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AGENDA ORO VALLEY TOWN COUNCIL REGULAR SESSION JUNE 02, 2004 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 TheMayormay and Councilconsider and/or take action on the items listed below: ORDER OF BUSINESS: MAYOR WILL REVIEW THE ORDER OF THE MEETING 1. SWEARING IN CEREMONY OF COUNCIL MEMBERS 2. APPOINTMENT OF VICE MAYOR CALL TO AUDIENCE — At this time, any member of the public is allowed to 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 to criticism made by speakers. However, the Mayor and Council maynot discuss or take legal action on matters raised during Y "Call to Audience." In order to speak during "Call to Audience" please specify whatY ou wish to discuss when completing the blue speaker card. 3. CONSENT AGENDA (Consideration and/or possible action) A. Minutes — May 10, 12, 19, 2004 B. Resolution No. (R)04-51 Authorizing a construction contract with KE&G Development, LLC in the amount of $462,040.00 to construct the North Oracle "D" Zone 12-Inch Transmission Main C. Resolution No. (R)04-52 Authorizing and approving a construction contract with Meridian Engineering Company in the amount of $4,438,000.00 for construction of the Reclaimed Water Pump Station and Reservoir shown on Plan No. OV24-04-01 D. Mayor's two month Temporary Town Council Liaison Assignments 06/02/04 Agenda, Council Regular Session 2 4. PRESENTATION BYJOE CHITWOOD, ASSISTANT GENERAL MANAGER, KUAT-TV REGARDING PUBLIC, EDUCATION AND GOVERNMENT CHANNELS SERVING ORO VALLEY 5. PUBLIC HEARING: ORDINANCE NO. (0)04-19 APPROVAL OF A CONDITIONAL USE PERMIT FOR THE CALVARY CHAPEL LOCATED WITHIN THE FOOTHILLS BUSINESS PARK IN CLOSE PROXIMITY TO THE NORTHEAST CORNER OF ORACLE ROAD AND HANLEY BOULEVARD, PARCEL 220-10-006A Explanation: OV8-04-01 Center Lane LLC, representing Sigma Technologies, requests approval of a conditional use permit for the Calvary Chapel.el. The chapel will utilize an existing building and consist of approximately 12,000 square feet. The zoning for this parcel is PAD with pp y a land use designation of Campus Park Industrial. 6. REQUEST FOR EXTENSION OF LANDSCAPE COMPLETION FOR OV12-02-06, LA CANADA/LAMBERT LANE DEVELOPMENT (BEZTAK PROJECT) FROM MAY 19, 2004) Explanation: This project is located on the southeast corner of Lambert Lane and La Canada Drive TOWN MANAGER'S REPORT COUNCIL REPORTS DEPARTMENT REPORTS CALL TO AUDIENCE — At this time, any member of the public is allowed to 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 to criticism made by speakers. However, the Mayor and Council may not discuss or take legal action on matters raised during y "Call to Audience." In order to speak during "Call to Audience" please specify whaty ou wish to discuss when completing the blue speaker card. ADJOURNMENT POSTED: 05/26/04 4:30 p.m. Ih Whenossible, a packet of agenda materials as listed above is available for p public inspection at least 24 hours prior to the Council meeting in the office of the Town Clerk between the hours of 8:00 a.m. — 5:00p.m. 06/02/04 Agenda, Council Regular Session 3 The Town of Oro Valley complies lies with the Americans with Disabilities Act (ADA). p an If any person with a disabilityneeds type of accommodation, please notify Y the Town Clerk's Office at 229-4700. INSTRUCTIONS TO SPEAKERS public of the have the right to speak during any posted public hearing.. However those items not listed as a public hearing are for consideration and action bythe 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 ou wish to address the Town Council on any item(s) on this agenda, please p a complete speaker card located on the Agenda table at the back of the room p give it to the Town Clerk. Please indicate on the speaker card which item and you and topic 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 stepforward 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 onlyon the issue currently being discussed by Council. Please p p your organizespeech, you will only be allowed to address the Council g 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. DRAFT MINUTES ORO VALLEY TOWN COUNCIL BUDGET STUDY SESSION MAY 10, 2004 ORO VALLEY COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE STUDY SESSION: AT OR AFTER 4:30 p.m. CALL TO ORDER: 4:35 p.m. PRESENT: Paul Loomis, Mayor Werner Wolff, Vice Mayor Paula Abbott, Council Member Dick Johnson, Council Member Bart Rochman, Council Member BUDGET & BOND COMMITTEE PUBLIC WORKS LIAISONS: Lyra Done, Vice Chair Honey Pivirotto,Member Anil Hiremath, Member STAFF PRESENT: Chuck Sweet, Town Manager David Andrews,Finance Director Joseph Meyers, Budget Analyst Kathryn Cuvelier, Town Clerk Mark Langlitz, Town Attorney Brent Sinclair, Community Development Director Bryant Nodine, Panning and Zoning Administrator Ainsley Reeder, Parks and Recreation Administrator Terry Vosler, Building Inspector Administrator Linda Hersha, Secretary 11 Mayor Loomis encouraged everyone to attend the Signing of Regional Transportation g Governor Janet Napolitano on Monday May 24, 2004. He announced Authority Bill with p that due to the event, the Water UtilityDivision budget study session currently scheduled for May 24th, would be moved to the May 26th, agenda. REVIEW (F� THE ISSUES FROM MAY 3RD BUDGET REVIEW SESSION O 1 Town n Mana�, ger Chuck Sweet reviewed the follow-up issues from the May 3, 2004 13uidgct Review Session: 05/10/ 04 Minutes,Council Budget Study Session 1. Issues: Land Acquisition for Future Public Works Yards. Response: The land acquisition for a new Public Works Yard is in the negotiation phase. The details of an acquisition will be forthcoming as g negotiations are finalized. The Town Manager is currently reviewing the costs of a relocationp lan with the Town Engineer. This relocation plan and associated costs should be available in approximately 1 week. The estimated cost to actuallymove all personnel in the division and construct the facility and the associated equipment would be approximately $400,000.00 to $500,000.00. 2. Issue: Town Organizational Structure. Response: A specific response to the Town Council's questions concerning p p the proposed change in organizational structure will be forthcoming by separate memo on or about May 14th. 3. Issue: Roadway System Capacity Improvements. Response: A consolidated report has been included with this memorandum as supplemental information to the budget. Please see Exhibit "A". 4. Issue: HIDTA Mantis Grant Revenues. Response: Due to timing differences between Federal and Town Fiscal � Years, all of the funds requested during Fiscal Year 2003-2004 were posted andp aid for in advance during Fiscal Year 2002-2003 in the amount of$124,450. In Fiscal Year 2004-2005, we anticipate receiving $117,000 in H.I.D.T.A. MANTIS GRANT REVENUES. 5. Issue: Highway Fund - $60K Miscellaneous Revenues. Response: Per Public Works, funds totaling $56,462.30 consist of developers' contributions toward roadway improvements. Pulte Homes contributed $21,462.30 from the Vistoso Ridge Project and First American Title issued $35,000 for the Moonridge Road Rehabilitation Project. The balance of this account is composed of an assortment of much smaller dollar amounts. 6. Issue: Office Specialist—Town Council Response: This position along with related salary,benefits and capital equipment has been moved to the Town Manager's Budget. Capital Equipment has been adjusted down by$5,500 in the Council's Budget.Conversely, the Manager's Capital Equipment has increased by $5,500. 7. Issue: Mid- Decade Census. Response: $160,000 in funding has been transferred to the Community Development Administration Budget. 8. Issue: Funding for DM-50. Response: Funding requests from outside groups will be considered at the p May 26th Budge Review Session. A letter of request is expected from the DM-50 by the date. Mr. Sweet reported that a letter of request had been received. 9. Issue: Location of Greater Oro Valley Arts Counsel (GOVAC)budget line item Response: Funding for GOVAC has been transferred back to the Community Development Administration budget. • 3 05/10/04 Minutes,Council Budget Study Session 10. Issue: Adjust Town Council's Operations and Maintenance Budge to reflect increase from 5 to 7 Council Members. Response: Adjustment to Operations and Maintenance have been made to p � account for 2 additional council members. 11g . Issue: National League of Cities Conference and Annual Membership. Response: Travel and Training has increased from $15,900 to $20,605 to account for council members' attendance at the NCL conferences. Furthermore, Memberships and Subscriptions items have increased from $19,903 to $22,703 to reflect new memberships in the National league of Cities and NALEO. 12. Issue: League Conference Costs. Response: Costs have been reconciled to reflect only registration fees ($275 per person). 13. Issue: NALEO. Response: Membership and Conference attendance costs have been incorporated into the revised Council Travel and Training Budget. 14. Issue: Town Council—Non-Capitalized Equipment Line Item Response: $1400 has been added to this line item for telephones and a fax machine to account for 2 additional council members 15. Issue: Town Clerk—Office Specialist Response: See attached memo from the Town Clerk regarding request;job description; and fiscal impact. Please see Exhibits "E", "F" and"G". 16. Issue: Reconciliation of Public Information Services/Non-Capitalized Equipment Line Items. Response: Public Information Services and the Non-Capitalized Equipment line has been reconciled to the following amounts: 1. Non-Capitalized Equipment - $1,067 a. Page Maker Software $467 b. Laser Printer (mgr/Asst.) $600 2 Public Information Services- $46,900 a. Newsletter $32,000 b. Market and Public Relations Efforts Related to General Plan $14,900 3. Capital Equipment - $8,500 a. Digital Video Camera (PIO) $1,000 b. Computer(Asst. Town Mgr) $2,000 c. Office Specialist related items $5,500 17. Issue: Marketing Materials for Economic Development Response: Marketing Please see Exhibits "H" and "I". 18. Issue: Bed Tax Collections and Expenditures Response: Due to the fact that the bed tax is collected and distributed by the Arizona Department of Revenue, the Town is prohibited by state law from 05/10/04 Minutes,Council Budget Study Session 4 divulging this financial information. A separate confidential memo is g g forthcoming. 19. Issue: Finance Department—Travel and Training Response: League Conference Costs have been reconciled to reflect only p g registration fees ($275 per person). 20. Issue: Finance Department—Membership and Subscriptions for League of Arizona Cities and Towns. Response: The $100 budget under Memberships and Subscriptions is for g updates to Model City Tax Code and not membership dues for the League.21. Issue: Policy for Personal Digital Assistants (PDA's) Response: The Information Technology Division is in the process of drafting a PDA and Laptop Computer Policy. 22. Issue: General Administration—Newsletter Response: The $13,820 from General Administration for Printing and Binding has been moved back to the Library's Budget and is to be discussed further within the Community Development Division budgets. Mayor Loomis requested that a spreadsheet be created to track the adjustments or corrections made throughout this Budget Session process. REVIEW OF THE CANDIDATE BUDGET QUESTIONS—MAY 3RD BUDGET SESSION Chuck Sweet reviewed the follow-up Manager issues from the May 3rd Budget Session: 1. Issue: When these items are completed I would like details: a. Police Department organizational agreement: b. Arrangements and location of the new maintenance yard: Response: a. The "meet and confer"information with the FOP and OVPOA is expected to be distributed on Monday Mayl Oth . b. The land acquisition for a new Public Works Yard is in the negotiation phase. The details of an acquisition will be forthcoming as negotiations are finalized. The Town Manager is currently reviewing the costs of a relocation plan with the Town Engineer. This relocation plan and associated costs should be available in approximately 1 week. 2. Issue/Comment: "I have walked and talked to many households during my campaign and most of the middle aged and older people do not use data from web sites. I would like to explore the using of a monthly news bulletin or paper. Maybe pick up at Town Hall or Library. Just thoughts on communication with the public." Response: Thank you for the comment. 3. Issue: Question on forming the Exhibit "B" "was a committee formed on this or was it your office putting this together?" Response: Exhibit "B"was put together by my office with input from the Human Resources Director and other town staff. In the Oro Valley Town Code, under the Powers and Duties of the Town Manager, #11 states the following: "to analyze the 05/10/04 Minutes,Council Budget Study Session 5 functions, duties and activities of the various departments,boards and services of the government and of all employees thereof, and to make such recommendations town p to the council with reference thereto, as in his judgment will result, if made effective, in thehighestdegree de ree of efficiency in the overall operation of the town government." 4. Issue: On page 4 the $600 revenue as I understand it,was from a developer. Can you name this company? Response: Per Public Works, funds totaling $56,462.30 consist of developers' contributions toward roadway improvements. Pulte Homes contributed $21,462.30 for the Vistoso Ridge Project and First American Title issued $35,000 for the Moonridge e Road Rehabilitation Project. The balance of this account is composed of an assortment of much smaller dollar amounts. 5. Issue: Page 44 I am assuming that the $417,614 is increased to cover the extra moneyfor a census. This must be done to increase our money coming from the state. Same page I am in favor of the ARTS Council but would like a breakdown on the 133,200 item. Response: $160,000 of the $417,614 figure relates to the cost of performing a mid- decade census in 2005. The breakdown of the ARTS Council amount of$133,200 will bg e handed out at the budget study session on May 10th 2004. 6. Issue: Page 128 under Tourism and economic development item "H" shows a rebate - Hilton? drops to 3 00 000 of$368 500. Please list the business getting this rebate. It $ , for the next year budget. Why? Response: Due to the fact that the bed tax is collected and distributed by the Arizona Department of Revenue, the Town is prohibited by state law from divulging this financial information. A separate confidential memo is forthcoming. The decrease in dollar amount is reflective of industry projections for occupancy in the coming year. 7. Issue: Under the same heading what does MTCVB stand for and explain the $140,000 down to $100,000 dollar figure. Response: MTCVB stands for Metropolitan Tucson Convention and Visitors Bureau. p o1% agreement By Town Ordinance 75/o of first of bed tax by goes to the MTCVB. The reduction in dollar amount from 2003-04 to 2004-05 is reflective of industry projections for occupancy in the coming year. 2. REVIEW OF COMMUNITY DEVELOPMENT BUDGET A. Community Development Administration - Page 196 Community Development Director Brent Sinclair, explained that the Administration Division takes the leading role in coordinating, monitoring and improving the Town's development review process; and helping each person understand their role in the processes and techniques as well as developing goals, performance measures, targets and monitoringprogress. He added that the Greater Oro Valley Arts Council (GOVAC) p � budget had been moved back into the Administration Division's budget in the amount of $133,000.00. In answer to aq uestion from Mayor Loomis, Dick Eggerding, President of Greater Oro Valley Arts Council, explained that GOVAC has created a growth chart that reflects the 6 05/10/04 Minutes,Council Budget Study Session Town's contribution percentages that have supported the GOVAC programs from 1999 p g p to date. He reported that the GOVAC budget has had no increases from the years 2001- 2002 through 2003-2004. Mayor Loomis requested that a copy of the GOVAC growth chart be added to the budget y report records for review. B. Planning and Zoning- Page 207 Bryant Nodine, Planningand Zoning Administrator, explained that Planning and Zoning administers the Town's Zoning Code and the General Plan for the harmonious growth of the Town. He explained that the division was responsible for providing Planning and p Zoning related services to the community, Town Council, various Boards, the Planning and Zoning Commission, and Town staff. He explained that the Planning and Zoning Division was comprised of three teams: Planning, Zoning Compliance, and Administration. He reported that each team is responsible for specific objectives with a commong oal of providing excellent service. The following items are projects and services projected for the upcoming year: • Large commercial development. • Capital Improvement Plan. • Citizens Planning Institute. • General Plan Update and related "Growing Smarter" amendments. • Environmental Sensitive Lands Ordinance. • Open Space Plan. • Zoning Compliance. • Administration. • Annexations and translational zonings. • Comprehensive Zoning Code Updates. • Microfiche. • Code Master. • Landscape Architect Services. • Surveying Services. • Save-a-Plant Class. The following items were discussed: • It was suggested that the Planning and Zoning Division, IT Division and Town Clerk's Office collaborate to create a more efficient system for storage of Town data such as a CD storage system. • The Review of the Zoning Code as it relates to outside services. • Fire Code Services. • The Environmentally Sensitive Land Ordinance (ESLO). • Permits and Building Safety Codes review. • Cost efficiencies within the department. • Top rovide a better estimated cost of certain items listed in sections of the budget report. 05/10/04 Minutes,Council Budget Study Session 7 • Printing and binding cost. • Non-Capitalized Equipment cost. • To increase the use of electronic data for communication purposes in day to day operations. • The General Plan budget increase. C. Review of Parks and Recreation —Page 217 Ainsley Reeder, Parks and Recreation Administrator,reported that this division provided A y services in a number of categories. She reported that the division provides municipal Parks and Recreation services that include three parks, reservation services, park maintenance functions, special events,trails, aquatics programs, support for partner agency events and support for the Park and Recreation Advisory Board. The following g Y items were identified: • Personnel. • Honeybee Park. • "Miscellaneous Other" operations. • Capital Outlay. The following items and suggestions were discussed: • The anticipated expenditure for Honey Bee Park and the open space associated with it. • The $10,000.00 contribution to Pima County for operations and maintenance for Honey Bee Park. (The Town will not provide any employee support for the park.) • Create a report that reflects any financial contributions made by the Town and outside agencies. • Create a log that reflects how user fees are coming in for the various programs to pay for services. • Creating a record of attendance for services that the Parks and Recreation department is providing. This would reflect the progress of each program and provide feedback on how well each program is doing. • The placing of a flagpole in James D. Kreigh Park. • Comparing the Town leasing facility use charges with other school districts and towns. • Review special events category cost for possible discrepancies. D. REVIEW OF LIBRARY SERVICES—Page 243 Mary Hartz Musgrave, Managing Librarian, explained that staff was asking for a status- quo at the 80,000 mark and to pay for the Town's services that are received from the Tucson-Pima Public Library(TPPL). She reported that the Town pays for the actual cost of the library materials plus the processing fee per item. TPPL provides the following services: • Materials (collections) development and processing. • Courier service to make deliveries within the library system. 8 05/10/04 Minutes,Council Budget Study Session • Circulation Services provided by the main circulation department. • Public computer printer and public copier. • Telecommunications for library and public internet and network access. • Technology maintenance for TPPL computers. The following suggestions were made: • It was suggested that some of the wording be changed in "Outside Professional Service" category for clarity. • Under the Growth of Programs and Office Supplies category it was suggested that collections or repair costs were involved, it should be identified as a separate if p line item cost because the Town should be getting 50% of that cost from Pima County. E. REVIEW OF LIBRARY CONSTRUCTION FUND—Page 261 Brent Sinclair, Community Development Director, explained that the Library Construction Fund reflects the cost for the completion of the 10,000 foot shell. He reported that the cost was included under the construction budget item in the event the bond issue passes. This is a contingencydependentnc contin fund de upon the outcome of the May 18, 2004 Pima County Bond election. F. REVIEW OF BUILDING SAFETY—Page 264 Terry Vosler, Building Safety Administrator, explained that Building Safety was responsible for the review of site development plans, construction plans including architecture, structural, fire-resistive, life and safety, plumbing, electrical and mechanical systems, retaining walls,pools, spas, and fire codes to verify compliance with the codes y and to ensure thep ublic's safety in their use of buildings and structures within the Town. The following items were discussed: • Additional positions. • Programs. • Capital Outlay. • Operations and Maintenance. • On-line Plan Review. • On-line Process. • Outside professional services. • Creating a breakdown or timeline for cost and implementation for outside services. • The difference between a Fire Marshall and Fire Inspector. • Creating a job description of the Fire Marshall and Fire Inspector. • Establishing a possible Intergovernmental Agreement (IGA)between the fire departments for fire service support. 9 05/10/04 Minutes,Council Budget Study Session • How is the Water Utility Department billed for services? • The Minor Assets expenditures. • Timelines for inspectors and plan examiners. • The quantity of digital cameras owned by the Town. • What is the corrective action taken when a department is over budget? • An analysis of growth and development in the Town. y • Equipment Repair and Maintenance expenditure. ADJOURNMENT MOTION: Council Member Rochman moved to ADJOURN the meeting at 7:03 p.m. Council Member Johnson SECONDED the motion. Motion carried, 5-0. Respectfully submitted, Linda Hersha, Secretary II MINUTES ORO VALLEY TOWN COUNCIL REGULAR SESSION MAY 19, 2004 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 6:00 PM CALL TO ORDER: 6:00 p.m. PRESENT: Paul Loomis, Mayor Werner Wolff, Vice Mayor Paula Abbott, Council Member Dick Johnson, Council Member Bart Rochman, Council Member EXECUTIVE SESSION AT OR AFTER 6:00 PM MOTION:• MOTION was made byVice Mayor Wolff and SECONDED by Council A Member Abbott tog o into an Executive Session at 6:01 p.m. MOTION carried 5 —0. Mayor Loomis announced that in addition to the Town Council, the Town Manager, the Town Clerk, and the Town Attorney, that Town Engineer Bill Jansen would be present in Executive Session for Items 2 and 3. 1. Pursuant to ARS 38-431.03(A)(3) discussion and consultation with the Town's Attorney regarding re ardin amending the Oro Valley Zoning Map by rezoning the site commonly known as Steam Pump Ranch 2. Pursuant to ARS 38-431.03(A)(3) discussion and consultation with the Town's Attorney regarding possible settlement of the Sheppard, Et Al., Town of Oro g Valley Litigation (Case No. C20030461) 3. Pursuant to ARS 38-431.03(A)(3) Discussion regarding the purchase or lease of real property for Town Facilities MOTION: A MOTION was made by Vice Mayor Wolff and SECONDED by Council Member Rochman to go out of Executive Session at 7:00 p.m. Motion carried, 5 —0. RESUME REGULAR SESSION AT OR AFTER 7:00 PM CALL TO ORDER 7:10 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Werner Wolff, Vice Mayor Paula Abbott, Council Member Dick Johnson, Council Member Bart Rochman, Council Member 05/19/04 Minutes,Council Regular Session 2 PLEDGE OF ALLEGIANCE cout Troo 216led the audience in the Pledge of Allegiance. Mayor Loomis and Boy S p UPCOMING MEETING ANNOUNCEMENTS Town Manager Chuck Sweet reviewed the upcoming meetings and events. Y ORDER OF BUSINESS: Mayor Loomis announced that Item 8 would be moved forward on the Agenda to follow Item 2. CALL TO AUDIENCE c 10674 N. Sand Canyon Place stated that he appreciated the contact he had Richard Tracy, over the past with Vice Mayor Wolff, Council Member Johnson and Council years Member Rochman. He also stated that he appreciated their service to the community. Sharon Brown, 960 W. Silver Spring Place,reviewed statistics on tobacco use and asked p g that the Council readdress the Town's current no-smoking ordinance. Council Member Abbott requested that the no-smoking ordinance be placed on a future Study Session. 1. CONSENT AGENDA At the request of Vice Mayor Wolff, Mayor Loomis pulled Item D from the Consent Agenda. MOTION: Council Member Johnson MOVED to APPROVE the Consent Agenda with the exception of Item D. Council Member Rochman SECONDED the motion. Motion carried, 5 —0. A. Minutes—April 26, May 3, 5, 2004 B. Building Safety Activity Report—April 2004 C. Police Report—April 2004 D. Resolution No. (R)04-43 Authorizing the execution of Grant Application by the Oro Valley Police Department to the Governor's Office of Highway Safety for funding of DUI Equipment, Car Seats, and Training (PULLED FOR DISCUSSION) E. Resolution No. (R)04-44 Authorizing the Police Department to accept the Governor's Office of Highway Safety Grant for six speed detection devices F. Resolution No. (R)04-45 Acceptance of bid and award of contract to Ashton Company, Inc. in the amount of $10,299,710.05 for the Pusch View/Lambert Lane Extension Project No. OV 30 99/00 20 and First Avenue Bridge, Proect No. OV 30 00/01 08 05/19/04 Minutes,Council Regular Session 3 G. Acceptance of Performing Arts Feasibility Study/Needs Assessment by Webb Management H. Resolution No. (R)04-46 Approval of Agreement with Webb Management Services, Inc. to perform a Business Plan for Proposed Performing Arts Facilities at Naranja Town Site and Authorization of funds not to exceed $18,500 I. Resolution No. (R)04-47 Award of contract to RS Engineering in the amount of$26,755.00 for professional engineering services for a Project Assessment for Magee Road from Northern Avenue to First Avenue J. Resolution No. (R)04-48 Award of contract to RS Engineering in the amount of$26,565.00 for professional engineering services for a screen wall at Verde Catalina Town Homes along Oracle Road D. RESOLUTION NO. (R)04-43 AUTHORIZING THE EXECUTION OF GRANT APPLICATION BY THE ORO VALLEY POLICE DEPARTMENT TO THE GOVERNOR'S OFFICE OF HIGHWAY SAFETY FOR FUNDING OF DUI EQUIPMENT, CAR SEATS, AND TRAINING In response to a question from Vice Mayor Loomis, Chief Sharp explained that impairment battery operated vehicles are small go carts that are used in driver's education. MOTION: Vice Mayor Wolff MOVED to ADOPT Resolution (R)04-43. Council Member Abbott SECONDED the motion. Motion carried, 5 — 0. 