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AGENDA ORO VALLEY TOWN COUNCIL REGULAR SESSION APRIL 21, 2004 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 5:30 PM CALL TO ORDER ROLL CALL EXECUTIVE SESSION AT OR AFTER 5:30 PM 1 . Pursuant to ARS 38-431.03 (A) (3)Legal advice regarding the status of the Oracle Road Improvement District 2. Pursuant to ARS 38-431.03 (A)(7) Discussion regarding the purchase or lease of real property for Town Facilities 3. Pursuant to ARS 38-431.03 (A)(3) & (7) Discussion of a potential condemnation action to obtain portions of the Hopson property for the purpose of extending La Canada Drive, and declaring an emergency to exist 4. Pursuant to ARS 38-431.03(A)(3) Consultation with the Town Attorney regarding possible settlement of the Sheppard, et al. v. Town of Oro Valley Litigation (Case No.: C20030461) RESUME REGULAR SESSION AT OR AFTER 7:00 PM CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE UPCOMING MEETING ANNOUNCEMENTS —TOWN MANAGER The Mayor and Council may consider and/or take action on the items listed below: ORDER OF BUSINESS: MAYOR WILL REVIEW THE ORDER OF THE MEETING CALL TO AUDIENCE — At this time, any member of the public is allowed to 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 what you wish to discuss when completing the blue speaker card. 04/21/04 Agenda, Council Regular Session 2 1. CONSENT AGENDA (Consideration and/or possible action) A. Minutes — 3-25-04; 3-29-04 B. Building Safety Activity Report— March 2004 C. Police Report— March 2004 D. Resolution No. (R)04-30 Adopting that document known as the "Rules and Operating Procedures — Oro Valley Parks and Recreation Advisory Board — March 9, 2004" and making such document a public record E. Resolution No. (R) 04-31 Authorizing the Town of Oro Valley to enter into an Intergovernmental Cooperative Agreement with Pima County and Town of Oro Valley for Community Development Block Grant (CDBG) and Home Investment Partnership Program purposes F. Resolution No. (R) 04-32 Accepting bid and award of contract to Hunter Contracting Co., Inc. in the amount of $3,827,764.00 for the La Canada Drive Extension Project: Tangerine to Moore Road Project No. OV 30 00/01 09 G. Resolution No. (R) 04-33 Accepting bid and award of contract to Pima Paving, Inc. in the amount of $525,831.26 for the Lambert Lane Safety & Capacity Improvements No. OV 30 03/04 09 H. Resolution No. (R)04-34 Approval of an Intergovernmental Agreement between the Town of Oro Valley and the City of Tucson g relating to water service and potential acquisition in the area of Oracle Road and Magee and Hardy Roads I. Resolution No. (R)04-35 Approval of an amendment to an Intergovernmental Agreement between the Town of Oro Valley and Pima County relating to Animal Control Services —to extend the IGA for a two year term through June 30, 2006 J. OV12-03-02 Approval of the Final Plat for Vistoso Highlands, 68 single family lots located on the southeast corner of Moore Road and La Canada Drive Extended K. OV12-02-06A Approval of the Final Plat for 4 commercial/residential lots, located on the southeast corner of Lambert Lane and La Canada Drive L. Resolution No. (R)04-36 Authorizing the filing of a condemnation action to obtain portions of the Hopson Property for the purpose of extending La Canada Drive and Declaring an emergency to exist 2. RECOGNITION OF IRONWOOD RIDGE HIGH SCHOOL SCIENCE FAIR PARTICIPANTS 3. REAPPOINTMENT OF FOUR MEMBERS TO THE PLANNING AND ZONING COMMISSION WHOSE TERMS ARE DUE TO EXPIRE JUNE 30, 2004 04/21/04 Agenda, Council Regular Session 3 4. RESOLUTION NO. (R)04-37 APPROVING AND AUTHORIZING EXECUTION OF A CONTRACT WITH LVH CONSTRUCTION INC.IN THE AMOUNT OF $193,480.00 FOR CONSTRUCTION OF A NEW RESTROOM FACILITY AT JAMES D. KRIEGH PARK 5. ANNEXATION PUBLIC HEARING REGARDING A REQUEST TO ANNEX APPROXIMATELY 20.45 ACRES OF UNINCORPORATED TERRITORY LOCATED NORTH AND WEST OF THE CURRENT TOWN LIMITS IN SECTION 34, TOWNSHIP 11 SOUTH, RANGE 13 EAST, GILA AND SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA, THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER AND THE SOUTH 30 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER (ANNEXATION AREA H) 6. RESOLUTION NO. (R)04-38 AUTHORIZING AND APPROVING THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND PIMA COUNTY FOR THE IMPLEMENTATION OF THE 2004 PIMA COUNTY BOND ISSUE PROJECT FUNDING 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 "Call to Audience." In order to speak during "Call to Audience" please specify what you wish to discuss when completing the blue speaker card. ADJOURNMENT POSTED: 04/15/04 12:30 p.m. lh When possible, a packet of agenda materials as listed above is available for 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. The Town of Oro Valley complies with the Americans with Disabilities Act (ADA). If any person with a disability needs any type of accommodation, please notify the Town Clerk's Office at 229-4700 04/21/04 Agenda, Council Regular Session 4 INSTRUCTIONS TO SPEAKERS Members of thep ublic have the right to speak during any posted public hearing. However, those items not listed as a public hearing are for consideration and action by the Town Council during the course of their business meeting. Members of thep ublic may be allowed to speak on these topics at the discretion of the Chair. Ify 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 andg ive it to the Town Clerk. Please indicate on the speaker card which item number and topic you wish to speak on, or if you wish to speak during "Call to Audience", p lease specify what you wish to discuss when completing the blue speaker card. Please step forward to the podium when the Mayor announces the item(s) on the agenda which you are interested in addressing. 1 . Please state your name and address for the record. 2. Speak only on the issue currently being discussed by Council. Please organize your speech, you will only be allowed to address the Council once regarding the topic being discussed. 3. Please limit your comments to 3 minutes. 4. During "Call to Audience" you may address the Council on any issue you wish. 5. Any member of the public speaking must speak in a courteous and respectful manner to those present. Thank you for your cooperation. A. MINUTES ORO VALLEY TOWN COUNCIL SPECIAL SESSION MARCH 25, 2004 ORO VALLEY COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE SPECIAL SESSION AT OR AFTER 4:30 P.M. CALL TO ORDER 4:39 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Werner Wolff, Vice Mayor 4cj'. Paula Abbott, Council Member Dick Johnson, Council Memb 'Wa::. Bart Rochman, Council Me .::N: /tv�:i::i%ice icy%N}; +!,�/�:, ..• 'Ztel F��.:i' 1. PUBLIC HEARING— ORDINANCE NO . :: .:: 14-14 AUT ' ING AND APPROVING THE TOWN TO ENTER INT S A : 'f' `".F''EC�: t •MIC DE ELOPMENT y„y' l: !•til, "� �• "� "�` ��'•.•O VALLEY AND BP AGREEMENT BY AND BETWEEN THE T I ,, ,:. MAGEE LLC TO FACILITATE:THE DEVEL ;4::T OF A REGIONAL RETAIL CENTER WITHIN THE TO; . -- OF OR i ' LEY '/.rte l�FYr/•'!!:: :.%li Roca, 1 S. C � �,y ��5{✓���''•��"�ittn,. t e a llcant BP Magee LLCMary Beth Savel, Lewis & r �;; PowerPoint presentation. She -2 a* t1httrt- e project is located at the reviewed a p �,��?��, p J southwest corner of Oracle ' / r g ,,` �, :�.,��.. Ma a°�-' ' .� d and it sits on a three acre parcel. The shopping center will consi... O .a r.iY imatel /Y0,000 square feet. She further reported s ..'•. 8 nt `. `A was a part of the Pre-Annexation that the Economic Dev � ��,:`ent ,.',�,,�.�,. �A„��;,, ( � ) ...x�;:,� `�`�'�"'`;•.H� �`� March 2003 with the • Development agre /� " :.* "r:.1 F emen ��° � '� ��.yA�: � A� ��n Council in - '�i°�����✓Y�oved inApril 2003. annexation of the . . bein , iC ," p ;iSiF1/Gi6,r''r,w/' :,. Ms. Savel r- ed the :; rov'" ; s of the proposed EDA as follows: • R•" , E-SHA 8j6E. TYPES o . ': .12% s taxes ;ys':' o ax , y� ♦:rl li.i: ■ REVENU f ''ING AMOUNT o 46% o °2% local sales tax revenues will be shared with the developer o 2% of 3% local bed tax revenues will be shared with the developer • REVENUE-SHARING TERM o One 10-year term o Sales tax share beginning at earlier of: • September 2005 or • Issuance of 3rd Certificate of Occupancy • Bed tax sharing beginning with certificate of occupancy for hospitality use • CHANGES TO EDA SINCE MARCH 2003 o No CFD (Community Facilities District) 3/25/04 Minutes,Oro Valley Town Council Special Session o One phase only o DelayEDA for Entrada del Oro (adjoining Fry's Shopping Center) o Accelerated development schedule • SPECIAL EDA BENEFITS FOR ORACLE CROSSING o Gateway Location for the Town o Accelerated Timing-September 2005 Grand Opening projected o Infrastructure- • Up-front financing and construction of substantial public infrastructure benefit to Town o Major Public Improvements • Suffolk Drive/Oracle Road traffic light and road improvements :. • Oracle Road median cuts ,�, • ■ Oracle Road deceleration lanes (north an!",,,., thbound) tyu' o Special Infrastructure Improvements (Not re. ? Y:;:.::. Pima County) p p ,,by::o��"F:� ����::. `pJ' ontrol relief for • Northern Avenue engineered box c - ,f`-.y.. <fz�,: •;i iia. neighbors y� " -����"• ■ 10-foot sound wall alongwes 1p/-� : •ounda ins !2•of 6-foot rY ( ,,ti,.JP , J' tscreen) �J • ' ern Avenue right-of-way 20-foot sound wall setback`"�� .����� ., (ROW) ■ , nue lane'.:... '! Enhanced Northe ����:� . • in the 20-foot setback and . �� ROW ****470:100,,,,, ';;.'-'- ■ Public art ,i ,:izt,v, ,,,,,o,Nce,.. • First flush—Town S:"'0",,, ✓, �'0 ! • r ter tainag e NPDESproject ■ Five-s• ,,te ' ludin"Er' architecture ' �YNSff fi/�J, 4r,/J; /i:/.✓ COMPLIANCE WITH E I,, 'Al ' N�' ; f�` ' s EDA Policy Complies fullywith th- . �. oints J.i •;Val h., p :.. Jam. :t �;;,-.� �f� :v �����.. ���. �:. new business 1) Meets the To -yp:--.t . a ' ' A - ` e rd: "Necessary•••to attract a usiness totheT " ", ¢q.. '��0 � bythe 2) ��.::��'....�:ti I ��� . Town. YInc . 4-0 :J..: sse •s�N eted3) o u:_ lave a y `;'' tantpositive economic impact on the community" in the ' 41 ?;'Fy1":.: ¢1' to offset the short-term costs: 'J ���fr.term (20 s) �_ ���'"��� N�'•• $2.3 billion dollars , .M'''' p; 'roject-F Nr::'ales: ,mi,Y :ri:3:? 1 §' l: ' `I'ax:$ 45 million dollars • C. '•1 :: ales Tax Share: $37 million dollars (80%+ over 20 years) d. Si ""ificant number of new jobs 4) Incentives will not "continue for more than a 10 year period." 5) Provides "diversification of the Town's economy": a. Major retail businesses b. Smaller specialty retail shops c. National and local full-service dining and quick service restaurants d. Banks and Financial institutions; including corporate offices e. Hospitality (hotel, inn) f. Limited convenience uses 6) Will not require the Town to "buy land or existing buildings or construct buildings for purely private objectives." 3/25/04 Minutes,Oro Valley Town Council Special Session 3 7) Incentives shall not: a. "Exceed the cost of the project" ($34 million) or b. "Be more than 50% that the project could reasonably expect to return in [new sales tax revenues] within a ten year period" (45%). 8) Will only use "private dollars...to to up-front identified project costs." p . 9) "Incentives can be utilized for...retail [and] commercial...projects." 10) Incentives "offered in conjunction with annexation activities which are viewed as important strategically." 11)"Image-related items are also very important and should be considered along with other factors when making decisions on incentives." Oracle Crossings will present an attractive gateway to the Town and invite shoppers and their sales tax dollars from outside the Town. 4" 12)Will generate "significant sales tax revenues." ;,;;';000!::- 13)Will include specific performance criteria: °";, rif a• First flush stormwater technology -,ter b• Higher and improved sound attenua;° " walls Vglkft, c• Unified architectural designs d• Common driveways te. Integrated internal circulation �� ,;'z',; f• Shared parking opportunities `fii'.g. . Shared landscaped op ,�-c%,^-•<:..*iftisipesses"Ctwill4 cludes new commercial an'": meet community 1 )In r::.. needs not currently filled an imp p + :fiN igher level of •�`:. �" than �::;. .t r.f Haile. services/goods/products p ,i�Q,,.ash.�f.: • bt EETIN: AND CONCERNS: REGARDING NEIGHB• �� iO� `������` osed,: £f .' anWI; esign concepts for the development. She Ms. Savel reviewed theo.. v ,,. h , :��,�r ::.S,fi7j�Y: • .:,N�y i,,'r,,.,�i�','",.`,�•'.�'•,/yit?�r'`rryS. •r f,.f(ly.,f explained that they have " ? . meeting n : ' ith neighbors to discuss and present `iSf` f'•'f,,'f%.r"r>7'rn y>. fir; �� ;• the developer will continue / a•r a;3y: add` tl',sii eir concerns. She stated that p mitigation measur�.�,��... ., �.. ::.. to � ••• development landsca e tan and 4rawork closet �y�:' �:�• "•�k el gh� � ' n theplan, ;�q;�,.: ��y .:::.tom �' fv,���:./; architecture cipsign pia : duri 'j� `he Town's review and a roval rocess• She ,.: pp pi . `' '`yew corridors and stated that the view corridor preservation reviewed S��` ..`�: tions of thy�..T:�" , roof heights will slope back and downwards toward will include -��ayoofheijts, Northern Avenu a:. '` :'...... - .� ,��,1would be a minimum of 60-foot setbacks. Ms. Savel also stated tat the sound buffering would include a 10-foot sound wall and the sound wall would be moved closer to the buildings for better buffering. This would increase the setback (to 20 feet) from Northern Avenue ROW. Enhanced landscaping including berms and additional landscaping would be installed in the 20 foot setback and along Northern Avenue ROW. She further reported that existing drainage issues would be addressed by installing a box culvert to control flooding along Northern Avenue and they would work to maintain the Northern Avenue "rural" character as requested by the neighbors (includes maintaining existing and enhancing landscaping.) In conclusion, Ms. Savel stated that Oracle Crossings presents a unique opportunity for the Town and Developer to work together to accomplish the final step in the annexation 3/25/04 Minutes,Oro Valley Town Council Special Session 4 process, an economic incentive agreement that benefits Oro Valley, a development that wouldpay for itself and a model of public and private partnership that would result in a unique, attractive commercial development. In response to questions from the Council, Ms. Savel explained that: p ■ The redevelopment of the Entrada del Oro Shopping Center was about 4— 5 years away. However, discussions with the Town and the developer have been that the redevelopment of Entrada del Oro would be integrated as much as possible with the Oracle Crossings development. ■ Possible convenience uses would go through the Town's convenience review and approval process. Also, if a hotel/hospitality use were to come in for this pp development, the Development Plan would have to be resu'/ ;tted to the Town p � p �y��. and meetings would be set with the neighbors. '!' 474,M,,, the Jeff Weir, Economic Development Administrator, reportel4 i ' : ember 1997, p ' 1-� tat foc � �. Town Council adopted an Economic Development stra A : s the remaining ,.,,:, . .,.��, 1996 commercial and industrial opportunities within the ` '. �� . This Plan us� .�.., �5 -pp ,: y ' • �,:� �� abl �'fins as folio; s: General Plan as the basis for identification of the -�%F :,;• #11 Develop a strategy to encourage no •., nincorporated area residents to shop and do business in Oro Valley; an. dot a busin-zl-.f:• centive V,t//,/,.,�' ; #12 Develop and adopt �..:ry, p , herein the Town may from f,������" � :• � le bu�"``SQL " time to time use incentives to attract or "" _:.°;� ' s' <abl. " � ses. Vt„ ' j stated that aspart of the Comm ,":,.-.': o ``Development Strategy, the Mr. Weir �, i,;�����;. � � ,f,/,,,,i,,,,4;-,,,, that allow residents to live and 'tL• �" o e •Town sdesires have been to �. � ;:: ;;: work in Oro Valley; and 2 ,: a e ;ail opp , > ities that provide shopping options for existing Town resident % `,: surro::;; i, •.,,.area : sidents. He stated that it was very important to continue tot �''/ s ..-:is : the Towns retail base because of the impact of sales tax ,Yenue'� ': ' j xer yeli,t,,, *r70,„ ` ;4 �t in tober the Council adopted guidelines for an Mr. Weir fu ' � `repo ������ •��::::: 2001, Economic° -; 1opment I" Optive Policy that addressed retail projects. These guidelines included con ,' .;ion for .,0'use of incentives for attraction and retention ofcertain •�`���::.���::. � "°` rate si nificant sales tax revenues, are y ¢ '.r,.i,.velopments that: gene g businesses inclu��� ��,�'��:�e ��',�. e of a size normallymesa,:ed as a communityor regional retail center, and limit the r , amount of sharingto 50% of the new sales tax revenues that could be reasonably expected within a ten year period. that BP Magee LLC has requested an EDA that would Mr. Weir explained provide for g q tenyears of new sales tax revenue sharing generated from this specific project. The ° 46% for BP Magee percentages would be 54/° for the Town of Oro Valley and and that the revenue sharing term of ten years would begin no later than September 1, 2005. He then reviewed financial impacts of the project as follows: (term analysis is 20 years) ■ Total new sales estimated at - $2.3 billion • Creating new sales taxes of- $45.7 million • One-time fees and other revenues - $1.3 million , 3/25/04 Minutes,Oro Valley Town Council Special Session 5 ■ Non-shared sales tax revenues (year 11 -20) - $27.4 million • Town's Shared revenues @ 54% - $9.9 million • Total new Town revenues - $38.6 million ■ Developers Portion of shared revenues @46% - $8.4 million • Annualro erty taxes at build out - $1.3 million (Amphitheater School District - p p $555,000, Pima County - $440,000, Other agencies - $343,000) Town Manager Chuck Sweet reported that based on what Mr. Weir reported and on the following facts, he recommended adoption of the EDA with BP Magee LLC: • It meets one of the obligations identified in the Pre-Annexation Development Agreement for Annexation Area "B." ■ It meets all the Town's Economic Development Policies a P e:;:., uidelines. ■ The Oracle Crossings project will greatly improve Publ 1,:: ety s travel along the Oracle Road sections next to this project. ,,,c lerlib" i ■ It will significantly generate new revenues in the cerd;fi,.��,t,,:strict at very little additional costs to the Town. " "' -,10, -,- 00;,,:-N, 3x„ • Town has worked diligently on expanding s :'h .f!ax base and co in the g Y p g , ,,,. ,,0 g Town's sales tax revenues from one-times_ : -nues.�:'' es tax on construction) to sales tax on retail products. This project 4:;,,Wyre,accomplish this goal. -0,4c.r,, �`��•!'•����� ing what the 46% sales In response to question from Council M Rochma It rd t the i '`tive share would pay for: tax incentive would payfor, Ms. Sevel 'Y ►..a:: `` vvr'�: j ect (i.e. traffic light public infrastructure improvements Gonne d ; ,• rve, improvements necessary to improvement and road improvements at S f thUs f:, ` M orthe s5, � enue to control flooding, screening and Oracle Road, box culvert pro }0.:�: -y .�� ��:�• g� design enhancements for , ,� '" ;`:ilkipermit for on-site flood control, `tselfC,, i. lion ` ; and repaying of financing of the construction of the rot �t• ��� �t � °���} � projecteagtOe . 'l �' , ,�. yip 4 'ti* Council Memb,. W'444 an re• : ed to see a list of"extraordinary items" related to this d ,� mints to the 46% incentive. Mr. Weir provided the ,f.' "-41,44w. F..;:.;1. project so h,,�F d com � �� :zhe :: 0601 ma ,,,list to the followi'''r ` e recess taken at 5:28 p.m.) •,;,,,,-,,,,,,,, 44,,,,,,i. jt !, i' Mayor Loomis Y : t .';', .ie would like to simplify the Agreement and eliminate the Bed ovolm/ Tax element at this' ` nd make the Agreement for the sharing of the Sales Tax only. f After conferring with the applicants, Ms. Sevel stated that her clients would agree to forego the Bed Tax but they did have some concerns because now they would have to go back into the market and find retail uses to substitute for the hospitality (hotel)use. She stated that they were willing to do what they needed to do as they were committed to a quality project. Mayor Loomis recessed the meeting at 5:28 p.m. to allow Mr. Weir the opportunity to get the "extraordinary items" list as requested by Council Member Rochman. He also asked that the Council think about adding a "Not to Exceed" amount to the EDA. The meeting resumed at 5:48 p.m. 3/25/04 Minutes,Oro Valley Town Council Special Session 6 Mayor Loomis opened the public hearing. Bill Adler, 10720EagleEye N. E e Place, stated that the proposed EDA does not meet the requirements for incentives as there was no case made that the property would not be developed if incentives were not offered. He also stated that a "gateway" project to Oro y Valley was not one that used Pima County's development standards and one that lined up convenience uses alongOracle Road. He stated that the planned uses are ones designed to attract "regional masses" and not ones designed to provide shopping opportunities for • Oro Valleyresidents. He stated that Oro Valley residents would continue to drive to other cities where better dining, clothes, and amenities were available. Mr. Adler also p stated that infrastructure improvements should be paid for by the property owner and not r:. �r r'; bythe public. Agr.; N+Y, :::. f's comments. He Segal, 10148 N. Bighorn Drive, stated he agreed with N4,7-4: •j. Art g v /z incentive packages were to be used from "t `�=''�to -':but the Town is also stated that p g ,.; ,.h �� Sf{ •�: .:,;. f��• �'� -It that the now lookingat three different Economic Development. • :4eements. y ; X. should be used for somethingthat is un'0,.^�' ��Yand different a� ` � t become the Agreements �� " `�� greem � ��,�r�the i S goingto co '' :' 'Y ^: `agreements, hen they norm. He stated that if the Council H :•,,,.y performance. � `� f"Y �y� � w`. should at least base them on p �� ,, Vtior • �� �t���� •velo ment Agreement Doug McKee, 11836 Cassiopeia, stated t at nn Economia s- ,. p ' �,.t. ,���� ��`��� ed that-'►"t all the sales are going to �z.:' .stat :: should not be considered an entitlement': r' � �-��: ..��.: �d,�,.�f, �^:,., •.,�;. ..tition to existing businesses. be incremental, and in fact some of them 1 y:. sales of the d ��``" ��•��"����� ��:���� stated. that they are on the Hequestioned the projected a o nt Y. � ������� ���'�`�• � questioned whether they were indeed ' men �'�`x':;` average higher than the � p g Vest // � �%::H` •� r��" '�`�� Vestar development or have they to be a upscal •' :::s tha p going more - ; � o���•int s.: fedthe / : overestimated? � ';�. � 1 that the traffic on Oracle Road would � �so st �x�. ,. simply .:,Y� .. :,:,:.�:�•�,���; f ;�•„' be worse not better with ;7474,-4,•:' o ght and a lot of money was being spent to mitigate the extra •.n:••Mems ri.lie development would create. ieei4, 1.4t•.'4:,, Mayor Loo : osed :-4blic a.A.5?;,0-'40:04.414, ging. � ..Y� , yrs`•• ry>: .�.;. :estion ; Council Member Abbott, Mr. Weir explained that thethey ,Aff,,t, ''ei i(*Aw simDe `e ;, 9n•• greement (PADA)provided that the Council would consider Deve”`: = ont Agreement and would consider a request for the formation of an Economic �,,� g CommunityFaciliti "`District. He explained that the Town Council was not obligated a to approve either. In response to a questionMayorregarding from Loomis meeting the requirements of the Town Attorney Mark Langlitz stated that holding the public hearing on this item PADA, y meets the requirement of the PADA. He stated that this makes a "good faith effort" and q allows the Council to take a good hard look at the EDA. He said that the Council can now decide if the EDA is in the best interest of the Town's residents. Discussion followed regarding: ■ Confirmingprojected costs and "abnormal or extraordinary" costs to developer. proJ . 3/25/04 Minutes,Oro Valley Town Council Special Session 7 • g Staff has been working with BP Magee LLC for almost 2 years on project and they feel the numbers are reasonable. ■ emove public art element as an "extraordinary" cost as required by all R developers who build in Oro Valley. ■ Sugg est calculatingmonies over the 10 year period to come out to $2,690,000 (amountrY for"extraordinary" costs) not the $8.4 million as being requested.BP Magee LLC was a key player in the annexation of Area"B." • • "Extraordinary" cost list goes into making a quality project and amenities. • Page 4 of EDA—Possibly add a"Not to Exceed" amount. • Concerns expressed with Section 6.9 of EDA, Successors and Assigns. (However, was itpointed out that this section does provide for Town Council app .roval of assignment.) f'.•,1. • Possibly add wording in EDA for assurance that the pro ...;-:.: ill begin in a reasonablep eriod of time (18 months or 2 years) or t heat would be null and void. ,�, ` Ap. • Project meets requirements of Incentive Guider,0'2:,:,: t is a si 0 r `t:�nt ,err,`".. i i.,,I, ,... '��,�, �� � �eted in a development. It will bring in significant tax .t v:'rs. It will be • significant timelyfashion; therefore, it sh.ifld ave !,j,gnificant in'entive"Not to Exceed" amount attached to it. 'f. Y, ` 3 • '{y easure the performance criteria Possibly add somethingto the EDA that wou :>: ; ,,.,,s';;;: at the 5 year mark to minimize ri '.x e Town. f:, r%;i. • There is no risk to the Town as1044::,;,;7-!,',''v, �'� -: gany not � • �alizin costs to put in re etc. The only 14:$.sigfelel,byldlrbe that the sales weren t as an infrasy : .. : �;,•. k Ane The developer will projected then the Town suffers b z:�:•'" then try to improve ..ce of 7R. Oil§�"�"`:,�..