S.EEsE Tyr sin®d oA/A,. U.g P V:\52856\active\85602631\Iots\slope_esmt_2.doc 1 . \ ',NOP, 7 2 3 \ , 7 5 6 A' 1 \ , . \ \-5'2. i 1 9 cs-\ jPoint of 2 \ o Beginning _ / 7 / sv0 _, \<" ,-,-; 8 .., :_: .,. , \ .: ,.,..L I : \u 1.1 11 _ ',fix-,_ if 7, ,, . T, • ,.. ,f, THIS SKETC IS FOR(EXHIBIT P iRPOSES ONLY AND DOES NOT December 2005 C NSTITUTE PROPER BOUNDARY SURVEY. 85602631 71 Client/Project Stantec Consulting CANADA DEL ORO ESTATES ',:;;$, ar :ti. 201 North Bonita Ave LOTS 5, 6 AND 8 . ;' �kr . Tucson AZ U.S.A.E'' ,,,,,A, Figure No. 85745-2999 1.0 >.3.,-: Tel. 520.750.7474 Title Stantec Fax. 520.750.7470Description ExhibitGrading Easement www.stantec.com I • ID • • Stantec Consulting Inc. 201 North Bonita Avenue Suite 101 Tucson AZ 85745-2999 Tel:(520)750-7474 Fax:(520)750-7470 stantec.com if f�• '`�Y e ei ;740 z!It1A L.AL�' • Stantec Description of an Easement for Grading DESCRIPTION of an easement for grading, across portions of Lots 23, and 27 of Canada Del Oro Estates, Block 1, as recorded in Book 12 of Maps and Plats, Page 15 in the office of the Pima County Recorder, being located in Section 12, Township 12 South, Range 13 East, Gila and Salt River Meridian, Pima County, Arizona. Said easement being more fully described as follows: BEGINNING at the Southwest corner of said Lot 27; Thence, following the easterly right-of-way of Avenida Vallejo in a northerly direction, along a curve to the left having a radius of 328.49 feet, a central angle of 08°13'46" (the chord of which bears North 22°27'27"West, a distance of 47.14 feet) with a radial line in of South 71°39'27"West and a radial line out of North 63°25'40" East, for an arc length of 47.18 feet; Thence, continuing along said right-of-way, along a reverse curve to the right with a radius of 360.84 feet, through a central angle of 26°40'00" (the chord of which bears North 13°14'20" West, a distance of 166.43 feet) for an arc length of 167.94 feet; Thence, continuing along said right-of-way, North 00°05'40" East a distance of 152.28 feet; Thence, continuing along said right-of-way, along a tangent curve to the right with a radius of 25.00 feet, through a central angle of 78°30'00" (the chord of which bears North 39°20'40" East, a distance of 31.64 feet) for an arc length of 34.25 feet; Thence, departing said right-of-way along a radial line, South 11°24'20" East a distance of 8.00 feet; Thence, along a non-tangent curve to the left, offset 8 feet from and parallel to said right- of-way, said curve having a radius of 17.00 feet, a central angle of 78°30'00" (the chord of which bears South 39°20'40" West, a distance of 21.51 feet) with a radial line in of South 11°24'20" East and a radial line out of North 89°54'20" West, for an arc length of i• ,Stance 9 January, 2006 Reference: Page 2 of 2 23.29 feet; Thence, continuing parallel to said right-of-way, South 00°05'40" West a distance of a g 152.28 feet; Thence, continuing parallel to said right-of-way, along a tangent curve to the left with a 352.84 feet, through a central angle of 08°34'27" (the chord of which bears radius of g South 04°1133 East, a distance of 52.75 feet) for an arc length of 52.80 feet to a point , on the common boundary between said Lots 23 and 27; Thence, alongsaid boundary, North 89°45'05" East a distance of 4.55 feet; Thence, departing said boundary, along a non-tangent curve to the left offset 12.50 feet right-of-way, said curve having a radius of 348.34 feet, a central from and parallel to said g y, angle of 18°30'19" the chord of which bears South 17°50'22" East, a distance of 112.02 feet) with a radial line in of North 81°24'48" East and a radial line out of South 62°54'29"West, for an arc length of 112.51 feet; Thence, along a line parallel to and offset 46 feet northerly from the south boundary of said Lot 27, South 87°03'52" East a distance of 324.41 feet, to a point on the East boundary of said lot; Thence, South 232 ° 4'57" East a distance of 51.33 feet, to the Southeast corner of said lot; ounda of said lot, North 87°03'52"West a distance of 339.43 Thence, along the south b ry feet to the TRUE POINT OF BEGINNING. Said easement containing an in approximate area of 18,835 square feet or 0.432 acres of pp land, more or less. Disclaimer: Stantec Consultingaccepts no liability for this description if it has been modified or wa reformatted in anyfrom its original format and content, or used for any Y purpose other than that for which it was originally intended. Prepared on 1/9/2006 /4.70 �� • Prepared for17 and on behalf of Stantec Consulting Inc. r0- . � Prepared by David M. Seese, RLS 35545 O c‘lo Project Number: 85602631 DAt/D �, SEE,sE o\,1) V:\52856\active\8560263111ots1slope_esrnt_3.doc ONA u S. • 17 18 20 21 24 23 411 0 0 1 � 1 ,. 27 ,„, Point of Begin n in g THIS SKETCH 1S FOR EXHIBIT PURPOSES ONLY AND DOES NOT December 2005 CONSTITUTE A PROPERTY BOUNDARY SURVEY. 85602631 Client/Project Stantec Consulting CANADA DEL ORO ESTATES �,.. 201 North Bonito Ave LOTS 23 AND 27 e • ` Tucson AZ U.S.A. Figure No. 85745-2999 1.0 Tel. 520.750.7474 Title StariteC Fax. 520.750.7470 Description Exhibit www.stantec.com Grading Easement RESOLTUION (R) 06- CLARIFICATION •EXHIBIT for LEGEND RIGHT-OF-WAY EXCHANGE , _______________ ^,',e Portion of Right-of-Way New ROW granted to the New ROW being Traffic flow pattern being vacated to the Town of Oro Valley for the dedicated to the Town of through subdivision Rivers Edge/Canada Del purpose of installation of Oro Valley through the connecting Lambert Lane Oro HOA for the purposes traffic calming facilities- recordation of the Rivers to Naranja Drive of drainage facility Roundabout in Edge/Canada Del Oro installation intersection Estates final plat OV12-03-18 „-- 80' I ■ &Eli 40' Remaining 40ft wide portion of ROW shall be utilized for I MI � 6 future pedestrian and utility IIIVPaccess corridor.No streets 1111 �l shall be constructed within 0 N‘ W /, 8this portion of ROW Illik 8 4 „ 4 115 ,., 111 RI CI n � lirtai III IIII to 1111 IIII \ I y :: - 80' 111 imilla sre-X Ilir �-moi 4111 -A"'" � 14, „„im IIIII ki 7-1 I SO Illir III TOWN OF ORO VALLEY L COUNCIL COMMUNICATION MEETING DATE: SEPTEMBER 6, 2006 TO: HONORABLE MAYOR& COUNCIL FROM: Brent Sinclair, AICP, Community Development Director SUBJECT: MEMORANDUM OF UNDERSTANDING WITH ORO VALLEY HISTORICAL SOCIETY SUMMARY: The Oro Valley Historical Society was formed as a 501(C)(3) organization to promote and preserve history in Oro Valley. While the Society shares common goals with the Town and its Commissions, it exists separate and independent from Town government. Members of the Society approached the Town to consider approval of a Memorandum of Understanding designed to clarify its role and interaction with the Town. SUGGESTED MOTION: I move to approve the Memorandum of Understanding with the Oro Valley Historical Society. 774 v Community Development Director Town Manager Attachment: 1. Memorandum of Understanding MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE TOWN OF ORO VALLEY AND THE ORO VALLEY HISTORICAL SOCIETY and the Oro ValleyHistorical Society ("Society") The Town of Oro Valley ("Town") , thepreservation of and education regarding the Town's both appreciate the importance of will provide • intend to enter into future contracts whereby Society history. To that end, the parties n historical information. collection services related to the , preservation, and dissemination of Tow p In order to provide a framework for those future contracts, the parties hereby understand and agree to the following: 1) To identify historic sites, buildings,buildin s, artifacts and other materials that are pertinent to the history of the Town. 2) To develop programs for the preservation, management and interpretation of historic sites, buildings, artifacts and other materials. regarding 3) To develop educational programsg g the history of the Town and surrounding area. ' opportunities whereby the Society will solicit and 4) To explore fundraising own for the development collect funds to be used and management of T sponsored historic sites and educational programs. 