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**AMENDED 09/13/04, 4:45 P.M. AGENDA ORO VALLEY TOWN COUNCIL REGULAR SESSION SEPTEMBER 15, 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) & (A)(7) Consultation with the Town Attorney legal le al advice and discussion relating to the purchase/lease of real property for Town Facilities 2.**Pursuant to ARS 38-431.03 (A)(4) & (A)(3) Legal Advice and/or pending litigation pertaining to Notice of Claim dated September 10, 2004 regarding La Canada/Lambert Lane Development/Extension of g g Landscape Completion Date (OVI 2-02-06 and 6A) (Beztak Companies) 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 whatY ou wish to discuss when completing the blue speaker card. 1 . CONSENT AGENDA (Consideration and/or possible action) A. Coyote Run Report — August 2004 B. Building Safety Activity Report — August 2004 09/15/04 Agenda, Council Regular Session 2 C. Finance Report for the month ended July 31, 2004 D. Resolution No. (R)04- 90 Authorizing and approving the renewal of the Oro Valley Courtyard Farmers Market Lease and extending the term of the Lease for an additional one year E. Resolution No. (R)04- 91Approving authorization for the Mayor to accept the bid and award of contract to CBJ Asphalt and Concrete Contractors, LLC. in the amount of $152,740.00 for the Town Wide Crack Sealing Project F. Resolution No. (R)04- 92 Acceptance of bid and award of contract to G.H. Garcia Consulting, Inc. in the amount of $28,350.00 for professional appraiser services for the acquisition of property easement for the First Avenue Project: CDO Wash to Tangerine Road G. Resolution No. (R)04- 93 Approving authorization for the Mayor to accept the bid and award of contract to Road Markings, Incorporated in the amount of $72,645.00 for the annual pavement marking project H. Resolution No. (R)04- 94 Renewal of Financial Participation Agreement with Northern Pima County Chamber I. Resolution No. (R)04-95 Renewal of Financial Participation Agreement with Greater Tucson Economic Development (GTEC) through June 30, 2005 J. Resolution No. (R)04-96 Renewal of Financial Participation Agreement with Metropolitan Tucson Convention and Visitor's Bureau (MTCVB) through June 30, 2005 K. OV5-04-04 Approval of public art for the Medical Office Building located at Northwest Medical Center Oro Valley, located on the northwest corner of Innovation Park Drive and Tangerine Road, Parcel 225-02-023A L. Resolution No. (R)04-97 Approval of license agreement with Pima County for pedestrian path adjacent to Steam Pump Village M. Resolution No. (R)04-98 Authorizing the approval of the Pima Association of Governments Agreement for Service for an ongoing Five Year Summer Youth Transportation Art Program 2. PUBLIC HEARING — ORDINANCE NO. (0)04-25 AMENDING THE ZONING FROM C-2 (COMMERCIAL) DISTRICT WITH CONDITIONS THAT RESTRICT RETAIL USES TO C-2 WITHOUT USE RESTRICTIONS, AFFECTING AN APPROXIMATELY 9 ACRE PROPERTY LOCATED AT THE SOUTHWEST CORNER OF ORACLE AND MAG E E ROADS, PARCEL NUMBERS 225-51-3880, 225-51-3890, 225-51-3900, 225-51-3910 AND 225-51-3940 Explanation: Dennis St. John, representing BP Magee LLC requests a rezoning which would remove a September 2, 2003 condition that limited retail use on these five parcels. (Case # OV9-03-05). 09/15/04 Agenda, Council Regular Session 3 3. OV12-04-06 APPROVAL OF A PRELIMINARY PLAT FOR 16 SINGLE FAMILY CUSTOM HOME LOTS, LOCATED 1/8 MILE WEST FROM THE INTERSECTION OF LA CANADA DRIVE AND LAMBERT LANE WITHIN THE EL CONQUISTADOR PLANNED AREA DEVELOPMENT (PAD), PARCEL #224-24-1570 Explanation: CPE Consultants, representing McKesson Corporation, pp requests approval of a preliminary plat for 16 single family custom home q lots located on 9.46 acres. The zoning is Planned Area Development (PAD). 4. PUBLIC HEARING — ORDINANCE NO. (0)04-26 AMENDING SECTIONS 3-1-1 AND 3-1-4 OF THE TOWN CODE BY CHANGING THE APPOINTMENT PROCESS FOR THE OFFICE OF THE TOWN ATTORNEY FROM THE TOWN MANAGER TO THE ORO VALLEY TOWN COUNCIL; REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH; AND PRESERVING THE RIGHTS AND DUTIES THAT HAVE ALREADY MATURED AND PROCEEDINGS THAT HAVE ALREADY BEGUN THEREUNDER 5. DISCUSSION, CONSIDERATION, AND/OR POSSIBLE ACTION REGARDING A TOWN OF ORO VALLEY HOLIDAY PARADE 6. RESOLUTION NO. (R) 04-99 ENCOURAGING SUPPORT OF THE METROPOLITAN EDUCATION COMMISSION'S AD HOC COMMITTEE FOR THE ADEQUATE INFRASTRUCTURE FOR EXISTING AND NEW SCHOOL SITES 7. TOWN OF ORO VALLEY HISTORICAL SITES: MANAGEMENT AND OVERSIGHT REPORT AND RECOMMENDATIONS BY THE PARKS AND RECREATION ADVISORY BOARD 8.** RESOLUTION NO. (R)04- 100 AUTHORIZING THE TOWN ATTORNEY TO FILE A CONDEMNATION ACTION TO ACQUIRE APPROXIMATELY 17 ACRES OF REAL PROPERTY (COMPRISED OF 83 PARCELS) PRESENTLY BEING DEVELOPED BY MONTEREY HOMES THAT LIES NORTHEAST OF VENTANA MEDICAL SYSTEMS COMPLEX IN RANCHO VISTOSO NEIGHBORHOOD 3, PARCEL B, FOR TOWN FACILITIES, AND DECLARING AN EMERGENCY TO EXIST TOWN MANAGER'S REPORT COUNCIL REPORTS DEPARTMENT REPORTS 09/15/04 Agenda, Council Regular Session 4 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 mayask Town Staff to review the matter, ask that the matter be placed on afutureagenda, or respond and to criticism made by speakers. However, the Mayor and Council maynot discuss or take legal action on matters raised during "Call to Audience." In order to speak during "Call to Audience" please specify whatY ou wish to discuss when completing the blue speaker card. ADJOURNMENT POSTED: 09/08/04 AMENDED AGENDA POSTED: 09/13/04 4:30p.m. 4:45 p.m. lh lh When possible, a packetagenda of a enda 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 complies of Oro Valley with the Americans with Disabilities Act (ADA). If any person with a disabilityneeds any type of accommodation, please notify the Town Clerk's Office at 229-4700. 09/15/04 Agenda, Council Regular Session 5 INSTRUCTIONS TO SPEAKERS public of the have the right to speak during any posted public hearing. However, those items not listed as a public hearing are for consideration and action bythe Town Council during the course of their business meeting. Members of the public may be allowed to speak on these topics at the discretion of the Chair. If you wish to address the Town Council on any item(s) on this agenda, please complete speaker card located on the Agenda table at the back of the room p a p and give it to the Town Clerk. Please indicate on the speaker card which item numbertopicyou and wish to speak on, or if you wish to speak during please to Audience", specify what you wish to discuss when completing the blue speaker card. forward to the podium when the Mayor announces the item(s) on the Please step agenda which you are interested in addressing. 1. Please state your name and address for the record. Speak onlyon the issue currently being discussed by Council. Please 2. p organize your speech, you will only be allowed to address the Council l 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. Any 5. member of the public speaking must speak in a courteous and respectful manner to those present. Thank you for your cooperation. AGENDA ORO VALLEY TOWN COUNCIL REGULAR SESSION SEPTEMBER 15, 2004 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 7:00 PM CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE UPCOMING MEETING ANNOUNCEMENTS —TOWN MANAGER The Mayor and Council mayconsider and/or take action on the items listed below: ORDER OF MAYOR WILL REVIEW THE ORDER OF THE MEETING CALL TO AUDIENCE — At this time, any member of the public is allowed to y address the Mayor and Town Council on any issue not listed on today's agenda. Pursuant to the Arizona Open Meeting Law, individual Council Members may ask Town Staff to review the matter, ask that the matter be placed on a future agenda, or respond and to criticism made by speakers. However, the Mayor and Council maynot discuss or take legal action on matters raised during "Call to Audience."e." In order to speak during "Call to Audience" please specify what you wish to discuss when completing the blue speaker card. 1. CONSENT AGENDA (Consideration and/or possible action) A. Coyote Run Report— August 2004 B. Building Safety Activity Report—August 2004 C. Finance Report for the month ended July 31, 2004 D. Resolution tion No. (R)04- 90 Authorizing and approving the renewal of the Oro Valley Courtyard Farmers Market Lease and extending the y term of the Lease for an additional one year E. Resolution No. (R)04- 91Approving authorization for the Mayor to accept the bid and award of contract to CBJ Asphalt and Concrete Contractors, LLC. in the amount of $152,740.00 for the Town Wide Crack Sealing Project F. Resolution No. (R)04- 92 Acceptance of bid and award of contract to G.H. Garcia Consulting, Inc. in the amount of$28,350.00 for professional appraiser services for the acquisition of property ppoad easement for the First Avenue Project: CDO Wash to Tangerine R 09/15/04 Agenda, Council Regular Session 2 G. Resolution No. (R)04- 93 Approving authorization for the Mayor to accept the bid and award of contract to Road Markings, Incorporated in the amount of $72,645.00 for the annual pavement marking project H. Resolution No. (R)04- 94 Renewal of Financial Participation Agreement with Northern Pima County Chamber I. Resolution No. (R)04-95 Renewal of Financial Participation Agreement with Greater Tucson Economic Development (GTEC) through June 30, 2005 J. Resolution No. (R)04-96 Renewal of Financial Participation Agreement with Metropolitan Tucson Convention and Visitor's Bureau (MTCVB) through June 30, 2005 K. OV5-04-04 Approval of public art for the Medical Office Building located at Northwest Medical Center Oro Valley, located on the northwest corner of Innovation Park Drive and Tangerine Road, Parcel 225-02-023A L. Resolution No. (R)04-97 Approval of license agreement with Pima County for pedestrian path adjacent to Steam Pump Village M. Resolution No. (R)04-98 Authorizing the approval of the Pima Association of Governments Agreement for Service for an ongoing Five Year Summer Youth Transportation Art Program 2. PUBLIC HEARING — ORDINANCE NO. (0)04-25 AMENDING THE ZONING FROM C-2 (COMMERCIAL) DISTRICT WITH CONDITIONS THAT RESTRICT RETAIL USES TO C-2 WITHOUT USE RESTRICTIONS, AFFECTING AN APPROXIMATELY 9 ACRE PROPERTY LOCATED AT THE SOUTHWEST CORNER OF ORACLE AND MAG E E ROADS, PARCEL NUMBERS 225-51-3880, 225-51-3890, 225-51-3900, 225-51-3910 AND 225-51-3940 Explanation: Dennis St. John, representing BP Magee LLC requests a rezoning which would remove a September 2, 2003 condition that limited retail use on these five parcels. (Case # OV9-03-05). 3. OV12-04-06 APPROVAL OF A PRELIMINARY PLAT FOR 16 SINGLE FAMILY CUSTOM HOME LOTS, LOCATED 1/8 MILE WEST FROM THE INTERSECTION OF LA CANADA DRIVE AND LAMBERT LANE WITHIN THE EL CONQUISTADOR PLANNED AREA DEVELOPMENT (PAD), PARCEL #224-24-1570 Explanation: CPE Consultants, representing McKesson Corporation, pp requests approval of a preliminary plat for 16 single family custom home q lots located on 9.46 acres. The zoning is Planned Area Development (PAD). 4. PUBLIC HEARING — ORDINANCE NO. (0)04-26 AMENDING SECTIONS 3-1-1 AND 3-1-4 OF THE TOWN CODE BY CHANGING THE APPOINTMENT PROCESS FOR THE OFFICE OF THE TOWN ATTORNEY FROM THE TOWN MANAGER TO THE ORO VALLEY 09/15/04 Agenda, Council Regular Session 3 TOWN COUNCIL; REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH; AND PRESERVING THE RIGHTS AND DUTIES THAT HAVE ALREADY MATURED AND PROCEEDINGS THAT HAVE ALREADY BEGUN THEREUNDER 5. DISCUSSION, CONSIDERATION, AND/OR POSSIBLE ACTION REGARDING A TOWN OF ORO VALLEY HOLIDAY PARADE 6. RESOLUTION NO. (R) 04-99 ENCOURAGING SUPPORT OF THE METROPOLITAN EDUCATION COMMISSION'S AD HOC COMMITTEE FOR THE ADEQUATE INFRASTRUCTURE FOR EXISTING AND NEW SCHOOL SITES 7. TOWN OF ORO VALLEY HISTORICAL SITES: MANAGEMENT AND OVERSIGHT REPORT AND RECOMMENDATIONS BY THE PARKS AND RECREATION ADVISORY BOARD TOWN MANAGER'S REPORT COUNCIL REPORTS DEPARTMENT REPORTS AUDIENCE — At this time, any TO member of the public is allowed to address the Mayor and Town Council on any issue not listed on today's agenda. Pursuant to the Arizona Open Meeting Law, individual Council Members may ask Town Staff to review the matter, ask that the matter be placed on a future agenda, or respond to criticism made by speakers. However, the Mayor and Council may not discuss or take legal action on matters raised during y "Call to Audience." In order to speak during "Call to Audience" please specify whaty ou wish to discuss when completing the blue speaker card. ADJOURNMENT POSTED: 09/08/04 4:30 p.m. Ih Whenp ossible, 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. 09/15/04 Agenda, Council Regular Session 4 INSTRUCTIONS TO SPEAKERS Members of the public have the right to speak during any posted public hearing. However, those items not listed as a public hearing are for consideration and action by the Town Council during the course of their business meeting. Members of the public may be allowed to speak on these topics at the discretion of the Chair. Ify ou wish to address the Town Council on any item(s) on this agenda, please complete a speaker card located on the Agenda table at the back of the room and give it to the Town Clerk. Please indicate on the speaker card which item number and topic you wish to speak on, or if you wish to speak during "Call to Audience", please specify what you wish to discuss when completing the blue speaker card. Please step forward to the podium when the Mayor announces the item(s) on the agenda which you are interested in addressing. 1. Please state your name and address for the record. 2. Speak only on the issue currently being discussed by Council. Please organize your speech, you will only be allowed to address the Council once regarding the topic being discussed. 3. Please limit your comments to 3 minutes. 4. During "Call to Audience" you may address the Council on any issue you wish. 5. Any member of the public speaking must speak in a courteous and respectful manner to those present. 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N - -J —% O CO p 1 j 01 0 00 C1 01 D C -k w :o CO N 0) t31 N -4 0 N 0 CD -p► N -' w O 7 o (n -4 C 1111 II 13C7 au r rn E 11111 11 II z rn 00 Z C II o > r r v_ o > z 0 0-1cn -� < n ..... .....4 rn 111 0 -< --1 all 1111 (,)„7 › 0 _ 0 III III If)0 01 IIIii > 111111 Fa a 01 C- C 0 cnm N O -< C31 GW --% 0 __I CO C0 W - , 0 - 01 CO TOWN OF ORO VALLEY - _:OUNCIL COMMUNICATION MEETING DATE: September 15, 2004 TO: HONORABLE MAYOR& COUNCIL FROM: Joseph Meyer, Management and Budget Analyst p SUBJECT: Finance Report for the Month ended July 31,2004 SUMMARY: ThisReportas presented Finance is for the first month of the new fiscal year. As reflected, revenues are typically lower in the first month due to timing differences and a 30 day lag in collections of revenues sources such as: local sales tax, state stales tax, county auto lieu, interest income, and gas taxes. Grant revenues may the need to collect and process payments for reimbursement by outside agencies. This pattern also lag due to will smooth itself out and the revenue data will become more meaningful after about three months into the new fiscal year. A new section has been added to track and report expenditures for major roadway projects and Pima County bond funds capital projects. GENERAL FUND: General Fund revenue sources reflect collections for licenses and permits, charges for services, and fines. As mentioned above, therelag is a 30 dayin collections for local sales tax, state sales tax, and county auto lieu revenues. General Fund expenditures as a whole are lower than budget for the first month of this fiscal year, of Council. This is due because the amount of$19,580 was paid to The League of Arizona with the exception Cities and Towns and Pima Association of Governments for membership dues in the month of July. Council's expenditure percentage should smooth out as we move through the fiscal year. p p g HIGHWAY FUND lections, no revenue is reflected for Construction Sales Tax and HURF collections. Due to the lag in col WATER UTILITY lower collections than normal due to the accrual of collections from the month of The Water Utility reflects June. Revenue collections will smooth out after the first few months as more collections are recorded. TOWN OF ORO VALLEY 1.:OUNCIL COMMUNICATION PAGE 2 OF 2 ATTACHMENTS: 1. Finance Report July 31, 2004 SUGGESTED MOTION: I move to accept the Finance Report for the month ended July 31, 2004 o - seph Meyer Management and Budget Analyst Z._ '742 a41\s,t, David L. Andrews Finance Director 31'44'1L(A Chuck Sweet Town Manager CC: Chuck Sweet, Town Manager All Department Heads Town of Oro Valley GENERAL FUND Budget Compared to Actuals Report Through July 31,2004 Year Completed 1 of 12 OR 8% 2004/2005 Y-T-D Difference Percentage of Total Budget Actuals Budget to Actuals Budget Completed REVENUES: Local Taxes $ 7,990,000 $ - $ 7,990,000 0.0% Licenses&Permits 2,165,000 163,732 2,001,268 7.6% Federal Grants 594,400 4,250 590,150 0.7% State Grants 108,500 - 108,500 0.0% State Shared 7,110,000 244,682 6,865,318 3.4% Other Intergovernmental 507,000 - 507,000 0.0% Charges for Services 589,100 86,204 502,896 14.6% Fines 200,000 16,465 183,535 8.2% Interest Earnings 165,000 - 165,000 0.0% Miscellaneous 125,000 653 124,347 0.5% Fund Balance Carryforward 7,335,587 - 7,335,587 TOTAL REVENUES '$ 26,889,587 $ 515,986 $ 26,373,601 2.6% ',EXPENDITURES: Town Council $ 189,509 $ 27,485 $ 162,024 14.5% Town Clerk 334,393 15,803 318,590 4.7% Magistrate Court 552,035 30,860 521,175 5.6% Town Manager 402,888 21,449 381,439 5.3% Human Resources 253,163 12,379 240,784 4.9% Economic Development 626,550 10,268 616,283 1.6% Finance 472,603 28,320 444,283 6.0% Information Technology 407,130 15,448 391,682 3.8% Legal 569,504 30,467 539,037 5.3% Community Development Administration 388,315 13,545 374,770 3.5% ',Planning&Zoning 809,407 44,816 764,591 5.5% Parks&Recreation 1,549,008 139,151 1,409,857 9.0% Library Services 967,829 39,922 927,907 4.1% Police 8,888,736 496,774 8,391,962 5.6% Police-Grant Contingency 115,800 - 115,800 0.0% Building Safety 1,249,432 82,482 1,166,950 6.6% Public Works 317,403 17,048 300,355 5.4% Custodial&Facility Maintenance 151,139 2,884 148,255 1.9% General Administration: 1,560,020 8,384 1,551,636 0.5%, Contingency 7,084,723 - 7,084,723 TOTAL EXPENDITURES $ 26,889,587 $ 1,037,484 $ 25,852,103 5.2% REVENUES LESS EXPENDITURES $ (521,498) , UNENCUMBERED BALANCE AT JULY 1,2004* $ 8,981,512 r CURRENT FUND BALANCE $ 8,460,013 *Pre-Audit Figure G:\JOSEPH\Finance Reports 2004-2005\1Q Finance Reports\July 2004-2005 FINANCE REPORT(less monthly) Town of Oro Valley HIGHWAY REVENUE FUND Budget Compared to Actuals Report Through July 31,2004 Year Completed 1 of 12 OR 8% 2004/2005 Y T-D Difference Percentage of I Total Budget Actuals Budget to Actuals Budget Completed REVENUES: Local Sales Tax $ 1,575,000 $ - $ 1,575,000 0.0% Licenses&Permits 25,000 2,870 22,130 11.5% PAG Reimbursements 565,000 - 565,000 0.0% State Shared Fuel Tax 2,555,000 - 2,555,000 0.0% Charges for Service 1,000 74 926 7.4% Interest Income 20,000 - 20,000 0.0% Miscellaneous 2,000 843 1,157 42.2% Fund Balance Carryforward 1,879,272_ - 1,879,272 0.0% TOTAL REVENUES '$ 6,622,272 $ 3,787 $ 6,618,485 0.1%4 EXPENDITURES: Personnel $ 1,543,820 $ 89,869 $ 1,453,951' 5.8% Operations&Maintenance 877,650 15,526 862,124 1.8% Capital Outlay 3,814,620 - 3,814,620 0.0% Contingency 386,182 - 386,182 0.0% TOTAL EXPENDITURES $ 6,622,272 $ 105,396 '$ 6,516,877 1.7% REVENUE LESS EXPENDITURES $ (101,609) UNENCUMBERED BALANCE AT JULY 1,2004* I $ 1,841,583 'CURRENT FUND BALANCE _ $ 1,739,974 *Pre-Audit Figure G:\JOSEPH\Finance Reports 2004-2005\1Q Finance Reports\July 2004-2005 FINANCE REPORT(less monthly) Town of Oro Valley PUBLIC TRANSPORTATION FUND Budget Compared to Actuals Report Through July 31,2004 Year Completed 1 of 12 OR 8% 2004/2005 Y-T-D Difference Percentage of Total Budget Actuals Budget to Actuals Budget Completed REVENUES: 0% Federal&State Grants $ 71,580 $ - $ 71,580 Local Transportation Assistance Funds 192,000 - 192,000 0% Charges for Services 31,500 1,870 29,630 6% g 2,000 - 2,000 0% Interest Income0% Transfer from General Fund 95,998 - 95,998 Donations 100 - 100 0% Fund Balance Carryforward 45,817 - 45,817 0% TOTAL REVENUES $ 438,995 $ 1,870 $ 437,125 0.5% EXPENDITURES: Personnel $ 275,600 $ 16,025 $ 259,575 , 6% Operations&Maintenance 103,395 4,309 99,086 4% p60,000 0% Vehicles 60,000 - - 0% Contingency Fund TOTAL EXPENDITURES $ 438,995 $ 20,334 $ 418,661 4.6% REVENUE LESS EXPENDITURES $ (18,464) UNENCUMBERED FUND BALANCE AT JULY 1,2004* $ 95,908 CURRENT FUND BALANCE _ $ 77,444 "Pre-Audit Figure G:\JOSEPH\Finance Reports 2004-2005\1Q Finance Reports\July 2004-2005 FINANCE REPORT(less monthly) Town of Oro Valley TOWNWIDE ROADWAY DEVELOPMENT IMPACT FEES FUND Budget Compared to Actuals Report Through July 31,2004 Year Completed 1 of 12 OR 8% 2004/2005 Y-T-D Difference Percentage of Total Budget Actuals Budget to Actuals Budget Completed REVENUES: PAG Reimbursements $ 4,489,666 $ - $ 4,489,666 0.0% Development Impact Fees 1,460,000 94,536 1,365,464 6.5% Pima County Bond Proceeds 1,438,000 - 1,438,000 0.0% Miscellaneous 10,000 - 10,000 0.0% Fund Balance Carryforward 5,139,193 - 5,139,193 0.0% TOTAL REVENUES $ 12,536,859 $ 94,536 $ 12,442,323 1.3% EXPENDITURES: Personnel $ 365,795 $ 6,272 $ 359,523 1.7% Operations&Maintenance 62,350 753 61,597 1.2% Capital Improvements 9,381,666 28,641 9,353,025 0.3% Debt Service 19,977 - 19,977 0.0% Transfer to Capital Projects 1,325,000 - 1,325,000 0.0% Contingency 1,382,071 - 1,382,071 0.0% TOTAL EXPENDITURES $ 12,536,859 $ 35,667 $ 12,501,192 0.3% REVENUE LESS EXPENDITURES $ 58,869 UNENCUMBERED BALANCE AT JULY 1,2004* $ 5,763,277 CURRENT FUND BALANCE $ 5,822,146 *Pre-Audit Figure G:\JOSEPH\Finance Reports 2004-2005\1Q Finance Reports\July 2004-2005 FINANCE REPORT(less monthly) Town of Oro Valley ORO VALLEY WATER UTILITY Budgeted Income Statement Through July 31,2004 Year Completed 1 of 12 OR 8% 2004/2005 Y-T-D Difference Percentage of Total Budget Actuals Budget to Actuals Budget Completed OPERATING REVENUES: Water Revenues $ 8,774,100 $ 223,428 $ 8,550,672 2.5% Service Charges&Meter Income&Miscellaneous 982,900 44,040 938,860 4.5% TOTAL REVENUES $ 9,757,000 $ 267,468 $ 9,489,532 2.7% OPERATING EXPENSES: Personnel $ 1,726,184 $ 107,036 $ 1,619,148 6.6% Depreciation&Amortization 1,955,173 12,825 1,942,348 0.7% Operations&Maintenance 3,011,620 144,745 2,866,875 5.0% TOTAL OPERATING EXPENSES 1 $ 6,692,977 $ 264,606 $ 6,428,371 4.0% OPERATING INCOME $ 2,861 NON-OPERATING REVENUES(EXPENSES) Water Connection Fees $ 840,000 $ 80,612 $ 759,388 9.6% Alternative Water Impact Fees 126,000 12,600 113,400 10.0% Interest Income 122,500 - 122,500 0.0% Interest Expense (2,950,444) (287,623) (2,662,821) 9.7% TOTAL NON-OPERATING REVENUES (EXPENSES) $ 4,038,944 $ (194,411) $ 3,658,109 9.4% NET INCOME - $ (191,549) - RETAINED EARNINGS AT July 1, 2004* $ 15,104,162 CURRENT RETAIINED EARNINGS $ 14,912,612 *Pre-Audit Figure G:\JOSEPH\Finance Reports 2004-2005\10 Finance Reports\July 2004-2005 FINANCE REPORT(less monthly) Town of Oro Valley ORO VALLEY WATER UTILITY Capital Budget Through July 31, 2004 Year Completed 1 of 12 OR 8% 2004/2005 Y-T-D Difference Percentage of Total Budget Actuals Budget to Actual Budget Completed CAPITAL BUDGET - Reclaimed Reclaimed Water Booster Stations $ 2,444,100 $ (9,193) $ 2,453,293 -0.4% Reclaim Water-Mains 1 6,869,600 - 6,869,600 0.0% Reclaimed Water-Reserviors 1,453,500 87,327 1,366,173 6.0% Equipment--Reclaimed 206,600 206,600 _ 0.0% Subotal Reclaimed $ 10,973,800 $ 78,134 $ 10,895,666 0.7% All Other Minor Assets $ 12,650 $ - $ 12,650 0.0% Meters 87,000 1,462 85,538+ 1.7% Wells 1,230,600 40,910 1,189,690 3.3% Booster Stations 300,000 - 300,000 0.0% Transmission/Distribution Main 3,734,200 162 3,734,038 0.0% Reserviors 299,500 299,500 0.0% ' -Structures 140,000 - 140,000 0.0% Vehicles 90,000 - 90,000 0.0% Equipment 13,200 - 13,200 0.0% Security Equipment _ 200,000 - 200,000 0.0% Subtotal All Other $ 6,107,150 _$ 42,534 $ 6,064,616 0.7% TOTAL CAPITAL BUDGET $ 17,080,950 $ 120,668 _ $ 16,960,282 0.7% G:\JOSEPH\Finance Reports 2004-2005\10 Finance Reports\July 2004-2005 FINANCE REPORT (less monthly) Town of Oro Valley CAPTIAL IMPROVEMENTS All Funds Through July 31,2004 Year Completed 1 of 12 OR 8% Annual Expenditure YTD 1 Remaining Budget Expenditures Balance PROJECT Roadway Projects: . La Canada Widening:Lambert to Calle Concordia $ 3,989,666 $ - $ 3,989,666 Tangerine Road:First Avenue to La Canada 2,830,000 - 2,830,000 La Canada Drive(Lambert to Calle Concordia) 1,250,000 - 1,250,000 Lambert Lane Safety&Capacity Improvements 487,000 28,641 458,359 La Canada Drive Widening(Naranja to Tangerine) 350,000 - 350,000 La Canada Drive Extension 5,035,000 - 5,035,000 First Avenue Bridge 3,335,000 - 3,335,000 Pusch View/Lambert Lane Ext. 3,400,000 - 3,400,000 CDO Linear Park 1,570,000 46,184 1,523,816 Oracle Road Improvement District _ 5,564,764 - 5,564,764 All Other Projects 475,000 - 475,000 Subtotal Townwide Dev.Imp.Fees Fund $ 28,286,430 $ 74,825 $ 28,211,605 Pima County Bond Projects: Steam Pump Acquisition $ 2,000,000 $ - $ 2,000,000 Honey Bee Village 1,000,000 - 1,000,000 Naranja Town Site 3,000,000 - 3,000,000 Library Construction Fund 1,100,000 - 1,100,000 Subtotal Pima County Bond Projects $ 7,100,000 $ - $ 7,100,000 Total $ 35,386,430 $ 74,825 $ 35,311,605 COUNCIL COMMUNICATION TOWN OF ORO VALLEYMEETING DATE: September 15, 2004 TO: HONORABLE MAYOR &TOWN COUNCIL FROM: Bob Kovitz, Public Information Officer RESOLUTION NO. (R) 04 - 90 ; RENEWAL OF LEASE FOR SUBJ. OPERATION OF THE ORO VALLEY FARMER'S MARKET SUMMARY: On August 20, 2003, the Town Council approved a lease agreement with Maya Tea p Company, LLC for the operation of the Oro Valley Farmer's Market. The term of the initial agreement was for six months. That lease agreement was renewed for an additional six months on March 3, 2004. Based on the success of the Market, the operator has requested a renewal of the original lease agreement when the current agreement expires in October 2004. SUGGESTED MOTION: I move to approve Resolution No. (R) 04 - 90 authorizing the Mayor to execute a renewal of the AgreementMaya with Ma a Tea Company, LLC for operation of the Oro Valley Farmer's Market for a one-year term. ATTACHMENT: No. (R) 04 - 90 the current Lease Agreement with Maya Tea Resolution extending Company, operation for o eration of the Oro Valley Farmer's Market for a one-year term. e 456 ar-fr ,e',/ IP -1 ---Vil Bob ovitz, Public Infor ation Officer J{ 7— Chuck Sweet, Town Manager RESOLUTION NO. (R) 04- 90 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING AND APPROVING THE RENEWAL OF THE ORO VALLEY COURTYARD FARMERS MARKET LEASE (THE "LEASE") AND EXTENDING THE TERM OF THE LEASE FOR AN ADDITIONAL ONE YEAR. a political the Town of Oro Valleyis subdivision of the State of Arizona, and is vested with all rights,hts, p g rivile es benefits and is entitled to the immunities and exemptions granted municipalitiespolitical and subdivisions under the Constitution and laws of the State of Arizona and the United States; and WHEREAS, on August 20, 2003, the Mayor and Town Council entered into the Lease Agreement on a six month trial basis with the Maya Tea Company L.L.C. for the purpose of allowing a Farmers Market to take place on Town property; and WHEREAS, on March 3, 2004 the Lease Agreement was extended for an additional six months based on the success of the Farmers Market; and Maya Tea Company L.L.C. and the Town wish to renew the Lease Agreement and WHEREAS, y p y extend the termination date from six (6) months to one (1) year from signing the Lease Agreement. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Arizona, authorizingthe renewal of a Lease Agreement between the Oro Valley Valley, Courtyard Farmers Market and the Town, attached hereto as Exhibit A, and extending the term of the Lease from six(6) months to one (1)year. PASSED AND ADOPTED bythe Mayor and Town Council of the Town of Oro Valley, Arizona this 15th day of S e p t emb e r , 2004. TOWN OF ORO VALLEY ATTEST: Paul H. Loomis, Mayor Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Mark J. Langlitz, Town Attorney Office of the Oro Valley Town Attorney/ca/080604 F:VtesolutionsWarmers Market Lease.doc EXHIBIT A THE ORO VALLEY COURTYARD FARMERS MARKET LEASE F:\Resolutions\Farmers Market Lease.doe Office of the Oro Valley Town Attorney/ca/080604 ORO VALLEY COURTYARD FARMERS MARKET LEASE This Lease entered into this 15th day of Septemberby and between the Town of Oro Valley (the "Town") an Arizona Municipal Corporation, and Maya Tea Company, L.L.C. located at 11 ("Lessee,") for use of the Town Courtyard (the "Courtyard") ,000 North La Canada Drive, Oro Valley, Arizona 85737. 1) Premises Town hereby leases to the Lessee, and the Lessee hereby leases from the Town, the Town Courtyard ("Courtyard") as more fully described in Exhibit "A," and incorporated herein by this reference. 2) Representatives: For the purpose of efficient administration of this Lease the representative of the Town shall be the Town Manager or his designee, and the representative of Lessee shall be Maya Tea Company, L.L.C. 3) Use: Lessee shall use the premises solely for the purpose of a "Farmers Market." 4) Term and Frequency: Except as provided in Section 28, Lessee is to have and to hold the above-described each Saturday of each month commencing no later than and terminating one (1) year from that date. Lessee shall not begin setup before 6:30 AM and shall not begin operations before 8:00 AM. Removal of all booths, appurtenances and facilities etc. permitted to be installed shall be completed by 2:00 PM. The frequency of the Farmers Market may be amended only by written amendment as agreed to by and between the Representatives. 5) Qualified Vendor: Producers of food products on agricultural lands, farms and gardens are qualified vendors with or without an Oro Valley Business License. Resellers of food products from agricultural lands, farms and gardens are only qualified vendors once they have obtained a valid Oro Valley Business License. A. "Producer" includes owners, proprietors or tenants of agricultural lands, orchards, farms and gardens whereon food products are grown, raised or prepared for market. B. "Food products" include every product of the soil in its natural or manufactured state, and swine, fowls, eggs and milk and the products thereof. 6) Exclusivity of Vendor: Lessee shall permit all vendors to participate in the Farmers Market on a non-exclusive first come first serve basis based on criteria to be approved by the Town Manager or his designee. 7) Vendor Spaces: Lessee shall not permit a vendor to affix or anchor anything to Town property. All vendor equipment shall be freestanding. 8) Services: Town agrees to provide electricity, water and restroom facilities for each Farmers Market event on an as needed basis. Lessee agrees to furnish, for each Farmers Market event, normal janitorial and trash removal service for all leased facilities and grounds including the restrooms, and to return all leased facilities and grounds to the same condition of cleanliness that the facilities were found in prior to the Farmers Market. 9) Rental Rate: The Rental Rate shall be 20% of all space rent received by Lessee for each space rental. 10) Rent: Lessee shall pay, without demand, together with any and all sales, use and state taxes arising or accruing during the term of the leasehold in the following basis: The Lessee hereby covenants and agrees to pay the Rental Rate, or such higher rentals as shall be approved by the Town Council on or before the last Monday of each month; provided, however, that Lessee's obligation with respect to such higher rentals shall be limited to an increase of twelve per cent (12%) of the Town's portion of the rent over the rentals or Lessee's previous year's rental rate, based on same number of days usage, whichever is greater. 