�� �� � � a time limit and ca on the An Town invest p °a cted b "";` p■ y ��,:,.ycing iy •' ter.`. -i,�! >. incentives. "' , ` • Additional direc ,, `� '4, � a..W-40'60'y the Economic Development Incentive Policy for 3' .,:� gt ' thing. If the project is not put in, the Town does • : •��� �.� � v:•.r-yin. � �; :� The To : 'y�' ::: � . .�;:•��• ,i:15,4,-- i: �; .,,;;G�, %. <::, 'POO', f not :� ±" • :�e sales :- �tt is ��•�ood development and it meets the requirements. The ����ib`R����thi s develo m ent. VOWEA aining f` - p • Town t;benefi:;',A from this property as it sits. The Town does not receive property ,k ,O Ra . i/s property. • It is an extr' 0 qttime critical development which makes this project"unique." MOTION: Mayor Loomis MOVED to ADOPT Ordinance (0)04-14, the Economic Development Agreement with BP Magee LLC, for the development of the Oracle p g Crossings located at Oracle Road south of Magee with the following additional conditions: 1) All reference to the bed tax and any sharing of the bed tax will be removed; 2) The NTE (Not to Exceed) sharing amount of sales tax will be $6.5 million; paragraph and 3) A will be added that states that the agreement will be null and void if construction orullin of permits that would vest the property (or be similar to vesting p g the property)has not begun within two years. Council Member Johnson SECONDED the motion. 3/25/04 Minutes,Oro Valley Town Council Special Session 8 AMENDMENT TO THE MOTION: Council Member Rochman moved to amend the motion to recalculate the percentage to reflect what would provide $2,690,000 over the 10y ear period (as the amount of the incentive so as not to fund anymore than the infrastructure costs.) Council Member Abbott SECONDED the amendment. DISCUSSION: Council Member Johnson stated that $2,690,000 was artificially low and it does not reflect any of the upfront financing costs. Council Member Abbott agreed with Council Member Rochman's amendment stating that the $2,690,000 covers the costs for the improvements that are above and beyond the norm. She stated that we should not give this development more than we do others. i ;#:,0 MOTION TO AMEND, FAILED 2 — 3 with Mayor Loomis, V /Aayor or Wolff and y / ,; Council Member Johnson opposed. ;-:icy <i''�J('x:JKf'• r�,`y.^r.moi'::.,. MOTION: Council Member}:��' bott mov-J �{}.nnend the AMENDMENT TO � J� �y': THE �.�, :� vh.} .!.rf�J.4f` k - D due to a law.. Second. motion to change the cap to $5 million. MOTION Fs..'}.:;:;:v` rrlF" AMENDMENT TO THE MOTION: Vice Ma or.,xy�F � !` ed to amend the motion to y �`• �? � f�� ����} a lack of a Second. MOTION FAILED ., ::..J`�. change the cap to $7.5 million. / ,:,,H: MOTION AS PRESENTEDN` S wa!'' PROVED, 3 —2, with BY MA`��.�`• �. :�s::, -r.., �� �vr,.� J -;��� ',posed. Council4:7 Member Abbott and Council Meer !•:. : ADJOURNMENT '%, StcJJ 4iGYy/J/ f✓}S' J MOTION: CouncilM- -:� : rr Ab� �� � �VE r.: ADJOURN at 6:50 p.m. Council y u. ?.s<:� rJr� carried, 5 Member Johnson SECO a %�'; otion —0. H r'JvrJl`: jai'!':.;.. ,,,49040*, }fys; mss,'>::. ! 'N•s ctfull submitted /be" , 1:44, oxana Garrity, CMC %4F!n Deputy Town Clerk Vi/-1-40V I herebycertifythat the foregoing minutes are a true and correct copy of the minutes g of the Special Session of the Town of Oro Valley Council of Oro Valley, Arizona held on the 25th day of March 2004. I further certify that the meeting was duly called and held and that a quorum was present. Dated this day of ,2004. Kathryn E. Cuvelier, CMC Town Clerk DRAFT MINUTES ORO VALLEY TOWN COUNCIL STUDY SESSION MARCH 29, 2004 ORO VALLEY COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE STUDY SESSION: AT OR AFTER 7:00 p.m. CALL TO ORDER 7:01 p.m. PRESENT: Paul Loomis, Mayor Werner Wolff, Vice Mayor Paula Abbott, Council Member Bart Rochman, Council Member EXCUSED: Dick Johnson, Council Member 1. PRESENTATION OF NEEDS ASSESSMENT/MARKET ANALYSIS BY WEBB MANAGEMENT SERVICES REGARDING A PROPOSED PERFORMING ARTS FACILITY AT NARANJA TOWN SITE Community Development Develo ment Director Brent Sinclair, explained that the needs assessment and feasibility study fora ro osed performingarts facility at Naranj a Townsite was to identify potential audience and users, p p survey existingfacilities within the same market area, analyze the need for a facility given all the variables, potentialfacility,the benefits of a facilit , and identify the appropriate type and scale of the facility, if any, for the community. He introduced Duncan Webb,President of Webb Management who gave a Power Point presentation of the study. Mr. Webb reviewed the Town of Oro ValleyPerforming Arts Feasibility Study. The following is an outline of the topics contained in the report: • Project History. • Oro Valley Master Plan, December 1997. • The Needs Assessment. • Audiences—Who lives here, and how does the market compare nationally? • 2002 NEA Survey of Public Participation in the Arts. • RAND Report—Participation • Education and Attendance. • Barriers to Attendance. • Geographic's. • Oro Valley Projected Population Growth. • Oro Valley Age Distribution Change 1990-2000. • Income. • Race. • Educational Attainment. 03/29/04 Minutes, Council Study Session 2 • 2003 Greater Oro Valley Arts Council Survey. • Community Development Feedback. • Market Analysis. • Groups talked to. • Activity Profile. • User Feedback. • Touring Activity in Tucson. • Activity and facility summary. • Facility Inventory. • University of Arizona Facilities. • Tucson Facilities. • Oro Valley Area High Schools • Canyon Del Oro Riverfront Park Amphitheater. • Greater Oro Valley 2004 Audience Survey. • Facility Conclusions. • Economic Development—current Town initiatives for new businesses and Hotel Resorts expansion in the area. • Fundraising in Oro Valley. • Community Arts Index. • Nationwide Trends in Facility Development. • Recommendation 1: Build a small "Community Arts Center" for indoor facility, flexible theater with 200-300 seats. This facility could also be used as a multi-purpose facility for classrooms, art studios, rehearsal rooms and support space. • Recommendation 2: Build an enclosed structure,un-winterized mid-size hall that would extend the outdoor season andp rovide a very high quality space for music with the option of a flat-floor capability to support more community special events. • Recommendation 3: Develop a facility that would convert from an outdoor to enclosed structure to share production, administrative and support space. • Comparables—an overview of the various structures built throughout the United States. • Next Steps - to gather feedback on conclusions and recommendations and business planning. There was further discussion regarding recommendations 1, 2 & 3 and the possibility of combining and building the Community Arts Center and the enclosed structure at the same time as well as: • Developing the facility in phases. • Various usages. • Environmental control. • Seating capacity and style of the facility and creating a self sufficient structure. • Compatible usages (restaurants, etc.) surrounding the facility. • Square footage. • The Community Arts Index Report. • The initiation of a Business Plan. • The possibility of placing the facility in a park setting. • 03/29/04 Minutes, Council Study Session 3 Bob Weede, a representative from the Greater Oro Valley Arts Council (GOVAC), stated that the community • and the seatingcapacity for the facility was a very important factor because the community was was growing p y tremendously appreciative of culture and the arts. submitted to Council for acceptance.Mayor Loomis asked that the report be finalized and He asked that the proposal report include aconducting ro osal for a Business Plan. He further explained that he would like to see the Plan carried out in 2phases, 1) A section that would provide the basic information that would be Business and; 2) To identifythose sections of the Business Plan that may change as the demographics of the permanent unit changes and as the participation in GOVAC activities continues to increase. He stated that communityp p because of the growinginterest in the community, the Business Plan needed to have flexibility. He requested that thero osal be submitted to Council at the second meeting in April, if possible. p p Mayor Loomis recessed the meeting at 8:16 p.m. The meeting resumed at 8:27 p.m. 2. REVIEW/DISCUSSION OF RESOLUTION NO. (R)04-15 ENCOURAGING SUPPORT FOR DEVELOPERS AND HOME BUILDERS TO MEET WITH THE AMPHITHEATER SCHOOL DISTRICT REGARDING VOLUNTARY DONATIONS FOR THE CONSTRUCTION OF SCHOOLS Mayor or Loomis stated that he would like to approach this item by discussing the basics of the planning, zoning anddevelopmentplanprocess and how these items subsequently come together and where the opportunities arise forprivate property rights as well as obtaining community input. He reported that Ken Scoville, a p p y Amphitheater School District representative from and Alex Jacome, a representative from Southern Arizona p Home Builders Association (SAHBA) were present to discuss opportunities and initiatives. Community Development Develo ment Director Brent Sinclair explained that, at the request of Council, this study session was toprovide some of the provisions for the interaction of municipalities and school districts. The following information was provided for Council review: • 1996 Town of Oro Valley General Plan Policies • Oro Valley Zoning Code Requirements • Overview ofp rovisions in the following jurisdictions: Apache Junction, Cave Creek, Gilbert, Marana, Mesa,Pima County, Peoria, Scottsdale, Sahuarita, Tucson and Queen Creek. OVERVIEW Research findings can be divided into the following six themes: I. Cooperation in terms of the ability to review and comment on proposals at one or more stages of the development process (rezoning and subdivision platting being the most common). II. Encouragements of joint use facilities, often parks with schools. III. Requirements on the developer to meet with and report on such meetings prior to some noted stage of development processing. IV. Requirements to reserve land for school sites. V. Requirements to dedicated school sites. VI. Common Practices not identified in the Planning policy such as development agreements, delay of approvals, etc. • 03/29/04 Minutes, Council Study Session 4 In answer to a questionMayor from Ma or Loomis, Ken Scoville explained that the State School Facilities Board is required to provide fundingto school districts that are at their capacity and have no other alternative to provide space and facilities for the school, but if there was space available (at other schools within the District) the board would refuse to provide funding. He said that if Amphitheather School District had sufficient funds they could build their own school,but the funding mechanisms used in the past to raise funds to build a new school are no longer allowed. He reported that the $1,200.00 contribution for each home sold would be deposited in a fund for either a new school or to upgrade the facility or add additional space to an existing school. However, there are some secondary bonds that could be accessed for certain facility improvements. He explained that the $1200.00 per home was the standard amount collected for every home p that was built and sold. In answer to aq uestion from Mayor Loomis, Alex Jacome explained that what drives a new development would be the market. He explained that the market reflects what a consumer is willing to pay for the home in a subdivision. The following is a list of costs that would apply to new developments: • Land • Engineering • Grading • Infrastructure • Governmental • Road • Sewer • Electricity • Drainage • Amenities offered such as parks, future school sites which are taken into consideration in the larger developments. • Donations. Brent Sinclair reported that there were no guidelines in the Zoning Code that related to gated or a non-gated community. He explained that this amenity would be offered by the developer. Mayor Loomis expressed concern that a formula had not been identified that would accommodate all of the Y parties involved. Alex Jacome stated that the problem was not the builders or the school district but the structure setup by the State Legislature. He explained that there were innovative ways for funding schools that were being utilized in various parts of the country. He reported that SAHBA would like to discuss some of the alternatives with the school district and perhaps develop a solution that would be consistent and fair. Ken Scoville reported that Amphitheater School District was asking that the developer be required to meet with the school district and discuss issues and the particulars surrounding a new development to reveal any circumstances or advantages. He explained that the school district was not asking the Town to participate and force the developer to make an agreement,but to at least make it a requirement that the developer meet and discuss planning or rezoning issues with the school district. Council Member Abbott read the current General Plan 1996,Policy No. 5.1B (develop policies that contribute to needed infrastructure development and facility sharing as it relates to schools). She explained that this a Minutes, Council StudySession 5 03/29/04 resolution to require the developer and clause could be used in the the school district to meet and require the q developer to donate the $ p 1200.00. She explained that the contribution would be applied to the needed Infrastructure. She stated that if the Town adheres to what was in the General Plan this requirement needed to be followed. She agreed with Mr. Scoville. In answer to a question from Mayor Loomis, Mark Langlitz, Town Attorney stated that it would be a potential problem to deny a developer from building. explained He ex lained that currently, general law pertaining to cities and 1 execute certainprocedures that are specifically granted to them in either the State towns, can only Constitution or the Statutes Legislature.bythe Le islature. He explained that in the 2000 case for Apache Junction where they adopted a development m elo ment iact fee for schools, the court upheld that cities and towns do not have either p authority the constitutional or statutoryin the area of school financing. In other words, the Town is without power to actin that regard. Therefore, the Town cannot require a donation or payment from a developer to a p school district. He explained that if the Town attempted to do so, it could be challenged in court and the challenge would be successful. However, that doesn't mean the Town can't require the developers to meet with the school districtp and discuss the impact of the development on the school district. He added that if the developer refuses to meet with the school district the Town could refuse to grant the approval of the development until both parties have met. He suggested that the wording read"to meet to discuss the impact or relationship of the development with the school district." Council Member Abbott suggested that once the two entities met, the discussion should include some of the same issues required in the rezoningto determine how many children would be generated and what the q distances are to the school and which school would be impacted. She added that it would be a good idea if School District could generate a letter of the discussion which could be reviewed by Council. Amphitheater p Alex Jacome explained that SAHBA has always encouraged dialog between the builders, developers and the school district. He explained that there have been a number of builders and developers who have voluntarily met with the school district and has made contributions. He explained that if the suggested requirement became a tool to use against the builder and developer,this would be a problem. He stated the Town did not 't to enforce this type of requirement,but agreed that there should be a partnership developed have the authority Yp q between the school districts,builders, developers and the Town. Council Member Abbott stated that the only change that needed to be made in the proposed resolution was that the word"encouraging" should read "require". She suggested that this item be moved on to the next Council agenda with the changes. In answer to a question from Vice Mayor Wolff,Ken Scoville explained that the donation would provide to defer the impact of the development coming in so that students can continue to attend the facilities p neighborhood school. He further explained that there were no guarantees that the donations would be applied to schools within Oro Valley. questionMayor answer to a from Ma or Loomis, Alex Jacome explained that bonding would be a great alternative p to financing school construction. He explained that SAHBA would be taking the lead with the home builders to try and get some commonality. 03/29/04 Minutes, Council Study Session 6 Mayor Loomis stated that this was a State-wide issue and he suspected that the home builders associations in the State also had issues with how schools are being funded. He stated that if a school district coalition and various building associations were to meet and develop a solution for tweaking"Students First" and other issues,he believed some significant issues could be resolved. He stated that the League of Arizona Cities and Towns would be very supportive in helping with this issue. He said that SAHBA should try and take the lead on this issue because they would have the ability to bring the school districts together to communicate with each other. He stated that in addition to moving forward with the resolution as Council Member Abbott has requested, he would like to see SAHBA move forward on the issue as well. ADJOURNMENT MOTION: Council Member Rochman moved to adjourn the meeting at 9:46 p.m. Vice Mayor Wolff seconded the motion. Motion carried, 4-0. Respectfully submitted, Linda Hersha, Secretary II C 4---f.--71;\'' NV — - /71/ ,q 0,1..EY A- - iiiQ � 0 2 1` 100 0 N. La Canada Dr. ,;� , : V 7 Oro Valley, Arizona 85737 1 ac L, :1 Phone (520) 229-4900 FAX (520) 797-2616 ig.'° ;. ��� � 4y/! ^: : Fr �.� ® www.ovpd.org DANIEL G. SHARP, Chief of Police 4F,Y.,';',/','N;-,4„;:s! }- 4y. A p,'..;54;.p/y� A �R — y'''t .aWQ{ArP P Ov: �g'1 LADED ORO VALLEY POLICE DEPARTMENT "INTEGRITY, PRIDE, EXCELLENCE" MEMORANDUM TO:• Honorable Mayor Loomis & Oro Valley Council FROM: --,„,Chief Daniel G. 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F • Z i8' 1 O Apr-03 '� 1 c- May.-0 •� i C) ca O c) Jun-03 a) E. sr • � m = 1 ca (a —• sv ci, -9;,i,� CD -♦' a) to 'sr = G CO 73 T 'moco a. w`9 � N � CCD Si' , O (D cp J Sep-03 ,> �• CD iPti a) Oct-03 -.6, .. s� o K O j 'sr� = ,mss 1 O • .' 01 , CD Dec-03 °cs, 't9� F O s8u, I A [lam 0 co 6' O v) Feb-04 `� cy 'c-F c.,) O Mar-04 0 Y N C c;) . t0 y TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: APRIL 21, 2004 TO: HONORABLE MAYOR & COUNCIL FROM: Ainsley Anne Reeder Parks and Recreation Administrator SUBJECT: Resolution No. (R) 04- 30 Adopting that document known as the "RULES AND OPERATING PROCEDURES — ORO VALLEY PARKS AND RECREATION ADVISORY BOARD—MARCH 9, 2004" and making such document a Public Record SUMMARY: At the recommendation of Town Council, the Parks and Recreation Advisory Board (PRAB) developed Rules and g O eratin Procedures. These Rules and Operating Procedures were finalized and unanimously adopted Operating by PRAB at the March 9, 2004 regular meeting. PRAB is requesting Council approval of the Policies and Procedures as presented. SUGGESTED MOTION: The Council may wish to consider the following motion: to approve Resolution No. (R) 04- 30 adopting that document known as the "RULES AND I move pp OPERATING PROCUDURES — ORO VALLEY PARKS AND RECREAITON ADVISORY BOARD — MARCH 9, 2004". Attachments: 1) Parks and Recreation Advisory Board Rules and Operating Procedures 2) Resolution NO. (04) - 30 Parks and Recrea i•Ci Ad inistrator D••. ment Head Town Manager RESOLUTION NO. R(04)- 30 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, ADOPTING THAT DOCUMENT KNOWN AS THE "RULES AND OPERATING PROCEDURES - ORO VALLEY PARKS AND RECREAITON ADVISORY BOARD - MARCH 9, 2004" AND MAKING SUCH DOCUMENT A PUBLIC RECORD WHEREAS, the Town of Oro Valley has established its own Parks and Recreation Advisory Board ("PRAB"); and, WHEREAS, the Mayor and Town Council have requested that the PRAB adopt rules and operating procedures that conform to adopted Town Council procedures; and, WHEREAS, pursuant to direction given by the Mayor and Town Council, the PRAB developed that document known as "Rules and Operating Procedures—Oro Valley Parks and Recreation Advisory Board—March 9, 2004"; and WHEREAS, at its March 9, 2004 regular meeting, the PRAB agreed to forward the"Rules and Operating Procedures— Oro Valley Parks and Recreation Advisory Board—March 9, 2004"to the Mayor and Town Council for final approval, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA AS FOLLOWS: That certain document known as "Rules and Operating Procedures - Oro Valley Parks and Recreation Advisory Board—March 9, 2004" is hereby adopted. Said document is attached herewith and labeled as "Exhibit A" and three copies of same are to remain on file on the office of the Town Clerk, and further, said document is hereby declared to be a public record. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 21st day of April , 2004. Paul H. Loomis, Mayor ATTEST: Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Mark Langlitz, Town Attorney "Exhibit A" RULES AND OPERATING PROCEDURES ORO VALLEY PARKS &RECREATION ADVISORY BOARD MARCH 9, 2004 1. ORGANIZATION 1.1 Membership The Parks &Recreation Advisory Board shall be composed of seven members who shall be residents of the Town. The Town Council shall appoint the members in accordance with procedures adopted by the Council. All members shall serve at the will and pleasure of the Town Council. Appointments shall be for a period of two years each ending on June 30, with terms of members so staggered that the terms of no more that four members shall expire in any one year. No member shall serve more than two consecutive two-year terms (not including any time served to fill a vacancy). Vacancies for any reason shall be filled by appointment by the Council for the remainder of the unexpired term. The term of all members shall extend until their successors are appointed. 1.2 Attendance If a member misses three regular meetings within a year, the Secretary of the Board shall send a letter of inquiry requesting a response. If the response received is indicative of a continuation of frequent absences, the Parks & Recreation Advisory Board may request that the Town Council appoint a new person to complete the term. 1.3 Officers The Parks &Recreation Advisory Board shall elect a Chair and Vice Chair from among its own members in September of each year who shall serve for one year. The Chair and Vice Chair should be on alternate appointment schedules to avoid both reaching reappointment or terms limits at the same time. The Chair shall preside at all meetings and exercise all the usual rights, duties and prerogatives of the head of any similar organization. The Vice Chair shall perform the duties of the Chair in the absence or disability of the Chair. If both Chair and Vice Chair are absent from a meeting, the senior member of the Board shall preside. Vacancies in these offices created by any cause shall be filled for the unexpired term by a new election. 1.4 Secretary The Parks &Recreation Administrator or his or her designee to shall act as the Secretary to the Board. It shall be the duty of the Secretary or his or her designee to conduct all official correspondence of the Board, send out all notices required by law, ordinance or these rules of procedure; to perform all the customary duties of the office; to be the custodian of the records of the Board; to supervise the clerical work and technical preparations necessary to the disposition of business before the Board; and to perform all other duties required by law, ordinance or these rules of the Board. 1.5 Legal Counsel The Town Attorney, or his or her designated representative, shall provide legal advice for the Board except in the event of a conflict of interest or other legal bar. 2. MEETINGS 2.1 Regular Meetings Regular Meetings of the Parks &Recreation Advisory Board shall be held in accordance to Town Code Section 3-6-4 at appointed time and location and shall be duly noticed, in accordance with Arizona Revised Statutes, as to exact time. 2.2 Special Meetings The Board, on call of its Chair, or of a quorum of members, may schedule special meetings for good cause. If the Chair is unavailable, the Vice Chair can call a special meeting. At least twenty-four hours notice of the meeting shall be given to each member of the Board. 2.3 Public Meetings Meetings and hearings of the Board, except Executive Sessions shall be open to the .ublicAnyaction calling for a formal vote shall take place only at a public p meeting. All agenda materials listed shall be available to the public 24 hours before the meeting when practical. 