5) To negotiate and enter into future agreements for the development, interpretation and in of historic sites,buildings, artifacts and other materials wherebySociety the will provide the overall management services after appropriate agreements have been reached. p �' p 6) other historical data now in the possession of That all materials, artifacts and the Societyin the future, shall be the the Society, and all material acquired by ' Likewise, anyartifacts and other historical property of the Society. ert of or acquired by the Town shall be the property material now in the possessionq of the Town. or operating agency of the Town. That the 7) That the Society is not a departmentp g • will continue to exist as such, separate Societyis a 501(c)(3) organization and and apart from the Town. da DATED thisy of , 2006. � Town of Oro Valley Oro Valley Historical Society TOWN OF ORO VALLEY 3 COUNCIL COMMUNICATION MEETING DATE: September 6, 2006 TO: HONORABLE MAYOR & COUNCIL FROM: Stacey Lemos, Finance Director SUBJECT: PUBLIC HEARING #1 — Regarding Implementation of a Local Sales Tax on Utility Services, Which Include Electricity, Natural Gas and Water SUMMARY: On August 2, 2006, the Town Council met in a regular session to review and discuss the consideration and possible implementation of a 4% local sales tax on utility services to include electricity, natural gas and water service. The purpose of tonight's meeting is to hold the first public hearing regarding this issue. No action by the Town Council is to be taken this evening. The second public hearing and possible ordinance adoption is scheduled for September 20, 2006. If the ordinance is adopted on that date, it will become effective on January 1, 2007. BACKGROUND: Exhibit A attached shows a detailed timetable highlighting the history of the Town Council's past consideration and discussion of the 4% utility sales tax. Discussions commenced in March of 2005 when the Town's Capital Improvement Plan Technical Advisory Committee (CIPTAC) recommended to the Council that additional funding sources be pursued for CIP projects due to a lack of funding available in the General Fund. Subsequently, over a five-month period, from April through August of 2005, various citizen advisory groups worked with Town staff to evaluate a number of revenue options to recommend to the Council. Ultimately, a 4% utility sales tax on electricity, natural gas and water services was unanimously recommended by the advisory groups, but was voted down by the Council in October of 2005. During the FY 2006/07 budget preparation process, significant reductions had to be made to the departmental budget requests in order to balance the Town Manager's Recommended Budget that was delivered to the Town Council in April, 2006. These cuts consisted of eliminating all new position requests, reductions to operation and maintenance items and funding a reduced level of CIP projects out of the General Fund cash reserves. Recognizing the need to maintain or improve existing service levels in various departments, the Mayor and Council adopted the FY 2006/07 Tentative Budget on June 21, 2006 to include placeholders for 18.5 new positions to be contingent upon the adoption of a utility sales tax prior to September 30, 2006 or identification of other recurring revenue that may be used. The cost to add the 18.5 positions is approximately $1.2 million to the General Fund (please see attached Exhibit B). ( xisting recurring revenues are not sufficient to support these added recurring expenditures. G:\STACEY\Council Communic\Utility Sales Tax 9-6-06mtg.DOC TOWN OF ORO VALLEY COUNCIL COMMUNICATION PAGE 2 of 4 While the full revenue impact from the new commercial centers under development in Town will not likely be realized until at least FY 2008/09, depending on their construction progress, a utility tax would serve as a more immediate source of recurring revenue and would also further diversify the Town's revenue base as we face declines in one-time construction-related revenues. Exhibit C, State and Local Utility Service Sales Tax Rates by City, shows that the Town of Oro Valley is one of only 6 other communities (Tombstone, Miami, Winkelman, Quartzsite, Taylor, Oro Valley) in the State that does not currently tax utility services. Of those 6 communities that do not tax utilities, Oro Valley is, by far, the largest. FISCAL IMPACT: To the Town General Fund Last year, it was estimated that the 4% utility sales tax on water, electricity and natural gas would generate approximately $1.9 million. Recent information from Tucson Electric Power, Southwest Gas and the Oro Valley Water Utility has resulted in a more current annual revenue estimate of $2.1 million as detailed below: Electricity $1,347,000 Natural Gas 352,000 Water 426,000 TOTAL $2,125,000 To Town Residents The cost impact per household would vary based on consumption, however, it is estimated that the average total monthly cost per household would be approximately $7.48. This estimate is based on an average electric/gas bill of $150 per month and an average water bill of$37 per month. JUSTIFICATION: A number of factors lead to the consideration of a 4% utility tax as follows: 1. Insufficient recurring General Fund revenues to support 18.5 new positions The full year fiscal impact to hire and equip the 18.5 new positions that were identified in the motion to approve the Tentative Budget as shown in Exhibit B is $1.2 million. There are not sufficient recurring revenues in the General Fund to pay for these added positions. Exhibit D, General Fund 5-Year Forecast, shows that if these new positions were to be added without an offsetting revenue source, the Town would deplete its existing fund balance (cash reserves) in four (4) years. In addition to the cost of these new positions, G:\STACEY\Council Communic\Utility Sales Tax 9-6-06mtg.DOC TOWN OF ORO VALLEY COUNCIL COMMUNICATION PAGE 3 of 4 the justification and public benefit aspects of these added positions are also shown in Exhibit B. The Police Chief, Parks and Recreation Director, Town Engineer, Transit Administrator and Finance Director will present further details during this agenda item presentation as to the public benefits to be derived from adding these new positions. 2. Lack of diverse funding sources and over-reliance on one-time construction related revenues For years, the Town has relied on significant one-time construction related revenues (residential and commercial building permit fees and construction sales taxes) to provide funding for General Fund operations. For instance, in FY 2005/06, one-time construction related revenues totaled $5.5 million in the General Fund, or 22% of total General Fund revenues. Similarly, in FY 2004/05, one-time construction related revenues totaled $4.8 million, or 23% of total General Fund revenues. Diversification of our revenue stream and seeking additional, sustainable revenue sources that are not subject to cyclical or economic fluctuations would serve to further stabilize the General Fund as the construction activities in Town further decline. 3. Threats to State-Shared Revenues - 10% reduction in State Income Tax— Town held harmless until FY 2008/09 State shared revenue was impacted during the 2006 Legislative session with the enactment of a phased in 10% personal income tax cut. Oro Valley will not see the impact of the reduced tax base until FY 2008/09. Currently, the Town's budget for state shared income tax is $4,230,000, so a 10% reduction in today's dollars would equate to a $423,000 loss in General Fund revenue. This is a significant loss and equates to the cost of hiring, training and equipping approximately four (4) police officers for one year. 4. Need to establish alternative funding source for Capital Improvement Plan (CIP) For the past two (2) fiscal years, the Town's Capital Improvement Plan Technical Advisory Committee (CIPTAC) has recommended that the Mayor and Council identify additional funding sources for the Town's CIP needs. The CIPTAC is comprised of Town Board and Commission members, members of the public, a member of the Town Council, and Town staff. During the CIP process, the maintenance and replacement of existing Town assets must compete for funding with new construction or purchase requests. If the Town had the capability to set aside even a portion of its total depreciation expense each year (approximately $2 million) into an asset maintenance and replacement fund, the Town would have a dedicated funding source to address the maintenance and replacement needs of its existing assets first and foremost. 