2. PRESENTATION OF A DONATION FROM THE ORO VALLEY ROTARY CLUB TO THE TOWN OF ORO VALLEY (PARKS AND RECREATION DIVISION) Mr. Al Lindgren, President of the Oro Valley Rotary Club, presented the Town with a check in the amount of$5,000 for the purchase of lockers for the lifeguards at the James D. Kreigh Park Municipal Pool. 8. PUBLIC HEARING — ORDINANCE NO. (0)04-13 AMENDING THE TOWN OF ORO VALLEY ZONING MAP BY REZONING THE SITE COMMONLY KNOWN AS THE STEAM PUMP RANCH, LOCATED ON THE WEST SIDE OF ORACLE ROAD (ACROSS FROM EAST HANLEY BOULEVARD AND THE FOOTHILLS BUSINESS PARK)—NORTH OF THE HOME DEPOT SITE AND SOUTH OF THE PROPOSED STEAM PUMP VILLAGE DEVELOPMENT, PARCEL NOS. 220-08-001C, 220-08-001F, 220-08-001G, 220-08-001K, AND 220- 08-002A AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH (CONTINUED FROM MARCH 17, 2004) Community Development Director Brent Sinclair reported that the applicant has requested a 60 day continuance on this item (until July 21, 2004.) 05/19/04 Minutes,Council Regular Session 4 MOTION: Council Member Johnson MOVED to CONTINUE Ordinance (0)04-13 until July 21, 2004. Council Member Abbott SECONDED the motion. Motion carried, 5-0. 3. RESOLUTION NO. (R)04- 49 AUTHORIZING AND APPROVING THE EXECUTION OF A LETTER AGREEMENT BY AND BETWEEN THE TOWN OF ORO VALLEY, STONE CANYON, LLC, PIMA COUNTY AND AMPHITHEATER SCHOOL DISTRICT CONCERNING STONE CANYON, LLC'S SATISFACTION OF ITS REZONING CONDITION AND SCHOOL SITE OBLIGATION UNDER PIMA COUNTY REZONING CASE NO. C09-01-42 Town Attorney Langlitz Lan litz reviewed the Council Communication. He reported that in a developmentagreement dated March 12, 2002,between Stone Canyon LLC (Vistoso g . Partners) and Pima County(as part of a rezoning of Neighborhood 12,) the County Part ) required that a middle school/high school be dedicated to Amphitheater School District. He stated that upon evaluation of the original site in Neighborhood 5, the School District determined that the infrastructure and access requirements for the proposed site were so extensive that it was rendered cost prohibitive for the construction of a school. Therefore, Stone Canyon LLC has offered a trade for a more developable property near northwest corner of Tangerine and Oracle Road in Neighborhood 1. Mr. Langlitz the g stated that Stone Canyon LLC has requested that the Town of Oro Valley,Pima County and the School District enter into a Letter Agreement that acknowledges that Stone Canyon LLC has satisfied its rezoning condition and school site obligation. Todd Jaeger, 701 W. Wetmore, Associate Superintendent and General Counsel for Amphitheater Public Schools, stated that they are in agreement that the site in 1 would be satisfactory and meet the needs of the School District. He Neighborhood further stated that there were some concerns with language in the last revision as prepared Stone Canyon LLC's attorneys,but they have since modified the agreement and he by did not feel that the new language would affect the Town's aspect of the agreement. He urged the Council to approve the Letter Agreement. Mayor Loomis expressed concerns regarding the wording in Paragraph 2 that states "and felt it shall take all actions which are required to effectuate the same" and stated that he may obligate ate future Councils to decisions that may be made as the project moves forward. He asked to have it deleted. Mr. Jaeger stated that he was not sure that it was specific enough to bind future Councils, but he had no objections to eliminating the phrase. Further discussion followed regarding: ■ Zoning original ori inal site—Institutional or Schools in the Rancho Vistoso PAD with the center portion designated as Open Space. ■ Portion of site is in 100 year flood plain. 05/19/04 Minutes,Council Regular Session 5 ■ Concerns regarding Stone Canyon's desire to take actions necessary to cause the g g Original inal School Site to be effectively zoned as medium density residential (not applicable to this specific Agreement.) ■ Once District acquires the property, it must be built as a school site and can not be q sold. Dick Maes, 945 W. Vistoso Highlands Drive,Vistoso Partners representing Stone Canyon n LLC, stated that in order to develop any of the property that lies within the flood plain theywould have to go through CLOMAR and The Army Corp of Engineers proresponse a question In to from Mayor Loomis, Mr. Maes stated that he could not address what the removal of"It is the intention of Stone Canyon or an affiliate thereof, to take all actions which are necessary and required to cause the Original School Site to be effectively zoned as medium density residential under the Rancho Vistoso Planned Area Development." question from Mayor Loomis, Mr. Langlitz stated that the In response to the same y removal of said wording would not affect the Town but may affect Stone Canyon's incentive to enter into the agreement. In response to questions from Mayor Loomis and Council Member Abbott, Mr. Maes p explained that the Rancho Vistoso PAD allows that the existing zoning of an individual parceladjusted can be adjusted one zoning category upward (in the matter of residential)without going through Town approvals as long as they do not exceed the density cap for the g g g p neighborhood or for the entire project. He further explained that in most cases throughout Rancho Vistoso,the densities have been reduced. He also stated that sites have been studied and considered since the late 1980's. He stated that this site in Neighborhood 1 is probably the only 35 acre site in the Rancho Vistoso PAD that would g meet the District's criteria. Mr. Maes further reported that they are still working on the final conditions and are finalizing the Agreement so that all sides are satisfied with it. MOTION: Mayor Loomis MOVED to APPROVE Resolution (R)04-49, authorizing and approving the execution of a Letter Agreement by and between the Town of Oro g Valley, Stone Canyon, LLC, Pima County and Amphitheater School District concerning Stone Canyon, LLC's satisfaction of its Rezoning Condition and School Site Obligation under Pima County Rezoning Case No. C09-01-42 with the following additional conditions: 1) This is subject to a condition of approval of a similar Resolution of Support from Pima County; 2)Reword the Letter Agreement in accordance with the Amphitheater School Districts suggestions for the third paragraph and in the eighth paragraph,h, deleting the language "and shall take all actions which are required to effectuate the same;" and 3)remove the wording "It is the intention of Stone Canyon or an affiliate thereof, to take all actions which are necessary and required to cause the Original School Site to be effectively zoned as medium density residential under the Rancho Vistoso Planned Area Development." Council Member Johnson SECONDED the motion. 05/19/04 19/04 Minutes,Council Regular Session 6 FURTHER DISCUSSION followed regarding the Letter Agreement, removal of the wording regarding takingaction to cause the Original School Site be zoned as medium g g it residential, concerns expressed regarding the location of the school site along density p Tangerine and Oracle Roads, site is a good site in that it provides significant buffers between Oracle Road and Tangerine Road,the area to the north of the site is being developed as residential, it is close to the new hospital, and all parties have worked hard to find the best site available. MOTION CARRIED, 5 —0. Mayor Loomis recessed the meeting at 8:00 p.m. The meeting resumed at 8:10 p.m. 4. PUBLIC HEARING—ORDINANCE NO. (0)04-16 EXTENDING AND INCREASING THE CORPORATE LIMITS OF THE TOWN OF ORO VALLEY, PIMA COUNTY, STATE OF ARIZONA, PURSUANT TO THE PROVISIONS OF TITLE 9, CHAPTER 4,ARTICLE 7, ARIZONA REVISED STATUTES,AND AMENDMENTS THERETO BY ANNEXING THERETO CERTAIN TERRITORY CONTIGUOUS TO THE EXISTING TOWN LIMITS OF THE TOWN OF ORO VALLEY,ANNEXATION AREA H Town Manager Chuck Sweet reviewed the Council Communication and stated that this annexation was initiated at the request of the property owners within the proposed annexation area. On March 17, 2004, the Council voted to initiate the annexation process for 20.45 acrep arcels known as Annexation Area H. He reported that the land is in conformity with the Town's General Plan and all requirements for the annexation process have been completed. In response to a question from Council Member Abbott, Mr. Sweet stated that there were 3 property owners. p Mayor Loomis opened the public hearing. There being no speakers, the public hearing y was closed. MOTION: Council Member Johnson MOVED to ADOPT Ordinance (0)04-16 extending and increasing the corporate limits of the Town of Oro Valley. Vice Mayor Wolff SECONDED the motion. Motion carried, 5 —0. 5.OV12-03-16 STEAM PUMP INVESTORS,LLC REQUEST FOR APPROVAL OF A MASTER DEVELOPMENT PLAN FOR THE 41 ACRE STEAM PUMP VILLAGE PLANNED AREA DEVELOPMENT AND REQUEST FOR APPROVAL OF A DEVELOPMENT PLAN FOR A PHASE ONE DEVELOPMENT, CONSISTING OF A CLUSTER OF FIVE COMMERCIAL BUILDINGS, TOTALING 39,700 SQUARE FEET, ON A 6.65 ACRE PORTION OF THE LARGER PAD, LOCATED ON THE WEST SIDE OF ORACLE ROAD BETWEEN FIRST AVENUE AND TANGERINE ROAD, PARCEL NO. 220-08- 001L 05/19/04 Minutes,Council Regular Session 7 Community Development Develo ment Director Brent Sinclair showed an overhead map depicting the Steam Village PumpVilla e Site and reviewed the history of the Steam Pump Village Planned Development He then reviewed an overhead of Phase I (6.65 acres) of Area D ment Planp thepro� reported project. Mr. Sinclair re orted that Phase I would include five buildings totaling 39 700oss square feet, 5,000 square feet of amphitheater-type space, and adequate � q parking.. He also stated that this Phase is in compliance with the Steam Pump Village PAD and meets or exceeds the Oracle Road Scenic Corridor Overlay District (ORSCOD). Mr. Sinclair also explained that only Phase I would be graded at this time. Two accesses are beingprovided to the site from Oracle Road with one access being signalized. He further reported that the Development Review Board considered the Phase I Development Plan on April 13, 2004 and recommended approval with conditions. (Mr. Sinclair reviewed DRBs recommended condition which states "The Applicant shall activelypursue a cross-access roadway agreement with the adjoining property owner to the south, as shown on the Phase 1 Development Plan. All associated improvements must be established to the edge of the property line.") Mr. Sinclair then reviewed an overhead map g deP ictin the Master Development Plan (MDP) and how Phase I would be integrated into the entire Plan. Town Manager Chuck Sweet reviewed his analysis of the MDP, and stated that he has concluded the following: Item 1) The MDP requirement is beyond the scope of Section 4-201; 4-204; and 4- 205 of the Zoning Code Revised. -- The Zoning Code has not been amended to reflect these sections and he feels that the Town Staff is without authority to use Section 4- 201 Development Committee to require a Master Plan on this project. Item 2) The MDP requirement by Town Staff does not take into consideration the Economic Development Agreement (EDA)between the Town and Steam Pump Investors entered into in August 2002.--The EDA contemplated the Steam Pump J Pro Village Project being built in four phases with no requirement other than the existing PAD top roduce a Master Plan. It would therefore,be appropriate for the Town to require Master Planning documents that would be in conflict with this EDA. Item 3) The MDP requirements by Town Staff are unnecessary due to the existing Steam Pump Ranch PAD as the PAD document that governs the zoning and development guidelines for the Steam Pump Village Project is extensive. FURTHER DISCUSSION followed regarding: ■ Staff did not intentionally overlook or ignore these specific documents. Now considering Code changes that would reflect the actual processes as staff works through MDPs. • PAD governs site which makes the MDP redundant. ■ All Phases must fit, or they will not be approved. ■ MDP creates an interface with neighboring properties (sewer connections, etc.) • Concerns expressed about requiring a MDP in a PAD. ■ Cross connection, would help the traffic movement remain internal to the site. 05/19/04 Minutes,Council Regular Session 8 ■ Traffic lights have been studied by Arizona Department of Transportation. Also, recommendations have been made that traffic from the southern historic property travel north to the traffic light to access Oracle Road. Kevin Morrow, Architect, representing the applicant, Diamond Ventures,reviewed the Phase I Development Plan. He stated that the architecture will consist of native rock, smoothp laster, copper, woods,patina store fronts and the plaza will landscaped with native stones and sandstones. He stated that he is confident that they would be able to provide connectivity between all the Phases of the project. Mr. Morrow further reported that their sewer plan,water plan, a trails plan and a landscape plan that address the entire project have been reviewed. In response to a question from Council Member Abbott, Mr. Morrow explained that Steinway Pianos (Mr. Simmons) is a partner in the development of two of the buildings and the common area in the middle. He stated that Mr. Simmons is committed to bringing an entertainment venue to Oro Valley. Mary Beth Savel, Lewis and Roca, 1 S. Church,representing the applicants, stated that Steam Pump Ventures LLC is in agreement with the Town Manager's alternative recommendation regarding the requirement for the Master Development Plan. She stated that the Steam Pump PAD would be able to handle the development of the future Phases. She also stated that they support the Development Review Boards recommendation for the cross access issue in Condition 4 which states that "the Applicant shall actively pursue a cross-access roadway agreement with the adjoining property owner to the south, as shown on the Phase 1 Development Plan. All associated improvements must be established to the edge of the property line." She stated that this is not just a question of cross access but includes issues such as cost sharing on the development of the circulation, maintenance costs and sharing, insurance costs, liability, etc. with the neighbors to the south. Ms. Savel also addressed Condition 6 and asked that the reference to the 66 inch storm sewer be removed to allow them to work with the Town Engineer and Pima County. She stated that the size may change once they address the entire project's requirements. In response to concerns expressed by Council Member Johnson regarding the cross access,Ms. Savel stated that the applicant is committed to working out the cross access with the neighbor to the south. She stated that approvals of the future Phases will also come before the Council for approval so the cross access issues can be reviewed to insure that traffic circulation is properly addressed. Mayor Loomis suggested adding a requirement to Condition 4 which would state that "No Certificates of Occupancy will be issued for Phase II until an approved cross access easement was in place"to alleviate Council Member Johnson's concerns. (Ms. Savel stated that this would be acceptable to the applicant.) MOTION: Council Member Johnson MOVED to APPROVE OV 12-03-16, the Steam Pump Ranch Phase I Development Plan subject to the conditions described in Exhibit "A"with the following additions/changes: The language provided by the Development 05/19/04 Minutes,Council Regular Session 9 Review Board for Condition 4 (The Applicant shall actively pursue a cross-access roadway agreement with the adjoining property owner to the south, as shown on the Phase 1 Development Plan. All associated improvements must be established to the edge of the property line) and including a requirement that a successful cross access easement is in p y placeprior toCertificates of Occupancy being issued for Phase II and that Steam any Pump Ranch Planned Area Development (PAD) document and associated exhibits/attachments shall serve as Master Plan guidance for future submittals of Phases II> III and IV Development Plans. Also, the reference to 66 inches will be removed from Condition 6. EXHIBIT A (Amended per motion) 1. The Riverwalk Trail improvements, required by Condition Number 1 to Ordinance No. (0) 00-01 which amended Ordinance No. (0) 99-52, Case Number OV9-99- 111 shall be completed by the Applicant prior to the issuance of a Certificate of Occupancy for any building within the Project site. 2. The Applicant shall actively pursue a cross-access roadway agreement with the adjoiningproperty owner to the south, as shown on the Phase 1 Development Plan. All associated improvements must be established to the edge of the property line. A cross-access easement, acceptable to the Town, must be in place prior to the granting of any certificate of occupancy for Phase II. 3. Pima County Wastewater shall approve the location of the proposed storm water quality basin regarding it's proximity to the sanitary sewer. 4. Pima County Flood Control District shall approve the design and location of the offsite storm sewer. 5. The Applicant shall correct the scale in the title block on sheet 1 to 1"=40'. 6. The Applicant shall provide scuppers across the parking island to drain the parking area north of the building#1 south into the adjacent PAAL. 7. The Applicant shall redesign the loading/unloading space north of building #1 to allow the design vehicle to have a negotiable ingress/egress path. 8. The Applicant shall provide a security barrier at the north end of the proposed storm water basin or change the slope to 4:1. Council Member Abbott SECONDED the motion. Motion carried, 5 — 0. Mayor Loomis recessed the meeting at 9:02 p.m. The meeting resumed at 9:10 p.m. 6.0V12-03-22 REQUEST FOR APPROVAL OF A MASTER DEVELOPMENT PLAN FOR A 17.1 ACRE PARCEL TO BE SUBDIVIDED INTO 17 LOTS FOR DEVELOPMENT OF UP TO 140,990 SQUARE FEET OF RE TAIL/COMMERCIAL BUILDING SPACE IN A C-2 COMMERCIAL DISTRICT, LOCATED ON THE NORTH SIDE OF PUSCH VIEW LANE,WEST OF ORACLE ROAD, PARCEL NO. 224-28-143A } 05/19/04 Minutes,Council Regular Session 10 PlanningZoning and Administrator Bryant Nodine reviewed the location of the property and a conceptual drawingof the Master Development Plan (MDP) and reported that on p June 19, 2002, the Council entered into a Development Agreement with the property owner, Mr. Kit Donley. He reported that the property is zoned C-2 and is 19.8 acres in size. Mr. Nodine explained that the MDP would insure a consistent and congruent development of the 17 lots which would be subdivided and sold to individual business owners or developers (individual development plans would be submitted and must meet Zoning Code requirements uirements and be in conformance with the MDP.) The subdivision q would contain approximately 141,000 gross square feet of retail, restaurant and other PP commercial buildings. He also explained that there is a vehicular and pedestrian circulationp attern and all areas are provided access onto Pusch View Lane (3 access points with one possible traffic signal.) Mr. Nodine further reported that there is a landscape bufferyard along the entire perimeter, a Riverwalk Trailhead, screened parking and two public gathering spaces. He stated that the MDP complies with the Zoning Code Revised and conforms to the General Plan. He also explained that there is still a need to see a Master Architectural Concept Plan which is addressed in Condition 3. The Development Review Board considered the proposed MDP on April 13, 2004 and recommended approval of the project and staff also recommends approval. Discussion followed regarding a cross access to the Shopping Center to the east, changing Condition 5 to reflect the Town staff position verses an individual name, and in g g Condition 2, the determination of a traffic signal would be made before build out of the project and the economic impact is not available until the uses are more clearly defined. Kit Donley, 1980 E. Palisades, applicant, commended the staff and stated that the MDP y � � helped clarify the planning of the project. He stated they are working on the second p common area in association with the trailhead and casual outside dining. He also stated that they are happy to comply with DRB's and staff's recommendations. Paula Donley, 1980 E. Palisades, applicant, stated that they are very excited about this development. They are preserving view corridors for everyone to enjoy. Ms. Donley stated they are working on the Master Architectural Plan and the project will have high standards. Materials will include natural stones, adobes, clay tile roofs, etc. The plan is to invite people into the project, to enjoy the outdoor public areas, etc. Mr. Donleyalso explained that one road connects to the shopping center to the north and � will be paved and the easement will be put in place so that when agreements are reached with the developers of the center to the north, the roadway can be put through. MOTION: Council Member Johnson MOVED to APPROVE OV 12-03-22 Master Development Plan subject to the conditions described in Exhibit "A"with a change to Condition 5 to designate the "office"rather than the individual, and with a change to Condition 2 to state that if a traffic signal is justified at the completion of the project at 05/19/04 Minutes,Council Regular Session 11 intersection of the proposed middle access the developer/property owner shall install the p p the signal at their expense. EXHIBIT A (Amended per motion) The parkingand loadingspaces provided within the Master Development Plan, as 1. reflected in the spaces provided within individual Lots and within common areas, shall meet the parkingand loading zone requirements of Chapter 27 of OVZCR for the uses shown on the Plan. As the individual Lots are developed per an approved Development Plan, the Master Development Plan shall be amended and updated, as appropriate,ro riate to reflect the build-out of the Project over time and each iteration shall meet thep rovisions of Chapter 27, or the Applicant shall follow the standard procedures for seeking and justifying a variance. 2. priorcompletion to the com letion of the project, a traffic signal is warranted at the intersection of thero osed middle access, the developer/property owner shall install p p the signal at their expense. 3. The Applicant shall submit a set of design standards and guidelines and general building elevations, tailor-made for this MDP and meeting the provisions and guidelines of OVZCR Chapter 16, with emphasis on consistent 5-sided design and full screening of mechanical equipment. This set of guidelines, called a Master Architecture Concept Plan (MACP) shall be submitted with the first architectural submittal for any Lot within the development, or earlier. 4. The Applicant shall incorporate an additional public gathering space into the Project which shall be larger than the current 2,400 square foot "oasis" feature located at the terminus of the main entry road. This public gathering space shall be designed to be "pedestrian-friendly" with seating, landscaping, and appropriate shade facilities (which could include trees). 5. The Applicant shall revise Sheet 2 of the MDP to correct the note that refers to the trail head and trail connection to state: A. "Per Agreement with TOV Parks and Recreation Division Administrator thero osed trail head will not be required to be developed by the Applicant until p p the Town completes this portion of the Riverwalk Trail, or Lot 5 is developed, whichever is first."; and B. "Future Trail Head Connection: A connection to the trail head from the Riverwalk Trail will be made by the Town pursuant to a$ 5,000 contribution by the Applicant to the Town to cover costs of this improvement." Council Member Rochman SECONDED the motion. Motion carried, 5 —0. 7. OV12-03-23 REQUEST FOR APPROVAL OF A DEVELOPMENT PLAN TO CONSTRUCT A 6,000 SQUARE FOOT RETAIL BUILDING,LOCATED AT THE SAFEWAY VISTOSO SHOPPING CENTER ON THE NORTHEAST CORNER OF RANCHO VISTOSO BOULEVARD AND TANGERINE ROAD, PARCEL 223-02-0350 05/19/04 Minutes,Council Regular Session 12 Community Development ment Director Brent Sinclair reviewed an overhead map of the site and reported that the Town Council approved the Development Plan for the Safeway Vistoso Plaza on May 21, 1997. He stated that the proposal is for a 6,000 square foot retail building for the business "All About Running and Walking". He then reviewed the traffic and circulation on the site and explained that two conditions of approval were added that would address installing a three-way stop at the intersection and require the owner to work with the future developer of the property to the north to re-design and improve the PAAL (Parking Area Access Lane). In response to concerns and a question from Vice Mayor Wolff regarding the enforcement of the three-way stop since it is on private property, Mr. Sinclair stated that it impacts the entire site, all parties are involved,but Safeway would be the one who would be the primary initiator. Ron Ramirez, Acorn Architects, representing the applicant, stated that they concur with the conditions of approval. He stated that their building will sit about 25 feet back from the curb and they will work to initiate the three-way stop. In response to a question from Council Member Abbott regarding a blind spot caused by landscaping,Mr. Ramirez confirmed that they will be removing some existing trees to help alleviate the problem. Further discussion followed regarding the three-way stop: • Possibly relocating the intersection further to the north. • Should some of these changes to the intersection be connected to this development? • The original sighting of an existing building is the main problem (can not move building.) • Possibly close one section of road (can not do this because of fuel deliveries to the Safeway Fuel Station.) • Most people honor stop signs even on private property. • Problem exists whether this new development is built or not. • Only option for now is the three-way stop sign. When development to the north comes in, can work with them to possibly relocate the main roadway access. • Possibly adding speed bumps to slow traffic down before reaching stop signs (good issue to propose to Safeway.) MOTION: Vice Mayor Wolff MOVED to APPROVE OV12-03-23, Development Plan for"All About Running and Walking", subject to the conditions listed in Exhibit "A". EXHIBIT A 1. Provide a letter from the Owners Association or Management Company that acknowledges the construction of the proposed building in the vicinity of the 42-inch storm drain. 