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HomeMy WebLinkAboutPackets - Council Packets (1188) 03/03/04 Agenda, Council Regular Session 2 C. Award of Contract to Dar-Hil Corporation in the amount of $591,902.00 for Project No. 0421-06-03 construction of a new "D" Zone 16" Water Main in the vicinity of Oracle Road and Linda Vista continuing south and ending at Hardy Road D. Resolution No. (R)04-12 Authorizing and Approving the renewal of an Intergovernmental Agreement between the Town of Oro Valley and Pima County for payment of costs of incarceration of municipal prisoners in the Pima County Jail E. OV12-01-11 Approval of Final Plat for 32 Single Family Lots on 9.10 acres, Rancho Vistoso Neighborhood 11 Parcel AG, located on the north side of Vistoso Highlands Drive and Mulligan Drive Intersection approx 1/2 mile west of Rancho Vistoso Boulevard 2. PRESENTATION OF PLAQUE OF APPRECIATION TO LaQUITA STEC FOR HER SERVICE ON THE ORO VALLEY WATER UTILITY COMMISSION FROM MARCH 2000 TO DECEMBER 2003 3. APPOINTMENT OF HARRIET HOUGH TO THE STORMWATER UTILITY COMMISSION WITH TERM TO EXPIRE OCTOBER 3, 2005 4. RESOLUTION NO. (R) 04- 13 AUTHORIZING AND APPROVING A CONSTRUCTION CONTRACT WITH MERCURY CONSTRUCTORS INC. IN THE AMOUNT OF $4,391,050.50 FOR CONSTRUCTING THE RECLAIMED WATER DISTRIBUTION SYSTEM PIPELINE SHOWN ON PLAN NO. OV24- 03-01 FOR RECLAIMED WATER SYSTEM - PHASE I 5. DISCUSSION AND/OR POSSIBLE ACTION REGARDING THE COST OF IMPLEMENTATION OF A COST OF LIVING ADJUSTMENT (COLA) FOR ALL TOWN EMPLOYEES 6. RESOLUTION NO. (R)04-14 AUTHORIZING AND APPROVING THE DISTRIBUTION OF THE TWO (2%) PERCENT INCREASE IN THE LOCAL TAX ON CONSTRUCTION CONTRACTING ACTIVITIES 7. RESOLUTION NO. (R) 04-15 ENCOURAGING SUPPORT FOR DEVELOPERS AND HOME BUILDERS TO MEET WITH THE AMPHITHEATER SCHOOL DISTRICT REGARDING VOLUNTARY DONATIONS FOR THE CONSTRUCTION OF SCHOOLS 8. OV12-02-11, CENTRES INC, REPRESENTING ECKERD'S DRUG STORE, REQUESTS APPROVAL OF A MASTER DEVELOPMENT PLAN FOR A COMMERCIAL CENTER AND SPECIFIC DEVELOPMENT PLAN FOR THE ECKERD'S DRUG STORE; LOCATED ON THE NORTHEAST CORNER OF ORACLE ROAD AND HARDY ROAD, PARCEL #225-120-65A (Continued from 02/04/04) 03/03/04 Agenda, Council Regular Session 3 Explanation: The site is 8.85 acres and the zoning is C-1. The development will be built in two phases; phase one will consist of a drug store and drive- through pharmacy and phase two will consist of various restaurants and office/retail uses. TOWN MANAGER'S REPORT COUNCIL REPORTS DEPARTMENT REPORTS CALL TO AUDIENCE — At this time, any member of the public is allowed to address the Mayor and Town Council on any issue not listed on today's agenda. Pursuant to the Arizona Open Meeting Law, individual Council Members may ask Town Staff to review the matter, ask that the matter be placed on a future agenda, or respond to criticism made by speakers. However, the Mayor and Council may not discuss or take legal action on matters raised during "Call to Audience." In order to speak during "Call to Audience" please specify what you wish to discuss when completing the blue speaker card. ADJOURNMENT POSTED: 02/25/04 4:30 p.m. Ih When possible, a packet of agenda materials as listed above is available for public inspection at least 24 hours prior to the Council meeting in the office of the Town Clerk between the hours of 8:00 a.m. — 5:00p.m. The Town of Oro Valley complies with the Americans with Disabilities Act (ADA). If any person with a disability needs any type of accommodation, please notify the Town Clerk's Office at 229-4700 INSTRUCTIONS TO SPEAKERS Members of the public have the right to speak during any posted public hearing. However, those items not listed as a public hearing are for consideration and action by the Town Council during the course of their business meeting. Members of the public may be allowed to speak on these topics at the discretion of the Chair. If you wish to address the Town Council on any item(s) on this agenda, please complete a speaker card located on the Agenda table at the back of the room and give it to the Town Clerk. Please indicate on the speaker card which item number and topic you wish to speak on, or if you wish to speak during "Call to Audience", please specify what you wish to discuss when completing the blue speaker card. 03/03/04 Agenda, Council Regular Session 4 Please step forward to the podium when the Mayor announces the item(s) on the agenda which you are interested in addressing. 1. Please state your name and address for the record. 2. Speak only on the issue currently being discussed by Council. Please organize your speech, you will only be allowed to address the Council once regarding the topic being discussed. 3. Please limit your comments to 3 minutes. 4. During "Call to Audience" you may address the Council on any issue you wish. 5. Any member of the public speaking must speak in a courteous and respectful manner to those present. Thank you for your cooperation. A MINUTES ORO VALLEY TOWN COUNCIL REGULAR SESSION FEBRUARY 18, 2004 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 6:00 PM CALL TO ORDER 6:10 P.M. ROLL CALL PRESENT: Paul Loomis, Mayor Paula Abbott, Council Member N' Bart Rochm an, Council Member EXCUSED: E � Werner Wolff, Vice Mayor Dick Johnson, Council 1\ ber �•s ar y y T6:00?), EXECUTIVE SESSION AT OR AFTER 6:00 PI MOTION: A MOTION was made by Council M enrochman and SECONDED by Council Member Abbott to go into Ex ecuw -e Session atF ,, for the following /k,,.,may t. �, purpose: � = ,:, , � ljy 1 Pursuant to ARS 38-431.03(A)(1 s` 'a.°a adre-ire• ardingupdate review of Stanley Wade Starr Cases �� �• �r. 4,tetit;, Mayor Loomis announced r 'h'e)-i anny%$p and Prosecuting Attorney Tobin Sidles would also be pre, in E 'tar'"htty- Ses 7n. /x' F�$. r. G6V� :L•.1s.�gyri%f/, / 'MOTION CARRf,:IED;; J ,- i `�; " Council Member- Abbott and SECONDED 1,\I 01-10N ::: � OTIO -� k ma� y by Council 1\ 1.. Rochmar :y.,::!,',::go out of Executive Session at 6.40 p.m. MOTION CARRIED, Yf^� y r G��f .7 FF r RESUME SSION AT OR AFTER 7:00 PM CALL TO ORDER s: 7: 00 p.in. ROLL CALL PRESENT: Paul Loornis, Mayor Paula Abbott, Council Member Dick Johnson, Council Member Bail Rochman, Council Member EXCUSED: Werner Wolff, Vice Mayor t t 02/18/04 Minutes,Council Regular Session 2 PLEDGE OF ALLEGIANCE Mayor Loomis led the audience in the Pledge of Allegiance. UPCOMING MEETING ANNOUNCEMENTS Town Manager Chuck reviewed the upcoming meetings and events. ORDER OF BUSINESS: There being no objections, Mayor Loomis moved Item 9 up on the Agenda to follow Item 4. CALL TO AUDIENCE The followin Q citizens expressed concerns and questioned thp.`"*g `.:.:lit of the proposed Economic Development Incentive Package for the ro os y.. o 5 M arket lace p �. p � � by to be located at Oracle and Tan e Vestar Development Roads: ,ir .cg Sharon Brown 960 W. Silver Springs Place � �rr fig Dave Williams, 362 W. Spearhead Road (Express d, ncef -egarding I tecentive Packages i n general. Don Bistrow, 12190 N. Copper Spring Trail Terry Parish; 1311 W. Tee Up Way, corngai l ed tie To .. .or getting a duality developer like Vestar interested in the T o ar" � t stat p buf t .t e Incentlye P]an needed some tweaking and we needed a commitm g e `'es .r to stay actively involved in fithe ; Town. He also stated that ther2 :costs as' ` i. /ed with a "power, and there would be an impact on the Town' '�;,Y, ef ;s y, rement sy "'. y tY /�/pp�.s'df�! •:'f /ri...r,..:;.. Richard Feinberg, 1451 Ji stat! a. e e =essed concerns regarding the recent General Plan Survey stating ht due i4. ( to citizens were open ended,interviews should have .�%fFS�/ 4 � JF Nh�":/ been audio taped and .t�.�ra s;cn -� I anually written responses would not be accurate and would be ope O interpi t an. dated that if the Town wants to resolve the problem, then they0-1.!151:1 .sit down ;,a leaders who defeated the General Plan and come upwith an acceptable :,. ral Pl a 2 •/.fir f r?�J/Vi'lli:.: Council Member .611 `f clarified that the Economic Incentive Agreement is not finalized and continu 'to undergo negotiations. He asked that people wait to see the final draft which should come before the Council in mid-March. He explained that everyone will have time to review the final draft. Council Member Abbott asked that the General Plan survey results be placed on a future agenda for an update to the Council. 1. CONSENT AGENDA Mayor Loomis pulled Consent Items G and I for discussion. t t 02/18/04 Minutes, Council Regular Session 3 MOTION: Council Member Johnson MOVED to APPROVE the Consent Agenda with the exception of Items G and I. Council Member Rochman SECONDED the motion. MOTION CARRIED, 4 —0. A. Minutes — 01/26/04; 02/04/04; 02/09/04 B. Building Safety Activity Report— January 2004 C. Police Report —January 2004 D. Report on Status of Emergency Re-Equipping of Well C-5 E. Resolution No. (R)04-09 Authorizing and approving the execution of an Intergovernmental Agreement between the Town of Oro Valley and the State of Arizona to utilize the HURF Exchange Program for the La Canada Drive Extension: Tangerine to Moore Road Project No. 0V 31;41/01 09. F. Resolution No. (R)04-1 0 Approving and authorizint, ,e` ayor to accept the YY Bid and Award of Contract to Jani-King of Tucso e Annual Custodial Sa !Ary� .., Maintenance Contract in the amount of S71,94 9:sl Appointment of Peter Salona for a one ye "� G. gat�n�n expir�rl�.' : ober 30, 2004 and Ihor Kunasz for a two year term expi r October 30,26 =: : the Storm Water Utility Commission (PULLED F :' DlSOSS1ON) H. Award of Contract to Trinity Southwes ::. trirs and Engineers,LLC in the amount of 5499.339.00 for C and D f ain Extension located in the vicinity of Lambert and First :; :gnue - Oro`' ::-:` !' Water Utility Project No. �n:�t:�h- / ''•'�c�mfr OV21-10-03 and OV21-08- :: `;` 4 Approval of changes to the 2 C0 , 004 ti:1.4g 1. 1- a . and Zoning Commission Work Plan (PULLED FOR D . I :::: s M N! l G. APPOINTMENT OF TER.SALONG`.A FOR A ONE YEAR TERM EXPIRING OCTOBE.1 3 200.4,<, TMJ 11H(. `1UNA S Z FOR A TWO YEAR TERM EXPIRING OCA' B.LieO� QI5„, `r0 THE STORM WATER UTILITY COMMISSION 4' OW' /lf f" rm Wa e'° dmin trator, reported that the Town has received a letter Jim H ossl e�' .� ,, � .:, from Mr. Ie , stating t Ole would like to be pulled from consideration of the appointment Storm ;ter Utility Commission at this time due to health issues. . Sits �✓ MOTION: Councr : ` giber Rochman MOVED to APPOINT Peter Salonga to a one year term expiring Oc'giber 30,2004. Council Member Johnson SECONDED the J motion. MOTION CARRIED, 4— 0. 1. APPROVAL OF CHANGES TO THE 2003/2004 PLANNING AND ZONING COMMISSION WORK PLAN In response to a question from Council Member Abbott regarding the submittal of the Planning Zoning Commission Work Plan, Community Development Director Brent Sinclair explained that the Work Plan is presented to the Council at least once a year for approval. However, they have been presenting a status update to the Council at least twice a year. 02/18/04 Minutes.Council Regular Session 4 Council Member Abbott staled that she would like the Council lobe cognizant of the importance of the Town's Livestock Mitigation Plan and suggested that the item's priority be re-evaluated. MOTION: Mayor Loomis MOVED to APPROVE the Work Plan as presented and to direct staff to re-evaluate the priority for the Livestock Mitigation Measures and bring it back to Council in one month. Council Member Abbott SECONDED the motion. MOTION CARRIED, 4 — 0. 2. PRESENTATION OF STATUS OF RECLAIMED WATER SYSTEM PROJECT N Tom McClean, CH2MHill, Design Consultants, updated the Co ,t- on the Reclaimed Water System Project. He recapped the progress to date and o` ] that it "was time for construction." He reviewed an overhead map of the pro p:x rrja ' `..:kin ed that the bid -40 opening for the project was held on February 11th. Mr. can expl.: d that the bids are now being evaluated and the bid award will be befre the Town Councilon March rdA 3 . He further reported that the project will take p. xim one year construct. He then thanked the Mayor, Council and staff fol I u ,. _c on the project. •!ilii]%:y;:.-.-. 3. REQUEST FOR APPROVAL OFFISCAL I A . 2004/2005 CAPITAL IMPROVEMENTS PROGRAM `": . ,` ]{ , Community Development Director Brent " jers that the Capital Improvements /lf FFF J Program (CIP) is the method b� `w h the 'o ? j deteimines future infrastructure requirements and plans thn.nchVof facil .i / and equipment to provide services over Allir a five-year period. H e gmanined ff a ':: ro"f -is cost over S10.000, have an expected useful life of two or more't nK r r$-::--:::r::r n" a1,s ad 1a, nn asset of the Town. r ,<_r �,c�/, *fi r/ .s yr/� / I/ Mr. Sinclair sui.Txna : -�'lhe o o `'ng categories: sa!A" • Gen �C'A'v J� e' and 4S,A00::4- ssum do . o ects (deemed absolutely essential to the Town involving :..omnca utchases. o N .... scu .ton projects (important but did not make the definition of Ass ..A _ .n projects.) (These are ranked according to criteria established by the ouncil and the Technical Advisory Committee (TAC.) • Highway User Revenue Funds • Townwide Development impact Fee Project Fund Town Manager Chuck Sweet thanked the TAC for their work and efforts on the CIP. He stated that his recommendation did not discount their efforts, but he is recommending that the Town Council delay adoption of the CIP until the Operating and Maintenance(O&M) Budget for fiscal year 2004/2005 is reviewed. He explained that there are a number of factors that go into the development of the 0 & M Budget that may affect the CIP plan. He then reported that he expects to present the Budget to the Council beginning May 1" and he will prepare the schedule for the Budget meetings as soon as possible. M 02/18/04 Minutes,Council Regular Session 5 MOTION: Council Member Abbot MOVED to DELAY adoption of the Fiscal Year 2004/2005 CIP until an Operating and Maintenance Budget for Fiscal Year 2004/2005 has been presented to the Town Council. Council Member Rochman SECONDED the motion. DISCUSSION: Council Member Abbott (who served as Council representative to the CIP) thanked all who worked on the committee and stated that there was a lot of effort and thought put into the process. MOTION CARRIED, 4 — 0. 4. PUBLIC HEARING —REQUEST FOR APPROVAL 0 - HE APPLICATION FOR A SERIES 12 (RESTAURANT) LIQ),I LICENSE FOR FAMOUS SAM'S #17 LOCATED AT 8058 N. ORACLE P.. ,,e,''',.?' li!,,,e,„,,,. -----, ' ,,,,,i,! ..,,, Town Clerk Kathryn Cuvelier reviewed the Council Co i ... unication<aife stated that an application has been received for a Series 12 (Reslaur�nLiquorLice -Famous p -.Vii-- "::',... --,,,,,,,:::: rr✓�'Sam's #17 l0 8058N. Oracle R �Iltk't,,,,,hq';' Gated at oad. -: In response to questions from Council Member Johns ;,,.ark Detwiel l er, 9850 N. Rocky Wash Drive, General Manager of; ': ous Sam s `: . tared that currently about `•:�.. e how their current sales 56% of their sales are food sales. He std �k :.