11) Deposit Due: A damage deposit of$1000 shall be deposited by Lessee with the Town to cover damage caused to Town property resulting from the existence, and operation of the Farmers Market. This damage deposit in no way limits Lessee's responsibility to pay for any and all damage to Town property resulting from this Lease. Rent shall be paid to: The Town of Oro Valley. Lessee also covenants and agrees to pay interest at the rate of eighteen (18%) percent per annum for any payment of rent due and payable and not received by Town on or before thirty (30) days from due date. Time is of the essence in this Lease. 12) Final Balance: Shall be due upon completion of the final event and payable at scheduled settlement with the Town Finance Department. 13) Liquidated Damages: If Lessee cancels any event or significantly reduces the space reservation covered by this Lease, Lessee agrees to pay to Town the following amounts as liquidated damages and not as a penalty, and the parties agree that such amounts constitute reasonable provision for liquidated damages: A. If Lessee cancels more than two (2) farmers market events within a calendar year, Lessee shall forfeit ten percent (10%) of the Damage deposit provided in Section 12 of this Lease. B. If Lessee cancels more than four (4) farmers market events within a calendar year, Lessee shall forfeit twenty percent (20%) of the Damage deposit provided in Section 12 of this Lease. C. If Lessee cancels more than six (6) farmers market events within a calendar year, Lessee shall forfeit forty percent (40%) of the Damage deposit provided in Section 12 of this Lease. 14) Notices: For purposes of notice or demand, the respective parties shall be F:\Agmts&Contracts\Farmers Market Lease\farmers market Lease 2004-2005.doc 2 served by certified or registered mail, return receipt requested, at the following addresses. Town: Town Manager 11,000 N. La Canada Drive Oro Valley, Arizona 85737 Cc: Town Attorney 11,000 N. La Canada Drive Oro Valley, Arizona 85737 Lessee: Maya Tea Company, L.L.C. 225 W. Flores Street Tucson, Arizona 85705 15) Exculpation and Indemnification Clause: The Lessee hereby indemnifies, defends, and holds harmless the Town of Oro Valley, its agents, representatives, officers, directors, officials and employees from and against all claims, damages, losses and expenses (including but not limited to attorney fees, court costs, and the cost of appellate proceedings), relating to, arising out of, or alleged to have resulted from the negligent acts, errors, mistakes, omissions in the work or services of the Lessee, the Lessee's employees, or the Lessee's agents. The duty to indemnify, defend, and hold harmless the Town, its agents, representatives, officers, directors, officials and employees shall arise in connection with any claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property, caused by any negligent acts, errors, mistakes, omissions in the work or services of the Lessee offered through the Town of Oro Valley, Oro Valley, Arizona, including any employee or agent of the Lessee or any other person for whose negligent acts, errors, mistakes, omissions in the work or services that the Instructor may be legally liable. All agreements and understandings between the parties hereto are embodied and expressed herein and the terms of this Indemnification are contractual and not a mere recital. 16) Ordinances and Regulations: Lessee shall comply with all applicable laws, statutes and ordinances and all rules and requirements of the Town. Lessee shall not admit to the premises a larger number of persons than the total number designated by the Town Manager or his designee as the capacity or the number that can safely and freely move about. 17) Alcoholic Beverages: No alcoholic beverages shall be allowed on and/or served on Town Property. 18) Musical Performance: The volume of any musical performances, live or played back from recorded media, shall be controlled by Lessee in such a manner that it does not intrude into abutting residential areas F:\Agmts&Contracts\Farmers Market Lease\farmers market Lease 2004-2005.doc 3 19) Responsibility for Damage: If the leased premises or any portion thereof, or any structure attached thereto, or any equipment, fixture, or other item contained shall be destroyed, damaged, marred, altered, or physically changed during the term in any manner whatsoever, then Lessee shall be responsible. Lessee is to properly care for all equipment entrusted to Lessee during the term of this Lease and all such equipment so entrusted which is lost, stolen, or disappears shall be the sole responsibility of Lessee and Lessee shall pay the full replacement cost thereof to Town. 20) Articles Left on Premises: Any article remaining on the leased premises left, lost or checked by persons attending the farmers market shall be collectible solely by Town. 21) Signs: Lessee, its agents, exhibitors, et al., shall only post signs as permitted by the Oro Valley Sign Code. 22) Town and Charitable Participation: a. Town reserves, and at all times shall have the sole right to sell or participate in any Farmers Market for the purpose of promoting the Town and/or Town activities. b. Lessee shall provide one vendor booth without cost for use by the Greater Oro Valley Arts Council each week that the Market is held. c. Lessee shall reserve a minimum of one booth or 10% of the number of vendor booths for any given Market event, whichever is greater, for qualified civic and not-for-profit organizations. The Town Manager shall determine whether a civic and/or not-for-profit organization is qualified. All federal, state, and local laws and/or regulations related to copyright, trademarks, etc., must be complied with by the Lessee and all exhibitors selling such items on the premises. Further, the Lessee agrees to indemnify and completely hold harmless the Town, and to pay all costs related to any violation of the above. 23) Use of Machinery: Lessee shall not, without the written consent of Town, put up or operate any engine or motor or machinery on the premises or use oils, burning fluids, camphene, kerosene, naphtha or gasoline for either mechanical or other purposes or any other agent than gas or electricity for illuminating the premises. All decorative materials must be flameproof before the same will be allowed and should have written verification of such flameproof treatment or qualities. 24) Traffic Control: Lessee shall be responsible for any and all necessary traffic control measures for the Market. In the event the Town Manager or his designee determines that additional traffic control is necessary, Lessee shall utilize qualified traffic control professionals. F:\Agmts&Contracts\Farmers Market Lease\farmers market Lease 2004-2005.doc 4 25) Assignment and Subletting: Lessee shall have no right to assign or sublet this Lease without the prior written consent of Town. The criteria for approving such an assignment or subletting includes: (a) net worth; (b) industry reputation of assignee or sublessee; (c) experience; (d) business reputation; and (e) any and all other criteria that Town shall find relevant. The terms assignment or subletting as used in this lease, shall include any and all transfers of Lessee's interest in this Lease whether voluntary or involuntary, including any lien upon Lessee's interest, or any transfer by Lessee, any assignee or sublessee, heir, personal representative, or successor of Lessee, or by any receiver or trustee with jurisdiction over Lessee, a subsequent assignee or sublessee or its property. 26) Default and Town's Remedies: Default shall be defined as the untimely performance of any and all clauses in this Lease. The Town may exercise any and all of the remedies herein enumerated or permitted by law. Default may include: a. Failure to pay any rent payment or any portion thereof within ten (10) days of due date; b. Abandonment of the leased premises, whether partial or total; c. Failure to carry insurance as outlined in Paragraph #27; d. Any and all checks given by the Lessee returned for insufficient funds or N.S.F; and. e. Any other event which the Town deems to be a material default; furthermore: Town may exercise any or all remedies enumerated or permitted by law. Town may hold a landlord's lien on any and all personalty when Lessee is in default and Lessee expressly gives Town permission to remove and store at Lessee's expense, any personalty abandoned on the demised premises. The Lessee shall pay upon demand all the Town's legal costs, charges and expenses, including the fees of counsel, and costs of appeal, staff and leasing agents retained by the Town, incurred in enforcing the Lessee's obligations hereunder or incurred by the Town in any litigation, negotiation or transaction in which the Lessee causes the Town to become involved or concerned. Town may resort to any one or more of such remedies or rights, and adoption of one or more such remedies or rights, shall not necessarily prevent the enforcement of other remedies or rights concurrently or thereafter. 27) Insurance: As additional consideration over and above the rental payments made by Lessee herein, Lessee shall, at its own expense, comply with all of the following insurance requirements of the Town. It is agreed by the parties that the F:\Agmts&Contracts\Farmers Market Lease\farmers market Lease 2004-2005.doc 5 Lessee shall not occupy the premises until proof of the following insurance coverage has been furnished to the Town. a. Commercial general liability insurance, on an occurrence form, in the amount of One Million ($1,000,000.00) Dollars per occurrence for bodily injury, death, property damage, and personal injury. The policy must include coverage for premises operations, blanket contractual liability (to cover indemnification section), products, completed operations and independent contractors. These policies must name the Town as additional insured. b. Automobile liability insurance in the amount of One Million ($1,000,000.00) Dollars per occurrence to provide coverage for any owned and non-owned vehicles used by the Lessee on the Facility premises, including loading and unloading hazards. This must name the Town as additional insured. c. Workers' compensation and employer's liability coverage as required by Arizona Statute. The Town requires evidence of this coverage. d. It is understood and agreed that all coverage provided by the Lessee are primary to any insurance or self-insurance program the Town has that covers the Courtyard and the Lessee and their insurance shall have no right of recovery or subrogation against the Town. e. All policies must be issued by companies authorized to do business in the State of Arizona and assigned a rating of A:X or better, per Best's Key Rating Guide, latest edition. f. The Town must receive thirty (30) days written notice prior to any cancellation, non-renewal or material change to the required insurance policies. This written notice must be sent to the Town. g. Evidence of the required insurance policies must be provided to the Town by submission of an original certificate of insurance thirty (30) days subsequent to the execution of this lease. h. Alternate coverage to satisfy these requirements is subject to prior approval of the Town's Risk Manager. Additional insurance coverage, as determined by the Town's Risk Manager, may be required for this lease. 28) Venue Relocation, Cancellation or Modification: Town reserves the right after the execution or during the term of this Lease, at the Lessee's cost and expense, to modify any individual Market date and/or duration, cancel any individual Market date at any time, or remove the Lessee from the premises and relocate Lessee in some other space of Town's choosing of approximately the same dimensions and size. If Lessee is removed and relocated in other space, Lessee, by the execution of this Lease, acknowledges the foregoing right of Town, and no rights herein granted to Lessee, including but not limited to the right of peaceful and quiet enjoyment, shall be deemed or construed to have been breached or interfered with by reason of Town's exercise of the rights herein reserved in this F:\Agmts&Contracts\Farmers Market Lease\farmers market Lease 2004-2005.doc 6 Paragraph. Notice of relocation or modification as provided in this section shall be given at least 7 days in advance. 29) Termination: Either party may terminate this lease, with or without cause, with three weeks notice to the other party. 30) Administrative Charges: In the event any check, bank draft or negotiable instrument given for any money payment hereunder shall be dishonored at any time and from time to time, for any reason whatsoever not attributable to Town, Town shall be entitled, in addition to any other remedy that may be available, to make an administrative charge of Twenty ($20.00) Dollars for each such check. 31) Delay of Possession: In the event Town is unable to tender possession of the leased premises because of the unauthorized holding over of any tenant or tenants or due to delays in construction or any other reason, as long as such inability continues, a per diem abatement of the rent shall be allowed to Lessee but nothing shall operate to extend the term of this Lease beyond the original expiration date and said abatement of rent shall be the total limit of liability of Town to Lessee for any losses or damages incurred by Lessee due or related to such delay in obtaining possession of the leased premises. The computation of the per diem abatement in the rent is deemed to be the liquidated and agreed damages for any delay in possession. 32) Portions of Town's Courtyard Not Demised: Lessee understands and agrees that during the terms of this Lease, Town may use or cause to be used for conventions, expositions, attractions, or for any legal purpose whatsoever, any portion of Town's Courtyard not demised to Lessee. Town shall not be responsible for any actions of any other user of the Courtyard. 33) Market Plan and Review: Lessee shall provide the Town with a Market Plan, within 30 days of the execution of this Lease to be reviewed by the Town Building Official and Town Fire Marshal and other applicable Town departments to ensure compliance with the Town's safety requirements attached hereto as Exhibit "A" and incorporated herein by this reference. The Market Plan shall contain a dimensioned site plan indicating the layout of the Town Courtyard to include the following: a. Estimated parking to be used by patrons and vendors. b. Additional security and maintenance measures and traffic control to be employed. c. The location of any and all temporary structures. d. Engineering design and erection details for temporary structures (if any). e. A floor plan defining the means of egress and the occupant load f. Applicable electrical plans showing the location and size of electrical service, location of generator (if any), all electrical equipment, appliances and lighting fixtures, type of wiring used and wiring methods. F:\Agmts&Contracts\Farmers Market Lease\farmers market Lease 2004-2005.doc 7 The Town hereby reserves the right, by written notice to Lessee within ten (10) days of receipt of the Market Plan, to require Lessee to make such changes, deletions and additions in the Market Plan and the operation policies described therein as the Town may deem reasonably necessary or desirable to the safe and efficient operation of the Town Courtyard. Failure by Lessee to make any such reasonable changes, deletions or additions requested by the Town within ten (10) days after receipt of notice thereof shall constitute a default or Town may deny possession to the Lessee. 34) Audits: Lessee shall make available to Town Finance Department, upon request, all records and books related to this Lease at such time and place as shall be designated by Town for examination thereof for the purpose of an audit to be performed by an auditor designated by Town. Lessee shall inform all services retained by it to provide services in connection with Lessee's Lease of Town's premises pursuant to this Lease, that they must also agree to the aforesaid provision relating to audit upon request of Town. 35) Town's Employees and Agents: Town will not furnish any auxiliary personnel unless otherwise expressly provided for herein under Paragraph #3. 36) Emergency Powers to Vacate Premises: The Town may order evacuation of all or any portion of the leased premises, or cause to be removed therefrom any person or group of persons, any materials, equipment or other items if, in its judgment, circumstances of a dangerous or unusual nature have occurred, or the Town reasonably believes are about to occur, and such action is necessary to secure the safety and welfare of persons and/or property, and Lessee waives any right and/or claim for damages against Town, its agents or servants, in such eventuality. 37) Town Access: The Town's designated representative shall have available to at all times, total and complete access to all portions of the leased premises. 38) Town Manager's Discretion: Any matter not expressly provided for herein shall be within the reasonable discretion of the Town Manager. 39) Miscellaneous: a. All legal proceedings arising from this Lease shall be in the courts situated in Pima County, Arizona. b. If any section, subsection, clause or provision of this Lease is held invalid, the remainder shall not be affected by such invalidity. c. This Lease may only be altered, changed or amended by an instrument in writing signed by both parties hereto. d. No waiver of any covenant or condition of this Lease by either party shall be deemed to imply or constitute a further waiver of the same covenant or condition or any other covenant or condition of this Lease. F:\Agmts&Contracts\Farmers Market Lease\farmers market Lease 2004-2005.doc 8 e. This Lease contains and embodies the entire Lease of the parties hereto and no representations, inducements or agreements, oral or otherwise, between the parties not contained and embodied herein shall be of any force and effect. f. In any conflict between the Lease and other written provisions, the Lease shall prevail. g. The Lessee acknowledges and understands that this contract in no way affords any rights and does not authorize any signage to be placed outside the boundaries of the Town property. h. The Lessee must obtain all appropriate permits and licenses for off-site signage from the Town. 40) This Lease is subject to the provisions of A.R.S. § 38-511 which provides in pertinent part that the state, its political subdivisions or any department of either may, within three years after its execution, cancel any contract, without penalty or further obligation, made by the state, its political subdivisions, or any of the departments or agencies of either if any person significantly involved in initiating, negotiating, securing, drafting or creating the Lease on behalf of the state, its political subdivisions or any of the departments or agencies of either is, at any time, while the Lease or any extension of the Lease is in effect, an employee or agent of any other party to the Lease in any capacity or a Contractor to any other party to the Lease with respect to the subject matter of the Lease. 41) Force Majeure. Except for payment for sums due, neither party shall be liable to the other nor deemed in default under this Agreement if and to the extent that such party's performance of this Agreement is prevented by reason of force majeure. The term "force majeure" means an occurrence that is beyond the control of the party affected and occurs without its fault or negligence. Without limiting the foregoing, force majeure includes acts of God: acts of the public enemy; war; riots; strikes; mobilization; labor disputes; civil disorders; fire; floods; lockouts; injunctions-interventions-acts, or failures or refusals to act by government authority; and other similar occurrences beyond the control of the party declaring force majeure which such party is unable to prevent by exercising reasonable diligence. The force majeure shall be deemed to commence when the party declaring force majeure notifies the other party of the existence of the force majeure and shall be deemed to continue as long as the results or effects of the force majeure prevent the party from resuming performance in accordance with this Agreement. F:\Agmts&Contracts\Farmers Market Lease\farmers market Lease 2004-2005.doc 9 Lessor Lessee The Town of Oro Valley, an Arizona Maya Tea Company, L.L.C. Arizona Municipal Corporation By: By: Paul H. Loomis, Mayor Its: Date: Date: ATTEST: Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Mark Langlitz, Town Attorney STATE OF ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2004, by as the authorized representative of Maya Tea Company, L.L.C. Notary Public My Commission Expires: F:\Agmts&Contracts\Farmers Market Lease\farmers market Lease 2004-2005.doc 10 . E TOWN OF ORO VALLEY - - COUNCIL COMMUNICATION MEETING DATE: September 15, 2004 TO: HONORABLE MAYOR & COUNCIL FROM: Jim Hossley Operations Division Manager SUBJECT: Resolution No. (R) 04- 91 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 of contract to CBJ Asphalt and Concrete Contractors, LLC. for the Town Wide Crack Sealing Project. BACKGROUND: This project (Project No. OV 30-03/04-15 Town Wide Crack Seal Project) is to provide crack sealing for all public streets in the Town of Oro Valley, approximately 295 lane miles. The contractor will clean cracks and rout cracks as necessary prior to crack sealing. The contractor will also supply all traffic control for the project. In response to the advertisement for bids, the Town received 2 complete bid proposals. The bid proposals were opened by Town staff at 10:00 A.M. on August 24, 2004. The following is a summary of the bids received along with the engineer's estimate: 1. CBJ Contractors, LLC $ 152,740.00 2. Southern Arizona Paving $ 162,205.00 Engineer's estimate $ 164,620.00 ATTACHMENTS: 1. Resolution (R) 04-91 FISCAL IMPACT: The Town's Highway User Funds have been designated for this project 1 TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 RECOMMENDATIONS: Public Works staff recommends the awarding of this contract to CBJ Asphalt and Concrete Contractors, LLC. through the adoption of the attached resolution. SUGGESTED MOTION: The Town Council may wish to consider one of the following motions: I move to approve Resolution Number (R) 04 -91 . Or I move to deny approval of Resolution Number (R) 04-91, \''\‘- (-1--:' L(A--:---' , , William A. Jansen, P`:� wn Engineer / I 4 ;v. Chuck Sweet, Town Manager RESOLUTION NO. (R) 04- 91 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 OF CONTRACT TO CBJ ASPHALT AND CONCRETE CONTRACTORS, LLC. FOR THE TOWN WIDE CRACK SEALING PROJECT. WHEREAS, the crack sealing of all Town streets in order to preserve public infrastructure and provide for the safe, effective movement of vehicular traffic is necessary for the public health, safety, and welfare; 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 CBJ Asphalt and Concrete Contractors, LLC. for the Town Wide Crack Sealing Project to rout cracks as necessary; clean all cracks; apply elastic polymer modified asphalt or asphalt rubber sealant to all cracks; and other incidental work. THEREFORE, BE IT RESOLVED, BY THE MAYOR AND THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA: That Mayor is authorized to accept the bids and award the contract to CBJ Asphalt and Concrete Contractors, LLC. for the Town Wide Crack Sealing Project to rout cracks as necessary; clean all cracks; apply elastic polymer modified asphalt or asphalt rubber sealant to all cracks; and other incidental work. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 15tIday of September2004. 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: September 15, 2004 TO: HONORABLE MAYOR & COUNCIL FROM: José Rodriguez, P.E, Engineering Division Manager SUBJECT: Resolution (R) 04- 92 Acceptance of bid and award of contract to G. H. Garcia Consulting, Inc. for professional services for the acquisition of property easements for the First Avenue Project. SUMMARY: In order to gain access and begin construction of the First Avenue Project, various property easements located within the project are needed. They include right of way, temporary construction easements, slope easements, and drainage easements. Before these easement can be acquired appraisals of each property are required. Included will be reports supporting factual data and analyses to substantiate the opinions of value. G. H. ler Garcia has submitted a proposal for the appraisals and acquisitions for a total amount of $28,350. Attached is the proposal from G. H. Garcia dated August 17, 2004 to prepare the property appraisals and the acquisition of the needed right-of-way or easements. The proposal lists the fee to prepare the individual property appraisal report (appraisal fee) and the fee to handle the acquisition and recording of the acquired property or easement (acquisition fee). ATTACHMENTS: 1. Resolution (R) 04—92 2. G. H. Garcia proposal dated August 17, 2004. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 FISCAL IMPACT: The funding for this project will be from Town Development Impact fees. RECOMMENDATION: Public Works staff recommends the award of this contract to G. H. Garcia Consulting, 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) 04-92 OR I move to deny Resolution (R) 04- 92 Joe Rodx'• .4.E Engineering Div Manager f Lit) 41, Willi. J.nsen, P.' own Engineer A V dor Chuck Sweet, own Manager RESOLUTION NO. (R) 04- 92 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, RECOMMENDING AWARD OF CONTRACT TO G. H. GARCIA CONSULTING, INC. FOR PROFESSIONAL APPRAISER SERVICES FOR THE ACQUISITION OF PROPERY EASEMENT FOR THE FIRST AVENUE PROJECT: CDO WASH TO TANGERINE ROAD. WHEREAS, the construction of roadway improvements within the Town's Right of Way is necessary to the public health, safety, and welfare in order to provide for the safe and effective movement of vehicular, pedestrian traffic and reduce flooding. 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 G. H. Garcia Consulting, Inc. for professional services for the acquisition of property easements for the First Avenue Project: CDO Wash to Tangerine Road. THEREFORE, BE IT RESOLVED, BY THE MAYOR AND THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA: That the Mayor is authorized to contract with G. H. Garcia Consulting, Inc. for professional services for the acquisition of property easements for the First Avenue Project: CDO Wash to Tangerine Road. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 15thday of Septembei2004. Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Mark Langlitz,Town Attorney Date Date G.H. GARCIA CONSULTING, INC. Real Estate Appraisers Right of Way Acquisitions and Relocations 3444 N. Country Club Rd., Suite 100 Tucson,AZ 85716 Telephone: (520) 326-2200 Facsimile: (520) 326-0773 August 17, 2004 Mr Jose Rodriguez PE Dept of Public Works 11000 La Canada Drive Oro Valley AZ 85737 Re: First Avenue and Lambert Lane appraisals and acquisitions Dear Jose: In accordance with your request,I would be pleased to prepare complete appraisals in self-contained reports estimating the current market value of the following properties: TAX CODE APPRAISAL FEE ACQUISITION FEE TOTAL FEE 220-09-0160 $1,800.00 $600.00 $2,400.00 224-29-0100 $850.00 $300.00 $1,150.00 224-29-0020 N/A $250.00 $250.00 224-02-0400 $850.00 $300.00 $1,150.00 224-02-0390 $850.00 $400.00 $1,250.00 224-02-0380 $850.00 $600.00 $1,450.00 224-02-0370 N/A $250.00 $250.00 224-02-0360 N/A $250.00 $250.00 224-02-0350, - $1,500.00 $800.00 $2,300.00 0330,-0340 �. 224-02-1120 $850.00 $400.00 $1,250.00 224-02-1110 $850.00 $300.00 $1,150.00 Page 2 TAX CODE APPRAISAL FEE ACQUISITION FEE TOTAL FEE 224-02-0540 $850.00 $300.00 $1,150.00 224-02-0530 N/A $250.00 $250.00 224-02-0520 N/A $250.00 $250.00 224-02-0510 $850.00 $300.00 $1,150.00 224-02-0500 $850.00 $300.00 $1,150.00 224-02-1700 $850.00 $400.00 $1,250.00 220-06-001D $5,000.00 $2,500.00 $7,500.00 220-06-001C $1,800.00 $1,000.00 $2,800.00 TOTALS $18,600.00 $9,750.00 $28,350.00 The reports will contain supporting factual data and analyses to substantiate the opinions of value. A description of the neighborhood,pertinent exhibits and photographs of the properties also will be included. You will receive three copies of each report. The fees for the appraisals are based on the complexity of each property and the number of easements to be valued. The fees for the acquisitions are based on the number of easements sought. The completed reports will be in your hands three to six months from the date of your authorization. If the fee and turn-around time are acceptable, please let me know as soon as possible. Thank you. Sincere , G'OR y' H. GARCIA C RTIFIED GENERAL REAL ESTATE APPRAISER CERTIFICATE #30297 GHG: bb _. G TOWN OF ORO VALLEY --- COUNCIL COMMUNICATION MEETING DATE: September 15, 2004 TO: HONORABLE MAYOR & COUNCIL FROM: Jim Hossley Operations Division Manager SUBJECT: Resolution No. (R) 04- 93 , 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 of contract to Road Markings, Incorporated for the Annual Pavement Marking Project. BACKGROUND: This project (Project No. OV 30-03/04-07 Annual Pavement marking Project) is to provide pavement marking stripes using waterborne paint on public arterial and collector streets throughout the Town. The contractor will also supply all traffic control for the project. Contractors were also requested to bid on mobilization costs for up to four (4) as needed urgent special projects should the Town require such services through the remainder of the fiscal year. Contractors were also requested to bid the cost to obliterate striping (per linear foot) and to install raised pavement markers as needed. The contract also provides for a $5000 force account for special striping projects that might arise over the remainder of the fiscal year. No response was received for the first advertisement for bids. In response to the second advertisement for bids, the Town received one complete bid proposal. The bid proposal was opened by Town staff at 10:00 A.M. on September 7, 2004. The following is a summary of the bids received which include all the items mentioned above. The engineer's estimate is also included: 1. Road Markings, Inc. $ 72,645.00 Engineer's estimate $ 68,000.00 ATTACHMENTS: 1. Resolution (R) 04-93 TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 FISCAL IMPACT: The Town's Highway User Funds have been designated for this project RECOMMENDATIONS: Public Works staff recommends awarding this contract to Road Markings, Incorporated through the adoption of the attached resolution. SUGGESTED MOTION: The Town Council may wish to consider one of the following motions: I move to approve Resolution Number (R) 04 93 Or I move to deny approval of Resolution Number (R) 04 93 , 7k; William A. Jansen, PAL Town Engineer Chuck Sweet, Town Manager RESOLUTION NO. (R) 04- 93 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 OF CONTRACT TO ROAD MARKINGS, INCORPORATED FOR THE ANNUAL PAVEMENT MARKING PROJECT. WHEREAS, the pavement marking of all Town streets in order to preserve andp rovide for the safe, effective movement of vehicular traffic is necessary for the public health, safety, and welfare; 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 Road Markings, Incorporated for the Annual Pavement Marking Project to apply waterborne paint striping to Town wide arterial and collector streets and provide other incidental work items as necessary. THEREFORE, BE IT RESOLVED, BY THE MAYOR AND THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA: That Mayor is authorized to accept the bids and award the contract to Road Markings, Incorporated for the Annual Pavement Marking Project to apply I water borne paint striping to Town wide arterial and collector streets and provide other incidental work items as necessary. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 15ttday ofseptembeT 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 R t TOWN OF ORO VALLEY DUNCIL COMMUNICATION MEETING DATE: September 15, 2004 TO: HONORABLE MAYOR& COUNCIL FROM: Jeffrey H. Weir, Economic Development Administrator • Resolution No. (R) 04 -94 , Consideration and Approval of and modification to the SUBJECT. FinancialParticipationAgreement A reement with the Chamber Serving Northern Pima County. SUMMARY: The item before you modifies the existing financial participation agreement between the Town and the Chamber. adjust The modifications adjust the contract terms to the 2004 - 2005 Fiscal Year basis. The following individualsmay be present this evening to answer any questions concerning the FPA the Council may have: Ms. Jerry Hoy, Chamber President Mr. Jerry Bustamante, Executive Director ATTACHMENTS: Resolution No. (R) 04 - 94 Financial Participation Agreement with the Chamber Serving Northern Pima County. FISCAL IMPACT: Funding for the July1, 2004 through June 30, 2005 FPA will be $ 27,500. RECOMMENDATION: Staff recommends approval of the Financial Participation Agreement with the Chamber. SUGGESTED MOTION: approve Resolution No. (R) 04 -94 executing a Financial Participation Agreement between the I move to Valley and the Chamber ServingNorthern Pima County Town of Oro Va y I Jeffr H. Weir, CEcD Economic Development Administrator // V Chuck Sweet Town Manager RESOLUTION NO. (R) 04-94 A RESOLUTION OF THE TOWN OF ORO VALLEY, ARIZONA, APPROVING FINANCIAL PARTICIPATION AGREEMENT BETWEEN THE CHAMBER SERVING NORTHERN PIMA COUNTY AND THE TOWN OF ORO VALLEY WHEREAS, it has been determined that the activities of the Chamber Serving Northern Pima County ("Chamber") are in the public interest, and are such as to improve and promote the public welfare of the Town; and WHEREAS, the Mayor and Council have determined that to financially participate in thep romotion of the activities of the Chamber is a public purpose in that the activities confer direct benefit of a general character to a significant part of the public; and WHEREAS, the Town desires to promote a business environment in Oro Valley that enhances economic vitality and improves the quality of life for its citizenry; and WHEREAS, it is the intent of the Town, subject to the provisions of state budget law, to provide funding to the Chamber as set forth herein; and WHEREAS, the Town and the Chamber desire to establish a general framework for cooperative efforts, especially the general procedures by which the Chamber will assist and carry out residential relocation, tourism promotion, business retention and business recruitment. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona, authorizing the approval of the Financial Participation Agreement between the Chamber and the Town of Oro Valley(attached hereto). BE IT FURTHER RESOLVED that the Mayor and Town administrative officials are hereby authorized to take such steps as are necessary to execute and implement the terms of the Agreement. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 15th day of September , 2004. Paul H. Loomis,Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Mark J. Langlitz, Town Attorney TOWN OF ORO VALLEY FINANCIAL PARTICIPATION AGREEMENT THE CHAMBER SERVING NORTHERN PIMA COUNTY THIS AGREEMENT, made and entered into this 15th day of September, 2004, byand between the Town of Oro Valley, a municipal corporation, hereinafter called the "Town" non-profit Town and The Chamber Serving Northern Pima County, an Arizona p corporation hereinafter called "the Chamber." WITNESSETH WHEREAS, it has been determined that the activities of the Chamber are in the public interest, and are such as to improve and promote the public welfare of the Town; and WHEREAS, the Mayor and Council have determined that to financially participate in thep romotion of the activities of the Chamber is a public purpose in that the activities confer direct benefit of a general character to a significant part of the public; and WHEREAS, the Town desires to promote a business environment in Oro Valley that enhances economic vitality and improves the quality of life for its citizenry; and WHEREAS, it is the intent of the Town, subject to the provisions of state budget law, top rovide funding to the Chamber as set forth herein; and WHEREAS, the Town and the Chamber desire to establish a general framework for cooperative efforts, especially the general procedures by which the Chamber will assist and carry out residential relocation, tourism promotion, business retention and business recruitment; NOW, THEREFORE, in consideration of the foregoing, the parties do mutually agree as follows: ARTICLE 1 Section 1.1 Scope of Services to be Performed by the Chamber. A. Tourism and Visitors Services. 1. The Chamber will provide tourism and visitor's services and information to Town residents and seasonal tourists and anyone indicating an interest in locating a residence in the Town. Services rendered may be in the form of telephone or webpage inquiries, requests for information by mail or walk-in customers. Services shall be rendered in a courteous and professional manner. 2. It is understood by the Town and the Chamber that the Metropolitan Tucson Convention and Visitors Bureau is the primary agency providing tourism enhancement services to the Town. It is the intent of this agreement for the Chamber to augment tourism and visitors services. B. Business Recruitment, Retention and Outreach. The Chamber's business is to this end and they will spearhead the implementation of a "Business Outreach that will provide a number of opportunities to strengthen networks Program"among area businesses and local government. The Chamber will initiate these contacts each month with area business owners. These meetings will take place on a regular basis and will address issues that affect local business, help g establish relationships between local businesses and provide an outlet for topical discussions. C. The Chamber shall work to assist the Town in emphasizing the importance of supportinglocal retailers/businesses through educational and promotional efforts. p D. Special Events Calendaring. The Chamber and the Town will work closely together and reciprocate timely and cooperative communications with each other g p regarding special events that promote the Town such as ribbon cutting/grand g g p opening ceremonies for local Town businesses. The Chamber will be designated p g as the lead agency with regard to the ribbon cutting/grand opening ceremonies. g Y The Chamber will maintain a Master Calendar to promote coordination and mitigate the possibility of calendaring conflicts for said special events. E. Annual Chamber membership dues to be paid by the Town shall be included as part of the monetary consideration of this agreement. Section 1.2 Responsibility for Open Records. The Chamber agrees to make open to the public all records relating to any funds directly received from the Town, Pima County and any other municipal / government funding sources that the Chamber distributes to other organizations or individuals. Section 1.3 Evaluation Criteria and Reporting. A. The Chamber agrees to submit to the Town, by the 10th working day after the close of the calendar quarter, reports addressing the progress of the Chamber in achieving scope e of services as outlined in Section 1.1 of this agreement. In p order to assess the impact of the Chamber, the Town, through its designated representative, reserves the right to evaluate performance, and the Chamber will cooperate and use its best efforts to provide access to all pertinent information reasonably necessary to make evaluations. B. Progress reports shall address but are not limited to the number of inquiries for g relocation, inquiries for tourism information, number of information packets sent pursuant to inquiries and, with regard to business recruitment and retention, the number of leads, prospects and site visits. Section 1.4 Accountability. A. The Chamber shall maintain a true and accurate accounting system which meets acceptable accounting practices of the accounting profession, and which is capable of properly accounting on a timely basis for all expenditures and receipts p of the Chamber. B. The Chamber shall implement an accounting system which will comply with the accepted generallyted auditing principles and with the provisions of the AICPA audit p 2 guide for nonprofit corporations. The Chamber shall provide the Finance Department of the Town, within three C. months after the close of the Chamber's fiscal year with: - An annual accounting, or A copy of an outside audit of the Chamber for the time period approximating the period of the Town contract, together with any Chamber response to audit findings. At any during,durin , and up to a period of five (5) years after completion of this contract, the Finance Department of the Town or designated Town agent will be given access to the audit records of the Chamber for the Town's internal audits. Section 1.5 Term of Agreement. This Agreement between parties as described above shall be effective from July 1, 2004 through June 30, 2005. Section 1.6 Termination. This may Agreement be terminated at any time by mutual written consent, or by either g Y art givingthirtyda s written notice to the other party, or at such time, as in the p YY opinion of the Town, the Chamber fails to perform its obligations. ARTICLE 2 FUNDING Section 2.1 Payment. A. It is the intent of the Town that the Chamber receives from the Town an amount of27' period for the July 1, 2004 through June 30, 2005. Funding shall be paid q aid in equal installments by the 20th day of the 9th month and the 10th day of the th 1St 4 and 10th months of the contract upon receipt of a written request for payment from the Chamber. B. Method of Payment. The Town may, as a result of subsequently discovered evidence, withhold whole or part of the scheduled payment as may be necessary because: Services were not rendered. The Chamber failed to supply information or reports after reasonable requests. The Chamber is not in compliance with agreed upon disbursement documentation and/or other project performance. Any deficiency in performance, as described above, shall be outlined in detail to The Chamber at least thirty (30) days prior to 3 the withholding payments of a ments under the Agreement. The Chamber shall, within twenty (20) days of receipt of such correspondence, respond to the concerns outlined in the Town's correspondence. When the reasons for withholding payments have been corrected to the satisfaction of the Town, any amounts due shall be processed. C. The Chamber shall activelysolicit memberships as well as financial participation Countyand other incorporated cities and towns who benefit from the by Pima p services provided by the Chamber. ARTICLE 3 MISCELLANEOUS TERMS AND CONDITIONS Section 3.1 Hold Harmless and Insurance Provisions. A. Indemnification. The Chamber agrees to indemnify, defend, and save harmless the Town, its Mayor and Council, appointed boards and commissions, officials, employees Y officers, to ees and the Town's insurance carriers, individually and collectively, from any and all losses, claims, suits, demands, expenses, subrogations, attorney's fees, or actions of any kind and nature resulting from g personal in' Y (including bodily injury and death) to any person, including Jur employees of the Chamber or any subcontractor employed by the Chamber, or damagesto property or any other losses, claims, suits, demands, and/or any p p Y or expenses arisingalleged to have arisen out of this contract or the work to be g performed hereunder, except any such injury or damages arising out of the sole negligence of the Town, its officers, agents or employees. The amount and type of insurancecoveragerequirements set forth herein will in no way be construed as limiting the scope of indemnity in this paragraph. B. Insurance. 1. The Chamber shall obtain insurance coverage of the types and amounts required in this section and keepsuch insurance coverage in force throughout the life of this Agreement. All policies will contain an endorsement providing that written g noticegiven be to the Town at least thirty (30) calendar days prior to termination, cancellation, or reduction in coverage in any policy. 2. The Comprehensive General Liability Insurance and Comprehensive Automobile Liability policies Insurance will include the Town as an additional insured with respect to liability arising out of the performance of this Agreement. The Chamber will provide and maintain minimum insurance limits as follows: 3. COVERAGE AFFORDED LIMITS OF LIABILITY Workmen's Compensation Statute Employer's Liability $100,000 Comprehensive General $1,000,000 - Bodily Injury 4 Liability Insurance Combined Single Limit a. p roducts and $100,000 Property Damage completed operations Section 3.2 Conflict of Interest. The Chamber agrees that the provisions of A.R.S. Title 38, Article 5, "Conflict of Interest of Officers and Employers", apply to all the transactions of the Chamber. Section 3.3 Purchasing. In purchasingcontracts for goods and services, the Chamber agrees that it will implement and maintain policies and procedures that insure, wherever feasible or practical, that there will be announced, documented, competitive bidding for such contracts so that the potential effectiveness, as well as cost factors, are considered bythe Chamber in the selection of said goods and services. Section 3.4 Independent endent Contractor. The parties stipulate and agree that Chamber is of the Town, and isperforming its duties hereunder as an Independent not an employee Contractor, supplying its own employees, and maintaining its own insurance, workman's compensation insurance, and handling all of its own internal accounting. The Town in no way controls, directs or has anyresponsibility for the actions of the Chamber herein. Section 3.5 The Chamber shall further be responsible for compliance with the United States Immigration ration Reform and Control Act of 1986, the Americans with Disabilities Act, and shall indemnifyand hold harmless the Town for any liability arising from failure of the Cham Chamber to complywith said acts. Said indemnification to include the costs of suit. Section 3.6 Contract Amendments. By mutual consent of both the Town and the Chamber, this Agreement may be re-opened for renegotiation of and/or the addition/deletion n/deletion of amendments. Any request for renegotiation shall be in writing, detailing the requested changes. A meeting to discuss the changes shall be held within q 30 days ofrequest.the receipt of the Any change to this Agreement will be approved by Mayor or and Council and the Board of Directors of The Chamber. IN WITNESS parties WHEREOF, the hereto have executed this Agreement as of the date first above written. TOWN OF ORO VALLEY, a municipal corporation Mayor Paul H. Loomis Attest: Town Clerk Kathryn E. Cuvelier, Town Clerk 5 THE CHAMBER: THE CHAMBER SERVING NORTHERN PIMA COUNTY Authorized Signature Witness to Chamber Signature: Approved as to form this day of , 2004: Town Attorney Mark Langlitz, Town Attorney 6 TOWN OF ORO VALLEY OUNCIL COMMUNICATION MEETING DATE: September 15, 2004 TO: HONORABLE MAYOR& COUNCIL FROM: Jeffrey H. Weir, Economic Development Administrator T: Resolution No. (R) 04 - 95 , Consideration and Approval of a Financial Participation SUBJEC Agreement with the Greater Tucson Economic Council. SUMMARY: Each year the Town staff evaluates continuance of funding for area non-profit organizations that provide services that are beneficial to the Town's residents. The attached Resolution &Financial Participation Agreement (FPA) between the Town and the Greater Tucson Economic Council (GTEC) extends the Town's and GTEC's partnering for the FY 2004—2005. ATTACHMENTS: 1. Resolution No. (R) 04 - 95 Financial Participation Agreement with the Greater Tucson Economic Council. ISCAL IMPACT: Funding for the July 1, 2004 through June 30, 2005 FPA with GTEC is $ 5,000. RECOMMENDATION.• Staff recommendsapproval a roval of the Financial Participation Agreement with GTEC. SUGGESTED MOTION: move to approve Resolution No. (R) 04 -95 executing a Financial Participation Agreement between the I pp Town of Oro Valley and the Greater Tucson Economic Council. .'j // NicAd.:4,4 r Jeffrey H. Weir, CEcD Economic Development Administrator Chuck Sweet Town Manager TOWN OF ORO VALLEY FINANCIAL PARTICIPATION AGREEMENT GREATER TUCSON ECONOMIC COUNCIL THIS AGREEMENT, made and entered into this 15th day of September, 2004, by and Y between the Town of Oro Valley, a municipal corporation, hereinafter called the "Town" and the Greater Tucson Economic Council, hereinafter called "GTEC". WITNESSETH WHEREAS, it has been determined that the activities of GTEC are in the public interest, and are such as to improve and promote the public welfare of the Town; and p WHEREAS, the Mayor and Council have determined that to financially participate in the promotion of the activities of GTEC is a public purpose in that the activities confer direct benefit of a general character to a significant part of the public; NOW THEREFORE, in consideration of the mutual covenants and conditions hereinafter set forth, the parties hereto do mutually agree as follows: Section 1: Statement of Purpose GTEC shall fund and oversee the implementation of an economic development strategy to ensure and improve the vitality of Pima County including the Town of Oro Valley by complimenting the community's economic development resources. Section 2: Services To Be Performed By GTEC 1. GTEC, in cooperation with other groups, organizations, agencies, departments and individuals involved in economic development activities, shall coordinate and facilitate the development of a comprehensive and balanced economic development strategyfor the Tucson Metropolitan area including the Town of Oro p Valley. 2. GTEC through the direction of its Board of Directors and Executive Committee shall oversee the implementation of the strategy primarily through its Program of Work. 3. A specific focus of GTEC shall be to locate new, expanding or relocating firms and tojob romote development within the town limits of Oro Valley. GTEC, in p cooperation with the Town's Economic Development Administrator agrees to work with the town in its recruitment efforts for those relevant industries that are identified in the Town's General Plan and Community Economic Development Strategy. Further, GTEC agrees to provide the Town with continuous feedback in evaluating its ongoing recruitment efforts and to notify the ED Administrator concerning prosdemonstrating a specific interest in an Oro Valley site(s) or prospect visits to such site(s) for appropriate Town involvement. 4. GTEC agrees to work with the Town in maintaining links between GTEC and the Town for their respective Internet WebPages. 5. GTEC agrees to provide information regarding the Town to business prospects in g its CD ROM presentations. 6. GTEC shall distribute Town of Oro Valley promotional material and industrial site information to all leads and prospects targeted in the Town's Community Economic Development Strategy. 7. Include information on the town in all GTEC marketing publications. 8. Include the town industrial properties in the GTEC real estate database. 9. Support Town business retention efforts within Oro Valley/Greater Tucson Strategic Partnershipfor Economic Development (GTSPED) targeted industries. g 10. Provideuarterl reports to the Town ED Administrator on the progress of: q Y A. Promotion of job development within the town limits of Oro Valley including: • Aeneric listingdescription of prospects developed demonstrating a specific g interest in Oro Valley sites (i.e., type of industry, number of jobs, etc). • A generic listing of prospect visits to sites in the Town. B. Inform the Town ED Administrator of GTEC visits to local industries to facilitate mutual participation in expansion/retention efforts in Oro Valley. • Aeneric listing/description of retention visits made to local industries and g g other information concerning expansion retention activities in Oro Valley. Section 3: Services To Be Provided By The Town Provide GTEC with a sum of money not to exceed Five Thousand Dollars ($ 5,000). Section 4: Evaluation Criteria And Reporting: a) GTEC agrees to submit to the Town, through the Economic Development Administrator, reports orts addressing the progress of GTEC in achieving its Program of Work. Reports shall be submitted within fifteen (15) working days of the end of each calendar quarter. b) GTEC agrees to review and present such reports to the Town Council in open meetings on an as requested basis. Section 5: Method Of Payment The amount allocated hereunder (Section 3) shall be paid to GTEC for services rendered in four installments, to be paid on September 20, October 20, January 19, and Aprilupon 18 receipt of a written request signed by an authorized representative of p GTEC. The Town may withhold whole or part of the scheduled payment as may be 2 necessary because: 1. Services were not rendered. supply GTEC failed to su ly information or reports as required. p 3. GTEC is not in compliance with agreed upon disbursement documentation and/or other project performance. When the reasons for withholding payments a ments have been corrected to the satisfaction of the Town, any amounts due shall be processed. The Town will be reimbursed for anyfunds expended for services not rendered. Section 6: Responsibility For Open Records public agreesopen to make to the all records relating to any funds directly received from the Town that GTEC distributes to other organizations or individuals. Section 7: Accountability GTEC shall maintain a true and accurate accounting system which meets generally accepted accounting principles,rinci les, and which is capable of properly accounting for all expenditures and receipts of GTEC on a timely basis. ' accountingsystem shall permit separate, identifiable accounting for all funds to GTEC's y bep rovided by the Town pursuant to this Agreement. GTEC shall provide the Finance Department of the Town, within four months after the close of GTEC's fiscalof the financial audit of GTEC's operations by an year, a copy independent certifiedpublic ublic accountant, along with any management letter, and, if applicable, GTEC's plan for corrective action. If GTEC does not have an audit, it maysubmit within three months after the close of its fiscal year, a complete accountingof Town funds received. This accounting must be p approved by the Finance Department of the Town as sufficiently descriptive and complete. If for good reason GTEC can not meet the times established for submission of financial reporting, GTEC shall notifythe Finance Department in writing of the reason for the delay, provideexpectedcompletion an date, and request a waiver of the due date. At any time during or period after the of this contract, the Finance Department of the Town or a Town agent audit GTEC's overall financial operation for the contract g may period. GTECprovidean shall financial reports or documentation necessary to Y accomplish such an audit. Section 8: Matching Grants y GTEC agrees to obtain Mayor and Council approval prior to applying for any matching 3 grants involving the commitment of Town funds. Section 9: Americans With Disabilities Act GTEC applicable shall complywith all a licable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101-12213) and applicable federal regulations under the Act (28 CFT Parts 35 and 36). Section 10: Terms of Agreement This Agreement between parties as described above shall be effective from July 1, g 2004 through June 30, 2005 and may be extended by approval of the Mayor and Council of the Town. Section 11: Termination This Agreement maybe terminated at any time by mutual written consent, or by either g art givingthirtyda s written notice to the other party, or at such time, as in the p YY opinion of the Town, GTEC's performance hereunder is deemed unsatisfactory. Section 12: Indemnification To the extent notp rohibited by ARS Section 35-154 and permitted by ARS Section 41- 621 GTEC agrees to indemnify, defend and save harmless the Town, its Mayor and g Council, appointed boards, committees, and commissions, officers, employees, and insurance carriers, individually and collectively, from all losses, claims, suits, demands, expenses, subrogations, attorney's fees, or actions of any kind and nature resulting p fromur J ersonal in' to any person, including employees of GTEC or of any p Y sub- contractor employed by GTEC (including bodily injury and death) or damages to any arisingor alleged to have arisen out of the work to be performed hereunder, property, g an except such injuryor damages arising out of the sole negligence of the Town, its Y officers, agents or employees. Worker Compensation insurance and/or self-insurance carried by the Town does not apply to employees or volunteers acting in any capacity for GTEC. Section 13: Independent Contractor Thearties stipulate and agree that Agency is not an employee of the Town, and is p p performing its duties hereunder as an Independent Contractor, supplying its own p g employees,to ees, and maintaining its own insurance, workman's compensation insurance, and handling all of its own internal accounting. The Town in no way controls, directs or has any responsibility for the actions of GTEC. Section 14: Non-Discrimination This Agency promisesby to abide Federal statutes relating to non-discrimination. 4 Section 15: Insurance GTEC agrees to: g A. Obtain insurance coverage of the types and amounts required in this section and keepsuch insurance coverage in force throughout the life of this Agreement. All g policies will contain an endorsement providing that written notice be given to the Town at least ten (10) calendar days prior to termination, cancellation, or reduction in coverage in any policy. B. The Comprehensive General Liability Insurance policy will include the Town as an additional insured with respect to liability arising out of the performance of this Agreement. C. GTEC will provide and maintain minimum insurance limits as follows: COVERAGE AFFORDED LIMITS OF LIABILITY Workmen's Compensation Statute Employer's Liability $100,000 Comprehensive General $1,000,000 — Bodily Injury Liability Insurance Combined Single Limit products and completed $100,000 Property Damage operations Comprehensive Automobile $1,000,000 — Bodily Injury Liability Insurance Combined Single Limit Including: non-owned $100,000 Property Damage Leased, hired vehicles IN WITNESS WHEREOF; the parties hereto have executed this Agreement as of the date first above written. TOWN OF ORO VALLEY, a municipal COUNTERSIGNED: corporation BY: 5 p YAs Town Clerk and not ersonall Paul Loomis, Mayor and not personally APPROVED AS TO FORM this Of , 2004 For Town Attorney and not personally Greater Tucson Economic Council By: BY: WitnessAgency to the Signature Agency Representative and not personally g and not personally 6 RESOLUTION NO. (R) 04-95 A RESOLUTION OF THE TOWN OF ORO VALLEY, ARIZONA, APPROVING FINANCIAL PARTICIPATION AGREEMENT BETWEEN THE GREATER TUCSON ECONOMIC COUNCIL AND THE TOWN OF ORO VALLEY WHEREAS, it has been determined that the activities of the Greater Tucson Economic Council arein("GTEC") the public interest, and are such as to improve and promote the public welfare of the Town; and WHEREAS, the Mayor and Council have determined that to financially participate in thep romotion of the activities of GTEC is a public purpose in that the activities confer direct benefit of a general character to a significant part of the public; and WHEREAS, the Town to promote romote a business environment in Oro Valley that enhances economic vitality and improves the quality of life for its citizenry; and WHEREAS, it is the intent of the Town, subject to the provisions of state budget law, to provide funding to GTEC as set forth herein; and WHEREAS, the Town and GTEC desire to establish a general framework for cooperative economic development strategies by which GTEC will assist the Town. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona, authorizing the approval of the Financial Participation Agreement between GTEC and the Town of Oro Valley (attached hereto). BE IT FURTHER RESOLVED that the Mayor and Town administrative officials are hereby authorized to take such steps as are necessary to execute and implement the terms of the Agreement. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 15th day of September , 2004. Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier,,Town Clerk Mark J. Langlitz, Town Attorney TOWN OF ORO VALLEY -- OUNCIL COMMUNICATION MEETING DATE: September 15, 2004 TO: HONORABLE MAYOR& COUNCIL FROM: Jeffrey H. Weir, Economic Development Administrator • Resolution No. (R) 04 - , Consideration and Approval of a Financial Participation SUBJECT. Agreement with the Metropolitan Tucson Convention and Visitors Bureau. SUMMARY: The item you have before you would continue the Town's financial participation with the Metropolitan Tucson Convention and Visitors Bureau (MTCVB) for the 2004-2005 Fiscal Year. The following present individualmaybe this evening to answer any questions concerning the agreement the Council may have: Mr. Jonathon Walker—President, MTCVB Mr. Richard Vaughn, Vice President, MTCVB ATTACHMENTS: Resolution No. (R) 04 - 96 Financial Participation Agreement with the Metropolitan Tucson Re Convention and Visitors Bureau, and 2. MTCVB Financial Participation Agreement. 3. FY 2003/2004 Annual Performance Reports. FISCAL IMPACT: Fundingfor the July 1, 2004 through June 30, 2005 FPA with MTCVB is estimated at $ 110,000 which equals 75% of the first 1% of the Bed Tax. RECOMMENDATION. pp • Staff recommends approval of the Financial Participation Agreement with MTCVB. SUGGESTED MOTION: I move to approve Resolution No. (R) 04 -96 executing a Financial Participation Agreement between the Town of Oro Valley and the Metropolitan Tucson Convention and Visitors Bureau. Affli,(V it/ (ft Jeffrey H. Weir, CEcD Economic Development Administrator /1 , Chuck Sweet Town Manager RESOLUTION NO. (R) 04- 96 A RESOLUTION OF THE TOWN OF ORO VALLEY, ARIZONA, APPROVING FINANCIAL PARTICIPATION AGREEMENT BETWEEN THE METROPOLITAN TUCSON CONVENTION AND VISITORS BUREAU AND THE TOWN OF ORO VALLEY WHEREAS, it has been determined that the activities of the Metropolitan Tucson Convention and Visitors Bureau ("MTCVB") are in the public interest, and are such as to improve and promote the public welfare of the Town; and WHEREAS, the Mayor and Council have determined that to financially participate in y thepromotion romotion of the activities of MTCVB is a public purpose in that the activities confer direct benefit of ag eneral character to a significant part of the public; and WHEREAS, the Town desires to promote a business environment in Oro Valley that enhances economic vitality and improves the quality of life for its citizenry; and WHEREAS, it is the intent of the Town, subject to the provisions of state budget law, to provide funding to MTCVB as set forth herein; and WHEREAS, the Town and MTCVB desire to establish a general framework for cooperative efforts, especially the general procedures by which MTCVB will assist and pp y carry out residential relocation, tourism promotion, business retention and business recruitment. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona, authorizing the approval of the Financial Participation Agreement between MTCVB and the Town of Oro Valley (attached hereto). BE IT FURTHER RESOLVED that the Mayor and Town administrative officials are hereby authorized to take such steps as are necessary to execute and implement the terms of the Agreement. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 15th day ofSeptember , 2004. Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Mark J. Langlitz, Town Attorney TOWN OF ORO VALLEY FINANCIAL PARTICIPATION AGREEMENT METROPOLITAN TUCSON CONVENTION and VISITORS BUREAU HIS AGREEMENT, made and entered into this 15th day of September, 2004, THIS by and between the Town of Oro Valley, a municipal corporation, hereinafter called the "Town" andMetropolitan Metro olitan Tucson Convention and Visitors Bureau, an Arizona non-profit corporation hereinafter called the "Bureau". WHEREAS, it has been determined that the activities of the Bureau are in the public interest, and are such as to improve and promote the public welfare of the Town; and WHEREAS, the Mayor and Council have determined that to financially participate promotion ate in the of the activities of the Bureau is a public purpose in that the activities confer direct benefit of a general character to a significant part of the public; and WHEREAS, the Town desires to acknowledge the Bureau as the principal mechanism through which tourism development, convention attraction and related activities will be undertaken in the furtherance of the goals and objectives of the Town and top romote and facilitate the economic well-being of the Town; and WHEREAS, it is the intent of the Town, subject to the provisions of the state budget law, to provide funding to the Bureau as set forth herein; and g WHEREAS, the Town and the Bureau desire to establish a general framework for efforts, especially the general procedures by which the Bureau will prepare cooperative p and carry out tourism development and convention attraction activities; NOW, THEREFORE, in consideration of the foregoing, the parties do mutually agree as follows: ARTICLE 1 Section 1.1 Responsibilities of the Bureau. A. Goals Statement. The Metropolitan Tucson Convention and Visitors Bureau will initiate, implement and administer a comprehensive sales promotion and advertising proram to attract an increasing number of convention delegates and g vacationing tourists to the Town, thereby providing revenues to the community through transient rental and sales taxes, and contributing to the overall economic growth and continued viability of the tourism and hospitality industry. B. General Operational Objections. The Bureau agrees to actively pursue the objectives outlined below throughout the term of this agreement. Bureau Administration Provide administrative control over all Bureau programs within the guidelines established by the Bureau's Executive Committee; Provide administrative and managerial direction in the planning, implementation and coordination of all Bureau operations; Provide recommendations for the Bureau's financial and managerial policies to the Executive Committee; and number of major policies to increase the '�or conventions and trade shows;the volume of off-season business and to increase community awareness in the Bureau's purpose,u activities and achievements in order to insure the Bureau's base of membership funding. Convention Sales Attract an increasing number of conventions to Oro Valley, particularly in the off- season (May to November)by: exhibit booth and sales personnel at trade shows, expositions, and Use of conventions; Personal contact, direct mail, and telephone solicitation of meeting planners and association executives; Providing meeting planners and association executives with a complete tour of Oro Valley facilities and attractions; Use ofspeaking engagements s eakin and public service announcements seeking the cooperation of local citizens in attracting organizations of which they are members to hold their conventions in Oro Valley; Providing the services to conventions booked, and the coordination of the various facilities used, to ensure successful meetings and repeat business; Providing all services of satellite offices, New York City, Washington, D.C. and Chicago. Tourism Development Increase the number of foreign tourists and U.S. citizens visiting Oro Valley by: Use of coordinated advertising campaign to reach significant foreign and domestic target area markets; Answeringall inquiries from potential visitors; Preparation and prom promptly y distribution promotional ibution of material to travel agents, tour operators, and travel 2 writers; Use of exhibit booth and sales personnel at travel trade shows and expositions attracting travel agents, tour wholesalers,motor-coach group tour representatives, and incentive travel companies; Invitations to group operators foreign n tour o erators to visit Oro Valley as part of their itinerary on State-promoted tours; Providingfamiliarization tours of Oro Valley attractions and facilities to visiting travel agents,tour operators, and travel writers; and Active artici ation in programs and promotions sponsored by the Arizona Office p p of Tourism, a state agency. Respond to tourism inquiries received at the Town of Oro Valley Home Page. Membership Program Implement programs as membership development,retention and support, as p follows: Identify categories of membership and prospective members within the selected g categories; Develop and implement an equitable membership dues structure; Develop implement im lement a membership billing and annually reviewed billing system; Develop a program for continued liaison with members designed to insure continued membership retention; Develop and implement a program designed to increase Bureau's membership p base; and Continue a program of desirable membership activities to enhance the lines of g communication between the membership, the Bureau's staff and various committees. ARTICLE 2 Section 2.1 Specific Services to be Performed by the Bureau. Bureau objectives for FY 2004/2005 (July 1, 2004 - June 30, 2005) j 1. To attract an increasing number of conventions to Oro Valley particularly in the off-seasonto November). Among the goals established to meet this (May 3 objective for Fiscal Year 2004/2005 are to increase the MTCVB-initiated leads for room nights to 295,000, and group sales leads to 1,180. To increase the number of foreign tourists and U.S. citizens visiting Oro Valley. 2. The Bureau expects 633 travel articles to be published as a result of their work with travel writers. 3. implementprograms ro To rams of membership development, retention, and support. The Bureau plans to achieve membership investments in the MTCVB of$ 280,000. 4. The Bureau shall utilize its sales manager to generate leads for convention meetings and tours to promote Oro Valley and will specifically conduct familiarization trips which will include the Oro Valley area. ' participation in trade shows, Bureau agrees to provide and 5. As part of the Bureau's p p furnish materials pertaining to Oro Valley. 6. Bureau as agrees part of its official visitors guide to feature Oro Valley in the g visitorsg uide, calling attention to the points of interest and attractions in the Town of Oro Valley. This feature shall include a map of the Oro Valley area. 7. Bureau agrees to assist in helping produce a brochure in the event that the Town of Oro Valley obtains funding through the Arizona Office of Tourism Community Cooperative Advertising Program. The photographs for the brochure will be provided by the Bureau. The Bureau agrees to display in a prominent area in the Bureau offices the Oro Valley brochures. In addition,the Oro Valley brochure will be included in all responses requesting relocation information. Events in the Town of Oro Valley p that would be of interest to visitors of which the Bureau has been advised by the town shall be included in the bi-monthly publication of the Bureau. The lure brochurep ublished by the sales department shall include information pertaining to Oro Valley. 8. Ap osition on the board of Directors shall be maintained for an elected official from the Town of Oro Valley. 9. The Bureau shallp rovide a semi-annual report of its activities as they pertain to the Town of Oro Valley and will include the Town of Oro Valley in the that it places on all publications and press releases similar to acknowledgement the following: "The Metropolitan Tucson Convention and Visitors Bureau is an independent,non-profitcorporation co oration dedicated to supporting the Tucson area as a visitor and convention destination. It is financially supported by the-City of Tucson, Pima County, the Town of Oro Valley, and its individual and business members." 10. Bureau agrees to maintain as part of its library slides and photographs for the use .g byits clients, photos and slides provided to the Bureau by the Town of Oro 4 Valley. Section 2.2 Responsibility for Open Records. With the exception of expenditures for contractual services, the Bureau agrees to make p open to the public all records relatingto any funds directly received from the Town, City of Tucson and Pima County, that the Bureau distributes to other organizations or individuals. Section 2.3 Evaluation Criteria and Reporting. The Bureau agrees to submit to the Town Council reports addressing the progress of the Bureau objectives.in achievingits ob'ectives. In order to assess the impact of the Bureau, the town, through designatedrepresentative,its reserves the right to evaluate performance, and the Bureau will cooperate and use its best efforts to provide access t0 all pertinent information reasonably necessary to make evaluations. Section 2.4 Accountability. The Bureau shall maintain a true and accurate accounting system which meets acceptable accounting practices ractices of the accounting profession, and which is capable of properly accounting on a timely basis for all expenditures and receipts of the Bureau. The Bureau s provideDepartment the Finance De artment of the town,within three months after the close of the Town's fiscal year with: An annual accounting, or A copy of an outside audit of the Bureau for the time period approximating the period of the Town contract,together with any Bureau response to audit findings. n time during, and upto a period of five (5) years after completion of this contract, At any the Finance Department of the town or designated Town agent will be given access to the audit records of the Bureau for the Town's internal audits. Section 2.5 Term of Agreement. Agreement between parties as described above shall be effective from July 1, 2004 This through June 30, 2005 and may be extended for two additional fiscal years so long as: - The Mayor and Council of the town determine the services of the Bureau are in the public interest and allocate funds therefor, and - thep arties mutually agree as to scope of services to be provided by the Bureau in any subsequent fiscal year. At the end of the third fiscal year referred to above, the provisions of this agreement will be subject to review and renegotiations by the Town and the Bureau. 5 Section 2.6 Termination. This Agreement maybe terminated at any time by mutual written consent by either party days ninety (90) da s written notice to the other party. Further, the contract may be terminated for good party cause byeither art with thirty (30) days written notice to the other party. For purposesagreementgood of this cause shall include but not be limited to the inabilityof either partyto meet its financial obligations under this contract. ARTICLE 3 FUNDING Section 3.1 Payment. A. It is the intent of the Town that the Bureau receives from the Town an amount mutually agreedupon u on and measured by the first one percent(1%) of the Bed Tax Revenues collected bythe town. Disbursement of funds by the Town is subject to the annual appropriation by the Town Council and the limitations of the state p budget et law. It is the intent of the Town that the Bureau receives from the Town seventy-five percent(75%) of the first one percent(1%) of the Bed Tax Revenues actuallyby collected the Town for each previous month. Payments shall be made on a monthlybasis commencing July 1, 2004. Payments are to be made within forty ((40) days after the close of each preceding month. B. shallIt responsibility be the res onsibilit of the Bureau to obtain funding from sources other the Town. Financial participation agreements with other governments and than government agencies, grants, donations, memberships and any other sources of g � funding as may become available from time to time shall be included as part of the annual budget submission. C. Method of Payment. The Town may, as a result of subsequently discovered evidence, withhold whole orp art of the scheduled payment as may be necessary because: - Services were not rendered. - The Bureau supply failed to su 1 information or reports after reasonable requests. - The Bureau is not in compliance with agreed upon disbursement documentation and/or other project performance. - The Bureau failed to make required payments to subcontractors. When the reasons payments for withholdinga ments have been corrected to the satisfaction of the Town, any amounts due shall be processed. ARTICLE 4 6 ACCOUNTABILITY Section 4.1 The Bureau shall implement an accounting system which will comply with the generally accepted auditingprinciples and with the provisions of the AICPA audit p p p guide for nonprofit corporations. Section 4.2 The Town shall incur no liability for ineligible expenses and such shall be the sole responsibility of the Bureau. ARTICLE 5 MEMBERSHIPS AND OTHER FUNDING Section 5.1 The Bureau shall actively solicit memberships as well as financial . . byPima Countyand other incorporated cities and towns who benefit from participation the services provided by the Bureau. Section 5.2 The Bureau assures the Town that it will endeavor to maintain ongoing funding levels from Pima Countyconsistent with the provisions of A.R.S. § 42-6108 and ongoingfunding levels from the City of Tucson. If either the Pima County Board of Supervisors ervisors or the Tucson City Council fails at any time during the term of this Agreement to make the full allocation pursuant to their respective agreements with the Bureau, the Bureau and Town mutually agree to renegotiate this Agreement. Section 5.3 In each fiscaly ear,the Bureau will specify in a Memorandum of Understanding,to be entered into each year by the parties,the percentage that it will attempt to achieve in other funding. ARTICLE 6 MISCELLANEOUS TERMS AND CONDITIONS Section 6.1 Hold Harmless and Insurance Provisions. A. Indemnification. The Bureau agrees to indemnify and save harmless the Town, its Mayor and Council, appointed boards and commissions, officials, officers, employees to ees and insurance carriers, individually and collectively(the "Town") from all losses, claims, suits, demands, expenses, subrogation's, attorney's fees or actions of any kind and nature resulting from personal injury to any person (including Jrybodilyinjury and death) or damages to any property, arising or alleged have arisen out of either(1)the Bureau's negligent performance of the terms of to this contract, or (2) any of the Bureau's acts or omissions, except to the extent a negligent attributable solelyto act or omission of the Town. The amount and type of insurance coverage requirements set forth below will in no way be construed as scope limitingthe of indemnity in this paragraph. B. Insurance. 7 1. Obtain insurance coverage of the types and amounts required in this section and keepsuch insurance coverage in force throughout the life of this Agreement. All policies will contain an endorsement providing that g written notice beg iven to the Town at least thirty (30) calendar days prior to termination, cancellation, or reduction in coverage in any policy. Liability The Comprehensive General Insurance and Comprehensive Automobile Liability Insurance policies will include the Town as an additional insured with respect to liability arising out of the performance of this Agreement. 3. The Bureau will provide and maintain minimum insurance limits as follows: COVERAGE AFFORDED LIMITS OF LIABILITY Workmen's Compensation Statute Employer's Liability $100,000 Comprehensive General $1,000,000 -Bodily Injury Liability Insurance Combined Single Limit a, p roducts and $100,000 Property Damage completed operations Comprehensive Automobile $1,000,000 -Bodily Injury Liability Insurance Combined Single Limit Including: non-owned $100,000 Property Damage leased,hired vehicles Section 6.2 Conflict of Interest. The Bureau agrees that the provisions of A.R.S. Title 38, Article 5, "Conflict of Interest of Officers and Employers", apply to all the transactions of the Bureau. g Section 6.3 Open Meeting. The Bureau agrees to conduct its business in compliance with the provisions of A.R.S. Title 38, Article 3.1 "Public Meetings and Proceedings". Sect purchasing n6.4 Purchasing. In contracts for goods and services, the Bureau agrees that it will implement and maintain policies and procedures that insure, wherever feasible or practical, that there will be announced, documented, competitive bidding for contracts so that the potential effectiveness, as well as cost factors, are considered such by the Bureau in the selection of said goods and services. Section 6.5 Performance Evaluation. In order to assess the impact of the Bureau, the the right to evaluate performance. Information desire by the Town which Town reservesg is pertinent to this evaluation will be made available for this purpose by the Bureau at the Town's request. IndependentIL Contractor. The parties stipulate and agree that Bureau is not Section 6.6 an employee ee of the Town, and is performing its duties hereunder as an Independent 8 Contractor, supplying employees,own em to ees, and maintaining its won insurance,workman's compensation insurance, and handlingall of its own internal accounting. The Town in no Y directs or has an responsibility for the actions of the Bureau herein. way controls, further be Section 6.7 The shallBureau responsible for compliance with the United States Immigration Reform and Control Act of 1986, and shall indemnify and hold Town for anyliabilityarisingfrom failure of the Bureau to comply with said harmless the act. Said indemnification to include the costs of suit. Section 6.8 Contract Amendments. By mutual consent of both the Town and the Bureau, Agreementmay this be re-opened for renegotiations of and/or the Y addition/de letion of amendments. Any request for renegotiations shall be in writing, detailing the requested changes. A meeting to discuss the changes shall be held within 30 q days of therequest.receipt of the Any change to this Agreement will be approved by Mayor and Council. Section 6.9 For e yearMayor that the Ma or and Council appropriate funds for the Bureau pursuant to Article II above, the Bureau shall enter into a Memorandum of Understanding with the Town. IN WITNESS parties WHEREOF,the hereto have executed this Agreement as of the date first above written. TOWN OF ORO VALLEY, a municipal corporation As Mayor and not personally Paul H. Loomis,Mayor Attest: As Town Clerk and not personally Kathryn E. Cuvelier,Town Clerk THE BUREAU: METROPOLITAN TUCSON 9 CONVENTION AND VISITORS BUREAU Authorized Signature Witness to Bureau Signature: Approved as to form this day of , 2004: As Town Attorney and not personally Mark Langlitz,Town Attorney 10 i N t13 C >, 2 (...,,_ U — 0 o Iii LL :0 2 .oesc 5 0 c ozi TA CT a) 0) V .m •in c f o ci U) 0 . O. civ o 0 -0v > E = 0 coo U 2 2 cf) ic a) o o = o 0 0 \� �� oCO\\ • 0 a o a p 00 *(0 c:*:) 'L r- CO 0 0 O r- Cfl to DO o CO r r- s-- CO + co ,- + N+ N ,} + ,- 1. O 0 N M a) o N N t3 O LL '- 0 �?O LLO. 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ZO0WJa.aul H TOWN OF ORO VALLEY STAFF REPORT TO THE TOWN COUNCIL MEETING DATE: September 15, 2004 TO: HONORABLE MAYOR& TOWN COUNCIL FROM: Robert Conant, Planner II SUBJECT: O V5-04-04 PUBLIC ART FOR THE MEDICAL OFFICE BUILDING LOCATED AT NORTHWEST MEDICAL CENTER ORO VALLEY, LOCATED ON THE NORTHWEST CORNER OF INNOVATION PARK DRIVE AND TANGERINE ROAD, PARCEL 225-02-023A BACKGROUND: om anies developers of the Medical Office Building at Northwest Medical Center Oro Valley, has Rendina C p p _ . public art project for the building. The building is a three story office building. The main presented a proposed p J lobby is a three storyunobstructed volume with a glass wall at the entry raising the entire height. The art consists of floor tile work in the public lobby of the building. STAFF REVIEW: meets the 1% construction cost and will be visible to the public for more than 40 hours per week. Theproposal n sum, it meets all OVZCR requirements. The cost of the public art is $38,002.77. PUBLIC ART REVIEW COMMITTEE (PARC) ACTION: The PARC met with the applicant on August 2, 2004, and voted by a majority(4-0) to conditionally approve the proposed public art. SUMMARY OF FACTORS: Factors For: 1. The art work is in compliance with the provisions of the Oro Valley Zoning Code Revised. 2. The proposal is supported by the Public Art Review Committee (PARC). Factors Against: None SUGGESTED MOTION: ;4ing ppI move to a rove OV5-04-04, Public Art Proposal for the Medical Office B at No h . est 4 edica 1 Center Oro Valley. Aka-1 e ministrator Pla - bni Attachments: � 1 Public Art Proposal Co r- u ity Devel' . ent Director dOirdit Town Manager 04 PU6220 TiLE W 440 norTh 6tH Clue. tUCSoN, az 85705 Aworkshop of artists involved in the planning and making of public artwork Susan Gamble/Owner, principal artist. BFA University of Arizona; MFA California State University at Long Beach Kristine Stoner/Tile design,Production Manager Donna Stoner/Tile Design Staff Manager Leslie Gamble/ Showroom Manager/ Marketing Dwayne Arnspiger/Design&construction Judith Anderson/ Showroom Staff, Workshops Selected public artworks/collaborations/design teams *Indicates collaboration or participation on a design team 2003-2004 Charlotte Mecklenberg Utilities,Charlotte,North Carolina 2002 USS Arizona-In Memory-With Thanks-University of Arizona,Tucson, AZ.Second of 3 sculptures in and around the student union complex.This 18' iron structure is reminiscent of a ship's mast(communication tower).The tower is strung in the manner of a"God's Eye" with replicas of the dog tags of all who served on the USS Arizona.The tile clad base depicts memorial leis floating in the water of the harbor. *2000-2004 City of Tucson Midtown Multi-Service Center,Tucson,AZ. Sculptural water feature. 2002 UAspire.Memorial Student Union&Bookstore,University of Arizona, Tucson,AZ.This 24'Tree of Life is steel covered in colorful tile, metal "wings",orbs and melon sized clay beads.Plasma cut steel hides solar panels that glow at night. *2003 Pima County Roadway Projects,Sunrise Drive project,Swan-Craycroft and Craycroft-Kolb corridors,Tucson,AZ.Roadway beautification elements include sculptural agaves(20' tall)of rusted steel and signage of tile and rusted steel. Catalina Engineering, Tucson,AZ.* *2002 Hope VI. Greater Santa Rosa Neighborhood rehabilitation project,Tucson,AZ. Archway and pavers of silk-screened,air-brushed,and hand-cut ceramic tile illustrate community history. Collaboration with California artist Roberto Delgado.* *2001 Citywalk.Main Street Beautification Project,Salt Lake City,UT. Pavers of ceramic tile(14" square)in 5" surround of inlaid plate bronze.Collaboration with artists Roberto Delgado(California)and Doug Warnock(Idaho).* • 2000 Metropolitan Tucson Convention&Visitors Bureau,Tucson,AZ. Visitor Center entry sign(15' x 2'),ceramic tile mosaic with plasma-cut steel elements and frame. 2000 Saguaro National Park Visitors Center,Tucson,AZ. Ceramic tile mosaic donor wall(6' x 4')featuring subterranean creatures of the desert. 2000 Una Ventana de Vuelos Fantasticos. Sky Harbor International Airport,Phoenix, AZ. Tile mosaic wall mural(14' x 10')with plasma-cut steel borders traces manned flight from the first hot-air balloons to the first untethered walk in space. 2000 Hacienda. Girl Scouts of America,Sahuaro Council,Tucson,AZ.Tile mosaic donor wall(10' x 8')and information signage at The Hacienda events venue. 2000 El Cortijo.The Art Annex,Tucson AZ. Handmade ceramic elements in this restaurant-art gallery complex include a courtyard fountain,paving,stair risers and landings,restaurant sign,interior tile mosaic mural on mirror,terra cotta chair rails,and glazed sinks. 2000,1997 Bounty. Tucson Botanical Gardens,Tucson,AZ. Donor wall of hand-cut tiles grout-sculpted onto stucco walls(8' x 5' panels). 1999 St.Philip's in the Hills Episcopal Church,Tucson,AZ.Triptych donor wall(5' x 9') and series of 17 tile mosaic plaques (each 12" square)illuminate stories from the Bible. *1998-99 Paul Revere Park,Boston,MA. Various installations in the 5-acre park include The Nautilus,a spiral lookout of ceramic tile mosaic on formed concrete and cut stone(25'high,15' diameter); three tile mosaic entry signs(27' x 2',17' x 1' four bench backs of seasonal ceramic tile mosaics on cut stone(ea.20" x 72"); tile facsimile of 1775 map(16" x 32")set in text extract from Paul Revere letter; bench back incorporating entire text of Russell Lowell poem"The Gift Outright." Carr, Lynch, and Sandell, Landscape Architects, Cambridge,MA.* *1999 Mi Tierra. DeConcini Environment&Natural Resources Building,University of Arizona,Tucson,AZ. Atrium floor sculpture(25' x 25')with illumination, incorporating quarried granite,slate,and marble,ceramic pavers,glass beads, plasma-cut steel. Hoover Berg Desmond,Architects, Denver, CO.* Prism Grand Prize Award Winner for Design at Coverings 2001. 1997 Mother Desert.Tucson-Pima Public Library,Valencia Branch,Tucson,AZ. Exterior mosaic tile triptych framed in plasma-cut steel(17' x 9')illustrates Pat Mora's poem"The Desert Is My Mother." 1997 The Borderland.. U.S. Border Station and Customs House,Naco,AZ. General Services Administration Art and Architecture project.Six exterior tile mosaic murals(each 4' x 8') depict flora and fauna of the Sonoran desert. 1992 Plaza Arches.Santa Cruz River Park,Tucson,AZ. In the central plaza of a neighborhood park,four arches of ceramic tile on formed concrete(each 14' x 40' x 3')tell the history of the area in Spanish,Yaqui(a Native American language),and English. *19914996 DLUCS II(Downtown Land Use and Circulation Study,Barraza Aviation Parkway),Tucson,AZ. JHK Engineers;Wheat Gallaher Associates, Landscape Architects;Margaret Joplin,Landscape Architect,Tucson,AZ. tel:(520)623-1856 fax:(520) 882-0868 ernAil: STtile@cs.com Santa Theresa Tile Works,Inc. Selected reviews and publications Quinn, Terry. Editorial on Santa Theresa Tile Works, Inc., Tucson12 The City Channel, Community Relations Office, City of Tucson (Winter 2004). Lee, Sooyeon. "Tucson's Public Art Scene," KUAT-TV(PBS), Communication Group, The University of Arizona (Winter 2003). Lowe-Bailey, Charlotte. "3 of a Kind — Distinctive Approaches to the Art of Tile Making," Tucson Home, Spring 2002, pp. 36-38. Travis, Shannon. "Susan Gamble: Artist," Tucson Lifestyle Home & Garden (Spring 2000), pp. 45-51. Epperson, Leslie Ann, "Santa Theresa Tile Works: Studio and Mi Tierra at the University of Arizona," Arizona Illustrated. Public Broadcasting System (KUAT television), 1999. Speight, Charlotte, F., John Toki, California College of Arts and Crafts. Make It In Clay: A Beginners Guide to Ceramics. Mayfield Publishing Co., Mountain View, CA, London, Toronto. Spring 1997, plate 27. Anderson, Judith. "Tile with Style,"Arizona Daily Star, Sept. 21, 1997, Home Section, p. 1. Wall, Nancy. "Tile Town—A River Runs Through It," Tucson Guide Quarterly(Spring 1994), pp. 102-08. McGinnis, Sean. "Susan Gamble: Rio de Mi Corazon, the Santa Cruz River Park," Ceramics Monthly (January 1994), pp. 29-32. Artists'philosophy The artist has a very specific role in the creation of public spaces.While architects and landscape architects create pleasing and functional designs for buildings and the surrounding terrain,and engineers figure out how to construct their designs safely, often it falls to the artist to express the community's ideas about the new structure-their perspectives,values,or sense of place. Traditionally,this has been accomplished by adding a monument or a discrete piece of commemorative artwork somewhere within a site. At the turn of the 20th century,modern artists altered tradition by contributing to public spaces monumentally sized works expressing their own values,rather than the community's. Today,as we move into the 21st century,public art is again being redefined,notably by contemporary artists who specialize in public art as a genre. It is the role of the public artist to discern what is meaningful to a specific community and to express that meaning,in conjunction with the artist's own ideas,through materials and in a format that admires the adjacent architecture and contributes to the overall design and use of a public space. References Mr.Peter Dourlein,Senior Architect Tel:520-621-5684 Facilities,Design,and Construction Fax: 520-621-5668 The University of Arizona eMail: pdourlein@fdc.az.edu 1331 East 5th Street Tucson,AZ 85721 Ms.Elizabeth Wheat,Partner&Mr.Eric Scharf,Partner Tel:520-884-7911 Wheat Scharf Associates,Landscape Architects Fax:520-884-7912 442 North 6th Avenue email:ewheat@wheatscharf.com Tucson,AZ 85705 Mr.David Hoyt Johnson,Public Art Director Tel:520-624-0595 Tucson/Pima Arts Council Fax: 520-624-3001 10 E.Broadway,Suite 106 eMail:dhjohnson@tpacaz.org Tucson,AZ 8570 tel:(520)623-1856 sax: (520) 882-0868 emAil: STtile@cs.com f'D . z 5-p --, m g mR, - ra , en 0 r eD C m 1 , III I LIM.r x iii s Ric 411 Ell N. ,_ , > — 40r*: -. r 0--f Z --":iv O C rn D m Z rnz0 - zr _ to � cn CO -utiomi-i-glaiiiii--istammititorsommos—womatati—iimmtimmi— ---, I C F opip_pwwwwwwwwwwwwO c) 11 o Z 17< 0 --I i cm _ n z 1-j (15- o z ies... ----_i _ Kcn —' c 0o _ CD M = x m u, N aoz , la -I' 0 0 Z - :-..., 1 -0oC) , on\ilk --,J, 7 �- in a) Z q W c rn = 0_• xD CO q q 0 0 0 --.1 ---1 1 Z rn z mz � D D i'1 q z z --1 I 1 __, to to1 C -� C C 1=I rn CA v, ` q a I7 iwm i c4i,,,p4t i; --:!-,0 r-.- ------A p a.z 5-p ., ... , ,... ,.. ... , . . , ._-. ,,...... ,,:,,,,;:„:',,,:,:,,,,,,,.:,;:,;:"/•:,,,,,,:::.,-.:,,,,'.:',.,.,-;;;:i'",,,,,:,,,„:,..,...,.4.„.„.,,,,,,,,,,,,:;',':':,—,/ ,:,,„..,,,,,•,,,,,,,,,,,C:c.,,,,,4-.',,,,,..';:-;,;,,,,,,,,,,,,,:,,,,,,i,,,,,,pfi*,,f,,'\'.::-' --:.:'.., , •--,,,„, ,....,,,,,„,. .;:.,,'.,..,i —'0:4,,,,-;,:-.,.t/,, ,',.'''',..•. , m ,,, „.„,,,',",'.4,,,.-•,...,.:,,,,t,k",e,„„,-,,,„ ".•/;;•;,,,..'1,'"`-'.-,',,,,,'-',-::,-.--,-A /, ,„ i / , , :',',•'"'•',,:-77'.',N;'-',',"'-',---:,',.--,:/,;••/,--::-, ',,/NI' '-, / i- 0 Z 0 -1 1""i ,. .., y--.„„„ _„; .„ „ . - ,, .... ;-,,, f„, •„„„,•• ••, \ I' . \/ ;- Y X / ' ,..*'\\ •\ i\ \ ' \ \/ • , Oa A A it, : _ ,ii - ...., Z --0 (T)- CY = M r . _..„ *4 _ Iv< .. - , - • ,-, '' ,/: x-,,,x,, A A, „/(\,/\ \ \/ ..,;';':-:: ',.- • OD Y \,x, ''', \'', \x. 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' :(f-f.e.,, O..„ z 44' ' 41.,„,„.::-:-,„..„,,,„ \ ...., ., ,,,, t T EJ , , . -, "'a CT; - Z 0 t, ' N''.t— oo O O p m -__. > 0_, -' -I W N o T > Ca o o O r --% o u) --1 p =II _• o O r � CD rn — 00 _ --.7 . 0 0_ cin 1, ., , , , , . _.D CO n f. ):\#4*, I IF-F , _l in f Lf.', ,'IJ k--A, ... ,.., . 