5. Bond rating report comments The Town has been fortunate to receive strong bond ratings on all of its past bond issuances. The bond rating is often the single most important factor affecting the interest costs that the Town pays on its bonds. Each year, the bond rating agencies, such as G:\STACEY\Council Communic\Utility Sales Tax 9-6-06mtg.DOC TOWN OF ORO VALLEY COUNCIL COMMUNICATION PAGE 4 of 4 Standard and Poor's and Fitch, perform a bond rating review on all of our outstanding bond issues. Part of this review includes a financial review and analysis of the revenues that fund Town operations. Repeatedly, these bond rating reports cite the Town's structural imbalance between recurring General Fund revenues and expenditures and over-reliance on construction-related revenues as weaknesses in the Town's financial structure. Implementing a stable, sustainable revenue source, such as a utility tax, would serve to strengthen this financial structure, and perhaps, improve our bond ratings further. SUNSET CLAUSE: It has been suggested by some Council Members and the Finance and Bond Committee that if the utility tax were adopted that it be revisited every few years as new commercial retail centers are developed and potential annexation plans are realized to determine the continuing need of the utility tax. The Council may wish to add this type of provision to the ordinance language under consideration. A copy of the draft ordinance amending the Town's Tax Code is attached for your review. SUGGESTED MOTION: None required. A second public hearing with possible action by the Council is scheduled for September 20, 2006. ATTACHMENTS: 1. Ordinance No. (0) 06- Implementing a Local Sales Tax on Utility Services 2. Exhibit A— Utility Tax Background - Timeline 3. Exhibit B —Annual Cost of 18.5 New Positions Table With Public Benefits 4. Exhibit C — State and Local Utility Service Sales Tax Rates Table 5. Exhibit D — General Fund 5-Year Forecast and Assumptions J % 1i iglas Sfacey LerTK Finance Di for ,402, r,e_vi, David L. Andrews Town Manager G:\STACEY\Council Communic\Utility Sales Tax 9-6-06mtg.DOC 111 ,42 ORDINANCE NO. (0) 06 - AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA AMENDING THE TAX CODE OF THE TOWN OF ORO VALLEY, ARTICLE IV, CHAPTER 8A, SECTION 480, RELATING TO THE UTILITY SERVICES TAX RATE AND REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH; PRESERVING THE RIGHTS AND DUTIES THAT HAVE ALREADY MATURED AND PROCEEDINGS THAT HAVE ALREADY BEGUN THEREUNDER. WHEREAS, Arizona cities and towns have the authority to levy taxes under ARS § 9- 240(B)(26); and WHEREAS, on July 13, 1988, the Town of Oro Valley adopted the Model City Tax Code ("Code")pursuant to Arizona law; and WHEREAS, amendments to the Code are required to be made in accordance with ARS § 42- 6054; and WHEREAS, on December 4, 2002, the Mayor and Town Council (the "Council") directed the Oro Valley Budget and Bond Committee (the "Committee") to develop a proposed Town Revenue Plan ("Plan"); and WHEREAS, in a joint Study Session between the Council and the Committee held on March 24, 2003, the Committee presented an initial draft of the Plan to Council; and WHEREAS, in a further joint Study Session between the Council and the Committee held on August 18, 2003, the Council directed the Committee to develop a prioritized list of local sales and use taxes for future Council consideration based on the Plan; and WHEREAS, at the meeting of September 9, 2003, the Committee developed a prioritized list of local sales and use taxes for future Council consideration based on the Plan; and WHEREAS, the Committee held meetings on September 29, 2003, January 7, 2004, January 26, 2004, April 26, 2004, March 21, 2005, April 25, 2005 and May 23, 2005 in an effort to refine the prioritized list; and WHEREAS, the Committee re-recommended on May 31, 2006 that the Town Council implement a sales tax on utility services to provide funding for public safety staffingand other critical staffing needs of the Town; recreation needs at the Naranja Town Site; and to mitigate current and future drawdowns on the General Fund's fund balance; WHEREAS, it is in the best interest of the Town that the Council adopt the recommendations of the Committee by instituting taxes for utility services. NOW, THEREFORE, BE IT ORDAINED by the Mayor and the Council of the Town of Oro law Valley, Arizona that the certain document, known as "The Tax Code of the Town of Oro Valle , Valley, Arizona," is hereby amended as follows: G:\COUNCIL\Ordinance\UtilityTax Code Amendmentdoc Office of the Oro Valley Town Attorney/CIA 061405 4i N. SECTION 1. Section 8A-480 (a) of the Tax Code of the Town of Oro Valley is amended as follows, with additions being shown in ALL CAPS and deletions being shown in Strikeout text: (a) The tax rate shall be at an amount equal to zero FOUR percent (0 4%) of the gross income from the business activity upon every person engaging or continuing in the business of producing, providing, or furnishing utility services, including electricity, electric lights, current, power, gas (natural or artificial), or water to: SECTION 2. Amend the Town of Oro Valley Tax Code, adopting Local Option #GG, Tax municipal utility services to out-of-City customers where such service is not subject to an "equivalent excise tax". Replace Section 8-480(a)(2) (Reserved) with the following: (2) consumers or ratepayers of this City, whether within the City or without, to the extent that this City provides such persons utility services, excluding consumers or ratepayers who are residents of another city or town which levies an equivalent excise tax upon this City for providing such utility services to such persons. SECTION 3. Pursuant to ARS § 41-1346, the Town shall maintain efficient record management for local public records and it has been determined that this Ordinance is a public record with three copies of said Ordinance to remain on file in the office of the Town Clerk. SECTION 4. All Oro Valley Ordinances, Resolutions, or Motions and parts of Ordinances, Resolutions, or Motions of the Council in conflict with the provisions of this Ordinance are hereby repealed. SECTION 5. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. SECTION 6. This Ordinance shall not be effective until January 1, 2007, so that the Arizona Department of Revenue will have time to process and implement the terms of this Ordinance. PASSED AND ADOPTED by Mayor and Town Council, the Town of Oro Valley, Arizona, this day of , 2006. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Melinda Garrahan, Town Attorney G:\COUNCIL\Ordinance\Utilit}Tax Code Amendmentdoc Office of the Oro Valley Town Attorney/CIA 061405 EXHIBIT A UTILITY TAX BACKGROUND — TIMELINE • March 2005 — Recommendation to the Town Council from the Capital Improvement Plan Technical Advisory Committee (CIPTAC) to pursue additional funding sources for CIP • April 2005 — Council directs Town's Finance and Bond Committee (FBC) to evaluate and recommend taxing/funding options for Town Council consideration in order to address CIP funding shortages and future budget deficits in the General Fund. • April 2005 — Members of Economic Development Think Tank recommend and support enacting a 4% utility sales tax • April 2005 — August 2005 — FBC discusses and analyzes the need for utility tax, amount of revenue to be generated, and possible earmarking of revenue to recommend to Council. • August 2005 — October 2005 —Town Council conducts public hearings to hear public opinions on 4% utility tax • October 5, 2005 — Town Council denies adoption of Ordinance 05-34 implementing a 4% sales tax on utility services. • March, 2006 — Initial FY 2006/07 budget requests exceed budgeted revenues in the General Fund by $3.5 million. No recurring General Funds are available for CIP Projects. • April — June, 2006 —Town Manager's FY 2006/07 Recommended budget is prepared and presented to Town Council with no new positions, O&M cuts, and reduced level of CIP funded out of General Fund cash reserves due to the lack of sufficient recurring revenues to fund recurring expenditures. • May, 2006 — Finance and Bond Committee re-recommends support for 4% utility tax to the Town Council. • June 21, 2006 —Town Council adopts tentative FY 2006/07 budget, which includes 18.5 new positions contingent upon the adoption of a 4% utility sales tax by September 30, 2006 or identification of other recurring revenues that may be used. • June, 2006 —The Town's CIP Technical Advisory Committee again recommends additional funding sources for the CIP, and recommends against future use of cash reserves for CIP. 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State and Local Utility Service Sales Tax Rates by City April,2006 County County -0 :� as - 'a ca a ca To Cities by County State ; v = City Total Rate Cities by County State, "CI `; , v = City Total Rate Apache County Queen Creek 5.60 - 0.50 0.20 - - 2.00 8.30 Eagar 5.60 0.50 - - - - 3.00 9.10 Scottsdale 5.60 - 0.50 0.20 - - 1.65 7.95 St.Johns 5.60 0.50 - - - - 2.00 8.10 Surprise 5.60 - 0.50 0.20 - - 2.20 8.50 Springerville 5.60 0.50 - - - - 3.00 9.10 Tempe 5.60 - 0.50 0.20 - - 1.80 8.10 Cochise County Tolleson 5.60 - 0.50 0.20 - - 2.00 8.30 Benson 5.60 0.50 - - - - 2.50 8.60 Wickenburg 5.60 - 0.50 0.20 - - 1.70 8.00 Bisbee 5.60 0.50 - - - - 2.50 8.60 Youngtown 5.60 - 0.50 0.20 - - 2.00 8.30 Douglas 5.60 0.50 - - - - 2.50 8.60 Mohave County Huachuca City 5.60 0.50 - - - - 1.50 7.60 Bullhead City 5.60 0.25 - - - - 2.00 7.85 Sierra Vista 5.60 0.50 - , - - - 2.00 8.10 Colorado City 5.60 0.25 - - - - 2.00 7.85 Tombstone , 5.60 0.50 - - , - - ' 0.0-61 6.10 Kingman 5.60 0.25 - - - - 2.00 7.85 Willcox 5.60 0.50 - - - - 3.00 9.10 Lake Havasu City 5.60 0.25 - - - - 2.00 7.85 Coconino County Navajo County Flagstaff 5.60 0.50 - 0.30 0.125 - 1.601 8.126 Holbrook 5.60 0.50 - - - - 3.00 9.10 Fredonia 5.60 0.50 - 0.30 0.125 - 2.00 8.53 Pinetop-Lakeside 5.60 0.50 - - - - 2.50 8.60 Page 5.60 0.50 - 0.30 0.125 - 3.00 9.53 Show Low 5.60 0.50 - - - - 2.00 8.10 Sedona 5.60 0.50 - 0.30 0.125 - 3.00 9.53 Snowflake 5.60 0.50 - - - - 2.00 - 8.10 Williams 5.60 0.50 - 0.30 0.125 - 3.00 9.53 Taylor 5.60 0.50 - - , - , - 0.00 