2.4 Public Involvement wherep ractical, the Parks & Recreation Advisory Board members shall encourage public input. I 2.5 Site Inspections/Tours The Secretary shall conduct a site inspection/tours for the Parks &Recreation Advisory Board members on all Parks &Recreation matters deemed appropriate by the Chair. Parks &Recreation Advisory Board members who are unable to attend the group site inspections /tours may visit the site individually. The conduct and notice of such inspections/tours shall be as provided by law and by adopted Council procedures. 2.6 Quorum and Voting Four members shall constitute a quorum. The affirmative vote of a majority of the members voting shall be required for passage of any matter before the Parks and Recreation Advisory Board. The minutes of the meeting shall reflect the "ayes" and the "nays" cast on a particular measure, as well as the rationale for the majority vote and the names of those members who vote in the minority. If absent, or if failing to vote, the minutes shall indicate that fact. If a member declares a conflict of interest relative to a particular issue, he will abstain both from voting and from deliberations of the matter in question. 2.7 Order of Business or Agenda The order of business shall be as follows: A. Call to Order B. Roll Call—the Secretary calls Roll Call. A quorum must be present to transact business. C. Approval of minutes of previous meeting(s) D. Call to the Audience (time allotted at the discretion of the Chair) E. Unfinished Business F. New Business G. Reports H. Communications and miscellaneous business I. Adjournment 3. RULES AND AMENDMENTS 3.1 Amendment Procedure Amendments to these rules may be proposed by the Board and approved by the Town Council provided any such amendment is proposed at preceding meeting, or is submitted in writing at a prior meeting of the Board, and is recorded in the minutes of such meeting or meetings. Amendments adopted as above shall become effective at the next regular meeting of the Board. APPROVED by the Parks &Recreation Advisory Board this 9th day of March, 2004. Tom Honebrink, Chair APPROVED by the Oro Valley Town Council this day of , 2004. Paul H. Loomis, Mayor TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: April 21, 2004 TO: HONORABLE MAYOR & TOWN COUNCIL FROM: Chuck Sweet, Town Manager SUBJ: Resolution No. (R) 04 - 31 Authorizing the Town Council to enter into an Intergovernmental Agreement with Pima County for Community Development Block Grant and Home Investment Partnership Program Purposes (CDBG) SUMMARY: Historically, Oro Valley has entered into an Intergovernmental Agreement with Pima County for Community Development Block Grant (CDBG) purposes. This arrangement between Oro Valley and Pima County was initiated in 1992 and has been renewed every term except in 1998, which resulted in a loss of funding in the amount of$80,000 for the region. The proposed Intergovernmental Agreement for 2004 is for a three-year period. It is anticipated that if this IGA is approved as requested, that at the end of the period (fiscal year 2007), Oro Valley could be at a qualifying population of 50,000 people and have areas of the Town that qualify for CDBG funds. ATTACHMENTS: 1. Resolution No. (R) 04 - 31 Authorizing the Council to enter into an Intergovernmental Agreement with Pima County for Community Development Block Grant and Home Investment Partnership Program Purposes. 2. Intergovernmental Agreement with Pima County and Oro Valley for the CDBG FISCAL IMPACT: Secure approximately $150,000 annually in CDBG funds for Pima County region. RECOMMENDATION: Based upon the previous approval of similar IGA's with Pima County for CDBG purposes, it is recommended that Resolution No. (R) 04 - be approved with appropriate amendments that will clarify the Town of Oro Valley's authority as to what projects are considered for CDBG funding in the Town. SUGGESTED MOTION: I move to approve Resolution No. (R) 04 - 3 i authorizing the Council to enter into an Intergovernmental Cooperative Agreement with Pima County for Community Development Block Grant and Home Investment Partnership Program Purposes. C ck Swe- 11, Manager RESOLUTION NO. (R) 04 - 31 A RESOLUTION OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING THE TOWN OF ORO VALLEY TO ENTER INTO AN INTERGOVERNMENTAL COOPERATIVE AGREEMENT WITH PIMA COUNTY FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)AND HOME INVESTMENT PARTNERSHIP PROGRAM PURPOSES WHEREAS, the Town of Oro Valleyand Pima County desire to engage in housing and community development activities as authorized under the Housing and Community Development Act of 1974 and subsequent amendments; and it is necessaryto enter into an Intergovernmental Cooperative Agreement in WHEREAS, order to meet the requirements of the Housing and Community Development Act of 1974 and subsequent amendments; and WHEREAS, the Town of Oro Valley and Pima County are public agencies under the Provision of Sections 11-951 et seq. of the Arizona Revised Statutes, and each is authorized by law to enter into joint powers agreements; and the Town of Oro Valleyand Pima County are individually authorized by WHEREAS, law to engage in housing and community development activities; and WHEREAS, the Town of Oro Valleyand Pima County do hereby find and determine that it is to t he best interest of the residents of the unincorporated areas of the County and the Town ofhousing Oro Valleythat and community development activities be performed jointlyin accordance with the provisions of this Agreement and that the U.S. Department Housing and Urban Development recommends that expenditures of funds for each of Ho g p purpose be on an Urban County basis; and WHEREAS it is mutually beneficial to each of the parties hereto for Pima County to and execute the provisions of the Agreement in accordance with the terms and administerp n itions hereinafter provided and subject to local ordinance and State and Federal law. cod NOW THEREFORE, BE IT RESOLVED, that the Mayor and Council of the Town of Oro Valley,lle Arizona, do enter into an Intergovernmental Cooperative Agreement with the County of Pima for CDBG and Home Program purposes, and the Mayor is authorized to execute said Intergovernmental Agreement on behalf of the Town of Oro Valley. PASSED AND ADOPTED by Mayor Ma or and Town Council of the Town of Oro Valley, Arizona this 21st day of April , 2004. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: Kathryn E. Cuvelier, Town Clerk APPOVED AS TO FORM: Mark Langlitz, Town Attorney PIMA COUNTY COMMUNITY SERVICES DEPARTMENT Hank Atha COMMUNITY DEVELOPMENT BLOCK GRANT DIVISION Director 2797 E. AJO WAY, 3RD FLOOR TUCSON, ARIZONA 85713 (520) 243-6789 TO: Chuck Sweet Town Manager FROM: Allen Kulwin Community Development Coordinator DATE: March 1, 2004 SUBJECT: Urban County 3-Year Cooperation Agreement Please have the enclosed IGA placed on your town council's agenda for consideration. I need all three copies returned to my office. Feel free to call me if you have any questions or need me to bep resent when the town council reviews the IGA. I need the IGA returned as soon as possible because I must then have the documents executed by the Board of Supervisors, and submitted to HUD by May 1, 2004. Enclosure RESOLUTION NO. 2004- RESOLUTION N OF THE BOARD OF SUPERVISORS OF PIMA COUNTY, ARIZONA AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL COOPERATIVE AGREEMENT BETWEEN PIMA COUNTY AND THE TOWN OF ORO VALLEY FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND HOME INVESTMENT PARTNERSHIP PROGRAM. WHEREAS, County and Town may contract for services and enter into agreements with one another for joint or cooperative action pursuant to A.R.S. § 11-951, et seq.; and WHEREAS, it is necessary to enter into an Intergovernmental Cooperative Agreement in order to meet the requirements of the Housing and Community Development Act of 1974 and subsequent amendments; and WHEREAS, County and Town desire to engage in housing and community development activities ies as authorized under the Housing and Community Development Act of 1974 and subsequent amendments; and WHEREAS, County and Town do hereby find and determine that it is in the best interest of the sidep nts of the unincorporated areas of the County and of the Town of Oro Valley that housing and community development develo ment activities be performed jointly in accordance with the provisions of this Agreement and that the U.S. Department of Housing and Urban Development (HUD) recommends that expenditures of funds for each purpose be on an Urban County basis; and WHEREAS, it is mutually beneficial to each of the parties hereto for the County to administer execute theprovisions of the Agreement in accordance with the terms and conditions hereinafter and provided and subject to local ordinance and State and Federal law; now, therefore BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF PIMA COUNTY, ARIZONA, as follows: 1. The Intergovernmental Cooperative Agreement between Pima County and the Town of Oro Valley for the Community Development Block Program and Home Investment Partnership Program is hereby approved; and 2. The Chair of the Board of Supervisors is hereby instructed and authorized to sign the Intergovernmental Cooperative Agreement for the Pima County Board of Supervisors. PASSED AND ADOPTED ON THIS DAY OF , 2004 PIMA COUNTY, A Body Politic & Corp ATTEST: Chair, Board of Supervisors Clerk of the Board APPROVED AS TO FORM: v Deputy County Attorney Intergovernmental Cooperative Agreement between Pima County and Town of Oro Valley for the Community Development Block Grant Program and Home Investment Partnership Program This Intergovernmental Cooperative Agreement made and entered into this day of 2004, by and between the County of Pima, a body politic and corporate of the State of Arizona, hereinafter referred to as "County," and the Town of Oro Valley, a municipal corporation of the State of Arizona, located within the boundaries of the County of Pima, hereinafter referred to as"Town." RECITALS A. WHEREAS County and Town may contract for services and enter into agreements with one another for joint or cooperative action pursuant to A.R.S. § 11-951, et seq. B. WHEREAS it is necessary to enter into a Cooperative Agreement in order to meet the requirements of the Housing and Community Development Act of 1974 and subsequent amendments. C. WHEREAS County and Town are individually authorized by law to engage in housing and community development activities. D. WHEREAS Countyand Town do hereby find and determine that it is in the best interest of the residents of the unincorporated areas of the County and the Town that housing and community d p . evelo nt activities be performed jointly in accordance with the provisions of this Agreement me p and that the U.S. Department of Housing and Urban Development recommends that expenditures of funds for such purpose be on an Urban County basis. E. WHEREAS it is mutuallybeneficial to each of the parties hereto for County to administer and execute theP rovisions of this Agreement and the provisions of the Agreement for Management and Implementation of the CDBG Program and HOME Program Agreements entered into by the parties, which Agreements are hereby incorporated by reference as if fully set forth herein, in accordance with the terms and conditions hereinafter provided and subject to local ordinance and State and Federal law. NOW, THEREFORE, Countyand Town, pursuant to the above, and in consideration of the matters and things hereinafter set forth, do mutually agrees as follows: 1. Pima County, as an Urban County, is hereby designated as the sponsoring agency to administer and implement the plan and program for housing and community development activities for each of the participating parties to this Agreement in accordance with the provisions of the Housing and Community Development Act of 1974 and subsequent amendments, the laws of the State of Arizona, and the terms and conditions provided herein. In this respect, the Town agrees that the County is hereby delegated the power to plan and undertake community development projects within its jurisdiction and will have ` 1 the final responsibility for selecting all CDBG and HOME projects in accordance with the approved Community Development and Housing Consolidated Plan pursuant to 24 CFR Part 91. 2. It is understood and agreed that the County as the Grantee is to take the final responsibility and to assume all the obligations of applicant for assistance under the provisions of said Housing and Community Development Act of 1974 and subsequent amendments, the three-year certifications as required by HUD, subject to change in legislation or regulations and the Consolidated Plan. 3. The County and Town agree to cooperate to undertake, or assist in undertaking, community renewal and lower income housing assistance activities, specifically urban renewal and publicly assisted housing. 4. The County and Town do not have the power to veto or otherwise restrict or withhold the support given by the County or the Town to the activities proposed in the Consolidated Plan for any program year covered by this Agreement. In the event that any participating member entity does not comply with a federal prerequisite in order for funds to be expended in such area, then said entity's share shall be expended within all or any portion of the area served by the member entities who qualify under the provisions of said Act. 5. It is understood that in order to qualify for funds under the Housing and Community Development Act of 1974 and subsequent amendments, it is necessary that a Consolidated Plan be submitted to and approved by the United States Department of Housing and Urban Development. All parties hereto agree to abide by the terms and conditions of an approved Consolidated Plan for housing and community development activities as submitted to the Department of Housing and Urban Development. Upon executing the Agreement the Town agrees not to apply for CDBG funds from the State of Arizona Small Cities Program, and may not participate in a HOME consortium except through the Urban County during the period in which it is participating in the Urban County's CDBG Program. Nothing herein shall be construed as limiting in any manner the powers of any of the respective parties to initiate and complete a local project within their respective jurisdiction with their own funds. 6. The 1st day of July, 2004, shall be the effective date of Agreement, which shall remain in force for three years. This Agreement covers CDBG and HOME Program funding for Federal Fiscal years 2005, 2006, and 2007. This Agreement may be amended to extend the term of Agreement in order to complete activities funded but not completed, or to expend program income received during the three years covered by this Agreement. 7. The Town and the County recognize that the County shall be the governmental entity required to execute any grant agreement received pursuant to Consolidated Plan, and that the County shall thereby become responsible thereunder for the proper performance of theP lan and program. The Town agrees that it shall fully cooperate with the County in all efforts hereunder and that they will assist in doing any and all things required or appropriate to comply with the provisions of any grant agreement received by the County pursuant to the Act and its regulations. 8. All records of the County or Town related to this Consolidated Plan and any projects undertakenp ursuant thereto shall upon reasonable notice, be available for inspection by HUD, County, and/or Town auditors, during normal business hours. 9g This Intergovernmental Cooperative Agreement shall be binding upon the parties hereto, their successors and assignees. Any assignment of Agreement shall be void without the consent of the other party. 10. Pursuant to thep rimary objective of Title I of the Housing and Community Development Act of 1974, thep arties hereby agree to direct their Community Development Block Grant and HOME Program resources toward the development of viable urban communities, by Pg rovidin decent housing and a suitable living environment and expanding economic opportunities; principally for persons of low- and moderate-income. 11. Countyand Town will take all required actions necessary to comply with the Urban County's Certification required by Section 104(b) of Title I of the Housing and Community 1964, Development Act of 1974, as amended, including Title VI of the Civil Rights Act of p the Fair Housing Act, section 109 of Title I of the Housing and Community Development Act of 1974 and other applicable laws. County shall not fund Town if the Town does not affirmatively further fair housing within its own jurisdiction. County and Town agree to affirmatively further fair housing within County and Town. Town shall take no actions to impede the County's actions to comply with County fair housing certification. 12. Countyand Town have adopted and are enforcing policy prohibiting the use of excessive force bylaw enforcement agencies within its jurisdiction against any individuals engaged in g non-violent civil rights demonstrations; and A policyof enforcingapplicable State and local laws against physically barring entrance to p rights exit from a facility or location which is the subject of such non-violent civil demonstrations within its jurisdiction. parties The agree that a fully executed amendment or amendments to this Agreement shall be entered into as required or necessary to implement a detailed and formulated plan andas ram ro contemplated hereunder or for the purpose of complying with any grant p g p agreement received or the regulations issued pursuant to the Act. Failure by either partyto adopt an Amendment to this Agreement incorporating all changes necessary to meet the requirements for cooperation Agreements set forth in the Urban CountyQualification Notice applicable for the year in which the next qualification of the Urban County is scheduled shall automatically terminate this Agreement following the for expenditure of all CommunityDevelopment Block Grant and HOME funds allocated use in the Town's jurisdiction. 14. Pursuant to 24 CFR 570.501(b), the Town is subject to the same requirements applicable to pincluding subrecipients, the requirement for a written Agreement set forth in 24 CFR 570.503. 15. The County, as the CDBG grant recipient for the urban county has full responsibility for the execution of the community development program, for following its Consolidated Plan, and for meeting the requirements of other applicable laws (e.g., National Environmental Policy Act, Uniform Relocation Act, Fair Housing Act, Title VI of the Civil Rights Act of 1964, Sec. 504 of the Rehabilitation Act of 1973, Sec. 109 of the Housing and Community Development Act of 1974, the Americans with Disabilities Act of 1990, and for affirmatively furthering fair housing). County shall be held accountable for the accomplishment of the community development program, for following the Consolidated Plan, and for ensuring that actions necessary for such accomplishment are taken by Town. 16. The parties acknowledge that A.R.S. § 38-511 requires that notice of A.R.S. § 38-511 be included in every contract of a political subdivision of the State of Arizona and that both parties must comply with all applicable provisions of Arizona Executive Order 75-5, as amended by Executive Order 99-4 [relating to non-discrimination]. THIS SPACE INTENTIONALLY LEFT BLANK r parties WITNESS WHEREOF, the hereto have caused this Cooperative Agreement to be executed the-day of , 2004 . PIMA COUNTY BOARD OF SUPERVISORS TOWN OF ORO VALLEY Chair, Board of Supervisors Mayor ATTEST: ATTEST: Clerk, Board of Supervisors Town Clerk REVIEWED BY: .r, Community Services Dept. Pursuant to A.R.S. §11-952, the undersigned, Pursuant to A.R.S. §11-952, the undersigned, Pima County's legal counsel ounsel has determined Town of Oro Valley's legal Counsel has determined that the above Agreement is in proper form that the above agreement is in proper form and is and is within the powers granted and authority within the powers and authority granted under the laws under the laws of the State of Arizona to Pima of the State of Arizona to the Town of Oro Valley. County. Paula Wilk Typed Name of Legal Counsel Typed Name of Legal Counsel 1RdA Signature of Legal Counsel Signature of Legal Counsel • OPINION OF DEPUTY COUNTY ATTORNEY INTERGOVERNMENTAL COOPERATIVE AGREEMENT BETWEEN PIMA COUNTY AND TOWN OF ORO VALLEY FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND HOME INVESTMENT PARTNERSHIP PROGRAM I am an Attorney at Law admitted to practice in the State of Arizona and a duly appointed Deputy County Attorney for the County of Pima. I have examined the Intergovernmental Cooperative Agreement between Pima County and the Town of Oro Valley for the Community Development Block Grant Program and Home Investment Partnership Program entered into by and between the County of Pima and the Town of Oro Valley, pursuant to Title I of the Housing and Community Development Act of 1974, and I am of the opinion that the Agreement has been duly authorized by the Board of Supervisors of the County of Pima in accordance with State and local legal requirements. I am further of the opinion that the names and provisions of the agreement are authorized under state and local law and that Pima County is authorized to enter into this agreement pursuant to state and local law. To the best of my knowledge, there is no pending or threatened litigation affecting the implementation of the Cooperation Agreement or the ability of the County of Pima to be the applicant for funding as a Urban County under Title I of the Housing and Community Development Act of 1974, as amended. Deputy County Attorney Civil Division TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: April 21, 2004 TO: HONORABLE MAYOR& COUNCIL FROM: Jose N. Rodriguez,P.E. Project Manager/Civil Engineer SUBJECT: Resolution (R) 04- 32 Award of contract for Project No. 0V30- 00/01-09 La Canada Drive Extension SUMMARY: ThisJro•ect involves constructing a new 4-lane divided roadway from Tangerine Road p to Moore Road. The project includes drainage facilities, landscaping, water mains, traffic signal modifications, sanitary sewer modification, striping, signing and other incidental items. In response to the advertisement for bids,the Town received seven bid proposals. The bidro osals were opened by Town staff at 2:00 P.M. Wednesday, March 31, p p 2004. The following is a summary of the bids received: 1. Hunter Contracting Co., Inc. Roadway $2,966,327.75 Alt.No.3 (Sewer Modifications) $34,105.00 Reclaim Water $491,241.25 Potable Water $336,090.00 Total = $3,827,764.00 2. The Ashton Company,Inc. Roadway $2,947,141.00 Alt.No.3 (Sewer Modifications) $21,727.50 Reclaim Water $550,456.50 Potable Water $327,372.00 Total = $3,846,697.00 TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 3 3. Granite Construction Company Roadway $2,827,394.00 Alt. No.3 (Sewer Modifications) $35,410.00 Reclaim Water $611,360.00 Potable Water $400,670.00 Total = $3,874,834.00 4. Borderland Construction Co.,Inc Roadway $2,970,560.95 Alt.No.3 (Sewer Modifications) $28,465.90 Reclaim Water $512,979.00 Potable Water $385,090.00 Total = $3,897,095.85 5. Haydon Building Corporation Roadway $2,971,417.80 Alt. No.3 (Sewer Modifications) $92,662.50 Reclaim Water $566,165.00 Potable Water $377,540.00 Total = $4,007,785.30 6. K E & G Development, LLC Roadway $2,943,082.12 Alt. No.3 (Sewer Modifications) $29,195.00 Reclaim Water $672,275.00 Potable Water $448,830.00 Total = $4,093,382.12 7. Southern Arizona Paving,Inc. Roadway $3,390,304.70 Alt. No.3 (Sewer Modifications) $27,884.00 Reclaim Water $569,540.00 Potable Water $440,315.00 Total = $4,428,043.70 Engineer's Estimate Roadway $3,433,604.00 Alt. No.3 (Sewer Modifications) $24,190.00 Reclaim Water 624,760.00 Potable Water $501,250.00 Total = $4,583,804.00 TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 3 of 3 ATTACHMENTS: Resolution(R) 04 - 32 FISCAL IMPACT: Funding for this project is available from budgeted Town funds Funding Summary: Help Loan through PAG/ADOT and Town Wide Impact Fees Roadway $5,000,000.00 Will be paid by La Canada Partners Development Alt.No.3 (Sewer Modifications) $24,190.00 Water Department Fiscal year 03/04 Reclaim Water $1,500,000.00 Potable Water $500,250.00 RECOMMENDATION: Public Works staff recommends the awarding of this contract to Hunter Contracting Co., Inc. through the adoption of the attached resolution. SUGGESTED MOTION: The Council may wish to consider one of the following motions: I move to approve Resolution(R) 04 - 32 OR I move to deny Resolution (R) 04 - 32 )11,/tY a Nzomo,P.E., Engineering Div. Manager William A. Jansen, P.E., Town Engineer `°f7rti -4141k/7444--- Chuck Sweet, Town Manager RESOLUTION NO. (R) 04- 32 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, APPROVING AUTHORIZATION FOR THE MAYOR TO ACCEPT THE BID AND AWARD THE CONTRACT WITH HUNTER CONTRACTING COMPANY FOR THE LA CANADA ROAD EXTENSION: TANGERINE TO MOORE ROAD AND NEW WATER LINE INSTALLATIONS. WHEREAS, the La Canada Road Extension and new water line installations within the Town's right of wayis necessaryto the public health, safety, and welfare in order to gh provide for the safe, effective movement of pedestrian and vehicular traffic; and WHEREAS, the Town Council deems it necessary, in the interest of providing for the health, safety, and welfare of the citizens of Oro Valley, to authorize the Mayor to contract with Hunter Contracting Company for the extension of La Canada Road from Tangerine to Moore Road. The project includes constructing a new 4-lane divided g roadway from Tangerine Road to Moore Road, drainage facilities, landscaping, water mains, traffic signal modifications, sanitary sewer modification, striping, signing and other incidental items. THEREFORE, BE IT RESOLVED, BY THE MAYOR AND THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY,ARIZONA: Authorizing the Mayor to accept the bids and contract with Hunter Contracting Company for the extension of La Canada Road from Tangerine to Moore Road. The P y project includes constructing a new 4-lane divided roadway from Tangerine Road to Moore Road, drainage facilities, landscaping, water mains, traffic signal modifications, sanitary sewer modification, striping, signing and other incidental items. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 21 day of April , 2004. TOWN OF ORO VALLEY,ARIZONA Paul H. Loomis,Mayor ATTEST APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Mark Langlitz, Town Attorney Date Date TOWN OF ORO VALLEY ,a COUNCIL COMMUNICATION MEETING DATE: April 21, 2004 TO: HONORABLE MAYOR& COUNCIL FROM: Jose N. Rodriguez,P.E. Project Manager/Civil Engineer SUBJECT: Resolution (R) 04- 33 Award of contract for Project No. OV30- 03/04-09 Lambert Lane Safety& Capacity Improvements SUMMARY: This project involves widening various intersections along Lambert Lane to add left and right turn lanes, provide wider shoulders by overlaying the existing roadway width, starting approximately 500 feet west of La Canada and ending at the Town's west corporate limit (just west of La Cholla Blvd.), mill and overlay existing roadway sections (includes First Avenue from Lambert Lane to Naranja), install concrete headers,new pavement markings, striping and other incidental items of work. In response to the advertisement for bids, the Town received eight bid proposals. The bid proposals were opened by Town staff at 2:00 P.M. Friday, April 2, 2004. The following is a summary of the bids received: 1. Pima Paving $525,831.26 2. Dar-Hil Corp. $536,546.00 3. The Ashton Company,Inc. $547,661.00 4. Southern Arizona Paving, Inc. $549,578.00 5. Granite Construction Company $596,216.00 6. Falcone Brothers $622,564.00 7. N.A.C. $635,505.00 8. Young & Son Contracting $673,672. 00 Engineer's Estimate $517,609.00 TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 ATTACHMENTS: Resolution(R) 04 33 FISCAL IMPACT: Funding for this project is available from budgeted Town funds Funding Summary: Town-Wide Roadway Impact fees $487,000.00 HURF $38,831.26 RECOMMENDATION: Public Works staff recommends the awarding of this contract to Pima Paving, Inc. through the adoption of the attached resolution. SUGGESTED MOTION: The Council may wish to consider one of the following motions: I move to approve Resolution(R) 04 - 33 OR I move to deny Resolution (R) 04 - 33 7 aul K. nmo,P.E., Engineering Div. Manager R i ti Wil am A. Jansen,P.E. Town Engineer Chuck Sweet, Town Manager RESOLUTION NO. (R) 04-3 3 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, APPROVING AUTHORIZATION FOR THE MAYOR TO ACCEPT THE BID AND AWARD THE CONTRACT WITH PIMA PAVING INC. FOR THE LAMBERT LANE SAFETY & CAPACITY IMPROVEMENTS PROJECT NO. OV 30 03/04 09 WHEREAS, the Lambert Lane Safety & Capacity Improvements Project within the Town's right of way is necessary to the public health, safety, and welfare in order to provide for the safe, effective movement of pedestrian and vehicular traffic; and WHEREAS, the Town Council deems it necessary, in the interest of providing for the health, safety, and welfare of the citizens of Oro Valley, to authorize the Mayor to contract with Pima Paving Inc. to add left and right turn lanes, provide wider shoulders, overlay existing roadway sections, install concrete headers, new pavement markings, striping and other incidental items of work. THEREFORE, BE IT RESOLVED, BY THE MAYOR AND THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY,ARIZONA: Authorizing y the Mayor to accept the bids and contract with Pima Paving Inc. to add . left and right turn lanes, provide wider shoulders, overlay existing roadway sections, install concrete headers, new pavement markings, striping and other incidental items of work. • PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 21 s day of Ap r i 1 , 2004. TOWN OF ORO VALLEY,ARIZONA Paul H. Loomis, Mayor ATTEST APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Mark Langlitz, Town Attorney Date Date TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: April 21, 2004 TO: HONORABLE MAYOR& COUNCIL FROM: Alan Forrest, Water Utility Director SUBJECT: Resolution No. (R) 04- 34 A Resolution of the Town of Oro Valley, Pima County, Arizona, Authorizing the Execution of An Intergovernmental Agreement Between the Town of Oro Valley and the City of Tucson Relating to Water Service and Potential Acquisition in the Area of Oracle Road and Magee and Hardy Roads. SUMMARY: Due to a series of annexations by the Town of Oro Valley (Town), a portion of the City of Tucson's (City) water service area now lies within the corporate limits of the Town (see attached map - Exhibit A of Attachment 3.) In addition, there is considerable interest in commercial development within this area, however, major water system improvements are needed to meet the associated fire flow requirements. To date, the cost of making these improvements has proven to be prohibitive for the developers, as well as the City. Consequently, the commercial property owners in this area have been unable to develop their properties in accordance with their approved zoning. -n an effort to remedy this situation, the water director's for the City and the Town entered into a Letter of Understanding in September of 2003 (see attached). The Letter of Understanding provided a framework for resolving some long-standing issues regarding the level of service provided in this area and who would ultimately provide water service to these customers. Based on the principals outlined within the Letter of Understanding, an Intergovernmental Agreement was negotiated between Town staff and City staff that addresses both short-term and long-term solutions for the area. In general, the IGA allows the Town to construct an extension of its water system into the subject area in order to facilitate commercial development along Oracle Road. The Town will provide water service (domestic and fire protection)to only those properties requiring fire flow at a larger flow rate than the City can provide. In return,the Town and the City agree to negotiate and approve an agreement to transfer the City's service area within this area to the Town. If this is not accomplished within a five (5) year timeframe, however, the City would assume the responsibility to provide water service (including fire flow)to all customers in this area, subject to the following provisions: • The City will take possession of all infrastructure installed by the Town within this area and will reimburse the Town for all stranded costs associated with that infrastructure. • The City will also provide service to the Town's existing customers located on Placita De Reynaga, Yellowstone Avenue, Shadow Mountain Drive and Placita De La Poza and will compensate the Town for the value of any infrastructure owned by the Town in this area. \copy of the IGA is included as an attachment to this communication (Attachment 3.). TOWN OF ORO VALLEY 'OUNCIL N IL COMMUNICATION Page 2 of 2 Based on the execution of the Letter of Understanding and in anticipation of entering into a subsequent IGA City,with the Cit the Town has moved forward on design of a transmission main into this area, and recently bid for its construction. At thepresent time, the contractor has been given a conditional Notice to awarded a , him to be in construction on that portion of the project located within Oro Valley s Proceed (NTP) allowing g 'n water service area (i.e., north of Calle Concordia). An NTP for the portion of the project within the existi g City's service area will only be issued after the IGA has been fully executed. FISCAL IMPACT: The fiscal impactagreement of this a reement relates to the cost of constructing the new transmission line into the subject and ultimatelyto the negotiatedpurchase price of the City's service area acquired by the Town. The costs area g and construction associated with the design of the transmission main are $121,500 and $591,902, respectively, y,and are identified within the Water Department's current (FY 03-04)budget. The costs associated with the Town's acquisition of aportion of the City's service area are not known at this time and will be discussed in a q Y future agreement. RECOMMENDATIONS: The Water Utility Staff respectfully recommend approval of Resolution No. (R) 04- 34 . ATTACHMENTS: 1. Resolution No. (R) 04- 34 2. Letter of Understanding dated September 19, 2003. 3. Intergovernmental Agreement Between the Town of Oro Valley and the City of Tucson Relating to g g Water Service in the Area of Oracle Road and Magee and Hardy Roads. SUGGESTED MOTION: I move to approve Resolution No. (R) 04- 34 A resolution of the Town of Oro Valley, Pima County, Arizona, Authorizing the Execution of an Intergovernmental Agreement Between the Town of Oro Valley and the Cityof Tucson Relatingto Water Service in the Area of Oracle Road and Magee and Hardy Roads. . 7 1 Water Utility Di ctor Town Manager 0 Attachment 1 Resolution C C RESOLUTION NO. (R) 04- 34 A RESOLUTION OF THE TOWN OF ORO VALLEY, PIMA COUNTY, ARIZONA,AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND THE CITY OF TUCSON RELATING TO WATER SERVICE AND POTENTIAL ACQUISITION IN THE AREA OF ORACLE ROAD AND MAGEE AND HARDY ROADS. WHEREAS,the Town of Oro Valley is empowered by A.R.S. Title 11, Chapter 1, Article 3 to enter into this Intergovernmental Agreement (IGA); and WHEREAS, due to a series of annexations by the Town, a portion of the City's water services area now lies within the corporate limits of the Town; and there is considerable interest in development within the Oro Valley Service WHEREAS, p Area that requires increased fire flow, and the Town desires to facilitate development in this area; and WHEREAS, significant water system improvements to the City's water distribution system are needed to meet the fire flow needs for certain development in the area of Oracle Road and Magee and Hardy Roads, which currently lies within the City's water service area; and WHEREAS, the cost of making these improvements has proven to be cost prohibitive for both developers and the City; and WHEREAS, the commercial property owners in this area have been unable to develop their properties in accordance with their approved zoning; and WHEREAS, the Town can provide such service more efficiently than the City; and WHEREAS,the Town has expressed an interest in acquiring portions of the City's water service area lying within the Town's boundaries; and WHEREAS, the City desires to sell the a portion of its water service area to the Town to facilitate the Town's goal of being the water provider for all areas within the Town boundaries; and WHEREAS, long term water service by the Town within the area of Oracle Road and Magee and Hardy Roads is predicated on the eventual Town acquisition of the City's water system within this area; NOW, THEREFORE,BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Pima County, Arizona, that the Intergovernmental Agreement between the Town of Oro Valley and the City of Tucson Relating to Water Service in the Area of Oracle Road and Magee and Hardy Roads, is hereby approved. BE IT FURTHER RESOLVED that the Mayor, and or any other administrative official of the Town of Oro Valley as required, are hereby authorized to take such steps as are necessary to execute and implement the terms of the IGA. PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona, this 21st day of April , 2004. TOWN OF ORO VALLEY,ARIZONA Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Mark J. Langlitz, Town Attorney Attachment 2 Letter of Understanding r a ' LETTER OF UNDERSTANDING Due to a series of annexations by the Town of Oro Valley (Town), a portion of the City of Tucson's (City)water services area now lies within the corporate limits of the Town (City) (see attached map). In addition, there is considerable interest in commercial development within this area, and the Town would like to help facilitate commercial development in this area. However, major water system improvements are needed to meet the associated fire flow needs. To date,the cost of making these improvements has proven to be cost prohibitive for the developers, as well as the City. Consequently, the commercial property owners in this area have been unable to develop their properties in accordance with their approved zoning. In addition, the Town has expressed an interest in acquiring this service area from the City, consistent with its goal of being the water provider for all areas within the Town boundaries. Even though past discussions have taken place between the City and the Town g re ardin this issue, it will likely take a period.of time to negotiate the terms of regarding such an acquisition. In order to facilitate development in this area, the Town has proposed extending its water system into this area and providing service to those properties requiring fire flow at a higher flow rate than the City can provide. Long term water service by the Town would be predicated on the eventual acquisition of the City's water system within the subject ares.. If acquisition does not take place within a specified timeframe, all Town services and any Town infrastructure within the subject area would revert to the City, providing the Town was compensated for any stranded costs associated with its infrastructure. This arrangement recognizes the fact that any infrastructure installed within the subject area would continue to provide a benefit regardless of who ultimately provides service. • In recognition of the above circumstances, the Water Utility Directors for the City of Tucson and the Town of Oro Valley agree to negotiate in good faith to seek and support an agreement that incorporates the following: • Allow the Town to construct an extension of its water system into the subject area in order to facilitate commercial development along Oracle road. The Town, through this infrastructure, would serve only those properties requiring fire flow at a larger flow rate than the City can provide. These properties would become the Town's customers, both for domestic and fire flow service. • Set a timeframe of no more than seven (7) years for successfully negotiating the acquisition of the subject water service area by the Town and providing an alternate water supply to the acquired service area. • Provide remedies for the City and the Town if acquisition of this area is not successfully negotiated within the specified timeframe, to include the following: o All infrastructure installed by the Town and all Town water customers within the subject area will be transferred to the City. r o The City will compensate the Town for all stranded costs (i.e., cost of infrastructure less depreciation and applicable fees collected from Town customers) associated with infrastructure it has installed within the subject area. of September,Dated this I day p , 2003. IA& Da ' •' •deer, II irector Alan D. Forrest,Director Tucson Water Department Oro Valley Water Utility Attachment 3 IGA AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND THE CITY OF TUCSON RELATING TO WATER SERVICE IN THE AREA OF ORACLE ROAD AND MAGEE AND HARDY ROADS This Intergovernmental Agreement ("IGA") is entered into this day of , 2004 by and between the City of Tucson ("City") and the Town of Oro Valley ("Town"). RECITALS A. WHEREAS, due to a series of annexations by the Town, a portion of the City's water services area now lies within the corporate limits of the Town, the"Oro Valley Service Area"; and B. WHEREAS, there is considerable interest in development within the Oro Valley Service Area that requires increased fire flow, and the Town desires to facilitate development in this area; and C. WHEREAS, significant water system improvements to the City's water distributions system are needed to meet the fire flow needs for certain development in the Subject Area, which lies within the Oro Valley Service Area; and D. WHEREAS, the cost of making these improvements has proven to be cost prohibitive for both developers and the City; and E. WHEREAS, the commercial property owners in this area have been unable to develop their properties in accordance with their approved zoning; and F. WHEREAS, the Town can provide such service at less cost than the City; and G. WHEREAS, the Town has expressed an interest in acquiring the Oro Valley Service Area, which includes the Subject Area, from the City, consistent with the Town's goal of being the water provider for all areas within the Town boundaries; and H. WHEREAS, the City desires to sell the Oro Valley Service Area to the Town, which includes the Subject Area, to facilitate the Town's goal of being the water provider for all areas within the Town boundaries; and I. WHEREAS, long term water service by the Town within the Subject Area is predicated on the eventual Town acquisition of the City's water system within the Oro Valley Service Area; NOW, THEREFORE, in consideration of the mutual covenants and agreements herein set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: Oro Valley, Tucson Water, Service Area Purchase IGA AGREEMENT 1. Accuracy of the Recitals. The Parties to this Agreement hereby acknowledge and confirm the accuracy of the Recitals, which are incorporated herein by this reference. 2. Oro Valley Service Area: The Oro Valley Service Area encompasses an area within the boundaries of the Town that receive water service from the City, and some lots that are located outside the Town boundaries on the effective date of this Agreement, but also use the same water distribution system as the Area within the Town. The Oro Valley Service area is referenced on the map attached as Exhibit "A" to this Agreement. 3. Subject Area: The Subject Area includes parcels within the Oro Valley Service Area that have frontage on Oracle Road and are located south of Calle Concordia and north of Camino Cortaro. 4. Town Extension of Service into the Subject Area: 4.1. The City shall allow the Town to extend its water system into the Oro Valley Service Area in order to provide commercial fire flow to parcels within the Subject Area. These properties will thereafter become the Town's customers, for both domestic and fire flow service, for at least 5 years after the effective date of this Agreement, subject to the terms of Section 5, below. 4.2. Fire flow requirements will be determined by the Town's adopted fire code. 5. Town acquisition of the Oro Valley Service Area: The Town and City shall have no more than five (5) years from the effective date of this Agreement to approve an Agreement that will transfer the Oro Valley Service Area to the Town. If the Town and City do not reach an Agreement to transfer the Oro Valley Service Area to the Town, the City will assume the responsibility to provide water service to all Town customers within the Oro Valley Service Area, as established below: 5.1.All infrastructure installed by the Town, and all Town water customers within the subject area, will be transferred to the City; and 5.2.The City will compensate the Town for all stranded costs associated with infrastructure the Town has installed within the Subject Area and the stranded costs for Town infrastructure located within Placita De Reynaga, Yellowstone Avenue, Oro Valley,Tucson Water, Service Area Purchase IGA Shadow Mountain Drive, and Placita De La Poza within the Town Water Service Area (the"Cul de sacs") . 5.2.1. Stranded costs are defined as follows: 5.2.1.1.Within the Subject Area: All design and construction costs incurred by the Town less depreciation and less Town impact fees. 5.2.1.2.Within the Cul de sacs: Present replacement value less depreciation. 6. Additional Documents. The parties agree to execute such further documents as may be necessary to carry out the terms and intent of this IGA. 7. Entire Agreement. This IGA and the Exhibits hereto contain the entire agreement between the parties, and the terms of this IGA are contractual, not merely a recital. 8. Recordation. This IGA shall be recorded with the County Recorder of Pima County, Arizona after the IGA has been approved and executed by the parties. 9. Successors and Assigns. This IGA and all of the terms and provisions hereof shall inure to the benefit of and be binding upon the successors and assigns of all of the parties hereto. 10. Notices. All notices shall be in writing and together with other mailings pertaining to this IGA shall be made to: FOR ORO VALLEY: Town Manager Town of Oro Valley 11000 N. La Canada Drive Oro Valley, AZ 85737 WITH COPY TO: Oro Valley Attorney Town of Oro Valley 11000 N. La Canada Drive Oro Valley, AZ 85737 FOR TUCSON: Director Tucson Water P.O. Box 27210 Oro Valley,Tucson Water, Service Area Purchase IGA Tucson, AZ 85726 With Copy to: City Attorney City of Tucson P.O. Box 27210 Tucson, AZ 85726 or as otherwise specified from time to time by each party. 11. Miscellaneous. agree parties a ree and acknowledge that time is of the essence with respect to this IGA. If anylawsuit or other enforcement proceeding is brought to enforce this IGA, the prevailing party shall be entitled to recover the costs and expenses of such y action and reasonable attorneys' fees incurred. The IGA shall be governed by and construed in accordance with the laws of the State of Arizona. 12. Effective Date. This IGA shall become effective when the IGA has been executed by all of the parties and respective their legal counsel and has been recorded at the office of the Pima County Recorder. 13. Conflict of Interest. g This Agreement is subject to A.R.S. § 38-511 which provides for cancellation of contracts by municipalities for certain conflicts of interest. IN WITNESS WHEREOF, the Parties hereto have hereunto set their hands the day and year first above written. CITY OF TUCSON By: Robert E. Walkup, Mayor ATTEST: APPROVED AS TO FORM: By: By: KathyCity Detrick, Clerk Michael D. House, City Attorney TOWN OF ORO VALLEY By: Oro Valley,Tucson Water, Service Area Purchase IGA Paul Loomis, Mayor ATTEST: APPROVED AS TO FORM: By: By: Town Clerk Town Attorney Oro Valley,Tucson Water, Service Area Purchase IGA c N .O • ,t.:, _....._ - -eitii...... \ .,.. 2OQ o 0 6 „,, 1111 ,t. c„, Z 0 LINDA 4 C 7f- t 1 \-"N - i , / ,, FNS R O�, , 1 „) ....j-- . / N'ew OVWU CALLE CONCORDIA �i6 -11at rl i ne lod0ngllmilillm /imuit":miem ..._.0 . 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L_.1111. wow C-094A All , NOT TO SCALE pi , A dr4111ii"' ,flaaNffilita a.110...►Ai ,/,,, , Alfill11111111111% ,,,,, --" 4,,,-, 410,Alraiiiiminimora <,./ 4--- 4/411-10411/111111111bft 41 / Akpiaivpolumweiss ,/ -",„iwilummo,.,---,1 is / ♦'fir 1 4i, a Kommim.........--ip INA RD CREATED BY: 1.SWANSON LAST UPDATE: 03/15/04 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: April 21, 2004 TO: HONORABLE MAYOR & COUNCIL FROM: Kathryn Cuvelier, Town Clerk SUBJECT: Resolution No. (R)04- 35 A resolution authorizing the execution of an Amendment to the Intergovernmental Agreement for Animal Control Services between the Town of Oro Valley g g and Pima County SUMMARY: The attached resolution amends the Intergovernmental Agreement between the Town and Pima County for providing Animal Control Services. The amendment is as follows: I. Replace Article 111.15. — Duration and Effective Date, to extend the Intergovernmental Agreement for a two (2) year term as follows: "The term of this Intergovernmental Agreement shall become effective upon recordation at the Pima County Recorder's Office, and shall continue until June 30, 2006." The effective date of this Amendment is July 1, 2004. Town Attorney Mark Langlitz has reviewed the attached IGA and finds it to be in order. SUGGESTED MOTION: I MOVE to adopt Resolution No. (R)04- 35 . ATTACHMENTS: 1. Resolution No. (R)04- 35 2. Intergovernmental Agreement b y, ' j 4 .� Kat Cuvelier, Town Clerk / r , Chuck Sweet, Town Manager RESOLUTION NO. (R)04- 35 A RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT FOR ANIMAL CONTROL SERVICES BETWEEN THE TOWN OF ORO VALLEY, A MUNICIPAL CORPORATION AND PIMA COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF ARIZONA WHEREAS, the Town Council of the Town of Oro Valley, Arizona desires to enter into an Agreement with Pima County for the provision of animal control services relating to enforcement of leash law ordinances, biting dog ordinances, and animal cruelty ordinances and to provide for the impoundment and sheltering of stray animals; and, WHEREAS,Pima County has trained personnel capable of enforcing the Town of Oro Valley Animal Control Ordinances and has facilities for the impoundment and sheltering of stray animals; and, WHEREAS, Pima County is engaged in certain activities relating to the operation of a County pound, vaccination and rabies control, stray animal impoundment, includingan Animal Control Center, and is therefore presently able to provide assistance . and services to the Town of Oro Valley for animal control purposes; and; WHEREAS,pursuant to the provisions of ARS Section 11-951 et seq., the Town of Oro Valley and Pima County are expressly authorized to enter into an intergovernmental agreement to provide such service and desire to amend said Intergovernmental Agreement to renew the term of the Intergovernmental Agreement for g � an additional term of two (2) years per Article III.16—Duration and Effective Date. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA that The attached amended Intergovernmental Agreement between the Town of Oro Valley, Arizona, and Pima County, Arizona is hereby approved. PASSED AND ADOPTED this 21st day of April, 2004. Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn Cuvelier, Town Clerk Mark Langlitz, Town Attorney CONTRACT NO. 01-01-0-131013-0802 AMENDMENT NO. 1 WHEREAS,the TOWN OF ORO VALLEY, a municipal corporation,hereinafter referred to as "TOWN", and Pima County, Arizona, a political subdivision of the State of Arizona, hereinafter referred to as "COUNTY", have entered into an Intergovernmental Agreement for the provision of animal control services provided by COUNTY relating to enforcement of leash law and biting dog ordinances, and to provide for the impoundment and sheltering of stray animals; and WHEREAS, TOWN and COUNTY desire to amend said Intergovernmental Agreement to renew the term of the Intergovernmental Agreement for an additional term of two (2) years per Article 1I1.16.— Duration and Effective Date. NOW THEREFORE,the TOWN and COUNTY do hereby agree as follows: I. Replace Article 1II.15.—Duration and Effective Date,to extend the Intergovernmental Agreement for a two(2)year term as follows: "The term of this Intergovernmental Agreement shall become effective upon recordation at the Pima County Recorder's Office, and shall continue until June 30, 2006." II. The effective date of this Amendment is July 1, 2004. All otherp rovisions of this Intergovernmental Agreement, not specifically changed by this Amendment, shall remain in effect and be binding upon the parties. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to the Intergovernmental Agreement. PIMA COUNTY TOWN OF Oro Valley, a Municipal Corporation By: By: Chair, Board of Supervisors Date Mayor Date ATTEST: ATTEST: By: By: Clerk of the Board of Supervisors Town Clerk OroValleyPACCNol.doc 1 0 APPROVED AS TO CONTENT By: Department Head This Intergovernmental Agreement which is a contract between public agencies has been reviewedp ursuant to A.R.S. § 11-951 by the undersigned City Attorney and Deputy County Attorney who have determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona. c/1.. By: J71 By: Deputy CountyAttorney ` Town Attorney p y OroValleyPACCNol.doc 2 te5 - Q CONTRACT NO. 01-01-0-131013-0802 AMENDMENT NO. 1 WHEREAS, the TOWN OF ORO VALLEY, a municipal corporation, hereinafter referred to as TOWN" and Pima County, Arizona, a political subdivision of the State of Arizona, hereinafter referred ty to as "COUNTY",have entered into an Intergovernmental Agreement for the provision of animal control servicesp rovided by COUNTY relating to enforcement of leash law and biting dog ordinances, and to provide for the impoundment and sheltering of stray animals; and WHEREAS,TOWN and COUNTY desire to amend said Intergovernmental Agreement to renew the term of the Intergovernmental Agreement for an additional term of two (2)years per Article 111.16.— Duration and Effective Date. NOW THEREFORE, the TOWN and COUNTY do hereby agree as follows: Replace Article III.15.—Duration and Effective Date, to extend the Intergovernmental I. Agreement for a two (2)year term as follows: "The term of this Intergovernmental Agreement shall become effective upon recordation at the Pima County Recorder's Office, and shall continue until June 30, 2006." II. The effective date of this Amendment is July 1, 2004. All other provisions of this Intergovernmental Agreement, not specifically changed by this Amendment, shall remain in effect and be binding upon the parties. WITNESS WHEREOF,the parties hereto have executed this Amendment to the Intergovernmental IN Agreement. PIMA COUNTY TOWN OF Oro Valley, a Municipal Corporation By:: By: Chair,Board of Supervisors Date Mayor Date ATTEST: ATTEST: By: By: Clerk of the Board of Supervisors Town Clerk OroValleyPACCNol.doc 1 4 APPROVED AS TO CONTENT By: Department Head This Intergovernmental Agreement which is a contract between public agencies has been reviewed pursuant to A.R.S. § 11-951 by the undersigned City Attorney and Deputy County Attorney who have determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona. By: 54 By: Deputy County Attorney Town Attorney OroValleyPACCNol.doc V3.°14 CONTRACT NO. 01-01-0-131013-0802 AMENDMENT NO. 1 WHEREAS, the TOWN OF ORO VALLEY, a municipal corporation,hereinafter referred to as "TOWN",and Pima County, Arizona, a political subdivision of the State of Arizona, hereinafter referred to as"COUNTY", have entered into an Intergovernmental Agreement for the provision of animal control services provided by COUNTY relating to enforcement of leash law and biting dog ordinances, and to provide for the impoundment and sheltering of stray animals; and WHEREAS, TOWN and COUNTY desire to amend said Intergovernmental Agreement to renew the term of the Intergovernmental Agreement for an additional term of two (2) years per Article I11.16.— Duration and Effective Date. NOW THEREFORE,the TOWN and COUNTY do hereby agree as follows: I. Replace Article III.15.—Duration and Effective Date,to extend the Intergovernmental Agreement for a two (2)year term as follows: "The term of this Intergovernmental Agreement shall become effective upon recordation at the Pima County Recorder's Office, and shall continue until June 30, 2006." II. The effective date of this Amendment is July 1, 2004. All otherp rovisions of this Intergovernmental Agreement,not specifically changed by this Amendment, shall remain in effect and be binding upon the parties. IN WITNESS WHEREOF,the parties hereto have executed this Amendment to the Intergovernmental Agreement. PIMA COUNTY TOWN OF Oro Valley, a Municipal Corporation By: By: Chair, Board of Supervisors Date Mayor Date ATTEST: ATTEST: By: By: Clerk of the Board of Supervisors Town Clerk OroValleyPACCNol.doc 1 APPROVED AS TO CONTENT By: Department Head This Intergovernmental Agreement which is a contract between public agencies has been reviewed pursuant to A.R.S. § 11-951 by the undersigned City Attorney and Deputy County Attorney who have determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona. By: By: Deputy County Attorney / Town Attorney OroValleyPACCNol.doc 2 (055-0 F. laNN RODR GUEZ, RECORDER DOCKET: 8 61 • PAGE: 4320 RECORDED BY: JLW icpi-4 DEPUTY RECORDER NO. OF PAGES: 10 1541 PE6 h, 1 SEQUENCE : 20021571164 ' 08/14/2002 P0230 �, • \� �; RES 16 :57 PIMA CO CLERK OF THE BOARD ,i�IZpt1 PICKUP PICKUP AMOUNT PAID $ 0 .00 • RESOLUTION NO. 2002- 183 RESOLUTION OF THE PIMA COUNTY BOARD OF SUPERVISORS APPROVING AND AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN PIMA COUNTY, ARIZONA AND THE TOWN OF ORO VALLEY FOR THE PROVISION OF ANIMAL CONTROL SERVICES WITHIN THE TOWN LIMITS OF ORO VALLEY, ARIZONA. WHEREAS, Pima County, Arizona has established and operates a facility known as the Pima Animal Control Center located at 4000 North Silverbell Road, which facility functions as a County dog pound for the impoundment of live animals and the disposal of dead animals, and which facility presently employs trained personnel familiar with matters of animal impoundment and dead animal disposal; WHEREAS, the Town of Oro Valley is currently lacking similar or suitable facilities for the provision of animal control services; WHEREAS, it is in the best interest of Pima County, Arizona and Town of Oro Valley for the Pima Animal Control Center to provide certain animal control services to the Town of Oro Valley, and to enter into an Intergovernmental Agreement for that purpose pursuant to A.R.S. § 11-951 et seq. WHEREAS, the Mayor and Council of the Town of Oro Valley did on the 19th day of June, 2002 authorize the execution of said Intergovernmental Agreement by Resolution No. (R)02-51. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF PIMA COUNTY, ARIZONA, as follows: Section 1. That it is necessary to enter into an Intergovernmental Agreement to provide the services of the Pima Animal Control Center to the Town of Oro Valley; Section 2. That the Chair of the Pima County Board of supervisors is hereby authorized and directed to sign said Intergovernmental Agreement, a copy of which is attached hereto. Section 3. That the various Pima County officers and employees be and hereby are authorized and directed to perform all acts necessary and desirable to give effect to this Resolution. 'f ResoOroValley r • PASSED, ADOPTED, AND APPROVED by the Pima County Board of Supervisors, this 6t lay of August , 2002. PIMA COU► Y BOARD OF SUPERVISORS <girth'15s61------ • By:, • Chair 8/6/02 ATTEST . : . .. •�i yet.Y• /• ��.,� Jr' �•.tip~ � By: - Clerk of the Board of Superv:sors . r APPROVED AS TO FORM By: Deputy unty Attorney 9.'53 ResoOroValley J RESOLUTION NO. (R)02- 51 A RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT FOR ANIMAL CONTROL SERVICES BETWEEN THE TOWN OF ORO VALLEY, A MUNICIPAL CORPORATION AND PIMA COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF ARIZONA WHEREAS, the Town Council of the Town of Oro Valley, Arizona desires to gr enter into an Agreement with Pima County for the provision of animal control services relating to enforcement of leash law ordinances, biting dog ordinances, and animal rel g . ruelty ordinances and to provide for the impoundment and sheltering of stray animals; c y and, WHEREAS, Pima County has trained personnel capable of enforcing the Town of Oro Valley Animal Control Ordinances and has facilities for the impoundment and sheltering of stray animals; and, WHEREAS, Pima County is engaged in certain activities relating to the operation of a County pound, vaccination and rabies control, stray animal impoundment, includingan Animal Control Center, and is therefore presently able to provide assistance and services to the Town of Oro Valley for animal control purposes; and; WHEREAS,pursuant to the provisions of ARS Section 11-951 et seq., the Town of Oro Valley and Pima County are expressly authorized to enter into an intergovernmental agreement to provide such service. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY,ARIZONA that The attached Intergovernmental Agreement between the Town of Oro Valley, Arizona, and Pima County, Arizona is hereby approved. PASSED AND ADOPTED this 19th day of June, 2002. Paul H. Loomis, Mayor PROVED =—= AT EST: AS 0 FORM - i _ __ Kat hH Cuvelier, Town Clerk Dan L. Dudley, Town Attorney t„ NO. 4/e/ - /5/ ,'fD/2 1 AMFND ENT NO This number must appear on ail invoices, correspondence and documents pe^ain;ng to this contract. INTERGOVERNMENTAL AGREEMENT FOR ANIMAL CONTROL SERVI E BETWEEN THE TOWN OF ORO VALLEY, A MUNICIPAL CORPORATION AND PIMA COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF ARIZONA. THIS Intergovernmental Agreement "AGREEMENT" is entered into on this 6th day of August , 2002, by and between TOWN OF ORO VALLEY, a municipal corporation, hereinafter referred to as "TOWN" and Pima County, Arizona, a political subdivision of the State of Arizona hereinafter referred to as "COUNTY". I. RECITALS: WHEREAS, the Town Council of the TOWN desires to enter into an Agreement with the COUNTY for the provision of animal control services relating to enforcement of leash law and animal cruelty ordinances and to provide for the ordinances, biting dog ordlnances, impoundment and sheltering of stray animals; WHEREAS, the COUNTY has trained personnel capable of enforcing the TOWN Animal Control Ordinances and has facilities for the impoundment and sheltering of stray animals; WHEREAS, the COUNTYengaged is en ed in certain activities relating to the operation of a ag COUNTY pound, vaccination and rabies control, stray animal impoundment, including an and is therefore presentlyable to provide assistance and services to the Animal Control Center, TOWN for animal control purposes and; ' A.R.S 11-951 et seq., the TOWN and WHEREAS, pursuant to the provisions of § q authorized to enter into an intergovernmental agreement to provide such COUNTY are expressly services. OroValley r • NOW, THEREFORE, the TOWN and COUNTY, pursuant to the TOWN's Resolution No. R02-51 and the COUNTY 's Resolution No.2002-183 , do hereby agree as follows: II. PARTIES OBLIGATIONS: designated 1. The County Enforcement Agent, hereing by COUNTY to be Pima Animal Control Center, and all employees thereunder, shall be referred to herein as "Town Enforcement Agents." g 2. The Town Enforcement Agents shall administer and enforce the provisions of the Oro ValleyAnimal Control Code, applicable statelaws, and all services related thereunder, including such amendments to said laws.as may be passed from time to time. g A reement that certain Ordinance known as the Town of Oro 3. For the purpose of this a Valley Animal Control Ordinance is herebyadopted and made a part of this Agreement by p reference as if specifically set forth herein. 4. The Town Enforcement Agents shall be granted those limited police powers necessary to carry out duties imposed by this Agreement, together with any powers necessary for such agents to engage in the vaccination, licensingand other activities arising from their duties as Town Enforcement Agents. er this Agreement shall be carried out in accordance with 5. The services performed and g Pima Animal Control Center Policies and Procedures, and the desires of the COUNTY and TOWN as such desires may be expressed from time to time by the Pima County Board of • Valley. scope of service requirements shall be Supervisors or the Town Council of Oro y p p process annually during the TOWN budget bud and service level requirements shall be • in of funds allocated for animal control revised, if necessary, accordance with availability �' revision shall be in the form of a written amendment to this purposes by the TOWN. Any such czz Agreement. == 6. The TOWN Prosecutor shall prosecute all criminal matters and the Oro Valley and civil matters arising out of the enforcement of the Magistrate Court shall handle criminal _...^ g �.: ended pursuant to this Agreement. All fines collected =_ Oro Valley Animal Control Code, as amended, by the Oro ValleyMagistrate Court as a result of the enforcement of the Oro Valley Animal OroValley r j Control Code, shall be the property of the TOWN, and the TOWN shall be entitled to use the funds for its purposes. g 7. The Town Enforcement Agents, acting under this Agreement within the jurisdictional limits of the TOWN, shall collect animal licensing and kennel fees and such fees as may be required under the Oro ValleyAnimal Control Code and/or state statutes, including but not limited to A.R.S. § seq.et. se . Said funds are to be credited to the TOWN for costs incurred pursuant to this Agreement. 8. The C OUNTY shall, before the beginning of the COUNTY fiscal year, submit to the TOWN a copy of the proposed succeeding fiscal year operating and capital outlay budget by but not limited to the estimated income from all fees, licenses and charges jurisdiction, including by jurisdiction and estimated TOWN contributions to the Animal Control budget, if any. TOWN contributions shall bep aid on an annual basis as hereinafter set forth. 9. The TOWN shall be extended complete cooperation and access to all documents relating to the Pima Animal Control Center. 10. Persons employed the COUNTY in performance of services and functions by gr Agreement shall have no claim to pension, civil service or other employees' pursuant to this rights granted by the TOWN to its officers and employees. 11. The Partiesp agree stipulate and a ree that COUNTY is not an employee of the TOWN, and its duties hereunder as an independent contractor, supplying its own employees, is performing i and maintaining its own insurance, worker's compensation, and internal accounting. The TOWN in no waycontrols, directs or supervises the actions of the COUNTY under this Agreement. 12. The TOWN and the COUNTY shall indemnify, defend and hold harmless each other, ' departments, employees and agents from and against any and all suits, each other's officers, p � administrative proceedings, claims, demands or damages of any kind or nature actions legal or which are attributed to any intentional or negligent act or omission arising out of this Agreement ' employees, or anyone acting of the indemnitor's agents, empl y y under its direction, control or on its behalf. services charged to TOWN by COUNTY under this Agreement shall = 13. The cost of g access to certain departments within the include those costs associated with the use andp t Agentswhich use and access is necessary for the COUNTY by the Town Enforcemen g services and functions pursuant to this Agreement, including but not limited to: performance of OroValley (a) Pima County Health Care System; (b) Pima County Health Department; (c) Pima County Facilities Management Department; (d) Pima County Automotive Services Department; (e) Pima County Transportation & Flood Control Department; (f) Wastewater Management Department; and (g) Pima County Information Services Department. 14. The COUNTY, through its Health Department Director, shall submit to the TOWN on an annual basis, prior to June 30, a statement of year to date receipts, disbursement and balance of the Pima CountyRabies Control Fund by jurisdiction. In the event that the annual TOWN disbursement exceeds the annual TOWN receipts, the TOWN shall deposit funds sufficient to cover the TOWN deficit in the Pima County Rabies Control Fund within thirty (30) days after official request for funds. In no event shall the total obligations of the TOWN, prior to any credit as allowed herein or otherwise, for any fiscal year, exceed the sum of ten thousand dollars ($10,000.00). In the event that the TOWN's deficit for any fiscal year exceeds the sum of ten thousand ($10,000.00) dollars, the COUNTY shall limit the amount due at ten thousand dollars for that fiscal year. Any excess over the ten thousand dollar limit shall be carried over to the following year and be treated asp art of TOWN total encumbrance in the calculation of the TOWN balance for the next year. In the event this paragraph must apply to a partial year, such as the first year of this g ten thousand dollar ceilin shall be prorated to the sum of eight hundred and Agreement, the thirty three ($833.00) dollars per month or part of a month for each month in which services were provided for such years. Should there be a TOWN surplus in the Pima County Rabies Control Fund, such surplus to the followingyear and be treated as part of TOWN receipts in the calculation shall be credited for the nextyear. Theprocedure set forth herein shall be followed for each of the TOWN balance =-- year during the term of this Agreement. ==� Should a TOWN surplus in the Pima County Rabies Control Fund result from the the conclusion of the finalperiod-end of this Agreement, an amount equal calculations made at to such a TOWN surplus shall be returned to the TOWN by the Pima Animal Control Center within thirty (30) days. OroValley i s III. DUEZATION AND EFFECTIVE DATE: 15. The term of this Agreement shall become effective upon recordation at the Pima County Recorder's Office, and shall continue until June 30, 2004. 16. This Agreement may be renewed for an additional term of two (2) years upon mutual on filing original the executed renewal agreement with the agreement of the Parties, effective up Pima County Recorder's Office. IV. APPLICABLE LAW: 17. This Agreement obligationsupon all u on the COUNTY or TOWN arising therefrom shall be subject to limitations of budget law or other applicable local law or regulation. The any Parties heretocomply shall com 1 with all applicable federal, state and local statutes, ordinances, regulations, rules, standards and executive orders. V. TERMINATION: 18. This Agreementmay be terminated by either Party, with or without cause, upon sixty days written notice. Upon termination, a final statement shall be sent to the TOWN by the Pima Center. Within thirtyCoun Animal Control days of receipt thereof, the TOWN shall tender payment of any deficit or the Pima County Animal Control Center shall tender payment of any surplus. VI. ASSIGNMENT: assignment of this Agreement = 19. Any assignment or attempted by either Party without g consent of the other Party the prior written shall be void. OroValley VII. NON-WAIVER: 20. The failure of either Party to insist upon the complete performance of any of the terms andp rovisions of this Agreement to be performed on the part of the other, or to take any actionp ermitted as a result thereof, shall not constitute a waiver or relinquishment of the right to insist upon full and complete performance of the same, or any other covenant or condition, either in thep ast or in the future. The acceptance by either Party of sums less than may be due and owing it at any time shall not constitute an accord and satisfaction. VIII. CONFLICT OF INTEREST: 21. This Agreement is subject to the provisions of A.R.S. §38-511. IX. NON-APPROPRIATION: 22. Notwithstanding any other provisions in this Agreement, this Agreement may be terminated with or without sixty (60) days notice if the County Board of Supervisors does not appropriate ro riate sufficient funds for the purpose of maintaining this Agreement. X. ENTIRE AGREEMENT: 23. This document contains the entire Agreement between the Parties and it may not be modified, amended, altered or extended except by a written amendment executed by both Parties. XI. NON-WARRANTY: 24. The Parties do not warrant their respective right or power to enter into this Agreement and if the same lsdeclared null and void bycourt action initiated by third persons, there shall be =^ by no liability to the other Partyreason of such action or by reason of the Agreement. == OroValley IN WITNESS WHEREOF, we have hereunto set our hands this 6t11iay ofA"gust 2002. PIMA COUNTY TOWN OF ORO VALLEY, a Municipal Corporation. By: By: CHAIR AUG 6 2002 MAYOR BOARD OF SUPERVISORS ATTEST ATTEST By: AlAk By: t CLERK OF THE BOARD TO CLERK By: c)‹ DIRECTOR PIMA COUNTY HEALTH DEPARTMENT This Intergovernmental Agreement which is a contract between public agencies has been reviewed pursuant to A.R.S. § 11-951 by the undersigned Town Attorney and Deputy County Attorney who have determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona. By: �^ DEPUTY_CZUNTY ATTORNEY TCyr ATTORNEY _ OroValley 11111L. . RESOLUTION NO. (R)02- 51 A RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT FOR ANIMAL CONTROL SERVICES BETWEEN THE TOWN OF ORO VALLEY, A MUNICIPAL CORPORATION AND PIMA COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF ARIZONA WHEREAS, the Town Council of the Town of Oro Valley, Arizona desires to enter into an Agreement with Pima County for the provision of animal control services relating to enforcement of leash law ordinances, biting dog ordinances, and animal cruelty ordinances and to provide for the impoundment and sheltering of stray animals; and, WHEREAS, Pima County has trained personnel capable of enforcing the Town of Oro Valley Animal Control Ordinances and has facilities for the impoundment and sheltering of stray animals; and, WHEREAS, Pima County is engaged in certain activities relating to the operation of a County pound, vaccination and rabies control, stray animal impoundment, including an Animal Control Center, and is therefore presently able to provide assistance and services to the Town of Oro Valley for animal control purposes; and; WHEREAS, pursuant to the provisions of ARS Section 11-951 et seq., the Town of Oro Valley and Pima County are expressly authorized to enter into an intergovernmental agreement to provide such service. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA that The attached Intergovernmental Agreement between the Town of Oro Valley, Arizona, and Pima County, Arizona is hereby approved. PASSED AND ADOPTED this 19th day of June, 2002. .a.... :7.---irtio Paul H. Loomis, Mayor kAT EST: PROVED AS TO FORM9 -) c CL( -1- f' -_____------ / //if Kathr ,Cuvelier, Town Clerk II an L. Dudley, Town Attorney o'Pte,,. �,/ ,. . �� PIMA. COUNTY HEALTH DEPARTMENT ., i, _` �`Tn�� ' 150 WEST CONGRESS . TUCSON, AZ 85701-1333 • `Ale* • 4rzo0 April 1, 2004 Town of Oro Valley Attn: Roxana Garrity, Deputy Town Clerk 11000 North La Canada Drive Oro Valley, Arizona 85737 Dear Ms. Garrity: Enclosed for review are three (3) originals of Amendment No. 1 of the Intergovernmental Agreement with Pima Animal Care Center for the provision of animal control services. If acceptable, please have all originals signed and returned to my attention at the following address: Pima County Health Department Budget, Contracts & Grants Office 150 West Congress Street, Room 253 Tucson, Arizona 85701-1333 A fully executed copy will be returned to your office. Sincerely, ‘;4172.---,, ,--'17.