2. For the short term, Safeway has to agree to and will install a three-way stop at the intersection of the entry drive and north/south PAAL. 05/19/04 Minutes,Council Regular Session 13 3. The owner(s) to ensure adequate site visibility, at the time of development on the northerly pp Y ro ert , will work with the developer to re-design and improve the adjacent intersection PAAL as specified by the Town Engineer. Council Member Rochman SECONDED the motion. Motion carried, 5 —0. 9.PUBLIC HEARING—ORDINANCE NO. (0)04-17 AMENDMENT TO THE TOWN OF ORO VALLEY 1996 GENERAL PLAN TO CHANGE THE LAND USE DESIGNATION FROM RURAL LOW DENSITY RESIDENTIAL TO LOW DENSITY RESIDENTIAL FOR LOT 16 OF THE LINDA VISTA CITRUS TRACTS,LOCATED %MILE WEST FROM THE INTERSECTION OF LINDA VISTA BOULEVARD AND EGLESTON DRIVE, PARCEL 225-11-2370 Planning and Zoning Administrator Bryant Nodine reviewed an overhead location map of the Bill Dallman property and surrounding properties. He reported that surrounding properties are zoned R1-7 and R1-36. The CDO High School recreational fields lie to the south, and two parcels (Felker and Polito properties) to the east are currently under review and the applicants are proposing a General Plan amendment for one acre lots to the east and one three acre lot on the western side of the property(currently designated as Rural Low Density in the General Plan.) Mr. Nodine stated that the applicant is requesting a General Plan amendment from Rural Low Density Residential (0—0.3 units per acre) to Low Density Residential (LDR 0.4 - 0.5 unitsp er acre.) If approved, the applicant would request a rezoning to create three lots that are approximately 85,000 square feet in size (next item on the agenda.) Mr. Nodine then briefly reviewed the Four Findings of Fact related to a General Plan Amendment and the staff analysis of the request. He reported that there are two aspects of this application; development controls and transitions between discernible areas. He stated that: ■ Thep roposed project would provide benefit to the neighborhood in that it would provide controls that are not available in the Zoning Code (particularly relating to grading.) ■ The applicant's proposal would not provide a gradual transition between the properties including the higher density to the east and the lower density to the west. The analysis could change considerably depending on the action on the Felker and Polito properties. ■ The proposal is in conformance with the General Plan. ■ Current land use map provides optional sites, spread throughout the Town and about half of them are currently developed or have plans for development. ■ There are virtually no immediate impacts as a result of this amendment that would adversely impact the community. It is compatible with the adjacent properties and surrounding area and would preserve approximately 80 percent of the existing natural land and would maintain the characteristics of a rural residential area. 05/19/04 Minutes, Council Regular Session 14 Mp r. Nodine reported that the Planning and Zoning Commission recommended denial of the request at their April 27, 2004 meeting. Staff recommends approval of the proposed q p amendment,with a limit of two lots, based on the following: Factors For: If the development is limited to two lots instead of three, it would be compatible with the general characteristics of the area; it meets Findings of Fact#2 and p #4, and it meets the mentioned General Plan Policies and achieves a"Smart Growth" objective byencouraging infill development in areas with complimentary infrastructure. Factors Against: It does not fully meet Finding of Fact#1; however, if a two lot split with one home on 2.98 acres is achieved it would better meet the development patterns in the area and this Finding, and it does not fully meet Finding of Fact#3. At the request of the Council, Mr. Nodine reviewed the location of the Felker and Polito properties and stated that their properties are just less than 10 acres in size. He also stated that in thep roposed General Plan, the Felker property has a LDR2 designation and the Politop roperty was designated as LDR1 with RLDR on the western portion. Bill Dallman, 755 W. Vistoso Highlands Drive, stated that his proposal is for custom home two-acre lots that would preserve 80 percent of the desert. He stated that this is the kind of low density, high quality controlled growth the citizens of Oro Valley approve of. He stated that the land is zoned Rural and is perfect for an urban in-fill. Mr. Dallman reviewed the zoning on the surrounding properties, the transition to the surrounding properties, the Four Findings of Fact, and a drawing depicting the layout of his proposed lots. Mayor Loomis recessed the meeting at 10:20 p.m. The meeting resumed at 10:26 p.m. Mayor Loomis opened the public hearing. The following people spoke against the General Plan amendment request citing reasons as it is "spot rezoning"to a higher density, it is difficult to evaluate without considering the Polito and Felker cases, it is dangerous to set a precedence, the want to leave the neighborhood as it is, were told that zoning would not change when they moved in, does not meet the General Plan's Findings of Fact, the neighbors do not support the amendment, and the factors against the amendment outweigh the factors for it: Carl Kuehn, 9250 N. Calle Loma Linda Mike Arnold, 180 W. Linda Vista Terry Parish, 1311 W. Tee Up Way Gerald Korte, 460 W. Linda Vista Bill Adler, 10720 N. Eagle Eye Place Mayor Loomis closed the public hearing. MOTION: Council Member Abbott MOVED to DENY Ordinance (0)04-17, OV 11-04, aro osed General Plan Amendment to change the land use designation from Rural Low p p 05/19/04 Minutes, Council Regular Session 15 DensityResidential (0-0.3 DU/ac) to Low Density Residential (0.4— 0.5 DU/ac) finding that it does not meet the Four Findings of Fact. Mayor Loomis SECONDED the motion. DISCUSSION FOLLOWED regarding: Linda Vista Citrus Tract is a very old subdivision and property owners have been very protective of their community and zoning, the community provides a significant rural character in the Town and was protected in the proposed General Plan, placing less compatible uses in the center of the area is not right, and would two houses verses three houses destroy the character of the neighborhood or the lifestyle of the neighbors? Also, the surrounding property owners and lots were further reviewed. MOTION TO DENY FAILED, 1 —4 with Vice Mayor Wolff, Council Member Abbott, Council Member Johnson and Council Member Rochman opposed. MOTION: Council Member Abbott MOVED to CONTINUE this item to the next meeting. MOTION FAILED due to a Lack of a Second. MOTION: Council Member Johnson MOVED to ADOPT Ordinance (0)04-17, OV 11- 04-01, a proposed General Plan Amendment to change the land use designation from Rural Low Density Residential (0-0.3 DU/ac) to Low Density Residential (0.4—0.5 DU/ac) with a condition to be specified on the rezoning for a maximum of three lots to be utilized on this parcel and adding a deed restriction. Vice Mayor Wolff SECONDED the motion. Mayor Loomis stated that he would vote in favor of the motion so it can be reconsidered at the next meeting. Council Member Abbott stated that this would be the wrong thing to do for this property and she would vote in favor also so it could be reconsidered. Motion carried, 4— 1, with Council Member Johnson opposed. (A MOTION FOR RECONSIDERATION OF ITEM 9 WAS MADE FOLLOWING ITEM 10.) 10.PUBLIC HEARING —ORDINANCE NO. (0)04-18 REQUEST FOR REZONING FROM R1-144 TO R1-72, ONE RESIDENCE PER 72,000 SQUARE FEET FOR LOT 16 OF THE LINDA VISTA CITRUS TRACTS, LOCATED 1/4 MILE WEST FROM THE INTERSECTION OF LINDA VISTA BOULEVARD AND EGLESTON DRIVE, PARCEL 225-11-2370 Planning and Zoning Administrator Bryant Nodine reported that the majority of the discussion for this item took place in the prior Agenda Item (#9). He reported that staff recommends approval with a limit of two units. He stated that the Planning and Zoning Commission voted to recommend denial of the rezoning request on the Dallman property at their April 27, 2004 meeting. Mr. Nodine also stated that approval of this item would require a super majority vote of the Council because there was an opposition of at least 40% of the surrounding property owners. 05/19/04 Minutes,Council Regular Session 16 110 (At the request of Mr. Dallman, Mayor Loomis explained the action that took place in Item 9.) Bill Dallman, 755 W. Vistoso Highlands Drive, stated that he would be amenable to a two lot compromise. He also stated that three of the Council Member-Elects spoke against him incorrectlyat the Planning and Zoning Commission meeting and he would ask them to recuse themselves at the Reconsideration of his items. He then reviewed his request and the zoning designations of the surrounding properties. Mayor Loomis opened the public hearing. Carl Kuehn, 9250 N. Calle Loma Linda urged the Council to deny the rezoning. Mayor Loomis closed the public hearing. MOTION. Council Member Abbott MOVED to CONTINUE this item until the July 21st meeting. MOTION FAILED due to a Lack of a Second. MOTION: Council Member Abbott MOVED to DENY Ordinance (0)04-18 OV9-03- 3 0 Dallman rezoning from R1-144 to R1-72. Mayor Loomis SECONDED the motion. Motion carried, 3 —2,with Vice Mayor Wolff and Council Member Johnson opposed. RECONSIDERATION OF ITEM 9 MOTION: Council Member Rochman MOVED to RECONSIDER Item 9 in view of Mr. Dallman's offer to consider 2 homes. Council Member Johnson SECONDED the motion. At the request of Council Member Abbott, Mayor Loomis recessed the meeting at 11:15 p.m. The meeting resumed at 11:22 p.m. MOTION for Reconsideration CARRIED, 4— 1, with Council Member Abbott opposed. MOTION: Council Member Abbott MOVED to CONTINUE reconsideration of Item 9 to the July 7, 2004 meeting. MOTION FAILED, 2 — 3,with Vice Mayor Wolff, Council Member Johnson, and Council Member Rochman opposed. MOTION: Council Member Rochman MOVED to SUSPEND the rules. Council Member Johnson SECONDED the motion. MOTION FAILED, 2—3 with Mayor Loomis, Vice Mayor Wolff and Council Member Abbott opposed. MOTION: Mayor Loomis MOVED to CONTINUE reconsideration of Item 9 to the June 16, 2004 meeting. Vice Mayor Wolff SECONDED the motion. MOTION CARRIED, 5- 0. 05/19/04 Minutes,Council Regular Session 17 11. REQ VEST FOR EXTENSION OF LANDSCAPE COMPLETION FOR OV12- -.41) 0206, E LA CANADA/LAMBERT LANE DEVELOPMENT (BEZTAK PROJECT) Community Development ment Director Brent Sinclair reviewed the Council Communication andp reported that the Town Council approved the grading exception for this project on March 5, 2003 and on June 25, 2003, the Council approved the Development Plan, Landscape Plan and Architecture Plan. He explained that the grading exception and the Landscape Plan both contained a condition that the perimeter landscaping had to be installed and completed by June 1, 2004. The applicant has requested a six month extension on this condition and Staff is recommending a 3 month extension. In responsequestion from Council Member Abbott regarding the under-grounding of to a utilities, Town Engineer Bill Jansen explained that this requirement was a requirement of a grading waiver relative to the removal of the hill. es onse to aquestion from Mayor Loomis, Town Attorney Mark Langlitz explained Inr p y that if the extension is denied, the applicant would have until June 1St to complete the perimeter landscaping. If the landscaping was not completed by this date, the applicant would lose theg rading exception to take out the hill. The applicant would then have to reapply 1 or the matter would revert back to the prior grading exception which permitted the applicant to remove the top ten feet and then sculpt the hill down. The applicant would also have to submit grading plans consistent with the prior grading exception. In addition, the applicant would have to revise their Development Plan and the Landscape 40 Plan to adjust for the new entrance way(both items would have to go back through the Development Review Board and Town Council for approval.) Mr. Jansen explained that the under-grounding of the utilities came forward in the grading waiver conditions. Larry Wilkenson,representing Beztak Companies, stated that they requested a 180 day extension as they anticipate getting final architectural plan approval around June 7th,lender firm commitmenty around Jul 21st, and loan closing around August 30th. This would allow them two months to complete the grading and perimeter of the residential portion of the project (eastern and southern portion of the project) which would be around 1st. through November 1 . This would take about 150 days, so 90 days would not get them thep rocess. He explained that they are prohibited by the lender to proceed with improvements to the site ahead of the loan closing. He also explained that the residential and commercial components are being financed by two separate lenders. Mr. Wilkenson stated that theyare actually ready to move forward with the commercial component in about 30 days if they could get relief on the conditions that require them to grade the whole site at once. Mark Simon, Attorney from Snell and Wilmer, representing the applicant, stated that the plansp for the apartments are not yet approved; however, the plans for the commercial pp are component approved. He stated that the plans for the apartments have to be approved P 1110 and ready for permits before the lender will approve the plans. He stated that any work 05/19/04 Minutes,Council Regular Session 18 would break priorityfor the lender's lien; therefore, the project would on the apartments become unfinanceable if work commences on the property. The client can not break the priorityby starting work on that portion of the project. DISCUSSION FOLLOWED regarding: • Timing of the request. • Why wasn't one year long enough? ■ W ould have to amend conditions to allow the commercial component before the residential. This Agenda Item would have to be readvertised and placed on a new agenda. he floor for public comment. The following people spoke Mayor Loomis opened t against the extension citing reasons as prior agreements made on this site were not honored, developers agreed to develop the entire site, site was mass graded, trucks and g are equipment parked on the site,no screening yet, no mitigation of dust, developer can start over if they can not meet their agreements. Terry Parish, 1311 W. Tee Up Way Jerry Roberts, 10280 N.Camino Val de Flores Conny Culver, 10503 N Fairway Vista Lane Jeff Weatherford, 341 W. Ajax Peak Mr. Simon stated that these were extremely difficult conditions to meet and the developer can only do the best they can do. He stated that there were three difficult components to theJro j ect. He stated that it is unfair to ignore what the client has tried to do id) p (commercial pp ,is approved, apartments are ready for approval, deposit for undergrounding p of utilities is ready.) Discussion followed regarding the background of the developer,the fact that it appears that nothinghas been done on the site (The applicant pointed out that hydro-seeding has taken place several times, trees have been stored and Borderland Construction has received a permit from the Town to store their trucks on the site for Town roadway work.) Mr. Wilkenson further reviewed the timing of the project. MOTION: Council Member Abbot MOVED to DENY OV 12-02-06 and OV 12-02-06A extending the completion date for the perimeter landscaping to September 1, 2004. Council Member Rochman SECONDED the motion. DISCUSSION FOLLOWED regarding the fact that if this item is denied, and the landscaping isnot completed by June 1, the item must be resubmitted and go back p g through all the Town process for approval and an older bond is still in place for landscape g restoration. AMENDMENT TO THE MOTION: Mayor Loomis asked to amend the motion to state that this item be CONTINUED to June 16, 2004 with the inclusion that the 05/19/04 Minutes,Council Regular Session 19 be extended and completed by June 16th also that more perimeter landscaping p information be made on the alternatives. Council Member Abbott agreed to the amendment but Council Member Rochman did not. SUBSTITUTE MOTION: Mayor Loomis MOVED to CONTINUE this item until June 16th including the extension of the perimeter landscape requirement being installed and completed byJune 30, 2004. Council Member Abbott SECONDED the motion. Motion p FAILED 2—3 with Vice Mayor Wolff, Council Member Johnson and Council Member Rochman opposed ORIGINAL MOTION: MOTION to DENY FAILED, 2 -3 with Mayor Loomis,Vice Mayor Wolf and Council Member Johnson opposed. MOTION: Council Member Rochman MOVED to CONTINUE this item to June 2, 2004 with the extension of the perimeter landscaping and grading exception to June 3, 2004. Council Member Abbott SECONDED the motion. MOTION CARRIED, 3 —2 with Vice Mayor Wolff and Council Member Johnson opposed. TOWN MANAGER'S REPORT—No report. COUNCIL REPORTS—Council Member Abbott reported that Project Graduation was ag reat success. She stated that it was a lot of fun and hoped that they could do it again next year. DEPARTMENT REPORTS—No report. CALL TO AUDIENCE—No speakers. ADJOURNMENT MOTION: Council Member Rochman MOVED to ADJOURN at 12:15 a.m. Council Member Abbott SECONDED the motion. Motion carried, 5 —0. Respectfully submitted, Roxana Garrity, CMC Deputy Town Clerk I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular session of the Town of Oro Valley Council of Oro Valley, Arizona held on the 19th day of May 2004. I further certify that the meeting was duly called and held and that a quorum was present. r r Dated this day of , 2004. Kathryn E. Cuvelier,CMC Town Clerk THE MINUTES FROM THE MAY 10TH AND MAY 19TH MEETINGS WILL BE DELIVERED AS SOON AS POSSIBLE MINUTES ORO VALLEY TOWN COUNCIL V 4 ")..„1,, BUDGET STUDY SESSION MAY 12, 2004RSM ORO VALLEY COUNCIL CHAMBERS ` 11,000 N. LA CANADA DRIVE STUDY SESSION: AT OR AFTER 4:30 p.m. CALL TO ORDER: 4:35 p.m. PRESENT: Paul Loomis, Mayor Werner Wolff, Vice Mayor Paula Abbott, Council Member Dick Johnson, Council Member Bart Rochman, Council Member BUDGET & BOND COMMITTEE PUBLIC WORKS LIAISONS: Lyra Done, Vice Chair Bob Schlichting, Member STAFF PRESENT: Chuck Sweet, Town Manager David Andrews, Finance Director Joseph Meyer,Management &Budget Analyst Roxana Garrity, Deputy Town Clerk Mark Langlitz, Town Attorney Bill Jansen, Town Engineer Jim Hossley, Storm Water Division Administrator Jose Rodriquez, Engineering Division Manager Craig Civalier, Civil Engineer III Ainsley Reeder, Parks and Recreation Administrator Steve Schmidt, Park Maintenance and Facility Supervisor Town Engineer Bill Jansen introduced Chuck Kidwell, the Town's new Transit Service Administrator. 1. REVIEW OF PUBLIC WORKS DEPARTMENT Town Engineer Bill Jansen highlighted that the Town is experiencing a heavy construction period including the Tangerine Road Improvements, La Canada Drive Extension, widening of La Canada Drive, Pusch View Lane Bridge and extension, First Avenue Bridge and the realignment of La Cholla and Tangerine Road. He stated that they are requesting additional personnel in the Town Wide Roadway Improvement Budget to assist in construction management (two Technicians to be available on the projects, a Construction Clerk and a CIP Designer.) 5/12/04 Minutes,Town Council Budget Study Session 2 A. Highway Fund - Page 283 Mr. Jansen and Jim Hossley, Storm Water Division Administrator, reviewed the Highway Fund Budget. • Four new positions—2 for Signing and Striping to help cover all newly annexed roadways and 2 for Landscape Maintenance. o Town would assume responsibility of more medians,weed spraying on some arterial roads, etc. instead of contracting out. o Town would also assume more medians, shoulders, etc. on new roadways segments (including irrigation,multi-use paths, artwork as placed on new roadways, tunnels under Tangerine Road, drainage, etc.) o Would acquire about 2 Y2 acres of open space for each mile of newly built roads which will equal about 20 linear miles of shoulders and medians to maintain plus approximatelyl0 miles of multi-purpose lanes over the next 4— 5 years. ■ End costs in 4— 5 years when build out is complete: • Cost of contracting out landscaping, irrigation and sweeping along multi-use paths- $7,800 per mile per year. Median and shoulder work (landscaping and irrigation) - $6,600 per mile per year. Total cost per year—approximately$263,000 per year. • Town could maintain same areas at an initial cost of $72,000 (includes salary and overhead)with additional supply costs of$1,000 for first year, start up cost for truck and other equipment would be approximately $20,500. Items discussed: • "Straight lining" (economy of scale) for maintenance costs per mile. • Town is paying $8,900 for one mile per year for the La Canada Drive median maintenance. If the Town maintained the same median it would be about $6,600 (economy of scale figured in costs.) • New crew would come on board January 2005. They would be trained and certified and would be ready by next June to take over the maintenance which would work into the timing of the one year landscape warranty of the new portion of Tangerine Road. o Parks and Recreation staff consists of 6 people with 2 park monitors who provide backup when needed. Current contract for landscaping at the park and Town Hall (not including the Library and not including tree trimming) is $98,000 (the new contract goes out for bid in June.) o Parks employees are in constant training for chemical usage, irrigation, tree trimming, etc. Try to provide Parks crew with as much training as possible as knowledge on chemicals, irrigation,products, etc. change constantly. 5/12/04 Minutes,Town Council Budget Study Session 3 ■ Initial cost estimates for Landscape Technicians might be too low, considering cost of gasoline, irrigation costs, etc. • Can twop eople maintain 13.4 miles of shoulders, 11.2 miles of median and 13.2 miles of multi-use path? (Would utilize street crew when needed.) • Warranty periods on new roadway landscaping verses budget request for new employees (Budget request is for a half year.) • Set Study Session for late summer or early fall to further discuss a 5 year plan for cost of contractors for landscaping of medians verses cost of the Town employees performing work and feasibility of consolidating landscaping services into one department. • Possibly place new personnel request in"Parking Lot" for future consideration. ■ Come back with cost of a person to manage/coordinate Town roadway landscaping requirements for the upcoming year. (Would then be able to train Town personnel while the contractors are still working for the Town.) ■ Arizona Department of Transportation (ADOT) does not maintain any median landscaping; therefore, the Town would have to take on any maintenance for new medians. ■ Page 287 —Capital Outlay, approximately$500,000 is a carry-over from this past Budget from the Calle Concordia Safety Project as they are still working on Environmental Clearance through ADOT. Also, additional request in the Capital Outlay reflects the new projects with the new Construction Sales Tax increase. (Page 291 identifies specific projects.) Staff to bring back breakdown of capital outlay for Highway Fund (to include carry-over of funding for new Sound Wall along portion of Oracle Road in newly annexed area.) ■ GPS use throughout the Town. (Work on establishing Town policy for use of common tools/equipment.) ■ Provide estimates for additional expenditures for Oracle/Magee-Annexation "B" area—create a plan for this area. ■ Next fiscal year's budget will address most deficiencies in Annexation Area"B". ■ Provide breakout of Heavy Equipment Operators and Mechanics (3 Operators and 1 Mechanic.) ■ Personnel classifications - renamed per results from Townwide Compensation and Benefits Study. B. Townwide Roadway Development Impact Fees - Page 301 ■ New format—Major projects over$1 million have been broken out into specific budget items. ■ Page 306 - Reconcile Office Lease Line Item. C. Transit Services Division - Page 312 ■ Budget remains the same as last fiscal year with the exception of increase in gasoline. ■ Replacement vehicles are auctioned off. Research whether the Town can buy the van(s)back for site tours, etc. ■ Page 313 —Flex funds for vehicle replacement from Federal Highway Association - not expecting any decrease in funding at this time. 5/12/04 Minutes,Town Council Budget Study Session 4 ■ Sun Tran Services funding and route service planning. IGA regarding Sun Tran Services with the City of Tucson—Set future Study Session on this item. D. Public Works General Fund - Page 325 • Budget remains the same as last fiscal year. • Increase in activities relative to new commercial projects. • Page 329 - Telecommunications - Telephone services coming out of the General Budget. E. Custodial/Facility Maintenance - Page 334 ■ Custodial Services - added Service Center and Library. F. Stormwater Utility - Page 343 • Storm Water Utility is not fully funded in this Budget but will meet current requirements. ■ Funding from Pima County Flood Control District is being reviewed by the District. ■ Capital projects—Monies would not go through the Town's budget. ■ Provide a Budget that would identify and fund all requirements and in comparison,provide a Budget that would identify what we can actually do with known available funds. • Page 334—Reconcile Cash Carry Forward line item. G. Oracle Road Improvement District - Page 354 • No discussion. H. La Canada Extension Construction Fund - Page 363 ■ No discussion. I. First Avenue Widening Construction Fund - Page 376 • Request to transfer $100,000 from First Avenue Bridge Construction Fund to Pusch View/Lambert Lane Extension Construction Fund as Town will not be spending those monies this year on the First Avenue Project. ■ Pusch View/Lambert Lane Extension Construction Fund is higher than expected due to rise in steel and concrete costs. ■ PAG monies are locked in. The Town will not lose these monies if they carried over from year to year for the project. res onse to a question from Council Member Johnson regarding Tangerine Road to (In response La Cholla Boulevard improvements, Mr. Jansen explained that the plan for widening this portion to 4 lanes is about 4—5 years out. However, if enough monies are available from the current Tangerine Widening Project, he hopes to go west with an interim overlay and shoulder project.) 