6.10 Gila County Winslow 5.60 0.50 - - - - 3.00 9.10 Globe 5.60 0.50 0.50 - - - 2.00 8.60 Pima County Hayden 5.60 0.50 0.50 - - - 3.00 9.60 Marana 5.60 - - - - - 4.50 10.10 Miami 5.60 0.50 0.50 - - - 1 0.00( 6.60 Oro Valley 5.60 _ - - _ - . - - 0.00 5.60 Payson 5.60 0.50 0.50 - - - 2.12 8.72 Sahuarita 5.60 - - - - - 2.00 7.60 o Star Valley 5.60 0.50 0.50 - - - 2.00 8.60 South Tucson 5.60 - - - - - 2.50 8.10 Winkelman 5.60 0.50, 0.50 - - - 0.00 6.60 Tucson 5.60 - - - - - 2.00 7.60 Graham County Pinal County Pima 5.60 0.50 - - - - 2.00 8.10 Apache Junction 5.60 0.50 0.50 - - - 3.20 9.80 Safford 5.60 0.50 - - - - 2.50 8.60 Casa Grande 5.60 0.50 0.50 - - - 2.00 8.60 Thatcher 5.60 0.50 - - - - 2.00 8.10 Coolidge 5.60 0.50 0.50 - - - 3.00 9.60 Greenlee County Eloy 5.60 0.50 0.50 - - - 3.00 9.60 Clifton 5.60 0.50 - - - - 3.00 9.10 Florence 5.60 0.50 0.50 - - - 2.00 8.60 Duncan 5.60 0.50 - - - - 2.00 8.10 Kearny 5.60 0.50 0.50 - - - 2.00 8.60 La Paz County Mammoth 5.60 0.50 0.50 - - - 2.00 8.60 Parker 5.60 0.50 - 0.50 - - 3.00 9.60 Maricopa 5.60 0.50 0.50 - - - 2.00 8.60 Quartzsite 5.60 0.50 - 0.50 - - 0.00 , 6.60 Superior 5.60 0.50 0.50 - - - 2.00 8.60 Maricopa County Winkelman 5.60 0.50 0.50 - - - 0.00 6.60 Apache Junction 5.60 - 0.50 0.20 - - 3.20 9.50 Santa Cruz County Avondale 5.60 - 0.50 0.20 - - 2.50 8.80 Nogales 5.60 0.50 - - - - 2.00 8.10 Buckeye 5.60 - 0.50 0.20 - - 2.00 8.30 Patagonia 5.60 0.50 - - - - 3.00 9.10 Carefree 5.60 - 0.50 0.20 - - 3.00 9.30 Yavapai County Cave Creek 5.60 - 0.50 0.20 - - 3.00 9.30 Camp Verde 5.60 0.50 - 0.25 - - 2.00 8.35 Chandler 5.60 - 0.50 0.20 - - 2.75 9.05 Chino Valley 5.60 0.50 - 0.25 - - 3.00 9.35 El Mirage 5.60 - 0.50 0.20 - - 3.00 9.30 Clarkdale 5.60 0.50 - 0.25 - - 2.25 8.60 Fountain Hills 5.60 - 0.50 0.20 - - 2.60 8.90 Cottonwood 5.60 0.50 - 0.25 - - 1.00 7.35 Gila Bend 5.60 - 0.50 0.20 - - 3.00 9.30 Dewey-Humboldt 5.60 0.50 - 0.25 - - 2.00 8.35 Gilbert 5.60 - 0.50 0.20 - - 1.50 7.80 Jerome 5.60 0.50 - 0.25 - - 3.00 9.35 Glendale 5.60 - 0.50 0.20 - - 1.80 8.10 Prescott 5.60 0.50 - 0.25 - - 2.00 8.35 Goodyear 5.60 - 0.50 0.20 - - 2.00 8.30 Prescott Valley 5.60 0.50 - 0.25 - - 2.33 8.68 Guadalupe 5.60 - 0.50 0.20 - - 3.00 9.30 Sedona 5.60 0.50 - 0.25 - - 3.00 9.35 Litchfield Park 5.60 - 0.50 0.20 - - 2.00 8.30 Yuma County Mesa 5.60 - 0.50 0.20 - - 1.50 7.80 San Luis 5.60 0.50 - 0.50 0.50 0.10 3.50 10.70 Paradise Valley 5.60 - 0.50 0.20 - - 1.65 7.95 Somerton 5.60 0.50 - 0.50 0.50 0.10 2.50 9.70 Peoria 5.60 - 0.50 0.20 - - 3.30 9.60 Wellton 5.60 0.50 - 0.50 0.50 0.10 2.50 9.70 Phoenix 5.60 - 0.50 0.20 - - 2.70 9.00 Yuma 5.60 0.50 - 0.50 0.50 0.10 1.70 8.90 "Utility Service"means the producing,providing,or furnishing of electricity,electric lights,current,power,gas(natural or artificial),or water to consumers or ratepayers unless otherwise specified. 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'�+..!'!M! �•.v. , ..:..^SC9lG�Klryw vvC?n� S'4����:`4s� +?Ci t::Y.. rY� wwuuwwn++wMn..w_»+, 5 Year Population estimates based on Pima Association of Governments population projections FY 2006/07 budget used as baseline for revenues and expenditures (less Utility Tax revenue) ___N., _ , r ,_ _� b Information on phases, size and timing of new retail centers gathered from Planning &Zoning, Econ :Development and Community Development _._ _..,..._____ Revenues _ _ _ H _ k £State Income Tax decreases 10%starting FY 09/10 ___ _, �„_ . ,,. _ b [Inflation factored at 3% year over year _,_„ ,..,,�_, M.,� ... . 1==>i Reflects 5% increase in sales annually _ �� !existing Sales projections for new retail centers obtained by comparing known and potential businesses to 14' Oro Valley businesses bfor newgrowth' - .. 16% sales growth factored in retail centers based on historical growpatterns _� I E 1Includes new retail center developments to be phased in over next 5 years � µ � i E `Assumes retail sales tax revenue from new commercial centers as follows: r FY 07/08 -$1.7 million 1 FY 08/09-$3.6 million FY 09/10 - $4.2 million FY 10/11 -$5.7 million FY 11/12 -$6.1 million .. .... .. ._...M,.r.�_H�._ µ _ t Residential buildingpermits held constant @ 400 permits/year for 3 yrs and dropping to 300 permits � h thereafter. _ _ f b}FY 06/07 revenues exclude $1.2 million utility sales tax revenues Mw Expenditures —� -µ. .� wA - �_ � �� bPersonnel: _ ...�... ._ A _......._ of FY 06/07 expenditures include 18.5 proposed new positons w i oTotal FTE's required based on per capita averages — Assumes a standard of 2.5 Police officers per 1,000 Town population (4 positions added in 2007 to reflect thislad standard _____________i os Includes 3% COLA, 3.5% Merit and 5% benefits increase annually � v�_�.„ � _ �x� _� i o Assumes 26.5 FTE's to be added in the next 5 years (17.5 in Police Dept) based on future per capita estimates b iOperations &Maintenance: _ ____M _ Naranja Townsite costs excluded from forecast ____ p Municipal Operations Center costs excluded from forecast_____________ p i 3% cost inflation factored in annually p;Factored in leasing of office space for additional personnel at a cost of$25/ft b Capital Outlay • _ ot_Capital Improvement Projects per adopted CIP document FY 06/07 -2010/11 0 G:\BUDGET ANALYST\5 YR Forecast\FY 2006-2012 G.F. 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'•_ c il 73 C w cl cn a) so (I) sa) L._ 8 .713 r-a) CU cu "i1E' --F-, c c --,--7, C PP a) (� ft CD "cT5 0 c --I a) > 0 = (1) E ..0 a) E 0 O O L � cn '— E -t "A= Q. y--- as E '— E lc— U — (D IZ0 5, C 2-5 E mi-.5 T -� to VI (/) 0 CD U Ci) O 0 n � IV pcnlbA cu •— •(.7) 73 a) 0 O CO I CO �-' CD1:3 Q g a. �+- cn ii) (13 cn Fii a) A L A L c cu cu I (i) ..5 CU A mc mt N 14 O M -- V t% v M � �� L .. CO 63 In tA Cu 4%m th k) wCa :ce..-.-_ -- 44 .9 •_ (f) CO U o - e 0SI--,, n ,,,* 4.fr . , C o_ a °- o � 9 o (1) -- co o_ p_ (/) 71.- 0 o U __ 0 e ' a 4 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: September 6, 2006 TO: HONORABLE MAYOR & COUNCIL FROM: Roxana Garrity, Deputy Town Clerk SUBJECT: PUBLIC HEARING — APPROVAL OF APPLICATION FOR A PERSON AND LOCATION TRANSFER OF A SERIES 06 (BAR) LIQUOR LICENSE FOR FAMOUS SAMS #17 LOCATED AT 8058 N. ORACLE ROAD SUMMARY: An application for a Person and Location Transfer, Series 06 (Bar) Liquor License for Mark L. Rhude and principal, A. Lauren Rhude, has been submitted for Famous Sams #17 located at 8058 N. Oracle Road. In accordance with Section 4-201 of the Arizona Revised Statutes, the application was posted for 20 days commencing July 25, 2006 on the premises of the applicants' property. No protests were received during that time. Chief Sharp has conducted a background investigation on the applicant(s). He has found no derogatory information on the applicant(s); therefore, he has no objections to the approval of the Person and Location Transfer of the Series 06 Liquor License. -ERIES 06 LIQUOR LICENSE DESCRIPTION: Bar: The purpose of a Series 06 Liquor License is to allow a Par retailer to sell and serve spirituous liquors, primarily by individual portions to be consumed on the premises and in the original container for consumption on or off the premises. A Series 06 Liquor License is a QUOTA LICENSE which means there are no "new" Series 06 licenses available. It must be purchased privately and the price is based on availability in the county. Once a Series 06 has been purchased, the buyer must apply for a transfer to have the license put in his or her name, at the same or another location.) ATTACHMENTS: 1. Memorandum from Police Department 2. Liquor License Application 3. License Description from Arizona Department of Liquor Licenses SUGGESTED MOTION: I move to recommend approval of the request by Mark Rhude and Lauren Rhude for a Person and Location Transfer to the Arizona State Liquor Board for a Series 06 Liquor License at Famous Sams #17 located at 8058 N. Oracle Road. 644,,,(i)4Department Head an.0., (44 Town Manager s; PLLEY f O't 04F 11000 N. La Canada Dr. x X Oro Valley, Arizona 85737 Phone (520) 229-4900 FAX (520) - F 797 261 DANIEL G. SHARP, Chief of Police www.ovpd.org ,s- 777 a 14b NDE D1 ORO VALLEY POLICE DEPARTMENT "INTEGRITY, PRIDE, EXCELLENCE" TO: Kathryn Cuvelier FROM: Nk Daniel G. Sharp 7Z, RE: Background Investigation, Application for Liquor License Famous Sams #17 8058 N. Oracle Road On August 22, 2006, the Oro Valley Police Department completed the standard background check on Famous Sams #17 Agent Mark L. Rhude and principal Albert L. Rhude. The Oro Valley Police Department has no objection for the issuance of a liquor license to Famous Sams #17 at 8058 N. Oracle Road. ARIZONA DEPARTMENT OF LIQUOR LICENSES & cc N : .:K _==- 800 W Washington 5th Floor 400 W Congress #521 g Phoenix AZ 85007-2934 Tucson AZ 85701-1352 (602) 542-5141 . :1 !;,: 314 (520) 628-6595 APPLICATION FOR LIQUOR LICENSE -If! 2fl3cp : -_ TYPE OR PRINT WITH BLACK INK Notice: Effective Nov.1,1997,All Owners,Agents,Partners,Stockholders,Officers,or Managers actively involved in the day to day operations of the business must attend a Department approved liquor law training course or provide proof of attendance within the last five years. See page 5 of the Liquor Licensing requirements. SECTION 1 This application is for a: SECTION 2 Type of ownership: (N. L..l / a INTERIM PERMIT Complete Section 5 0 J.T.W.R.O.S. Complete Section 6 ."