�.��, as not Y N N��� impact the "Smoking" Ordinance. li `y°% ' ft-,, 40,47-3q,',2-:„--2- -0.140',,- Mayor Mayor Loomis opened the public v.i.1:- ,0.41,- 4-, -,T,:-,, -, ri Sharon Brown, 960 W Sib r Splg p., ce, s' estioned the Series 12 Liquor License and how it relates to the smo 'F 6./ .•a 6 :, e-expressed concerns about families with children and also e :nant nor- who may be impacted by second hand smoke. She we a„ 5y r�•, • suggested that t eTd an I -cCurrent smoking ordinance. � /4,, � yi/ ,� yrr/r�� ��rfr''lrJ !J r Y!/G Mayor Looxr . losed the 'ilichearing. --,,,,44;;;,'' 7'' MOTION: Cou ;:,:.�e . er Johnson MOVED to APPROVE the request for a Series 12 Liquor License for-; ` ; Y:,;•..-- auren Rhude and Albert Lauren Rhude at Famous Sams #17 located 8058 N. Orac Road. Council Member Rochman SECONDED the motion. DISCUSSION: In response to a question from Council Member Abbott, Ms. Cuvelier explained that the current license in place is a Series 12 License and because new owners are buying the restaurant,they must buy the same type of license as a Series 12 License is non-transferable. She further explained that the Town adopted the Pima County Smoking Ordinance and Pima County is the enforcement agency for the Town. MOTION CARRIED, 4 -0. c 02/18/04 Minutes. Council Regular Session 6 9. PUBLIC HEARING -ORDINANCE NO. (0)04-08 AMENDING ORDINANCE NO. (0)04-06 WHICH AMENDED THE TAN CODE OF THE TOWN OF ORO VALLEY,ARTICLE IV, CHAPTER 8A,SECT'ON 415, SECTION 416 AND SECTION 417 RELATING TO THE CONSTRUCTION CONTRACTING TAX RATE AND REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH; PRESERVING THE RIGHTS AND DUTIES THAT HAVE ALREADY MATURED AND PROCEEDINGS THAT HAVE ALREADY BEGUN THEREUNDER Town Attorney Mark Langlitz reviewed the Council Communication and reported that on February 4, 2004, the Council adopted Ordinance (0)04-06 which:11'reased the Town's construction contracting tax from two percent (2%) to four percen *4%). He explained that the Ordinance provided for an effective date of April 15,,,M),':! d it also did not sfy�tort�.k ;f provide for exemption of construction contracts entered int e effective date wi a " nt of Revenue;.-•-;:;:',-,7`,,,* :;AOR who Mr. Langlitz further explained that the Arizona Dep;;.,..,,_,:.. • yy- ) ;�;;�.,y.;, '#sifter f: 7 collects the construction contracting lax on behalf.:. :>i e Toit,has requested that the Town amend the Ordinance to provide for effectnie: /4, e beginning of the month which would make administration of the new tax rat . practical and less confusing to the contractors. He also explained that tl; -izona Lead® 041, Cities and Towns has advised the Town that it is the common Go d ene:d ractxsor Arizona municialities tbto exempt contracts entered into prior to - ff ct e.;s t r ohe ordinance. In order for ADOR to exempt preexi stip contracts, th eonIrrigua e must be provided for in the Ordinance. Mr. Langlitz gg f-d thati�t �ouncil amend the Ordinance language to provide for an effective d at! oMy11; 2 004*:-;1:,:i to include language to exempt preexisting contracts. „,,,:r l'',/,, ,, -r;-; Ito„,, , ,5046;44--:;' } it r'%f^ r y'4i'6,3`'Gs•"���+H�i%66��'t fvz i.. In response to questions frog u uncal Member Abbott regarding loss of anticipated revenues. Mr. L: rg Ntz x.;lain ® at the delay would be two weeks and the loss of approximate: `,x.000 pe y wl''''-.e realized by the Town If the Town could have applied th ` ) 15th effect e date to the ordinance. However,since the earliest the Town can ma ;t,he ordin 'f'N' effective is May l st. there is not really any loss to the • Town. He also evaine .. at the Town would lose some revenue from grandfathering or exempting existing:;existinNV cts,but he did not know the amount. Finance Director David Andrews concurred with Mr. Langlitz regarding the fact that the Town could not implement the collection of the construction contracting tax until May 1S1. In response to comments from Council Member Johnson,he also explained that the construction contracting tax applies to all construction activities(improvements to real property) and would not be applied to retail sales at places such as Horn e Depot. Mayor Loomis opened the public hearing. Alex Jacome, 2840 N. Country Club, representing SAHBA (Southern Arizona Homebuilders Association), asked to see the Budget and Bond Committee's study that 02/18/04 Minutes. Council Regular Session 7 justifies increasing construction sales tax. He also stated that several builders are opting to build anywhere but in Oro Valley due to the costs of building in the Town. He stated that this increase in construction tax was a short term fix and if a budget deficit exists, then it should be addressed in a comprehensive, deliberate manner. Mr_ Jacome stated that SAHBA did not want to be pail of the problem, but wanted to be part of the solution. Randy Agron, 13859 N. Bentwater, Vice President of A.F. Sterling Hornebuilders, stated that this increase in construction tax would affect the vast majority of the Town's citizens and not just homebuilders. He said that the Town of Oro Valley will be the most expensive community to build in and he is unsure of the economic viability of future projects in the Town. He also said that the homebuyers will be paying up to 20%more in the Town. He asked that the Council reconsider the ordinance andudy the impacts on everyone involved. it s/ 04,/,rl 4104,-;;;, Richard Feinberg, 1451 E. Triton Place, stated that the Bud `v'and. end Committee recommended this increase to the Council after reviewin ,general regrite enhancement options for some time and deciding that this was the :o `practical for file,;:-, f®wn. He stated that the Committee knew that any type of tal ould a,,act someone, somewhere and they were concerned with this impact. He stag . at4k;ny other towwns in Arizona have alreadyraised their impact fees and the Town or .:, alleyneeds additional funds for roads, etc. and he believed that this w0241P--,, ,,• -. :otter than of&o.tions r'fi�cy {t:y;s'��"�,J;.,``�''�, �' ,,,,, t,,,z,,, fir c , .,-G ti f• Alan Dankwerth, 11515 N. Flying Bird I e_ stated alit e attended th e Study Session .,� ��iry,�•�,,fA/ may�,• is and some of the Budget and Bond Committee .iemng '. e stated that all proceedings were adequately osted and c•o. es h:the ag nd `s and meetings are made available to the public. He stated that them ; ;/� ay'ca"mce fo 1 ,�_ £ mments during those meetings and suggested that parties u1 te, ted iir rfi,��sr on th- genda should be more astute in picking up copies of agendas. et ahe : t . . , ftt ; / / .�ft� '�� r,�: Mayor Loon»s a oe ub is Baring. :,''',,i''!.',, 9. MOTION( council Men •- Rochm an MOVED to ADOPT Ordinance -08 nee , amending Ori nce (0)04,6b. which amended the Tax Code of the Towvn of Oro Valley, Article IV, Chapter;,; ' e eons 4]5, 416, and 417. Council Member Abbott SECONDED �"�����hy���`' the ntv DISCUSSION: In response to a question from Council Member.lohnso n regarding the additional revenue realized from the construction contracting tax increase, Town Manager Chuck Sweet explained that the Budget and Bond Committee recommended that restrictions not be placed on the increase by the Ordinance. He explained that they suggested that it be addressed during the bud get process and then a separate Resolution be approved by the Council to restrict the funds. He explained that it is desirable that 75% of the extra 2% increase should go to streets and roads, but the Cor imittee recommends waiting until the budget process to determine exactly where the funds would be best utilized. . 1 , 02/18/04 Minutes, Council Regular Session 8 In response to a question from Mayor Loomis, Mr. Langlitz suggested that restrictions to the additional revenue not be addressed at tonight's meeting since such action was not noticed and posted for the Council's consideration. Further discussion followed regarding the additional revenue funds,possible restrictions to place funds into maintenance of the Town's streets and roads,and setting a Study Session to further discuss the issue. MOTION CARRIED, 4—0. Mayor Loomis further directed staff to place a Resolution on the next Regular Council Meeting Agenda that would consider dedicating the additional 2% r-; e construction tax at 75% for roads maintenance and 25% for general municipal u,i'" es (using the recommendations from the Budget and Bond Committee.) f .H�/ V l��F1i Ali rvGt r/! ., y15�/�G,. ,':','-' 'IC', at 8:20p.m. The 118--ting resut edX 18:26 p.m. Mayor Loomis recessed the g meeting fJ _.::Mfr/ A°: "+' Jff,. ,,[[+fit,N/..:.; -t ///,... 5. PUBLIC HEARING — ORDINANCE NCL.;to 04.,0 MENDING THE ZONING MAP DEPICTING THE RIPAR1A:'qPPROTECTION !,,,, OVERLAY DISTRICT BY REMOVING 36 PARtl : , LOCATED SOUTH OF TUE CANADA DEL ORO WASH AN:9,;„,, EST OV� `.`::;::,...CLE ROAD AND J � /��f f - J iC REPEALING ALL RESOLUTIONS ¢:! : J' ;; .CESS ►. *F.. RULES OF THE TOWN OF ORO VALLEY IN CON FJ ,.- "Tk f TH;PRESERVING THE RIGHTS AND DUTIES THAT HAVE .:. 17 ±:`': .ATURED AND PROCEEDINGS THAT HA AI„REAdrGUN THEREUNDER 1/ y� -4, Community Developme -It, ` irecto r cnt Sind:- ----..,,!- -reviewed the Council Communication and reported that Town st° .s e est 7rit ninQ mapamendment to the Riparian Habitat Protection Qv;erlay s:Des ict (originally adopted in October 1996) to remove 36 parcels from ther,istr-i an area located south of the Canada Del Oro Wash and west of.:Q `w e RoaFL ex fined that there have been two amendments to the original Rip. .:;ryy :. Overlay` :: trict. One amendment placed a number of additional properties «V i th h:e Ripal ! Overlay District (April 2000) and the other addressed previously unde teN,,v `Mes uite Bosque" and "Degraded Mesquite Bosqueue (September 2000.)-4;e:Mr. Sinclair explained that the reclassification request for the 36 parcels is due to the fact that the three major criteria for evaluating properties for placement into categories within the Riparian Habitat Protection Overlay District are no longer valid. He reviewed an aerial photo of the area and explained that most properties are already developed or are spoken for development in the area, and the availability of water and vegetation fall short of the levels necessary for the previous classified x ero-ripari an designate on. R , 02/18/04 Minutes,Council Regular Session 9 Further discussion followed regarding: • If area is reclassified and taken out of the Riparian Habitat Protection Overlay District, the area could be developed as a C-2 district. There are less restrictions in the Native Plant Salvage Plan than in the Riparian Overlay Di strict. • There is more significant ground coverin-water in the northern most section of the area but it is protected by levee so there is no w at er flow. However, would it be worth protecting this area by designating it as a lesser riparian area? • Codes and Ordinances in C-2 District protect significant areas of vegetation and also offer the Native Plant Salvage Plan. Even if the property is taken out of the Riparian Habitat Protection Overlay District, it does not mean it could not be salvaged or left intact. • Vegetation inventory is required of any development. • Harris Study- Assessment for entire area stated that the_artl 'did not meet riparian criteria. ,,,Oc,';I:, G Mayor Loomis opened the public hearing. X : �yh}i .f� N Sharon Brown, 960 W. Silver Spring Place. expr esse ;cony-N f, regarding'he staff report stating that if concerns existed about classificatioi Q -rpreted by aerial photos, is then the area should be physically looked at or a bet- eto should be taken. Secondly, if field checks are done on a spot basis only /then again :cone should go take a better look at it. She also stated that the aerial"s ar :ptr one yea`‘ ,h and after aerials were taken and before the riparian map update: of�the 3 bels were developed or approved for development.o m ent. She stated th a� t ela e effects of c a n in drainage ppr p �,..: h � g g ;; ����f<rye„ l' �. patterns and of the surroundip Eie / opnneilt%.®r vegetation from its original state. She questioned whether we real: "av-£ �ood p],i.e of what this area looks like and do we take a a ; F really want to y`4. � rian ares:.::.�� the n. l.:. .k4,.„,414,011S.,-;:-,,,,,.,„ N. 6 J .: Mayor Loomis closed the pub ica earing. ,,,00,i, , '',/'-'''- 4,,,,,,,P09-1.1;;:' ,. '4,k,,, Council Men Johnston asked tks—gregate the northern most parcel from consideration ,r; at this tim6144., e, -,-.40,:;;,,„ li" e,,,r,, MOTION: Cou e z.;Me,f, er Johnson MOVED to APPROVE Ord' (0)04-07,�OTI0� �nance • r OV9-03-28, Riparia �•stat Overlay District Zoning Map Amendment with the exception of the Conquistador LLC parcel and continue consideration of this parcel to the March 1 7, 2004 Council meeting with a site tour planned for this area and possibly include a site tour of the Steam Pump Ranch area. Council Member Abbott SECONDED the motion. MOTION CARRIED, 4 — 0. 4 02/18/04 Minutes, Council Regular Session 10 6. OV 12-03-13 REQUEST FOR APPROVAL OF A DEVELOPMENT PLAN FOR A DENTAL OFFICE, LOCATED ON THE NORTHEAST CORNER OF ORACLE ROAD AND MAGEE ROAD, DIRECTLY EAST OF TIDE CHEVRON GAS STATION, PARCEL #225142460 Community Development Director Brent Sinclair reviewed an overhead map of the area and explained that Oracle Engineering_ representing Linaker Properties is requesting approval of a development plan for a dental office on a 1/2 site that has a C-2 zoning designation. He explained that the property is in Ridge View Plaza and was annexed into the Town on May 7, 2003. He stated that the proposal provides adequate parking, access/circulation and landscaping within the site. He also reported that the development complies with the requirements of the Ridge View Plaza Plat as preusly approved by Pima County and all other applicable zoning requirements. Mr. ,`.c air stated that the Development Review Board voted to recommend approval o1velopment plan for this project at their January 13, 2004 meeting and also appr4d t rr -chitectural and , ,Landsca in Plans. � h%- J% In response to questions and concerns from Council ember bbott regal s in access to y, � g the parkinglot and the internal circulation, Mr. Sy N .1 J � ' ed an overhead map depicting access to Magee Road. He explained that trr,'erall Master Plan was poorly designed, but they have worked with the applicant to mak :.e proposal work. He also • .%�f,:M1 .fir r�/: v>.%'�'�•'i3'�%^%N,:' explained that a dental office would not ie:ra.