11 5/12/04 Minutes,Town Council Budget Study Session 5 J. Pusch View/Lambert Lane Extension - Page 382 ■ Transfer $100,000 from First Avenue Bridge Construction Fund to Pusch View/Lambert Lane Extension Construction Fund K. CDO Linear Park Construction Fund - Page 388 ■ Kick-off meeting and design will begin in a couple of weeks. Numerous public sessions will be held during the design process. Consultant on the project is ready to move forward. ADJOURNMENT MOTION: A MOTION was made by Council Member Abbott and SECONDED by Council Member Johnson to adjourn at 6:30 p.m. Motion carried, 5 —0. Respectfully submitted, Roxana Garrity, CMC Deputy Town Clerk TOWN OF ORO VALLEYIR COUNCIL COMMUNICATION MEETING DATE: June 2,2004 TO: HONORABLE MAYOR & COUNCIL FROM: Robert Jacklitch, Project Manager SUBJECT: Resolution No. (R)04-51 A Resolution of the Town of Oro Valley,Pima County, Arizona Authorizing a Construction Contract between the Town of Oro Valley and KE&G Development, LLC to Construct the North Oracle"D"Zone 12-Inch Transmission Main. SUMMARY: Per the direction of Mayor and Council through the 2003-2004 Capital Improvement Budget of the Oro Y Valley Wate plansspecifications Utility, and s ecifications were provided for the acceptance of public bids for the following project: Project No. OV21-04-02 North Oracle"D" Zone 12-Inch Transmission Main Oro Valley Water Utility The following bids were submitted: 1. KE&G Development LLC $462,040.00 2. Trinity Southwest Contractors $483,923.00 3. Maverick Underground, Inc. $568,447.97 4. NAC Construction $569,913.00 ThisJro'ect consists of installing over 5,800 linear feet of 12-inch water main extension from Water Plant No. 1 in the P vicinity Tangerine Tan erine and Oracle Road to an existing "D" zone main near Rams Field Pass. The main extension will increase fire flow capacity and add system reliability for surrounding neighborhoods and future development. The p Y contractor will be open trenching through the Canada Del Oro (CDO) Wash and will bore beneath the soil cement bank protection per Pima County Flood Control District. ThisJro'ect determined by the Department of the Army — "Corps of Engineers" under Section 404 of the Clean Water p Act, complies with the terms of Nationwide Permit No. 12 and will temporarily impact 0.17 acre of waters of the US. TheJro'ect will be constructed according to Oro Valley Potable Water Standards, Tucson Water Standards, and American p Water Works Association and in accordance with Pima County Department of Environmental Quality Standards. This improvement is identified in the first year of our five year capital improvement plan and in the Oro Valley Potable Water System Master Plan 2003. The Utility's current year budget is $620,000.00. The engineer's estimate is $884,994.00, and is $346,000.00 higher than the lowest bidder in three main areas: contingency, general conditions and pipe material. ATTACHMENTS: Attachment A Resolution No. (R) 04- 51 Attachment B Bid Opening Tabulation Attachment C Location Map EXHIBIT: Exhibit 1 Now Contract TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: June 2,2004 FISCAL IMPACT: The lowest bidder was KE&G Development, LLC with a bid of $462,040.00. The engineer's construction cost estimate is $884,994.00. Construction will be funded by using senior lien water project revenue bonds, series 2003. RECOMMENDATIONS: A We recommend the award of Contract No. OV21-04-02 to KE&G Development, LLC with the lowest bid in the amount of$462,040.00. Director to prepare a Notice of Award to KE&G Development, LLC and transmit said B. Direct the Water Utility p p Notice along with the Contract Agreement and Bond forms for execution. C. Direct the Water UtilityDirector to issue the Notice to Proceed in accordance with the requirements of the Contract Agreement upon the receipt of the Contract Agreement. D. Authorize the Water UtilityDirector to execute Contract Change Orders and/or Supplemental Agreements incidental to the prosecution of Work. E. Direct the Town Clerk to hold the bid bonds from all bidders until such time that a Contract Agreement has been executed. SUGGESTED MOTION: The Mayor and Council may wish to consider one of the following motions: . approve ResolutionR 04-51 A Resolution of the Town of Oro Valley, Pima County, Arizona Authorizing I move to ( ) a Construction Contract between the Town of Oro Valley and KE&G Development, LLC to Construct the North Oracle "D"Zone 12-Inch Transmission Main. Or I move to ProjectRe„,84A - 1 / f / 7 / IrMana /M c.-ve..., Nd• , at= 4 tility Dir tor i /- '40,,N_ tezt4.----- Town Manager Attachment A 0.0r% LEY/A.6 4 o -7 rs x Dov �g� NDED Resolution RESOLUTION NO. (R) 04- 51 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, PIMA COUNTY, ARIZONA AUTHORIZING A CONSTRUCTION CONTRACT BETWEEN THE TOWN OF ORO VALLEY AND KE&G DEVELOPMENT, LLC TO CONSTRUCT THE NORTH ORACLE "D" ZONE 12-INCH TRANSMISSION MAIN. 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 Construction Services; and WHEREAS, the Town submitted a Notice Inviting Bids to construct the North Oracle "D" Zone 12-Inch Transmission Main; and WHEREAS, the lowest responsible bidder responding to the Town's Notice Inviting Bids to construct the North Oracle "D" Zone 12-inch Transmission Main is KE&G Development, LLC; and WHEREAS, it has been determined that it is in the best interest of the Town to enter into this agreement, attached hereto as Exhibit No. 1 and by this reference (the Contract) NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona, that the Contract between the Town of Oro Valley, Arizona, and KE&G Development, LLC. 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 and implement the terms of the Contract. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 2nd day of June , 20 o4 • TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn Cuvelier, Town Clerk Mark Langlitz, Town Attorney Date Date Attachment B 1,,‘,..LEYq11'(> , OO OQ` Ai 44.4 tj'\DEr "\!V1 Bid Opening Tabulation -E oo o o © 0, o O - N rt M o OT ' r CT N M 0 \J •,-, `7t 7t- tr) tn ri) Lo EA {zA V) .� Q) a) (3) a) 't� O >-' ›-' ›'' Z � pa.) Q E4 ---.) ,--, Oa a) a) a cA b 4 t) 't 'E" : o - Q.) cA ...c ' 1-/-, w „, • H .4 g U .,..., v� v� V�0-, (:::, A! ,c ct . O O 0 0 i� � ttN � �' 0 ' , ” as V) > A o U ci,_.� b ON ` E-I 0 6.,'^ C r:-.1 " 1.* . e..., V, N ,,-+I-- , 46 6-1 E-4 Wz -1- ct en 8 rn,,, ,.., c, kr, 0 -7t ,., „..,--, UOQ o � ,f,N. �! 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W..,.,..... ....f WM.." .it.... APPROX.SCALE:1 - ii ...E7ra''61°.)22°`-'''' ,. ...,, 1 I Figure 2 EXHIBIT 1 o iS)/ o o ,A, -4t The Contract CONTRACT AGREEMENT PROJECT NO. OV 21-04-02 THIS AGREEMENT, made and entered into by and between the Town of Oro Valley, a municipal _ corporation (the"Town") and K E & G Dev el o pm e n t, LLC , (the"Contractor"). The Town and the Contractor for the consideration named agree as follows: SECTION 1. The complete Contract includes all of the Contract Documents as if set forth in full herein. The Contract Agreement and all Contract Change Orders issued after the execution of the Contract Agreement, Addendum No(s). 1 issued prior to the opening of the bids, the Special Provisions, the Project Plans (Exhibit[s] 0 ), the Standard Plans, the Standard Specifications, the Waterworks Standards, Reference Specifications, the Bidder's Proposal, the Notice Inviting Bids, the Non-Collusion Affidavit, the Performance Bond,the Payment Bond,the Bidders Bond, and the Surety Bond for the one- year guarantee period, all of which are essential parts of this Contract as defined in Exhibit A. In the event of any conflict in these provisions, the terms of the Contract Documents shall control, each over the other, in the order provided. SECTION 2. The Contractor shall furnish all materials, except as otherwise provided in the Plans or Specifications, and will perform all the work for the PROJECT NO.OV 21-04-02 PROJECT NAME: North Oracle "D"Zone 12-inch Transmission Main necessary to complete in a good, workmanlike and substantial manner the work in accordance with the Contract Documents for this Project The Contract documents are specifically referred to and made a part hereof this Agreement. SECTION 3, The Town will pay the Contractor the amount of Four Hundred Sixty Two Thousand Forty yf ($462,040..00) for a base Contract, subject to change of materials and work orders. The Contractor agrees to receive and accept the prices set forth in the Bid Schedule as full compensation for the work required under the bid items awarded by the Town subject to additions and/or reductions of the quantities of the various bid items at the unit prices bid for furnishing all labor and materials and for doing all the work contemplated and embraced under this Agreement;for all loss or damages arising out of the nature of the work or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work, until the work is accepted by the Town;for all expenses incurred by or in consequences of the suspension or discontinuance of work; and for well and faithfully completing the work in the manner and in accordance with the Contract Documents and the requirements of the Engineer under them. SECTION 4. TIME IS OF THE ESSENCE for this Contract. The Contractor agrees to commence work pursuant to this Contract within 7 (seven) calendar days after the date of authorization specified in the Notice to Proceed and to diligently prosecute the same, day to day, to completion within 120 calendar days after the date provided except as adjusted by subsequent Contract Change Order(s). 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 Contractor. The aggregate total of any Change Order(s) shall not exceed 21 Bid Docs 110403 20%of the original Agreement unless specifically authorized by the Town Council in writing. When a Contractor 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 Contractor, it binds the Contractor to complete the work by the extended date designated in the Contract Change Order. The Town can then file suit against the Contractor if the work is not completed by the agreed upon date. If there is more than one extension is agreed to, each extension should follow the same procedure. SECTION 5. If the work to be performed by Contactor for this Agreement is not timely completed, the Contractor shall pay to the Town $ MAO as liquidated damages for each day the work remains incomplete after the scheduled completion date. The scheduled completion date for determining liability for liquidated damages shall be 120 consecutive days from the effective date of Town's Notice to Proceed to the Contractor. For the purpose of determining applicability of liquidated damages, completion time shall be extended only if delay in completion of the work by the Contractor results from an unforeseeable cause beyond the control and without the fault or negligence of the Contractor. SECTION 6. The Contractor agrees to indemnify, defend, and save harmless the Town, its Mayor and Council, the Utility Director, appointed boards and commissions, officials, officers, employees and the Town's insurance carriers, individually and collectively from all losses, claims, suits, demands, expenses, subrogations, attorney's fees, or actions of any kind and nature resulting in the Contractor or any subcontractor employed by the Contractor (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 sole negligence of the Town, its officers, agents or employees. The amount and type of insurance coverage requirements set forth below will in no way be construed as limiting the scope of indemnity in this paragraph. SECTION 7. The Contractor agrees to obtain Insurance Coverage of the types and amounts as required in the Pima County/City of Tucson Standard Specifications for Public Improvements (Standard Specifications) and keep the Insurance Coverage in force throughout the life of this Contract. The Contractor shall furnish the Town with a Certificate evidencing liability insurance policy or policies with the minimum insurance limits as indicated. 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 in any policy. SECTION 8. The Contractor agrees that any inspection by the Town Representative or by other agents or employees of the Town of the work performed are for the purpose of ensuring the technical competence of the work and adherence to other contractual provisions. Inspections are not for the purpose of safeguarding workers on the job, which is the sole responsibility of the Contractor. The Contractor warrants that he/she is fully familiar with all the safety requirements of the Occupational . Safety and Health Act as promulgated by the Federal Government and as implemented by the State of Arizona, and that he/she will be solely responsible for implementing and enforcing the same at all times. SECTION 9. The Contractor agrees to accomplish the work with a minimum of traffic interruption. If it 22 P1,1 Illi*11(14,111 arising from failure of the Contractor to comply with this act. This indemnification includes the costs of suit. SECTION 18. By their signatures hereunder, as Contractor and Town, the parties agree to be bound by all applicable Federal and State regulations governing Equal Opportunity and Non-Discrimination. p-, SECTION 19. Pursuant to the requirements of Arizona Revised Statutes, Title 34, the Town will require both of the following documents to be completed and submitted before the final payment is made and retainage is released. 1. A certification from the Prime Contractor that all bona fide Project claims and bills from his/her subcontractors and suppliers have been paid, and that all his/her Project claims against the Town have been resolved (CONTRACTOR'S AFFIDAVIT REGARDING SETTLEMENT OF CLAIMS). } 2. The consent of surety affidavit signed by an authorized representative of the surety (CONSENT OF SURETY TO FINAL PAYMENT AND FULL RELEASE OF CONTRACT RETAINAGE). The Town of Oro Valley reserves the right to obtain from the Contractor"satisfactory receipts for all labor and material billed and waivers of liens from any and all persons holding claims against the work". SECTION 20. This is the entire Contract Agreement between the parties. If any portion(s) of this Contract Agreement 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 Agreement which shall continue in full force and effect. SECTION 21. This Agreement 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 Agreement on behalf of the state, its political subdivisions or any of the departments or agencies of either is, at any time, while the Agreement or any extension of the Agreement is in effect, an employee or agent of any other party to - the Agreement in any capacity or a Contractor to any other party to the Agreement with respect to the L subject matter of the Agreement. SECTION 22. THIS CONTRACT AGREEMENT SHALL BE VALID UPON EXECUTION. 24 i Bid Dos 110403 TOWN OF ORO VALLEY, a Municipal Corporation BY: BY: Mayor Utility Director DATE: DATE: REVIEW AS TO FORM: BY: BY: Name of Contractor Town Attorney BY: DATE: BY: ATTEST: DATE: Town Clerk Town of Oro Valley Oro Valley, Arizona 85737 SIGNING INSTRUCTION TO THE CONTRACTOR: All signatures must be notarized. In the event that the contracting firm is a corporation, the president and the secretary or the vice-president and the secretary of the corporation must sign and the corporate seal must affixed thereto. STATE OF ARIZONA ) ) ss. County of Pima ) SUBSCRIBED AND SWORN that the foregoing instrument was acknowledged before me this day of , 20 by (Name) as (Title) and by , (Name) as (Title) of (Name of Company). Notary My Commission Expires: 25 Bid Docs 110403 • TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: June 2, 2004 TO: HONORABLE MAYOR& COUNCIL FROM: David Ruiz, Engineering Division Manager SUBJECT: RECLAIMED WATER SYSTEM, PHASE 1,Resolution No. (R) 04-52 , a resolution of the Town of Oro Valley,Pima County, Arizona, Authorizing and Approving a construction contract with Meridian Engineering Company, for constructing the Reclaimed Water Pump Station and Reservoir shown on Plan No. OV24-04-01. SUMMARY: This project will construct a 1.5 million gallon concrete reservoir and a 3000 gpm pump station that will deliver reclaimed water to the three existing golf courses north of Tangerine Road. The new construction will include a building which will house the electrical, instrumentation & control and disinfection equipment. At the time of this M & C Communication and due to the short timeframe, the Contractor did not have adequate time to submit the required insurance and bond documentation. The Contractor will provide the required documentation prior to the execution of this contract. The second low bidder, The Ashton Co., contested the low bid submitted by Meridian Engineering Co. on theg rounds their bid proposal was not completed according to the printed instructions. After reviewing the documents, the Legal Department has determined the low bid is valid and meets the conditions set forth in the bidding documents. Bids received for the above referenced project are as follows: 1. Meridian Engineering Co. $4,438,000.00 2. The Ashton Co. $4,668,000.00 3. Engineer's Estimate $4,618,100.00 FISCAL IMPACT: Funds are identified in the 2003-2004 fiscal year budget. The low bid of $4,438,000.00 was submitted by Meridian Engineering Co. and is our recommendation of award. ATTACHMENTS: Exhibit 1 - Resolution No. (R) 04- 5 2 Exhibit 2 - Contract Exhibit 3 - Sketch RECOMMENDATIONS: Staff recommends approval of Resolution No. (R) 04- 52 pp • SUGGESTED MOTION: The Town Council may wish to consider one of the following motions: I move to approve Resolution (R) 04- 52 , a resolution of the Town of Oro Valley,Pima County, Arizona, Authorizing and Approving a construction contract with Meridian Engineering Co. for constructing the Reclaimed Water Pump Station and Reservoir. or I move to Engineering Division�Ianager D . Water Utility irector x i Town Manager ,,,,,,,,/',-"Pir,i,'(-> 00 4411,6444., 0 1/4AZL-.) '.',11,4/,',:4;,,,i,; ^' 6 1 q Jt.,":*:-. ' N ? yFb r '-":::,;?',V,-, , / r _ 1,,,,,,.. ... -4.;9';'.!!',,,Y,S) 41;04 :''' ''',',',',',.1 'may'.,. .,..i, /y.: 'IIS w M ''1(b' UNDER EXHIBIT 1 Resolution RESOLUTION NO. (R) 04- 52 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA AUTHORIZING AND APPROVING A CONSTRUCTION CONTRACT WITH MERIDIAN ENGINEERING CO. TO CONSTRUCT THE RECLAIMED WATER PUMP STATION AND RESERVOIR. 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 p the State of Arizona and the United States; and WHEREAS, the Town submitted Request for Proposals to construct the Reclaimed Water Pump Station and Reservoir; and WHEREAS, the lowest responsible bidder responding to the Town's Request for Proposals to construct the Reclaimed Water Pump Station and Reservoir is Meridian Engineering Co.; and WHEREAS, it is in the best interest of the Town to enter into the agreement, attached hereto as Exhibitincorporatedby No.2 and herein this reference (the "Contract") with Meridian Engineering Co., Inc. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona, that the Contract between the Town of Oro Valley, Arizona, and Meridian Engineering Co., 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 and implement the terms of the Contract. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 2nd Day of June , 2004. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn Cuvelier, Town Clerk Mark Langlitz, Town Attorney EY 4 04, • 11:tit,,,, li 7 ,.t'644..-•;_:,7:,::';'-W:'i'' ..,.., 1,-1 ,,k1N," ,,,,,.,„,. .„ ' . ,_.----7" • AbtiND EXHIBIT 2 co • ntrac t CONTRACT AGREEMENT PROJECT NO : OV-24-04-01 THIS AGREEMENT, made and entered into by and between the Town of Oro Valley, a municipal corporation (the "Town") and Meridian Engineering Co., (the "Contractor"). The Town and the Contractor for the consideration named agree as follows: SECTION 1. The complete Contract includes all of the Contract Documents as if set forth in full herein. The Contract Agreement and all Contract Change Orders issued after the execution of the Contract Agreement, Addendum No(s). 1 issued prior to the opening of the bids, the Special Provisions, the Project Plans Exhibits OV24-04-01), the Standard Plans, the Standard Specifications, the Waterworks Standards, Reference Specifications, the Bidder's Proposal, the Notice Inviting Bids, the Non-Collusion Affidavit, the Performance Bond, the Payment Bond, the Bidders Bond, and the Surety Bond for the one-year guarantee period, all of which are essential parts of this Contract as defined in Exhibit A. In the event of any conflict in thesep rovisions, the terms of the Contract Documents shall control, each over the other, in the order provided. SECTION 2. The Contractor shall furnish all materials, except as otherwise provided in the Plans or Specifications, and will perform all the work for the PROJECT NO. OV24-04-01 PROJECT NAME: RECLAIMED WATER DISTRIBUTION SYSTEM PUMP STATION AND RESERVOIR necessary to complete in a good, workmanlike and substantial manner the work in accordance with the Contract Documents for this Project. The Contract documents are specifically referred to and made a part hereof this Agreement. SECTION 3. The Town will pay the Contractor the amount of Four Million, Four Hundred Thirty Eight Thousand Dollars and Zero Cents ($4,438,000.00) for a base contract, subject to change of materials and work orders. The Contractor agrees to receive and accept the prices set forth in the Bid Schedule as full compensation for the work required under the bid items awarded by the Town subject to additions and/or reductions of the quantities of the various bid items at the unit prices bid for furnishing all labor and materials and for doing all the work contemplated and embraced under this Agreement; for all loss or damages arising out of the nature of the work or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work, until the work is accepted by the Town; for all expenses incurred by or in consequences of the suspension or discontinuance of work; and for well and faithfully completing the work in the manner and in accordance with the Contract Documents and the requirements of the Engineer under them. SECTION 4. TIME IS OF THE ESSENCE for this Contract. The Contractor agrees to commence work pursuant to this Contract within 10 calendar days after the date of authorization specified in the Notice to Proceed and to diligently prosecute the same, day to day, to Substantial Completion within 335 and Final Completion 360 calendar days after the date provided except as adjusted by subsequent Contract Change Order(s). 