\C P\pi / 0 NEW LICENSE Complete Sections 2, 3,4, 13, 14, 15, 16, 17 0 INDIVIDUAL Complete Section 6 U.‘ -r SPERSON TRANSFER(Bars & Liquor Stores ONLY) CI PARTNERSHIP Complete Section 6 Complete Sections 2, 3,4, 11, 13, 15, 16, 17 M CORPORATION Complete Section 7 i PA LOCATION TRANSFER (Bars and Liquor Stores ONLY) LIMITED LIABILITY CO. Complete Section 7 Complete Sections 2, 3, 4, 12, 13, 15, 16, 17 0 CLUB Complete Section 8 In PROBATE/WILL ASSIGNMENT/DIVORCE DECREE 0 GOVERNMENT Complete Section 10 Complete Sections 2, 3, 4, 9, 13, 15, 17(fee not required) 0 TRUST Complete Section 6 ® GOVERNMENT Complete Sections 2, 3, 4, 10, 13, 15, 16, 17 0 OTHER Explain SECTION 3 Type of license and fees: LICENSE#: Ocic0 ill Department Use Only 1. Type of License: 2.Total fees attached: APPLICATION FEE AND INTERIM PERMIT FEES (IF APPLICABLE) ARE NOT REF NDABLE. A service fee of$25.00 will be charged for all dishonored checks (A.R.S. 44.685 ,., v. SECTION 4 Applicant: (All applicants must complete this section) 1 \()PP ' gr.- LAU Name. nns U' l (19- A H-0 9 E EJ ) 1.Applicant/Agent's `"1 (Insert one name ONLY to appear on license) Last A First fi C.,) e ./Partnershi IL.L.C.. ill � A'K I�' 2. Corp p (Exactly as it appears on Articles of I c.or Articles of Org.) C (ike33 3. Business Name. ,. (- �• � C (Exactly as it appears on the exterior of premise ) 4. Business Address. ro. . I 4 Lel) i 4 . A A) . anctE . , (Do not use PO Box Number) City COUNTY Zip 5. Business Phone: A) <5-731 - (-N-C9Residence Phone: ( ir-,-, 7. Mailing Address: _____CjI211 g, Is A . ► t► IS , ,. City State Zip npaid for a 06, 07, or 09 license: $ 3(___ OCC (Price of License ONLY) 8. Enter the amount � DEPARTMENT USE ONLY 0 Accepted by: • . Date: rl 4LOLic. # (7)4, i 1O f_ 1 I t 0 'u ?I 9\al.) Fees: �' $ Application Interim Permit Agent Change Club F. Prints TOTAL PROCESSING APPLICATIONS TAKES APPROXIMATELY 90 DAYS,AND CIRCUMSTANCES OFTEN RESULT IN A LONGER WAITING PERIOD. YOU ARE CAUTIONED REGARDING PLANS FOR A GRAND OPENING,ETC.,BEFORE FINAL APPROVAL AND ISSUANCE OF THE LICENSE. LIC 0100 05/2004 *Disabled individuals requiring special accommodation, please call (602) 542-9027. 1 I ADLLC: Arizona Department of Liquor Licenses & Control Page 1 of 3 w N 0 P Arizona arnent . Liquor Licenses. control c.'i, ,, ':S „ ,,, NEWS FLASH NEW RULES RENEWALS ONLINE FORMS License Types: Series 06 Bar { 1 i License • ..::..,....,,,v,,,,.‘„,,...,,,,,YYYYV.,..1,,'..:6YYiY•,v,v.YYiv.;;..;:piiiii::.. • Transferable (From person to person and/or location to '; location within the same countyonly) Striving . ee .;,..u.anuoaxYW:w6oagooa,::w:urw.S.r....<: On & off-sale retail privileges �.: Arizona ill, :...... ::...-: ..:.:.:.: .......::.:....::.. Renewals Note: Terms in BOLD CAPITALS are defined in thelossar . Y • _. PURPOSE: 45:111.:::,*: s • ,, • _.._ .. ... .. .- Allows a bar retailer to sell and serve spirituous liquors, _; Training primarily by individual portions, to be consumed on the premises and in the original container for consumption on a or off the premises. Lees Betula orr n Information Director. .• •• ADDITIONAL RIGHTS AND RESPONSIBILITIES: el . , Laws ,Stop Underage A retailer with off-sale privileges may deliver spirituous I liquor off of the licensed premises in connection with a .iV . µ%, retail sale. Payment must be made no later than the time , . M.:vYYA • of DELIVERY. The retailer must complete a Department ------ approved "Record of Delivery"form for each spirituous 1 QueryJACOB'S STORY liquor retail delivery. (.PDF) Comments On any original applications, new managers and/or the COMMERCIAL CLIP • person responsible for the day-to-day operations must (5MB .Mov) • attend a basic and management training class. .w.:..... ...x:............. w..:............ . "MY PROM PROMISE" A licensee acting as a RETAIL AGENT, authorized to purchase and accept delivery of spirituous liquor by other (.Doc) licensees, must receive a certificate of registration from theDepartment. :„,...,!!!?!!:•„,.NNf_...CKCULMi•Yttti?F-4K<44 v,....{!ifvY:.K4Citi ii i A PREGNANCY WARNING SIGN for pregnant women FAQ'S consuming spirituous liquor must be posted within twenty (20)feet of the cash register or behind the bar. OVERVIEW OF THE A log must be kept by the licensee of all persons LICENSING PROCESS employed at the premises including each employee's name, date and place of birth, address and GLOSSARY OF responsibilities. TERMS ilbb Off-sale ("To Go") package sales of spirituous liquor can LICENSING FORMS http://www.azl1.com/lic06.htm 07/24/2006 AL)LLC: .Arizona Department of Liquor Licenses & Control Page 2 of 3 be made on the bar premises as long as the area of off- sale operation does not utilize a separate entrance and exit from the ones provided for the bar. A hotel or motel with a Series 06 license may sell spirituous liquor in sealed containers in individual portions to its registered guests at any time by means of a minibar located in the guest rooms of registered guests. The registered guest must be at least twenty-one (21) years of age. Access to the minibar is by a key or magnetic card device and not furnished to a guest between the hours of 2:00 a.m. and 6:00 a.m. Monday through Saturday and 2:00 a.m. and 10:00 a.m. on Sundays. Bar, beer and wine bar, and restaurant licensees must pay an annual SURCHARGE of$20.00. The money collected from these licensees will be used by the Department for an auditor to review compliance by restaurants with the restaurant licensing provisions of ARS 4-205.02. AVERAGE APPROVAL TIME: Sixty-five (65) to one- hundred five (105)days. PERIOD OF ISSUANCE: One (1)year with option to renew. FEES: This is a QUOTA LICENSE, which means there are no "new" Series 06 licenses available. It must be purchased privately and the price is based on availability in the county. Once a Series 06 has been purchased, the buyer must apply for a transfer to have the license put in his or her name, at the same or another location. Non-refundable person (ownership)transfer fee: $100.00 Non-refundable location transfer fee: $100.00 Fingerprint fee per card: Contact Department Interim Permit fee (not allowed on location transfer): $100.00 Upon approval: Final fees for a person (ownership)transfer: $300.00 Final fees for a location transfer: $100.00 Final fees for a person/location transfer: $400.00 Annual renewal fee (includes SURCHARGE): $250.00 ARIZONA STATUTES AND REGULATIONS: ARS 4-119, 4-201, 4-202, 4-203, 4-206.01, 4-207, 4- 207.01, 4-209(B)(6), 4-209(D)(6), 4-209(J), 4-222, 4-261; Rule R19-1-206, R19-1-214. http://www.azll.com/lic06.htm 07/24/2006 • 5 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: September 6, 2006 TO: HONORABLE MAYOR & COUNCIL FROM: Paul B. Keesler, P.E., Development Review Division Manager SUBJECT: ORDINANCE (0) 06- 14 REPEALING ORDINANCE (0) 04-23 AND AUTHORIZING THE EXCHANGE OF APPROXIMATELY 4.12 ACRES OF TOWN OWNED PROPERTY, LYING WITHIN PIMA COUNTY PARCEL # 219-51-001A, FOR APPROXIMATELY 3.52 ACRES OF PROPERTY HELD BY FIDELITY NATIONAL TITLE TRUST NO. 60,217, LYING WITHIN PIMA COUNTY PARCEL # 219-49-0040. SUMMARY: The original ordinance authorizing this land exchange, Ordinance (0) 04-23, g was passed by the Council on July 21, 2004. However, it was discovered that the parcel numbers listed in (0) 04-23 had been reversed, thus necessitating a repeal and replacement with an ordinance that correctly identifies the parcels to be exchanged. The two parcels of land are "substantially equal" in value as required by statute and the exchange is necessary to complete the planned extension of La Canada Drive from Tangerine Road to Moore Road. The Town does not need the parcel currently in its possession to complete the road construction, and does require the parcel held by Fidelity National Title. ATTACHMENTS: Ordinance (0) 06-14 Ordinance (0) 04-23, legal descriptions of the parcels in question, Clarification exhibit E. FISCAL IMPACT: There is no fiscal impact as the two parcels are of substantially equal value. SUGGESTED MOTION: The Council may wish to consider one of the following motions: I move to approve ORDINANCE (o) 06 - 14 OR I move to deny ORDINANCE Col 06 - 14 TOWN OF ORO VALLEY COUNCIL COMMUNICATION aul Keesler, Development Review Division Manager a )['ke./?/L- Craig Civ ier Town Engineer 6:64441 aAtzl.,1, David Andrews Town Manager r o � i la 4€ a) CM CD To 40 0 N Uce N U .V IL' > C .c 0 0 a) W Cl- m O- "'ifs v � o as 73 ‘.' IT 17; 46 0 > O C L 0 a< .11.... a, C C O C Ua ° O -� 1_' O O ODUcu N 0 % (� O a) O o as O in '+- „, OO - }, OOwJ fa > Z �-- ttil N Q.tet' m i2.`�" O 4-- -� 0 r _c 1-- 00 = f-- O0 C p O ♦., W �:0 a)hil co gici. Q) A �.. 