� ch tra J :f ,.r r r% r '144,14;;;;*'-‘,. J Peter Salonga_ Oracle Engineering, re rese _n. t c apiiiicant, Linaker Proper-ties. stated that the doctor's main concei r N, � th sec rt,, and any access off the back side of the was of concern. 1 : so J=st ed thati f i property :,r .. , ��.t umber of parking spaces meets the requirements of the To v k:-_, -'" li: rr'r`_,'�Jrtie r, . r/�r MOTION: Council,; 1embeO^ . ott MO ED to APPROVE OV12-03-13, Development Plan for the proposeda al ofcef,effective on the date of satisfaction of the conditions '''''':;O:5';,;-- listed in Exl ��� ; ;IA." ; ';, F' EXHIBIT ``A . .� jr ik ,A, dr': 1. Provide the De\ ,l `%ent Plan scale (1" = 20') within the title block of sheet I on the Development Plan. 2. Add a stop bar to the exit lane of the access. 3. Keynote 2 shall state "see detail outlet spillway at parking lot on sheet 4." 4. Provide a detail for keynote 11 on sheet 3 that shows how the overflow from the north water harvesting area will exit through the site wall. Include wall opening dimensions. 5. Show the ADA access ramp from the ADA parking on the Development Plan. 6. Correctly depict 1% drainage along the east side of the building from the highpoint south to the ADA access ramp area of the parking lot. 7. Relocate the low-point elevation of the parking lot to position the wall opening (shown in the outlet spillway detail) away from the corner of the site-wall. 8. Cleanup any type-overs on the Development Plan. 02/18/04 Minutes, Council Regular Session 11 Council Member Rothman SECONDED the motion. MOTION CARRIED, 4 - 0. 7. 0\712-03-29 REQUEST FOR APPROVAL OF A PRELIMINARY PLAT FOR 360 SINGLE-FAMILY LOTS, LOCATED IN RANCHO VISTOSO NEIGHBORHOOD 10 AND 11 PARCELS B, C AND AC, NORTH OF h-IOORE ROAD ABUTTING THE WESTERN BOUNDARY OF THE RANCHO VISTOSO PAD, PARCEL #219190026 Planning and Zoning Administrator Bryant Nodine reviewed an overhead site map of the area and reported that MMLA representing Vistoso Partners, is requesting approval of a preliminary plat. He explained that the site is approximately 118 acres and has a Rancho Vistoso Planned Area Development (PAD) land use designation o . cdium density 16'4,6'i residential (MDR) and the average lot size is about 7,000 square. He further 444 explained that a PAD amendment in May 2002 allowed for re 4etbsacks for homes with side entry garages and provided for restrictions on two-4 pry <� .J J.; r�J, Mr. Nodine reviewed the recreation and trail areas an' 'plained that t1 feation concept plan was previously approved by the Cour ��r Here orted Murat the Golf Course Overlay Zone applies to this plat. He exp• . t • e applicant has requested a reduced setback in some areas near-the golf course. k: course architect has evaluated the property to determine the appropriate etbacks. \ii ,.alone stated that the plat meets the required setbacks with the exce tioli*[.of o�t•s•, 0y1� 308. , "a 'f is recommending that an p �sy 'ry�, e(r,�� R}pyf.��; 4 Jv%J i encroachment line of 30 feet be allowed R � rnotF3 - �':0 with a patio wall placed along the encroachment line. This would p e 'f,000 eet from the tee box to the end Vasem of the driving range as recon.Jx e: d by thelgo,, Jcourse architect. �,J,'iJy"J sFJtR; Mr. Nodine further rep rt that tle.J i climrna. plat meets all the conditions of the F .//RAN:..;.. ,����'` i�Ay,:i�f}�� AD.vi. �fo.C4/ r3'.� Rancho Vistoso PAD and �p i.uir ent "the Zoning Code. He stated that staff recommends approval of th`eaminaiy pat with conditions listed in Exhibit "A" r (attached to the t f of \\-it . e exception of Condition 5 which should be removed as it is cover:. the CV--;" t 65g, • F.�'%.i s/iJ Discussion fdife: f ed regar . • ■ 1.000 fey�'' `�4 Jaa:b t number. Look at topography of site. Can a golfer realistically , all that far? ■ Golf Course S `erlay requirements. ■ Zoning Code provides that the Town Council can approve reduced setbacks upon the recommendation of the golf course architect if deemed appropriate. ■ Concerns expressed regarding the letter from the golf course architect. Looking for wording stating that he does or does not recommend approval. ■ Traffic and circulation — Current condition states roadways must be completed before Certificate of Occupancy is issued. Previous subdivision approval restricted building to Model Homes until the roadway (Moore R(Dad) was completed. ■ Building envelope is the area where the building is allowed to be built. 02/18/04 Minutes, Council Regular Session 12 C . Rancho Vistoso PAD calls out for dedication of two school sites: Painted Sky Elementary School has been built in Neighborhood 7 and Neighborhood 10 also provides for an elementary school site. Once dedication is given to Amphitheater School District, they have 10 years to build on that site or it reverts back to Vistoso Partners. ■ "Eyes On" for parks allows for surrounding neighbor's visibility to the parks for monitoring. This is a good crime prevention approach and is looked at during the landscaping plan process but it is also balanced with the privacy of the neighbors. The Development Review Board will consider this aspect when looking at the landscape plan. Mayor Loomis recessed the meeting at 9:15 p.m.. The meeting res .ed at 9:25 p.m. r! .s Valerie Feuer, MMLA, 800 E. Wetmore, representing the ap.• ca Vistoso Partners, reviewed the golf course setbacks for the driving range. Sheeviev < verhead exhibits depicting the requested setback encroachment and re ort rat theVitt • Golf Course p g q P _• xt ry:: was previously approved by the Town Council and met and/or exceeded . :conditions at that time. Since a ns approval, the Town ilemented olf;sf` urse Overla District which provided for more stringent setback iequire: ,,:...•, :, "' also stated that the Golf Course OverlayDistrict provides for the flexibility t617661, at the terrain, etc. on an P y individual basis. 100;,, Ms. Feuer further stated that there is afo4 , ,...1. t e end of the drivingrange and the back of the lots which is a miti gatr` §I ac r fol encroachment into the Overlay District. She stated that condistlet,,of Exl ib ,.'A" is impossible to meet as it provides for a 300 foot buffer which �ce a wai. 3` oulddt the back of the neighbors houses on lots 301 — 308. She then re `fid the,;0_,1:„.c,pftrurse‘o,nd lot layout that depicted the berm folU�c''�//��Ty��..�,�t o ft .�§rff� proposed patio walls. s the"ten. •-the driving range, berm and wall. � !/:`elf Mark Oswald, .:::�.:�ene'iWa S 4nagtnfthe Vistoso Golf Course, reviewed the layout and conditions o, t °° drivmn� ran e an tie\pl ained that with the current conditions of the driving i u e ,ee setbacks` `:d encroachment were not a problem. He stated that only if the berm wastaboved \ u.1 there be a problem. He further explained that they have added targets, fla clian ee the mowing patterns, added bunkers, etc. to the driving range to make it loop'a golf course and provide targets for golfers to improve their Ng.precision. In response to a question from Mayor Loomis, Dick Maes, 945 W.Vistoso Highlands Drive, Vistoso Partners, reviewed the corridors and setbacks as established when Mr. John Weiskoff first designed the golf course. In response to a question from Council Member Abbott, Mr. Maes explained that the school site was set aside with plans to turn over the deed when the School District was ready to build on it. He explained that to date, there has been no discussion with the District regarding any current plans to build another elementary school. k . 02/18/04 Minutes, Council Regular Session 13 In response to a question from Council Member Johnson regarding the financial impact of the homes, Mr. Maes stated that if the 30 foot setback was required on lots 301 — 308, they would not be able to build on those lots. He further stated that he expected that the price on the houses on those lots would be in the 5400,000 range. Mr. Maes also stated that they plan to landscape the area running along the back side of the berm with trees and bushes to enhance the appearance for the residents and further protect the residences. Council Member Abbott expressed concerns regarding the layout of the lots near the recreation areas and providing "Eyes On" visibility to the parks. She stated that if the visibility is addressed later during the Landscape Plan, it is too late by then to make adjustments as the lots are already approved. As the lots are laid out now, visibility is not clear from many points around the parks. In response to questions from the Council regarding "Eves 9n" a 'i -ecreation facilities, Mr. Nodine explained that the eastern park provides adequ ::f : r ::. but the western park was placed at that site due to access to the open sp�y'.•a•,'5. //and trails Hurther explained that the Landscape Plan would layout the spof is facilities th=at, '-ll be placed F in the recreation areas. Mr. Nodine also explained'th "Ey, :Cn" criteria yeas not �r� iY"'. covered in the Zoning Code but was included in 111‘;_,,,f.,,,,,,,,,. ork Plan for consideration. He explained that when they have De`vae "hent Review Committee '4F 4,',,'k meetings, they begin to look at recreatioi ' as and the tal layout of the projects. fg It04:01w::?:--,,,,f. r if-'./' Mayor Loomis opened the floor for publiomnient p 1.,!,,,711!.:„t `/Don Bpr Traepi concerns about the traffic that """"777777 .r' `x�� • would be generated by the c1 .clo y. nts andiplimpact on North Copper Spring Trail. He stated that the Counc1l• as beer h l ;fur in past about putting restrictions on construction traffic unt l '$ br Road n . nth La Canada Drive are completed. He asked that restriction:regai'd'`r. onstruction traffic be placed on the development and :::f:; also that the Co��.x c �•res.. ct iso once of building permits with the exception of the model ,r f f wy� y homes until a�� $;coad �:,;....... : y�,•:x... �� e.. • lace functioning. inn<'yf,�' '..`;;ivy:,H� °Y tc Sharon Bros- "` . � W. Sil� ���:-'Spring Place, expressed concerns regarding the safety of AW the residents on'`f,:. .:::..!y o"ttl� Ce ser Spring Trail and stated that no through construction traffic restrictions were not,,b:e enforced. She also asked about the construction of the Moore ill if Road extension and s `owed pictures of Moore Road depicting illegal dumping. Doug McKee, 1 .1836 Cassiopeia, addressed the golf course driving range issue. He stated that the driving range was grass and typically the tee areas are moved. He questioned where the tee box would be placed and stated that maybe more investigation needed to be done to decide on the right course of action. In response to a question from Council Member Johnson, Mr. Macs explained that the permit to build Moore Road to their western property line and La Canada is tied to Parcels X and Y and is also proposed in the conditions for these parcels currently being discussed. He explained that the roads must be built before they can build anything with • 02/18/04 Minutes,Council Regular Session 14 the exception of the model homes. He stated that they intend to build the roads in conjunction with the subdivision. He explained that they must "balance the dirt" and there is a shortage of dirt for the roads. He stated that their contract with the buyer was signed this week and the contracts will be sent to the bank for financing to complete the project. He said that he expected to have an answer and be under construction by April. Mr. Maes stated that whatever parcel they start on, the obligation to build the roads is attached. Council Member Abbott read a portion of a letter from Ken Scoville, Amphitheater School District, stating that "Before approval of this project, the District requests the developer provide the deed for the 10 acre school site dedicated on the Rancho Vistoso PAD." MOTION: Mayor Loomis MOVED to CONTINUE thisite ..Y,,. 1-��� lar ch 17, 2004, • • i If K f with direction to staff to get correct wording for Condition.: .: era ::Y:.4, Certificates of Occupancy or Building Permits, resolve issues associate �i'th Condit . , to resolve any issues with the School District's request for Vis:.t • i artners tul-nii f`' ": r the property as identified in the PAD and a recommel .- �•°on fi-o ` e P i ofe"'sional as to r golf whether or not they feel the variances to the requirr::;., a;FA.:1 all the lots should be recommended. Council Member Abbott SECONDE•-4�::r °motion. MOTION 3r/,c'• CARRIED 4 — 0 si/ 8. 0V12-98-22A REQUEST FOR`�A R044::;,9..„ A PRELIMINARY PLAT �� . ••+i.'.:.: .G illi.• FOR EIGHT (8) SINGLE-FAA/11U% LOTS iYµ4 f: ` I TONE CANNON I1, LOCATED ALONG 1OW1 ONJ: / MOOT,AIN DRIVE RANCHO VISTOSO NEIGHBORHOOD 11 13„,'t CEL Community Developments c Br:.en c air reviewed an overhead map of the proposed 8 lot Prel,i .. , aly a e explained that the Final Plat for Stone Canyon II was approved by tlq:06oir No-�:1Der 1999 but these 8 lots were not platted with the original subdi cion. Ike • :laine " at in .Tune 2002, a Rancho Vistoso Planned Area Developm999���"e"' rj • D) amer: ent was approved that converted open space to low density residential an'—dr-4' plicabMonditions to the PAD amendment have been completed. 0 Mr. Sinclair explailik4.i some of the lots have areas within the 25% slopes. He stated that none of the areas 77ithin the 25% slope will be graded and the areas will be protected by a conservation easement. Mr. Sinclair further explained that each lot is a minimum of one acre and the grading is restricted to 20,000 square feet. He also reported that on January 15, 2004, the Development Review Board recommended approval of the preliminary plat with conditions listed in Exhibit "A." In response to a question from Mayor Loomis regarding Condition 2 (water supply,) Water Utility Director Alan Forrest stated that there were two issues. H e explained that several of the lots are at an elevation that could be above the pressure zone (H-Zone) that currently provides water to Stone Canyon II. Because of that, the lots could experience low pressure. He explained that the State requires that any water provid er must maintain 02/l 8/04 Minutes, Council Regular Session 15 a minimum of 20 pounds per square inch (PSI) of water pressure at the meter. He stated that they could actually do that with these lots, but the problem is that the Town's Code provides that the intended range for pressure for any customer be between 30 and 40 PSI. Therefore, the 20 PSI would meet the State's requirements but it does not meet the Town's self imposed standards. Mr. Forrest explained that if there was a problem with the pressure, the developer would need to remedy the problem. Mr. Forrest explained that the second issue is with the cluster of lots 399 — 402. He explained that when Stone Canyon II was designed and built, these particular lots were not part of the subdivision so there is currently no water main that connects to these lots. The infrastructure would need to be put in place before they could receive water. In order to cover the two issues, Mr. Forrest suggested that Conditi. be changed to read: "Stone Canyon II is supplied b y theht. - } pp } Water Utility's H-Zol..e�::-���by lot above the 3.120 foot elevation contour may receive low pressure. Anv a e infrastructure required to remedy this situation will be the responsibility 04 :t: ex' e er•" He also suggested that a new condition be added: "Lots 399— 4, do not ha\ 4, ter distribution facilities adjacent to the properties. Lots within thea .;}`controlled by fh :ondition shall not be released for building permits or constructio until suAtime as wat-r infrastructure is constructed by the developer." Charlie Hulsey; The WLB Group, ieprese/.ytin Vistosox° , :ers, stated that do not have any issues with conditions as presented y oncct. He< " stated that they do not have any problem with the remaining con :r"•on ••, fU.r �.i FR.