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 Contractor. The aggregate total of any Change Order(s) shall not exceed 20% of the original Agreement unless specifically authorized by the Town Council in writing. When a contractor 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 CONTRACT AGREEMENT 1 dead date the work will be completed. The language "TIME IS OF THE ESSENCE" must be written drop signed into the Change Order. If the Change Work Order is agreed to and by the Town and the Contractor, it binds the contractor to complete the work by the extended date designated in the Contract Order. The Town can then file suit against the contractor if the work is not completed by the Changep t agreed upon date. If there is more than one extension is agreed to, each extension nsion should follow the same procedure. SECTION 5. If the work to be performed by Contactor for this Agreement is not timely completed, the Contractor shallY a to the Town $1,420 as liquidated damages for each calendar day the work p remains incomplete after the scheduled completion date. The scheduled completion date for determiningliabilityfor liquidated damages for the work shall be 330 consecutive days from the effective date of Town's Notice to Proceed for the work to the Contractor. For theose ur of determiningapplicability of liquidated damages, completion time shall be extended only if p p delay completion letion of the work by the Contractor results from an unforeseeable cause beyond the control p and without the fault or negligence of the Contractor. SECTION 6. The Contractor agrees to indemnify, defend, and save harmless the Town, its Mayor and Council, the Water Utility Director, appointed boards and commissions, officials, officers, employees and the Town's insurance carriers, individually and collectively from all losses, claims, suits, demands, expenses, subrogations, attorney's fees, or actions of any kind and nature resulting in the Contractor or any subcontractor employed by the Contractor (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 bep erformed, except any injury or damages arising out of the sole negligence of the Town, its officers, employees.or agents The amount and type of insurance coverage requirements set forth below will in no g way be construed as limiting the scope of indemnity in this paragraph. SECTION 7. The Contractor agrees to obtain Insurance Coverage of the types and amounts as required in the Pima County/City of Tucson Standard Specifications for Public Improvements (Standard ) S ecifications and keep the Insurance Coverage in force throughout the life of this Contract. The Specifications) Contractor shall furnish the Town with a Certificate evidencing liability insurance policy or policies with the minimum insurance limits as indicated. All policies will contain an endorsement providing that written notice beg iven to the Town at least thirty (30) calendar days prior to termination, cancellation, or reduction in coverage in any policy. SECTION 8. The Contractor agrees that any inspection by the Town Representative or by other agents or employees of the Town of the work performed are for the purpose of ensuring the technical competence of the work and adherence to other contractual provisions. Inspections are not for the purpose of safeguarding workers on the job, which is the sole responsibility of the Contractor. The Contractor warrants that he/she is fully familiar with all the safety requirements of the Occupational Safety and Health Act as promulgated by the Federal Government and as implemented by the State of Arizona, and that he/she will be solely responsible for implementing and enforcing the same at all times. SECTION 9. The Contractor agrees to accomplish the work with a minimum of traffic interruption. If it becomes necessary to close any traffic lanes on any street within the Town, permission must first be obtained from the Town Engineer's office. Permission shall be requested at least 48 hours in advance for CONTRACT AGREEMENT 2 residential streets and 72 hours in advance for arterial streets. The Contractor shall furnish and place all detour signs and any other warning signs in accordance with the SPECIAL PROVISIONS. SECTION 10. Should the Town bring any legal or equitable action for the purpose of protecting or enforcing its rights under this Agreement, the Town shall recover, in addition to all other relief, its reasonable attorney's fees and court costs to be fixed by the court. SECTION 11. It is agreed that the Water Utility Director is authorized to execute Contract Change Order(s) necessary to the prosecution of the work, all in accordance with the Standard Specifications. SECTION 12. The Contractor agrees that he/she will not proceed with any extra work unless he/she has been authorized in writing to do so by the Water Utility Director prior to the commencement of any extra work. SECTION 13. Thep arties do for themselves, their heirs, executors, administrators, successors and assigns agree to the full performance of all the provisions herein contained. Contractor may not, either voluntarily or g by action of law, assign any obligation assumed by the Contractor without prior written consent of the Town. SECTION 14. The Contractor shall cause the Performance Bond to remain in full force and effect through the warranty and guarantee period. By my signature hereunder, as Contractor, I agree to keep the Performance Bond or cashier's check in equivalent of the full performance bond in full force and effect period.h said The cashier's check shall serve the same purposes and fully cover the requirements of a Performance Bond and a Payment Bond. SECTION 15. By my signature hereunder, as Contractor, I certify that I will comply with all provisions of the Town of Oro Valley Project No. OV24-04-01. SECTION 16. By my signature hereunder, as Contractor, I agree that even if only one (1) Progress Payment is prosecuted by the Town of Oro Valley for this Project, the Town will retain ten percent (10%) of Y the Progress Payment amount. The ten percent (10%) retention will be discharged in accordance with the 9 Y Standard Specifications. SECTION 17. By my signature hereunder, as Contractor, I agree that I am not an employee of the Town, and that I amp erforming the duties as an Independent Contractor, supplying my own employees, and maintaining my own insurance and handling all of my own internal accounting. The Town in no way controls, directs or has any direct responsibility for the actions of the Contractor. By mysignature hereunder, as Contractor, I agree that I shall be responsible for the compliance with the g United States Immigration Reform and Control Act of 1986, and shall indemnify and hold harmless the Town for anyliabilityarisingfrom failure of the Contractor to comply with this act. This indemnification includes the costs of suit. By mysignature hereunder, as Contractor, I agree that I shall be responsible for compliance with the g Americans With Disabilities Act of 1990 and shall indemnify and hold harmless the Town for any liability arising from failure of the Contractor to comply with this act. This indemnification includes the costs of suit. CONTRACT AGREEMENT 3 g SECTION 18. By their signatures hereunder, as Contractor and Town, the parties agree to be bound by all g applicable Federal and State regulations governing Equal Opportunity and Non-Discrimination. SECTION 19. Pursuant to the requirements of Arizona Revised Statutes, Title 34, the Town will require both of the following documents to be completed and submitted before the final payment is made and retainage is released. 1. A certification from the Prime Contractor that all bona fide project claims and bills from his/her subcontractors and suppliers have been paid, and that all his/her project claims against the Town have been resolved (CONTRACTOR'S AFFIDAVIT REGARDING SETTLEMENT OF CLAIMS). 2. The signed consentof suretyaffidavit si ned by an authorized representative of the surety (CONSENT OF SURETY TO FINAL PAYMENT AND FULL RELEASE OF CONTRACT RETAINAGE). The Town of Oro Valleyreserves the right to obtain from the Contractor "satisfactory receipts for all labor and material billed and waivers of liens from any and all persons holding claims against the work". SECTION 20. This is the entire Contract Agreement between the parties. If any portion(s) of this contract Agreement 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 Agreement which shall continue in full force and effect. SECTION 21. This Agreement is subject to the provisions of A.R.S. § 38-511 which provides in pertinent that the state, its political subdivisions or any department of either may, within three part years after its execution, cancel any contract, without penalty or further obligation, made by the state, its politicalor any subdivisions, of the departments or agencies of either if any person significantly involved in in negotiating, securin , drafting or creating the Agreement on behalf of the state, its political initiating, g subdivisions or any of the departments or agencies of either is, at any time, while the Agreement or any extension Agreement nsion of the A reement is in effect, an employee or agent of any other party to the Agreement in any it or a Contractor to anyother party to the Agreement with respect to the subject matter of the capacity Agreement. 4 CONTRACT AGREEMENT SECTION 22. THIS CONTRACT AGREEMENT SHALL BE VALID UPON EXECUTION. TOWN OF ORO VALLEY, a Municipal Corporation BY: BY: Mayor Water Utility Director DATE: DATE: REVIEW AS TO FORM: BY: BY: Name of Contractor Town Attorney BY: DATE: BY: ATTEST: DATE: Town Clerk Town of Oro Valley Oro Valley, Arizona 85737 SIGNING INSTRUCTION TO THE CONTRACTOR: All signatures must be notarized. In the event that the contracting firm is a corporation, the president and the secretary or the vice-president and the secretary of the corporation must sign and the corporate seal must affixed thereto. STATE OF ARIZONA ) ss. County of Pima ) SUBSCRIBED AND SWORN that the foregoing instrument was acknowledged before me this day of , 20 by (Name) as (Title) and by , (Name) as (Title) of (Name of Company). Notary My Commission Expires: 5 CONTRACT AGREEMENT PERFORMANCE BOND (100% of Total Contract Amount) KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the Town of Oro Valley, State of Arizona, has awarded to asppg principal, designated as the "Contractor", a "Contract"for the work generally described as follows: PROJECT NO. OV24-04-01 PROJECT NAME: RECLAIMED WATER DISTRIBUTION SYSTEM PIPELINE PUMP STATION AND RESERVOIR WHEREAS, said Contractor is required to furnish a bond in connection with Contract guaranteeing performance and this bond shall remain in full force and effect through the warranty and guarantee period of the Contract. NOW THEREFORE, we the undersigned Contractor and Surety, are held and firmly bound unto the Town of Oro Valley in the sum of ), to be paid to the Town or its attorney, its successors and assigns; for (Dollars) ($ which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, The above Contractor, his/her or its heirs, executors, administrators, successors or assigns, shall in all thingsY stand to, abide b , and well and truly keep and perform the covenants, conditions and agreements in theContract and anyalteration made as provided, on his/her or their part to be kept and performed at the p time and in the manner specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Town of Oro Valley, its officers, employees and agents, as therein Inde y then this is stipulated. It shall be and remain in full force and virtue until such time the projectcompleted obligation ation shall become null and void. In the event suit is brought upon this bond by the Town and judgment is recovered, pay vered the Suretyshall a all costs incurred by the Town in the suit, including reasonable attorneys' fees to be fixed by the court. IN WITNESS WHEREOF, we have hereunto set our hands, and seals on this day of ,20 CONTRACTOR: SURETY: Name: Name: Address: Address: Tel. No.: Tel. No.: By: By: Attorney-in-Fact NOTE: This bond must be executed by both parties, and in the case of a corporation, with corporate seal affixed. All signatures must be acknowledged. (Attach acknowledgments.) The attorney-in-fact for the bonding company must be registered in at least one county in the State of Arizona. 6 CONTRACT AGREEMENT CORPORATE ACKNOWLEDGEMENT(S) STATE OF ARIZONA ) ) ss: COUNTY OF PIMA ) On this day of , 20 before me personally appeared to me known, who, being by me duly sworn, did depose and say that he/she reside(s) in Pima County, Arizona and that he/she is the of the , the corporation which executed the Contract; that he/she knows the seal of the corporation; that the seal affixed to the instrument is the corporate seal; that is/was so affixed by order of the Board of Directors of the corporation, and that he/she signed his/her name to the instrument by like order. NOTARY PUBLIC My Commission Expires: STATE OF ARIZONA ) ) ss: COUNTY OF PIMA ) On this day of , 20_ before me personally appeared known to me to be the person whose name is subscribed to this instrument as the Attorney-in-Fact of of and acknowledged to me that he/she subscribed the name of as Surety, and his/her own name as Attorney-in-Fact. NOTARY PUBLIC My Commission Expires: CONTRACT AGREEMENT 7 PAYMENT BOND (100% of Total Contract Amount) KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the Town of Oro Valley, State of Arizona, has awarded to asrinci al, hereinafter designated as the "Contractor", a "Contract"for the work generally described as follows: p P PROJECT NO: OV24-04-01 PROJECT NAME: RECLAIMED WATER DISTRIBUTION SYSTEM PIPELINE PUMP STATION AND RESERVOIR WHEREAS, Contractor is required to furnish a bond in connection with the Contract, to secure the payment of claims of laborers, mechanics, materials and other persons as provided by law. NOW THEREFORE,we the undersigned Contractor and Surety are held and firmly bound unto the Town of Oro Valley in the sum of Dollars, ($ )for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, If Contractor, his/her or its heirs, executors, administrators, successors or assigns, or subcontractors, shall fail to pay any of the persons named in, or amounts due under the Unemployment Insurance Code with respect to work or laborp erformed by any claimant, or any amounts required to be deducted, withheld, and paid over to the Tax Board from the wages of employees of the Contractor and his/her subcontractors, pursuant to the Revenue and Taxation Code, with respect to work and labor, that the Surety or Sureties will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In the event suit is brought upon this bond by the Town and judgment is recovered, the Surety shall pay all costs incurred by the Town in the suit, including reasonable attorneys' fees to be fixed by the court. This bond shall inure to the benefit of any of the persons named as to give a right of action to such persons or their assigns in any suit brought upon this bond. IN WITNESS WHEREOF, we have hereunto set our hands and seals on this day of , 20 CONTRACTOR: SURETY: Name: Name: Address: Address: Tel. No.: Tel. No.: By: By: Attorney-in-Fact NOTE: This bond must be executed by both parties, and in the case of a corporation, with corporate seal affixed. All signatures must be acknowledged. (Attach acknowledgments.) The Attorney-in-fact for the bonding company must be registered in at least one county in the State of Arizona. CONTRACT AGREEMENT 8 CORPORATE ACKNOWLEDGEMENT(S) STATE OF ARIZONA ) ) ss: COUNTY OF PIMA ) On this day of , 20 before me personally appeared tobeingby me known, who, me duly sworn, did depose and say that he/she reside(s) in Pima County, Arizona and that he/she is the of the , the corporation which executed the Contract, that he/she knows the seal of the corporation; that the seal affixed to the instrument is the corporate seal; that is/was so affixed by order of the Board of Directors of the corporation, and that he/she signed his/her name to the instrument by like order. NOTARY PUBLIC My Commission Expires: STATE OF ARIZONA ) ) ss: COUNTY OF PIMA ) On this day of , 20 before me personally appeared known to me to be theerson whose name is subscribed to this instrument as the Attorney-in-Fact of p of and acknowledged ed to me that he/she subscribed the name of as Surety, and his/her own name as Attorney-in-Fact. NOTARY PUBLIC My Commission Expires: 9 CONTRACT AGREEMENT CONSENT OF SURETY TO FINAL PAYMENT AND FULL RELEASE OF CONTRACT RETAINAGE OR SUBSTITUTE SECURITIES The Y (the Suret undersigned "Surety"), having provided the Town of Oro Valley (the "Town") with a payment g bond for the payment of labor and material provided to the Contractor (the "Contractor") in connection with Project No. OV24-04-01 (the "Project") consents to final payment and full release of all retainage to Contractor held by Town in connection with the Project. Surety further releases Town from all claims, past, present, future, known or unknown which it may assert or could have asserted against Town as a result of Town's final payment and release of the retainage held in connection with the Project. This release is only intended to relieve Town of any liability or responsibility in connection with final payment and full release of retainage to the Contractor in connection with the Project and shall in no way be construed to relieve Surety of any obligation under the payment bond issued for the Project. IN WITNESS WHEREOF, the Surety has executed this instrument this day of , 20 . SURETY Authorized Representative Title: STATE OF ARIZONA ) ) ss. COUNTY OF PIMA ) The foregoing instrument was acknowledged before me this day of , 20 by , on behalf of My Commission Expires: Notary Public CONTRACT AGREEMENT 10 CONTRACTOR'S AFFIDAVIT REGARDING SETTLEMENT OF CLAIMS Project No.: OV24-04-01 Project Name: Reclaimed Water Distribution System Pump Station And Reservoir To the Town of Oro Valley, Arizona: This is to certifythat all lawful claims for materials, rental of equipment and labor used in connection with the of the above contract project, whether by subcontractor or claimant in person, have been duly construction discharged. The undersigned,ndersi ned, for the consideration of $ , as set out in the final pay estimate, as any full and complete payment under the terms of the contract, waives and relinquishes and all further claims or right of lien under, in connection with, or as a result of the above described contract. Theundersignedagrees further a rees to indemnify, defend and save harmless the Town of Oro Valley against any and all liens claims of liens, suits, actions, damages and expenses whatsoever, which the Town may suffer , arising out of the failure of the undersigned to pay for all labor performance and materials furnished for the performance of installation. Contractor By: STATE OF ARIZONA ) )ss. COUNTY OF PIMA ) The foregoing instrument was acknowledged before me this day of , 20 by , on behalf of My Commission Expires: Notary Public 11 CONTRACT AGREEMENT EXHIBIT A DEFINITION OF TERMS Contract Agreement The written agreement between the Agency and the contractor setting forth the obligations of the parties thereunder including, but not limited to, the performance of the work, the furnishing of labor and materials and the basis of payment. Addendum Written or graphic instrument(s) issued in writing, after advertisement, but prior to the opening of the Bids, which alter, change, clarify, correct, modify, or revise the Contract Documents. Special Provisions Additions and revisions to the Standard Specifications covering conditions and requirements peculiar to an individual project. Project Plans Specific details and dimensions peculiar to the work which are supplemented by the standard details insofar as they may apply. Standard Plans The latest edition of the CITY OF TUCSON/PIMA COUNTY STANDARD DETAILS FOR PUBLIC IMPROVEMENTS, including all SUPPLEMENTAL AMENDMENTS, as prepared by a joint effort of the Departments of Transportation of the City of Tucson and Pima County as approved for repetitive use, showing details to be utilized where appropriate. Standard Specifications The latest edition of the CITY OF TUCSON / PIMA COUNTY STANDARD SPECIFICATIONS FOR PUBLIC IMPROVEMENTS, including all SUPPLEMENTAL AMENDMENTS, as prepared by a joint effort of the departments of Transportation of the City of Tucson and Pima County as approved for general application and repetitive use (1994 Edition) Waterworks Standards The latest edition of the CITY OF TUCSON WATERWORKS STANDARD SPECIFICATIONS AND DETAILS, unless modified within the Plans and/or the Standard Notes and Detail Plan Sheet for the Town of Oro Valley Water Utility. Reference Specifications Any specifications referred to in the Contract Documents other than Standard Specifications, including, but not limited to: bulletins, standards, rules, methods of analysis or tests, codes, other agency specifications, engineering societies, or industrial associations referred to in the Contract Documents. These refer to the latest edition, including amendments in effect and published at the time of advertising the Project or issuing the permit, unless otherwise specifically referred to by edition, volume or date. The Bidder's Proposal The offer of a bidder, on the prescribed form, to perform the work and to furnish the labor and materials at the prices quoted. Notice Inviting Bids The public announcement, as required by law, inviting Bids for work to be CONTRACT AGREEMENT 12 performed and/or materials to be furnished and/or labor to be furnished and/or equipment to be furnished. Non-Collusion Affidavit Certification on behalf of the person, firm, association or corporation submitting the bid, that such person, firm, association or corporation has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action, in restraint of free competitive bidding in connection with the submitted bid. Performance Bond The security provided by the contractor solely for the protection of the contracting agency and conditioned upon the faithful performance of the contract in accordance with the plans, specifications and conditions thereof. Payment Bond The security provided by the contractor solely for the protection of claimants supplying labor and materials to the contractor or to subcontractors of the contractor. Bidders Bond The security furnished with a bid to guarantee that the bidder shall enter into the contract if the bid is accepted. Surety Bond Bond in the amount of one hundred percent (100%) of the amount of the contract. Binds the contractor for the full and complete performance of the contract and for payment of all debts pertaining to the work. Bid The offer of the bidder, submitted on the prescribed form(s) to perform the Work and/or furnish material(s) and/or furnish labor and/or furnish equipment at the price(s) quoted. Change Order A written order, issued and signed by the Engineer to the Contractor, directing addition(s), deletion(s) or revision(s) in the Work, adjustment in Contract Price(s) or Contract Time, said Change Order(s) is/are issued after the execution of the Contract, all as incidental to the prosecution of the Work as advertised. Liquidated Damages The monetary damages amount that the parties to the Contract Agreement agree shall be paid to the Town by the Contractor for each day the work remains incomplete after the scheduled completion date. The Liquidated Damages amount will be set in accordance with Section 108 of the Pima County/City of Tucson Standard Specifications for Public Improvements. CONTRACT AGREEMENT 13 11: /.tC;;# cOir , 1' 27333 �j t DATE:MAY 10,2004` RO����.� �o �' ' ' OtAr ;S • d. PROJECT NO.: OV24-04-01 ` - 't.A. •ff f ADDENDUM NO.1 TO THE CONTRACT DOCUME If, • • �'i For the construction of:The Town of Oro Valley Reclaimed Water Distribution system Pump Station and Reservoir. Notice Inviting Bids: 1. Delete Bid Schedule in its entirety and replace with May 10,2004 Bid Schedule attached herein. Special Specifications: 1. Section 03314 Article 3.11,A.1,Drawing 1, Section 3. Delete Miradrain 6200 Drainage Panels. 2. Section 11212 Vertical Turbine Pumps: Pump Data Sheet,Additional Requirements (page 2). Delete this paragraph in its entirety and replace with the following: "Pumps shall be provided with 24-inch diameter cans.Can material shall conform to the pipe material in Section 15200-04 and the drawings.Can coating and lining shall be in accordance with Section 09900,PAINTING AND PROTECTIVE COATINGS for buried and submerged service." 3. Section 11260 Onsite Sodium Hypochlorite Generation System,Article 2.3,D.2. Replace"5-micron" with"25-micron". 4. Section 13400 Process Instrumentation and Control Systems:Article 1.1,Summary D.6. (page 1) Delete this paragraph in its entirety and replace with the following: "6. CS Subsystem standard and PMCS software,client HMI and office workstations, display screens,Ethernet hardware,printers,alarm messenger,modems,UPS and cabling system. Integrate into CS Subsystem,OWNER provided network server hardware and software." 5. Section 13400 Process Instrumentation and Control Systems:Article 1.1,Summary D.10. (page 2) Delete this paragraph in its entirety and replace with the following: "10. Assist OWNER for 24 hours with network and terminal services set-up and the establishment of communication between TOV Rancho Vistoso Pump Station SCADA network,a remote notebook computer and remote TOV SCADA HMI clients." 6. Section 13400 Process Instrumentation and Control Systems:Article 1.1, Summary E.8 (page 2 and 3) Delete this paragraph in its entirety and replace with the following: "8. Allowance Item 13 in the Bid Schedule is for the integration of the existing TOV Potable Water SCADA system with the new Reclaimed Water SCADA System. Complete details on hardware purchase,programming and configuration of the existing TOV Potable Water SCADA System will be provided by the.OWNER after bid selection process is complete.Integration will consist of the purchasing, configuration,programming,testing, and documentation of TOV Potable Water SCADA system hardware and software with guidance from the OWNER. At a minimum,the following TOV Potable Water SCADA System hardware and software shall be installed at the Rancho Vistoso Pump Station: a. TOV Potable Water SCADA Omni directional antenna and cable system. b. Provisions for mounting on tower mast, an extra Omni directional antenna for TOV Potable Water SCADA. c. Allen Bradley small logic controller (SLC) integrated with an MDS radio transceiver, ancillary devices and panel in order to configure a smart master telemetry unit (MTU) for the TOV Potable Water SCADA. d. TOV Potable Water SCADA HMI primary workstation and monitor. " 7. Section 13400 Process Instrumentation and Control Systems: Supplement-Example PICS Items for Schedule of Values.Delete value of$100,000 in its entirety. 8. Section 13442 Computer Subsystems:Article 3.3, Supplements,A.1 Component Specifications C.,Y81 Network Client HMI and Office Workstation Computers,4.b (page 3) Clarify that Workstation Computers to be provided with Dual SCSI (40-80 GB) HDD. 9. Section 13442 Computer Subsystems: Article 3.3,A.2 Computer Subsystem Equipment Listing, Supplement 2., (page 1) Replace the existing Equipment Listing with new Equipment Listing attached dated 05/06/2004. 10. Section 16050 Basic Electrical Materials and Methods: Article 3.16, Supplement 1.A.1.- Panel RW-LP-100 Schedule. Replace the existing Panel Schedule with new Panel Schedule attached dated 05/06/2004. 11. Section 16500 Lighting: 3.9-Supplements,A.-Luminaire Schedule, Supplement 1. (page 11) Replace the existing Luminaire Schedule with new Luminaire Schedule, attached dated 05/06/2004. Drawings: 1. Drawing No. S-3. Delete this drawing in its entirety and replace with the attached S-3. 2. Drawing No. SM-1. a. Delete this drawing in its entirety and replace with the attached SM-1. b. Clarification for the installation of insulating flanges kits. Insulating flange kits are to be installed on the Southern end of the valve (flange nearest the vault). 3. Drawing No. SM-2. Delete this drawing in its entirety and replace with the attached SM-2. 4. Drawing No. M-2, Section A. Replace"2"V622" with"8"V622". 5. Drawing No.M-7,The 4 inch valve is a gate valve per notes 1 and 2,which is per Tucson Water Waterworks Standards. Delete call out of"V130". 2 6. Geotechnical Investigation Report for Oro Valley Reclaimed Water System Reservoir and Pump Station,Oro Valley,Arizona. This information is provided for use by the CONTRACTOR and is available for pick up at the Town Hall. All bidders shall acknowledge receipt and acceptance of this Addendum No.1 in the Bid Schedule(s). Bid Schedules submitted without acknowledgement will be considered in nonconformance. CH2M HILL Ro-,,,D__E. • COLO. --- -----, Project Manager Attached hereto and part of Addendum No.1 1. Bid Schedule, Reclaimed Water Distribution System Pump Station and Reservoir (Revised) 2. Computer Subsystem Equipment Listing 3. Panel Schedule 4. Luminaire Schedule 5. Drawing S-3 (Revised) 6. Drawing SM-1 (Revised) 7. 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Ili. ..088. 0, 0\. - _ /.1,,,-_,r/CASI/uTLAIONG N \P,,\\ ___....._.J_____:.p* gs - .11 ---: 111.1 ,,.,,U\\:._.: soirtiallimiji 11-\ t '‘.