0 O. a) ':': L Z M N a. Z M N � O.� LL IIIIIM ±---\---\ , Pollen411 Q 9 I i fillik 1 I lh 4 41 1‘Wt#4* LoU \ WIL tO X • Sr co a la a. 111111.11 v C rolit Z ... .............mmili uir ti . a) W U 4 .. o or c O Z U t w C v c, 0 4 u_imil iz in' .st 2p LZ Imal PA d H- N °b W - 'ci 4 a) c75 J 0 0 .-co 0 a z a -v rt J 0 U .... I I _ I ORDINANCE NO. (0) 06 - 14 AN ORDINANCE OF THE TOWN OF ORO VALLEY,ARIZONA REPEALING ORDINANCE 0 04-23 AND AUTHORIZING AND APPROVING THE TOWN OF ORO VALLEY TO EXCHANGE APPROXIMATELY 4.12 ACRES OF TOWN OWNED PROPERTY, LYING WITHIN PIMA COUNTY PARCEL # 219-51- 001A, FOR APPROXIMATELY 3.52 ACRES OF PROPERTY HELD BY FIDELITY NATIONAL TITLE TRUST NO. 60,217, LYING WITHIN PIMA COUNTY PARCEL # 219-49-0040, LOCATED ALONG THE PROPOSED ROUTE OF THE LA CANADA DRIVE EXTENSION BETWEEN TANGERINE AND MOORE ROADS, TO FACILITATE ROADWAY CONSTRUCTION. WHEREAS, on July 21, 2004, the Council did approve Ordinance No. (0) 04-23, which authorized and approved an exchange of property of substantially equal value; and WHEREAS, theP arcel numbers included in Ordinance No. (0) 04-23 were incorrect in describing the land in question; and WHEREAS, the Council has determined to repeal Ordinance No. (0) 04-23 and adopt the current ordinance which contains the correct parcel numbers; and WHEREAS, the Town of Oro Valley is a political subdivision of the State of Arizona, and is vested with all the privileges,,rights, and benefits, which entitles the Town to immunities and g . . exemptionsgranted to a political subdivision under the Constitution as well as the laws of the p State of Arizona and the United States; and WHEREAS, pursuant to ARS § 9-407, the Town may exchange properties of "substantially equal value"; and WHEREAS, the approximately 4.12 acres of Town owned property lying within Pima County Parcel # 219-51-001 A (See Exhibit "A" attached hereto), and the approximately 3.52 acres of ro held byFidelityNational Title Trust No. 60,217, lying within Pima County Parcel # property 219-49-0040 (See Exhibit "B" attached hereto), lie in the same general area of the Town and are of"substantially equal value"; and WHEREAS, notice of intent to exchange property was published in accordance with ARS 39- 204; and WHEREAS, the Town of Oro Valley requires the 3.52 acres of property held by Fidelity National Title Trust No. 60,217, lying within Pima County Parcel # 219-49-0040 for the construction of the La Canada Drive extension; and WHEREAS, the Town of Oro Valley does not require the 4.12 acres of property held by the Town and lying within Pima County Parcel# 219-51-001A for the construction of the La Canada Y g Drive Extension; and ORD to Approve Property Exchange Office of the Oro Valley Town Attorney WHEREAS, it is in the best interest of the Town to authorize and approve the exchange of approximately 4.12 acres of Town owned property lying within Pima County Parcel# 219-51- 001A, for approximately 3.52 acres of property held by Fidelity National Title Trust No. 60,217, lying within Pima County Parcel# 219-49-0040, located along the proposed route of the La Canada Drive extension between Tangerine and Moore Roads, to facilitate roadway construction. NOW, THEREFORE, BE IT ORDAINED by the Mayor and the Council of the Town of Oro Valley, Arizona as follows: Section 1: That Ordinance No. (0) 04-23 is hereby repealed. Section 2: The exchange of approximately 4.12 acres of Town owned property lying within Pima County Parcel# 219-51-001A, for approximately 3.52 acres of property held by Fidelity National Title Trust No. 60,217, lying within Pima County Parcel#219-49-0040, located along the proposed route of the La Canada Drive extension between Tangerine and Moore Roads, to facilitate roadway construction is hereby approved. Section 3: The exchange transaction of approximately 4.12 acres of Town owned property lying within Pima County Parcel # 219-51-001A, for approximately 3.52 acres of property held by Fidelity National Title Trust No. 60,217, lying within Pima County Parcel # 219-49-0040, shall be placed in escrow with a title company selected by the Town with all escrow costs and fees to be paid by the Town. Section 4: All Oro Valley ordinances, resolutions, or motions and parts of ordinances, resolutions, or motions of the Council in conflict with the provisions of this ordinance are hereby repealed. Section 5: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. BE IT FURTHER ORDAINED that the Mayor and any other administrative officials o f the Town of Oro Valley are hereby authorized to take such steps as are necessary to implement the exchange of approximately 4.12 acres of Town owned property lying within Pima County Parcel # 219-51-001A, for approximately 3.52 acres of property held by Fidelity National Title Trust No. 60,217, lying within Pima County Parcel# 219-49-0040. law ORD to Approve Property Exchange Office of the Oro Valley Town Attorney PASSED AND ADOPTED byMayor and Town Council, the Town of Oro Valley, Arizona, this 6TH day of SEPTEMBER , 2006. TOWN OF ORO VALLEY ATTEST: Paul H. Loomis, Mayor Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Melinda Garrahan, Town Attorney ORD to Approve Property Exchange Office of the Oro Valley Town Attorney • EXHIBIT "A" Description of Town Owned Property • Nib ORD to Approve Property Exchange Office of the Oro Valley Town Attorney r EXHIBIT A CE1 Catalina Engineering, Inc Transportation • Environmental • Civil January 20, 2004 WesterlyPortion Docket 11240 at page 1806 • The Town of Oro Valley • ' 11240 at page 1806, records of .the County . thatparcel of land described in Docket P g A portion of . located within the northwest one-quarter of the southwest one-quarter Recorder, Pima County, Arizona, . Pima CountyArizona, .- 1 South, Range 13, Gila and Salt River Meridian, of Section 35,.Township 1 g 13,IGila . - .. .. ... � � . �•. �.. - described as follows: �- . parcel described in Docket 11240 at page 1806, thence n at the northwest corner of said p . Beginning north line of said parcel a distance of 558.89 feet to a point; N89° 20' 30 E along the distance of 508.62 feet to the beginning of a tangent curve concave to thence South 41°42'38" West, a the southeast; having thence southwesterly and southerly along said curve a radius of 834.20 feet and a central angle of "Y2°52'19", an arc distance of 333.01 feet to a point on the south line of said parcel described in Docket 11240 at page 1806; thence South 89°21'18"18" West, along the south line of said parcel described in Docket 11240 at page 1806, a distance of 47.32 feet to the southwest corner of said parcel; the west line of said parcel described in Docket 11240 at page thence North 00°33'07" West, along 1806, a distance of 659.52 feet to the Point of Beginning. Ai / 1 , a/ic -„,„., 404,4„ hyr(- .TFti 1- o t(). lar 27246 • 0 f C."; cc i R.L. \ID LAWRENCE, •1 , ,, z , -9R'Z v 5 ' ONA ad Suite 140 • Tucson, Arizona 85704 180 W. Magee Ro , (520) 544-4067 • Fax (520) 544-9616 email: catengrs@catalinaengineering.com )VWest.doc J un 10 ;04' 04: 53f; Catalina Engineering, Inc 520-544-9616 EXHIBIT A r- 4-T--------T—e 1 \ .. . . • i .... i ..! I 1 1 \\\ - , 4 ):., 4 fle:30/JrerlareJ 7t -- ouI:AarPvb 4I > t 1 1j73M �ls1�Q S , 1 _q• -\ / i/ )( -------N- ' i - -----' "g ----- \ Ott li Pp rem ' t .` N 17 i / '\,z ,' :%1 \ . \\,, ' N !i .4, . ti i * • oma, �' ,\ '� ` ,., - � l , L / t_____,__WI Itz. Q --• / Z • 1 1 • A S 179, Q. ,�-_r--� ' • 11, 8 0 ih" § q i i 1 .:N \ ' 7/1 i x \ . N.,., 1 1----1 ..! 1 / / N ' V --u, . 'OrEit- it A h;1 N i ' / / N;'/i/. \\ I C. ft.IF S litar—Ej --, : ) \:‘ ,_________t____-_,c-t____ ac i \ // ` 7 \ / `. I I - Q . ., 2 /N, ..) \\ . • • $ ; I i pti � AS./ / 0' •/ N R/W r If. - ct e:4'4 / NV -,, N - q •j ! � Z--.. 11 "Vi e*./1.-Z / J �� , �t /4+,,,, / Toe()of rJro Vdl.�i b "'-- �. 1.173 ViA - ' w s�aist,Rd �-• ti j 219-51-COIA .__r.— I at 1J2�Pb/1846 t \\ / f ,/,( 1 it i , \`\ !-, 4 ti ia i / n .,. , A , /( ---.... . ______._—--..______ —.:_,-. Alt- .____A , __- .. _____/_-_,„._ --____„. ___.,,_...-- --_____--_--b--- _..,.._._-. .....r,p ! f 7 1, / . I . iii,c i 1..! 