�k�i tf/r l?;. In response to a question front galt,.. Loon`tr,: '::garding the applicable conditions of the PAD Amendment, Mr• Si1c a ea�14i-ied that,:;,.:e ZoningCode is veryspecific about the p P , k timing of the conditions arta'those, ,;address at this time would be addressed during the Final Plat. 0,<•:`.<•: /' Mayor Loomisquest. ned whit✓: `: anal Plat (the Final Plat for the first 81 lots or the Final Plat for thee ;t.f.rts) wo /:iii `e they " g mer" requiring that the conditions be met. Mr• Sinclats Meed that the $:e=ould interpret it as either one, so it would be the plat that N went SYforward-*'": :� Mr. Hulsey stated aiRibey were told it would be the Final Plat on this request for the 8 lots as it would be they trst plat to go forward. Mayor Loomis recessed the meeting at 1 0:30 p.m. The meeting resumed at 10:38 p.m. Town Manager Chuck Sweet explained that the confusion is that the condition in the PAD amendment refers to the final recordation of"the"plat. It was not anticipated that there would be two plats, one of 8] lots and the other of 8 lots. He then asked Mr. Nodine to read the conditions of the Final Plat. At the request of Mr. Sweet, Mr. Nodine read: "Prior to recordation of the Final Plat associated with these amendments. Rancho Vistoso Partners shall complete all trails 02/18/04 Minutes, Council Regular Session 16 shown in the PAD except those that are part of future developments and shall provide public access to all those trails through recorded easements." He stated that this was one condition that has not been met and this condition anticipated that there would be one Final Plat. He also stated that the other condition of the PAD amendment that has not been met is the relocation of the Agua Canada Trail with an alternate trail alignment. The PAD Amendment condition read as follows: "Vistoso Partners shall deed to the Town a 2 acre trail head, shall deed land or dedicate easements for connecting trails through their property to public lands, shall contribute S50,000 to the Town for the cost of providing access to, and trails from, this trailhead." He staled that there was no timing associated with this condition but it was a requirement of the rezoning of the property. Further discussion followed regarding: -ry • Do all conditions of the first Final Plat need to be com le:. : or approval of this Final Platy : f • .,,,41:4%;0-, ■ Are both Final Plats tied together? Tentative Plat oo :Bots .t,, lied separately. The Tentative Plat has also been filed on the furst'� a� ots• '`";'y • Should address in Final Plat stage not Prelimi a"r Plat stage. '.:,,,k,,, ,, • Should resolve problem now• Meet to nc 4 .a 'e why,,::. -;Final Plat t e Zoning conditions have to be met on• When do ohI weed to be completed? • Conservation easements— Adjustments shoo �:_��'" v Before the Council for determination. 4:.:;�,,, Areas need to be -tot�ected v�3-~/% g.k+'d H%�:. iii H //l.; i" fid ,Y:ri• /. \1 OT1 ON: Council Member Johnson MO,`'.ED jo" s` .;.,10 E OV 12-98-22A, Stone Canyon IIA. Preliminary Plat for lots 134 39 -403ry; ancho Vistoso Neighborhood 11 with conditions as listed i �q,,+ i "A" a te(.Amor"anges as recommended by the Water Utility Director. Counciltherchman" ONDED the motion. -' a:,:!.i.,, AMENDMENT TO T1 ,9.MQ'. ; request of Counci1 embel Abbott,, Condition 1 was chapped to��r04 Conservation easements shall be recorded with the Final Plat and with the"e ecas�o .x:399-403 for all no build areas. Any proposed changes or (4.4'1�tmmen 1 :... e coi >ation easements shall be reviewed b • the Town Council. Na:: EXHIBIT "A'' (`', -,h' m need per motion.) i'/7 1. *Conservation eas »ents shall be recorded with the Final Plat and with the deeds to lots 399-403 for all no build areas. Any proposed changes or adjustments to the conservation easements shall be reviewed by the Town Council. 2. *Stone Canyon 11 is supplied by the Water Utility's H-Zone. Any lot above the 3,120 foot elevation (contour) may receive low pressure. Any water infrastructure required to remedy this situation will be the responsibility of the developer. 3. *Lots 399 — 402 do not have water distribution facilities adjacent to the properties. Lots within the area controlled by this condition shall not be released for building permits or construction until such time as water infrastructure is constructed by the developer. 4. Add missing bearing and distance data for the proposed lots per the closure calculations on the Preliminary Plat. 02/18/04 Minutes,Council Regular Session 17 5. Correct the invert elevations for the culvert crossing Blazing Canyon Trail for lots 134 and 135. 6. Complete the recording data for the slope and drainage easements. 7. Correct the table of Finished Floor Elevations for lot 399 on sheet ] to match the Finished Floor Elevation for lot 399 on sheet 4 and hydrology addendum. 8. Correct Detail 3/1 to match the Stone Canyon 36-foot Private Drive Easement detail accepted by the Town of Oro Valley Development Review Division as of 12/20/00. DISCUSSION: Mayor Loomis suggested that the issue regarding the conditions of the Final Plat be placed on a future agenda for further discussion and resolution. MOTION AS AMENDED CARRIED, 3 — 1, with Council Mem , Abbott opposed due to the platting into conservation easements and no means o n ®rcement at this time. N>rs F 9. ITEM 9 WAS MOVED FORWARD ON THE A G EN ITEM 4. f f l Fffb f TOWN MANAGER'S - No :.Y~� iti , REPORT report. , • • COUNCIL REPORTS 1440;0',: .; /H�ra Mayor Loomis announced that some of t;e ::ouncil will be meeting with the K4',,..itHyaljf f'� Legislators in n Phoenix on Thursday • '� �,�=r�r,, DEPARTMENT REPORTS7-;:ii,-.4,09; :;;•H�`+f.�r.y.J;%J J Y:f. Police Chief Danny Sharpireported:s at in cdiginction with McDonald's; a safety campaign was kicked o .t wou1 {{ i\._e chil41 n who are wearing a safety helmet when 7Jk^`a!r�::ir;. ,,li' r<,..r.�>.,r••i;1.��/rt,'.=.,".C'.�?d�&"'��,y„.:;; riding bicycles, skateboa = ,eic/ :cern.# for free French Fries at McDonald's. ,kK F Y h r•r'��41rr5 Community Def ; opricn:;� ii to/r3rent Sinclair updated the Council on the situation at ,lames D. Ka- � - ark ars es orte4o '`at the water fountain at the concession stand will be made o er .I within th : xt few weeks utilizing a gray water french drain. He also reported that`t Ogncessio :land lines and repairs to the tank should be completed b ,.G P y mid-March and t i s for the new restrooms should be ready for review tomorrow (Thursday41 the project going out to bid. In response to a question from Council Member Johnson, Town Manager Chuck Sweet reported that the bid approval for the new restrooms should be before the Council around the first of April. Storm Water Administrator Jim Hossley reported that the bid for the La Canada Extension, north from Tangerine Road to Moore Road, will be advertised starting Friday. CALL TO AUDIENCE —No speakers. 02/18/04 Minutes, Council Regular Session 18 ADJOURNMENT 1\1OT1ON: A MOTION was made by Council Member Johnson and SECONDED by Council Member Abbott to adjourn at 11 :05 p.m. M OT1 ON CARRIED, 4 — 0. Respectfully submitted, Roxana Garrity, CMC Deputy Town Clerk l4iiligiti.i., 40,'"Nii�4 MN:r ik,„. ..,.:,.„ - ,,Ititfoi,:,.,.,.. iiir,' l} G ,.:.:.. rI l L ;e: 4lf ::� f. -,.,.. .':`�•'.'•. }:fly f. N fGY � :y w a4i,......„. GrY/i�' l rr a I hereby certify that the foregoing minutes are a tr :: :arid correct copy of the minutes gid,.,.. of the regular session of the Town of O ato alley Cou t7 { . f Oro Valley, Arizona held on the 18th day of February 200 ;:; < t.yt a ce,i 1i1 that the meeting was duly J called and held and that a quorum was 0:1 ,.,:p.:;::.,., yen �l g fl :,.1".#7,,,N,.",„.,.�.,;,yY lJ ��,,�', ,fey . f7:' f :4:444, :.' f 2004 sir''' f R2, 106 ..1.� ::.�:r�.. },fik '+j' �•M��i��flG•.t.:i.G.f`i dfis :.: ::','-',A,.,-,.::>ffi f. ,...:....Jf•{. v�!tri�jlG�4::G:,•:3?..r,.}<;��•.':k;C 9.i/r:;�?,>Y ".{;.G ✓,%r:,,. f.rf.,.;g•:G•<: ',c•.`r<}y.:y`:9:r�•�y�/',%.:': „..tri./;.!%,4rr:,:;;fr i•l!.;is7':,:':,: f ,i54,5111111:115,- Kathryn fnv fyy.!.{ ¢ n,r Kathryn E Cuv:elierGCM f ;• iliViik.,.„ g '{/1Town ClerkrgS , , - ,ar=t <. '':':orti,, IINs„,.., :,;;Iiii: ....,,,,,,,„: fir::; 421'l:Ji.. 7:141 ,,„,,, 0,,,ipif:;" l!i Nfel. TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: March 3, 2004 TO: HONORABLE MAYOR & TOWN COUNCIL FROM: Bob Kovitz, Public Information Officer SUBJ: Resolution No. (R) 04-11 ; Extension of Lease for Operation of Oro Valley Farmers Market On May 22, 2003, the Town Council approved a lease agreement with Maya Tea Company, LLC, for the initial operation of the Oro Valley Farmer's Market. That agreement was for six months. Based on the success of the Market, the operator has requested an extension of the original lease agreement for the next six months. A copy of the letter from the Market operator requesting the extension and a resolution extending the current lease are attached to this communication. SUGGESTED MOTION: I move to approve Resolution No. (R) 04-11 , authorizing the Mayor to execute an Addendum to the Lease for the operation of the Oro Valley Farmers Market for an additional six months. Attach. ("sob Kovitz, Public Info ation Officer t f Chuck Sweet, Town Manager ` { 15 January2004 144Ay ;g.,...1-', TEA 5, Bob Kovitz COMPAN : Public Information Officer , , Town of Oro Valley 11000 North La Canada Oro Valley, AZ 85737 Mr. Kovitz, I wanted to extend my thanks to you and the staff for all of Oro Valley for their efforts to making the Oro Valley Farmer's Market a success. I believe we can all agree that the market has been a success in all facets. We have been blessed with great turnout from the citizens of Oro Valley and surrounding communities. I am also grateful that we have created a useful vehicle for nonprofit and civic organizations to express their message and provide local businesses an opportunity to promote. Our current lease expires at the end of March. Given the success of the market, I would very much like to see the market continue for the following 6 month. I would like to extend the current lease until the end of September. Please let me know what we can do to begin this process and if I can be of any assistance. Thanks in advance for your help. Sincerely, :i• ` -- , l\ i t M .sh Shah Maya Tea Company maya tea company 225 west flores street tucson, az 85705 phone 520.918.9811 fax 520.918.9812 . RESOLUTION NO. (R) 04-n A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING THE MAYOR TO EXECUTE AN ADENDUM TO THE ORO VALLEY COURTYARD FARMERS MARKET LEASE (THE "LEASE") AS APPROVED ON AUGUST 20, 2003, EXTENDING THE TERM OF THE LEASE FROM SIX MONTHS TO ONE YEAR. 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, 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, the Mayor and Town Council desire to extend the Lease for an additional six months based on the success of the Farmers Market; and WHEREAS, Section 39 of the Lease requires any alteration, change or amendment to the Lease to be done in a writing signed by the parties and the proposed Addendum is an alteration, change or amendment to the Lease requiring a writing under Section 39 of the Lease. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona, authorizing the Mayor to execute an Addendum to the Lease, attached hereto as Exhibit A, as approved on August 20, 2003, extending the term of the Lease from six months to one year. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 3rd day of March , 2004. TOWN OF ORO VALLEY ATTEST: Paul H. Loomis, Mayor Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Mark J. Langlitz, Town Attorney Farmers Market Lease Addendum 1 Office of the Oro Valley Town Attorney EXHIBIT A FIRST ADENDUM TO THE ORO VALLEY COURTYARD FARMERS MARKET LEASE Farmers Market Lease Addendum 1 Office of the Oro Valley Town Attorney FIRST ADDENDUM TO THE ORO VALLEY COURTYARD FARMERS MARKET LEASE This Addendum extends the term of the original Oro Valley Courtyard Farmers Market Lease, (the "Lease") for an additional six (6) months as follows with additions in ALL-CAPS and deletions in strikethrough text as follows: 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 November 1, 2003 and terminating six months ONE 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. Lessor Lessee The Town of Oro Valley, an Arizona Arizona municipal corporation By: By: Paul H. Loomis, Mayor ATTEST: Kathryn E. Cuvelier, Town Clerk Title: APPROVED AS TO FORM: Mark Langlitz, Town Attorney C:\Documents and Settings\bkovitz\Desktop\farmers market\First adendum to Farmers Market Lease.doc STATE OF ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2003, by as the authorized representative of Notary Public My Commission Expires: C.