3, , , , , .. , , , -,-.::,:i3, ? t „:„..,.,,,,,..,.. .x,,,,,,,,03,,,,,• 'w# 1R,� +t .frm -,m,-,;:, t4,N,. w r � ` Gn .,^ixrt,Ys374i,"rn, ziiRr aeaey asxe ,,,, - -,, \ cgt,' --I. , -, ,pd \ , \ /A.‘ /\ ,: _ice ,7,7:-"`i a t/z P ' \ 5..1 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: SEPTEMBER 15, 2004 TO: HONORABLE MAYOR & COUNCIL FROM: AINSLEY ANNE REEDER, PARKS & RECREATION ADMINISTRATOR SUBJECT: ADOPTION OF RESOLUTION NO. (R) 04- 9 7 : "PIMA COUNTY LICENSE FOR ENCROACHMENT" FOR A PEDESTRIAN PATH ON CANADA DEL ORO WASH ON THE WESTERN SIDE OF STEAM PUMP VILLAGE SUMMARY: A Canada del Oro Wash pedestrian path is planned to run north from First Avenue to the Catalina State Park on the eastern bank protection owned by Pima County Flood Control District. The developer of Steam PumpVillage,just east of the bank protection, is required to build and improve the path as p partapprovalprocess of the for the development. The "License for Encroachment" will allow the Town to take responsibility for the trail when it is constructed, as it will become a part of the overall trail system to be p y built on the CDO Wash. FISCAL IMPACT: Accepting the "License for Encroachment" will not result in any immediate cost to the Town. However, as the full length of the pedestrian path develops in the years ahead along the CDO Wash, there will be associated maintenance costs. The exact cost of maintaining this small portion of the overall path is yet to be determined. SUGGESTED MOTION: The Council may wish to consider the following motions: I move to adopt Resolution No.(R) 04 97 , "Pima County License for Encroachment" Attachments: 1) Resolution No.(R) 04- 97 2) Pima County License for Encroachment 3) Suzanne Shields E-Mail—Waive Permit Fees C\e_,—.—&LD Parks &Recreat n Administrator 40st . Department Head f Town Manager RESOLUTION NO. (R) 04- 97 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING THE APPROVAL OF THE "PIMA COUNTY LICENSE FOR ENCROACHMENT" FOR A PEDESTRIAN PATH ON CANADA DEL ORO WASH ON THE WESTERN SIDE OF STEAM PUMP VILLAGE WHEREAS, the Town of Oro Valley is a political subdivision of the State of Arizona, and is vested with all rights, privileges, benefits and is entitled to the immunities and exemptions granted municipalities and political subdivisions under the Constitution and laws of the State of Arizona and the United States; and WHEREAS, the Town desires to continue the development of the Canada del Oro Pedestrian Pathper the specific plans for this path in the Eastern Pima County Trails Master Plan and the p Town's Trail Task Force Report; and WHEREAS, the developer of the Steam Pump Village has agreed to develop the portion of the Canada del Oro Pedestrian Path adjacent to the development; and WHEREAS, it is in the best interest of the Town to encroach on that portion of the County's property described and Canada del Oro Wash for the purpose of operating and maintaining a p y pedestrian path. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona, authorizing the approval of the "Pima County License for Encroachment" (attached hereto by reference). BE IT FURTHER RESOLVED that the Town Manager and 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 Agreement. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 15th day of September , 2004. TOWN OF ORO VALLEY ATTEST: Paul H. Loomis, Mayor Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Mark J. Langlitz, Town Attorney For Recorder's Use Only PIMA COUNTY LICENSE FOR ENCROACHMENT THIS AGREEMENT is made between Pima County Flood Control District,a political subdivision of the State of Arizona,("County"),and the Town of Oro Valley,Arizona,a municipal corporation, ("Licensee"). The parties agree as follows: 1. Grant of Permission. In consideration of Licensee's fulfillment of the promises contained herein, County hereby gives permission,revocable and terminable as provided herein,to Licensee to encroach on that portion of County's property described as Canada del Oro Wash for the purpose of operating and maintaining a pedestrian path(the "Encroachment"). The property and the Encroachment are described and depicted on the attached Exhibit "A". 2. Privilege Assignable. Licensee's privileges hereunder are assignable only upon written approval of County. 3. Hold Harmless. All costs associated with the Encroachment shall be at the sole expense of Licensee. Licensee assumes responsibility and liability for any injury or damage to the above described property or to any person while using the above described property caused by or arising out of the exercise of this License. To the fullest extent allowed by law,Licensee indemnifies, defends,and holds harmless County,its officers,departments,employees,and agents from and against any and all suits,actions,legal or administrative proceedings,claims,demands,or damages of any kind or nature arising out of this License,which are attributed, in whole or in part to Licensee's use of the property,or to any act or omission of the Licensee,its agents,employees, or anyone acting under its direction,control or on its behalf,whether intentional or negligent in connection with or incident to this License. Licensee's responsibilities shall not extend to the negligence of County,its officers,departments,employees and agents. This indemnity shall survive �' the termination of the License. 4. Insurance. Prior to construction of the Encroachment, Licensee shall obtain a$5,000,000 commercial general liability insurance policy naming County as Additional Insured to cover the Encroachment within the County's property. County reserves the right to require additional insurance in County's sole discretion. The policy shall be maintained throughout the term of this License by the Licensee or Licensee's assignees. This License shall terminate if insurance lapses. A certificate of insurance shall be supplied to County with the stipulation that the insurance company shall notify County in writing of any intent to cancel the liability insurance. This p Y notification shall be required no less than thirty days prior to cancellation,and Licensee shall remove the Encroachment at its expense within thirty days of notification. If Licensee is self- insured,Licensee may provide evidence of such self insurance in form acceptable to Pima County's risk manager in lieu of the certificate of insurance. 5. Annual Fee. Pursuant to Pima County Board of Supervisors Policy Number F54.3,Licensor waives the annual fee. 6 � Permits. This License is not a right of way use permit. Following the granting of this License by County,Licensee shall obtain all applicable permits,which may include a Right-of-Way Use Permit,a County Use Permit,Building Permit or Floodplain Use Permit. Licensee shall construct thero osed Encroachment in accordance with the plans submitted to County with the application P p for this License. 7. With Compliance Highway Safety. Construction of the Encroachment shall not interfere with the p safetyof the traveling public or the authorized public use of right-of-way,and may not otherwise . . . interfere with the general health, safety and welfare of the citizens of Pima County. Once constructed,the Encroachment shall be maintained by Licensee so as not to interfere with safe sight distance or safe travel along the right-of-way. 8. Term. This License shall run for a period of 25 years from the date this License is executed by Pima CountyBoard of Directors of the Flood Control District. Notwithstanding any other condition,this License maybe terminated by either party or revoked by County upon ninety days' written notice to the other. County may terminate or revoke by recording a termination or revocation statement executed by the Manager of the Real Property Services of the Public Works Administration.When this License lapses,terminates or is revoked,Licensee shall remove the Encroachment from thep roperty at no expense to County and to the satisfaction of County within 90 days. Licensee shall restore the property to the pre-License condition or as maybe mutually agreed upon. The indemnifications set forth in Paragraph 3 above shall survive the termination or �' p revocation of this License. 9. Licensee Has No Interest or Estate. Licensee agrees that it has no claim,interest,or estate at any time in theproperty y b virtue of this License or its use hereunder. Upon termination or revocation of this License,Licensee shall have no right of entry upon the property. 10. Removal of Encroachment. Upon termination or revocation of this License for any reason or in the eventp artial or total removal of the Encroachment is required by the County,Licensee shall promptly remove all or part of the Encroachment as required by County at Licensee's sole expense p Y and to the satisfaction of the County. Licensee shall not seek compensation or financial reimbursement for any and all costs associated with the removal or relocation of the Encroachment from County. In the event the Encroachment is not promptly removed by Licensee as directed by County,County shall have the right to remove the Encroachment and Licensee hereby agrees to reimburse the total amount of County's costs incurred for the partial or complete removal of the Encroachment within sixty(60)days of receipt of an invoice from County for said costs. In the event Licensee fails to reimburse County for the costs of removal within the 60-day period,County shall be entitled to County's reasonable attorney's fees and interest at the rate established by A.R.S. §44-1201(A), occurring from the date the costs incurred. 11. Conflict of Interest. This Agreement is subject to A.R.S.§38-511 which provides for cancellation of contracts by Pima County for certain conflicts of interest. IN WITNESS WHEREOF,the parties hereto have executed this License as of the date signed by the Director of Procurement. ATTEST: PIMA COUNTY, ARIZONA By: Clerk ofthe he Pima CountyBoard ofDirectors of Chair, Pima County Board of Directors of the the Flood Control District Flood Control District Dated: APPROVED AS TO FORM: , 7 ' r ,W,, ( '- . 76' I ' ' Dep ty-C unty Attorney LICENSEE: TOWN OF ORO VALLEY By: Title: State of Arizona ) ss County of Pima ) This instrument was acknowledged before me this day of , 2004, by , as of the Town of Oro Valley. Notary Public My Commission Expires: License-OroValleySteamPumpVillage LICENSEE: TOWN OF ORO VALLEY By: Title: Date: ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier,Town Clerk Mark Langlitz,Town Attorney Date: Date: • EXHIBIT "A" • a uitin c Stant c Cons gfn • "i �▪i'- = 201 North Bonita Avenue Tucson AZ 85745-2999 Tel:(520)750-7474 Fax (520)750-7470 „ ,t;,...�- .. stantec.corn _ —1►i i:�ice �r • • -'•�I:+J N •.-.Lam. ' • • _ \•,`,'I•`• \r•�— Stantec _ •..•..-="ter 'ii . • ' ,:•i;i:t.� ;:=_= Legal Description of a Public Pedestrian Easement • - ' • � - -=� pedestrian footpath. Said DESCRIPTION of easement to be used for a public p . . ►• .r�rYr � -� an .- - -:.;• •'- ;,�T�.. =�`; Sections 5,6 & 7 Township 12 South, Range easement is on a parcel of land located in io s .- A•��=��==����==�� rizona Said easement being more Gila & Salt River Meridian, Pima County, Arizona.• '. :. 14 East, • fully described as follows • _:,_`.• _~? COMMENCING AT thenortheast corner of said Section 7 n a , • ••••.'"--'1"-;:--L,',7•;:..5•• L • ••- �• • 7 North 89°39'55" West, a distance of the north line of said Section Thence along • `- r 397.15 feet to the southeasterly outheasterl boundary of Canada Del Oro Wash; • ` '••• • continuing North 89°39'55" West along the northern section line of said Section . •• = - Thence, c n g :•••• ••::••••••-":••::-::::• 7, a distance of 74.11 feet to the TRUE POINT OF BEGINNING; •. . '� . .. ��•:,: feet; ' .:▪ • Thence, South 54°08'21" West, a distance of 946.24 . Thence, South 43°35'3.3"'33" West a distance of 30.64 feet; • • Thence, South 52°33'30"West, a distance of 103.41 feet; • . Thence, South 56°38'20"West a distance of 14.76 feet; Buiidings - Thence, South 58°22'26" West, a distance of 70.04 feet; Environment 56°50'52" West, a distance of 46:05 feet; Thence, South • Industrial ThenceSouth 53°58'46" West, a distance of 55.18 feet; , Transportation Thence South 53°56'36" West, a distance of 37.76 feet; , Urban landThence, North 35°47'26" West, a distance of 16.00 feet; Th ence North 53°56'36" East, a distance of 37.69 feet; , Thence North 53°58'46" East, a distance of 55.59 feet; , Page 1 of 4 SECTIONS 5 , 6 , 7 & 8 ; ::::.:: r ::::�:.: 12 SOUTH PA=��.SRoTOWSSHIPSUBJECT AREA ' ` ' ::... : •. •:;:.. � RANGE 14 EAST �— i .--.. _ , .,......• ... . : i 1 ‘5'-c„---:-..- cS) 1 ....../::\ I I e. **-. 1 „f.'• I SECTIONS 5, 6, 7 & 8 • G&SRB&M PIMA COUNTY, ARIZONA I ----] I I 4Aill 41ri 1 14 ri.#4 1 1 1 1 1 . ,1,\"-67\<\ 1 0 1 1 , 0 /,' 1 6 5 I 1 0)I I I p�P I I I 1 1 \ I I. L I ----- PROPOSED PEDESTRIAN PATH NA, PIMA COUNTY DEPARTMENT OF TRANSPORTATION TECHNICAL SERVICES DIVISION Page 4 of 4 Reeder, Ainsley From: Suzanne.Shields@dot.pima.gov Sent: Wednesday, July 21, 2004 10:25 AM To: Dana.Hausman@pw.pima.gov Cc: Reeder, Ainsley Subject: License Agreement Steam Pump The license agreement may waive the permit fees/costs to Oro Valley for Pima County and Flood Control Permits . This E-mail has been scanned by McAfee 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 1 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: SEPTEMBER 15, 2004 TO: HONORABLE MAYOR & COUNCIL FROM: AINSLEY ANNE REEDER, PARKS & RECREATION ADMINISTRATOR SUBJECT: ADOPTION OF RESOLUTION NO. (R) 04 -98 : "PIMA ASSOCIATION OF GOVERNMENTS AGREEMENT FOR SERVICE" FOR AN ONGOING SUMMER YOUTH TRANSPORTATION ART PROGRAM SUMMARY: Everyfive years, the Town and the Pima Association of Governments (PAG) renew the "Agreement for - Service" for the ongoing Summer Youth Transportation Art Program. This five-year contract is intended to reduce the application processing from year to year. These projects, which utilize Highway User Revenue pp Funds, involve the design and construction of public art on Town right-of-ways by local youth. Projects are administered bythe Greater Oro Valley Arts Council in coordination with the Parks and Recreation Division and the Public Works Department. All projects are subject to the approval of Town Council. FISCAL IMPACT: The Town assumes responsibility for project costs up to $50,000 during design and construction of each annual or biannualp roj ect. The Town will be reimbursed the full cost by PAG upon receipt of invoices detailing the project progress and expenditures. SUGGESTED MOTION: I move to adopt Resolution No(R)04-98"pima Association of Governments Agreement for Services" for the Summer Youth Transportation Art Program. Parks &Recreatio dministrator 717;titt t. Department Heas Otte4LA ' � Town Mana:-r Attachments: 1) PAG Contract Agreement for Service 2) Resolution No. (R)04-98 RESOLUTION NO. (R) 04- 98 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING THE APPROVAL OF THE "PIMA ASSOCIATION OF GOVERNMENTS AGREEMENT FOR SERVICE" FOR AN ONGOING SUMMER YOUTH TRANSPORTATION ART PROGRAM WHEREAS, the Town of Oro Valley is a political subdivision of the State of Arizona, and is vested with all rights, privileges, benefits and is entitled to the immunities and exemptions granted municipalities and political subdivisions under the Constitution and laws of the State of Arizona and the United States; and WHEREAS, the Town of Oro Valley currently hosts a summer youth employment program to provide youth with training and experience in public art; and WHEREAS, the Pima Association of Governments has set aside Highway User Revenue Funds for public transportation art projects as part of the youth employment program during the summers of 2005 through 2009; and WHEREAS, it is in the best interest of the Town to enter into an agreement to secure funding for the Oro Valley Summer Youth Transportation Art Program. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona, authorizing the approval of the "Pima Association of Governments Agreement for Service" (attached hereto by reference). BE IT FURTHER RESOLVED that the Town Manager and 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 Agreement. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 15th day of September , 2004. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: APPROVAL AS TO FORM: Kathryn E. Cuvelier, Town Clerk Mark J. Langlitz, Town Attorney PAG Contract: 05-5945-6286-04 AGREEMENT FOR SERVICE THIS AGREEMENT entered into this byand between the Town of Oro Valley, hereinafter calledValley,Oro Valle , and the Pima Association of Governments, an Arizona non- rofit corporation, hereinafter called" PAG ", p p PURPOSE: WITNESSETH WHEREAS, Oro Valleycurrently administers, or wishes to administer, an Ongoing Summer Youth Transportation Art Program to provide youth with employment,ent, training and experience in creating public art; and WHEREAS, PAG has set aside, and intends annually to set aside, throughout this AGREEMENT, Highway User Revenue Funds for public art the term of ects as part of the Summer Youth Transportation Art Program commencing p ro'� the summer of 2005 and each continuing calendar year thereafter throughout the term of this AGREEMENT; NOW, THEREFORE,both parties agree as follows: ARTICLE I TERM AND MAXIMUM AMOUNT: This term of this AGREEMENT shall extend from the date of signature by the PAG Executive Director and shall terminate on December 31, 2009 unless sooner further extended, pursuant to the provisions of Article V of this terminated, or unless within each calendar year PAG will solicit participation in the AGREEMENT. Early A lications to participate should be received by PAG by Program by PAG jurisdictions. pp March 1st. No work shall be undertaken until a Notice To Proceed (NTP) is issued by PAG. By signing this AGREEMENT, both Oro Valley and PAG acknowledge mutual completion and acceptance of the work undertaken during each understanding that, upon p p year of the programValley,Oro should it so desire, may respond to PAG's solicitationby applying to continueProgram participation during the succeeding year in accordance p p On Transportation Art Projects in existence at the time of with PAG's Policies p , preliminary approval and determination of eligibility of Oro Valley's application. Annual p ry pp proposed project(s) submitted under this Program shall rest with PAG's Transportation Planning Committee (TPC); final a roval of the ORO VALLEY'S proposed prodect(s) pp rests with the Arizona Department of Transportation (ADOT). Upon final approval from ADOT, PAG will promptly issue a Notice To Proceed. Maximump ayment under this contract is $125,000.00. ARTICLE II PURPOSE AND WORK STATEMENT: As approved each year by the Transportation Planning Committee. ARTICLE III Oro Valley's Duties Oro Valley shall provide the following services: 71 administer the project as approved by the Transportation Planning Committee each year. 1711 recruit youth from economically disadvantaged areas. El consult with the Development Services Staff and members of the Oro Valley Town Council and other involved parties in determining the precise nature and location of the completed project. CI provide for review and approval of the completed project by the Development Services Staff and the Oro Valley Town Council as well as other involved and Interested parties. El assume all responsibilities for the project, including cost and quality control measures for design and construction. El submit a final report to PAG detailing the results of the program for the subject calendar year. � submit confirming, complete and accurate invoices for reimbursement of expenditures incurred under this Program; such invoices shall be submitted to PAG monthly. Final invoice to be submitted within ninety (90) calendar days upon completion of the project. Invoices submitted later than ninety (90) days following project completion will not be paid unless PAG determines that extenuating circumstances prevail. O Applications should include a budget breakdown that provides a separate line item for youth stipends.Note: Pima Association of Governments (PAG) targets a minimum of 20% for youth stipends. O Final invoice should include a color photograph of the completed youth art project. O Each project should include a plaque on the completed Youth Art Project appropriated indicating funding support contributed by Pima Association of Governments. (PAG will provide plaques upon request.) ARTICLE IV PAYMENT: eachyear of this AGREEMENT shall be set by t A. Total payment for heto in Committee. Further, Oro Valley may elect Transportation Planning augment funds provided byPAG at the sole discretion of Oro Valley. e receipt of acceptable, properly completed B. PAG shall pay OroVally upon p invoices detailing project progress and expenditures. sole discretion to determine whether or not to pay for C.. PAG shall have work performed by Oro Valley prior to ratification of this AGREEMENT and to determine the amount of such payment. ARTICLE V TERMINATION /EXTENSION FOR CONVENIENCE PAG may, at any time and without cause, cancel this AGREEMENT by serving written notice of such intent to cancel. In event of such upon Oro Valley 30 days advance 's onlyobligation to Oro Valley shall be payment for services rendered cancellation, PAG g and maximum If mutually prior to cancellation. agreed by PAG and Oro Valley, the term amount of this AGREEMENT may be extended. ARTICLE VI CONFLICT OF INTEREST: This AGREEMENT is subject provisions ect to the of A.R.S. 38-511 which provides within itspolitical subdivisions or any department of either may, as follows: The State, three years after its execution, cancel anycontract, without penalty of further obligation, divisions or any by the State, its political subdivisions, of the departments or agencies of involved in initiating, negotiating, securing, drafting or either if any person significantly or the of the State, its political subdivisions any of creating the contract on behalf of agencies of either is, at any time, while the contract or any extension departments or effect, an employee or oy other party to the contract in any the contract is in agentf an to the subject consultant to capacity or a any other party to the contract with respect matter of the contract." ARTICLE VII ASSIGNABILITY: in this AGREEMENT, and shall not Oro Valley shall not assign any interestprovided, interestwithoutprior written consent of PAG thereto; Prov , transfer any in the same PAG under this due or to become due to Oro Valley from however, that claims for money ENT maybe assto a bank, trust company, or other financial institution AGREEM gnent or transfer shall be furnished such approval.pproval. Notice of any such assignor promptly to PAG. ARTICLE VIII INTEREST OF ORO VALLEY: has no interest and shall not acquire any interest, Oro Valleycovenants that it presently ance of conflict in anymanner or degree with the perform direct or indirect, which would aIle further under this AGREEMENT. Oro Valley services required to be performedhaving that in the performance of this AGREEMENT, no person ha g an y such interest shall be employed. ARTICLE IX FINDINGS CONFIDENTIAL: given to, Any reports, information, data, , prepared or assembled by Oro not which PAG requests to be kept as confidential shall Valley under this AGREEMENT q written individual or organization by Oro Valley without prior be made available to anyg unreasonablyor in shall not, however, withhold approval of PAG. PAG such approvals leases or releases of applicable Federal or Arizona State Law. Publicity re violation of information or publications concerning this AGREEMENT shall be coordinated with PAG prior to said release. ARTICLE X OFFICIALS NOT TO BENEFIT: No member of or delegates to the Congress of the United States of America, and no resident commissioner , shall be admitted - toshare or part of the AGREEMENT or any to any benefit to arise herefrom. ARTICLE XI • Provisions: Valleyagrees to abide by the PAG affirmative Affirmative Action Provisions. Oro g are Resolution# 84-4, dated November 21, 1984. These action policies as stated in PAG el Policies of the Pima Association of Governments as approved Included in the Personnel by the PAG Rg they Regional Council on November 21, 1984, and as ma y be amended. ARTICLE XII • Disabilities shall comply with all applicable provisions Americans with Act: OroValley of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101- 12213), andpp applicable Federal regulations under this Act. ARTICLE XIII NON - WAIVER one or more instances upon the full and The failure of PAG to assist in any take of the terms andprovisions of this AGREEMENT, to complete compliance with any or as a result thereof, shall not be construed as a waiver any action permitted the ri ht to insist upon full and complete performance of the same or relinquishment of g any other covenant or condition either in the past or in the future. ARTICLE XIV INDEMNIFICATION: each indemnify, defend and hold harmless their own Oro Valley and PAG shall y from and against any and all suits, actions, legal officers, employees and agents g claims or demands and costs attendant thereto, arising out of administrative proceedings, anyone or negligence by each party, its agents, any act, omission, faultemployees, or a 'on or control or on behalf in connection with performance of this under its directs AGREEMENT. ARTICLE XV SEVERABILITY: Each provision of this AGREEMENT stands alone, and any provision of this AGREEMENT found to be prohibited bylaw shall be ineffective to the extent of such ut invalidatin the remainder of this AGREEMENT. prohibition witho g ARTICLE XVI Funding for this AGREEMENT is being provided by the Arizona Department of Transportation. PAG has no funds of its own to pay for the work being done under this AGREEMENT, and therefore is not obligated to pay Oro Valley until PAG receives payment from the ADOT. Costs incurred by Oro Valley as the result of any changes by PAG and/or by Oro Valley outside the general Scope of this AGREEMENT will not be allowed for reimbursement under this AGREEMENT unless these changes and related costs have been approved by PAG in writing prior to incurring the costs. ARTICLE XVII Oro Valley shall obtain insurance as described below and keep such coverage in force throughout the life of the Contract. All policies must contain an endorsement providing that written notice be given to PAG at least ten(10) calendar days prior to termination or cancellation in coverage in any policy. Except for professional liability insurance, the liability insurance policy(s) shall include PAG as an additional insured with respect to liability arising out of the Contract. Oro Valley must agree that the insurance will be primary and that any insurance carried by PAG will be excess and non-contributing. Coverage Afforded Limits of Liability Worker's Compensation $100,000 Employees Liability Professional Liability $500,000. (Errors and Omissions) General Liability $1,000,000 Oro Valley must present to the PAG Procurement Officer written evidence (Certificates of Insurance) of compliance with these insurance requirements prior to the start of work and shall satisfy PAG regarding their adequacy. ARTICLE XVIII ENTIRE AGREEMENT: This AGREEMENT constitutes the entire AGREEMENT between the parties and shall not be modified, altered, amended, or changed except by mutual consent as indicated by signatures of the PAG Executive Director and authorized officials of Oro Valley IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the date signed by the PAG Executive Director. THE TOWN PIMA ASSOCIATION OF GOVT.S OF ORO VALLEY Gary G. Hayes EXECUTIVE DIRECTOR and not personally. APPROVED AS TO FORM: iL_____L --,31--- Elisabeth Uebel PAG Legal Counsel Date: L,2'Lk.' D4 TOWN OF ORO VALLEY 2 COUNCIL COMMUNICATION MEETING DATE: SEPTEMBER 15,2004 TO: HONORABLE MAYOR AND COUNCIL FROM: Susana Montana, Senior Planner SUBJECT: PUBLIC HEARING: ORDINANCE NO. (0) 04-25, OV9-04-05, DENNIS ST. JOHN, REPRESENTING BP MAGEE LLC, REQUESTS A REZONING FROM C-2 (COMMERCIAL) DISTRICT WITH CONDITIONS THAT RESTRICT RETAIL USES TO C-2 WITHOUT USE RESTRICTIONS, AFFECTING AN APPROXIMATELY 9 ACRE PROPERTY LOCATED AT THE SOUTHWEST CORNER OF ORACLE AND MAGEE ROADS, PARCEL NUMBERS 225-51-3880, 3890, 3900,3910 AND 3940. BACKGROUND: Site The 9 acre subject property ("site") is part of a 29.6 acre Oracle Crossing shopping center for which a Development Plan (DP) was approved by the Town Council on June 23, 2004 (OV9-03-14). The Oracle Crossing shopping center is part of a 40 acre portion of the 2003 Area B annexation. These 40 acres includes an existing shopping center (Entrada De Oro shopping center) at the southwest corner of Magee and Oracle Roads and the 29.6 acre vacant Oracle Crossing site just south of the Entrada De Oro center. The 9 acre site lies at the southernmost boundary of the Oracle Crossing center. Surrounding Uses The site is surrounded by the following uses: Direction Land Use . Zoning Immediately north Vacant with an approved Development Plan (DP) for the Oracle C-2 with conditions. of the 5 parcel site Crossing Shopping center. Proposed uses include retail shops, grocery store and restaurants. North of the Oracle Entrada De Oro shopping center with retail and restaurant uses C-2 with conditions for Entrada Crossing(OC) fronting on Magee and Oracle Roads; Carondalet Medical De Oro center; RS (Residential center Office building fronting on Northern Ave. and Magee Road. Service) for Carondalet medical office building South of the 5 A medical office building(Dentist office)to the east and a RS for both the Dentist office parcel site and OC residential complex(Desert Aire Lodge)to the west. and the residences center West of the 5 parcel Single-family detached homes on 1 acre lots (average) Pima County SR(Suburban site and OC center Ranch Residential)District East of the 5 parcel Oracle Road and to the east of that, developed and undeveloped RS site lots. The developed lots are in various retail uses. East of the OC Oracle Road and to the east of that, the Plaza Escondido C-2 Lcenter shopping center with retail, automobile service and restaurant uses. TOWN OF ORO VALLEY IOUNCIL COMMUNICATION, OV9-04-05 Page 2 Pre-Annexation Development Agreement (PADA) and Translational Zoning Action The larger 40 acre property is the subject of a Pre-Annexation Development Agreement (PADA) adopted by the g p p Y Town Council in 2003. The State-required "translational zoning" of the 40 acre site (0V9-03-05) took place in September 2003 and the new zoning, a C-2 District, was conditioned to reflect the agreements contained within the PADA (see Attachment 4 for details on the PADA and Translational Zoning actions). Condition Number 1 of the translational zoning limited the uses of the five subject parcels to uses permitted in the previous Pima CountyTR (Transitional) desi ation of those lots; those uses include office and residential use but not general � retail use. PROJECT SUMMARY The Applicant seeks to build retail uses on the former TR parcels. He is asking the Town to amend the current the OV9-03-05 translational zoning(Commercial) District zoning conditions, per action, to remove Condition Number 1 of that action. He requests that the remaining Conditions 2 through 6 of the OV9-03-05 translational zoning remain (see Exhibit A as Attachment 1). This change in the OV9-03-05 conditions of approval would allow retail uses on the five subject parcels; the remaining parcels of the center would be unchanged. ZONING CONFORMANCE: The Applicant requests a change to a previous translational zoning set of conditions of approval. This application for a change in conditions of a previous rezoning does not require submittal of a Site Analysis or Tentative Development Plan. In fact, the entire 29 acre Oracle Crossing shopping center has been the subject of a thorough site