1 y ., I 1 i / • TEA_ 47.32 • iI ! t T o 'n of Or•i; Va!ie/, ArizonaP�ru� i Sp � Public Works� � CE! nl 0�+ , fir;,Tent of W yr k o��w,�: -'L __. U' esterIy � _ --REF s' CV 30-00/01_�^�, 5c. l��• PARCFL NO. 2 � 9 � � OO I A PARCEL r�• PLAN tl S-`004-00 ICip. G '.u70..t•=fe••at?.LC c(r!v‘:b`ZY.:� /W EXHIBIT"B" Fidelity National Title Trust Owned Property 144 • ORD to Approve Property Exchange Office of the Oro Valley Town Attorney EXHIBIT B LEGAL DESCRIPTION SEVERED PARCEL • the SouthwestQuarter of the Northwest Quarter of Sec-tion 35,Township 11 That portion of e 13 East, G. & S. R. M., Pima County,Arizona,described as follows: South,Rang COMMENCING at the Southeast Corner of the Southwest Quarter of the Northwest Quarter of said Section 35; Thence, upon the East-West mid-section line of said Section 35, South 89°19'34" West a distance of 30.00 to the POINT OF BEG G; continuing upon said Fast-West raid-section line, , South 89°19'34"West a distance Thence, con g of 526.15 to the easterly Right-of-Way line of the future La Canada Drive, said point being North 89°19'34"East at a distance of 762.30 feet from the West One-Quarter Corner of said Section 35; o ,, aforementioned Easterly Right-of-Way,ay,North 41 42 38 East a distance of Thence upon the �` radius of feet to apoint on a tangent curve concave to the northwest and having a 617.66 8 835.30 feet; Thence, no rtheyupon said• 191.48 feet Right-ofWay curve, through a central angle of 8'04" the chord of which bears North 35'08'36"East for a distance of 1 91.0 7 feet to a 13°0 point of cusp upon n line 30.00 feet west of the East Line of the aforementioned of the Southwest Quarter of the Northwest Quarter of Section 35; upon u on a line 30.00 feet west of and parallel with said (East)West Line, South 00°29'02"East a distance of 611.16 feet to the POINT OF BEGINNING; Containing 3.520 Acres(153,333 sq. ft.)more or less s‹,ro j\A-Jo • :06.sk • 24530 • • Prepared by ' DAVE A. .. • h1E , David A. Rhine,RLS spio f - AZTEC Land Surveying In lifo.fiVolocr • Page 1 of2 • B EXHIBIT .04211111.4.1111���- aria um \',:� =', . A ■■ Nil • ■ __;,:.s1. ..",.....mor THIS E BIT ,__�,...,,,.�� ■r!! ..--rte-��:�:�__ :;:• - ..--. latillar 1 ,."1.:.• - NM a trop. .,..--S.,at tV 1,0"74***-;$V 1 , 1111111111111Friiii4.4*.*44:7''' s Ihmullon Ii-Jil..:421. 1-4t.t-il LOCATION FLAK 17 IS. Rr�R �� NOTE'= F BEARINGS FOR Tins SuRv Y IS N O0'33'O7"W UPON THE OF so r EAST�OF SECTION ION � � �r SIELP 11 SO UT'S. RANGE 13 EAST, 1 P� COUNTY, ARIZONA. AS SBD WN ON CONSTRUCTION roWN OF ORO VALLEY FOR � D BONA. t ALIGNMENZ, IN.f'O ATTON FOR LA • 2) A DRQ FAB Z'Al' hT I'RO G'f�D BY 1 �SNO�O DRA X0.4 PROD V T �yG a, C. FOR ?' $ II ARIZONA-�1�1V OF OR4 VA.LLg�' - /111/ • b .1 / ..4 a v SQ i 1�e C / 0: ...,0 g g a 13 31.�'�� A 10809 RUS ; . • � / i 1111:„ to; 4 7 � G� 10 // 4 to AT1 p1vA� 8 / FA , ` Zs. BLfrY N 0 pia1-046 ♦ 'cw C 4,1 • ~ CO It gni' 0 4. b� • s- i41t' 446 il. .i. ,4, ,4' 5 Ir. / / .00 s .bl' 9561) Afb if JXD crNirita LAND afPICE BRASS CAPPED PIPS POD sav-2s'4a"ir 1258.4-4 WO / ti N891'�' "� • 84'19 B 1318.44'(Y) S73 1'R AI TelSri/40 OF litr NW 1/4 S SS • r /1" , ' / /1 i r."1*'%.\st J � ¢ '• •, SURVEYORS STATEMENT 0010 IL RNtVE. A REcs�� IN THE STATE OF AR:ZONA, HAVE pRP DOCUMENT FOR E ONLY AND WAS NOT SURVEYED/STAICID ON INE GROUND_ E A. • k i \ 'S-44 •:, , DAVID A fitithE RLS/245.30 ,_szszs" Ba SUR`VE'Y OF Desi•n re/1edEXHIBIT \•<9.----.�. -,r-r-�szrzr LAND 1ANDCk d k _ ,��.. !�"� PORTIONS OF THS WEST 1/2 Drr7. DAR`�`�I �/ AZTEC OF SECTION 35, T15S, R1 BE, Scole:1" .. NTS G 2 5141. PIMA COUNTY. ARIZONA T=�N•� 7103 Sheet 2 of 2 100' 0 , sc�p yx, � ,► :me . S„7 Job No. WV • ORDINANCE NO. (0) 04 - 2 3 AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA AUTHORIZING AND APPROVING THE TOWN OF ORO VALLEY TO EXCHANGE APPROXIMATELY 4.12 ACRES OF TOWN OWNED PROPERTY, LYING WITHIN PIMA COUNTY PARCEL # 219-49-0040, FOR APPROXIMATELY 3.52 ACRES OF PROPERTY HELD BY FIDELITY NATIONAL TITLE TRUST 10809, LYING WITHIN PIMA COUNTY PARCEL # 219-51-001A, LOCATED ALONG THE PROPOSED ROUT OF THE LA CANADA DRIVE EXTENSION BETWEEN TANGERINE AND MOORE ROADS, TO FACILITATE ROADWAY CONSTRUCTION. WHEREAS, the Town of Oro Valley is a political subdivision of the State of Arizona, and is vested with all the rights, privileges, and benefits, which entitles the Town to immunities and ons exem tigranted to a political subdivision under the Constitution as well as the laws of the p State of Arizona and the United States; and WHEREAS, pursuant to ARS § 9-407, the Town may exchange properties of "substantially equal value"; and WHEREAS, the approximately 4.12 acres of Town owned property lying within Pima County Parcel # 219-49-0040 (See Exhibit "A" attached hereto), and the approximately 3.52 acres of propertyby held Fidelity National Title Trust 10809, lying within Pima County Parcel # 219-51- 001 A (See Exhibit "B" attached hereto), lie in the same general area of the Town and are of "substantially equal value"; and WHEREAS, notice of intent to exchange property was published in accordance with ARS 39- 204; and WHEREAS, the Town of Oro Valley requires the 3.52 acres of property held by Fidelity National Title Trust 10809, lying within Pima County Parcel # 219-51-001A for the construction of the La Canada Drive extension; and WHEREAS, the Town of Oro Valley does not require the 4.12 acres of property held by the Town and lying within Pima County Parcel # 219-49-0040 for the construction of the La Canada Drive Extension; and WHEREAS, it is in the best interest of the Town to authorize and approve the exchange of approximately 4.12 acres of Town owned property lying within Pima County Parcel # 219-49- y 0040 for approximately 3.52 acres of property held by Fidelity National Title Trust 10809, lying within Pima CountyParcel# 219-51-001 A, located along the proposed route of the La Canada Drive extension between Tangerine and Moore Roads, to facilitate roadway construction. NOW, THEREFORE, BE IT ORDAINED by the Mayor and the Council of the Town of Oro Valley, Arizona as follows: ORD to Approve Property Exchange Office of the Oro Valley Town Attorney (0)04-23 p.2 Section 1: The exchanging of approximately roximatel 4.12 acres of Town owned property lying within Pima County Parcel # 219-49-0040, for approximately 3.52 acres of property held by Fidelity • within Pima CountyParcel # 219-51-001 A, located along the National Title Trust 10809, lying proposed rout of the La Canada Drive extension between Tangerine and Moore Roads,to facilitate roadwayconstruction is hereby approved. Section 2: The exchange of approximately 4.12 acres of Town owned property lying within Pima County Parcel # 219-49-0040, fora rw matel 3.52 acres of property held by Fidelity pp Y • within Pima CountyParcel # 219-51-001A, shall be placed in National Title Trust 10809, lying escrow with a title company of the Town's choosingwith all escrow costs and fees to be paid by the Town. • ordinances, resolutions, or motions and parts of ordinances, Section 3: All Oro Valley resolutions, or motions of the Co ordinance in conflict with the provisions of this ordince are hereby repealed. sentence, clause, phrase or portion of this ordinance is for Section 4: If any section, subsection,any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. that the Mayor and any other administrative officials of the BE IT FURTHER ORDAINEDY the Town of Oro Valley are hereby authorized to take such steps as are necessary to implement of Town owned property lying within Pima County Parcel exchange of approximately 4.12 acres P P 1 3.52 acres of property held by Fidelity National Title Trust # 219-49-0040, for approximately P P 10809, lying 1 in within Pima County Parcel # 219-51-001A. PASSED AND ADOPTED by Mayor and Town Council, the Town of Oro Valley, Arizona, this 20 day of July, 2004. TOWN OF ORO VALLEY ATTEST: Paul H. Loomis, Mayor 4.4414.AL �r • Kat I E. Cuvelier, Town Clerk Exhibits A and B are on file for public APPROVED AS TO FORM: review in the Office of the Town Clerk of Oro Valley located at 11,000 N. La Canada, between the hours of 8:00 & 5:00, Monday thru Friday. Mark J. Langlit =''orneY PUBLISH: DAILY TERRITORIAL JULY 29, 30, AUGUST 2, 3, 2004 :4•:•�.. POSTED: JULY 27 - AUGUST 26, 2004 RG Office of the Oro Valley Town Attorney ORD to Approve Property Exchange . EXHIBIT A ECatalina Inc. __________ - %fig— Transportation • Environmental • Civil January 20, 2004 Westerly Portion Docket 11240 at page 1806 The Town of Oro Valley A portion of that parcel of land described in Docket 11240 at page 1806, records of the County . Recorder, Pima County, Arizona, located within the northwest one-quarter of the southwest one-quarter of Section 35, Township. 1 1 South, Range 13,, Gila and Salt River Meridian, Pima County Arizona, • described as follows: ". . . . . . - Beginning at the northwest corner of said parcel described in Docket 11240 at page 1806, thence N89°20' 30"E along the north line of said parcel a distance of 558.89 feet to a point; thence South 41°42'38" West, a distance of 508.62 feet to the beginning of a tangent curve concave to the southeast; thence southwesterly and southerly along said curve having a radius of 834.20 feet and a central angle of ")2°52'19", an arc distance of 333.01 feet to a point on the south line of said parcel described in Docket 11240 at page 1806; th -.e South 89°21'18" West, along the south line of said parcel described in Docket 11240 at page l , a distance of 47.32 feet to the southwest corner of said parcel; thence North 00°33'07" West, along the west line of said parcel described in Docket 11240 at page 1806, a distance of 659.52 feet to the Point of Beginning. / i A a/1. 