\Documents and Settings\bkovitz\Desktop\farmers market\First adendum to Farmers Market Lease.doc i k TOWN OF ORO VALLEY C COUNCIL COMMUNICATION MEETING DATE: March 3, 2004 TO: HONORABLE MAYOR & COUNCIL FROM: Robert Jacklitch, Project Manager SUBJECT: Project No. OV21-06-03 South Oracle D-Zone 16"Water Main Oro Valley Water Utility SUMMARY: Per the direction of Mayor and Council through the 2003-2004 Capital Improvement Budget of the Oro Valley Water Utility, plans and specifications were provided for the acceptance of public bids for the following project: Project No. 0V21-06-03 South Oracle D- Zone 16" Water Main Oro Valley Water Utility This project consists of constructing a new "D" zone water main in the vicinity of Oracle Road and Linda Vista continuing south and ending at Hardy Road. The main will be approximately 6,000 linear feet of 12-inch ductile iron pipe. The project includes two boring operations beneath Oracle Road, one at Linda Vista and the other at Calle Concordia. The installation will provide service and fire flow to a portion of the recently annexed area. A section of the City of Tucson's water service now lies within the corporate limits of the Town. A formal agreement with the City of Tucson will be finalized in the near future before the Town can begin providing water service in this area. However, a Letter of Understanding outlining the major provisions of such an agreement has been developed. A copy of the letter is attached. The project will be constructed per Oro Valley Potable Water Standards, Tucson Water Standards, and American Water Works Association and in accordance with Pima County Department of Environmental Quality Standards. The project is identified in the first year of our five year capital improvement plan and in the Oro Valley Potable Water System Master Plan 2003. The "D" zone main is an expansion related project. ATTACHMENTS: Attachment A Bid Opening Tabulation Attachment B Location Map Attachment C Letter of Understanding FISCAL IMPACT: The engineer's construction estimate is $747,360.00. Dar-Hil Corporation was the lowest bidder with a bid of $591,902.00. The Utility's Water Project Revenue Bonds, Series 2003 are available in the current year budget for construction. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 RECOMMENDATIONS: A. We recommend award of Contract No. OV21-06-03 to Dar-Hil Corporation with the lowest bid in the amount of$591,902.00. B. Direct the Water Utility Director to prepare a Notice of Award to Dar-Hil Corporation and transmit said Notice along with the Contract Agreement and Bond forms for execution. C. Direct the Water Utility Director to issue the Notice to Proceed in accordance with the requirements of the Contract Agreement upon the receipt of the Contract Agreement. D. Authorize the Water Utility Director to execute Contract Change Orders and/or Supplemental Agreements incidental to the prosecution of Work. E. Direct the Town Clerk to hold the bid bonds from all bidders until such time that a Contract Agreement has been executed. SUGGESTED MOTION: I move to approve the award of Contract No. OV21-06-03 to Dar-Hil Corporation, Or I move to / � Project Ml,ager "'I/4,-- • W U ility D it:/ tor 4(/ Town Manager A ��h m en t A PLEY �� c> � OA. �� �LJNDEO 1� Bid Opening Tabulation O O O © © 0 cNi O n <:, C N c -- 01 O M CO fY3 f.9 kA kA kA H 4< z .--.iH H .� ,Lic: '2 v) v) v) v) 6 - N 14 :‘' '7: 0 ›-' • Z — v] X000 0 a, H N O ,0 c r—' •' N -� N N Nom.(I) CLV '' '� W � oW `°., ›.., LI . ,--, v) ►.-.� Z › aqh,. ,..,PHOUaw U -, 4 <C ›:,) b? rT9 7, (i) t---- -ta0� o "� o o coo 0 • QI czt O 0 00 Oocdoor., Mo O < ;., -o .NH . ~ .N I •-O C 00 N 00 N w Ct X � C) E � C) X � W � o o o = o H CA C © VD U to Fn ' r - oO - OM N • I O H Ct p..: H oo H oH 4, A.: H a "E 6 O Ocid rt' •o ,= bl) v v)M N �' 0 U U 4 czt .. �--� r. C o •- ;� E o U ••ars - ►- to o 74 U W .� .� ct O = U U •a O H ct < ; o •�, o H Z . Q 4 a. UHU . w (i) U a, H Attachment B �u.E Y O 0 7 �Xsy �} , �.ate Ihit. UND ED 1 Location Map ., . . ..... ...... ._ . ,,. ,_.,.,,„-, , , • • 11 12 12 7 N j--. __: "-,2 '� 13 18 41 14 1 . 0111111 V i , • ♦ 01111MMIll� - ,, deb,t *01.14,1-11,11-44arAk A :', iv-pm-EA:0_ air,,,__ ik .. .o',.'-? Wili . Al millit iithrabol i Mr . $%,, 011,4 T I P •1111111114-11Voif . „ ii• f0 Arw 'AI E II �i� '%,Vf' - .,. . . 1171i . � " cr EL CONQUISTADOR WAY MI ,.. ,I i 1- Li .0,Mk, .mom Ail. S . "--- Illi, a VI Agb)illife1111:::';;Iiiii ° , SCALE: 3"=1 MILE iiiiifillE111 Lliiiiiimm .113 ' `'' r1M 1441iP4 RI T-II4. rine 111/ 0 lill I!,' VI 'i }f!T' LINDA VISTA BLVD. u -. 13 14 13 « 1818 23 24 _' pif • 24 19 r. z 1 . Pd1 CALLE CONCORDIA ,� I. NH _ luny "iii i■i :;;.; 4 THISstAmr„ -r,1P,p,\, '!PROJECT mr~4I �■/I/■"�*kw Nononiv- �►�,. 4. Noitv3 , ,,, .../IV ..ih:54L ' • ..i, f,, 11 litAirLIh1I LW23 IIIII HARDYMEM ,24- 19 26 25 25 30 LOCATION MAP . PORTIONS OF SECTION •13 AND 24, .. T--12—S, R-13--E, C&SRM .. PIMA COUNTY, ARIZONA - .- . . .:, .... • I enc ADA %IAIIrV S . Attachment C LEY AR/ ' OQ -17 ,. 410, °�ivDED' Letter of-Understanding 1 a ' •ti LETTER OF UNDERSTANDING Due to a series of annexations by the Town of Oro Valley (Town), a portion of the City of Tucson's (City)water services area now lies within the corporate limits of the Town -(see attached map). In addition, there is considerable interest in commercial development within this area, and the Town would like to help facilitate commercial development in this area. However, major water system improvements are needed to meet the associated fire flow needs. To date,the cost of making these improvements has proven to be cost prohibitive for the developers, as well as the City. Consequently, the commercial property owners in this area have been unable to develop their properties in accordance with their approved zoning. In addition, the Town has expressed an interest in acquiring this service area from the City, consistent with its goal of being the water provider for all areas within the Town boundaries. Even though past discussions have taken place between the City and the Town regarding this issue, it will likely take a period,of time to negotiate the terms of such an acquisition. In order to facilitate development in this area, the Town has proposed extending its water system into this area and providing service to those properties requiring fire flow at a higher flow rate than the City can provide. Long term water service by the Town would be predicated on the eventual acquisition of the City's water system within the subject area. If acquisition does not take place within a specified timeframe, all Town services and any Town infrastructure within the subject area would revert to the City,providing the Town was compensated for any stranded costs associated with its infrastructure. This arrangement recognizes the fact that any infrastructure installed within the subject area would continue to provide a benefit regardless of who ultimately provides service. • In recognition of the above circumstances, the Water Utility Directors for the City of Tucson and the Town of Oro Valley agree to negotiate in good faith to seek and support an agreement that incorporates the following: • Allow the Town to construct an extension of its water system into the subject area in order to facilitate commercial development along Oracle road. The Town, through this infrastructure,would serve only those properties requiring fire flow at a larger flow rate than the City can provide. These properties would become the Town's customers, both for domestic and fire flow service. • Set a timeframe of no more than seven(7) years for successfully negotiating the acquisition of the subject water service area by the Town and providing an alternate water supply to the acquired service area. • Provide remedies for the City and the Town if acquisition of this area is not successfully negotiated within the specified timeframe,to include the following: o All infrastructure installed by the Town and all Town water customers within the subject area will be transferred to the City. o The City will compensate the Town for all stranded costs (i.e., cost of infrastructure less depreciation and applicable fees collected from Town customers) associated with infrastructure it has installed within the subject area. of September,Dated this I'1 day p , 2003. A, .„9 z:91 4111f Ai. IA__ , / Da • 'deer, irirector Alan D. Forrest,Director Tucson Water Department Oro Valley Water Utility TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: MARCH 3,2004 TO: HONORABLE MAYOR AND COUNCIL FROM: Daniel G. Sharp, Chief of Police SUBJECT: Renewal of I.G.A. with Pima County reference Pima County Jail Housing SUMMARY: RESOLUTION NO. (R)04-12 The I.G.A. (Intergovernmental Agreement) with Pima County that permits us to house Oro Valley municipal prisoners in the Pima County Jail is once again up for renewal. As you are aware this was made necessary by the law passed in the 1989 Arizona Legislature,which mandated that cities and towns pay for that service. Pima County has set this year's fees as follows: $86.43 to cover booking and records expenditures and prisoner housing for the first day and$54.86 per day for each prisoner day following the first day. This amount has changed from last year in that the first day fee is higher by$18.21 however the second day fees have decreased by$1.39. The overall difference for a prisoner staying two days is an increase of$16.82. The alternative, of course, is to house our own municipal prisoners which would be cost prohibitive. FISCAL IMPACT: FY 04/05 = $100,000 ATTACHMENTS: 1. Four(4)originals of the Intergovernmental Agreement(I.G.A.)for payment of the incarceration of municipal prisoners for fiscal year 2004/2005. 2. Letter from Pima County reference increase in rates for the housing of municipal prisoners. 3. Resolution No. (R)04-12 SUGGESTED MOTION: I move that Mayor and Council approve Resolution No. 0004-12 allowing for the renewal of the Intergovernmental Agreement with Pima County to house municipal prisoners. Jt �r D- l Sha • Chief o l'olice 614111, i Charles F. Sweet,Town Manager RESOLUTION NO. (R) 04-12 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING AND APPROVING THE RENEWAL OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND PIMA COUNTY FOR PAYMENT OF COSTS OF INCARCERATION OF MUNICIPAL PRISONERS IN THE PIMA COUNTY JAIL WHEREAS, the Town of Oro Valley is a municipal corporation within the State of Arizona, and pursuant to the laws of the State of Arizona, the Town Council is authorized to enter into Intergovernmental Agreements; and WHEREAS, The Town wishes to renew the Intergovernmental Agreement with Pima County for joint and cooperative action for the payment of costs of incarceration of municipal prisoners in the Pima County jail; and WHEREAS, Pima County shall receive and detain all municipal prisoners who are medically fit to be incarcerated in the detention facilities maintained and operated by Pima County; and WHEREAS, the costs of an individual incarcerated in a county jail shall be paid by the municipality in which the charges have been filed; and WHEREAS, the Town shall pay a first day billing rate to cover booking, records expenditures, and prisoner housing and pay a second billing rate for each day thereafter that the prisoner is in the control of Pima County; and WHEREAS, it has been determined that it is in the best interest of the Town to renew this Intergovernmental Agreement (attached hereto) with Pima County, and that the Mayor and Council of the Town of Oro Valley, authorize and approve the Intergovernmental Agreement. NOW, THEREFORE, BE 1T RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona, that the Intergovernmental Agreement (attached hereto) between the Town of Oro Valley and Pima County is authorized to be signed. BE IT FURTHER RESOLVED that the Mayor and any other administrative officials of the Town of Oro Valley are hereby authorized to take such steps as are necessary to execute and implement the terms of the Intergovernmental Agreement. IGA re incarceration fees Office of the Oro Valley Town Attorney's Office/CA•'020304 PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 3rd day of March , 2004. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Mark J. Langlitz, Town Attorney IGA re incarceration fees Office of the Oro Valles Town Attorney's Office'CA'020304 EXHIBIT A INTERGOVERNMENTAL AGREEMENT IGA re incarceration fees Office of the Oro Vallee Town Attorney's Oftice'CA/020,04 Town of Oro Valley Contract No. INTERGOVERNMENTAL AGREEMENT BETWEEN TOWN OF ORO VALLEY AND PIMA COUNTY FOR PAYMENT FOR THE INCARCERATION OF MUNICIPAL PRISONERS THIS INTERGOVERNMENTAL AGREEMENT, entered into pursuant to ARS § 11-952 (as amended) by and between: THE TOWN OF ORO VALLEY, a municipal corporation, (hereinafter sometimes referred to as the "Town"); and THE COUNTY OF PIMA, a body politic and corporate, a political subdivision of the State of Arizona, (hereinafter sometimes referred to as the "County"), NOW THEREFORE, THE TOWN AND COUNTY HEREBY AGREE AS FOLLOWS: 1. County will receive and detain all municipal prisoners who are medically fit to be incarcerated by County. County will provide booking services, and after booking, it will provide for the care, feeding and medical care of said prisoners, except as covered in paragraph 8. 2. Town of Oro Valley will pay a first day billing rate of $ 86.43 dollars to cover booking and records expenditures and prisoner housing. For each prisoner day following the first day, the Town of Oro Valley shall pay $ 54.86 per day. The two rates are applicable to the period of July 1, 2004 through June 30, 2005 and shall be calculated as set forth in exhibit A. The billing day as defined herein applies to each Town of Oro Valley prisoner who is an inmate in, or under control of the detention facilities maintained and operated by the County. 3. "Town of Oro Valley Prisoner" shall mean any person who has been incarcerated as a result of a charge pending in the Town of Oro Valley Court, as a result of an agreement between the Town of Oro Valley and another jurisdiction to allow the person to serve his sentence locally, or has been sentenced pursuant to an order of the Town of Oro Valley Court and for whom the Town of Oro Valley has the Legal obligation to provide or pay for prisoner housing (this Agreement does not create such an obligation, that obligation exists under current Arizona Law). A person who is a prisoner because of an in-custody charge and a charge pending in Town of Oro Page 1 of 6 Valley Court or a sentence imposed by the Town of Oro Valley Court, is not a Town of Oro Valley prisoner. A prisoner arrested by the Town of Oro Valley Police Department on another governmental entity warrant is not a Town of Oro Valley prisoner. 4. Criteria and Rules Governing Billing: a. A "billable day" is defined as that period commencing at 0000 hours and ending at 2359 hours that same day, or any fractional part thereof, of any day the Town of Oro Valley prisoner is in the custody or control of detention facilities maintained and operated by the County. b. "Billable Custody" is defined as any pretrial custody involving a misdemeanor offense which will be tried or adjudicated in Town of Oro Valley Court; OR, any custody pursuant to a sentence imposed by the Town of Oro Valley Court. 