------- ----- . \ \ - wairitt--.----,-____COZTEED 1 • , \ IA\ ' - '1/ --- 114# ,&, /---.\\ \\•V\ - • -.:-...-, _ \'-\-, \ ÷ .q.,\ .P.Ii--1--__41..___ti:...R__11-r-u--_'.___In 0 I! '-,0-,$). _., ----. N_RANC-HO-VI! i _. ..._._._..__ 111// I . 'I 1111111//isrp‘ 1�,� 0 •#\4/L. , •\,♦ .6\07\C,DELTZIZEIfiff ,. ,`O ' \.\---r) \40:.,,,,\), ,,,,->*< 0 i II*, :,_ \* ...+ ...4,,,_____.,_0 .„0 i muse4 *.<,,,<-',0 6 4111101_11-------- , cr. ♦Lv -e- .•,-:..-;,-3,9 -.. /7-7z,\'''':77.-'41), .,. C IP N\ .,. „......„„___-- , W \ z,,-4)\. T ,,/'" - ,,,,,:‘,A* (____ ----1 C ,,,,V\Pv' 2 1 ...... , 7 \ j ( , ......0 1.0 4 ,,,'''\* "1"/\ ' \tC.)--''.4 '.,,,,/&,S ;'" !, rte,.._,. ---------, ... f . ...-. 4.<.1, 77 9 , --- \'40 j ♦ /o _ ; . SNC \) / ma' .7 (//' t\ •.___ ..._ „ / ''c c \-.-......, , 1 1 1 ..., ...., \ \ ' , I / \ ( l'' ,./ \ \ ../.....\ \\ r/ • •. `\ iA ..., ,....„ +1 !� 7 /I ,.. ., / . , i f i / Z :......../.....,..../ //.. ,\ TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: June 2, 2004 TO: HONORABLE MAYOR & COUNCIL FROM: Chuck Sweet, Town Manager SUBJECT: TEMPORARY TWO-MONTH APPOINTMENT OF TOWN COUNCIL LIAISON ASSIGNMENTS TO BOARDS, COMMISSIONS, AND OUTSIDE AGENCIES SUMMARY: On April 6, 2000, the Town Council approved Policy #8, "Council Liaison to Boards and Commissions" policy. This policy was created with the intent to establish or improve the lines of communication between Boards and Comissions with the Council, and to provide Boards and Commissions with the goals and objectives of the Council as a whole. It is expected that the Council Liaison will attend all assigned Board or Commission meetings and create a summary of the events and inform the Mayor and Council of such information. Since the approval of Policy #8, an additional Outside Agency was added to the list for Council Liaison assignment. On October 17, 2002, Policy #9, "Council Liaison to Amphitheater School District Governing Board," was approved. Currently there are twelve Boards, Commissions, and Outsied Agencies all of which will have an assigned Council Liaison. Attached is a current list of those assignments which are a proposed two-month temporary assignment until this issue can further be discussed at the July 2004 Council Retreat. Permanent Council Liaison assignments will be made after further review and discussion among the Council Members. SUGGESTED MOTION: I MOVE to approve the Temporary Two-Month Town Council Liaison Assignments listed in the attachment hereto. ATTACHMENTS: Temporary Two-Month Town Council Liaison Assignments 2004 .,1 s 1 � )4/thi iChuck Sweet; own Manager TEMPORARY TWO MONTH TOWN COUNCIL LIAISON ASSIGNMENTS 2004 Planning & Zoning Commission Paula Abbott Development Review Board "KC" Carter Parks & Recreation Advisory Board Conny Culver Budget & Bond Committee Helen Dankwerth Water Utility Commission Paul Loomis Police Department Barry Gillaspie MTCVB Terry Parish GTEC Paul Loomis GTEC Alternate Terry Parish Chamber of NW Pima County Conny Culver Legislative Liaison Helen Dankwerth Pima Association of Governments Paul Loomis Pima Assn. of Governments Alternate Barry Gillaspie Amphitheater School District Liaison Paula Abbott Revised May 2004 TOWN OF ORO VALLEY 4 COUNCIL COMMUNICATION MEETING DATE: June 2, 2004 TO: HONORABLE MAYOR & TOWN COUNCIL FROM: Bob Kovitz, Public Information Officer SUBJ: PRESENTATION REGARDING PUBLIC, EDUCATION AND GOVERNMENT (P.E.G.) CHANNELS SERVING ORO VALLEY The current franchise agreement between the Town of Oro Valley and Comcast Cable Communications, Inc. does not contain provisions requiring Comcast to carry what are commonly referred to as P.E.G. (public, education and government) channels for its Oro Valley customers. The Oro Valley-Comcast agreement was negotiated in 1997 and runs for a period of 10 years. During the coming fiscal year, the Town will begin the process of negotiating the new franchise agreement to take effect in 2007. Despite the fact that there are no requirements to do so, Comcast voluntarily carries Pima Community College programming on Channels 96 and 97. Pima College broadcasts some of its courses over these channels, and viewers may receive course credit for the classes if they are enrolled at the college. In addition, Comcast also carries other community programming (e.g., Tucson City Council meetings) on Channel 96. The franchise between Cox Communications and the City of Tucson includes a full range of P.E.G. programming, including the City's own television station (Channel 12), three local access channels for community groups, University of Arizona programming, Pima Community College programming (the same as Comcast), and Tucson Unified School District K-12 programs. Comcast has expressed a willingness to consider the addition of P.E.G. channels to its current lineup. This evening, Mr. Joe Chitwood, Assistant General Manager for the University of Arizona Channel (KUAT Communications Group) will make a brief presentation regarding the U of A programming, and he will also be available to answer questions regarding the other P.E.G. channels currently carried by Cox in Tucson. KUAT is asking the Town of Oro Valley to request that P.E.G. channels be added to Comcast's lineup available to Oro Valley residents. Alternatively, the Council may wish to consider asking Comcast to add only the University of Arizona channel at this time (with the decision regarding P.E.G. channels to be discussed when the Town's franchise is renegotiated with Comcast) SUGGESTED MOTION: The Town Council may wish to consider one of the following motions: I move to direct the Town Manager to request that Comcast Communications, Inc., add the P.E.G. channels to its current channel offerings in Oro Valley and other local communities served by Comcast. Or I move to direct the Town Manager to request that Comcast Communications, Inc., add the University of Arizona Channel to its current channel offerings in Oro Valley and other local communities served by Comcast. 411 Bob Kovitz, Public Information Officer Chuck Sweet, Town Manager Attach. ss� ": 4„bitilViedia � T C OM J :;ALD S GROUP Harvall Bldg Rm 241 Box 4,Universityof Arizona, PO Box 210076, Tucson,AZ 85721-0076 Phone: (520) 621-1500 FAX: (520) 621-8136 E-mail: chitwood@email.arizona.edu April 6,2004 Bob Kovitz Town of Oro Valley 11000 N.La Canada Dr. Oro Valley,AZ 85737 Dear Mr.Kovitz: We are the Public,Education and Government(PEG) channels representing southern Arizona: City of Tucson Channel 12,Access Tucson 72 73 74,University of Arizona 76,Pima Community College 77 & 78, Tucson Unified School District 95. Our missions collectively are to produce programs to enrich the lives of the citizens throughout our community. Presently all of these channels are running on the Cox Communications network throughout the city of Tucson. As you may know,some of our PEG channels are running on the county's Comcast network. Pima Community College has two channels and the rest of the PEG lineup is available in the areas where the city of Tucson has moved into the county,totaling about four thousand homes. Please consider the enormous benefits of having the PEG channels in your community. Each individual channel carries a wide variety of educational, informational and entertaining programs. We request your support to allow Comcast to program the PEG channel lineup within your jurisdiction. Comcast's General Manager tells us that this is possible with your request. We are asking you to take action and write to Paul Pecora, General Manager of Comcast,and request that the PEG channels be added to your community's line-up. If you would like further information or to schedule a presentation by the PEG members to your board, please contact me and I will arrange for a meeting. Enclosed is the contact information for each of the individuals that represent the PEG channels should you want to contact them individually. We hope that we can collaborate with your jurisdiction and bring this excellent local programming to your community. Thanks for our help, )Joe Chitwood Assistant General Manager,UA Channel KUAT Communications Group 520.621.1500 chitwood(email.arizona.edu a� - , PI AccesciTucson http://access.tucson.org/ Access Tucson was established as an independent, non-profit, membership based organization for the management of public access in 1984. Access Tucson provides the training and facilities for Tucsonans to communicate with the community utilizing electronic media. Public access producers provide the ideas, information, and diversity to create the most visible part of our organization, the programming. Access Tucson is funded by the cable operator, by private or corporate donations, and is eligible for funding from the City of Tucson. Sam Behrend Executive Director Access Tucson 520.624.9833 sbehrend@accesstucson.org Ati VA.,, PimaCommunityCollege http://www.pima.edu/ Pima Community College offers two cable channels 24 x 7 with accredited telecourses that fulfill College general education requirements. Students can earn an Associate's Degree, learn languages, and build their math and English skills by enrolling in these courses. The television portion for each course is typically 2 hours per week (with several repeat showings) plus assignments the student completes at home. Courses are designed with the student's convenience and success in mind. For more information, phone 206-6410. Chris Lamar, Ed.D. Director of Telecommunications and Production Services Pima Community College 520.206.3976 chris.lamar@pima.edu 3 isiorn.wiapite.iviorrigc _y +j http://www.tosd.k 12.az.us/ The TUSD channel produces instructional and educational television programming serving TUSD educators, administrators, students and the community via cable. Emphasis on arts programming and media arts instruction, with support from and for the Opening Minds Through the Arts Program, an arts-infused education program. Facilities include studio, satellite communications equipment and field production equipment located in the Video Communications Building, next to the Lee Instructional Resource Center, 2025 E. Winsett, Tucson, AZ, 85719. Mary Canty Media Arts Consultant Fine Arts Department Tucson Unified School District 520.225.4633 marvcanty@tusd.kl 2.az.us TUCSON fig THE CDIV CHANNEL http://www.tucson12.tv Tucson 12 offers a powerful tool for local government -the ability to communicate vital information effectively to over 200,000 homes throughout Pima County. Whether it's on cable TV or the web, Channel 12 staff creates provocative original programs that highlight the people and places that shape our city and stir our imagination. From community leaders and public policy to crime prevention programs, downtown redevelopment and special features, Tucson 12, The City Channel offers a unique window to the City of Tucson. Tucson 12 offers a range of program choices, including live gavel-to-gavel coverage of City of Tucson Mayor& Council and Pima County Board of Supervisor meetings. 4 Jennifer McKinney TV Production Manager Tucson 12, the City Channel 520.791.25 82 Jennifer.McKinney@tucsonaz.gov CHANNEL http://www.uachannel.comi As an exclusive informational resource,the UA Channel is giving voice to the University of Arizona community. Long a reliable avenue for educational programming and distance education, with increased market penetration, the UA Channel has expanded its offerings, to include programming featuring news and information about the UA. UA student interns assist in production and content development and compile video anthologies of student programs. The UA Channel is currently developing a range of programming that includes: • News, information and public affairs • Performing arts, classic arts, film and video projects • Promotion of UA events • Guest speakers and lecture series • Sporting events • Southwestern regional issues • Recognition of outstanding programs, research and personnel Byproviding a visual reflection of the campus climate, in the classroom, in the workplace and in peoples' lives, the UA Channel is giving expression to the community it serves. Joe Chitwood Assistant General Manager, UA Channel KUAT Communications Group 520.621.1500 chi twood @emai l.ari zon a.edu 5 . „ ,,,,,, , TOWN OF ORO VALLEY STAFF REPORT TO TOWN COUNCIL MEETING DATE: June 2, 2004 TO: HONORABLE MAYOR & COUNCIL _ _ .110 i i'i _i p3:tt i. FROM: David Ronquillo, Planner I SUBJECT: ADDENDUM: PUBLIC HEARING, ORDINANCE (0)04OV8-04-01, CENTER LANE LLC, REPRESENTING SIGMA TECHNOLOGIES, REQUESTS APPROVAL OF A CONDITIONAL USE PERMIT FOR THE CALVARY CHAPEL, LOCATED IN THE FOOTHILLS BUSINESS PARK ON STALLARD PLACE OF THE LA RESERVE PLANNED AREA DEVELOPMENT, PARCEL 220-10-006A NEW INFORMATION: At their regular meeting of June 1, 2004, the Planning & Zoning Commission voted (7 - 0) to approve the applicant's request with the condition in Exhibit A and an additional condition that the conditional use permit pp s shall be reviewed annually for compliance with Oro Valley Parking Codes and if necessary to comply, may be amended or revoked. SUGGESTED MOTIONS: Ordinance No. (0)04-1` 0V8-04-01 Conditional Use Permit for the Calvary Church, with the I move to adopt > condition listed in Exhibit A and the additional condition recommended by the Planning and Zoning Commission. OR I move to adopt Ordinance No. (0)04-' , OV8-04-01, Conditional Use Permit for the Calvary Church, with the condition listed in Exhibit A, the additional condition recommended by the Planning and Zoning Commission and the following added conditions: . OR I mve to deny Ordinance No. (0)04-1 OV 8-04-01, finding that: . / ...\D.--/ ' .c Plane' 6Zonin dm' istrator //lig-t Co i unity Deve ment Director / / .A-e(Aed - Town Manager F:\OV\OV 8\2004\8-04-01\TCrpt.6-2-04addendum.doc EXHIBIT A 0V8-04-01 CALVARY CHURCH 1. If existing landscape is removed for the placement of the sidewalk and entrance (along the south side of the building), it must be replaced in another location on site. TOWN OF ORO VALLEY STAFF REPORT TO TOWN COUNCIL MEETING DATE: June 2, 2004 TO: HONORABLE MAYOR & COUNCIL FROM: David Ronquillo, Planner I SUBJECT: PUBLIC HEARING: ORDINANCE (0)04- 19 , OV8-04-01, CENTER LANE LLC, REPRESENTING SIGMA TECHNOLOGIES, REQUESTS APPROVAL OF A CONDITIONAL USE PERMIT FOR THE CALVARY CHAPEL, LOCATED IN THE FOOTHILLS BUSINESS PARK ON STALLARD PLACE OF THE LA RESERVE PLANNED AREA DEVELOPMENT, PARCEL 220-10-006A BACKGROUND: The subject property is 5.08 acres in size and located within Lot 1 of the Foothills Business Park. The zoning is p p y La Reserve PAD with a land use designation of Campus Park Industrial. A Development Plan has been approved previouslya roved for this site, which includes a 45,000 square foot building. Approximately 33,000 sf. of the existing building consists of office and manufacturing uses. A church is considered a conditional use within this zoning district. The use permit is required to assure land use compatibility with the adjacent properties and uses. SUMMARY: The applicant's proposal roposal will utilize approximately 12,000 sf. of the existing 45,000 sf. building. This portion of the buildingwill consist primarily of church activities, office and classrooms. The main entrance to the chapel will be located on the south side of the building. There will be no direct access to the other sections of the building. Improvements to this side of the building will require a sidewalk connection from the adjacent parking area and additional landscaping as necessary. Two services will be held; one on Sunday morning at loam and the second on Wednesday evening at 7pm. Both services will be held when the other uses of the building are not operating. Please see the attached project overview letter for further details. Due to the nature of the existing campus park uses, the adjacent properties will not be adversely impacted by the proposed church. SURROUNDING LAND USES: North: CPI, Campus Park Industrial, Allied Signal (Pima County). South: PAD, Campus Park Industrial, Southern Arizona Glassworks &Netmedia. West: PAD, Steam Pump Ranch, Undeveloped. East: PAD, Campus Park Industrial, Arizona Self Storage. Uses within the same building include; North: Research &Manufacturing East: Offices F:\OV\OV8\2004\8-04-01\TCrpt.6-2-04.doc TOWN OF ORO VALLEY TOWN COUNCIL STAFF REPORT Page 2 ORO VALLEY ZONING CODE REVISED: ARTICLE 3-2, Use Permits permits maybe granted when the determination has been made that the "granting of such conditional use Use permit will not be materiallydetrimental to the public health, safety or welfare." In arriving at this determination, the factors to be considered shall include the following: A. That therantin such conditional use permit will not be materially detrimental to the public health, g g of safety, or welfare. The following factors are depicted in the OVZCR; 1. Damage or nuisance arising from noise, smoke, odor, dust, vibration or illumination; There is no damage or nuisance potential from this use. 2. Hazard to persons and property from possible explosion, contamination,fire or flood; The project will meet all Building Code requirements for commerce park occupancies. The proposed use is not expected to utilize any hazardous materials. 3. Hazard occasioned by unusual volume or character of traffic. The anticipated volume of traffic that will be generated by the church use will have minimal impacts to the area because of the off peak times that the services will be held. The applicant states that currently there are about 250 people who attend church service, and in the future it is projected for them to seat approximately 450 people. The existing development consists of 183 parking spaces, which is adequate to comply with the parking requirements and additional uses of this building. Due to the church service times, the uses within this building will not operate at the same time, allowing adequate parking for each. B. That the characteristics of the use proposed in such use permit are reasonably compatible with types of uses permitted in the surrounding area as required in Sec. 3-201B. The proposed use is compatible with the uses of the existing commerce park atmosphere. Other uses in this area include; a self storage facility, office, manufacturing and warehousing buildings. Even though the programmatic characteristics of a church use are not similar to the existing uses, it is reasonably compatible because of the difference in operational peak use times. Article 9-114 Churches (Conditional Use Regulations) "No usepermit shall begranted until the requirements and criteria of this section are met." Since the chapel q will utilize an existing building, the majority of the standards specified in this section do not apply. F:\OV\OV8\2004\8-04-01\TCrpt.6-2-04.doc TOWN OF ORO VALLEY TOWN COUNCIL STAFF REPORT Page 3 The following are the applicable standards of this section: • Sec. 9-114.f, "That part of a lot not required for buildings, structures, loading and vehicular access ways, streets, parking and utility areas, pedestrian walks and hard-surfaced activity areas shall be landscaped". The church will utilize a side door on the south side of the building, which will serve as the main entrance. A sidewalk will be provided to create a connection to the parking area. If existing vegetation is removed for the placement of this sidewalk, it will need to be replaced in other areas. • Sec. 9-114j, All parking areas shall comply with the provisions set forth in the parking code for church uses. As specified in the use permit section, adequate parking spaces will be provided for the church. Summary The proposed use permit meets all the aforementioned criteria and complies with all the requirements of the OVZCR. GENERAL PLAN COMPLIANCE: Staff has reviewed this request for compliance with regard to the General Plan. The General Plan designates this area as "Commerical Park"which allows for the proposed use. PUBLIC NOTIFICATION AND COMMENT: All property owners have been notified in accordance with the public notification requirements. Property owners within 600' of this site have been notified and no comments have been received to date. PLANNING & ZONING COMMISSION ACTION: The Planning & Zoning Commission will review the applicant's request on June 1, 2004. Staff will provide an update of the Planning &Zoning Commission's recommendation at the Town Council meeting. RECOMMENDATION: Staff finds that the proposed church use is compatible with the surrounding area and will have no significant impacts to the adjacent properties. It is recommended that the Town Council approve the proposed conditional use permit with the condition listed in Exhibit"A". F:\OV\OV8\2004\8-04-01\TCrpt.6-2-04.doc TOWN OF ORO VALLEY TOWN COUNCIL STAFF REPORT Page 4 SUGGESTED MOTIONS: The Town Council may wish to consider one of the following motions: I move to adopt Ordinance No. (0)04- 19 , OV8-04-01, Conditional Use Permit for the Calvary Church, with the condition listed in Exhibit A, attached herewith. OR I move to adopt Ordinance No. (0)0419 , OV8-04-01, Conditional Use Permit for the Calvary Church, with the condition listed in Exhibit A, attached herewith and the following added conditions: OR I move to deny Ordinance No. (0)04- 19 , 0V8-04-01, finding that: . Attachments: 1. Ordinance No. (0)04- 19 2. Exhibit A 3. Project Overview 4. Site Plan 5. Floor Plan cc: Paul Parisi, Fax: 884-2502 /24' r c--4i /05:1- Planning oning 4mi . trator n�ty Devel')FIment Director Cori Town Manager F:\OV\OV8\2004\8-04-01\TCrpt.6-2-04.doc • ORDINANCE NO. (0)04- 19 AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA, REQUEST FOR A CONDITIONAL USE PERMIT FOR THE CALVARY CHAPEL LOCATED WITHIN THE FOOTHILLS BUSINESS PARK IN CLOSE PROXIMITY TO THE NORTHEAST CORNER OF ORACLE ROAD AND HENLY BOULEVARD, PARCEL 220-10-006A WHEREAS, Centre Lane LLC., representing Sigma Technologies, has requested a conditional use permit for the proposed Calvary Church to be located within a portion of the existing building at p p 10960 N. Stallard Place; and WHEREAS, the Planning and Zoning Commission, reviewed said CUP at a duly noticed Public Hearing, in accordance with State Statue, and having made its recommendations to the Town Council; and WHEREAS, the Oro Valley Town Council has duly considered the CUP at a Public Hearing and finds that it is consistent with the Town's General Plan, and other Town ordinances, NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY: SECTION 1. That the CUP to for the proposed church use in accordance with the Oro Valley p p Zoning Code Revised be granted, and that all applicable development standards and the conditions attached as Exhibit"A" shall apply thereto to said property. SECTION 2. That this ordinance and the various parts thereof are hereby declared to be revocable. If any section, sub-section, sentence, clause,word or phrase of this ordinance is, for any reason, held to be unconstitutional, such holdings shall not affect the validity of the remaining portion of this ordinance. PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona this 2nd day of June,2004. Paul H. Loomis,Mayor ATTEST: Kathryn Cuvelier, Town Clerk APPROVED AS TO FORM: Mark Langlitz, Town Attorney EXHIBIT A OV8-04-01 CALVARY CHURCH 1. If existing landscape is removed for the placement of the sidewalk and entrance (along the south side of the building), it must be replaced in another location on site. F:\OV\OV8\2004\8-04-01\TCrpt.6-2-04.doc ATTACHMENT 3 - • CALVARY CHAPEL ORO V.'„LLEY _- �'...4..::.._. _•r.. :• -_.,.��.^4.u:-}... PO BOX 6924 ORO VALLEY, A 85737 vib May 12, 2004 Town of Oro Valley- Mr. David Ronquillo Community Development Department Planning & Zoning - Building Safety 11000 N La Canada Dr Oro Valley, AZ 85737 Dear David: I am addressing the following criteria in regards to Calvary Chapel Oro Valley obtaining a conditional use permit for the building located at 11960 N Stallard Pl. Calvary Chapel Oro Valley is currently meeting at the Ironwood Ridge High School auditorium. We have been meeting there since August, 2002. The school is located in a residential neighborhood and we have never had any complaints from any of the neighbors in regards to noise or traffic problems. We currently have an average of 250 people on Sunday morning and we have one service at 10am. We would start off by having one service on Sunday morning at loam and one service on Wednesday evening starting at 7pm. The times of our services will be held when the normal business community at the technical park would already be gone for the day I. or for the weekend. Our service would be held indoors as it is now and we do not foresee any noise, smoke, odor, dust, vibration or lumination problems. We will be worshiping the Lord through music and speech so we do not anticipate any hazardous conditions in regards to any possible explosion, contamination, fire or flood. The traffic we create will not be during the normal rush hour times. Sunday morning is normally not a busy time on Oracle Road. The Wednesday service will also be held in the evening, after rush hour. There are currently 165 parking spaces. The property owner plans on building a new structure which would remove only 15 of those spaces. We have secured extra parking with the property manager of ATS Manufacturing, Doug DeSalvo, if that would ever be necessary. Their property is immediately south of us, located at 11940 N Stallard P1. Our architectural plans do address the conditional use regulations mentioned in your letter regarding replacing any landscaping removed for the sidewalk. If you have any further questions, you may contact me or my assistant, Cathy Parisi at 229-1200. Sincerely, Craig Roters -Pastor Calvary Chapel Oro Valley . ;-a tT . .. :;.::::,:_-, • ATTAC H M. . . ENT 4 •' -..-..-. -- - ._ . N 54 261211- W 345' C)OACLE ieb.2s,p .. .. . . • . . ., -..),-. • *.• -...- : - _ ...... 1s_, ,-... - -. -. - .. .. _ II l NO 4CCESS1EASEMENCVI; to.. 1 •-• - .- - ...... -.....z. I . ' • ,..., .., r- rnX - 1 - . . • ,_ -,,,, _-— ...-- ___. . . . , .. .:, - ____- : • .. ..:11.;.t 1 n O -CPP . atil :2 t v \ X % % , '43 .. 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T .. • ,.....7)(Aibi,,ILA-kb1-11) V%->45. -' :14841(\* (p i.5 Trtil ,t, M A Y 6 ttii..1 r - 1 Dt4 `seal '' ., tt,i d 1- .. 