„ 1%.,,,:__ John F. Thomas Contracts/Grants Manager 1 Attachment (3) cc: Rodrigo Silva, Animal Control Manager File Oro V alleyPACCNo l.doc TOWN OF ORO VALLEY STAFF REPORT TO THE TOWN COUNCIL MEETING DATE: April 21, 2004 TO: HORORABLE MAYOR& COUNCIL FROM: Robert Conant, Planner II SUBJECT: OV12-03-02, CASTRO ENGINEERING, REPRESENTING A. F. STERLING HOMES, REQUESTS APPROVAL OF A FINAL PLAT FOR 68 SINGLE-FAMILY LOTS, LOCATED ON THE SOUTHEAST CORNER OF MOORE ROAD AND LA CANADA DRIVE EXTENDED, PARCELS 219-490-010 AND 219-490-020 BACKGROUND: The Town Council approved the Preliminary Plat on November 5, 2003. All of the conditions of the Preliminary Plat have been met. The Improvement Plans for this project were approved and signed by the Town Engineer on March 29, 2004. SUMMARY: Castro Engineering, representing A. F. Sterling Homes, requests approval of the Final Plat for 68 single-family lots. The conditions listed in Exhibit A are clean-up items, which can be handled prior to accepting the mylars for signature and recording. ?oning Compliance: The Final Plat complies with the provisions of the OVZCR for single-family subdivision of land. General Plan Compliance: The Final Plat for Vistoso Highlands is in conformance with the Low Density Residential land use designation of 1.3-2.0 dwelling units per gross acre. RECOMMENDATION: It is recommended that the Town Council approve OV 12-03-02, Vistoso Highlands Final Plat subject to the conditions listed in Exhibit A. SUGGESTED MOTION: . I move to approve OV12-03-02, Vistoso Highlands Final Plat subject to the conditions listed in Exhibit A attached, herewith. Attachments: 1. Exhibit A 7 2. Final Plat /l'AA Planning and and Administrator 7,111 'o i unity Develo ent Director / V . Copy: of ,c — Wocky Redsar, Castor Engineering own Manager Fax 293-2115 F:\OV\OV 12\2003\OV 12-03-02\TC.FP.RPT.doc EXHIBIT A CONDITIONS OF APPROVAL OV12-03-02 Check the Final Plat for errors and inconsistencies between the closure calculations, the curve and line data tables on sheet 3 and the data depicted on the final plat sheets listed below: 1. Check the curve radius and delta angle for curves C49, C62, C63 and C65 on sheet 5. Correct the sequence of curve and line data in the closure calcs to match the final plat 2. q sheet 5 sequence shown for C66 thru C60 and add C59 to the calculations. s arc length and delta 3. Check the curve radius, gt angle for curves C53 thru C51 on sheet 5. The minimum curve radius for C51 and C52 is 50-ft. per the Town of Oro Valley Subdivision Street Standards section 4.2-1-b 4. Check the delta angle for curve C113 shown on sheet 6. q 5. Add C118 to the sequence of curve and line data in the closure calcs to match the final plat sheet 7 sequence shown for curves C8 thru C29 and correct arc length for C29 in the closure calculations. 6. Check the curve radius and delta angle for curves C30 and C37 shown on sheet 7 7. Check the radius, arc length and delta angle for curve C47 shown on sheet 7 8. Check lot 47 on sheet 9 for appropriate drive location. Drive location star is shown where a 1' NAE exists. 9. Check the radius, arc length and delta angle for C12 and C38 on sheet 9. The minimum curve radius for C12 is 50-ft. per the Town of Oro Valley Subdivision Street Standards section 4.2-1-b. 10. Check the delta angle for curves C20A, C21 on sheet 9 and the radius for curve C21A on the curve data table. 11. Check the bearing at the north east corner of basin A. 561°48'32"W is shown on sheet 9 of the plat verses 561°47'49"W in the closure calculations. 12. 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W 19, / I// -~.y \f • /� /p�30 m\�yS O't \ R o \ \ 0 4y�3g-.' �{ f (2� 85 / // I a t� O�j� n ` �°` 1 n ` \�G'\` fed ni \ \\' b l�-/-°.'-;- -. �' .r- -'- / dl �'K,>///' gi' \\_\:z.‘„,,\cF� \ \ �r \-/\ /I• I(6'i) , , , , ,-/ ,AP �s� \\, \ \ c3' \� \\. �/,,!1/n 1 . _____ .s., \ , „, / , , , _________ -c•r, -i/Q,j7 230 \ \ 1 SI , , — .,1.,- ...)”7: \n f�;�\'=- r P1-/I')- cam\ \s ` � £f!_C---.Z4 bti , ! I! i ',"' ,,, ''''''I " s 'i------_,--2"-'-4,- x.\ \:::- ' .'• IV ,, ,„ • -.�•' , ':7 `yw..it7 �\ — I_, ' 0 %\ /�7 1 _ r I ./1 Ir - FOR CONTINUATION SEE SHEET 8 t, A c o g • n -cl 4:17N, ff( Gn66� - 1cNI 0^y Mbt" N w° o"o Li! 0 v Tro ZoO RED EAGLE AGLE DRIVE A O O O O O O m �. t � Q StIh�O@ .LO49 O r O w Q !SSr' AT,O rili! OmnOO\ r';11 i ~ AN-•i nz b:• 4 1,,, ,P,zZo 26 2 bA v zo o� 2 W p^ :1 Z m 577,7�`: N y v tt.,. p",Nrli Z 4 Cn p N h i,(1 , V-81",)-c.3�) ►"`q'34. � C pJ ch D r+i�7 aD o +v cn o i. � O .y � i 2O zto 'P' • �E 2 . p..�',q K~ fibGI. R ,' �y Fi Ul z O Q 1 �X'1 � `y y�r r.] A G7�N --1�6 C) N N A GI�,A Q '�y y N V V t o RED EAGLE �j. „1 n-Fo) z,--93, n r o"fo g v x i M I o }.,,� ta.�8'. DRIVE y' o b vl $+`°v, rn s �, ,_ o ;,°. V 61.12• `1 L MUx-o acn z • v& N N- O r Z �� S A\Ctt�tnica... 1 z• rh'1 . Ar' • I .13_, Ic O a 1'• z 1 ' FOR CONTINUATION SEE SHEET 7 /moi 1 B�0 r'.:• / \ \ 11 1 1 �P j, , ,,,I, 4-- ,/s' ...•,.... ''•--- i.);.'t;''' t.... ••••-. 2.,..., ,..,-- i,, ,,:t \ ''''.'4:.,-',..4., Sc 6 p -C�?3� / cl� :?,..- •. 5£' '.Z -- 'ss \ _�, fig\ j.., i / /. 44:9•••,',..--'` C •f \ `\ r,>'0.. \\� — • ,fir / r - J--.pd CF-19 2.\. 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' • . . • . • . . . 8 2 I, UN S EDIVIDED ORO VALLEY TOWN LIMITS, ' • 4 rf,g _ _____i,,- LA CANADA DRIVE . t 0V30-O0/OI-OM A L..... n'61 e.,1 ' N 00,01.56 W 1318.97' / WEST LINE,SE. 1/4,NW. 1/4,SECTION 35 . ...---9,-N00.01'45''W 1318.94o kl - - -•- *-' I N00'01'45.'W 659,47' t'g i al§Ali N 0001'56-W 1243.97' .„ C3-‹ P.IN • .1,gig V= - 6 -"jf.— 8!f: 0 E. N 00'01'45'-IN 184.85' --------....--kf-_.--_ ,. C21,4 34 18' 150 67' N0001.46-W 130.00 -, .. . tz t, k _ ...., \ d: t:I 0 i3 . . N • 2 .i. , I N 000145'W 249.86' m . 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"..,,, /(,) 2.,.. :,•:;.,,_;' ::::-t W c:E...,3£•br ii----,,,,;_._ \ -•--.__ _.,.--'2 / ----•.... _....-• ,,,, •- ------' 6.''...\/'.; / V.'-'?7,--/----. :..-•.:;r'...1'.''-i• 1 '1'27".:' '-'-' , 6, I •!:'. '' /V'''' N',7,3±,. ::?..., ',•A; ''''',-,,,: -27,,..,, s,,,-. 'P. --'(-1).'5) , /,' / //(i' :" `,•,..;g, '7,-----:•:,-.7"- '4=A 1 - -•'-•:-e.._--,-0,.:,Ceii,-6,-- -- - , FOR-CONTINUATION SEE SHEET 10 . ' t--. > c) 2 sr a.ct rc.-1-'1 10?* 'i' tY,• g▪.F.1-4 7c=1.1 ,,,,,3 ,...1 • . • 4; 111.• '4.1" t 3 Ci),Ti 0:: --------- i RED EAGLE DRIVE --':' girc : z, .s,,,•;:;,:•,,..'N,s,••• . .• • g'6c • .,,-...,,,-.. >,,.,L,,,,,x'-'.. ,"' '''.'' '" . , ,•2 ,,,,24, r. . r_,,,r1 ,,,P ,...,:::.,,.,, 1 ,.,..- Co A. ,2 9, -.0 , •T f." .8 oo 6.. -9,, • . 1:1 A (.1, • ,ii cn . . . ::•.i, .-Isn " • m °.1:::, %% .'51 ! t.).B.!,tcl i,• . so c. ' . q , ..i 9, I ' . . FOR CONTINUATION SEE SHEET 9 • ‘ '\A ., ,s0-'-%,;.,.., ,..p 1 , , ‘ 7 ...: .. 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L;ts�/°n • rn °F"--`,6 g\\% LLL..4 \ --;\ 1./ ' // /A or (� • . , . , /- N \ti �/ Fp .W G--,,, - I"6 M q____FF f01 Fe P. 5 • \ ,y� FIISI EH9 dim^=�.,��d'�Sd� ',. co 1F r\ \ ! d!��.'434__x, dJSati•En"Oy' dJ a e v' ''�11�2 eHSt--�FHS`oN \ tf/ Tto tV 0) Eh,,, 3333/ w YELLOW BIRD ROAD 6fRoto ,3J ov1 o Wt, ,. \ r a p fiC ��.�yycl fl!* yO.W . N,d 33 z b 00 E o 8 t qtr" ,, xf tr-i — '''Pag §,--;:. ,.... 0.. _........„. 2). § I 0.,x- fDh �.� '11 � ~,_/4 C+0 rrry b ti og ^may /1 I Aoo b� 'i -i I ..---- 1 j ooh nm O 1 ' , n r.3 I • , m II) 7:' '' I - -(-1-1 n ri, ' ( .'''s: , 1 !t.,.,ce.) 'cf R" kr::''.—3 4 ..,*"t\ i.-' TN A I • • to a1 • .1",.. 4 W�2 W V R�'D EACLE' i 1 ill j ; r 4. 4. I s 4. 4.0 C co 1 i • ;t O • fnt3 • ...` 'C'D L/ ''''•�� CO v \ P. • e9zae FP2+ eP it 0 1.0 -..! F'�?! g'J8 f1136 •as. y 1. 7 1 'J. aro Z y� \ X(1' to \1=i Oaf -� nl t> i:t, _ - cad! �, ��* • W'�es i �; Cmlytdi tw. oto. I �p4. & `� 1111110k �i V QJ LH,�g L�� ,..., i Di26 ..,.',1,7? TLLoJ �J' Ct ', • e„; C i a tai, 16 . ....."...7:.............:....________________________ • • • V V V Z. • W v. `. ,,\:), V vl • 0 l i' ,...,._ vc_ i ig Na� Ox !d_>pJ a xzW OO ~D Vti" li WT>At� -, a O7�l -:-__ Oov, rnMioovoO y tZi 2 ! n oo 'bt `\ o I R cn ti x5 o?�, oa � ,;(0/'-'k> � N I ti 2'7,:o ,7 L, §,(71 b'-,..:'. t/r,.., .,....,,,c\ I I i I TOWN OF ORO VALLEY STAFF REPORT TO THE TOWN COUNCIL MEETING DATE: April 21, 2004 TO: HONORABLE MAYOR& TOWN COUNCIL FROM: Robert Conant, Planner II SUBJECT: OV12-02-06A, EEC, REPRESENTING THE BEZTAK COMPANIES, REQUESTS APPROVAL OF THE FINAL PLAT FOR 4 COMMERCIAL/RESIDENTIAL LOTS, LOCATED ON THE SOUTHEAST CORNER OF LAMBERT LANE AND LA CANADA DRIVE, PARCEL 224-250-25C BACKGROUND: The Town Council approved the Preliminary Plat on March 17, 2004. All of the conditions of the Preliminary Plat have been met. The Improvement Plans for this project have been accepted by the Town Engineer on April 8, 2004. SUMMARY: EEC, representing The Beztak Companies, requests approval of the Final Plat for four (4) p g commercial/residential lots, within the El Conquistador PAD on 13.09 acres. Toning Compliance: The Final Plat complies with the provisions of the OVZCR for commercial and residential subdivision of land. General Plan Compliance: The Final Plat for Beztak is in conformance with the Neighborhood Commercial/Office land use designation. Conformance has been addressed as part of the Development Plan approval. RECOMMENDATION: It is recommended that the Town Council approve OV 12-02-06A, the Beztak Final Plat subject to the condition listed in Exhibit A. SUGGESTED MOTION: I move to approve OV 12-02-06A, the Beztak Final Plat, subject to the condition listed in Exhibit A. Attachment 1. Exhibit A i7 , 2. Final Plat __//fr' / - l 4j . ,. _ - Planning an• 41 i► : Administrator ,,/ / AO V r om ► nity Devel•Fent Director ,. '4 Copy: Town Manager Peggy Rau, EEC Fax (520) 321-0333 F:\ov\ovinoo2\ov 12-02-06A\Reports\FP.TC.RPT.doc EXHIBIT A CONDITIONS OF APPROVAL FINAL PLAT OV12-02-06A 1. The temporary sewer easement shown on the plat shall be abandoned prior to the recordation of the plat. U ,fNq '•NV N O !O Co V o, U' G1 N _ O tp 00 V o1 V, ? w N ►�1js/ -,i,,.”1-,<.,; ��b m D y2 oD D D D : w h?)) mVII: 5Z O 3 m D i --I - O 1Z .u0 rf,,���� " Z�8 Z� Oonpa i* LP n it;11 � r*l AD UDI !:1 ZUOrptAZ D D VOi LJWvp2„,. 1-1 mOm , >2A ,;1 v LO 1 II ,nO O Z aAZ D r: C rIiXX Xn pa �^,n C ZSL� a O O e9-: O S � N O �i O X R, � rte-.. C fi-I tiI+1�zmyZZ moi' D a > � (nop � 'n � I- !i•.-ii- ,wu1v0 ~O6 y61 vDi� F 6 N zZyA !3.11:!,,ri n m C O O m m N,y-. 1,1 (P,?' < < .[ D m D< 2O Q ! y p cn m Di� oho az'o mD �a m $Nm4Za"�� r+,�ACi Do i v_1 oCm mo o zv -i� �� OP sa `T- "!-% y `16' o ['Tls o cal a; A �a1Pcnr5 '' mz+)y o ., r:,,, r,),--6' 6'i O oo,2,NR gr! ti N� z� vii m-I Aril §��vx'1 OFg„It. r9,-6 : D g O w : r) . 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O�-, I l'''l0 33 c,/,',S''c'' '' ,-3 1-3,„,.., a I w o I )8 0 ,„▪ r'.,,i_,-..,,,, GE \ O .'1- W N o P - \ -P�ONO --- ------- ---- 538.33' a�Z 67 R1 I+i • - o �= nr NM[� o Zom2o 2 -3=. ~`-',U,'b x om C�'d %'� ,;-;:n 48 m ",zob1=�� , I THE VILLAGES OF LA CANADA nx,^mo n LOTS 1-500 s� o , � , •b• ,.,, BK 40 M&P,PG 59 mII ` a .oP a Mir-71 o F, c7 mI— -——,-- ---- TOWN OF ORO VALLEY Page 1 of 2 COUNCIL COMMUNICATION MEETING DATE: April 21, 2004 TO: HONORABLE MAYOR & COUNCIL FROM: Mark J. Langlitz, Town Attorney 36 A Resolution of the Mayor Resolution No. (R) 04- and Council of the Town of Oro Valley, Arizona, Authorizing the Filing of a Condemnation Action to Obtain Portions of the Hopson Property for the Purpose of Extending La Canada Drive and Declaring an Emergency to p p Exist SUMMARY: February In of 2004, staff approached Ms. Dewane Hopson ("Owner") to inquire about _ a portion purchasingortion of the Owner's property for right-of-way roadway construction of the extension of La Canada Drive ("Project"). Owner. has expresses mixed interest in allowing the Town to move forward with the Project.ct. Therefore the Town is attempting to approach this matter along two tracks. First, the Town will attemptto acquire right-of-entry to allow the Project to proceed without formal condemnation action. q a g ry However, in the event informal efforts stall, the need to move forward in formal condemnation will be necessary to allow the project to move forward. the Owner has expressed a mixed willingness to enter into a Memorandum of Understanding Specifically, p ("MOU") with the Town in lieu of formal'condemnation proceedings. The MOU would allow the Town to enter the property immediately to begin construction. The MOU would also allow the Town to negotiate with p p y y the Owner on the final urchase price without the involvement of the Court system. In consideration for the p Owner's cooperation, the Town would pay Twenty Six Thousand Nine Hundred and Eighty Eight Dollars p town's compensation due to ($26,988.00), the appraised value, to be credited against the final amount of just p thero ert owner. Otherwise,the Town will initiate formal condemnation proceedings. p p y Put another way, if the MOU negotiations fail and Owner does not agree to give the Town a Right-of-entry, Mayor and Council permission granted under the attached Resolution will allow the Town Attorney to move y swiftly forward. Therefore, it is in the best interest of the residents of the Town of Oro Valley to authorize the Town Attorney to proceed with condemnation proceedings against property depicted in Exhibit "1" of the Resolution. SUGGESTED MOTION: I move to adopt Resolution No. (R) 04- 36 , authorizing the Town Attorney to file a condemnation action to obtain a portion of the Hopson property for the purpose of right-of-way roadway construction of the extension of.La Canada Drive. F:\Council\Regular\2004 CC\042104 CC re Hopson Property Condemnation.doc Town Attorney's Office/ca/033004 TOWN OF ORO VALLEY Page 2 of 2 COUNCIL COMMUNICATION MEETING DATE: April 21, 2004 FISCAL IMPACT: To be determined by the Court ATTACHMENTS: Resolution No. (R) 04- 36 _ Air.kailAni ar '� �glit fry � tto- ey i A -,- Chuck Swee , Town Manager RESOLUTION NO. (R) 04- 36 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING THE TOWN ATTORNEY TO FILE A CONDEMNATION ACTION TO OBTAIN A PORTION OF THE HOPSON PROPERTY FOR THE PURPOSE OF RIGHT-OF-WAY FOR ROADWAY EXTENSION OF LA CANADA DRIVE; AND DECLARING AN EMERGENCY TO EXIST WHEREAS, Oro Valley has the requisite statutory authority to acquire, own, operate and maintain roadways for the benefit of the residents of the Town of Oro Valley; and WHEREAS, Oro Valleyis a municipal corporation within the State of Arizona, is vested with p � all the p,rights, privileges and benefits and entitled to the immunities and exemptions granted to g g municipalities and political subdivisions under the Laws of the State of Arizona; and p WHEREAS, thero erty in question, located within Pima County, Arizona as depicted in p p Attachment 1, attached hereto, is necessary for the extension of La Canada Drive; and WHEREAS, it is necessary that Oro Valley condemn the land depicted in Attachment 1, for the purpose of the extension of La Canada Drive; and WHEREAS, the Town Council has deemed it necessary, in the interest of the residents of the Town of Oro Valley, to authorize the Town Attorney to proceed with the condemnation proceedings s against the property depicted in Attachment 1, in order to ensure that the Town � begin construction of the extension of La Canada Drive. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Town Council of the Town of Oro Valley, Arizona, that the Town Attorney is hereby authorized to proceed with the filing of a condemnation action to obtain the property depicted in Attachment 1, attached hereto and incorporated herein by this reference. BE IT FURTHER RESOLVED that it is necessary for the preservation of the health and safety of the Town of Oro Valley, Arizona that an emergency is declared to exist and this Resolution shall become immediately operative erative and in force from and after the date of adoption hereof. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 21st day of April , 200 4 TOWN OF ORO VALLEY Paul H. Loomis, Mayor F:\Resolutions\Hopson Condemnation.doc Office of the Oro Valley Town Attorney/ca 033004 ATTEST: Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Mark J. Langlitz, Town Attorney Office of the Oro Valley Town Attorney/ca 033004 F:\Resolutions\Hopson Condemnation.doc EXHIBIT 1 LEGAL DESCRIPTION OF PROPERTY TO BE CONDEMNED F:\Resolutions',Hopson Condemnation.doc Office of the Oro Valley Town Attorney/ca 033004 1 ,1 .R-.'� � = GatallnaEngineiring, fric. "A . �• • . ._._... f TrallEpoctatiOn • EnyfrofuThsctaf • CM -•----- j rJ89 °21 ' 45"E 1318. 50 ' ___— �- --- - --- i o � I � OP --6-.6-c -f- 45.00 / Dewane F . Hopson Parcel 219-49- 430 Docket 11470 Page 1436 Northwestquarter of �the northwest quarter r REMA of Section 35, Township 41 South, Range 13 East, Gila & Salt River Meridian, A � Pimp County Arizona, - � � „, Except for the North 75 . 00 feet and � °' �� � the East 30 . 00 feet . � co irn • cr) ,_, w im �Proposed acquisition / � cv r+ East 45 . 00 Feet . Ai-1 m 1 . 2851 Acres _ _ ______ ,..) z 11 .c,: , _ ___ _ cn / TAKING( / i 1The bearings and distances shown are the record dimensions of the NW Yi, NW ki, S 35 per Record / I of Survey Bk 29, Pg 53, records of the Pima County / Recorder, Pima County Arizona . 0° , I ______ ____ y S89 '21 ' 07"11 13i8. 79' - �• 1 i I 1.0.4:1"t';'-iill!,.-";."*"-:*.•;':''''.''''' : 200 0 200 ' • Acquisition Map 180 W. Magee Road. Suite 140 Tucson. Arizor..2 *-- (520) (520) 544-4067 Fax p;'• �,,,._�::•_ email: :atengrsH- ta: : =�^- - . -- Catalina En.ineerin., Inc. Transportafion ' Environmental 6 Civil November 8, 2003 DESCRIPTION OF PARCEL TO BE ACQUIRED Dewane F. Hopson PARCEL NUMBER 219-49-0030 The east 45.00 feet of that parcel of land described in Docket 11470 at page 1436, records of the Pima County Recorder,Pima County Arizona. .4 t °11‘4Z- .1.4r \`'‘c",%>.\ (a./ 27246 \.5); cc R.L. LAWRENCE �f6 :421 180 W. Magee Road. Suite 140 • Tucson, rizo ; (520) 544-4067 • Vi a). 152!). email -�atency. - TOWN OF ORO VALLEY 2 COUNCIL COMMUNICATION MEETING DATE: April 21, 2004 TO: HONORABLE MAYOR & TOWN COUNCIL FROM: Bob Kovitz, Public Information Officer SUBJ: Recognition of Ironwood Ridge High School Science Fair participants Oro Valley and the Hilton El Conquistador were pleased to host the 2004 BioPartnering Conference and Expo on April 5 and 6, 2004. As part of that event, students from the local schools were invited to share their bioscience related projects with the scientists in attendance. This evening, are pleased to welcome the students from Ironwood Ridge High School and their teacher, Mr. Jim Ewing, and to honor them for their projects and their K,---- enthusiastic participation in the conference. . e, , Bo• Kovitz, Public Inform.tion Officer Oill'i"/Z/ -7'"14-s-I- -- Chuck Sweet, Qn Manager TOWN OF ORO VALLEY 3 COUNCIL COMMUNICATION MEETING DATE: April 21, 2004 TO: HONORABLE MAYOR & TOWN COUNCIL FROM: Bryant Nodine, Planning & Zoning Administer SUBJ: Appointment to the Planning & Zoning Commission SUMMARY: Currently there are four terms on the Planning & Zoning Commission (PZC) that recently expired. Mr. Don Cox, Mr. Ken Kinared, Mr. Robert Krenkowitz, and Mr. John Anning have submitted letters expressing interest in re-appointment to the PZC. Based upon on their exemplary service, experience, and interest, I recommend all four gentlemen for consideration for re-appointment to the PZC. Mr. Krenkowitz and Mr. Anning are recommended for a 6-month appointment with the understanding that they will enroll and complete the next CPI course being offered October 2004. Upon "graduation" from the CPI course, both gentlemen will be appointed for the remaining months left in that term. (Please see the attached copies of the letters from Mayor Loomis to Mr. Krenkowitz and Mr. Anning). The following recommended appointees are as follows: Mr. Don Cox (re-appointment) — June 30, 2005 Mr. Ken Kinared (re-appointment) — June 30, 2005 Mr. Robert Krenkowitz (re-appointment) — December 31, 2004 Mr. John Anning (appointment) — December 31, 2004 ATTACHMENTS: 1. Letters (4) requesting re-appointment 2. Letters (2) from Mayor Loomis regarding CPI training SUGGESTED MOTION: I move to re-appoint Mr. Don Cox and Mr. Ken Kinared for new terms expiring June 30, 2005. I also move to re-appoint Mr. Robert Krenkowitz and appoint Mr. John Anning for new terms expiring December 31, 2004 with the unders anding both gentlemen will enroll and complete the next Citizens Plan in Ins itute gin ing October 2004. Bryant Nodine, Planning & Z ing Administrator 7131.1A Brent Sinclair, Community Development Director CA46f4-4ee)61-- Chuck Sweet, Town Manager 11594 N. Verch Way Oro Valley,AZ 85737 May 6, 2003 Mr. Bryant Nodine Planning and Zoning Administrator Town of Oro Valley 11000 N. LaCanada Drive Oro Valley, AZ 85737 RE: Expiration of Current P&Z Term Dear Bryant: I understand that my current term on the Oro Valley Planning and Zoning Commission is about to expire. I further understand that if I am willing to continue serving on the Commission, I am to so notify you in writing. Accordingly,please accept this letter as evidence of my willingness to continue Commission membership, should Town Council decide to appoint me for a full term. It has been an interesting year, and I'm sure the years to come will be full of new challenges. Sincerely, John W. Aiming MAY 1 4 2003 May 12, 2003 Bryant Nodine Planning and Zoning Administrator Town of Oro Valley 11000 N. La Canada Drive Oro Valley, AZ 85737 Dear Mr. Nodine: I am hereby requesting an opportunity to continue serving on the Planning and Zoning Commission for another term. Sincerely, f 1 / Ken Kinared iv y 5 ROBERT j2003 Attorney4It-LaW 13006 N. Whitlock Canyon Drive Tucson,Arizona 85737-1806 Telephone: (520)219-6055 Admitted to the Practice of Law Fax: (520)219-6068 in Arizona and New JerseyE-mail:Robert.Krenkowitz@azbar.org Friday,May 02, 2003 Bryant Nodine, Administrator Planning and Zoning Development Services Center Town of Ow Valley 11000 N. LaCanada Drive Oro Valley, Arizona 85737 Re: Planning and Zoning Commission Consideration for Re-Appointment Dear Mr.Nodine: • Planningand ZoningCommission will expire on June 30, My appointment to the quite of bit during my almost two years on the Commission and 2003. I have learned • ' to the deliberations and recommendations that the believe that I have made a contribution to time. I would like Commission has made during that the opportunity, and am willing, 1 Irequest consideration for re-appointment to the continue to do so. According y, Commission for another two-year term as permitted by the Town's appointmentpolicy y for volunteer boards and commissions. If something more is needed for such a re-appointment request, please let me know. Thankfor ouyour courtesy and consideration. Y Very truly yours, 4\tiiii:k o . RPK1k Page 1 of 1 Chapman, Diane From: Nodine, Bryant Sent: Monday, May 05,2003 12:30 PM To: Chapman, Diane Subject: FW: New Term -----Original Message From:TUCSONBASS@aol.com [mailto:TUCSONBASS@aOl.ComI Sent: Friday, May 02, 2003 6:34 PM To: bnodine@orovalley.net Subject: New Term In response to a letter from Mayor Loomis and a reminder from Diane, I would like to be considered for another two year term on the Oro Valley Planning and Zoning Commission. Thank you for the consideration. Don This E-mail has been scanned byMcAfee WebShield and is delivered to you virus free. Infected attachments associated with this E-mail have either been deleted or cleaned. —Town of Oro Valley Information Technology Division 6/10/2003 11'9/ V J dsy'r" �k 3`4 �O 7 TOWN OF ORO VALLEY x 11000 N. LA CANADA DRIVE ORO VALLEY,ARIZONA 85737 -� Administrative Offices(520)229-4700 Fax(520)297-0428 0,7444www.townoforovalley.com °—NDED�� April 13, 2004 Mr. John Anning 11594 North Verch Way Oro Valley, AZ 85737 Dear Mr. Arming: The re-appointment to the Planning & Zoning Commission(PZC) will be brought pp forward to the Council on April 21, 2004. I would like to take this opportunity to discuss your training. Effective November 20, 2002,the amendments to the Town Council Parliamentary Rules and Code of Conduct required that all new volunteers and those seeking reappointment commitp to the completion of a total of eight (8) hours of training annually (in addition to the initialCPI course) offered bythe Town of Oro Valley onsite and/or through outside sources. The Town, in turn, would commit to providing the logistics and payment of any and all training workshops. John, our records indicated that you have not taken the CPI course yet. The next CPI course starts in October and will provide a great opportunity for you to secure the necessary trainingto be considered for re-appointment. I would like to recommend to the nece y Council that you be re-appointed for six months with the understanding that you would enroll and complete the next CPI course. Upon"graduation" from the CPI course, we will re-appoint you for the remaining 18 months of the term. Please reserve your seat with Diane Chapman bycallingher directly at 229.4815 or sending her an email at p dchapman@ orovalley.net. Sincerely, 7'1:3 Paul H. Loomis Mayor c: Oro Valley Town Council Diane Chapman, PZC Secretary O O Itip O ::57 TOWN OF ORO VALLEY :741:7. ' 11000 N. LA CANADA DRIVE - ORO VALLEY,ARIZONA 85737 C 44 ' Administrative Offices(520)229-4700 Fax(520)297-0428 www.townoforovalley.com UNDEO April 13, 2004 Mr. Robert Krenkowitz 13006 North Whitlock Canyon Drive Oro Valley, AZ 85737 Dear Mr. Krenkowitz: The re-appointment to the Planning & Zoning Commission (PZC) will be brought forward to the Council on April 21, 2004. I would like to take this opportunity to discuss your training. Please note that I have considered the training you have taken on your own through the State Bar regarding current land use issues as well as the extensive independent research. Effective November 20, 2002,the amendments to the Town Council Parliamentary Rules and Code of Conduct required that all new volunteers and those seeking reappointment commit to the completion of a total of eight (8) hours of training annually (in addition to the initial CPI course) offered by the Town of Oro Valley onsite and/or through outside sources. The Town, in turn, would commit to providing the logistics and payment of any and all training workshops. Robert, our records indicated that you have not taken the CPI course yet. The next CPI course starts in October and will provide a great opportunity for you to secure the necessary training to be considered for re-appointment. I would like to recommend to the g Council thatpp ou be re-appointed for six months with the understanding that you would y enroll and complete the next CPI course. Upon"graduation" from the CPI course, we will re-appoint you for the remaining 18 months of the term. Please reserve your seat with Diane Chapman by calling her directly at 229.4815 or sending her an email at dchapman(cz�orova ey.net. Sincerely, 4,- -Jam` rLd�'P.