5. Criteria for Assessment of Billing: a. The costs of incarceration of Town of Oro Valley prisoners shall commence on the day the inmate was booked or held based upon a Town of Oro Valley charge into Town of Oro Valley Court or sentenced by Town of Oro Valley Court. Costs for incarceration shall cease under the guidelines established earlier in this agreement under the definition of"Billable Day." b. When a prisoner is in custody for a charge or sentence from more than one Municipal court, the billing charges shall be apportioned based on those days of joint custody. Costs for incarceration shall be apportioned evenly between municipalities. If two municipalities have pending charges on a prisoner, each municipality will be charged for half the cost for each day that joint custody exists under guidelines established under the definition of"Billable Day." c. A Town of Oro Valley prisoner who is subsequently charged into Pima County Court and held in-custody on County charges, will cease to accrue billing charges after 2359 hours on the date that custody for County charges is established. County custody shall take effect on the date when charging information is received in the Pima County Adult Detention Center Records Section and the prisoner is actually being held in-custody on the County charges. Also, a County prisoner who subsequently becomes a Town of Oro Valley prisoner will commence to accrue billing charges after 2359 hours on the date that County custody ends. d. In the event of an escape, billing charges will cease to accrue after 2359 hours of the day of escape, or, in the case of a failure to report from authorized leave, billing charges will cease after 2359 hours of the last day of custody. Page 2 of 6 • Billing charges will begin again on the day that the prisoner is recaptured and is actually being held in the Pima County Detention Facility. 6. County will submit a statement of Town of Oro Valley prisoner charges on a monthly basis. This statement shall provide information in alphabetical order as follows: name of prisoner, booking date and hour, release date and hour, indication of booking day billing or subsequent day billing, billing period, daily rates, total billing days, and the total bill. The Town shall be allowed access to necessary computer systems in a timely manner to verify the billing. Any individual prisoner charges contested shall be made known to the County within 30 days after receipt of the monthly billing. If the Town notifies the County of a dispute within the 30 days of receipt of the monthly billing, the Town may withhold payment on those specific prisoners for whom billing is disputed until the dispute has been resolved. No,dispute will be accepted if not made within the 30 days after the receipt on the monthly billing. If not contested in writing by the County, the dispute p will be considered resolved in favor of the Town. Disputes about the billing statement shall be jointly reviewed by both parties and satisfactorily resolved within 45 days of the monthly billing. All charges shall be paid within sixty days of receipt of the monthly billing, excluding contested charges. Contested charges shall be paid 10 days of resolution of the dispute. Charges remaining unresolved after the 60-day period may be arbitrated by a mutually acceptable third party. Town agrees to pay interest on outstanding charges beginning on the 10th day after resolution of the billing at a rate of 10% per annum until paid. Town agrees that a check is sent to County in payment of previously disputed charge, Town will attach an invoice detailing what specific charges are being paid. Town agrees that when funds are withheld due to a disputed charge, the specific charge being disputed, and the amount of payment being withheld, will be specified on an invoice attached to the payment check for the period in which the charge disputed was included. Town agrees to attach to each check submitted to County an invoice indicating the dates for which that check is to be applied. 7. Transportation of prisoners to Town of Oro Valley Court or other locations, only as ordered by the Town of Oro Valley Court, shall be the responsibility of the Town of Oro Valley. The County shall be responsible for transportation of prisoners for medical care after the prisoner has been in jail custody for ninety minutes or more. 8. In regard to booking and related services and procedures, upon submission of the completed booking document to the Jail Intake Support Specialist County will immediately accept into jail custody all Town arrestees that present no obvious health issues that make the prisoner medically unacceptable for booking. The Town agrees that such conditional acceptance will shorten the time officers spend in the booking process and benefit the Town. Within the initial ninety minutes, County medical personnel will make a determination as to the prisoner's medical condition. Town agrees that if the prisoner presents a serious, emergent medical problem requiring Page 3 of 6 hospital examination or medical rejection for booking within 90 minutes of the time of booking, Town will send an officer to the jail to transport the prisoner for such medical examination or care as may be medically required as soon as possible. If a prisoner is taken from the jail for medical evaluation and returns to be incarcerated, the Town of Oro Valley will not be charged twice for the first day billing rate of $86.43. By accepting the prisoner for the initial 90 minute evaluation period County does not in any way accept responsibility for the cost of medical care to be provided to that prisoner should it be determined by County that the prisoner requires hospitalization or that prisoner is medically unacceptable for booking. County will provide such booking and related services as prescribed by operations plans jointly approved by the Town of Oro Valley Police and the Sheriff of Pima County. 9. This agreement shall cover the time period from July 1, 2004 through and including June 30, 2005. County agrees to provide Town with anticipated changes to the per diem rates for the ensuing year by December 1, 2004. The per diem rates for fiscal year 2005/2006 shall be subject to adjustment after negotiations are conducted by both parties. 10. Neither party shall be obliged to the other party for any costs incurred pursuant to this Agreement, except as herein provided. 11. Nothing in this Agreement shall be construed as either limiting or extending the statutory jurisdiction of either of the signing parties hereto. 12. Each party agrees to indemnify, defend and save harmless the other, their appointed boards and commissions, officials, employees and insurance carriers, individually and collectively from all losses, claims, suits, demands, expenses, subrogation, attorney's fees or actions of any kind resulting from all personal injury including bodily injury and death, and property damage occasioned during the term of this Agreement for acts or omissions of such party. Each party represents that it shall maintain for the duration of this Agreement, policies of public liability insurance covering all of their operations undertaken in implementation of this Agreement, providing bodily injury limits of not less than Five Hundred Thousand Dollars ($500,000) for any one person, of not less than One Million Dollars ($1,000,000) for any one occurrence, and property damage liability to a limit of not less than One Hundred Thousand Dollars ($100,000). The parties may fulfill the obligations of this Article by programs of self- insurance equivalent in coverage. 13. The parties agree to be bound by arbitration, as provided in Arizona Revised Statutes, § 12-1501 et. seq., to resolve disputes arising out of this Agreement where the sole relief sought is monetary damage of$20,000 or less, exclusive of interest and costs. 14. Notwithstanding any other provision in this Agreement, this Agreement may be terminated with thirty days notice, if for any reason the Pima County Board of Supervisors does not appropriate sufficient monies for the purpose of maintaining this Page 4 of 6 Agreement. In the event of such cancellation, County shall have no further obligation to the Town other than for services already provided. 15. Either party may, at any time and without cause, cancel this Agreement by providing ninety (90) days written notice of intent to cancel. 16. This Agreement is subject to the provisions of ARS § 38-511. 17. Each party to this Intergovernmental Agreement shall comply with all federal, state, and local laws, rules, regulations, standards, and Executive Orders, without limitation to those designated within this Agreement. The laws and regulations of the State of Arizona shall govern the rights of the parties, the performance of this Agreement, and any disputes hereunder. Any action relating to this Agreement shall be brought in a court of the State of Arizona in Pima County. Any charges in the governing laws, rules, and regulations during the terms of this Agreement shall apply, but do not require an amendment. 18. TOWN and COUNTY will not discriminate against any TOWN or COUNTY employee, client or any other individual in any way involved with the TOWN or COUNTY, because of race, age, creed, color, religion, sex, disability or national origin in the course of carrying out duties pursuant to this Intergovernmental Agreement. TOWN and COUNTY agree to comply with the provisions of Arizona Executive Order 99-4, which are incorporated into this agreement by reference as if set forth in full. 19. Each party shall comply with all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101-12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36. Page 5 of 6 • 20. This document, including Exhibit A, constitutes the entire Intergovernmental Agreement between the parties and shall not be modified, amended, altered or changed except through a written amendment signed by the parties. SIGNED AND ATTESTED THIS DAY OF , 2004. ATTEST: TOWN OF ORO VALLEY, a municipal corporation Town of Oro Valley Clerk Mayor ATTEST: PIMA COUNTY, a body politic Clerk, Board of Supervisors Chair, Board of Supervisors Date Date APPROVED AS TO FORM AND APPROVED AS TO FORM AND LEGAL AUTHORITY: LEGAL AUTHORITY: Town of Or• a e A ttorney Deputy ounty Attorney Legal authority: ARS § 11-201, ARS § 11-951 through 954, ARS § 11-251 Page 6 of 6 EXHIBIT A Calculation of Per Diem Rates There shall be two billing rates applicable to the prisoners incarcerated on behalf of the Town of Oro Valley. A separate rate shall apply to the first day of incarceration to recapture booking and intake costs. Another separate rate shall be applied to the second and all following days of incarceration. Annually, each per diem rate shall be mutually agreed upon before July 1. A. The per diem rate applicable to the first day shall recover the booking and intake costs associated with each prisoner, whether the prisoner is booked and released or incarcerated. The first day rate shall be calculated based on the budgeted expenditures of the Booking and Intake organizational unit and its associated indirect costs divided by the actual number of bookings of Town prisoners as shown in schedule 1. The first day rate shall be calculated separately and the costs will be excluded from the basis for the rate charged for the second day of incarceration and all days following the second day. The Sheriff's cost centers included in the base calculation for the first day rate are: • Food Service • Supply Unit • Corrections Property • Corrections Booking/Records • Janitorial/Facilities Management • Central Service Cost Allocation • Depreciation The indirect costs will be allocated according to the percentage relationship that the amount of Full Time Equivalent (FTE) staffing of Booking/Intake is to the amount of FTE staffing of Support Operations, Operations, Corrections and Booking/Intake combined. An example of the calculation follows: FTE's Support Operations 225 19.30% Operations 409 35.08% Corrections 483 41.42% Booking/Intake 49 4.20% Total 1,166 100.00% Page 1 of 3 In this case, the indirect cost allocation rate would be 4.20%, calculated by dividing the FTE staffing of the Booking/Intake unit by the combined FTE staffing: 49/1,166. B. The second and all following days of incarceration shall be billed at a rate to cover budgeted expenditures for Correction Bureau costs, Adjustments, Support Operations costs, Other Costs and Indirect costs. The organizational units to be included in the second and following days rate for Correction Bureau costs are: • Corrections Staff • Food Services Unit • Classification Unit • Supply Unit • Corrections Property • Janitorial/Facilities Maintenance • Medical Unit • Mental Health Unit • Work Furlough • Commissary • Main Jail Operations • Corrections Basic Training • Judicial Security After the Corrections Bureau budgeted expenditures have been calculated certain adjustments to total expenditures will be applied as offsets or reductions. The offsets will be made for the budgeted revenues and expenditures of the following organizational units: Judicial Security, Work Furlough Release Revenues and Commissary Revenues. The offsets of these units will be reductions to total Correction Bureau costs. Any other offsets will be mutually agreed upon when they become an element of the annual budget process. Support operations costs are an indirect element of the Sheriff's budgeted expenditures to be included in the per diem rate. The organizational units to be included in the Sheriff's internal indirect rate calculation are: • Department Staff • Administration Bureau Staff • Behavioral Science • Finance • Personnel • Training • Data Services • Communications Page 2 of 3 • a The Sheriff's internal indirect cost allocation rate shall be the percentage that the amount of FTE Corrections Bureau staffing is to the combined amount of FTE staffing of Support Operations, Operations, and Corrections. An Example of the calculation follows: Bureau FTE's Support Operations 225 19.30% Operations 409 35.08% Corrections 532 45.62% Total 1,166 100.00% The indirect cost allocation rate is 45.62%; it is the result of 532/1,166. Other costs to be included in the second day and following days rate will include the allocation of internal central service costs of Pima County as shown in the most current Central Services Cost Allocation Plan. If the plan is out of date by more than one fiscal year, the most current CPI index will be applied for each prior fiscal year to internal allocations of expenditures to reach an amount adjusted for inflation in the current fiscal year. These indirect costs will be allocated to the Corrections Bureau costs in the same percentage as shown under paragraph A, above. Other costs will also include one hundred percent of the annual Property, Plant and Equipment expense of$1,707,262. Page 3 of 3 Jan 16 04 01 : 37p PCSD Finance 520 741 4746 p. 2 URI& PimaCountyeri sDepartment Clarence W.Du nik Sheriff r ; 1750 E.Benson Highway • Tucson.A7 85714-1758 Phone 520-741-4600 • facsimile 520-741-4627 www.P irnasheriff.o Keeping the Peace and Seeing the Community Since 1865 � �s�.. �qpr, �_�,,r•'f}� T- .