0: i.. + , Iwr i�,i,3 i. pain,. ... loss. - cough, �•..of appetite,and , ,_ 9; !,i# 4'Vt,r Yr1,0t: I generalized mus�cic,and Joan aches, r_ , z, i, particularly tinkles and I r t.,„, ��`.f� �' r.I �, particu arl of thelrI,A, t.i f1A�i JJ f�J1h:i if, ,+t. �, it 1 i J,r ,;: knees. There also may be a rash '1 � tl!' i; , :;,j .. �.,3,,, r'', 1 resembling measles or hives but it may also develop as tender red bumps on the shins car forearms.!' ISI �,. , Cr 11 Q1j,,F, s N $.; Signs and symptoms usually last from The University of Arizona Health Sciences Center (AHSC) in Tucson for days to weeks. Although complete recovery Qusually occurs,those afflicted may greater risk of contracting the feel tired or have vague aches for �otiti�eci�tn�on is valley 1'e��e� x that causes upto a year. While it is noi.often and who is most likely to get it? disease. The fungus valley lever also called fatal,occasionally valley fever What are the symptoms,and how "cocci" develops into a:were,We- is it treated? coccidioidomycosis,orp is widespread in Southwestern threatening disseminated form, desert soil. When the soil is which may involve skin,bones,the A The number of reported disturbed and dust is raised, the brain or other parts of the body. cases of valley fever in Arizona microscopic spores may be Meningitis is the most lethal form. appears to be rising significantly. inhaled with the dust,sometimes Serious and disseminated cases • Recent preliminary stiititiricsresulting in infection(valley fever require antifungal therapy, from the Arizona Department of is not contagious •it is not Those susceptible to the Health Services(ADHS)show an passed from person to person). most serious consequences of increase of more than 20 percent in ii valley fever infection are people on reported cases of valley fever in chemotherapy,onimmune sup- 2001 over 2000. The overall • , ' pression for organ transplantation gib;. increase represents a rate of 43 ; . ..:. 1 .. or who have diseases that impair cases per 100,000 elation :+:' immunity,such as AIDS, People (compared to less than 41 cases ( • •'~ who move from the Southwest to per 100,000 in 1999). t 4�, ';, ". , other parts of the country Marina a County had the . i',',.�.,,1.: "t.��',• may P � J a quently acquire a condition most reported cases • ,, {.'.,"I4; suppresses immunity,which followed by '' ,,',:;ti',/,',,...'-I, ;, .i. that tr ity, -.':','•',:•!.,''...' tom( ••r. I�1'• JY,1.(•�t�f��'�•''�!"i-Ili.. �i• • � ,,,..' : ,:' ,- 'I, ..k. ac:ttvation of infections Pima County. Penal County had ,•�• .,:Ii.. - .. �,, � .• permits m the fewest cases. Central Cali for- �` '"` : .....,:-.,.. i r ...........______ ASK AHSC . , Continued ValleyFever Since Enbrel®was introduced protein involved in the joint fever,contact the UA ago,Center for Excellence, more than two years alo,demand inflammation and fatigue of RA. (520)629-4777,or email grown has grown far beyond expecta- Both Enbrel®and Remicade® vfi,verParl.acazorua.edu. The tions,resulting in a national inhibit the action of TNF,thereby website is ht J/ shortage. The Arizona Arthritis reducing common RA symptoms, Center's � pain,swellingand • • 'zorm.edufvfce/. Center is studying Enbrel® to including www.art.,�ira while limiting joint —John N. Galgioni, MD, determine if once-a-week dosingfatigue, director, UA Valley Fever works as well as twice a week, damage. Centel-Pr Excellence (jointly Remicade®Remicade®has been Enbrel®is the only TNF • ..• of approved bythe FDA for use with inhibitor that can be used without sponsored by the University pF of additional medication. Enbrel®is Arizona and the Southern methotrexate for the treatment Arizona Veteransi�J�Jirris .. ,., moderate to severe RA in patients given by injection,normally twice a week,and can be administered Health care System);ppafr".t- who have lead an inadequate sor,medicine, (A College of • by the patient at home. Medicine;and program RemYcad��is given v an b y , r director for infectious dig ; 1 ;t: intravenous injection under � %,' eases, Southern Arizona :',.'1.:..A Y. ' medical supervision,normally at :)' ,, ; .,;:.',',.fi•!:`,0•:, ,,�,- .t two,and six weeks after the initial Veterans ure s Health Care - 4 �1-%..,:•.,•, , injection,then every eight weeks .f�• - •,: ,.; � ai, v System, Tucson. '.:',.`'.;j for the first year then six infusions •,!;:,. • The Arthritis .. a year. Arizona •`'`'4, Center has=active infusion clinic ' where more than 200 patients are Q 1've tried severalreceiving the medication on a medications for my rheumatoid regular basis. The Arizona arthritis but they haven't helped. reresponse,*to methotrexate alone. Arthritis Center played an il�3por- oew[can try? [s there anyth� 2002,the FDA gave mat role in[he development of in February Remicade®the indication"im- Remicade®and continues to A Enbrel®(etanercept)and p physical roves function,"the study the medication.Remicade,'►(infliximab)are only RA medication that ever has For more information about • new medications that are received such an indication. treating your rheumatoid arthritis relatively t 4d r+�ceav d medications Remicade®has dramaticallywith Enbrel®or Remicade®,call two of the most-usedR.etl�tc.a�cE .. to treat rheumatoid arthritis. changed the lives of many people. the Arizona Arthritis Center at Enbrel®is approved by the The Arizona Arthritis Center (520)626-5026. andDrug Administration was among the first to identify the —David Yocum, MD,director, Food � �, • t,with moderate targetofhese medications,tumor Arizona.Arthritis Center, arm! (FDA)for patients t active RA who have had necrosis tnetor(TNF),in the late prr�fcrssar;medicine, UA to severe ac ( ) an inadequate response to one or 1980s. TNF is an immune system College of'Medic•itte, Tucson more anti-rheumatic medications. ZOO rpi F L.IOATP) 731 6-UF OZ9 INA T:qT 17017/7O/9O R •i::.;,:;.,:,.. .'fk•,'�r!ili:„':Z',,:``':•,''r 1h P'I�-CVv:?.'"l•)ii"nl i yJ�!•'�I:,l.r''1)...,.'.:,•., r.J. !f•lA;:,;,;i:,,•[llJ,..1:i{:�'i�..:. •,i•;..e•.', .;ti-. ,.i _i'Fn!,'l1tfJ•:J� •'t• �•`i"_ 1,L i t ' i ,;, * �,.,.rt i(.T'i(.l,}L` :,l„:',,1f•l'.:: :1Y�.,r,i;•'•:!•'..)J..^( i:' ' iC:''+rt:3i..-tt !'1k,n.1'::'� {:;ji:.;; 1l).i"Ipl'• •L''{,1 ...: ..:: 4„,:i. 4.;:;,:_!.:::::;.:.:,:.(•.:.,::.;::...:;:.::-:::!;:::.::,-.,1:!...!:: ::;;;,,,, ,-:!,...-...,,,;.::,,.!!..:‘:..*::::,-...!.!:.: :,;k,..;c0::.f.,:..,,-. ,:::i..,:.i..;,.:.:Lt.',, 4°44', ,i..,.. 4,:::.r ..,, Valley Fever ,,,. ..;1. , ,: .. .. .:... ., :.. ..:.. .. ... . ...: :„ ... .. ...• ., . .. ...:.: .::: .: . ,.... .,. •rl:,: .J , .t. •,•.� r. t.r.�:,1. � l+, :1. 1'. if �/� 1. � .}.': :1• 1 :lir:.•'I'�•/'.�,'! !1., t�,':.f. ',:'i. '•c!.i' ,'(..!! :� t' J 'i`.1':' t:,.'�.'i ] 'ii'�'t t^:! ,.'�i,.1.'1•"'•,1��� f. J• .,I�. ",;,i,l;i 111'...3 is...r,t•.I•- ti.j ri'i:+,�1'i.�'(( .+.. ,, tt`'�E t.�,l,, �.:!, ,� at:1.1� <(., I- 1 •, t'!.f J.r. 3!,”.{'{..fit, „i:dL,t:',',�: .�,i�('J:\�,t• •(, �:t�t'.,r,:.t�.'l:il�L.,\�i-F�i 1• Lr. '`';,.•\...,i .f.,ti�l,'+,,,„,„:,,:,,1-+,..�i,,:.,.�,, .+. „:„.'1%::.;:•.1,.\'. Irb,•,'. !• .,..,If.,1tf„,;,,i�et�•lil.j... .tl. 1t.J„,„:1:!, :,;„.i: :'�i�. ' I 1 ,.,. ,5,,,. ,,. 1,5 ,,a �'+;; ,,t.t�•1•.,. ,,,tf +',t ;Q•..i.'Y'r ,• '1:}iyl,.:ZA�:�. tri .f. 3, ia,•� 1��::!:tl,ii ri .i tlrs 3'y' ,• , h�,!t.'•.i a :ls19 f1(• :,:\!l '�'.�t`, �„^r�•.t',j:)';�1,, .:;�': 'f•.' ..!'.; ',;,,t f .1,�:. i�,.• r.'!• - 1 r.';'t` '�r�' fir 'C;;;��r,�,' +,)�e ..t, •!I.tl.^ ..,t�'l. r., .\IL:',,,,1'i�,e5,,,,,,„,,, ,.l„ •,t�Z�L.:•I•\:�� �'"�.++ :;("!' I:''li ��:�!'•,..1'�)...t' �r h`.Fy ll /(I .�.�+•.f,;,.;'ll.l' .���lr C.}}1 ,, if t(•, 1, �r 11.. 'lfl.l•�ttl'';�, r � , ,+, J Y)•'+..l!,���,•51 i,';♦.1 1'••`I%\5'r �:•J�al,�ftj,•�� F i*\'t. '�,."t,1rL,s'..�',:r�ri<ll'J�u4{.,•(/�5.t�f���L,'.� '•.+��.tJ fr.+�y',,!I;I�.IrJ.�.,��,{2.t��('t It 1t+It,�{rt'.�4)<�;Li��,''•,,F•11;1�7,,;j� S {, ..: n i.,,,,.v. ; t.. .1+ ' �, \!,1 •/(.,l t .yt+:!t.i;,.1 .,„...k.,.{:,''f ' '�i ,i �. !!r' i�t� ':ll:,+�.`,f.t�,)..t ,';,'"r 'v.71.!t.f•:: .r'.t. E.. ..,f.„,...„„,..,,,,..:,,.c.„.„,,..„:.:,,:., 1 4•*:''0,,'.!q.::,::'%i; t.!.:, ..i,,...,..:,,,iiiii,,.'..:.f.!,..,:•,.y'.:.i.i::.:':::::':.! •:li i.",40, Home .., , iYf •:3i ,:11 It I `t '� l!,, tr t ; .''.''!,.!.:.'!,.;..;.:,!:1‘,:Y..'.! . . ,llv'f? 'E- r' :4,rf � .� What s ValleyFever?' : Li b for Adaption.:, • is reachingepidemic proportions in Arizona, • _{.y.,:'.:'�.::. .•• ,.'.:�•:-:�:,:: i..:.,:�:�'� ValleyFever(VF),or Coccidioidomycosis, � ..tt I,t:'•, �t•'•i. ;+•, 5/5'�cl.l•..i!`'t"1•'i;t��' than humans, by 1 rll�', `ft.s ':I 1, virtue ' 1: •+.:,' )' 't .`,#.t t;=;5,!. '• affecting both people and dos. Dogs,in fact, are even more susceptible )irr;.t. �iI.A:.'•' I.� ,r:.,.:.•1:.r= . rtheground where ValleyFevers res live. {fint Adoptions of their closer proximity to 041444444444{� :':1! . '/1'�.::�-'•'r��,;�i,l,)'�t'� ed b inhali '1-d�crellin s ares. When sails cont rung the . ��1,::.�'! �!la's,�f t; Jv.f . •J F''! infection contrac y' ;':at'a���;'.,:', ..:�.L,1.:y!� yF is a fungal t ng Soi.�1S..�r�•JYi ''•�!l:i;rt:\'C�i�ti;, . •,• :. .. . ,::; .t: �:.z::,,....}.�: . - � , . ed with the dust. Mail is disturbed F '' «1 � ` • ;fungus are disturbed and dust is raised,spores ma _a_ • ''. i d e o Library digging dos or humans), . rt wind. mong others. Dogs,known to dig •,.f by construction, g ,; _ ;. .�. : - manyspores at a ! ,.,,�,,,;„:,:;,t: ,'•1-1 and stick their noses right into the dirt,have potenti•1 r. breathe in man 00,4*".,•,,.. v.,,,,•,-,..:1,„..,,i00,41found sails of the law desert regYons of t:i; ::'::!j. ' . :,'':.;':,:!'t!:', time.The microscopically small spores are in the and ��� �•+�` • � '�' growth in Arizona and recentyears, we've seen explosive population �77 � � Memory � the southwestern U.S.In _ p � . 1.- an associated increase in nevvhome construction and extreme disturbance of the soil.The ,�.,14: : ���'�t;�L:.,' ' ,..•,,,I,•` '' `'":'� • I17��3✓� ca�\✓s �d t� Jtn rtoom.',0 *#,Stii� increase in the number of ca ses of VF s to closely correspond the increase :,. 1 ,J.. the ;.', „:::.,..,., .:� population. VF infections are more likelyto occur during certain seasons. In Arizona, r �� ,•� ; . g tai Needs Do� highest prevalence of infections occurs June through Jul and from October through November.• • t” ... :',,, ;' ,set. t'r•e 3r:::,::2%:!7:''H':i...1! N4, 4 !i1:T .;,!.1:!..'''''-:Y1 Many dogs in this part of the country become infected with VF, but do not become visibly il • mildoccurs as the dogs' defense mechanisms u�ccess . 7 In most cases,only a respiratory inflammation g .t:.:, ::(•:_ �� . However,veryyoungpuppies,older dogs, or dogs with weakened �::, :-,:..fit�;:.\:�. ;' •�::,..,,:.,, . ,. wall off the organisms. p pp it'i',:•,,ri!,�`}'��'�•�i', '1:+Irij•.,�!,'i,'i 'i\',�,••'}./ Case ofVF. severe cases, ,r�'`5.;• ''4;,'.�z> „I. ;!i1.!.0,f,tr.,r,�;E�,�.�- immune systems are at much higher riskdevelop a more serious ),Is .:1+.1J' .I; .:\. .�. .•r;. �'','.,'�''Y y g to • c, ,1.,;Jj . with t e fungal infection the disease can spread throughout the lungs and invade other org g•� p g � r multi- •t ' ' e a spore has been breathed into the lungs,the spore transforms itself into a larger,.,f'. ,..,,,,. .:......,..„,..1 Once the g • is .. �•�, •:,',.:.:... ' will a burst releasing la f/�i�k� ;,`::,`,;`;;:"'.-.!, '`; 1f.t. �� c structure called a spherule.The spherule grows and eventually , ,ili���1'tj,. �l:,"1c,6•: t; I�'il:. ,'�i'1.:tr.•dot 1'' ! cellular � � g �fj'F Nnk�' ia`)�It1ii!'4, ‘••)`ii.1;!'jr'i+s;`+,�'� ':.,r'.ti,f. • again and again. i -t �`.rL:11``` of small endospores. These developinto new spherules, and the cycle repe g g [ . • rspread from the lungs through the blaodstre to other organs. .� hat's a Lab?� �,This the fungus can be g g �1�'i,�!i�:",:I iii'IA�'\f{y1xf.: �.I;, t'.:.,•.tl ( 1 to otherpetsor �'a�an�+� � loisy �a� � Feuer �s not o members! A person with V ' cannot infect another person or a dog; a dog with VF cannot infect another dog or a person! • Primaryor Disseminated disease. Primary disease,or the initial VFxsclassifiedaseither infection, lungs and maygo away on its own, or the dog may become sick i s limited to the y . . medication. Earlysymptoms often seen in the initial stages of Valley Fever enough to require . over 102 is considered a fever),depression, and lack of are dry, harsh cough,fever(anything appetite.. Symptoms typically icall occur about 3 weeks after infection. In dogs, VF commonly Page 1 of 3 p:l/www.dlrrphoenix.orgVF..btm QQ IA S,.3ATP) Z9f7 6T7, QFC' XVI 6T:91 f7QO7/Z0/90. spreads to other parts of the body. When this happens, the dog has what is referred to as pY Disseminated disease,which means that there are fungus cocci throughout the body.These will almost certainlydie without treatment. In disseminated disease in dogs, the bones and dogs . joints the most fr uent tar ets and lameness is the most common symptom.Other are g disease include lack of appetite,lethargy,persistent of disseminatedl�� stent fever,and. the fungal infection mayreach the brain, and seizures can result. weight loss. Occasionally, g The diagnosis of Canine ValleyFever is made by the history you give your vet,the symptoms results of blood tests which measure the levels of VF antibodies the dog �s having, and produced by the dog's immunesystem. Other diagnostic testing may be required,including but not limitedtests,x-� to other blood s of the chest and/or any painful or swollen bones or x-rays joints,repeat antibody testing,etc. What Can Be Dont? developsymptomatic VF will re require treatment with an anti-fungal In most cases,dogs that9 infection, ' treatment,depending on the severity of the but usually lasts medication. It's a lengthy pe , g infection � . months,and sometimes longer. Dogs with that's invaded the brain or spine may b 12 require symptoms medication for life to keeps toms from returning.Anti-fungal medications are very )? expensive, but are the only way to treat the cause of this disease. prescribed antifungal medicines is ketocon ole (Nizoral) and is One of the most commonly g � ' It'sgiven orally,with food,and costs anywhere from $2-4 per the least expensive of the group. . . twice a day.The common side effects to Nizoral include loss of pill.A typical dose is 1 pill, y . vomiting,and rarelyliverproblems can develop. Newer antifungal drugs are appetite and v g, x and fluconazole(l)iflucan). Both drugs are reported to have fewer sideitraconazole (8pc�iyanQ ) . . effects,but they cost significantly more($8/pill). Sometimes,if a dog is'experiencing Y. y effects on ketoconazole,the veterinarian will prescribe one of these newer uncomfortable side drugs. people travel to Mexico to obtain these drugs at a lower cost. g Many p there are a few VeterinaryPharmacies that offer se medications at (1n the Phoenix area, . recommend ri to businesses,we Piave significant discount. While DLRR does not endorse or p medications is Pet Heal Pharmacy, �201.2 been told that a local possible source for these . 85363, 1-800-742--0516.Theyhave quos prices over the ph ne. 111th Ave,Youngtown,AZ Consult with your veterinarian.) most dos with the appropriate medication and treatment,do recov r The good news is that dogs, . are normal/ , and have a very good quality of li e.from this disease. In fact,most dogsacting •y with the medication.Antibodytests, also called serol gies after the first week or so of treatment , or titers,will be repeated periodically, and the results will determine the point at which the medication can be stopped. prob bly immune for the rest with and treated for VF, they are Once a dog has been diagnosed . . infection. A small percentage of dogs will die of Valley Fever,degpite of their lives from a new infect' pe g , �� medications.These are usuallydogs with severe,disseminated disease. aggressive anti fungal of this organism,funding of the very regional natureg for research related to VF is . companies don't foresee profit in investigating or developing treatments limited. Drug enough ting such a limited region. However,Assemblyman Roy Ashburn for a disease contained within gi legislation in February,2002 to provide additional funding (R-Bakersfield) introduced new rimy from the state of California for scientific research towards the development of a vaccine against VF.The bill would secure $1 million to continue the Valley Fever Research Project. Page 2af3 Ell�►ww.dlrrphoewx.orglVF.laim 1700Ej S,JoAJxlr z9J7 6TZ 079 Xvd Tg:9T TiQfl7/70/90 -, . , . . , ., \-ki ..., 0.ili Risk Advisor . . . vw, A Quarterly Publication from MICA •kNI • . ...... t ik Valley Fever on the Rise Again k % k 4 The number of reported cases of Coc cidiorryyc osis,or Valley Feer, is on the rise •a aim in Arizona. 41 -)4 According to the Arizona Department of Health Services,the numlers have i. 10,11 R. = "• mases ip 1999 Jo?,3{?cases in 2001.There is an•1 =. • iL' h:n 1:.,.. in the reported cases betwaf the year 2000 anti 041_Population growth may : •lain some of the increase but accord- et . . k,. •.N N •i ing to Dr.John G�algiani, Director of the Valley Center for cellence at the University of Arizona in ,� , Tucson,the •„%a1G«.-1 a= • '1 . •• �•"_:1.• .. • -.e E .n owth in_numbers of residen . _ � _. 4 N The 2001 jngigaN iktiiphttio Mariva roupty. 16715`....rteil cases.followed bvPtma County ' the casesin there reported cases,and Pinal County with 84 reported ca �S.Of se reported 2001,the e were more than 300, respectively,in November and •••, ber, compared to an average of 139 IN V 4 reported cases per month from January through October. \ , In review, Coccidiomycosis or'coca"'is primarly •':a.' • .,- l__n!- h. 0..l c aL•a - e h• desertamtof the southwestern United States,Central a • South America and northwestern Mex- i,„,,,, lai ICO.It is :%.• • II" 1 1 1 ...•:.." ..•, 1i Hell- . l..MI •t• .11.211,. . 1 ,t:. • ,s , t%•1 • 1 Le H al- -iiit..7,.,r.t - .I a_.1101,.;„ di.',I ..r�u:6.:ratures .fungal kann l,, 1: » a•-..i I•.:,,• •' , 1 i al I i,t1.., •111.l 4 • • 4'1 .r actio h-t.imp t' • soil.Once l'' the -.,♦ - -1- •i 1. ilAti l.I 1 R 1.I.•,t .:�. I. i 1• , •1,1 i • - = --''i,. -is. a,1 t 1.ti ti b ` spherules. ..in Arizona,infections more often occur from May through J and in the months following the sum- ' mer rainy season.October through December.In addition to -siding in an area of endemic disease, 4 , 'i ' - ..i .rl.,'•i i.- • e I. ,��c� •,r« �,. .•� •.• �l.1 �.�:�1 � a ail -- :.ricUl r. • �� -�� R+1 R • - t . ■ •1 1•-'. a_.111._•r. 1 •' .1.5% •, ,.,- • :iii.:a .1.a 1 :a •• = • :.,4a.I le II,• 1 ;a a_la• 1' a ill."7:; -1.6-11,1 - 1.=1, • al. Ar.• a. A1.4 L=AM•1 11 1 .1 z• 1 e - • •.l.• Eli 11 1•A•=i1,•romi.sed ind' 'du�•s. Physical symptomswithin thr - weeks of exposure.While •* idio- t/ . i1ll YmP generally appear . mycosis is not communicable from person to person, extre : care must be utilized when handling y cultures and specimens. k X. ! Symptoms typically involve fever,profuse sweating at night,chest pain,cough,loss of appetite and "A, ‘ generalized muscle and joint aches, particularly of the an es and knees.A rash that resembles measles or hives may also appear but develops more ofte, as tender red bumps on the shins or & forearms. Signs or symptoms usually last for days or week- Diagnosis requires specific laboratory i testing by either microscopic identification of the fungus in 'ssue, sputum or body fluid specimen, culture of the fungus from tissue,sputum or body fluid and/. detection of antibodies in serologicay specific tests in blood or other body fluids. fa' nts with Coccid' costs v mild infection that 1: "........• - .Ili!►•.1 - _ U-1. '.11 ch►,-n ILS - 6.4• ' L.6.:111!: • ,1: 1 e. °A- a►t .1 1. i I1.• I. -. : R' •,1 11. 11 a . . , '1• II 1'_. :;11.1.I Si ."11 1. :,• R all 1l •:i ll.• t!L•.1 - .•I •.•1 IL; •G 1 • a'i 1,%l. •. E1.= •.•.•1 ►i-5 I.1 !- !l- • I►•t-.a _ -T .•.11 . Serious and disseminated cases require'.antifungal therapy with ketoconazole f -conazole and fluconazole in chronic,mild-k-moderate disease and amphotericin B for rapidly progressive disease. Failure to diagnose Coccidiomycosis can be devastating for the patient and costly for the physician.A case in point involves a 42 year old black male who presented with ;. ' complaints of a headache to a neurologist,The neurologist diagnosed temporal ar- teritis and prescribed steroids.During the ensuing two months of care by the neurol- ogist the patient developed dysphasia,seizures and died.The surviving spouse and children filed a wrongful death siit alleging that the defendat neurologist was negli- gent when he failed to rule out cocci meningitis as a possible cause of the patient's neurological symptoms.The case was settled prior to trial for ascc figure amount. E • Physicians practicing in the endemic areas for coccidlomyclosis especially those in Arizona and specifically Maricopa,Pima and Pinal counties"should be aware of the increased prevalence of this disease. Patients who present with Au-like symptoms, especially when they occur outside of the`flu season',should be evaluated for Coc- cidiomycosis in light of the increased incidence of this disease.■ g00[Z] s,JBATno Z$VR 6TZ OZg X/d T7Z:5i ,all /Z0/90 TOWN OF ORO VALLEY STAFF REPORT TO THE TOWN COUNCIL MEETING DATE: June 2, 2004 TO: HONORABLE MAYOR AND COUNCIL FROM: Robert Conant, Planner II OV 12-02-06 AND OV 12-02-06A, SNELL & WILMER LAW OFFICES, SUBJECT: CONTINUED: REPRESENTING THE BEZTAK COMPANIES, REQUESTS AN AMENDMENT TO THE LANDSCAPE PLAN AND GRADING EXCEPTION BY SEEKING AN EXTENSION OF THE CONDITIONS THAT THE PERIMETER LANDSCAPING BE COMPLETED BY JUNE 1, 2004; THE PROJECT IS LOCATED ON THE SOUTHEAST CORNER OF LAMBERT LANE AND LA CANADA DRIVE, PARCEL 224-250-25C BACKGROUND: On May 19, 2004 Town Council extended the completion date of the landscaping for the Beztak project to June 3 and continued, to the June 2 Council meeting, the request to extend the landscaping requirement. The Staff Report dated May19, 2004 is attached as background and this report provides supplemental information. SUMMARY: Since the May 19 Town Council meeting the following has occurred: • The apartment building plans have been resubmitted and are being reviewed. • The restaurant building is ready for the building permit to be issued. • The commercial building along Lambert Lane is ready for the building permit to be issued. • Gradingplans are approved,but the permit has not been issued. (See Exhibit B attached.) p Asp resented in Exhibit B, the following items of the Grading Exception conditions have not yet been met: • Provide the Townp roof of construction contracts for the Lambert Lane commercial buildings. • Place in escrow all necessary funds for undergrounding utilities. • Complete the perimeter landscaping by June 3, 2004. Thea applicant (Beztak) has submitted three letters related to this request. The first two are attached to the May pp 19 staff report. In the latest letter of May 25 (attached herewith), they have requested an extension of the p perimeter landscape requirement (Exhibit A, Condition #2a as modified by the Landscape Plan Condition d) to November 1, 2004 and they have requested to construct the project in two phases. The reason for these requests is that: • The perimeter landscape alongthe south and east portions of the property are on the land for the multi- familyp component. To fully complete these improvements Beztak will need to fill the perimeter, p . especially on the east, grade the building pads along the perimeter essentially to final grade, and p y construct retainingwalls. Their lender will not allow them to do any construction on that property prior to the time they receive the loan because this will give those who construct the improvements lien rights primaryto the loan. The loan funding for the apartments will not be completed until August 30, 2004. It will take two months after the loan is approved to grade the site, complete the walls and install the landscape. • T he cost to bond the full amount of the construction is extensive approximately $1 million. (Currently, the Town has $133,590 in a restoration bond and a landscape bond of$119,273.) TOWN OF ORO VALLEY 'OWN COUNCIL STAFF REPORT Page 2 • will be readyto construct the two commercial buildings on Lambert Lane starting on June 30. They Permitting them to remove the hill and complete these buildings would allow them to underground the utilities and complete the berm and landscape on Lambert Lane at an earlier date. May 25 letter, theyagreed to plant 60 to 70 trees on the south and east sides (see the attached landscape IntheMy gr plan). As thegrades rades have not been established, these trees would be temporarily planted and most would need to be replanted when Beztak is ready to grade the multi-family site. there area approximately 80 trees, ranging in height from 6' to 15', in the nursery established with the Currently, pp y . original gradingof the site. Theyare arranged in two rows on the southern portion of the east side of the site. Some of these could remain inp lace to provide screening and other could be transplanted to the areas shown on the attached landscape plan. SUGGESTED MOTIONS: I move to amend the conditions of the Grading Exception and Landscape Plan by extending the requirement to complete the perimeter landscaping to November 1, 2004 OR I move to deny the amendment to the conditions of the Grading Exception and Landscape Plan finding 'hat: OR I move to continue the Beztak request to the July 21, 2004 regular Town Council meeting and require the placement of perimeter trees approximately as shown in the attached landscape plan by June 21, 2004. Attachments: 1. Staff Report and attachments May 19, 2004 2. Exhibit B Chronology of the Grading Exception 3. Applicant Letter Dated May 25, 2004 r 4. Landscape Plan (showing trees to be temporarily placed) F / ,0,---i -, -,.....;:--= ALA j Pl annin 1 1 Zoni Administrator / S.4 .