�i_.4.-:----- ,.:,q:,';;::;:.:,.,-._.__-------- Paul H. Loomis Mayor c: Oro Valley Town Council Diane Chapman,PZC Secretary I4TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: APRIL 21, 2004 TO: HONORABLE MAYOR & COUNCIL FROM: Ainsley Anne Reeder Parks and Recreation Administrator SUBJECT: Resolution No. (R) 04- 37 Award of Bid for Project No. OV-PR-04-01 NEW RESTROOM FACILITY AT JAMES D. KRIEGH PARK - Authorizing the Town to Enter into a Contract--Authorization of Funds for the Project BACKGROUND: Several months ago, the septic tank at James D. Kriegh Park malfunctioned and was deemed beyond repair. The concession stand and the south restrooms drained into this system. Because of the location of these buildings, it was impossible to connect to the County sewer system without installing a costly lift station. With the high volume traffic at the restroom facility, continuing to utilize a septic system for this building would have created an ongoing problem. (The septic system was replaced for the Concession Stand use only.) After consideration of the options, staff was directed to develop plans and obtain bids for a new restroom facility near an existing County sewer line. Additionally, staff was instructed to return to Town Council after obtaining construction for approval and funding. SUMMARY: Thisp roj ect involves the construction of a new restroom facility at James D. Kriegh Park, including, but not limited to, survey and staking, native plant salvage, earthwork and grading, sidewalk and restroom construction, and upgrades in the electric service and potable water service for the parks shop area. On Monday, April 5, 2004, four sealed bids were submitted for Project Number OV-PR-04-01 New Restroom Facility at James D. Kriegh Park. The bids were as follows: Niche Contractors Inc. $259,319.00 LVH Construction Inc. $193,480.00 Hickam Arnold Assoc. $193,773.00 Twin Peaks Construction $183,000.00 Twin Peaks Construction provided the lowest bid at $183,000.00, but did not meet all of the submittal p as requirements specified by the Bid Plans. Specifically, Twin Peaks' commercial contractor's license has q been suspended by the State of Arizona Registrar of Contractors. LVH Construction Inc. provided the next lowest bid at $193,480.00 and met all of the submittal requirements as specified by the Bid Plans. The architects' and engineers' estimate for this project was $186,182.00. FISCAL IMPACT: As this unexpected project was not anticipated in the 2003-2004 Annual Budget or the 2003-2004 Capital Improvements Program, it is not currently funded. Therefore, authorization for funds to be transferred from the General Fund Contingency is needed for this project. The total fiscal impact for the project will be $193,480.00 plus the cost of the water and sewer connection fees. STAFF RECOMMENDATION: A. Staff recommends the award of bid to LVH Construction Inc., the lowest responsible bidder for $193,480.00; and, B. Direct staff to prepare a Notice of Award to the lowest responsible bidder and transmit the Notice and the Contract Agreement and Bond for execution; and C. Direct staff to issue the Notice to Proceed in accordance with the requirements of the Contract Agreement upon receipt of the Contract Agreement; and D. Designate $193,480.00 from the Town General Fund Contingency to fund this project. SUGGESTED MOTION: The Council may wish to consider the following motion: I move to approve the award of bid to LVH Construction Inc., the lowest responsible bidder, for a total project cost of $193,480.00 for Project Number OV-PR-04-01 New Restroom Facilities at James D. Kriegh Park utilizing $193,480.00 from the Town General Fund contingency; and to approve Resolution No. R (04)- 37 authorizing and directing the Town Manager to enter into contract with LVH Construction Inc. Attachments: 1) Minutes of bid opening, April 5, 2004. 2) Resolution No. R(04)- 37 Parks an Re rea ip n Administrator De.. e Head own Manager RESOLUTION NO. R(04)- 37 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, APPROVING AND AUTHORIZING THE EXECUTION OF A CONTRACT FOR CONSTRUCTION OF A NEW RESTROOM FACILITY AT JAMES D. KRIEGH PARK WHEREAS, the Town of Oro Valley has received bids for a New Restroom Facility at James D. Kriegh Park; and, WHEREAS, the Town of Oro Valley desires to enter into a contract with LVH Construction Inc., the lowest responsible bidder; and, WHEREAS, the contract should include, but is not limited to, survey and staking, native plant salvage, earthwork and grading, sidewalk and restroom construction, and upgrades in the electric service and potable water service for the parks shop area; and, WHEREAS, it is necessary for the preservation of the peace,health and safety of the Town of Oro Valley, Arizona, an emergency is declared to exist, and this resolution shall be effective immediately upon its passage and adoption. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA: That the Town Manager is authorized to contract with LVH Construction Inc. to provide services for construction of a New Restroom Facility at James D. Kriegh Park. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 21st day of April , 2004. Paul H. Loomis, Mayor ATTEST: Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Mark Langlitz, Town Attorney O O O O o o O 00 0� O ct t M M M ,-. M c;1 0o0 CT O� N Cl)cn C) C)U CI) riCg p 0 rz 4 4 C4-- ct 0 46 . ad71. E 0 o i 0 .+..�,, . v, cn U H ' g'i ,cn o U 041 Cl) O Maw o c) -- �'C) Imo' V N.., �/ ., C4 0 H � a ° � >, a) as A �, N cnto al rn ...� 4 '''' 4 •E o c) ,c, p4 ).4 � O N � N 0 ... < in in (4_4 Lf) ,---, 4( w 0 U L) H o•. o • o ,cn al 4 o a o Qt C/) ro c� N 0 N ' N a N ° O N U -t 'g'''' w to U —, N >, . vi F. a; A4 0 0 0 W ''� Cl 00 Cl) Le) a) v& O a) z m ›, p cv o •E °O ' ' N •• aHMH (-NIci) HMc/] H C) a U U U N 4 ° Oo v `�' w •. U C) '4 a cv •° ° N � a N 4 .. > " o cd cz1 ci) c9 cn 0 -4-- E 5 C) • EU O °ua1 � C •• ,.� ,4 O H o > .0 .0 H z o HUS 2 04 o -°;C ,..-. V p.' H TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: APRIL 21, 2004 TO: HONORABLE MAYOR & COUNCIL FROM: Scott Nelson, Special Projects Coordinator SUBJECT: PUBLIC HEARING REGARDING REQUEST TO ANNEX APPROXIMATELY 20.45 ACRES OF UNINCORPORATED TERRITORY LOCATED NORTH AND WEST OF THE CURRENT TOWN LIMITS IN SECTION 34, TOWNSHIP 11 SOUTH, RANGE 13 EAST, GILA AND SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA, THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER AND THE SOUTH 30 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER. SUMMARY: On March 17, 2004 the Mayor & Council voted to initiate the annexation process for approximately 20.45 acres of unincorporated territory located north and west of the current Town limits and near the La Canada and Tangerine Road intersection, and as outlined in Oro Valley Resolution No.(R) 03-06, Oro Valley Policy for Annexation of Unincorporated Land and per the requirements of Arizona State Law. This annexation is in ompliance with the Oro Valley general planning area, and will be identified as Annexation Area H. In accordance with ARS 9-471(A) (1), the blank petition, map and legal description was filed with the Pima County Recorder on April 01, 2004. Once the blank petition, map and legal description is filed, a 30 day waitingperiod begins, during which time a public hearing must be held. In addition,we have completed the process of following the state law requirements regarding notification at least 6 days prior to the public hearing and at least 15 days before the end of the 30 day waiting period: 1.Publish notice of public hearing in The Daily Territorial newspaper. 2.Post the notice ofublic hearing in at least three conspicuous places on the property proposed to be annexed. p 3. Mail the notice of public hearing by first class mail to the property owners in the territory considered for annexation. 4. Mail the notice of public hearing to the Chairman of the Pima County Board of Supervisors. FISCAL IMPACT: Net fiscal impact. 1 year-$2,709.07, 5year-$13,545.35 ATTACHMENTS: 1.ARS 9-471, Annexation of territory;procedures; notice; petitions; access to information; restrictions. 2.Map and Legal description of proposed Annexation Area H. 3. Letter of request from area residents, consultant dated January 27th, 2004. 4. Fiscal Impact Analysis by Economic Development Specialist, Karen Greenspoon SUGGESTED MOTION: No action is required at this time. Special Projects Coordinator own Mana'er -47•� Ai-inei:atkn of territory; procedures; notice; petitions; access to information; restrictions �. The following procedures are required to extend and increase the corporate limits of a city or town by annexation: . city or town shall file in the office of the county recorder of the county in which the annexation is proposed a blank on required byparagraph 4 of this subsection setting forth a description and an accurate map of all the exterior )oundaries of the territory contiguous uous to the city or town proposed to be annexed.Notice and a copy of the filing shall Ix ;iven to the clerk of the board of supervisors and to the county assessor. The accurate map shall include all county ights-of-way and roadways with no taxable value that are within or contiguous to the exterior boundaries of the area of g y Y hero osed annexation. If state land, other than state land utilized as state rights-of-way or land held by the state by tax p p teed is included in the territory, written approval of the state land commissioner and the selection board established by rection 37-202 shall also be filed. !. on Signatures petitions filed for annexation shall not be obtained for a waiting period of thirty days after filing the g )lank petition. . After filing the blank petition pursuant to paragraph 1 of this subsection, the governing body of the city or town shall sold ap ublic hearing within the last ten days of the thirty day waiting period to discuss the annexation proposal. The ,, )ublic hearing shall be held in accordance with the provisions of title 38, chapter 3, article 3.1, except that, iotwithstanding the provisions rovisions of section 38-431.02, subsections C and D, the following notices of the public hearing to liscuss the annexation proposal shall be given at least six days before the hearing: a) Publication at least once in a newspaper of general circulation, which is published or circulated in the city or town tnd the territory proposed to be annexed, at least fifteen days before the end of the waiting period. b) Posting in at least three conspicuous public places in the territory proposed to be annexed. 'otice by first class mail sent to the chairman of the board of supervisors of the county in which the territory )i.,,,osed to be annexed is located. d)Notice by first class mail with an accurate map of the territory proposed to be annexed sent to each owner of the real end ersonal property as shown on the list furnished pursuant to subsection G of this section that would be subject to p axation bythe cityor town in the event of annexation in the territory proposed to be annexed. For the purposes of this subdivision, real and personal property includes mobile, modular and manufactured homes and trailers only if the owner also owns the underlying real property. L Within oneY ear after the last day of the thirty day waiting period a petition in writing signed by the owners of one- ialf or more in value of the real and personal property and more than one-half of the persons owning real and personal )ro e�Y that would be subject to taxation by the city or town in the event of annexation, as shown by the last assessment p )f theropertY, maybe circulated and filed in the office of the county recorder. For the purposes of this paragraph, real p tndersonal property includes mobile, modular and manufactured homes and trailers only if the owner also owns the p p p inderlying real property. .No alterations increasing or reducing the territory sought to be annexed shall be made after a petition has been signed )y a property owner. i. Theetitioner shall determine and submit a sworn affidavit verifying that no part of the territory for which the filing is p nade is already subject to an earlier filing for annexation. The county recorder shall not accept a filing for annexation vithout the sworn affidavit. 1 1 information contained in the filings, the notices, the petition, tax and property rolls and other matters regarding a )roposed or final annexation shall be made available by the appropriate official for public inspection during regular )ffice hours. Any cityor town, the attorney general, the county attorney, or any other interested party may upon verified petition nove toq uestion the validity of the annexation for failure to comply with the provisions of this section. The petition hal :the manner in which it is alleged the annexation procedure was not in compliance with the provisions of his section and shall be filed within thirty days after adoption of the ordinance annexing the territory by the governing )odythe of cityor town and not otherwise. The burden of proof shall be upon the petitioner to prove the material elleg ations of his verified petition. No action shall be brought to question the validity of an annexation ordinance unless)rP"ght within the time and for the reasons provided in this subsection. All hearings provided by this section and all is therefrom shall be preferred and heard and determined in preference to all other civil matters, except election 1 � fictions. In the event more than one petition questioning the validity of an annexation ordinance is filed, all such petitions hall be consolidated for hearing. If two or more cities or towns show the court that they have demonstrated an active nterest in annexingany or all of the area proposed for annexation, the court shall consider any oral or written tgreements or understandings between or among the cities and towns in making its determination pursuant to this subsection. ). The annexation shall become final after the expiration of thirty days from the adoption of the ordinance annexing the erritorybythe cityor town governing body, provided the annexation ordinance has been finally adopted in accordance vithp rocedures established by statute, charter provisions, or local ordinances, whichever is applicable, subject to the eview of the court to determine the validity thereof if petitions in objection have been filed. For thep �u ose of determining the sufficiency of the percentage of the value of property under this section, such Talues of property shall be determined as follows: . In the case oftY ro er assessed by the county assessor, values shall be the same as shown by the last assessment of p p he property. 1. In the case ofropertY valued by the department of revenue, values shall be appraised by the department in the p nanner provided by law for municipal assessment purposes. • For theur ose of determining the sufficiency of the percentage of persons owning property under this section, the p p ber of persons owning property shall be determined as follows: ▪ In the case ofrope�Y assessed by the county assessor, the number of persons owning property shall be as shown on p he last assessment of the property. 1. In the case ofrope�Y valued by the department of revenue, the number of persons owning property shall be as showr. p )n the last valuation of the property. . If an undivided arcel of property is owned by multiple owners, such owners shall be deemed as one owner for the p )urposes of this section. L If a e owns multiple lti lparcels of property, such owner shall be deemed as one owner for the purposes of this p p section. 1. The county assessor and the department of revenue, respectively, shall furnish to the city or town proposing an Lnnexation within thirty days s after a request therefor a statement in writing showing the owner, the address of each )weer and the appraisal and assessment of all such property. -1. Territory is not contiguous for the purposes of subsection A, paragraph 1 of this section unless: . It adjoins the exterior boundary of the annexing city or town for at least three hundred feet. '.. It is, at all points, at least two hundred feet in width, excluding rights-of-way and roadways. L he distance from the existingboundaryof the annexing city or town where it adjoins the annexed territory to the . urthest point of the annexed territory from such boundary is no more than twice the maximum width of the annexed erritory. . A city or town shall not annex territory if as a result of such annexation unincorporated territory is completely uri'',i►1��,� "- = y the annexing city or town. Notwithstanding provisions of this article to the contrary, any town incorporated prior to 1950 which had a . N otwith g an Y � Indian of less than two thousand persons by the 1970 census and which is bordered on at least three sides by Inds )opulation ar byordinance territory owned by the state within the same county for a new townsite which is not may annex ,e ,uous to the existing boundaries of the town. C. The provisions of subsections H and I of this section shall not apply to territory which is surrounded by the same city � )r town or which is bordered by the same city or town on at least three sides. A city or town annexing anzoning p area shall adopt classifications which permit densities and uses no greater than J. hose permitted county bytheimmediately before annexation. Subsequent changes in zoning of the annexed territory ,hall be made accordingto existing procedures established by the city or town for the rezoning of land. A. The annexation of territorywithin six miles of territory included in a pending incorporation petition filed with the ;ountyrecorder pursuant to section 9-101.01, subsection C shall not cause an urbanized area to exist pursuant to section )-101.01 which did not exist prior to the annexation. alternative to theprocedures established in this section, a county right-of-way or roadway with no taxable real J. As an . a be annexed to an adjacent city or town by mutual consent of the governing bodies of the county and city or property may J the roe annexed is adjacent to the annexing city or town for the entire length of the annexation and if the own fifproperty�y J and countyeach approve the proposed annexation as a published agenda item at a regular public meeting of ,ity or town pp p p heir governing bodies. ). On or before the date the governing body adopts the ordinance annexing ter _`� 0. I. P44 , a,. 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V (r) ._ v -"IOC :::ii::1 .........0111C / / ,,,,,I/I/IIIb,I IIS 1 , , . t \ 30 it IF, _q ii 1 • • • • • • To: Scott Nelson From: Carl Winters � *. -Subject: Miller/Montgomery/Kay Annexation Project No: : 02020.1 • Date: • January 27, 2004 . • Here is the legal for the annexation of the property that is part of the Miller/Montgomery/Kay family.-that is not currently within the Town of Oro Valley: Please proceed with the annexation at• your earliest convenience as we intent to proceed with the plan-amendment and rezoning of the entire property. : : Enc: Legal &Map Cc: Susie Montgomery • • • • • • • • • • • • • ,� � ptdnnlng �resources Planning landscape architecture urban design development consul#ants • 270 Horth Church Ruenue.Tucson Rrizona 85701 ■ [520)6284118 fay:628-7637 planres@mindspring.com 2111 East Broadway Road.Suite 14, Tempe Rrizona 85282 ■ (602).791-5157 'fax:[480)921=9561 • March 2, 2004 TO: Scott Nelson FROM: Karen Greenspoon Due to the small amount of calculations involved in Area H, please accept this as my report on the income/expense of the proposed annexation area. The only reported expenses will be from Public Works. Mr. Jansen expects that if these are publicly maintained streets, the annual expense would be approximately $5,000.00 per year. The total income for the existing 3 residences based on our calculations would be $2,290.93 per year. The net result would be : -$2309.O 7. TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: April 21, 2004 TO: HONORABLE MAYOR & COUNCIL FROM: Chuck Sweet, Town Manager SUBJECT: Resolution (R)04- 38 Approval of an Intergovernmental Agreement with Pima County Regarding Implementation of the 2004 Pima County Bond Issue Projects 9 9 SUMMARY: The Pima CountyBond Issue Election date is May 18, 2004. Within the bond proposal are five projects located within or adjacent to the Town of Oro Valley: Kelly Ranch Acquisition, Steam Pump Ranch Rehabilitation, HoneyBee Village Site Acquisition, Naranja Town Park Site, and Oro Valley PublicLibrary Expansion.Ex ansion. All of these projects were prioritized by the Town Council and forwarded to the County for inclusion in the Bond Issue. The attached Intergovernmental Agreement identifies each of the five projects and outlines the 9 conditions by which they are to be implemented should the bond election be approved by the voters. Specifically the IGA identifies implementation periods for funding, protocol for property acquisition, P Y building restoration, ownership, operations and maintenance of properties. Fiscal Impact: Oro Valley Bond Projects 1. Kelly Ranch $ 2,500,000 2. Steam Pump Ranch 2,000,000 3. Honey Bee Village 1,000,000 4. Naranja Town Site Park 3,000,000 5. Oro Valley Library Expansion 1,100,000 Recommendation: It is recommended that the attached Resolution and IGA with Pima County be adopted in order to provide assurances to the Town of Oro Valley as to how these bond projects and proceeds will be administered, in the event the May 2004 bond election is successful. TOWN OF ORO VALLEY 7OUNCIL COMMUNICATION Page 2 of?,??" Attachments: 1. Resolution (R)04- 38 Approval of an Intergovernmental Agreement with Pima County Regarding Implementation of the 2004 Pima County Bond Issue Projects 2. Town Manager letter dated April 9`" 2004 regarding IGA relating to May 2004 Bond Implementation Plan 3. Intergovernmental Agreement with Pima County Regarding Implementation of the 2004 Pima County Bond Issue Projects .411 ,4siateAlOif" TOWN M NAGER RESOLUTION NO. (R) 04- 38 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING AND APPROVING THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND PIMA COUNTY FOR THE IMPLEMENTATION OF THE 2004 PIMA COUNTY BOND ISSUE PROJECT FUNDING WHEREAS, the Town of Oro Valley, is a municipal corporation within the State of Arizona, and pursuant to A.R.S. § 11-952, the Town Council is authorized to enter into Intergovernmental Agreements; and WHEREAS, The Town wishes to enter into an Intergovernmental Agreement with Pima County for the implementation of the 2004 Pima County Bond Issue Project Funding; and WHEREAS, entering into this Intergovernmental Agreement will benefit residents of Pima County and the Town; and WHEREAS, it has been determined that it is in the best interest of the Town to enter into this Intergovernmental Agreement (attached hereto) with Pima County, and that the Mayor and Council of the Town of Oro Valley, authorize and approve the Intergovernmental Agreement. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona, that the Intergovernmental Agreement (attached hereto) between the Town of Oro Valley and Pima County is authorized to be signed. BE IT FURTHER RESOLVED that the Mayor and any other administrative officials of the Town of Oro Valley are hereby authorized to take such steps as are necessary to execute and implement the terms of the Intergovernmental Agreement. PASSED AND ADOPTED 21st by the Mayor and Town Council of the Town of Oro Valley, Arizona this day of April , 2004. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Mark J. Langlitz, Town Attorney F:\Resolutions\IGA approval:general\Bond Issue Project Funding 2004.doc Office of the Oro Valley Town Attorney's Office/CA/041504 N\P\-`-EY i1,,, 0 - 0 /61, d'' 1/7 TOWN OF ORO VALLEY I 1r 11000 N. LA CANADA DRIVE 4 ORO VALLEY,ARIZONA 85737 CA ii. Administrative Offices(520)229-4700 Fax(520)297-0428 '' www.townoforovalley.com Yom, °L/NDED\g April 9, 2004 Mr. Chuck Huckelberry, County Administrator Pima County 130 W. Congress, 10 Floor Tucson, Arizona 85701 Re: Pima County Bond Election - IGA Dear Mr. Huckelberry: Pursuant to our meeting on March 18th and my letter to you on March 24th submit to you the attached IGA relating to the impending Bond Election on May 18th 2004. Separate communications have been sent to Mr. Jim Barry concerning the "Project Management" and "Implementation Periods" for the Oro Valley Bond Projects. The attached IGA is being scheduled for the upcoming Oro Valley Town Council meeting of April 21st for action. If you have questions regarding this IGA, please give me a call. Thank you. incerely, / ; . .