�yv"1= �,:ysv.'i/�."" �).w..w...�~..51 f��+ t.• ••... .! .. • .. .. .. ... ��i`i�!t�!�.^i��?:.:i '��.�.+7JCY��AT/��J'!�isf��.Lr�..+•:G�i:''J.iiX.��i.:.'.:ws-i..�". .. ..r.. v.•r. .. January 12, 2004 Mr. Paul Loomis Town of Oro Valley, Y Mayor C 11000 North La Canada Dr. Oro Valley, Arizona 85737 Dear Mr. Paul Loomis: This letter is to notify you that effective July 1, 2004, the Pima County Sheriff's Department will be changing its billing rates for inmate housing. The first day booking rate will increase from the current $68.22 to $86.43. The second day housing rate will decrease from the current $56.25 to $54.86. These rate adjustments can be attributed to several factors. As you may be aware, our Department will open a new 500-bed detention facility in March 2004. Phase one of this opening will focus on the new intake and booking areas. Pima County has authorized us to hire 34 new positions for this purpose. The cost associated with these positions has resulted in the higher booking rate. The housing rate stayed relatively consistent with prior years. However, we anticipate this rate t o rise in the future as the new facility _ becomes fully functional. Additional personnel will be hired from July 2004 through March 2005 to operate the new housing units and other expanded areas. The phase one opening will allow us to facilitate twice a day initial appearances for arrested individuals. This will reduce the time between arrest and appearance before a judge, thus eliminating second day housing costs for a significant number of inmates. Arrestees will be detained in a short-term, less costly holding area instead of being processed into the main jail. This will substantially reduce second day detention costs to participating agencies. You will be receiving your 2004/2005 intergovernmental agreement with the new rates. Your timely response in processing the agreement will be greatly appreciated. Please do not hesitate to contact me at 741-4619 or Bureau Chief Martha Cramer at 741-4866 if you have any questions. Sincerely, Ron K. Jee Financial Administrator Cc: Bureau Chief Martha Cramer . 1ETOWN OF ORO VALLEY STAFF REPORT TO THE TOWN COUNCIL MEETING DATE: March 3, 2004 TO: DEVELOPMENT REVIEW BOARD FROM: Robert Conant, Planner II SUBJECT: OV12-01-11, WLB GROUP, REPRESENTING VISTOSO PARTNERS LLC, REQUESTS APPROVAL OF THE FINAL PLAT FOR 32 SINGLE-FAMILY LOTS ON 9.10 ACRES, LOCATED ON THE NORTH SIDE OF VISTOSO HIGHLANDS DRIVE AND THE MULLIGAN DRIVE INTERSECTION — APPROXIMATELY ONE-HALF MILE WEST OF RANCHO VISTOSO BOULEVARD, RANCHO VISTOSO NEIGHBORHOOD 11 PARCEL AG, PARCEL 219-191-870 BACKGROUND: The Town Council approved the Preliminary Plat on February 20, 2002 and extended the Plat on August 7, 2003, February 19, 2003 and September 4, 2003. All of the conditions of the Preliminary Plat have been met. The Improvement Plans for this project were approved and signed by the Town Engineer on January 5, 2004. SUMMARY: The WLB Group, representing Vistoso Partners LLC, requests approval of the Final Plat for 32 single-family lots, Parcel AG Neighborhood 11 Rancho Vistoso, on 9.10 acres. Zoning Compliance: The Final Plat complies with the provisions of the OVZCR for single-family subdivision of land. Rancho Vistoso PAD Requirements: The proposed Final Plat is in conformance with the requirements of the Rancho Vistoso PAD. The proposed density is in conformance with the permitted density of Medium Density Residential within the PAD and all structures will be at or below the maximum 30-foot height requirements. General Plan Compliance: The Final Plat for Parcel AG (Stone Village) is in conformance with the Medium Density Residential land use designation of 2.1-5.0 dwelling units per gross acre. RECOMMENDATION: It is recommended that the Town Council approve OV 12-01-11, Parcel AG Final Plat. SUGGESTED MOTION: I move to approve OV 12-01-11, Parcel AG Final Plat. TONT OF ORO VALLEY DEVELOPMENT REVIEW BOARD STAFF REPORT Page 2 Attachments: Final Plat -. e . Plannin. ., d Z ing Administrator iff),4-- r fL, Co. mjunity Deve Qpment Director 0/i// , ,4 Town Manag-r Contact: Linda Thompson WLB Group Fax 881-5313 F:\OV\OV12\2001\0V12-01-11\TC.FP RPT.doc I N N N ::).„„3:,31r9.rq-°,14,:q1-73M! 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N.\18505046IO1i1APAR-AG\1'.,.VP-24xg J TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: March 3, 2004 TO: HONORABLE MAYOR & COUNCIL FROM: Alan Forrest, Water Utility Director SUBJECT: LaQuita Stec—Commission Member Appreciation Award SUMMARY: In March 2000, LaQuita Stec (Citizen at Large) was first appointed to the Water Utility Commission where she served 3'/2 years. During that time, Ms. Stec participated in the Conservation and Public Information Subcommittees. As a key member, she was instrumental in developing articles for the Oro Valley WaterWays newsletter and participated along with staff at the GOVAC Festival conservation booth. As the Oro Valley Water Utility Director, it has been a pleasure having Ms. Stec as a member of the Water Utility Commission. On behalf of the Town of Oro Valley, we would like to take this opportunity to thank her for her participation. 7e/ Water Utility Director e %1 Town Manager TOWN OF ORO VALLEY 3 COUNCIL COMMUNICATION MEETING DATE: March 3, 2004 4000 TO: HONORABLE MAYOR & TOWN COUNCIL FROM: Jim Hossley, Operations Division Manager SUBJ: Appointment to the Stormwater Utility Commission SUMMARY: One vacancy remains on the Stormwater Utility Commission (SWUC). The vacancy has a term ending October 3, 2005. Using established procedures as outlined in the Town Council Policies and Procedures, an Interview Panel was formed consisting of Vice Mayor Werner Wolff, SWUC Chair Leann O'Brian, and Public Works Operations Division Manager Jim Hossley in order to fill the immediate vacancies. The Interview Panel conducted interviews of five (5) individuals who expressed interest in serving on the SWUC. At the February 18, 2004 Council Meeting, Mayor and Council appointed Mr. Peter Salonga to fill the remainder of Mr. Bokaie's term ending October 3, 2004. In order to fill the remaining vacancy, Ms. Harriet Hough is recommended for consideration for appointment to the SWUC. Ms. Hough would fill the remainder of Mr. Waddell's term ending October 3, 2005. ATTACHMENTS: Volunteer Appointment Applications SUGGESTED MOTION: I move to appoint Ms. Harriet Hough to fill Mr. Waddell's term which expires October 3, 2005. Jim Hossley, Ope ns ivisi n Manager f 4 Chuck Sweet, Town Manager • nr,T roppt, 1:,r, Trivivl : Agir ' -: b, 4 0 ORO VALLEY VOLUNTEER APPOINTMENT APPLICATION Dear Oro Valley Citizen: We appreciate your interest in the Town of Oro Valley. This informational form,when completed,will allow us to quickly process your application. A list describing the Town's Boards and Commissions is attached for your reference.Also attached is Resolution No.(R)02-107,reflecting the procedures surrounding the appointment process to Boards Your application will remain on file for two years from date of receipt. Your supplying this data will greatly assist us in understanding how we can best use your talents and experience. We thank you kindly for volunteering to serve the Town. Please note: No volunteer shall serve on more than one standing Board at any time and must have resided in the Town for 1 year. Please return to the Town Clerk's Office,11,000 North La Canada Drive,Oro Valley,Arizona 85737. Name '1KU_____NAL7_,__ r ` 'Op. Last 02� l 2 _ Home Phone Business Phone — — Email — —yNumber of Years in Oro Valley 3z (Must be a resident of the Town for 1 year). Signature ....QDate _i_49 V 5 Please indicate the board or commission you ish to join:_____5/1g0 hla--11: Ai 6 ke viiIIM,10% Please list your volunteer services in Oro Valley and with other organizations including any boards or commissions on which you have served: (board/commission,civic,educational,cultural,social,etc.) —C. A7D4-- M t'LLS ecr -7 & �/ —._ — CRC i/ct llt(l________L(1•_6___ QI f h Put'A r X:12.t PY1..e.Rit'0(A— How does your previous volunteer service prepare you for the board or commission appointment for which you have applied? Please describe an issue considered at a meeting of the Board or Commission for which you are applying. Have you attended the Citizens Plamiing Institute?—_ A/0 Are you willing to attend? -- — �// . 06e.040P educational/vocational back round. ri .t� Briefly describeyourg c H,oi_i_si-- A-DOTE:Ay_u a 'c 'ite i 1/-___4.D____ lite,0 lik ct �t re n�u! C�� rn_ a fri y IF DESIRED,ADDITIONAL INFORMATION MAY BE ATTACHED r7e77 ke b , www.townoforovalley.com 01/03 re)ite-K a at Qjl l Ato a / WE),L �a ' a 2. osvuiLGJui 2oo4 , • yp "< ry :WI ". 77, ORO VALLEY VOLUNTEER APPOINTMENT APPLICATION Dear Oro Valley Citizen: We appreciate your interest in the Town of Oro Valley. This informational form,when completed,will allow us to quickly process your application. A list describing the Town's Boards and Commissions is attached for your reference.Also attached is Resolution No.(R)02-107,reflecting the procedures surrounding the appointment process to Boards Your application will remain on file for two years from date of receipt. Your supplying this data will greatly assist us in understanding how we can best use your talents and experience. We thank you kindly for volunteering to serve the Town. Please note: No volunteer shall serve on more than one standing Board at any time and must have resided in the Town for 1 year. Please return to the Town Clerk's Office, 11,000 North La Canada Drive,Oro Valley,Arizona 85737. sALO/'1I'Name Last Home Phone Business Phone - // Email? Number of Years in Oro Valley6 (Must be a resident of the Town for 1 year). Y ) Signature/Q. �'� Date SP/0 Please indicate the board or commission you wish to join: ' 7&1 ' Wry 'J'4 Please list your volunteer services in Oro Valley and with other organizations including any boards or commissions on which you have served:(board/commission,civic,educational,cultural,social,etc.) F/1-- /P/A40- AirEP/CAA) OC/ET)/ Cf5cO7 ) How does your previous volunteer service prepare you for the board or commission appointment for which you have applied? Please describe an issue considered at a meeting of the Board or Commission for which you are applying. 43,111 CtoP To w x� 7 A,�4 A P b s foX 7 14 To a pi vt/4 t a t 776A/75 Haveyou attended theCitizensPlanningInstitute? d Areyou willingto attend? Y � C P' /Ai Briefly describe your educational/vocational background. £t/,Q SN / 6TOA) UZE aA1` ,i,z f NAM ps1-1 R/2dx IF DESIRED,ADDITIONAL INFORMATION MAY BE ATTACHED www.townoforovalley.com 01/03 c. 4 f 7 l y `1 r 6ir„ r: w<r ' . ORO VALLEY VOLUNTEER APPOINTMENT APPLICATION Dear Oro Valley Citizen: We appreciate your interest in the Town of Oro Valley. This informational form,when completed,will allow us to quickly process your application. A list describing the Town's Boards and Commissions is attached for your reference.Also attached is Resolution No.(R)02-107,reflecting the procedures surrounding the appointment process to Boards Your application will remain on file for two years from date of receipt. Your supplying this data will greatly assist us in understanding how we can best use your talents and experience. We thank you kindly for volunteering to serve the Town. Please note: No volunteer shall serve on more than one standing Board at any time and must have resided in the Town for 1 year. Please return to the Town Clerk's Office, 11,000 North La Canada Drive,Oro Valley,Arizona 85737. Name DALY MICHAEL E Last First Middle Home Address Oro Valley, 85737 Home Phone Business Phone Email Number of Years in Oro Valley 2 (Must be a resident of the Town for 1 year). Signaturet.k..)k.stf-Das Date 10/10/03 Please indicate the board or commission you wish 0 join: Stormwater Utility Commission Please list your volunteer services in Oro Valley and with other organizations including any boards or commissions on which you have served:(board/commission,civic,educational,cultural,social,etc.) Casas Adobes School Volunteer How does your previous volunteer service prepare you for the board or commission appointment for which you have applied? Please describe an issue considered at a meeting of the Board or Commission for which you are applying. From both volunteer and professional experience I understand the need to analyze situations and openly discuss alternatives prior to taking action. Have you attended the Citizens Planning Institute? NO Are you willing to attend? YES Briefly describe your educational/vocational background. Professional Civil Engineer, 11 years of experience in stormwater design, hydrology and hydraulics. IF DESIRED,ADDITIONAL INFORMATION MAY BE ATTACHED www.townoforovalley.com 01/03 A t z,,,______:- -.... rP VIc?2, 4 1 t f I' 11I)V "' ye '�4'�f` I;,�I Pti- ''. '42;,%';'.;:.; r a ,;,,-._.:��►' ORO VALLEY VOLUNTEER APPOINTMENT APPLICATIO i Dear Oro Valley Citizen: tnt►,.. cu We appreciate your interest in the Town of Oro Valley. This informational form,when completed,will allow us 4 quickly process your application. A list describing the Town's Boards and Commissions is attached for your reference.Also attached is Resolution No.(R)02-107,reflecting the procedures surrounding the appointment process to Boards Your application will remain on file for two years from date of receipt. Your supplying this data will greatly assist us in understanding how we can best use your talents and experience. We thank you kindly for volunteering to serve the Town. Please note: No volunteer shall serve on more than one standing Board at any time and must have resided in the Town for 1 year. Please return to the Town Clerk's Office, 11,000 North La Canada Drive,Oro Valley,Arizona 85737. r 1./. 4(9 �JL Name (� QA /10_. Last Home Phone Email Number of Years in •ro Valley 1 D (Must be . esident of the Town for 1 year). _ i lb Sig • ure .. ozw41. ,Air e / Date,„Ti , „:4_,c,5 , (—., Please indicate the board or commission you wish to join: te, r yi-) alo'i r IN (1-7 er)iivv7/`,...c,s," , Please list your volunteer services in Oro Valley and with other organizations including any boards or commissions on which you have se ed:(board/commission,civic,educational,cultural,social,etc.) Fl-,c(i a (QC — PAP(' SE fç 0/rt How does your previous volunteer service prepare you for the board or commission appointment for which you have ap I lied? Please describe an issue considered at a meetin of the Board or Commission for whi h you are applying. l /' ' .'- _ - _� / A,._ ..../ �.�� A �J -as / * _,,, / ' f Have you attended the Citizens Planning Institute?