- r Conity Develop 1;ent Director Com 44,hte-9± Town Manager c: Larry Wilkinson, Beztak, fax# 248-851-4744 TOWN OF ORO VALLEY TAFF REPORT TO THE TOWN COUNCIL MEETING DATE: May 19, 2004 %rn.,- TO: HONORABLE MAYOR & COUNCIL FROM: Robert Conant,Planner II AND OV12-02-06A, SNELL & WILMER LAW OFFICES, REPRESENTING SUBJECT: OV12-02-06 THE BEZTAK COMPANIES, REQUEST AN AMENDMENT TO THE LANDSCAPE PLAN AND GRADING EXCEPTION BY SEEKING AN EXTENSION OF THE CONDITIONS ONS THAT PERIMETER LANDSCAPING BE COMPLETED BY JUNE 1, 2004, THE PROJECT IS LOCATED ON SOUTHEAST CORNER OF LAMBERT LANE AND LA CANADA DRIVE, PARCEL 224-250-25C BACKGROUND: approved the gradingexception for this project on March 5, 2003 and the Development Plan, The Town Council p Landscape Plan and Architecture on June 25, 2003 all with conditions. The grading exception and landscape condition that the perimeter landscaping had to be installed and completed by June 1, plan both contained a g 2004. The list of conditions for the original Grading Exception and Landscape Plan are attached. SUMMARY: ttached to this report are two letters from Snell & Wilmer stating that there are a number of factors, which make the June 1 deadline not reasonablyachievable. At present, the Improvement plans for the project have been approved by the TowngBuilding permits Engineer. are ready to be issued for the shops along Lambert Lane. The restaurant building is awaitingclearance from engineering, once received the building permit can be issued. Beztak has applied for a Grading Permit which has not been issued, because the necessary bonds are not in place, building permits have not been issued for the restaurant building along Lambert Lane and no construction contracts have been provided to the Town. Gradingshould commence in June but beyond the date that the landscaping needs to be in pl Thoughpossible it is to grade and landscape the perimeter areas separately it isrecommended that the grading be completed in one phase for the following reasons: from the other areas, fill which is best provided from other areas of the site rather than by hauling it • The perimeter will require in. • A single, coordinated phase minimizes the negative impacts related to grading the site. • Some of the landscape and irrigation system is likely to be destroyed by the final grading of the site. gon • Retainingwalls and buildingpads are directly adjacent to the perimeter landscape. RECOMMENDATION: circumstances involved in this case, it is recommended that the Town Council Due to the rather complex set of xtend the completion date for perimeter erimeter landscaping. Although the applicant has requested an extension enod of six months, three months should be sufficient to accomplish the conditions. TOWN OF ORO VALLEY ilifF,VELOPMENT REVIEW BOARD STAFF REPORT Page 2 SUGGESTED MOTIONS: The Town Council maywish to consider the following suggested motion: I move to amend OV12-02-0 6 and ON12-02-06A extending the completion date for the perimeter landscaping to September 1, 2004. Attachment: 1. Letters of request 2. Exhibit A Original Conditions Plannin n • . Mi' , i • nistrator • iL Deve ment Director Town Manager 111110 Snell&Wilmer 4110 L.L.P. TUCSON,ARIZONA LAW OFFICES PHOENIX,ARIZONA One South Church Avenue Suite 1500 IRVINE,CALIFORNIA Tucson,Arizona 85701-1630 SALT LAKE an,UTAH (520)882-1200 Fax:(520)884-1294 www.swlaw.com DENVER,COLORADO LAS VEGAS,NEVADA Marc G.Simon(520)8824233 May 12, 2004 msimon@swlaw.com BY FACSIMILE AND HAND DELIVERY Chuck Sweet Town Manager Town of Oro Valley 11,000 N. La Canada Drive. Oro Valley, Arizona 85737 Re: La Canada/Lambert Lane Development/Extension of Landscape Completion Date (0V12-02-06) Dear Mr. Sweet: 0110 After additional communication with the Town, our client feels it advisable to clarify several matters, and to correct any unintended misconceptions caused by our prior correspondence. is aware plans client that and applications must go through a detailed process of review, and that our client is onlyone among hundreds of applicants who each day are served by the Town. Our letter onlyintended to emphasize that our client was doing all it could, within its theprocess of ultimate plan approval and that the impending deadline for control, to expedite letion could not, under any reasonable scenario, be met. perimeter landscaping completion p this issue, our client's lender imposes timetables for submissions, and those Complicating submissions expire unless final approved plans are filed within prescribed periods of time. Due to the lengthy period ofplan approval in this matter, our client's submission did, in fact, expire on at least one occasion. As for the various new issues or difficulties encountered, those issues, as well, were not necessarily under the control of either the Town or our client, so we regret any misunderstanding in that regard. 1. PERIMETER LANDSCAPING Our client does wish to further explain certain of the realities that have come to light subsequent to the various conditions first being imposed. The completion of perimeter byJune 1, 2004, to give an example, would have required removal of the hill along landscaping Vili Snell&Wilmer is a member of LEX MUNDI,a leading association of independent law firms. Snell L.L.E 160 Chuck Sweet May 12, 2004 Page 2 Lambert Lane, thereby tying together landscaping and grading of the hill. Removal of the hill, however, under the conditions imposed by the Council, requires that construction contracts be signed and building permits be in hand for the two commercial buildings along Lambert Lane-- q and also requires that all infrastructure, even to the apartment site, be installed in one phase, simultaneously. These conditions necessitated a greatly expedited design and planning process for the buildings, with the attendant difficulty of not having tenants in place to confirm designs, income flows, and other ordinarily material factors. Despite this, final plan approval for all project components has virtually been achieved. H. REMOVAL OF THE HILL/SIMULTANEOUS INFRASTRUCTURE In addition to difficulties with respect to expediting design and planning for the two commercial buildings, the requirement of simultaneous installation of infrastructure as a precondition to the grading permit posed yet another problem. The problem created is that the apartment loan and the commercial building loan are two separate loans with separate timetables and construction start dates. As you can appreciate, work on the apartment site (whether for g landscap in or infrastructure) cannot commence prior the loan recording. The reason is that the commencement of work on that site would cause of loss of lien priority were the loan documents 111110 not first recorded. 111. CASH OR EQUIVALENT BONDS The requirement of simultaneous infrastructure installation must also contend with another reality--the requirement in the Town code that cash or equivalent bonds be posted for y - requirement would,utility infrastructure work.k. The bonding under the Council's conditions, apply for the entire project even though the apartment loan is not funded and recorded. This is not feasible, as the funding for the bond portion applicable to the apartment component work must come only from the apartment loan. On the other hand, the bond required for the commercial infrastructure can be posted immediately upon on issuance of a grading permit. Financing for that portion of the project will allow for the construction of the westerly building along Lambert Lane, as well as the infrastructure for the easterly building pad. In retrospect, the requirement of simultaneous infrastructure installation would have made better sense if it were known that the apartment development plan approval process would proceed at the same time as the commercial development plan approvals, and with enough lead time to satisfy the proposed apartment lender. As we have explained, that has not been the case, and the Town would not want to object to reasonable delays in the apartment development so long as the commercial development were proceeding. Snell LLE Chuck Sweet May 12, 2004 Page 3 IV. APARTMENT LOAN Thep component apartment of the project is, in fact, somewhat delayed due to plan processing delays,dela s, changes and other factors beyond our client's control. For whatever reason, proceededrapidly plans not have enough to meet processing timetables with our client's thatportion of the project. It will be at least ninety (90) days before our client expects lender on to have a firm commitment from its lender for the apartment component. As we have explained, our client cannot commence work on the apartment site or post bonds for infrastructure relating to that component until the loan is funded and recorded. V. TEP ISSUES Aside for the various issues set forth above, our client has had the dilemma of placing utilities underground round with a timetable set by TEP, while at the same time coordinating landscaping requirements to assure that newly landscaped areas are not destroyed by trenching g and underground contractingwork. Our client and the Town have not completed negotiation of the deposit agreement, but agreement in principle has virtually been achieved. P %MO V1. REQUEST FOR EXTENSION/SUGGESTION FOR WORK Assee�ou the problems are not simple ones, but our client is dealing with them. These y problems were not fullyknown or appreciated when the various conditions were first conceived, and our client is merelyasking for more time--until December 1, 2004--to address them in an appropriate manner. Our client is willingat this time to commence infrastructure for the two commercial pads . along Lambert Lane. Construction contracts can be signed, bonds posted, and permits issued after plans for both buildings are approved by the Town. The westerly of the two buildings is planned to be built first, and, while infrastructure for both buildings will be installed simultaneously, construction of the easterly building will commence when our client's lender has confirmed acceptable evidence of cash flow. To accomplish the foregoing, our client would need an extension of the perimeter landscaping completion letion date until December 1, 2004, and would also request authority to delay p the apartment component of the infrastructure while proceeding with the commercial infrastructure. The hill need not (and will not) be removed until our client is prepared to commence construction of the westerly building and the infrastructure and building pad for the easterly building on Lambert Lane. After completion of the infrastructure for the easterly building, our client would, as stated, commence vertical construction upon securing a tenant or other satisfaction of the lender's - Lambert Lane will be completed by the %Idcash flow requirements. Perimeter landscaping along P Snell L.L.E 1111001 Chuck Sweet May 12, 2004 Page 4 1 date, and hydro-seeding or other measures will take Decemberplace on the apartment site, as y necessary, pending the completion of perimeter landscaping within the apartment site. Our client is alsop repared at this time to make the cash deposit of its-share necessary to underground the utilities. We believe that deposit will be in the approximate sum of$214,000.00, subject to engineering approval and a form of agreement such as that we have already drafted g pp to the Town. That deposit can be made upon approval of the bond amount (i.e., and submitted commercial phase only) in connection with grading permit issuance. Should the Council have any issue or concern with the procedure and requests made gg herein, then we suggest that the landscape completion date simply be extended until December 1, 2004. We hope this additional information is of value to you and the Council. Thank you. Yours truly, Snell & Wilmer 11100 Marc G. Simon MGS:tj 310673.3 APR 3 0 200't Snell&Wilmer L.L.P. TUCSON,ARIZONA LAW OFFICES PHOENIX,ARIZONA One South Church Avenue Suite 1500 IRVINE,CALIFORNIA Tucson,Arizona 85701-1630 (520)882-1200 SALT LAS CITY,UTAH Fax:(520)884-1294 www.swlaw.corn DENVER,COLORADO LAS VEGAS,NEVADA Marc G.Simon(520)882-1233 April 30, 2004 msimon@swlaw.com BY FACSIMILE AND HAND DELIVERY Chuck Sweet Town Manager Town of Oro Valley 11,000 N. La Canada Drive. Oro Valley, Arizona 85737 Re: La Canada/Lambert Lane Development/Extension of Landscape Completion Date (0V12-02-06) Dear Mr. Sweet: As you know, represent The Beztak Company and its affiliates ("Beztak") in we connection with development develo ment at the southeast corner of La Canada and Lambert Lane (the "Development"). writing you We are to because the June 1 date presently set for compliance by . withlandscaping and related requirements is not reasonably achievable. Our client our client p g six month extension of the June 1 date, until December 1, 2004, and asks that this requests a request be scheduled for consideration by the Council at its May 19 meeting. a number of factors that contribute to this request. In addition to the various There are . which haveproven costlyand burdensome, the June 1 date is impracticable. Under conditions the terms of the various conditions, Beztak cannot begin installing the landscaping until a been issued. That permit cannot, under the same conditions, be issued until grading permit has b n building permits have been issued and construction contracts have been entered into for the two g buildins frontingLambert Lane. Our client has gone to great efforts to design these commercial g buildings on a tight timeline, all with the view toward meeting the rigid terms of the various approvals given. Buildingplans were timely submitted, and our client has promptly responded to comments from staff. Further, our client has made follow up calls, and has done all that is within expedite the process of submittal, processing, resubmittal and approval. Despite the its power to xp efforts made, approvals have not yet been issued and a variety of new issues and concerns exist. As you kn ow Beztak must, under the conditions imposed, place underground the utilities on its property fronting Lambert Lane. Our client must further place in escrow, prior to locatedSeed p p y the issuance of a buildingor grading permit, cash funds for such costs. During our recent meeting we discussed this condition and worked out a means by which to apportion the costs. _ — 1 Snell&Wil LLQ 4IW Chuck Sweet April 30, 2004 Page 2 for the work have been provided by Tucson Electric Power Company (TEP) and Cost estimates by Borderland Cpan onstruction Company, and based on these estimates, an agreement was drafted y and circulated for comment. In the interim, however, the Town has advised us of new issues, and certain discrepancies in the estimates of materials and costs must be resolved by both parties. Though ourworking client is to resolve all issues, there are additional material issues of which the Town is aware and which are beyond Beztak's control. For instance, trenching and encasement work along Lambert Lane cannot effectively be coordinated with all other work in time to place underground utilities under ound by the May deadline set by TEP, and there would obviously be no sense in finishing landscape work along Lambert Lane merely to have that work later destroyed when the utilitywork is completed. We won't belabor the host of other issues, including contractingissues, mobilization of work force, the movement of the pole by TEP, etc. Our clientspenta has great deal of time any money preparing and processing plans for its project in accordance with the directives of the Town Council. Our client's efforts have been substantial and were invested in good faith. Despite all efforts, certain delays have been and the various conditions have proven difficult and costly, and in some cases, %PIP occasioned,wasteful of resourcescontrary and to market realities and typical development processes. All of these considerations necessitate and warrant the six month extension requested. q Please communicate our request to the Council and place this matter on the agenda for consideration. Yours truly, Snell & Wilmer Marc G. Simon Honorable Mayor and Town Council Clerk of the Town 307E23.3 EXHIBIT A 0/110 CONDITIONS OF APPROVAL GRADING EXCEPTION MARCH 5, 2003 LANDSCAPE PLAN AUGUST13, 2003 OV12-02-06 AND 12-02-06A GRADING EXCEPTION CONDITIONS 1. The following conditions relate to Landscaping on the site: a. Along the Lambert Lane frontage 36-inch box canopy trees and appropriate under story vegetation shall be planted in a manner to create a dense screen. The Lambert Lane frontage is defined as extending from the eastern property corner to the eastern edge of the OSCO drive. b. Where ever feasible, a 60-inch high berm shall be constructed along the Lambert Lane frontage (frontage as defined in (a) above) with a width to be determined to support the height. c. The berm shall include under story plantings, shrubs and ground cover to stabilize the berm. d. Allp erimeter landscaping shall be installed by January 1, 2004 with the exception that if 11110 P the hill is not removed (see 2a below), the hill area shall be treated for erosion control with standard reseeding and sculpted as approved by the 1999 grading exception and development plan. 2. The following conditions relate to the general development of the site: a. Non radipermit shall be issued for the grading of the hill unless and until building g g permits have been issued and construction contracts have been entered into for the two (2) commercial buildings fronting Lambert Lane. b. All building pads and interior infrastructure shall be completed in one phase. c. Cash funds required to underground all utilities fronting Lambert Lane shall be placed in an escrow account prior to the issuance of any grading or building permits on the site. Cost estimates for the escrow account are to be determined by the Town Engineer. d. The buildingprofiles shall be lowered by additional grading to the greatest extent feasible as determined by the Town of Oro Valley Public Works Department. e. Stair step building heights and the use of stem walls for retaining shall be utilized to reduce the visual impact of the buildings and protect existing view corridors. IMO f. The roof reflectivity for all structures shall be limited to 60%. 11110 g. All fronting buildings along Lambert Lane and La Canada Drive shall be limited to single story and a maximum height of 24-feet to the top of the parapet. h. The restaurant pad shall be set back from Lambert Lane in accordance with the proposed development (minimum of 90-feet from the property boundary). LANDSCAPE PLAN CONDITIONS a. Along the Lambert Lane frontage 36-inch box canopy trees and appropriate under story vegetation shall be planted in a manner to create a dense screen. The Lambert Lane frontage is defined as extending from the eastern property corner to the eastern edge of the OSCO drive. b. Where ever feasible, a 60-inch high berm shall be constructed along the Lambert Lane frontage (frontage as defined in (a) above) with a width to be determined to support the height. c. The berm shall include under story plantings, shrubs and ground cover to stabilize the berm. d. All perimeter landscaping shall be installed by June 1, 2004 with the exception that if the hill is not removed (see 2a grading exception conditions), the hill area shall be treated for erosion control with standard reseeding and sculpted as approved by the 1999 grading exception and development plan. Exhibit B Chronology of the Grading Exceptions and Grading Permit Issuance 1. September 1, 1999, Town Council approved the first grading exception with the following conditions: a. If development does not begin in one year after grading, the applicant will have to revegetate. A time limit of two years will apply to the grading exception and one of the corners must be developed. Original grading permit issued: 8-03-00 Notice of Violation (NOV)for lack dust control: 3-05-01 Beztak requests time to install utilities before hydro seeding: 4-02-01 NOV follow up letter requesting a schedule: 4-04-01 Site hydro seeded: 6-01-01 Beztak requests a permit extension: 8-02-01 Grading permit extended: 8-02-01 Expiration of the extension 2-01-02 Beztak requests another permit extension: 1-21-02 New permit issued for a one year period: 2-01-02 Hydro seed reapplied: 10-01-02 Beztak requests a permit extension: 1-27-03 Request denied based on redesign submittal (new project): 1-31-03 Grading permit expired: 1-31-03 Osco building permit issued: 11-30-01 Bank One building permit issued: 2-18-03 b. The applicant shall work with staff to reduce the height of fill on the site. This was done during the grading plan review of the original commercial site. c. The height of fill on the perimeter of the fill area should strive to meet the Town's grading ordinance. This was done during the grading plan review of the original commercial site. d. The applicant shall work with staff to provide additional landscape elements to `beautify' the hill and landscape berm at the northeast corner of the site. This was done on the landscape plan for the commercial project. e. The approval of grading waiver based upon the concept plan known as "Concept Plan L" shall be for grading only. All other development aspects of the site, including site design and layout of buildings, shall be in accordance with the project development plan. This was not an action item. 2. March 5, 2003, the Town Council approved the second grading exception request with the following conditions: The following conditions relate to Landscaping the site: a. Along the Lambert Lane frontage 36-inch box canopy trees and appropriate under story vegetation shall be planted in a manner to create a dense screen. The Lambert Lane frontage is defmed as extending from the eastern property corner to the eastern edge of the OSCO drive. This was done on the review of the landscape plan for the project. b. Where ever feasible, a 60-inch high berm shall be constructed along the Lambert Lane frontage (frontage as defmed in(a) above) with a width to be determined to support the height. This was done on the landscape plan for the project. c. The berm shall include under story plantings, shrubs and ground cover to stabilize the berm. This was done on the landscape plan for the project. d. All perimeter landscaping shall be installed by January 1, 2004 with the exception that if the hill is not removed (see 2a below),the hill area shall be treated for erosion control with standard reseeding and sculpted as approved by the 1999 grading exception and development plan. Town Council granted an extension to June 1, 2004 The following conditions relate to the general development of the site: e. No grading permit shall be issued for the grading of the hill unless and until building permits have been issued and construction contracts have been entered into for the two (2) commercial buildings fronting Lambert Lane. Staff requires the following items to issue a grading permit for the project: construction contracts for the two commercial buildings fronting Lambert Lane; construction, landscape and restoration bonds; cash funds for the undergrounding of all utilities fronting Lambert Lane; and a completed grading permit application. All other items have been received. f. All building pads and interior infrastructure shall be completed in one phase. The grading permit will be issued for the complete project. g. Cash funds required to underground all utilities fronting Lambert Lane shall be placed in an escrow account prior to the issuance of any grading or building permits on the site. Cost estimates for the escrow account are to be determined by the Town Engineer. The Town Engineer is in the process of reviewing the cost estimates. h. The building profiles shall be lowered by additional grading to the greatest extent feasible as determined by the Town of Oro Valley Public Works Department. This was done with the review of the grading plan. i. Stair step building heights and the use of stem walls for retaining shall be utilized to reduce the visual impact of the buildings and protect existing view corridors. This done with the review of the grading plan. j. The roof reflectivity for all structures shall be limited to 60%. This was part of the architectural approval. k. All fronting buildings along Lambert Lane and La Canada Drive shall be limited to single story and a maximum height of 24-feet to the top of the parapet. This was part of the architectural approval. 1. The restaurant pad shall be set back from Lambert Lane in accordance with the proposed development (minimum of 90-feet from the property boundary). This done with the review of the grading plan. THE BEZTAK COMPANIES Real Estate Development,Construction, Management, Financing& Investments May 25, 2004 Mr. Paul Loomis, Mayor Town of Oro Valley 11000 N. La Canada Drive Oro Valley, Arizona 85737 RE: La Canada/Lambert Lane Landscape Completion Extension Dear Mr. Mayor, Thank you for meeting with us last week and sharing your comments regarding the La Canada/Lambert project. As we indicated, we are working diligently to proceed with this project as soon as possible. Consistent with the Marc Simon letter of May 12 to Mr. Chuck Sweet, we are requesting an extension of the perimeter landscaping requirement. Mr. Simon had requested a six month extension on our behalf. As we expressed in the City Council meeting of May 19, we are proceeding with two separate construction loans for the commercial and residential components of the site. We believe that the loan closing for the residential part should be on or about August 30, 2004. Construction of the perimeter walls and landscape per the approved plan e would then be completed by about November 1, 2004. In the meantime we are prepared to do the following: 1) On June 7th following the next City Council meetingprepared-to,survey we are Y and begin staking the perimeter to relocate and plant approximately 40 trees consistent with the approved landscape plan. Additionally we will be spot locate and plant an additional 20-30 trees at various locations on the perimeter. We will also install temporary irrigation at this time. This work would be complete within two weeks from the June 7th date. 2) We are prepared to close our construction loan and begin construction of the two Lambert commercial buildings by June 30. This assumes we can obtain some relief from the conditions that the entire site needs to be improved and bonded prior to starting the commercial buildings. We believe that construction of the commercial buildings as soon as possible would be positive in terms of earlier completion of buildings and landscaping on the Lambert frontage and mitigating any views from the north of the site. Additionally, this would provide early tax revenues to the city. We would leave the La Canada frontage open at this time as a construction entrance for the residential area. 31731 Northwestern Hwy. Suite 250W Farmington Hills, MI 48334-1654 •Telephone: (248) 855-5400• FAX (248) 851-4744 3) We are prepared to fund into escrow by June 30, our share of the costs associated with undergrounding the utility lines fronting Lambert Lane. This also assumes we obtain relief from the conditions indicated above. We believe that these are all positive steps and an indication of our sincerity in proceeding as soon as possible with development. We look forward to hearing from you as well as seeing you again on June 2, 2004 Sincerely, THE BEZTAK COMPANIES Larry M. 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