• 04 Chuck weet Town Manager C: Oro Valley Mayor and Council Members Supervisor Sharon Bronson, Chair of the Pima County Board of Supervisors Supervisor Ann Day, District#1 w INTERGOVERNMENTAL AGREEMENT BETWEEN PIMA COUNTY AND THE TOWN OF ORO VALLEY FOR THE IMPLEMENTATION OF THE 2004 PIMA COUNTY BOND ISSUE PROJECT FUNDING THIS INTERGOVERNMENTAL AGREEMENT, dated , 2004, is made by and between a Pima County, bodypolitic and corporate of the State of Arizona ("County") and the Town of Oro Valley, Arizona, a municipal corporation ("Town"). RECITALS A. County and Town are authorized to enter into this Agreement for joint or cooperative action pursuant to A.R.S. § 11-952. B. County is proposing a 2004 Bond Issue to fund numerous projects for various y public purposes within the County. Those public purposes include the following: (1) Sonoran Desert Open Space and Habitat Protection; (2) Public Health and Community Facilities; (3) Public Safety and Justice Facilities; (4) Cultural and Historic Resources and Parks and Recreation; (5) River Parks and Flood Control Improvements; and (6) Sewer System Revenue Bonds. C. The election on the County Bond Issue is to be held on May 18, 2004. g D. County and Town agreed to include within the 2004 Bond Issue certain specific residents of the County benefiting and the Town. Those projects, and the amount of funding appropriated ro riated under the 2004 Bond Issue for each, include the following: (i) KellyRanch Acquisition ($2,500,000); (ii) Steam Pump Ranch Rehabilitation ($2,000,000); (iii) Honey Bee Village Site Acquisition ($1,000,000); (iv) Naranja Town Park Site ($3,000,000); and (v) Oro ValleyPublic Library Expansion ($1,100,000). are more particularlydescribed in the 2004 Bond Election Each of the above projects Project Fact Sheets attached hereto as Exhibit "A" and made a part hereof. identified above in Paragraph D. subdivisions (i) Kelly Ranch E. The projects g Pump Acquisition, (1i) Steam Ranch Rehabilitation, (iii) Honey Bee Village Acquisition, and (iv) Naranja Town Park Site, each involve the acquisition of property rights by the Town in the subject parcels. In addition, project (ii) Steam Pump Ranch Rehabilitation includes restoration work on an existing ranch house. F. The project identified above in Paragraph D. (v) Oro Valley Public Library Expansion, involves architectural services, construction work and the acquisition of computers and related technology, furnishings, fixtures and equipment. G. In the eventthe 2004 CountyBond Issue is approved by the voters on May 18, 2004, County and Town desire to establish the terms and conditions for payment of the 2004 Pima County Bond Issue funds from the County to the Town for those projects identified in Paragraph D. (i)—(v) above. AGREEMENT NOW THEREFORE, for and in consideration of the mutual covenants, promises and conditions hereinafter contained, the parties hereby agree as follows: 2 1. Condition Precedent. Countyand Town agree that this Agreement is contingent upon the approval by the voters on May18, 2004, of the proposed Pima County Bond Issue. 2. Acquisition of Real Property Rights. payment Town shally receivea ment from County out of the appropriated Bond property r funds prior to acquiring therights in connection with the projects identified g subdivisions (i) Ranch Acquisition, (ii) Steam Pump Ranch above In Paragraph D. Kelly Rehabilitation, (111) Honey Bee Village Acquisition, and (iv) Naranja Town Park Site, in the years identified in Exhibit "A". y obligation Prior to County's s obli ation to make payment to Town, Town shall either (a) enter into a Purchase Contract with the owners of the subject parcels, or (b) eminent domain action pursuant to A.R.S. Title 12, Chapter 8, Article 2, commence an he subject parcels. Town shall provide County with copies of all against the owners of t Purchase Contracts and eminent domain action pleadings. 2.3.. Up on not less than fourteen (14) days written notice from Town to 1l expend applicable Bond funds and shall remit payment to Town for County, County sha penpp all reasonable and necessaryacquisition costs, as determined by Town, in connection with the aforesaid parcelsup to a maximum of the appropriated Bond amounts set forth In Exhibit "A". Town shall be solely responsible for any and all costs in excess of the appropriated Bond funds. 3. Restoration and Construction Work and Acquisition of Personal Property. Town shall receive payment from County out of the appropriated Bond 3.1. p Y funds prior to the commencement of the restoration and construction work and 3 acquisition• of the personal property in connection with the projects identified above in ' i ' (ii) Steam Ranch Rehabilitation and (v) Oro Valley Paragraph D. subdivisions Pump Public LibraryExpansion, in the years identified in Exhibit "A". p 3.2. Prior to County'sobligation obli ation to make payment to Town, Town shall provide County with cost estimates for all such restoration and construction work and copies of all contracts for the purchase of such personal property. Upon U on not less than fourteen (14) days written notice from Town to County, County shall expend applicable Bond funds and shall remit payment to Town for p pp all reasonable and necessaryrestoration, construction and personal property purchase costs, as determined byTown, in connection with the aforesaid projects up to a maximum of the appropriated Bond amounts set forth in Exhibit "A". Town shall be solely responsible for anyand all costs in excess of the appropriated Bond funds. 4. Ownership, Operation and Maintenance. 4.1. Town shall own, control, operate and maintain, at its own cost and real property and improvements made thereon in connection with the expense, all the p p y p projects identified above in paragraph D. (i) through (v). Town shall also own all and other project facilities. County shall have no responsibility for equipment, materials, suchJro'ects beyond payment as provided in this Agreement. p p 4.2. Town shall not dispose or encumber its title or other interests in the aforesaid projectsy- for twenty-five years following the date of completion of the projects. and maintain the projects for a period of not less than twenty-five Town shall operate years and shall not charge a fee for use of the projects' improvements and/or facilities by County residents that is more than a fee charged for Town residents for a similar purpose. 4 Town agrees that the use and benefit improvements shall be made available to all residents of County without restriction or preference to jurisdiction of residence. 5. A.R.S. § 38-511. This Agreement is subject to cancellation pursuant to A.R.S. § 38-511, thep ertinent provisions of which are incorporated herein by reference. 6. Indemnification. 6.1. To the fullest extent permitted by law, each party to this Agreement shall indemnify, defend and hold the other party, its governing board or body, officers, departments, employees and agents, harmless from and against any and all suits, actions p legal or administrative proceedings, claims, demands, liens, losses, fines or penalties, g damages, liability, interest, attorney's, consultant's and accountant's fees or costs and g expenses of whatsoever kind and nature, resulting from or arising out of any act or omission of the indemnifying party, its agents, employees or anyone acting under its direction or control, whether intentional, negligent, grossly negligent, or amounting to a breach of contract, in connection with or incident to the performance of this Agreement. 6.2. To the fullest extent permitted by law, each party to this Agreement shall indemnify, defend and hold the other party, its governing board or body, officers, departments, employees and agents, harmless from and against any claims and damages, p as fully set out above in paragraph a, resulting from or arising out of the existence of any substance, material or waste, regulated pursuant to federal, below or originated from property owned or controlled by the indemnifying party prior to the execution of this p Y Intergovernmental Agreement. 6.3. Each party shall notify the other in writing within thirty (30) days of the an receipt of claim, demand, suit or judgment against the receiving party for which the Y 5 intends to invoke the provisions of the Article. Each party shall keep the receiving party other party informed on a current basis of its defense of any claims, demands, suits, or judgments under this Article. g 6.4. The obligations under this Article shall not extend to the negligence of the indemnified party, its agents or employees. 6.5This Article shall survive the termination, cancellation or revocation, . whether in whole or in part, of this Agreement. 7. Insurance. requestedby When the other party, each party shall provide proof to P the other of their worker's compensation, automobile, accident, property damage, and liability coverage or program of self-insurance. 8. Books and Records. Each party shall keep and maintain proper and complete books, records and accounts, which shall be open for inspection and audit by duly authorized representatives of other party at all reasonable times. All design and p any construction drawings, records, documentation and correspondence shall be the property the completion of the projects, except copies maintained by County for its of Town at p records. 9. Inspection and Audit. County may perform an inspection of the aforesaid projects or an audit of anybooks or records of Town in order to verify that monies spent on such project were done so in accordance with this Agreement. l0g Entire Agreement. This instrument constitutes the entire agreement between the partiespertaining ertaining to the subject matter hereof, and all prior or contemporaneous , oral or written, and hereby superseded and merged agreements and understandings herein. 6 g 11. Amendment. This Agreement shall not be modified, amended, altered or changed except bywritten agreement signed by the parties. 12. Construction and Interpretation. All provisions of this Agreement shall be construed to be consistent with the intention of the parties as expressed in the recitals hereof. eadin s. The headings used in this Agreement are for convenience 13. Captions and H g g only and not intended to affect the meaning of any provision of this Agreement. 14. Severability. In provision the event that any of this Agreement or the application thereof is declared invalid or void by statute or judicial decision, such action shall have no effect on other provisions and their application which can be given effect without the invalid or void provision or application, and to this extent the provisions of the In the event that any are severable provision of this Agreement is declared invalid or void, the partiesagree a ree to meet promptly upon request of another party in an attempt to reach an agreement on a substitute provision. 15. Workers' Compensation. An employee of any part shall be deemed to be an "employee" public agencies while performing pursuant to this Agreement, for of the g purposes of A.R.S. § 23-1022 and the Arizona Workers' Compensation laws, but shall not create an emto er ee relationship for any other purposes. The primary p y -em to p y employer shall be solelyliable for any worker's compensation benefits which may shallpost a notice pursuant to the provisions of A.R.S. § 23-906 in accrue. Each party substantially the following form: 16. Legal Jurisdiction. Nothingin this Agreement shall be construed as either limiting or extending the legal jurisdiction of any party. 7 It is not intended bythis Agreement to, and nothing contained 17. No Joint Venture. in this Agreement shall be construed to, create any partnership, joint venture or hi between the parties or create any employee-employee employment relations p relationship between CountyandTown employees, or between Town and County any employees, except to the extent set forth in Section 21 (e) above relating to Workers' Compensation. No party shall be liable for any debts, accounts, obligations nor other liabilities whatsoever of the other, including (without limitation) the other party's obligation to withhold Social Securityand income taxes for itself or any of its employees. Beneficiaries. Nothing No Third Party in the provisions of this Agreement is intendeddutiesor obligations to or rights in third parties not parties to this to create g Agreement affector legalliability the of any party to the Agreement by imposing any standard of care with respect to the maintenance of public facilities different from the standard of care imposed by law. 19. Compliance with Laws. 19.1. Thep parties shall comply 1 with all applicable federal, state and local laws, rules, regulations, standards and executive orders, without limitation to those designated within this Agreement. provisions The of A.R.S. § 41-1463 and Executive Order Number 75-5, as amended by Executive Order 99-4, issued by the Governor of the State of Arizona are incorporated by this reference as a part of this Agreement. 19.3. ThisAgreementsubject is subject to all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101-12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36. e 8 19.4. Town agrees to comply 1 with Pima County Code § 3.06.080, "Implementation of County Projects Proects in Other Jurisdictions" and Pima County • VIII, "Implementation of County Bond Projects in Other Ordinance No. 1997-3 5, Sectionp Jurisdictions." 20. Waiver. Waiver by any part of any breach of any term, covenant or condition herein contained shall not be deemed a waiver of any other term, covenant or condition, the same or any any subsequent breach of other term, covenant, or condition herein contained. party 21. Force Majeure. A art shall not be in default under this Agreement if it does not fulfill any of its obligations under this Agreement because it is prevented or delayed in doing so by reason of uncontrollable forces. The term "uncontrollable forces' shall mean, for the purpose of this Agreement, any cause beyond the control of the party affected, including but not limited to failure to facilities, breakage or accident to machinery or transmission facilities, weather conditions, flood, earthquake, lightning, fire, epidemic, war, riot, civil disturbance, sabotage, strike, lockout, labor dispute, r shortage, casualtyloss, acts of God, or action or non-action boycott, material or energy g , by governmental bodies in approving or failing to act upon applications for approvals or due to the negligence or willful action of the parties, order of any permits which are not g g government officer or court (excluding orders promulgated by the parties themselves), or national emergency,and declared local, state , which, by exercise of due diligence and g y ould not reasonabl have been expected to avoid. A party rendered foresight, such party c y unable to fulfill any obligationsby reason of uncontrollable forces shall exercise due diligence to remove such liability with all reasonable dispatch. 9 or demands upon anyparty to this Agreement shall be in 22. Notification. All notices p writing, unless other forms are designated elsewhere, and shall be delivered in person or g sent by mail addressed to the Town Clerk or the Clerk of the Board for the County or the • with copies to the Town Manager and the County Administer. District, as appropriate, p 23. Remedies. A party may pursue anyremedies provided bylaw for the breach of this Agreement. No right or i ht remedyis intended to be exclusive of any other right or remedy and each shall be cumulative and in addition to any other right or remedy existing at law or in equity or by virtue of this Agreement. IN WITNESS WHEREOF,OF Countyhas caused this Intergovernmental Agreement to be of its Board of executed by the ChairmanSupervisors, upon resolution of the Board and attested to be the Clerk of the Board, and Town has caused this Intergovernmental Agreement to be executed Mayorupon bythe u on resolution of the Mayor and Council and attested to by its Clerk. ATTEST: PIMA COUNTY: Clerk, Board of Supervisors Chair, Board of Supervisors TOWN OF ORO VALLEY: ATTEST: Town Clerk Mayor, Town of Oro Valley 10 Intergovernmental Agreement Determination The foregoing Intergovernmental Agreement between Pima County and the Town of Oro Valley has been reviewed pursuant to A.R.S. § ]1-952 by the undersigned, who have determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to those parties to the Intergovernmental Agreement represented by the undersigned. Attorney for the Town Deputy Pima County Attorney For Pima County 11 Exhibit "A" 1.18 Kelly Ranch Location: Theparcels arcels are located at the intersection of Tangerine and Oracle, on the east side of Oracle. Scope: Purchasesimpleor in fee acquire conservation easements on 5 parcels totaling 103 acres, which would be added to the boundaries of Catalina State Park. Pimy, a Count Town of Oro Valley, and Arizona State Parks would arrange for a land exchange. Preservation of these parcels will prevent urban encroachment on the Benefit: sensitive natural resources of Catalina State Park, which surrounds these parcels on the north, east, and south. Significant cultural and archeological resources on the site will also be protected and recreation and educational that exist opportunities for the public will be created. Cost: $5,000,000 Bond Funding: $2,500,000 Other Funding: $2,500,000 — the Town of Oro Valley, with the close cooperation of Pima County, will seek this additional funding from Arizona State Parks. Implementation Period: 2 Project Management: The Town of Oro Valley will negotiate with the property 9 owner and acquire the property with County Bond Funds. Future Operating eratin and Maintenance Costs: Operating and maintenance costs associated with this acquisition will be minimal and will be absorbed in the annual State Parks Operating Budget. 4.6 Steam Pump Ranch Rehabilitation Location: West of Oracle Road in Oro Valley, near Catalina del Oro Wash, in the Town of Oro Valley. Scope: Acquire acreage and rehabilitate the historic Canada del Oro Steam q Pump Ranch — the founding site of the Oro Valley community. Benefit: George Pusch and John Zellweger arrived in Tucson in 1874. Shortly thereafter they purchased part of the old Canada del Oro Ranch. They registered the PZ brand and put in a steam pump from which the ranch got its name. Gy, Gradually, the ranch expanded to include land along the San Pedro River between Mammoth and Winkleman. Steam Pump Ranch located on the road to Grant now Oracle Road, was a stopover place for travelers in the 19th Camp , Century between the San Pedro and Santa Cruz valleys. Author Harold Bell was a Wrightfrequent visitor. The 1874 ranch house is well preserved but now g q threatened. This is a unique historic property in Oro Valley, and it has been well- documented umented throu h contemporary accounts and photographs as well as oral histories. Thero erty is currently in private ownership and rezoning for p p commercial development has been proposed to Oro Valley. If the ranch is conveyed to the Town of Oro Valley, the Bond project will rehabilitate this historic ranch house for modern use. Preserving and restoring this property will provide Oro Valleywith its "foundation site," and enable public access to experience this important historic place from Oro Valleys, frontier era past. Cost: $2,000,000 —with Planning/Design being $177,000; Construction being $600,000; g Right-of-Way being $1,200,000; and "Other" being $23,000. Bond Funding: $2,000,000 Other Funding: None identified at this time. Implementation Period: 1 (fiscal year 2004/05) Project Management: The Town of Oro Valley will negotiate with the property g owner and acquire the property with County Bond funds with coordination with Pima County Cultural Resources and Historic Preservation Office/Pima County Natural Resources, and Parks and Recreation. Future Operating and Maintenance Costs: Undetermined at this time. P g 4.11 Honey Bee Village Site Acquisition Location: Town of Oro Valley along Honeybee Creek east of North Rancho Vistoso Boulevard. Scope: Purchase sufficient acreage to protect the critical areas of the Honeybee Village site that are threatened by planned residential development. Benefit: Honeybee Village is a large prehistoric village located along the drainage of the same name in the Canada del Oro Valley. It is one of a small set of settlements in the region that were settled near the start of the Hohokam Cultural sequence (around AD 450-600) that were continuously occupied up to the thirteenth century. The settlement has a cluster of 19 large mounds that surround a possible plaza, and it has small ballcourt and a walled enclosure that may have enclosed rooms or a special use space near the end of tis occupation. It is estimated that 500 to 800 pit structures are present on the site along with many other cultural features. It is the only such large village site left largely intact within the Town of Oro Valley. Acquisition of the Honeybee Village site will protect critical portions of the site from destruction resulting from planned residential developments and preserve these areas for future generations. Future public benefit for all citizens of Pima County and visitors includes heritage education and scientific research. Cost: $1,000,000 — with Planning/Design being $15,000; Right-of-Way being $975,000; and "Other" being $10,000. Bond Funding: $1,000,000 Other Funding: None identified at this time. Project Duration: Planning at 1 to 6 months and Right-of-Way at 16 to 30 months. Implementation Period: 1 (fiscal year 2004/05) Project Management: The Town of Oro Valley will negotiate with the property owner and acquire the property with County Bond Funds with cooperation with Pima County Cultural Resources and Historic Preservation Office/Pima County Natural Resources, and Parks and Recreation. Future Operating and Maintenance Costs: None. 4.43 Narania Town Site Park Location: 600 Block West Tangerine Road, south side of Tangerine, 1.25 miles west of La Canada Drive. Scope: Acquire 28 acres of private land. Benefit: Acquisition will provide 28 additional acres to the existing 212 acres proposed for the Naranja Town Site Park. The Naranja Town Site has been masterp lanned as a regional park with a broad assortment of recreational and cultural improvements and amenities including baseball, softball, soccer and football fields, tennis center, basketball courts, skateboarding and rollerblading arena, bicycle/motocross track, improved and primitive trails, community center, aquatics center, and performing arts center. The additional land will allow for more trails, open space, expansion of some aforementioned amenities and the opportunity for a new cultural and technology center. The land is also vital for pp Y a primary providingrimary access to the regional park facilities from Tangerine Road. All of these improvements will have regional appeal and use. Cost: $3,000,000 Bond Funding: $3,000,000 Other Funding: None identified as this time. Project Duration: Right-of-Way at 24 months Implementation Period: 1 (fiscal year 2004/05) Project Management: The Town of Oro Valley will acquire the land with County Bond Funds and be responsible for future master planning, development and operational expenses. An intergovernmental agreement is necessary to formalize the timing, release, and conditions of the Bond Funds for the land acquisition. Future Operating and Maintenance Costs: Operating and maintenance costs will be the responsibility of the Town of Oro Valley. 4.45 Oro Valley Public Library Expansion Location: 1305 West Naranja Drive, Oro Valley, Arizona. Scope: The new 25,000 square foot library opened August 2002 with 15,000 square feet of finished space and an additional 10,000 square foot unfinished shell for future expansion. The scope of this project is to finish out the shell. Architectural plans and specifications have been completed. Benefit: Features include an expanded learning center for children, a new state- of-the-art teen zone, a multi-functional program room, new book stacks that will accommodate 30,000 more collections and expanded computer access for all ages. The Oro Valley Public Library is an affiliate of the Tucson Pima Public Library System and is fully integrated with the main library and all branches. This library has become one of the highest used libraries in the system in its first year of use. It has and will continue to have regional appeal and usage. Fulfills the Strategic Plan of the library and the goals of the Library District Plan. Cost: $1,100,000 — with Construction being $710,000; Computers/Technology being $200,000; and Furnishings/Fixtures/Equipment being $190,000. Bond Funding: $1,100,000 Other Funding: Professional services (A & E) will be paid by the Town of Oro Valley. Project Duration: Construction plans and specifications will be ready to bid fiscal year 2004/05 with Procurement at 3 months and Construction at 9 to 15 months. Implementation Period: 1 (fiscal year 2005/06) Project Management: The Town of Oro Valley will provide all project management for design and construction, pursuant to an intergovernmental agreement between Pima County and the Town. Future Operating and Maintenance Costs: All operating and maintenance expenses are to be split 50/50 between the Town of Oro Valley and the County Free Library District, pursuant to an annual intergovernmental agreement.