analysis and review of the Oracle Crossing shopping center Development Plan (DP) and Preliminary Plat (0V12-03-14) which was conditionally approved by Town Council on June 23, 2004. The approved DP shows seven buildings within the five parcel land area that is subject to the OV9-03-05 Condition Number 1 limiting retail use. The DP did not specify what land uses were proposed for those buildings. As shown on the DP, those buildings would be suitable for either retail or office use. Should the zoning condition change be approved, those seven buildings, which include Building Pads 6 through a portion of Building 12, could be occupied by a retail use and, if so, would continue to be consistent with the approved Development Plan. The DP, however, will likely need to be revised to reflect any conditions of approval placed on a future Conditional Use Permit (CUP) for a bank and/or a brake shop. GENERAL PLAN CONFORMANCE: The subject properties lie within an area designated on the current 1996 TOV General Plan as a "Neighborhood Commercial" land use, which would permit retail uses, such as grocery stores and drug stores, that tend to serve the surrounding neighborhoods. The Land Use Element of the General Plan (GP) seeks to promote a compatible mix of land uses throughout the Oro Valley Planning Area (Goal 1.2). Retail uses within a neighborhood shopping center would be compatible with this Neighborhood Commercial land use designation. Policy 1.2C of the GP states: "Utilize site analysis in determining appropriateness of development proposals for specific sites. • Require detailed site analysis for plan submittals. • Site analysis information shall be used as a criterion in deciding the approval or denial of land use proposals. TOWN OF ORO VALLEY 7O UNCIL COMMUNICATION, OV9-04-05 Page 3 • Site tours or inspections will be performed by the Planning Commission and Design Review Board when appropriate." In this regard, care should be taken when siting, and in considering, certain specific retail uses, such as those requiring a CUP in a C-2 District, that have the capacity to produce adverse noise, odor or other nuisance q impacts to nearbyresidents. These land use compatibility issues must be addressed in the CUP review process. p NEIGHBORHOOD MEETING: On July 26, 2004, the Applicant held a neighborhood meeting to discuss the rezoning proposal, two related pp Conditional Use Permit applications for a bank and a brake shop, to update the neighbors on the Project's tenancies and schedule, and to complete the selection of the colors for the Building 11 through 18 west elevation and sound wall. The Applicant explained that he sought a rezoning to remove the limitation on retail use for the southernmost 9 acres. He listed the retail tenants he is seeking for the various building pads throughout the center, including subject sub'ect 9 acres. One of the proposed retail uses for the southern parcels, a brake shop, is proposed for BuildingPad 10 which is the building closest to residents along Northern Avenue and W. Chapala p Drive. Ap izza restaurant is proposed for Building Pad 12 which is also close to Northern Avenue residents. Neighbors expressed concern with odors from the pizza place and noise from the brake shop. As the planner g attending the meeting, I explained that the requested rezoning of the 5 southernmost parcels to a C-2 District would remove the current retail limitation, but the Pima County CB-1 development standards requiring a misance noise mitigation plan and a nuisance odor mitigation plan would still apply to all 5 parcels. In addition, the rezoning to C-2 uses would require a Conditional Use Permit (CUP) for the bank and for the brake shop, each of which must be recommended by the Planning and Zoning Commission and approved by the Town Council. One of the criteria for granting a CUP by the Town is the finding that the use would not create a nuisance from noise, odor dust or glare. I explained that the Applicant would be asked to provide a noise analysis for the brake shop CUP, along with mitigation, if necessary. I explained that the pizza shop would require odor mitigation as part of the required Nuisance Odor Plan to be provided by the Applicant as a condition of approval of the shopping center Development Plan. Staff is in discussions with the Applicant to address noise concerns by the neighbors related to the brake shop. Those concerns would be addressed in the application for a Conditional Use Permit (CUP) required for an automobile service use in a C-2 District (case number OV8-04-03). For details on the comments made at the neighborhood meeting,please see Attachment 5. PLANNING COMMISSION ACTION On August 3, 2004, the Planning and Zoning Commission considered the request to eliminate the 2003 translational zoning Condition Number 1, and voted 6 — 0 to recommend Town Council approval, subject to the conditions of approval described in Exhibit A which carry forward the remaining 5 conditions of the translational zoning, OV9-03-05. SUMMARY OF FACTORS: Factors For: 1. The zoningcondition change for the southernmost 5 parcels within the Oracle Crossing shopping center would be consistent with the March 2003 PADA for the site (Resolution No. (R) 03-28), as well as with the TOWN OF ORO VALLEY OUNCIL COMMUNICATION, OV9-04-05 Page 4 March 2004 EDevelopmentAgreement A eement for the site (Ordinance No. (0) 04-14), both of which seek the development of a retail center for the site; 2. The proposed retail uses will generate tax revenues. The zoningcondition change for the subject parcels would be consistent with the approved Development 3. Plan (OV12-03-14) for the shopping center; 4. The request would be in conformance with the General Plan land use designation of Neighborhood Commercial, as well as applicable GP policies; q 5. The request would allow retail uses on the 5 parcels. Condition Number 3 of Exhibit A would continue the current requirement that places the parcels under the land uses allowed by the Town's C-2 District, although q the development standards of the County's CB-1 would continue to apply; those standards are limited to a minimum lot area and setbacks, and these have been addressed in the approved Oracle Crossing shopping center Development Plan of OV12-03-14. 6. Condition Number 4 of Exhibit A would continue the current overall limit on building heights within the center to 30 feet. This is more restrictive than the Pima County CB-1 development standard of 39 feet building pp heights. The approved Oracle Crossing Development Plan limits the building heights of the western elevation g of the westernmost Buildings 11 through 18 to 22 feet. 7. The C-2p rovisions of Condition Number 3 would require a Conditional Use Permit for a proposed bank Ind a proposed automobile service use within the 5 subject parcels. The Oro Valley Zoning Code Revised (OVZCR) procedures and standards, and required findings of fact for these CUP applications, are expected to provide sufficient means to mitigate potential impacts of those uses to adjacent properties. 8. Retail use on these five parcels, and within the 7 buildings shown on the approved DP, would generally be compatible with the adjacent residential uses, although certain uses permitted only as a Conditional Use may pose compatibility concerns or problems (please see Attachment 5 for neighbor concerns). Factors Against: 1. The removal of Condition Number 1 would allow retail uses, which generally have a greater impact on surroundingproperties than office uses. However, retail uses with the greatest impact, such as automobile services and restaurants with sale of alcohol and/or live entertainment, require a CUP. The CUP process provides opportunities for the Town to mitigate any potential impacts associated with the proposed use. SUGGESTED MOTIONS: I move to approve Ordinance No. (0) 04-25 , OV9-04-05, rezoning to C-2 District for Parcel Numbers 225-51- 3880, 3 890, 3900, 3 910 and 3940, subject to the conditions in Exhibit A. OR I move to approve Ordinance No. (0) 04- 25, OV9-04-05, rezoning to C-2 District for Parcel Numbers 225-51- 3880 3890, 3900, 3910 and 3940, subject to the conditions in Exhibit A and the following condition(s) OR I move to deny Ordinance No. (0) 04-25 , OV9-04-05, rezoning to C-2 District for Parcel Numbers 225-51- 3880, 3890, 3900, 3910 and 3940 finding that TOWN OF ORO VALLEY COUNCIL COMMUNICATION, OV9-04-05 Page 5 ATTACHMENTS: 1. Exhibit A 2. Ordinance 3. Property Location Map 4. Zoning Map 5. Oracle Crossing Development Plan 6. Legislative Background Information 7. Notes from the July 26, 2004 Neighborhood Meeting Plannin: : Zoni dministrator /, Co • u ity Devel l•ment Director r ii4 Town Manager F:\OV\OV9\2004\9-04-05\Reports\TC Report.doc EXHIBIT A OV9-04-05 Oracle Crossing Rezoning Conditions of Approval 1. The development of the following parcels shall be in accordance with the terms of the Pre- Annexation Development Agreement ("PADA") between B.P. Magee, L.L.C. and the Town of p � as Oro Valleyadopted byTown Council on March 31, 2003 by Resolution No. (R)03-28: Parcel p Numbers 225-50-0020, 225-50-0030, 225-50-0050, 225-50-0060, 225-51-3830, 225-51-3840, 225-51-3850 225-51-3860, 225-51-3870, 225-51-3920, 225-51-3930, 225-51-3880, 225-51-3890, 225-51-3900, 225-51-3940 and 225-51-3910. 2. The development of these parcels shall be in accordance with the Concept Plan attached to the PADA as "Exhibit B" and as may be approved by the Town's Development Review Board and Town Council. 3. The development of these parcels shall be in accordance with the applicable development standards of the Pima County Zoning Code ("PCZC") for a CB-1 zone as of October 2002, with the exception of Sections 18.77.030.C, Table 18.77.030 and 18.77.040 which shall not be applied to the development. Where the PCZC is silent, the standards of the Town of Oro Valley, as may be applicable and consistent with the Concept Plan attached to the PADA, apply. 4. Building heights shall not exceed thirty (30) feet per the Town of Oro Valley Zoning Code Revised ("OVZCR"), C-2 Commercial District Regulations, unless specifically stated by building and graphics in the PADA and the Concept Plan. 5. The Town shall permit development of convenience uses on the property consistent with the requirements imposed on such uses under the PCZC in effect as of October 2002. If certain convenience uses are not permitted under the PCZC in effect as of October 2002, but are permitted under the OVZCR, the OVZCR shall govern the development of such convenience uses, with the exception that the provisions of Article 10-4, Oracle Road Scenic Corridor Overlay District (ORSCOD), shall not apply. ORDINANCE NO. (0) 04-25 AN ORDINANCE TO AMEND THE ZONING FROM C-2 (COMMERCIAL) DISTRICT WITH CONDITIONS THAT RESTRICT RETAIL USES TO C-2 WITHOUT USE RESTRICTIONS, AFFECTING AN APPROXIMATELY 9 ACRE PROPERTY LOCATED AT THE SOUTHWEST CORNER OF ORACLE AND MAGEE ROADS, PARCEL NUMBERS 225-51-3880, 3890, 3900, 3910 AND 3940. WHEREAS, the five parcels are in single ownership and are included within a larger 29 acre Oracle Crossing shopping center for which a Development Plan and Preliminary Plat was approved by the Town Council on June 23, 2004; and WHEREAS, the five parcels were the subject of a 2003 annexation into the Town, and, on September 3, 2003, the Town Council approved a translational zoning for the entire 29 acre Oracle Crossing shopping center, plus an approximately 11 acre contiguous parcel to the north which is occupied by an existing Entrada De Oro shopping center; and WHEREAS, the translational zoning included six conditions of approval which reflect similar conditions cited in a March 2003 Pre-Annexation Development Agreement (PADA) approved roved by the Town Council by Resolution No. (R) 03-28 for the 40 acre property; and WHEREAS, Condition Number 1 of the translational zoning limited retail use on the five subject parcels; and WHEREAS, the Applicant seeks to develop retail uses on the subject parcels which would be consistent with the building pad locations and parking configuration noted on the approved Oracle Crossing Development Plan; and WHEREAS, the removal of Condition Number 1 of the OV9-03-05 translational zoning action of September 3. 2003 would allow retail use on the subject parcels which would be consistent with the approved Oracle Crossing Development Plan, the conditions of the March 2003 PADA, and the remaining five conditions of the September 2003 translational zoning action; and WHEREAS, on August 3, 2004, at duly noticed public hearing, the Planning and Zoning Commission, in accordance with State Statue, considered the zoning request to remove Condition Number 1 of OV9-03-05 and voted 6 to 0 to recommend conditional approval of the zoning amendment, the conditions being the retention of the remaining five conditions of OV9-03-05; and WHEREAS,the Oro Valley Town Council has considered the requested zoning amendment at a duly-noticed public hearing and finds it is consistent with the Town's General Plan and Ordinances. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY: SECTION 1. That the zoning designation for Parcel Numbers 225-51-3880, 225-51- 3890, 225-51-3900, 225-51-3910 and 225-51-3940 be amended from C-2 District with six conditions to C-2 District with the five conditions set forth in Exhibit A to this Ordinance. SECTION 2. That all ordinances and parts of ordinances in conflict herewith, and the same are hereby repealed to the extent of such conflict. SECTION 3. That this ordinance and the various parts thereof are hereby declared to be severable. If any section, sub-section, sentence, clause,word or phrase of this ordinance is, for any reason, held to be unconstitutional, such holdings shall not affect the validity of the remaining portion of this ordinance. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona, this 15th day of September, 2004. ATTEST: Katheryn E. Cuvelier, Town Clerk Paul H. 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Or '.'lik "7- 11 , is ., ; .. ....„ a, - .... ,.., ,.. ... '? 2 , p L.',. --..-- ea 4' Mir 'NI"- / ifs$ ce I.• � - ,LL'�c5 M„�,Lt.6PS o o i o o n $ N n r. Q `i ATTACHMENT 4 TO OV9-04-05, ORACLE CROSSING REZONING: Background on Previous Pima County Rezoning and Development Approval, Town Pre- Annexation Development Agreement, and Town Translational Zoning Actions Previous Pima County Rezoning Action A 1995 County rezoning (Ordinance 1995-89) rezoned a portion of the site which faces Northern Avenue along the length of the site, as well as the southernmost portion of the site, from SR- Suburban Ranch residential zone and TR-Transitional zone (a mixed use zone) to the TR and CB-1 (Local Commercial) that the site currently holds. This rezoning was conditional on providing certain infrastructure improvements (transportation, flood control, wastewater management) as well as providing native plant preservation and archaeological resource preservation efforts. There were conditions requiring a screen wall along Northern Avenue, limited vehicular access to Northern Avenue and a discussion about building heights in relation to topographic elevations. Most of those conditions were addressed in a pre-application development plan for a proposed expansion of the shopping center, as is discussed below. Previous Pima County Development Plan Approval In 1995, the County approved an office subdivision for the TR zoned portion of the site. This office complex, called Oracle Village", was not developed and the current owners have reconfigured the property into a new Preliminary Plat (0V12-03-14) which reflects the June 23, 2004 Town Council approved Development Plan. Town of Oro Valley Pre-Annexation Development Agreement(PADA) A common practice, over the Town's history of annexations, is the adoption by Town Council of a pre-annexation agreement on specific parcels within a larger area that is proposed to be annexed into the Town. Typically, this happens when a particular property owner has an approved County rezoning plan or development plan which they seek to retain development rights enabled per the County Codes. The annexation of property subject to this translational zoning included a Pre- Annexation Development Agreement (PADA). The project site lies at a very visible, heavily- traveled and centrally-located intersection, at Magee and Oracle Roads. The Town Council, the property owners and proposed developer seek a quality expansion of the shopping center that occupies the northeastern portion of the site. The PADA includes attachments ("Exhibits") that describe (1) a development "Concept Plan" outlining, in general fashion, the land uses, the intensity of land uses, and a site plan and circulation system for an expanded shopping center("Exhibit B" of PADA); (2) a set of building elevations which show, conceptually, the massing of the new buildings and a maximum building height of thirty(30) feet("Exhibit D"); and (3) a set of development standards to be used when measuring zoning compliance of a development project ("Exhibit C—Town Conditions"). The"Town Conditions" state • the development shall meet applicable development standards of the Pima County Zoning Code(as of October 2002); • where the County Code (PCZC) is silent, the standards of the Town of Oro Valley Zoning Code (OVZCR)may be applied to the project, consistent with the Concept Plan attached to the PADA; and • the project may conform to OVZCR standards with regard to convenience uses on the property. Town of Oro Valley Translational Zoning Action On April 7, 2003, the Town of Oro Valley annexed the approximately 40 acre above-referenced group of properties (Ordinance No. (0)03-9). In accordance with State Statutes, the Town is required to change, or "translate" the zoning on the annexed properties from its original zoning designation to the closest comparable Oro Valley zoning designation. The Pima County zoning designation for this property was CB-1 (Local Business) Zone for 11 parcels and TR (Transitional) Zone for the 5 southernmost parcels within the site. The Pima County CB-1 zone allows residential, institutional, lodging, retail, automobile service, food service, personal service, medical services, office, business service research and development and some trade uses. Shopping centers are allowed in the CB-1 zone. The Pima County TR zone allows residential, institutional, lodging, retail, office, personal service, and research and development uses; all when located within an enclosed structure. Food service and general retail use is not permitted. The Town of Oro Valley (TOV) C-2 zone allows retail, food service, bars without live entertainment, medical and personal services, lodging, movie theaters, theater and dinner entertainment, office and business service. Residential uses are not permitted. With the PADA conditions in mind, the most similar Oro Valley zoning district to the County's CB-1 zone is the Town's C-2 (Commercial District) zone with the Exhibit C ("Town Conditions") of the PADA incorporated as conditions of the translational zoning. Because the Pima County TR zone did not allow retail use, except as accessory to a hotel use, a Condition Number 1 was added to the translational zoning conditions which limit the 5 former TR parcels to TR uses. Condition Number 1 stated: "Uses on the former TR Parcel Numbers 225-51-3880, 225-51-3890, 225-51-3900, 225-51-3910 and 225-51-3940 shall include those uses allowed in the Pima County TR Zone." The current OV9-04-05 rezoning request would remove that Condition Number 1 limitation on retail use for those 5 former TR parcels. The following remaining translational zoning conditions (as shown in Exhibit A, renumbered) would continue to apply to the OV9-04-05 rezoning. Attachment 5: Notes from July 26, 2004 Oracle Crossing Neighborhood Meeting. July 27, 2004 Notes from Planner Susana Montana 1. The neighbors along Northern, Chapala, Harelson and, even, Paseo Del Norte are looking forward to the presentation by the Applicant and Public Works on the hydrology. Since those folks are in the County, it may be helpful to have a Pima County Flood Control/Wastewater person attend as well. They are worried about their downstream properties. Also, it may be wise to have the meeting before the Improvement Plan is set in stone and approved because we may want to change things a bit after hearing their comments and concerns....just a thought. Also, please be sure to invite Ms. Marie Conti of Paseo Del Norte to that presentation. 2. Concern with sign size and color. Will the Town allow red on the BrakeMax sign? 3. Concern with noise from pneumatic tools of Brake Max. I said Planning would need a noise study. Dennis asked if the noise study could be done, not before Planning Commission but before Town Council review because of the time it would take. I said that I thought we could make it a condition of approval for PZC and the Project could include any further mitigation, if necessary, prior to Council review. The neighbors seemed to think that would be OK. They offered some suggestions for mitigation (see Donna's notes). 4. Odors. I explained that the rezoning of the southern parcels would not remove them from the Pima County CB-1 noise and odor control standards; the neighbors were relieved of that. They are worried about the odors from the proposed Pizza place. I said that the Applicant is required by the Development Plan conditions to submit an Odor Mitigation Plan; this plan would include mitigation measures such as ventilation scrubbers for restaurants. 5. The group was very interested in participating in a Save A Plant event on site prior to the Applicant's massive salvage and site prep. In October. They want to get State permit "tags"to adopt some plants not only for their homes but for the Northern Avenue right of way on the western side of the road. I cautioned them about that because someone would have to put in an irrigation system for the plants until they settle in. They then looked at Dennis, but he declined to take on that effort. It may be that the neighbors will come in to the Town to ask for a license to plant in the unpaved Northern Avenue. western right of way(in front of their homes), wherein they will water and care for the plants. Dennis said he would sign the permit for the State tags, as the property owner. We may need to help organize getting the permits & tags as part of the Save A Plant event. 6. Lastly, the neighbors are happy with the colors of the sound wall and west elevation of buildings. They are satisfied with the rezoning standards of the Town (CUP requirements) and the County CB-1 zoning (noise and odor). They did not ask for any additional rezoning conditions or CUP conditions, although they await the brake shop noise study. They left the meeting with what appeared to be a common sentiment of"now, go ahead and build it". July 26, 2004 Notes from Ms . Donna Heidinger, La Canada/Magee Neighborhood Association representative, 07-26-04 - 7 PM, St Odilia' s Library - notes Present : Dennis (Project Manager) , Susana (OV Planner) , Thomas (Architect) , & neighbors Dennis announces upcoming Town Meetings : August 3 , P&Z, 6 PM, OV Town Council Chambers August 10 , DRB, 6 PM, OV Town Council Chambers Sept 7, P&Z, 6 PM, OV Town Council Chambers RE : August 3 Meeting; Oro Valley Planning & Zoning 10 of the 30 acres have restrictions put on the translational C2 zoning to reflect the original TR County Zoning . This purpose of this meeting is to lift those restrictions to enable retail on those parcels . Planned along Oracle Road are : Pad #6 - another full scale 6000 sq ft full service restaurant Pad #7 - 7000 sq ft upscale jeweler Pad #8 - (southernmost corner of shopping center) National Bank w/drive thru - will require Conditional Use Permit (CUP) from OV for drive-thru On the southern border of the development : Pad #9 - 2-story office bldg for OVPD, etc . , on hold due to lack of town finances Pad #10 - (backs up to Northern Ave wall) - BRAKE MAX Hours of operation 7 AM to 7 PM Same as the store at Rooney Ranch (Oracle Rd. at Pusch Ridge) No work to be permitted outside the bldg Bay doors will all face Oracle Rd - solid back wall Resident asks about noise from pneumatic tools : Dennis answered that any noise would be at the front of the bldg Resident questions sign colors red & yellow: Dennis replied that colors will be discussed at the OV Sign Review Meeting (date?) Resident question necessity of sign on north side of bldg - will be above the 10 ft wall and be visible to the neighborhood - is it necessary? Dennis agreed to inquire about omitting that sign Resident questions noise reduction - doors? Dennis notes that in good weather, they do business with those doors open PAD #11 - north of Brake Max - PETER PIPER PIZZA Residents ask for odor scrubbers PAD #12 - Pools & Pool Supply PAD # 13 - SPROUTS WHOLE FOODS - to open Sept 2005 PAD #14 - home goods store - nice store - owned by TMAX PAD #15 - 18 , 000 sq ft furniture store PAD #16 - {either #16 or #17 is PAD #17 - { a 40 , 000 sq ft Sporting Goods Store PAD #18 - on the north side of the new development, length running E/W - unsure, could have been a hotel but 2-story limit was a deterrent - also, hotel could have lighting that may affect neighbors PAD #1 - on Oracle - small bldgs - bagel & coffee shops PAD #2 - PAULEY' S (sp?) - similar to PF Chang ' s but less expensive PAD #3 - multiple small retail shops PAD #4 - PANDA STIR FRY & SPARKLE CLEANERS, 1 space here still vacant PAD #5 - CARRABAS (sp?) RESTAURANT 07-26-04 - 7 PM, St Odilia' s Library - notes - page 2 Resident question length of minimum lease : Dennis explains that for small shops : 3-5 years For bigger stores : 10 years Grocer - 15 year lease (they are bld' g their own store, as are Pauley' s and Carrabas) PAD #18 - not sure yet Resident asks about the existing Fry' s, whose physical appearance is waning Dennis explains that their lease is up Oct 2005 Fry' s has a 5-year option to renew Thinks that maybe they won' t renew as they would need to invest 300K to bring store up to OV Code On Oct 1, 2004, B P Magee will execute purchase of undeveloped parcels Wall along Northern and vegetation, trees along Northern will go in first Developer will maintain vegetation and maintenance of landscaping and sidewalk area RESIDENTS INTERESTED IN PARTICIPATING IN SALVAGING CACTUS FROM PARCEL MUST OBTAIN PERMIT AND THEN REGISTER FOR "SAVE A PLANT" EVENT TO BE HELD ON A SATURDAY IN SEPTEMBER AT 6 AM CALL SUSANA MONTANA AT OV FOR INFORMATION ON HOW TO OBTAIN PERMIT AND REGISTER FOR EVENT - 229-4814 OR EMAIL smontanatorovalley.net Re : August 10 Meeting, Oro Valley Development Review Board To present elevation and colors for west side of development . Dennis had three color boards (paint and split-face block) from which to choose - Marty had reviewed these colors during the daylight and marked which colors matched the surrounding area and the mountain backscape the best . Residents requested colored block on the smooth part of the wall (about 80%) instead of painted block. Dennis agreed. Residents requested that split-face block be more than 20% . Dennis agreed to split-face block being the top 1/3 of the wall . Top wall edge will be patterned varied height, not varying more than approximately 8" from the established 10 ft height of the wall . Residents agreed to the selection of colors that Marty made during daylight (2 colors of paint, 2 colors of block, not all from the same palette) . Dennis will submit colors that residents chose . Backside of the buildings (side that faces Northern Ave) will be painted with color (s) selected by residents (see preceding paragraph) . Re : September 7 Meeting, OV Planning & Zoning This meeting is a follow-up to the August 3 meeting, which enables retail use on the parcels . At this meeting, developer will request Conditional Use Permits for the development, i .e . , permit for the drive-thru for the bank. Sound analysis will be required for the Brake Max, and Peter Piper Pizza will require odor scrubbers as per the Pima County Commercial Design Manual . It was noted that Checker & Canyon Bank own their own bldgs & pads ; KFC and Taco Bell have land leases, and eegee' s will be giving their bldg a facelift . July 27, 2004 Notes from the Applicant, Mr. Dennis St. John of B.P.; Magee, LLC Comments I made to Donna, Dennis Original Message From: Dennis St John Sent: Tuesday, July 27, 2004 12:01 PM To: 'LCMNA2@aol.com' Subject: RE: Notes on 7-26 Mtg at St. O's Comments: The OV sign Meeting is not set yet; was discussed at August 10 but I think it will slip to Sept. 14. No comments back from town yet. Pad 14: I would say"similar to stores" owned by TJ Maxx. Pad 17: Lower case 'sporting goods store'. Pad 2: Paul Lee's Pad 5: Carrabba's August 10th meeting: Discussions on the pattern were for the top 1/3 of the wall; the will still be a uniform 10'-0" height but the pattern will be more varied then what was presented. Sept 7th meeting: Peter Piper Pizza is not on that agenda; only NBA and the BrakeMax. Seems like a good report. Thanks for you contributions. 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Oro Valley Limits Text index Street Name.(9/2 000) Streets Rancho Vistoso PAD Neighborhood Number Parcels-OrthOphoto OV Zoning I P05 IRI-144 N I R1-72 I R1-43 J R1-36 I R1-20 I R1-10 I R1-7 I 5-6 \J"iilifilft...- _ SOH6 I 5-4 5 w --Ngpp-- ,...