71 4,0$iirrei,.? / rape 4' i 7-4-4, t.,,, 41k/ :c.'74 27246 C ,C. !Cy' cri R.L. ) 1 1 LAWRENCE, J e , ,i s; 9ned - -919/ZONA U 180 W. Magee Road, Suite 140 • Tucson, Arizona 85704 (520) 544-4067 • Fax (520) 544-9616 email: catengrs@catalinaengineering.com )VWest_doc Jun 10 :04 04: 53p Catalina Engineering, Inc 520-544- 516 EXHIBIT A -- F--- • r I ------------------- , -----1 \ ,� ` r .1 \ i -,.,.:• ., L ft....cr,......,. 1 I 1 1 \ t \\\.. - . 1 yi xorrone� ' '° # , Z�- -00+0 �( _.–— 1 X73 M StMtlat�Q.f/' ,iy- � \ �' � / X\:::: ____,---(-- N .).\\ \ ' ‘-'1C----- --;.. T/ !w r! 1 !'\ \ ,;:' ,,._. ____ __.--,$11% s 1l ;IA + a 1 ‘. ,,‘, \:,\ / \ \ /1 i / ` N J1 n . , _r._�.^ Ili / N/i -71 / / Ne? 1 CZ di. ; A c it.0 S ''\\ N,/.4-Edrjs ii./A(c, ac-•r- j � � �� ' \- i '` - i.is) ii' / 1/ :/1 ----/- . li t li +• fl' ' '''..�J y-..4' Ili. p). .. - It �� Tavn of pro Vdez'A ------ ...____ Li 1; MS w��tr�t R /4 3 .. 4: \N / /1 . \ i // -ss-ouu 806i I,,, ,, ,.,_, (.. '' t------– \ C-'?' . ' ! pr'1124JPD/j is § ii 11 fi _ g �____� . ....7.11,-- —.2= ----.1— o �,z • Phii i I 1 1 • I , Oro Va,ier, Arizona Spilt c� . �.. , Parcel �K R� �u Works ------------- � n��r'�,,�. � 'Jf � bl1C A�1 0 ►P TES 1 For- i on .- _,�, �� D - SG._ �c. 1" -_ -_____L---15-9—__ �AI _ v S-2004 PARCEL NC. 00 1 ---- - EXHIBIT B LEGAL DESCRIPTION SEVERED PARCEL That portion of the Southwest Quarter of the Northwest Quarter of Section 35,Township 11 South,Range 13 East, G. & S. R. M., Pima County,Arizona, described as follows: COMMENCING at the Southeast Corner of the Southwest Quarter of the Northwest Quarter of said Section 35; 89°19'34" West a Thence,upon the East-West mid-section line of said Section 35, South distance of 30.00 to the POINT OF BE continuingEast-West mid-section line, , South 89°19'34" Westa distance Thence, upon said point the easterly Right-of-Way line of the future La Drive, saidbeing of 526.15 to y g Nosh 89o19.34"East at a distance of 762.30 feet from the West One-Quarter Corner of said Section 35; 4�°42'38''East a distance of n the aforementioned Easterly Right-of-Way, North Thence upon concave to the northwest and having a radius of 617.66 feet to a point on a tangent curve 835.30 feet; curve, througha central angle of asterl • 191.48 feet upon said Right-of-Way Thence, northe y 13'08'04" the chord of which bears North 35°08'36��East for r a distance of. 191.07 feet to a s point of cusp upon line 30.00 feet west of the East Line of the aforementioned of the SouthwestQuarter of the Northwest r of Section 35; Thence ,said (East)�est Line, Southu Pon a line 30.00 feet west of and parallel with O O r 9 °? V(r 1./a st a distance of 611.16 feet to the POINT OF BEGINNING; Containing 3.520 Acres(153,333 sq. ft.)more or less • • Z',/ 2 • Prepared by DAVE)A. David A. Rhine, RLS RHirkE Surveying Land AZTEC LanIn 4;•fklegrAV Page 1 of 2 ROAD �`L1 �= a_ ,f?„.-:;_: !-zo- _.111/•• : AEXHIBIT B s 0: �;�•-''= ,....1 ..:,.,.... .Mull'Ulm milli... .i,‘a .ri•_;,::,......F.:;:: r L� i' 0 r I.is:;-:::s-t>.::;1.:2:::lim_mom a ins .B —7.ill =�'�flflll -.-._.-. Pii:...— �.•- J aJ 1l �r ►.�.111117 :,,.,r,,,,. `.1.-lii.r.!::r:P.i.,-:-P ,.,....- ley.fiPsZ 1 .m.....,,,,,g,ki..;;'ti/ _;.14:4".7 _��``�;'I vigit S OMER MB. .."..,,,..r, ■P .1_....`01.iii``L� LOCATION PLAN NOTES: 1S. Rte C&Sr 1) TEE BASIS OF BEARINGS FOR THIS SURVEY IS N OO'33'O7'W UPON THE EAST LINE OP THE SoUTHEA ST • QUARTER OF SECTION 34. TOWNSHIP 1r PIMA SUTH.COUN ,RANGE Nom. RHO11r! ON � CONSTRUCTION PLANS OF LA CANADA DRIVE FOR THE TOWN OF ORO VALLEY / . -- ARIZONA. I 2) ALIGNMENT INFOR!A TION FOR LA • CANADA DRIVE WAS TAKEN FROM / '• ENGINEERING DRA WINGS PRODUCED BY I CA T ALINA ENGINEERING, INC. FOR THE TOWN OF ORO VALLEY - ARIZONA. !! Q 4 Do 4 .e // ,44 11 1 8 SQITT / .� o1s? 5AC g 1I:' �o t,� 31-5 UST 1080 // N Ari ON 468 / A ' '� co �IpELJTY DKr 1 u ' i. o -: / .* m IS 4Ga 4 S :` 161 ao A bliet/l?' ,/,' se i / ,4/ •4 5 � IP/ A S S %0 °5 te- ill) GENERAL LAND OfnCE BRASS CAPPER POW if 1/4 SECTION 35 / // POD sev-24'44'yr 1770.29' • Nair!-'34n 1zas-' '(o) • 11k1'8Dr1 A'9'e"E 13l 8_ '( )SW CORNERAI�l9117/49 � �D�O OP nig NY f/4 S1C7YUN ss po / I / s / // SURVEYORS STATEMENT • �. L RFc �'),,5,•�/ ��~�� L STATETHE OF AR;ZONA.k !4 V€ PREPARED THIS MOMENT FOR PURP056 ONLY AND WAS P.07 SUR1/£YfD/5T.1KID ON TN£ �- 24534 . •� 1 DAVD A. H. s,-/ DAVID A RHINE RLS/245,30 `, EXHIBIT ./ .. jr rL ND LAND Bo SLr1Iyh'Y OF Design . %� AZTEC PORTIONS OF TILE WEST 1/2 DM. DAR Ck'd - =.=r .._ -_. M ; OF SECTION 35, T1 5S,rz N RE• Sco/e:1 ' NTS G RSR . PIMA COUNTY, AR 300r W1 N yxlo4-.!Wev T:acs,.V•rvu ' . o ,...,.:. �S;r:ai-= :me,jX,. -5l:71.1 ail 1.1 IIMINIMINIMI 710.3 Sheet 2 of 2 .I .. ,••.ms s•.• ,.::FLTZ c:.2 D,4 TE:02/21/2044 Job No. • EXHIBIT C LEGAL DESCRIPTION LA CANADA DRIVE RIGHT OF WAY That portion of the Southwest Quarter of the Northwest Quarter of Section 35, Township 11 South, Range 13 East,O. & S. R. M.,Pima County,Arizona, described as follows: CONIMENCIIti G at the West One-Quarter Corner of said Section 35; Thence; upon.the East-West mid-section line of said Section 35,North 89'19'34"East a distance of 559.22 feet to the Westerly Right-of-Way of the future La Canada Drive and POINT OF BEGINNING; Thence,upon said Westerly Right-of-Way,North 41°42'38"East, a distance of 754.55 feet to a point on a tangent curve concave to the northwest and having a radius of 685.30 feet; Thence, northerly upon the arc of said curve 504.92 feet, through a central angle of 42°12'53", the chord of which bears North 20°36'11"East for a distance of 493.58 feet to a point of tangent; Thence, North 00°30'15"West a distance of 301.07 feet to the North line of said Southwest Quarter of the Northwest Quarter of Section 35; Thence, upon said North Iine,North 89°21'23"East a distance of 45.00 feet; Thence, upon a line 30.00 feet west of and parallel with the East Line of the Southwest Quarter of the Northwest Quarter of the aforementioned Section 35, South 00°29'02"East a distance of 707.16 to a point on a non-tangent curve concave to the northwest; having a radius IMP of 835.30 feet and a radius which bears North 61°25'2 6"West; Thence, Southwesterly 191.48 feet upon the arc of said curve, through a central angle of 13°08'04", the chord of which bears South 35°08'36"West for a distance of 191.07 feet to a point of tangent; Thence, South 41°42'38"West a distance of 617.66 feet to the East-West mid-section line of the aforementioned Section 35; Thence, upon the East-West mid-section line of said Section 35, South 89°19'34" West a distance of 203.08 feet to the POINT OF BEGINNING; Containing 3.940 Acres(171,612 sq. ft.)more or less A • t •1 44, (k/e Prepared by 24530 • • . David A. Rhine, RLS DAVID A. • RHNE AZTEC Land S urveyi n 57, k-Arta:* 1 41 _ jil 7 EXHIBIT C •"�� i a.! //tea'L.4 l6S66� ▪�Ia,�•• moi- a.•.A ;<<,.a,. _ .1318. •ter ;� :mi::u1E ..;111 illi al rip 11.ir'.�':.,..,�; C. 1�28.?8'l Ell. THIS EXHIBIT or '=_I�Ii•'' ii ,/4 'Ls. >dJ0.7 i laliAl ;I ij inriflficin "ND 1/3-1LCILIA is_ss .►'is:ri�: r '4 ....= . 1111111111k:01111111 1 ' -41x i ' 2 211111.11111aiireill =:AV� i�� •� r/NClSsl,: ti. 111 • 1 a N8&'2ia." 1 O 1268.53(x) . 8'21 1�4�-'.Sd'(� C�4 TION PLAN n►m vs-LOCATION � s,�-�uR IX r/y'ias 'is sorra' l`f 1S, Rf.YR C�t.SR�Y CavCRtLS (N ►. & 'rte tins' 1fT1C 'LS 19J ta' 0) % OD og NOTES: o - i 1) THE "UOIF' BEARINGS' FOR THIS 3II1?VES' IS X00-33'07"'W LINE OF TELE Sa UPON THE ao ! 0 QUARTER OF SECTION 24. Tp WNSH P GE 13 EAST. Gdi.SRM. o 11 SOUTH. R� � � PIMA COUNTY. ARIZONA. AS SHOWN ON °� ` CONSTRUCTION PLANS OF LA CANADAy TOWN OF ORO VALLEY ►. - .;: DRIVE FOR THE ►- 4 %T t ARIZONA �+ ' I `••: 2) AI.TGNMENT INFORMATION LA a �; J DRIYB WAS T I ENGINEERING DRAWINGS PRODUCED TSS ! t � CA Td3•INA �G VA_[1-B'Y ' INC. �• * 1/— ARIZONA. • TOWN OF . ., . 1 1 $ ISUVEYORS STATEMENT 1 $ L DAVE k RHINE. A PROFESSIONAL LAND VE P � � `� R£G I STER ED tN TFiE STATE OF v THIS D°CU',EN I I OR EXHIBIT PURPOSES ONLY AND WASoi I NOT SUR1lEYED/STAKED ON TETE GROUND. _}�0 ES y . s. . if, (4 —i. DAVID A RHINE RLS#2 4530 Ol''''.. •. . no 4 40. s ,::i9A. 4v. AG •-;l� t 4 i •RHHE ,) (H\ .S ir:•:/ice �o. \V • .An.5 : ,‘4 i• i \ ,1.1 Mlle , / ...i$ i / e - , GrousAAl LtACD Gn i' rf/Is .14 /A -- - 559.22'(M) 4O , _bs' , , 525.15' ROAD • Nes•1 v't4-s'7 1 :. . 1I1 - -� Fat► O'a'r 1318.44 1110 i �$ Ny , r / \ � EXHIBIT I / ���--rte � i \\)>,,,,,.<\ zns=.sr.••••... .. � Lt CANADA DRIVE RTGM'T OF 1/I Y IN ,sign , A/ PORTION OF THE WEST 1/2iDrn. �Ck d 0.4 AZTEC iivc3 R1 BE, ,.ScQIe:1- Njas 1 ; OF SECTION 35, T Til I / / G&SRL, PDdA COUNTY, ARIZONA ONA of l s3?1:I T.I',rtd i 1:T _ none:.�1�r a 2 1 a wor f �, «� � - �:C�-,�s,I; DATE:06/02/2004 Job No. 7103 +Sheet 2 iii t CVO& 3N1 Y3ONV1 i - ET MINN!. •MIMI• . I Ogl T , . ________I _________1.___ ___..1 f0 rii,,. ." gull MOt1 P i�;ar eu/e i / 6uQ1 &mind; ;�F, r..................._, luawasQa fool-or Ou/ls/xa apnlou/ lou scop ., ;Jg —_— 1,-0,006-or =;r� .'.�u,,Avlo0J/V 1 b'0/OUO'16 U'Ue S ''1 �1 �.2111ry I . ' s' (01110 rI.1' , , I IA �..f• 'G�G i.10 PP-610) I r• J,J, ,i '.,i1/!%Y r1 Y I I n,,tiyt. 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