„„4., E _I PS&C JR-3 I C-N 1c-1 I-1 C-2 I I T-P I I PAO r, I COUNTY 13 TOWN OF ORO VALLEY STAFF REPORT TO TOWN COUNCIL MEETING DATE: September 15, 2004 TO: HONORABLE MAYOR& COUNCIL FROM: David Ronquillo, Planner SUBJECT: OV12-04-06, CPE CONSULTANTS, REPRESENTING MCKESSON CORPORATION, REQUESTS APPROVAL OF A PRELIMINARY PLAT FOR 16 SINGLE FAMILY LOTS; LOCATED 1/8 MILE WEST FROM THE INTERSECTION OF LA CANADA DRIVE AND LAMBERT LANE WITHIN THE EL CONQUISTADOR PLANNED AREA DEVELOPMENT, PARCEL 224-24-1570 BACKGROUND: CPE, representing Mckesson Corporation, requests Town Council approval of a Preliminary Plat for a 16 lot single-family subdivision. The site consists of 9.46 acres and the zoning is El Conquistador Country Club PAD within Development Area B. SUMMARY: the plat will consist of custom graded lots ranging in size from 12,472 sf. to 14,949 sf. The maximum area to Je graded within each lot has been specified on the plat. The site slopes gradually from the north to the south approximately 15'. Overall, the site has been adequately designed in a manner to preserve the sloped areas to the east and the wash to the west. The following are the surrounding land uses: Zoning Land Use North PAD Single Family Residential—Canada Hills Parcel K Subdivision South R1-36 Single Family Residential—Rancho Feliz Subdivision East PAD Commercial—Walgreen's West R1-144 Rural Low Density Residential - Future Phase of Lambert Lane Park The following are the subdivision statistics: Proposed Density 1.69 DU/ac No. of lots proposed 16 Average lot size 13,643 square feet ZONING CODE COMPLIANCE: The proposed Preliminary Plat is in conformance with the OVZCR. TOWN OF ORO VALLEY 'OWN COUNCIL STAFF REPORT Page 2 El Conquistador PAD This property is located within Development Area B, which allows for residential dwelling units with accessory structures, recreation, social centers, clubhouse and related golf facilities. The proposed residential subdivision is a permitted use within this development area and meets all development standards for Area B, specifically: Minimum lot size None Maximum lot size None Building Height 38' except when a structure is within 25' of the PAD boundary in which case it will not exceed 2 stories. Setbacks (Front, Side, Rear) 20' adjacent to Public Roads, 0' Side and Rear and 25' adjacent to PAD boundary Recreation Area As outlined in the Zoning Code, a recreation area is required at a rate of one acre for each 85 dwelling units. An optional method is also provided, which allows for an in-lieu fee and requires Town Council approval. Due to the close proximity of the future phases for the existing Lambert Lane Park to the west, the applicant wishes to utilize the optional method for this subdivision. The in-lieu fee would be used to fund future Town recreation facilities and would be based on the .19 acres (8,276 sf.) of recreation area that is required for this subdivision. The Code sets forth evaluation criteria for Council to use when considering an alternative recreational area proposal and suggests that a decision be made based on the following: a. The impact on the property resulting from a change in the standard recreational space requirements. b. The advantages and disadvantages of the proposed alternatives. c. The benefits afforded by the housing project from the alternative proposal. d. Relative values to the community afforded by the alternative proposal, as compared with standard requirements. e. If the subdivision contains 20 parcels or less, the subdivider shall pay a fee equal to the land value, as determined by the fair market value. f. The subdivision is adjacent to an existing Oro Valley Park. In sum, Planning Staff and the Parks and Recreation Administrator recommend that an in-lieu fee be utilized because this plat is directly adjacent to the future phases of the Park and development of a 8,276 sf. internal recreation area would provide marginal space for activities. The in-lieu fee agreement must be resolved prior to Town Council review of the final plat. Condition#2 has been added for this to be achieved. Bufferyards The landscape plan for this project is currently being reviewed and is tentatively scheduled for the September 14th DRB meeting. The following bufferyards are required and provided; North— none required, a landscaped common area is provided along the southern portion of the property line of the adjacent subdivision, which provides a buffer from this parcel. F:\ov\ovinoo4\ov 1 2-04-06\reports\PPTC.RPT.doc TOWN OF ORO VALLEY )WN COUNCIL STAFF REPORT Page 3 South—25' landscaped bufferyard"B" required and provided. East— none required, existing hill will be preserved in place. West— none required, existing wash area will be preserved in place. Design Guidelines The following Oro ValleyZoning Code Revised Design Guidelines are noteworthy: • "Theara es should consist of not more than 50% of the total building frontage. " g g thisIn particular subdivision, the lot widths are sufficient to allow ample area to meet the intent of these guidelines. • "Vary individual street character through the use of setbacks and architectural treatments". Staff will recommend for the front facades and garage placement to vary once the architecture is submitted for these homes. • "Detention basins should appear natural looking". Theproposed osed detention basin adjacent to the roadway will be adequately screened by placing dense p vegetation alongthe perimeter. The basin will blend in with the natural contours of the area and appear g natural looking. • "Buildingprojects that are proposed within an existing context of buildings will be compatible with the p p existing structures". 1. Thero osed subdivision will be developed at a lower density than the subdivision to the north p p (Canada Hills Parcel K),which consists of lots approximately 6,500— 8,000 sf. in size. 2. The proposed subdivision is 6' lower than the existing subdivision. 3. An adequate landscape buffer has been provided between the existing and proposed use. 4. Only single-storybuildings are proposed within this subdivision, which is compatible with the adjacent homes. Schools This project was transmitted to the Amphitheater School District and comments were received on June 22, � 2004. The school district and the developer are in the process of negotiating an agreement (see attached letter). Archaeological Requirements Arizona State Museum (ASM) and comments were received on June 14th This rodect was transmitted to the p resources were found on site; however, the ASM recommends for the site to be resurveyed No archaeological becau survey se the lastwas done in 1984. Within such a lengthy time period, erosion can potentially reveal Archaeological ical resources. The applicant is currently working with ASM to resurvey the property. Condition #1 has been added for this to be achieved prior to final plat review. F:\ov\ovinoo4\ov 12-04-06\reports\PPTC.RPT.doc TOWN OF ORO VALLEY 'OWN COUNCIL STAFF REPORT Page 4 Traffic Access to the subdivision is through an entrance off of Lambert Lane. A deceleration lane for west bound traffic and a left turn lane for east bound traffic will be constructed on Lambert Lane for the subdivision entrance. The subdivision will have private interior roads and be gated. The existing and proposed area highway network has been designed to incorporate traffic that is generated by this development. Drainage Existing drainage patterns from the north to the south will be maintained. Onsite and offsite drainage will be conveyed through the site via roadways, sidewalk scuppers, drainage-ways and culverts. A detention basin will be constructed at the southwest corner of the project. The basin will capture the increased drainage flow due to the project and release it to the existing drainage ditch located along the west edge of the property in a manner to ensure that the post development flows are the same or less than the predevelopment flow. Grading This project will be custom graded lots. A type 1 grading permit is needed to construct lot pads while a type 2 grading permit is required to construct drainage facilities, utilities, streets and any walls necessary to construct the improvements. PUBLIC NOTIFICATION AND COMMENT: This project has been noticed in accordance with the Town Policies. To date, no comments have been received from surrounding residents. DEVELOPMENT REVIEW BOARD ACTION: At their regular meeting of August 10, 2004 the Development Review Board conditionally approved (5 - 0) the preliminary plat for this project. GENERAL PLAN CONFORMANCE: Staff has evaluated this proposal with regards to the General Plan. This site is designated as Neighborhood Commercial, which consists of"commercial areas located at the intersection of arterial roadways with proximity to residential areas and include uses such as grocery stores, drugstores that tend to serve the surrounding neighborhood". As a result, the zoning and proposed use do not conform with the General Plan designation. In this case, Staff works with the applicant to bring a project into conformance; however, hard zoning takes precedence over a General Plan designation. F:\ov\ovinoo4\ov 1 2-04-06\reports\PPTC.RPT.doc TOWN OF ORO VALLEY 'OWN COUNCIL STAFF REPORT Page 5 In particular, Policy 9.1E applies; "All development proposals should design strageties used to minimize changes to the existing topography and the disturbance of existing vegetation". The wash area along the west side of the property and the hill along the east side of the property have been maintained in their natural state. SUMMARY OF FACTORS: Factors For: 1. The site has been adequately designed in a manner to preserve the sloped areas to the east and the wash area to the west. 2. Grading restrictions have been placed on every lot within this subdivision to minimize disturbance. 3. The design is compatible with the layout of the subdivision to the north. 4. The proposal meets all applicable General Plan Policies. Factors Against: 1. The zoning and proposed use do not conform with the General Plan designation; however, hard zoning takes precedence over a General Plan Designation. SUGGESTED MOTIONS: move to approve OV 12-04-06, Preliminary Plat for Uplands at Lambert Lane, with the conditions attached in xhibit A. OR I move to approve OV 12-04-06, Preliminary Plat for Uplands at Lambert Lane with the conditions attached in Exhibit A and the following added conditions: . OR I move to deny OV 12-04-06, Preliminary Plat for Uplands at Lambert Lane, finding that: . Attachments: 1. Exhibit "A" 2. Preliminary Plat 3. Developer's response letter to School District i kItL._ Pla 'Olis d on Ad inistrator Co. cy / , - ! nity De elOpment Director icAAted-------- Town Manager cc: Rose Pina Fax: 545-7003 F:\ov\ovi2\2oo4\ov 1 2-04-06\reports\PPTC.RPT.doc EXHIBIT A OV12-04-06 UPLANDS AT LAMBERT LANE 1. The developer must resurvey the property in accordance with the comments submitted by the Arizona State Museum prior to final plat review. 2. The in-lieu feero osal for this subdivision must be approved prior to Town Council review p p of the final plat. 3. Provide verification that the weir for the detention pond is sized correctly. 4. Provide a bleeder pipe for the detention basin. 5. Provide calculations that show the detention basin drains completely in 12 hours. ., c p - TANTS ENGINEERING PLANNIN SURVEYING. .. August 17, 2004 Mr. Ken Scoville District/Community Development Liaison, Office of Legal Counsel Amphitheater Public Schools 701 W. Wetmore Tucson, Arizona 85705 RE: OV 12 04 06, PRELIMINARY PLAT FOR UPLANDS AT LAMBERT LANE CPEC Project No. 132 Dear Mr. Scoville: and I receivedyour letter to Rose Pina, CPEC, and the proposed Agreement As you know, Bud Cardinal regarding payments of$1,200 per issue to the District. We would like to discuss this further with you early next week. addressespayment through the rezoning process. We are not in that process We note that your letter p Y In we plat for 16 lots rather than the 24 lots previously authorized. effect, and, in fact, have prepareda 13 students. are downzoning. In addition, we are only generating a possible school load of Nevertheless, wpp e feel it would be appropriate to negotiate an Agreement with you. Can we meet at your office next Tuesday 11 AM? Please confirm. Thank you for your consideration, Ken. Sincerely, CPE CONSULTANTS, LLC W I i 14%4 •on Asta Director of Private Development cc: Bud Cardinal File 1555 East Broadway Blvd •Tucson, Arizona 85719 P.Vobs\l32 McKesson\correspondence\scoville081704.doc Phone: 520.545.7001 • Fax: 520.545.7003 u 4. t, AUG 1 9 2004 ( M r\.,00�\IJY MCMVOn\000\IMrtGIM rtOC\+J'[-IMROGW-r'fOL;!_.TrG., ',o/IJ�(VW Or IV:1L/lY. 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(0) 04- 26 , AMENDING SECTIONS 3-1-1 AND 3-1-4 OF THE TOWN CODE BY CHANGING THE APPOINTMENT PROCESS FOR THE OFFICE OF THE TOWN ATTORNEY FROM THE TOWN MANAGER TO THE ORO VALLEY TOWN COUNCIL SUMMARY: This agenda item is sponsored by Council Member Gillaspie. Appointments to the office of the Town Attorney are currently made by the Town Manager under Oro Valley Town Code Sections 3-1-1 and 3-1-4. The Council has indicated an interest in reviewing the current process in order to determine if appointments to the office of the Town Attorney should be made by the Council. Cities and towns throughout Arizona are divided between having the town attorney appointed by the council or the manager, although a slight majority of municipalities have appointments made by the council. Attached is a Memorandum dated September 8, 2004, from the Town's Human Resources Director to the Town Manager which contains the results of a survey conducted of the 87 cities and towns in Arizona. Also attached is an Ordinance that would change the appointment process from the Town Manager to the Council. RECOMMENDATION: In the event the Council determines to change the appointment process, it is requested that the Town Attorney position be annually evaluated jointly by the Town Manager and Town Council, as the Police Chief is currently. I believe it is important to the continued effective and efficient operation of the Council/Manager form of government that the Town Attorney remains an active member in and contributor to the management team. Joint evaluation by the administrative branch and legislative branch of the town government will assist in accomplishing this organizational goal. ATTACHMENTS: 1. Memorandum dated September 3, 2004, from the Town's Human Resources Director to the Town Manager(Survey) 2. Ordinance No. (0) 04- 26 , Amending Sections 3-1-1 and 3-1-4 of the Town Code by Changing the Appointment Process for the Office of the Town Attorney from the Town Manager to the Oro Valley Town Council TOWN OF ORO VALLEY Page 2 of 2 7OUNCIL COMMUNICATION MEETING DATE: 09/15/04 SUGGESTED MOTIONS: I move to adopt Ordinance No. (0) 04- 26 , Amending Sections 3-1-1 and 3-1-4 of the Town Code by Changing the Appointment Process for the Office of the Town Attorney from the Town Manager to the Oro Valley Town Council OR I move to deny Ordinance No. (0) 04- 26 , Amending Sections 3-1-1 and 3-1-4 of the Town Code by Changing the Appointment Process for the Office of the Town Attorney from the Town Manager to the Oro Valley Town Council litatif Chuck Sweet, Town Manager MEMORANDUM TO: Chuck Sweet, Town Manager )()V,Ifij (\\34 , FROM: Jeff Grant, Human Resources Director DATE: September 8, 2004 SUBJ: Reporting Relationships for Arizona City/Town Attorneys Atour request the Human Resources staff conducted a telephone survey of members of Y q the Arizona League of Cities and Towns to determine the reporting relationships for their City/Town Attorneys/ The telephone calls were made during the week of August 30- September 3, 2004. In short, we asked, "To whom does the Attorney report?" Because of the League Conference we were flexible with our points of contact at the various jurisdictions. Usually, our contact were with the legal staff, human resources staff, or Town Clerk staff, dependent on who was available. In summary, 80 of the 85 incorporated jurisdictions in the state responded. There responses were: City/Town Council- 42 City/Town Manager- 31 Council AND Manager- 7 No Response- 5 Please feel free to contact me if you have any questions. Town Attorney Survey September 2004 Is Attorney an.Employee CITY OR.TOWN.CO Municipality Populti *. ar Retained by ortrt' MAYOR . Tucson 486,699 CONTRACT MAYOR AND COUNCIL Mesa 397,776 EMPLOYEE CITY COUNCIL Scottsdale 202,705 EMPLOYEE _CITY COUNCIL Chandler 176,581 CONTRACT _CITY COUNCIL Tempe 158,625 CONTRACT CITY COUNCIL Gilbert 109,697 CONTRACT TOWN COUNCIL Yuma 77,515 EMPLOYEE CITY COUNCIL Flagstaff 52,894 CONTRACT CITY COUNCIL Sierra Vista 37,775 CONTRACT MAYOR & COUNCIL Apache Junction 31,814 CONTRACT MAYOR & COUNCIL Casa Grande 25,224 EMPLOYEE MAYOR AND COUNCIL Kingman 20,069 CONTRACT TOWN COUNCIL Goodyear 18,911 CONTRACT CITY COUNCIL Douglas 16,523 EMPLOYEE MAYOR AND COUNCIL Paradise Valley 13,664 CONTRACT CITY COUNCIL Payson 13,620 EMPLOYEE CITY COUNCIL Eloy 10,375 CONTRACT CITY COUNCIL Winslow 9,520 EMPLOYEE CITY COUNCIL Camp Verde 9,451 CONTRACT CITY COUNCIL Chino Valley 8,167 CONTRACT TOWN COUNCIL _El Mirage 7,609 CONTRACT MAYOR AND COUNCIL Page ,6,809 EMPLOYEE MAYOR AND COUNCIL Bisbee 6,090 CONTRACT CITY COUNCIL Holbrook 4,917 _CONTRACT TOWN COUNCIL 9 Ea ar 4,033 CONTRACT CITY COUNCIL Litchfield Park 3,810 CONTRACT MAYOR AND COUNCIL CONTRACT (not an Cave Creek 3,728 Employee) CITY COUNCIL Clarkdale 3,422 CONTRACT TOWN COUNCIL Quartzsite 3,354 EMPLOYEE MAYOR AND COUNCIL Colorado City 3,334 CONTRACT TOWN COUNCIL Sahuarita 3,242 CONTRACT CITY COUNCIL Pima 1,989 CONTRACT TOWN COUNCIL Gila Bend1,980 CONTRACT TOWN COUNCIL _ Miami 1,936 CONTRACT CITY COUNCIL Wellton 1,829 CONTRACT TOWN COUNCIL Mammoth 1,762 CONTRACT CITY COUNCIL Huachuca 1,751 CONTRACT TOWN COUNCIL Tombstone 1,504 CONTRACT MAYOR AND COUNCIL Hayden 892 CONTRACT TOWN COUNCIL Patagonia 881 CONTRACT MAYOR AND COUNCIL Duncan 812 CONTRACT CITY COUNCIL Winkelman 443 CONTRACT MAYOR AND COUNCIL Town Attorney Survey September 2004 r „ . ., } . - CITY OR TOWN COUNCIL .1s Attorney an Employee AND CITY OR TOWN •t.: Munici*i' 'i Population* or Retained.by Contract. CITY COUNCIL AND CITY Prescott 33,938 EMPLOYEE MANAGER TOWN MANAGER AND Prescott Valley23,535 EMPLOYEE +COUNCIL CITY COUNCIL AND CITY Sedona 10,192 EMPLOYEE MANAGER CITY COUNCIL AND CITY Cottonwood 9,176 CONTRACT MANAGER CITY COUNCIL AND CITY Buckeye 8,497 CONTRACT MANAGER y TOWN MANAGER AND Wickenburg5,082 CONTRACT COUNCIL TOWN MANAGER AND Youngtown 3,010 CONTRACT COUNCIL to ee :: 'OR TOWN Is:Atorne �n.Erip: . . *: Retainedlb. ontract? MANAGER ,,., a.,v= ,t. .�c���ulat��r�►,, ,..fir Phoenix 1,321,045 CONTRACT CITY MANAGER Peoria ria 108,364 CONTRACT CITY MANAGER Avondale 35,883 CONTRACT CITY MANAGER Bullhead City33,769 CONTRACT CITY MANAGER Oro Vlley 31,934 CONTRACT TOWN MANAGER Nogales 20,878 CONTRACT CITY MANAGER Fountain Hills 20,235 CONTRACT TOWN MANAGER San Luis 15,322 APPOINTED BY COUNCIL CITY MANAGER Florence nce 15,241 CONTRACT TOWN MANAGER Marana 13,556 EMPLOYEE TOWN MANAGER Safford 9,232 EMPLOYEE CITY MANAGER Show Low 7,695 EMPLOYEE CITY MANAGER Globe 7,486 CONTRACT CITY MANAGER South Tucson 5,490 CONTRACT CITY MANAGER Maricopa 4,998 CONTRACT CITY MANAGER _ Tolleson 4,974 CONTRACT CITY MANAGER, Benson 4,711 CONTRACT CITY MANAGER Snowflake 4,460 CONTRACT TOWN MANAGER Queen Creek 4,316 CONTRACT TOWN MANAGER Thatcher 4,022 CONTRACT TOWN MANAGER Pp /Lakeside/Lakeside 3,582 CONTRACT _TOWN MANAGER St. Johns 3,548 CONTRACT CITY MANAGER Superior 3,254 CONTRACT TOWN MANAGER Taylor r 3,176 CONTRACT TOWN MANAGER Parker 3,140 _CONTRACT TOWN MANAGER Williams 2,842 CONTRACT TOWN MANAGER 2,596 CliftonCONTRACT TOWN MANAGER _ Kearny 2,249 CONTRACT CITY MANAGER Springerville 1,972 EMPLOYEE TOWN MANAGER Fredonia 1,036 CONTRACT TOWN MANAGER Jerome 329 CONTRACT TOWN MANAGER Town Attorney Survey September 2004 .. s • Is Attorney an Employee Municipality Populat 9 t . or Retained by Contract? I49NE. r v Glendale 218,812 Lake Havasu City 41,938 Surprise 30,848 Somerton 7,266 Willcox 3,733 ORDINANCE NO. (0) 04 - 26 AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA, AMENDING SECTIONS 3-1-1 AND 3-1-4 OF THE TOWN CODE BY CHANGING THE APPOINTMENT PROCESS FOR THE OFFICE OF THE TOWN ATTORNEY FROM THE TOWN MANAGER TO THE ORO VALLEY TOWN COUNCIL; REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH; and PRESERVING THE RIGHTS AND DUTIES THAT HAVE ALREADY MATURED AND PROCEEDINGS THAT HAVE ALREADY BEGUN THEREUNDER WHEREAS, appointments to the office of the Town Attorney are currently made by the Town Manager under Oro Valley Town Code Sections 3-1-1 and 3-1-4; and WHEREAS, the Oro Valley Town Council desires to change the current process so that appointments to the office of the Town Attorney are made by the Town Council; and WHEREAS, the Town Council believes that the change in the appointment process will serve the best interest of the residents of the Town of Oro Valley. NOW THEREFORE, the Mayor and Council of the Town of Oro Valley hereby ordain as follows: Section 1 - Section 3-1-1 of the Town Code is amended as follows with additions being shown in ALL CAPS and deletions in stfikethrough text: Section 3-1-1 Officers There are hereby created the offices of town manager, town clerk, planning and zoning director, town marshal/chief of police, town engineer, town attorney, town magistrate, town building official and finance director. The town manager, town clerk, town marshal/chief of police, TOWN ATTORNEY and town engineer shall be appointed by the town council and shall serve at the pleasure of the council. These employees may be removed by the council by a majority vote of its members immediately for cause or, upon ninety (90) calendar days notice, without cause. The planning & zoning director, finance director; AND building official attorney, shall be appointed by the town manager and shall serve at the pleasure of the town manager. These employees may be removed by the town manager immediately for cause or, upon ninety (90) calendar days notice, without cause. Such officers shall have the right to submit personnel actions taken by the town manager to the town council for its review. The town magistrate shall be appointed by the town council for a term of office as provided in Section 5-2-1 of this code. Section 2 — Section 3-1-4 of the Town Code is amended as follows with additions being shown in ALL CAPS and deletions infik through text: Section 3-1-4 Vacancies; Holding More Than One Office A. Anyvacancy that shall occur in the office of the town manager, town clerk, town marshal/chief of police, TOWN ATTORNEY or town engineer shall be filled by appointment ointment by the town council, provided that one person may hold more than one office and that, at the discretion of the town council, the functions of a town official may be validly performed and discharged by a deputy or other town official, or an otherwise qualified individual not holding office but employed at the pleasure of the council. Any vacancy that shall occur in the offices of the town planning & zoning director, , town building official or town finance director shall be filled by appointment by the town manager, provided that one person may hold more than one office and that, at the discretion of the town manager, the functions of the town official designated may be validly performed and discharged by a deputy or other town official, or an otherwise qualified individual not holding office but employed at the pleasure of the town manager as set forth in section 3-1-1. B. Any vacancy that shall occur in the office of town magistrate shall be filled by appointment by the town council. Section 3 — Any and all ordinances, provisions of the Town Code, or otherwise in conflict with the provisions of this ordinance are hereby repealed. Section 4 — If any subsection, section, sentence, clause, phrase or portion of this ordinance or any part of the code adopted herein by reference is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED by Mayor and Town Council of the Town of Oro Valley, Arizona, this 15tlday of September , 2004. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Town Attorney TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: September 15, 2004 TO: HONORABLE MAYOR & TOWN COUNCIL FROM: Chuck Sweet, Town Manager SUBJ: DISCUSSION, CONSIDERATION, AND/OR POSSIBLE ACTION REGARDING A TOWN OF ORO VALLEY HOLIDAY PARADE SUMMARY: This agenda item is being brought forward at the request of Vice Mayor Paula Abbott to beP resented at this evening's meeting. Both the Ironwood High School Marching Band and the Canyon del Oro High School Marching Band have expressed interest in participating in a holiday parade. A possible holiday parade route has been suggested which could start at the Ironwood High School, go west on Naranja, south on La Canada Drive, and conclude at the Fry's parking lot at the corner of La Canada Drive and Lambert Lane. It has also been suggested that the holiday parade could run from 9:00 a.m. to 11:00 a.m. and include various other dance clubs and organizations along with the marching bands. ATTACHMENT: Vice Mayor Paula Abbott's email to the Town Manager—August 26, 2004 r / Chuck Sweet, Town Manager Page 1of1 Sweet, Charles From: Abbott, Paula Sent: Thursday, August 26, 2004 2:26 PM To: Sweet, Charles Cc: Abbott, Paula Subject: Parade? Dear Chuck, I was approached earlier this week by parents from the marching band at Ironwood High regarding town's support for a Thanksgiving parade. They indicated that CDO would also be interested in participating as well. It was suggested by the Mayor that this might be done at 4th of July celebration, however the parents indicated that kids would be out of school. I support the Thanksgiving Day Parade proposal because it would be cooler, the kids are ready because of football season, and we should be looking at establishing a lifelong tradition whenever the opportunity lends itself here in Oro Valley. I indicated that I would get this item placed on the agenda as soon as possible, so that we can start planning this event. I would suggest that we might start at Ironwood, go west on Naranja,then south on La Canada to Fry's parking lot, There would be minimal traffic interruption with this route. I am open to other suggestions. The event could run from 9am-11 am. 'Various other dance clubs and other organizations should be included, as well as participation by other Jr High and elementary schools. There are too many others that I don't have the time to name, that might want to participate in this event. Please get feedback from police, public works and Mr. Kovitz for his input. I will contact Chief Fink for his thoughts. KC has seconded by motion to place this on the agenda for the 8th of September council meeting, If this is not doable,then the 15th will suffice. I wish that I was contacted sooner about this proposal, however I believe where there is a will, there is a way!! The way I see it, if we can't do it this year,we can certainly have a parade that is well-organized for next year, Thanksgiving 2005!! Thanks, Paula 8/26/2004 TOWN OF ORO VALLEY 6 COUNCIL COMMUNICATION MEETING DATE: September 15, 2004 TO: HONORABLE MAYOR & TOWN COUNCIL FROM: Chuck Sweet, Town Manager SUBJ: RESOLUTION NO. (R) 04 - 99 ; TO ENCOURAGE SUPPORT OF THE METROPOLITAN EDUCATION COMMISSION'S AD HOC COMMITTEE FOR THE ADEQUATE INFRASTRUCTURE FOR EXISTING AND NEW SCHOOL SITES SUMMARY: This agenda item is being sponsored by Vice Mayor Paula Abbott and in response to the Metropolitan Education Commission's (MEC) request for support. With the rapid growth of the Southern Arizona communities, the MEC's Ad Hoc Committee was charged to advise and make recommendations on policies that provide adequate infrastructure to serve our existing and future school sites. The MEC was created by the Tucson Mayor & Council and the Pima County Board of Supervisors to advise and make recommendations on education issues. The MEC urges all levels of government in Pima County, developers, builders, and other entities that affect our communities to concentrate on the safety of all our children. The attachments include the Pima County code provisions establishing the Metropolitan Education Commission, a letter from the County Administrator's Office requesting participation in a meeting regarding the infrastructure of new school sites, and a list of Ad Hoc Committee members. Also attached is the Town's proposed resolution supporting the MEC's Ad Hoc Committee for the adequate infrastructure for existing and new school sites. RECOMMENDATION: I recommend approval of Resolution No. (R) 04 -99 supporting the Metropolitan Education Commission's Ad Hoc Committee for the adequate infrastructure for existing and new school sites. SUGGESTED MOTION: I move to approve Resolution No. (R) 04 - 99 supporting the Metropolitan Education Commission's Ad Hoc Committee for the adequate infrastructure for existing and new school sites. ATTACHMENTS: 1. Proposed Resolution No. (R) 04 - 99 supporting the Metropolitan Education Commission's proposal for adequate infrastructure for existing and new school sites. 2. August 18, 2004 letter from Deputy County Administrator John Bernal to Town Manager Chuck Sweet regarding the Ad Hoc Committee on Infrastructure Near School Sites meeting. 3. List of Ad Hoc Committee Infrastructure Near School Sites Committee Members as of August 18, 2004. 4. Metropolitan Education Commission's Resolution on Adequate Infrastructure for Existing and New School Sites 5. The Pima County Boards, Commissions, and Committees Code establishing the Metropolitan Education Commission l Chuck Sweet, Town Manager RESOLUTION NO. (R) 04 -99 A RESOLUTION OF THE TOWN OF ORO VALLEY ENCOURAGING SUPPORT OF THE METROPOLITAN EDUCATION COMMISSION'S AD HOC COMMITTEE FOR THE ADEQUATE INFRASTRUCTURE FOR EXISTING AND NEW SCHOOL SITES WHEREAS, it is the intent of the Council to provide a safe environment for all citizens including area students; and WHEREAS,the rapid growth of Southern Arizona communities substantiates a shared responsibility to ensure the safety of our children in and around school sites; and p tY WHEREAS,the Metropolitan Education Commission, created by Tucson Mayor& Council (Resolution#15453) and the Pima County Board of Supervisors (Resolution #1990-178), ro oses the support of an Ad Hoc Committee which would consist of p p representatives from responsible government agencies and school districts; and WHEREAS,the Ad Hoc Committee is charged with developing policies to assure appropriate ro riate infrastructure around school sites for existing and new schools. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona supports the Metropolitan Education Commission's Ad Hoc Committee for the adequate infrastructure for existing and new school sites. PASSED AND Mayor ADOPTED byMa or and Town Council this 15th day of September, 2004. TOWN OF ORO VALLEY ATTEST: Paul H. Loomis,Mayor Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Mark Langlitz, Town Attorney v°F 1 \ Atr7;' Of 7r, 0 t 1 1 �J , x 1 k'4 ,i:Lull://fral li Z ' COUNTY ADMINISTRATOR'S OFFICE PIMA COUNTY GOVERNMENTAL CENTER 130 W. CONGRESS,TUCSON,AZ 85701-1317 (520) 740-8661 FAX(520)740-8171 August 18, 2004 C.H.HUCKELBERRY County Administrator Sent Via E-Mail: csweetAorovalley.net Town of Oro Valley Attn: Chuck Sweet Town Manager Town Hall 11000 N. La Canada Drive Oro Valley, Arizona 85737 Re: A Hoc Committee on Infrastructure Near School Sites Meeting IL Dear . Sweet: Enclosed is a copy of the Metropolitan Education Commission's resolution passed on July 6, 2004 by the Pima County Board of Supervisors. The Board acknowledged the rapid growth of the Southern Arizona communities and requested that Pima County, through the office of the Deputy County Administrator for Public Works, take the lead in assisting with the formation of an ad hoc infrastructure committee that will advise and make recommendations on policies that provide adequate infrastructure to serve our school sites. Specifically, we have been asked to ensure that adequate infrastructure be in place for every existing and future school site. I you ou to join Dr. Jay St. John, Infrastructure Ad Hoc Committee Chair, Dr. June Webb- Vignery, Executive Director, Metropolitan Education Commission and me on Wednesday, August 25, 2004 at 10:00 AM when we hold our first meeting at 10 E. Broadway, Suite 10. Enclosed, is our current list of participants and our planned agenda for this meeting. Sincerely, , ,, li, / a. ohn M.'Bernal Deputy County Administrator—Public Works Cc: Honorable Sharon Bronson, Chair and Members,Pima County Board of Supervisors C.H.Huckelberry, County Administrator Shirley Scott, Councilwoman, City of Tucson,Ward 4 June Webb-Vignery,Ph.D,Executive Director,Metropolitan Education Commission Jay St. John, Ed.D. Superintendent, Sahuarita Unified School District/Metropolitan Education Commission Ad Hoc Committee on Infrastructure Near School Sites Committee Members 08/18/2004 Chair: Jay St. John,Metropolitan Education Commission/Sahuarita School District Participants: Jan Lesher State of Arizona Chuck Sweet Town of Oro Valley Fernando Castro City of South Tucson Vicki Balentine Amphitheater Unified School District Jim DeGrood Town of Marana Jane Pryne Marana Unified School District Jim Stahle Town of Sahuarita Raul Bejarano Sunnyside Unified School District Jim Glock&Albert Elias City of Tucson Roger Pfeuffer Tucson Unified School District Calvin Baker Vail Unified School District Alex Jacome Southern Arizona Home Builders Association John M. Bernal Pima County,Deputy County Administrator Kurt Weinrich Pima County,Transportation&Flood Control Carmine DeBonis Pima County, Development Services Kathleen Longnecker Metropolitan Pima Alliance June Webb-Vignery Metropolitan Education Commission MRC RESOLUTION ON ADEQUATE INFRASTRUCTURE FOR EXISTING AND NEW SCHOOL SITES The rapid growth of Southern Arizona communities reflects the fact that Pima County is indeed an attractive place to raise families. With such growth comes a shared responsibility to ensure the safety of our children. The Metropolitan Education Commission, created by Tucson Mayor & Council (Resolution #15453) and the Pima County Board of Supervisors (Resolution #1990-178) to advise and make recommendations on education issues, urges all levels of government In Pima County, all developers, all builders and any other forces that affect our communities to Join us in establishing safety for our children as our number one goal. Specifically, we must ensure that adequate infrastructure is in place for every existing and new school site. We need active collaboration among State, County, and City agencies, working with school districts and other local jurisdictions to assure that school sites and proximate areas have the necessary infrastructure to meet fundamental safety requirements. These requirements include but are not limited to water, sewers, flood control, roadways, bicycle paths, playgrounds, play fields, sidewalks, and libraries. Toward this end, we recommend establishing an ad hoc committee charged with developing policies to assure appropriate infrastructure around -school sites. The committee should include representatives from responsible government agencies* and school districts** in Pima County. Pima County developers and builders should be invited to attend in the meetings. Please join us in support of this proposal. We need immediate action to ensure that all parties to rapid growth work together to meet the changing Infrastructure needs of communities and school districts. These are community assets and need to reflect our goal. In Pima County, we love our children; please help us keep them safe. Point of Information: Plma County Municipalities and School Districts *Green Valley **No Marana ' Altar Valley Oro Valley Amphitheater Sehuarita Catalina Foothills South Tucson Continental Tucson Empire Flowing Wells Indian Oasis-Baboquivari Marana Sahuarita • San Fernando Sunnyside Tanque Verde Tucson Vail 4 PIMA COUNTY BOARDS , COMMISSIONS AND COMMITTEES METROPOLITAN EDUCAT ION COMMISSION PURPOSE: Pima County and the City of Tucson desire to jointly establish and empower a commission on education which would act to advise and make recommendations on all of the areas as they affect the educational welfare of the citizens of the City and County. AUTHORIZATION: Board of Supervisors Resolution No. 1994-10 . NUMBER OF MEMBERS: The Commission shall consist of 34 members : 5 appointed by the Chair of the Board of Supervisors - 1 parent; 1 member of the Board; 1 representative of the health care community; 1 affiliated with a social service agency serving children and youth; 1 member of the religious community representing social services and benefit programs at metro-area churches and synagogues. 5 appointed by the Mayor and Council of the City of Tucson - 1 parent; 1 member of the Council; 1 affiliated in some regard with parks, recreation or housing; 1 affiliated in some regard with libraries, museums or the arts; 1 affiliated with a social service agency serving youth and children. 3 appointed by the Arizona Education Association - 1 teacher from Grades K-6; 1 teacher from Grades 5-9; 1 teacher from Grades 9-12. 1 appointed by the Arizona School Administrators Association shall be a building principal. 1 appointed by the Greater Tucson School University Partnership shall be a superintendent. 1 appointed by the Arizona School Boards Association shall be a school board member. 1 appointed by the President of the University of Arizona shall be a representative of the University of Arizona. 1 appointed by the President of Pima Community College shall be a representative of Pima Community College. 1 appointed by a Community Educational Enrichment Foundation Organization 1 appointed by the Metropolitan Tucson Chamber of Commerce shall be a representative of the business community. 2 appointed by the Greater Tucson Economic Council shall be representatives of commerce, business or industry. 1 member shall be appointed by the Tucson Urban League. 1 appointed by the Hispanic Community Forum. 1 appointed by the Metropolitan Tucson Commission on Urban Native American Affairs. Revised June 2004 PAGE 1 Metropolitan Education Commission TERM MEMBERS OFFICERS PHONE EXPIRATION Pima County (Chair appointments) 1 . Rabbi Samuel M. Cohon CHAIR 12/31/04 Religious Community 2 . Regina Romero CHAIR 740-8208 12/31/04 Social Service Agencies Serving Children/Youth 3 . George Favela CHAIR 292-7855 12/31/04 Public Sector (Non-School) - Parent 4 . Karen Martin CHAIR 740-8263 12/31/04 Public Sector (Non-School) - Health Care Community 5. Sharon Bronson CHAIR 740-8051 12/31/04 Public Sector (Non-School) - Board of Supervisors Member * * * City of Tucson (Mayor appointments) 6. Steve Leal MAYOR 791-4231 Public Sector (Non-School) - City of Tucson Council member 7 . Kim Metz MAYOR 321-1500 3/18/05 Parent Representative 8 . Ronald K. Smith MAYOR 3/18/05 Public Sector (Non-School) -Parks/Recreation/ Housing Representative 9. Patricia A. Wiedhopf MAYOR 740-5598 5/ 3/06 Public Sector (Non-School) - Libraries/Museums/Arts 10 . Molly Tylutki MAYOR 622-2801 12/31/06 Public Sector (Non-School) - Social Service Agencies Serving Children/Youth Revised June 2004 PAGE 3 Metropolitan Education Commission TERM MEMBERS OFFICERS PHONE EXPIRATION 22 . Richard Fimbres 882-0455 12/31/06 Minority Group Representative (Ariz. Hispanic Community Forum) 23 . Jo Riester 791-4393 12/31/06 At-Large Commission Appointee 791-4010 24 . William E. Ardern CHAIR 444-6319 12/31/06 Metropolitan Chamber of Commerce Representative Educational Institution 25 . Pernela Jones 620-6353 12/31/02 Teachers, Grades 5-9 (AZ Education Association) 26. Toni Griego-Jones 12/31/05 University of Arizona Representative 27 . Jay St . John 625-3502 9/17/06 (Greater Tucson School/University Partnership) 28 . Noelia Vela, Ph. D. VICE CHAIR 206-7100 12/31/06 Pima Community College Representative 29 . Judith Bartley 572-1256 12/31/06 Teachers, Grades 9-12 (AZ Education Association) 30 . Andrea Kearns 792-5465 12/31/06 At-Large Commission Appointee 31 . Elaine Upham 296-6389 12/31/06 Teachers, Grades K-6 (AZ Education Association) 32 . Margaret Hildebrand SECRETARY 574-9499 12/31/06 School Board Member (AZ School Board Assn. ) * * * 33 . Dr. June Webb-Vignery EX-OFFICIO 670-0055 No Term Executive Director, MEC Non-voting 34 . Linda Arzoumanian EX-OFFICIO 740-8451 Concurrent Superintendent of Schools Non-voting with term of office Revised June 2004 TOWN OF ORO VALLEY 7 COUNCIL COMMUNICATION MEETING DATE: SEPTEMBER 15, 2004 TO: HONORABLE MAYOR & COUNCIL FROM: AINSLEY ANNE REEDER, PARKS & RECREATION ADMINISTRATOR SUBJECT: TOWN OF ORO VALLEY HISTORICAL SITES: MANAGEMENT AND OVERSIGHT REPORT AND RECOMMENDATIONS BY THE PARKS AND RECREATION ADVISORY BOARD SUMMARY: At the August 4, 2004 Town Council Meeting, the Parks and Recreation Advisory Board (PRAB)began a dialog with the Town Council regarding the designation of a responsible advisory board for historical preservation issues in Oro Valley. The Town Council directed PRAB to submit recommendations and a plan for structuring the management, oversight, and future development of the Town's historic sites. PRAB was directed to return to Town Council on September 15th with their report. The attached report and recommendations are submitted by PRAB for Town Council consideration. Attachments: 1) Town of Oro Valley Historical Sites: Management and Oversight Report and Recommendations Parks &Recreation Administrator aiAlr 1, De•artment Head /-4eK Town Manager Town of Oro Valley Historical Sites: Management and Oversight Report and Recommendations Prepared by the Parks and Recreation Advisory Board Presented to Oro Valley Town Council On September 15, 2004 Town Project Staff Celine Martinez, Senior Office Assistant Ainsley Anne Reeder, Parks and Recreation Administrator Preface On August 4, 2004, Oro Valley Town Council directed the Parks and Recreation Advisory Board (PRAB) to develop a preliminary concept plan for dealing with historic issues in Oro Valley. The following document has been developed in response to that request, and is respectfully submitted for the Council's review and consideration. Respectfully, The Parks and Recreation Advisory Board Tom Honebrink, Chair Jody Sinding, Vice-Chair, PRAB Historical Sub-Committee Joel Brault, Member Laura Clark, Member Bob Evans, Member Margot Hurst, Member, PRAB Historical Sub-Committee Mike Wilson, Member 1 Background Oro Valley residents recognized have long the importance of preserving the history, character and beauty ofour unique i ue desert community. This priority is well q documented in numerous Town plans. The preservation of historic, archaeological, and cultural resources within Oro Valley is outlined in theOpen Parks, Space and Trails Master Plan (February 1999) as p follows: "Goal 8...Discussion: In seeking to preserve and protect these resources the community will 1) understand the historical and/or prehistoric importance of the property erty or area, 2) enrich the community's awareness p Town's cultural heritage, and 3) refine the management and of the To g guidelines necessary to further ,document and preserve the Towns archaeological heritage. " importance of preservinghistoric resources was also stated in the Focus The 2020: Town of Oro Valley General Plan (July 1996): Goal 10.2: To preserveunique the uni ue cultural and historic resources within the Planning Area. " "Policy 10.2A: Require cultural resource surveys for all new q developments where evidence of cultural/archaeological resources is found. " Archaeological and Historic Resources are discussed in more detail in the 2020: General Plan 2003 and in the Strategic Implementation Program proposed Focus thisplan has not been approved, public input during the plan's 2003. Although . advocated for historic preservation. In this updated plan, greater development strongly emphasis is placed on interpretive elements,housing archaeological activities, resource protection, grants, education, partnerships,artnershi s, and initiating the Certified Local Government process. p In tandem with the development of these guiding policies, the Town has grown significantly. In recent years, the issue of preservation has been in the spotlight as development has intensified and significant resources have been threatened by changing land uses. Some of the he noteworthyactions, issues, and developments that occurred in recent years include: • The Townclosely workingwith developers to insure that historical resources are identified and appropriately handled through the development process. • The formation of the Land Conservation Committee, a successful grass-roots advocacy group dedicated to historic preservation in greater Oro Valley. 2 • The selection of an official Town Historian, Mr. James. D. Kriegh, founder of the Town and steward of many significant historical documents. • The submittal of development plans for the historic Steam Pump Ranch and the surrounding area. Extensive communications continue regarding the appropriate uses for this area. • The successful 2004 Pima County Bond Election which includes immediate funding for the acquisition of the Honey Bee Village and Steam Pump Ranch, and funding for Kelly Ranch within the next few years. The Town is working closely with Pima County to orchestrate these critical acquisitions. • In 2002, the Parks and Recreation Advisory Board (PRAB)began serious discussions regarding the importance of acquiring, preserving, and managing the Town's historic resources. In August of 2004, Town Council directed PRAB to develop a preliminary concept plan for dealing with historic issues in Oro Valley. Input and Preparation Fortunately, a wealth of information and expertise is available regarding historic preservation. In developing this report, staff assisted PRAB in gathering information and input from a number of sources, including: • Arizona State Parks • National Park Service • City of Tucson • Pima County • City of Glendale • City of Scottsdale • City of Mesa • City of Sedona • City of Phoenix • Land Conservation Committee • Oro Valley Town Historian • Oro Valley Town Staff with expertise and experience All of the agencies, groups and individuals contacted expressed their willingness to provide additional information and assistance as the Town of Oro Valley moves through this exciting process. Gathering information, learning from the expertise of other agencies, working with local experts and volunteers, and developing a plan of action for Oro Valley will continue to be a work in progress. On August 16, 2004, the PRAB Historical Sub-Committee met with the Land Conservation Committee (LCC). This successful, grass-roots community group has been working to preserve important historical sites in Oro Valley. LCC provided information regarding the Certified Local Government process which must be initiated by the Town, available resources, and important contacts. The two groups also discussed how they might work together, including advocacy, information sharing, increased communication 3 between the two groups, and identifying issues and opportunities. Additionally, the LCC reviewed the draft of this document and provided valuable feedback for PRAB's consideration. What now? The Town is on the cusp of acquiring three historic sites through County Bond Funding. Several critical action steps will establish the framework necessary to insure that the properties are properly managed and maintained. First, it is highly recommended that the Town apply for the Certified Local Government (CLG) certification through Arizona's State Historic Preservation Office. A condensed"to do" list is as follows: 1) Establish a Historic Preservation Ordinance This is the mandatory first step in preparing to apply for the CLG certification. This ordinance will establish the Historic Preservation Commission, outlining the purpose, composition, duties and responsibilities. 2) Establish a Historic Preservation Commission This Commission is authorized in the Historic Preservation Ordinance. 3) Apply for"Certified Local Government" Certification Once the Ordinance and Commission are in place, the Town may apply for the CLG certification. With certification, Oro Valley will be eligible to receive grants and technical assistance from the State Historic Preservation Office. 4) Write a Historic Preservation Plan A written plan, developed by the Historic Preservation Commission and approved byTown Council,will provide guidelines for the development pp of Historic Preservation in Oro Valley. Additionally, the Town must designate staff responsibilities for all aspects of the Historic Preservation project. Contrast & Compare: Other Arizona Governments A wide variety of Arizona cities, towns, and counties were contacted and asked questions regarding their Historic Preservation Ordinance, Commission, staffing, funding, and management. The response was overwhelming--PRAB and staff are still in the process of collecting and reviewing data from a number of the agencies. However, the information gathered to date reflects that local governments structure their Historic 4 Preservation (HP) elements in a way that supports and complements both their individual agency needs and their town's character. For large cities like Phoenix with many different types of historic sites there may be a free standing Historic Preservation Department. Some communities like Sedona have addressed HP through their Community Development Department or their Main Street Programs with a section in their Land Development Code dedicated to HP. For other agencies, the HP functions are placed in Parks and Recreation, such as the City of Peoria. In essence, the most important consideration in developing a structure for HP in Oro Valley is to find what works best for the Town. As long as the key components are completed to qualify the Town for the Certified Local Government status (establish a HP Ordinance and Commission, etc.), the rest of the structure is a matter of preference. Because of thep ark-like nature of Steam Pump Ranch, Honey Bee Village, and Kelly Ranch, PRAB sees an important connection between Parks and Recreation and Historic Preservation in Oro Valley. As shown below, PRAB envisions a close, supportive relationship between the Historic Commission and the Parks and Recreation Advisory Board, with the Historic Preservation function residing in the Parks and Recreation Division. Parks and Recreation Advisory Board Recommendations The Board acknowledges that there are various formats the Town may choose to follow as it begins to develop the HP element. The Board also acknowledges that there is no one "right way" to move forward. In consideration of the information and input gathered, the following recommendations are provided for the Town Council's review and consideration. 1. Enact a Historic Preservation Ordinance Direct staff to draft a HP Ordinance incorporating public input, including the Planning Commission, the Parks and Recreation Advisory Board, the Town Historian, the Land Conservation Committee, and other interested parties. Establish a target completion date. Provide the draft ordinance to Town Council for approval. It is anticipated that this step will take up to three months to complete. 2. Establish a Historic Preservation Commission: Write the Historic Preservation Ordinance such that the Historic Preservation Commission: a) Consists of a minimum of seven and a maximum of eleven members. 5 b) Includes the Town Historian as a member. c) Is structured as a freestanding commission reporting directly to Town Council. d) Will work with the Parks and Recreation Division (as PRAB does) with the Staff Liaison assigned from that Division. e) Will collaborate with other Town Departments and Divisions as necessary to address specific Historic Preservation issues. f) Will assign one member to be the Liaison to the Parks and Recreation Advisory Board, attending PRAB meetings but without voting privileges. g) Will host one member of the Parks and Recreation Advisory Board at their meetings without voting privileges. 3. Selection of Historic Preservation Commission Once the HP Ordinance is in place, direct Staff to: a) Advertise the new Commission, calling for interested parties to apply for membership on the HP Commission. Commission to be composed of individuals with expertise and passion in the area of Historic Preservation or a related field. b) Assemble an initial interview committee which includes the Town Historian, a PRAB Historical Sub-Committee Member, and staff. (Once the HP Commission is established, subsequent interview committees would include the Chair of the Commission.) c) Schedule and conduct interviews. d) Forward the interview committee's recommendations to the Town Council. It is anticipated that this step will take up to three months to complete. 4. Application for "Certified Local Government" Certification Once the Ordinance and Commission is in place, direct staff to apply for the "Certified Local Government" certification with the Arizona Historic Preservation Office. The HP Commission will also provide valuable assistance during this process. It is anticipated that this application will be completed concurrently with the development of the Ordinance and the establishment of the Commission. However, certification through the State may take up to two months once submitted. 5. Write a Historic Preservation Plan Direct the Historic Preservation Commission to immediately begin the development of a comprehensive Historic Preservation Plan and establish a completion date. This basic components of this plan will: 1) serve as a resource that defines specifically what features and/or characteristics warrant a historical designation; 2) outline a plan for the identification of all of the Town's known archaeological and historical sites, features and 6 records; and 3) outline an implementation plan for the preservation of the Town's archaeological and historical sites, features and records. Many Pieces of the Same Puzzle Oro Valley is fortunate to have a wealth of knowledgeable individuals who are ready and willing to contribute their time and talents to building a strong and viable Historic Preservation element. As the Town moves forward with obtaining the Certified Local Government certification, including the establishment of the Historic Preservation Commission, PRAB anticipates that non-Town organizations and groups will play an important part in the evolution of Historic Preservation in Oro Valley. PRAB envisions the development of an independent Historical Society which might work in tandem with the Town in showcasing the historic sites, providing docent services and educational opportunities. Additionally, PRAB anticipates the continued work of the Land Conservation Committee on Historical Preservation and related issues. The Board recommends the development of a 501(c)(3) non-profit that would pursue grants and funding for Historical Preservation as well as providing support for other aspects of the Town's parks and open spaces. This non-profit would take advantage of funding sources that are not directly available to government agencies. Partnering and welcoming diverse contributions will serve to strengthen the Historic Preservation effort. Each individual and group has a different role to play. It is PRAB's recommendation that every effort be made to gather and utilize as many participants as possible—both inside and outside the Town's structure. Division of Labor One of the most perplexing aspects of beginning a new Town function is deciding "who does what". In the information below, broad categories of responsibility are delineated. It is anticipated that these categories could be expanded, amended and more completely developed over time. Historic Commission • Develop and maintain the Historic Preservation Plan. • Develop Historic Preservation Criteria. • Conduct studies and surveys of Historical Sites. • Develop and maintain an Oro Valley Historical Property Register. • Work with the Planning Commission to establish design criteria for Historic Sites and surrounding areas. • Make recommendations to Town Council for acquisition of property for Historic Preservation. • Make recommendations to Town Council for grants and funding for Historic Preservation. 7 • Partner with other agencies, groups, and individuals for the benefit of Historic Preservation in Oro Valley, including marketing Town sites to potential visitors. Parks and Recreation Advisory Board The focus of PRAB's involvement in Oro Valley's Historic preservation would be on the park sites in which historic elements are located. • Make recommendations to Town Council for acquisition of property for Historic Preservation which includes open space and parklands. • Review and provide recommendations to Town Council for grants and funding for Historic Preservation and/or Historic Sites located in open space and/or parklands. • Make recommendations to the Historic Commission and Planning Commission regarding design criteria for Historic Sites within open space, parklands, and surrounding areas. • Partner with the Historic Commission for the benefit of Historic Preservation in Oro Valley. • Make recommendations to Town Council regarding appropriate recreational uses of park sites and open space with Historic elements. • Make recommendations to Town Council regarding the appropriate design and maintenance of park sites and open space with Historic elements. • Make recommendations to Town Council regarding trail linkages, as well as traditional bicycle and pedestrian access, to Historic Sites. Town Staff As with other Town Advisory Boards and Commissions, Town staff will essentially implement and complete the tasks and projects as recommended by the Historic Commission and approved by Town Council. • Provide a Staff Liaison to the Historic Commission,providing technical and administrative assistance. • Write grants and funding proposals in coordination with the Historic Commission and PRAB. • Insure upkeep and maintenance of Historic Sites and Historical Preservation. • Complete capital projects as funded for Historical Sites and Historic Preservation. • Manage day to day operations of the Historic Sites (although some services may be offered by volunteers and other agencies as mentioned below). • Provide oversight for operations being performed by volunteers. Non-Town Agencies/Groups/Individuals Although PRAB anticipates that non-Town agencies, groups and individuals will play an important role in the development of Historic Preservation in Oro Valley, the Board feels that it would be most appropriate if they generate their own action lists. 8 In Conclusion In conclusion, the Parks and Recreation Advisory Board would like to thank the Oro Valley Town Council for the opportunity to provide input and recommendations regarding this critical issue. The work has begun, but much work remains. PRAB stands ready to serve as directed by Town Council. 9 Supplemental Material to Item #8 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: September 15, 2004 TO: MAYOR & TOWN COUNCIL FROM: Chuck Sweet, Town Manager David Andrews, Finance Director SUBJECT: Powerpoint Presentation — Rancho Vistoso Neighborhood 3, Parcel B SUMMARY: this communication please find a copy of the subject presentation. 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H • ct 7,4 • •°,_4 tid t , r-I riN .... ;„_,4 r % cf) N (1) cpg 0 p.4-4 ct ro "..4d 0 4:14 C) 1-"''i (4"''4 0 "I* C)N tl o 4 li,'"' (1)„,' roo pl 8 Lmd Q [-I •i'ml (1) p (i) CU vii � � vii 4 41 va, ‘,.. (1) ,.., tal) cf, a) ..i o (7) 75, . 0 -V, ct4 (2 ct;""( ru LI--, tnj rE1-4 Pa. LI.Ii (1) V) 0 Ct Ct ° CD 0 U c+. Cr)Cin N ;N.( "' bz ::14 `i' 4 ---i V) C/D �i 4-i O ai E--i � TOWN OF ORO VALLEY Page 1 of 2 ..OUNCIL COMMUNICATION MEETING DATE: 09/15/04 TO: HONORABLE MAYOR AND COUNCIL FROM: MARK LANGLITZ, TOWN ATTORNEY SUBJECT: RESOLUTION NO. (R) 04- 100 AUTHORIZING THE TOWN ATTORNEY TO FILE A CONDEMNATION ACTION TO ACQUIRE APPROXIMATELY 17 ACRES OF REAL PROPERTY (COMPRISED OF 83 PARCELS) PRESENTLY BEING DEVELOPED BY MONTEREY HOMES THAT LIES NORTHEAST OF VENTANA MEDICAL SYSTEMS COMPLEX IN RANCHO VISTOSO NEIGHBORHOOD 3, PARCEL B, FOR TOWN FACILITIES, AND DECLARING AN EMERGENCY TO EXIST SUMMARY: In November of 2001, the Town Manager was directed to prepare a Future Space Needs Report in connection with the Naranja Town Site Task Force. The Report described the need for the Town to acquire additional land (approximately 15 acres) to accommodate a new joint use operation and maintenance center, administrative offices and a police training facility. Moreover, the current Public Works yard located at 680 Calle Concordia is inadequate to meet the growing needs of the Town. Accordingly, it is advisable for the Town to acquire a new site for use in connection with Town facilities. An acceptable site that would meet the current and future needs of the Town is the approximately 17 acres of real property (comprised of 83 parcels) presently being developed by Monterey Homes that lies northeast of Ventana Medical Systems complex in Rancho Vistoso Neighborhood 3, Parcel B. The Town has commenced y discussions with representatives from Monterey Homes about acquiring the property before further development occurs. However, in order to assure timely acquisition of the property in the event negotiations are unsuccessful, it is necessary that the Town Attorney be granted the authority to commence condemnation proceedings. ATTACHMENTS: 1. Resolution No. (R) 04-100, Authorizing the Town Attorney to File a Condemnation Action to Acquire Approximately 17 Acres of Real Property (Comprised of 83 Parcels) Presently Being Developed by pp y Monterey Homes That Lies Northeast of Ventana Medical Systems Complex in Rancho Vistoso Neighborhood 3, Parcel B, for Town Facilities, and Declaring an Emergency to Exist SUGGESTED MOTIONS: I move to adopt Resolution No. (R) 04-100, Authorizing the Town Attorney to File a Condemnation Action to Acquire Approximately 17 Acres of Real Property (Comprised of 83 Parcels) Presently Being Developed by q pp y MontereyHomes That Lies Northeast of Ventana Medical Systems Complex in Rancho Vistoso Neighborhood 3, Parcel B, for Town Facilities, and Declaring an Emergency to Exist TOWN OF ORO VALLEY Page 2 of 2 COUNCIL COMMUNICATION MEETING DATE: 09/15/04 Mark J. Langlitz : cin • o y (01Al Chuck Sweet, own Manager • RESOLUTION NO. (R) 04- 100 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING THE TOWN ATTORNEY TO FILE A CONDEMNATION ACTION TO ACQUIRE APPROXIMATELY 17 ACRES OF REAL PROPERTY (COMPRISED OF 83 PARCELS) PRESENTLY BEING DEVELOPED BY MONTEREY HOMES THAT LIES NORTHEAST OF VENTANA MEDICAL SYSTEMS COMPLEX IN RANCHO VISTOSO NEIGHBORHOOD 3, PARCEL B, FOR TOWN FACILITIES,AND DECLARING AN EMERGENCY TO EXIST. WHEREAS, Oro Valley is a municipal corporation within the State of Arizona and is vested with all the rights, privileges and benefits and entitled to the immunities and exemptions granted to municipalities and political subdivisions under the Laws of the State of Arizona; and WHEREAS, Oro Valley has the requisite statutory authority to acquire real property for use in connection with Town facilities, and to own, operate and maintain facilities for the benefit of the residents of the Town of Oro Valley; and WHEREAS, the Town's current Public Works yard located at 680 Calle Concordia is inadequate to meet the growing needs of the Town; and WHEREAS, the Town Council deems it necessary and in the interest of the residents of the Town of Oro Valley to authorize the Town Attorney to proceed with formal condemnation proceedings to acquire the approximately 17 acres of real property (comprised of 83 parcels, as more particularly described and shown in Exhibit "A" attached hereto) presently being developed by Monterey Homes that lies northeast of Ventana Medical Systems complex in Rancho Vistoso Neighborhood 3, Parcel B, for use in connection with Town facilities. 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 acquire the approximately 17 acres of real property (comprised of 83 parcels, as more particularly described and shown in Exhibit "A" attached hereto) presently being developed by Monterey Homes that lies northeast of Ventana Medical Systems complex in Rancho Vistoso Neighborhood 3, Parcel B, for use in connection with Town facilities. 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 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 15th day of September, 2004. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Mark J. Langlitz, Town Attorney EXHIBIT A Page 1 of 2 PARCELS = 83 Total 219208800 219208310 219208810 219208320 219208820 219208330 219208830 219208340 219208840 219208350 219208850 219208360 219208860 219208370 219208870 219208380 219208880 219208390 219208890 219208400 219208900 219208410 219208910 219208420 219208920 219208430 219208930 219208440 219208940 219208450 219208950 219208460 219208960 219208470 219208970 219208480 219208980 219208490 219208990 219208500 219209000 219208510 219209010 219208520 219209020 219208530 219209030 219208540 219209030 219208550 219209030 219208560 219209030 219208570 219209040 219208580 219209040 219208590 219209040 219208600 219209040 219208610 219209040 219208620 219209040 219208630 219209050 219208640 219208650 219208660 219208670 219208680 219208690 219208700 219208710 219208720 219208730 219208740 219208750 219208760 219208770 219208780 219208790 EXHIBIT A Page 2 of 2 , 1 . „.„ 07 wrirsonibevia,.--; s-0-‘11 os Nit5-sr° 3.4tt 04, CV ‘i tt C oW AO'S. .CC., 4. \ 'q \ I , -k, .1."' s•--, 1 Lux, ;IA\S 9 4t LOCATION 1 x 4, 44:4 Mei: / 0 z 4., IIIII iiiiiik, OW t , \ I 1 "so, rii , ,,,„„...... lavt-ictits 0 1 , 1 I 1 1 1 1 1 i - 1 i 1 1 1 0 I ! 1