—efj . Are you willing to attend? Briefly describe your educational/vocational background _ _e .e. ____ .r -:. --___.6...".....-4(..... .6..64.i_ / A., . _ _ ,.... Az_...4 _ _ - ___, ..,die ,-,__ e-7,, c-T6 -ele, / IF DESIRED,ADDITIONAL INFORMATION MAY BE ATTACHED www.townoforovalley.com 01/03 401. • OCT 9'63PN 2:52 TOV SJYS_Ar 4 • ra` ORO VALLEY VOLUNTEER APPOINTMENT APPLICATION Dear Oro Valley Citizen: We appreciate your interest in the Town of Oro Valley. This informational form,when completed,will allow us to quickly process your application. A list describing the Town's Boards and Commissions is attached for your reference.Also attached is Resolution No.(R)02-107,reflecting the procedures surrounding the appointment process to Boards Your application will remain on file for two years from date of receipt. Your supplying this data will greatly assist us in understanding how we can best use your talents and experience. We thank you kindly for volunteering to serve the Town. Please note: No volunteer shall serve on more than one standing Board at any time and must have resided in the Town for 1 year. V Please return to the Town Clerk's Office, 11,000 North La Canada Drive,Oro Valley,Arizona 85737. Name �1 Kg ki --1-6 iv , Last — Home Phone Business Phone N Email ,. �•_ Number of Years in Oro Valley C) (Must be a resident of the Town for 1 year). SignatureDate l t 9)?et)3 Please indic the board or commission you wish to join: iZ1/ ) .4-m T I L1 ry CO Aim a 5-5"Li Please list your volunteer services in Oro Valley and with other organizations including any boards or commissions on which you have served:(board/commission,civic,educational,cultural,social,etc.) `I r.A. L S L 0 _i , How does your previous volunteer service prepare you for the board or commission appointment for which you have applied? Please describe an issue considered at a meeting of the Board or Commission for which you are applying. FIP-u e A &/zts,-4-r t t'A; -S r %i<,j4� -- . -r?A t ,r -r/W/1) Ole 5 Pae rc Z/, rotor off-/N . 1 t,?P F l X flM vU N go, , 9 Ce r'')ii 0046 153 tw co a,AL s., B0 ,, g huLbe.0 Have you attended the Citizens Planning Institute? MO Are you willing to attend? Y'I Briefly describe your educational/vocational background. 5 67RAID LotA- - # 'T' ► 1 k+ .rr A- I `T-/L 1 Caa657) Li i ' F4 - it-Al i ' Ch IF DESIRED,ADDITIONAL INFORMATION MAY BE ATTACHED 01/03 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: March 3, 2004 TO: HONORABLE MAYOR & COUNCIL FROM: David Ruiz, Engineering Division Administrator SUBJECT: RECLAIMED WATER SYSTEM, PHASE 1, Resolution No. (R) 04-13 , a resolution of the Town of Oro Valley, Pima County, Arizona, Authorizing and Approving a construction contract with Mercury Constructors, Inc, for constructing the Reclaimed Water Distribution System Pipeline shown on Plan No. OV24-03-01. SUMMARY: This project will install approximately 5.5 miles of new 24" transmission pipe and approximately 5.5 miles of new 16", 12" and 8" distribution pipe. The installation of subject pipe represents the first of two parts of Phase 1 of the Reclaimed Water System. Phase 1 of the Reclaimed Water System is designed to serve all of the golf courses and school grounds north of Tangerine Road. The second part of Phase 1, the reservoir and booster station, will be bid the latter part of March, 2004, and will complete Phase 1 of the Reclaimed Water System. Bids received for the above referenced project are as follows: 1. Mercury Constructors, Inc. $4,391,050.50 2. Meridian Engineering Co. $4,688,837.00 3. Engineer's Estimate $5,198,425.00 4. KE & G Development $5,282,478.00 5. Hunter Contracting Co. $5,495,853.00 6. Borderland Construction Co. $5,548,496.40 7. The Ashton Co. $5,598,134.00 8. Gamey Co. No Bid FISCAL IMPACT: Funds are identified in the 2003-2004 fiscal year budget. The low bid of $4,391,050.50 was submitted by Mercury Constructors, Inc. and was $800,000.00 below the Engineer's estimate. ATTACHMENTS: 1. Resolution No. (R) 04-13 2. Sketch RECOMMENDATIONS: Staff recommends approval of Resolution No. (R) 04-13 SUGGESTED MOTION: The Town Council may wish to consider one of the following motions: I move to approve Resolution (R) 04-13 , a resolution of the Town of Oro Valley, Pima County, Arizona, Authorizing and Approving a construction contract with Mercury Constructors, Inc. for constructing the Reclaimed Water Distribution System Pipeline. or I move to &7/ Engineering Division Ad nistrator Water Utility Director Z-t-A , fei Town anager PLLE.Y'�1S'/ O �0 y '4:, '.'''''''': _., i ::-.7:)17:"At:f...;?'.---:: .y1e,1 �'N I,i',�yy1� ` -;tom`" �.J . , uNDED'' ATTACHMENT Resolution RESOLUTION NO. (R) 04-13 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA AUTHORIZING AND APPROVING A CONSTRUCTION CONTRACT WITH MERCURY CONSTRUCTORS, INC. TO CONSTRUCT THE RECLAIMED WATER DISTRIBUTION SYSTEM PIPELINE. WHEREAS, the TOWN OF ORO VALLEY is a political subdivision of the State of Arizona vested with all associated rights, privileges and benefits and is entitled to the immunities and exemptions granted municipalities and political subdivisions under the Constitution and laws of the State of Arizona and the United States; and WHEREAS, the Town submitted Request for Proposals to construct the Reclaimed Water Distribution System Pipeline; and WHEREAS, the lowest responsible bidder responding to the Town's Request for Proposals to construct the Reclaimed Water Distribution System Pipeline is Mercury Constructors Inc.; and WHEREAS, it is in the best interest of the Town to enter into the agreement, attached hereto as Exhibit No.1 and incorporated herein by this reference (the "Contract") with Mercury Constructors, Inc. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona, that the Contract between the Town of Oro Valley, Arizona, and Mercury Constructors, Inc., is hereby approved. BE IT FURTHER RESOLVED that the Mayor and any other administrative officials of the Town of Oro Valley are hereby authorized to take such steps as are necessary to execute and implement the terms of the Contract. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 3rd Day of March , 2004. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn Cuvelier, Town Clerk Mark Langlitz, Town Attorney p`LLEYAf/ O cO OQ- 'L Y'3 ,fi mss a .Jxf� 3 �d �..5�`l''4'`X7 .-:. ;»;_. ,,... UND ED 1 EXHIBIT O. I Contract CONTRACT AGREEMENT PROJECT NO : OV-24-03-01 THIS AGREEMENT, made and entered into by and between the Town of Oro Valley, a municipal corporation (the "Town") and Mercury Constructors, Inc., (the "Contractor"). The Town and the Contractor for the consideration named agree as follows: SECTION 1. The complete Contract includes all of the Contract Documents as if set forth in full herein. The Contract Agreement and all Contract Change Orders issued after the execution of the Contract Agreement, Addendum No(s). 1 & 2 issued prior to the opening of the bids, the Special Provisions, the Project Plans (Exhibit[s] OV24-03-01), the Standard Plans, the Standard Specifications, the Waterworks Standards, Reference Specifications, the Bidder's Proposal, the Notice Inviting Bids, the Non-Collusion Affidavit, the Performance Bond, the Payment Bond, the Bidders Bond, and the Surety Bond for the one- year guarantee period, all of which are essential parts of this Contract as defined in Exhibit A. In the event of any conflict in these provisions, the terms of the Contract Documents shall control, each over the other, in the order provided. SECTION 2. The Contractor shall furnish all materials, except as otherwise provided in the Plans or Specifications, and will perform all the work for the PROJECT NO. OV-240301 PROJECT NAME: RECLAIMED WATER DISTRIBUTION SYSTEM PIPELINE necessary to complete in a good, workmanlike and substantial manner the work in accordance with the Contract Documents for this Project. The Contract documents are specifically referred to and made a part hereof this Agreement. SECTION 3. The Town will pay the Contractor the amount of Four Million, Three Hundred Ninety One Thousand, Fifty Dollars and Fifty Cents ($ 4,391,050.50) for a base contract, subject to change of materials and work orders. The Contractor agrees to receive and accept the prices set forth in the Bid Schedule as full compensation for the work required under the bid items awarded by the Town subject to additions and/or reductions of the quantities of the various bid items at the unit prices bid for furnishing all labor and materials and for doing all the work contemplated and embraced under this Agreement; for all loss or damages arising out of the nature of the work or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work, until the work is accepted by the Town; for all expenses incurred by or in consequences of the suspension or discontinuance of work; and for well and faithfully completing the work in the manner and in accordance with the Contract Documents and the requirements of the Engineer under them. SECTION 4. TIME IS OF THE ESSENCE for this Contract. The Contractor agrees to commence work pursuant to this Contract within 10 calendar days after the date of authorization specified in the Notice to Proceed and to diligently prosecute the same, day to day, to completion within the number of calendar days specified in Table 1 after the date provided except as adjusted by subsequent Contract Change Order(s): CONTRACT AGREEMENT 1 Table 1 WORK ITEM COMPLETION TIME SCHEDULE A: All Work 308 Calendar Days SCHEDULE B All Work 308 Calendar Days All additional work, when authorized by executed Change Order(s) shall be compensated for by a fee as mutually agreed upon by the Town and Contractor. The aggregate total of any Change Order(s) shall not exceed 20% of the original Agreement unless specifically authorized by the Town Council in writing. When a contractor submits a request for a date extension for which work must be completed in a contract, a Contract Change Order should be initiated outlining the reason for applying for the extension and the drop dead date the work will be completed. The language "TIME IS OF THE ESSENCE" must be written into the Change Order. If the Change Work Order is agreed to and signed by the Town and the Contractor, it binds the contractor to complete the work by the extended date designated in the Contract Change Order. The Town can then file suit against the contractor if the work is not completed by the agreed upon date. If there is more than one extension is agreed to, each extension should follow the same procedure. SECTION 5. If the work to be performed by Contactor for this Agreement is not timely completed, the Contractor shall pay to the Town $1,420 as liquidated damages for each calendar day the work remains incomplete after the scheduled completion date. The scheduled completion date for determining liability for liquidated damages for the work shall be 308 consecutive days from the effective date of Town's Notice to Proceed for the work to the Contractor. For the purpose of determining applicability of liquidated damages, completion time shall be extended only if delay in completion of the work by the Contractor results from an unforeseeable cause beyond the control and without the fault or negligence of the Contractor. SECTION 6. The Contractor agrees to indemnify, defend, and save harmless the Town, its Mayor and Council, the Town Engineer, appointed boards and commissions, officials, officers, employees and the Town's insurance carriers, individually and collectively from all losses, claims, suits, demands, expenses, subrogations, attorney's fees, or actions of any kind and nature resulting in the Contractor or any subcontractor employed by the Contractor (including bodily injury and death) or damages to any property or any other losses, claims, suits, demands, and/or expenses, arising or alleged to have arisen out of the work to be performed, except any injury or damages arising out of the sole negligence of the Town, its officers, agents or employees. The amount and type of insurance coverage requirements set forth below will in no way be construed as limiting the scope of indemnity in this paragraph. SECTION 7. The Contractor agrees to obtain Insurance Coverage of the types and amounts as required in the Pima County/City of Tucson Standard Specifications for Public Improvements (Standard Specifications) and keep the Insurance Coverage in force throughout the life of this Contract. The Contractor shall furnish the Town with a Certificate evidencing liability insurance policy or policies with the minimum insurance limits as indicated. All policies will contain an endorsement providing that written notice be given to the Town at least thirty (30) calendar days prior to termination, cancellation, or reduction in coverage in any policy. CONTRACT AGREEMENT 2 SECTION 8. The Contractor agrees that any inspection by the Town Representative or by other agents or employees of the Town of the work performed are for the purpose of ensuring the technical competence of the work and adherence to other contractual provisions. Inspections are not for the purpose of safeguarding workers on the job, which is the sole responsibility of the Contractor. The Contractor warrants that he/she is fully familiar with all the safety requirements of the Occupational Safety and Health Act as promulgated by the Federal Government and as implemented by the State of Arizona, and that he/she will be solely responsible for implementing and enforcing the same at all times. SECTION 9. The Contractor agrees to accomplish the work with a minimum of traffic interruption. If it becomes necessary to close any traffic lanes on any street within the Town, permission must first be obtained from the Town Engineer's office. Permission shall be requested at least 48 hours in advance for residential streets and 72 hours in advance for arterial streets. The Contractor shall furnish and place all detour signs and any other warning signs in accordance with the SPECIAL PROVISIONS. SECTION 10. Should the Town bring any legal or equitable action for the purpose of protecting or enforcing its rights under this Agreement, the Town shall recover, in addition to all other relief, its reasonable attorney's fees and court costs to be fixed by the court. SECTION 11. It is agreed that the Town Engineer is authorized to execute Contract Change Order(s) necessary to the prosecution of the work, all in accordance with the Standard Specifications. SECTION 12. The Contractor agrees that he/she will not proceed with any extra work unless he/she has been authorized in writing to do so by the Town Engineer prior to the commencement of any extra work. SECTION 13. The parties do for themselves, their heirs, executors, administrators, successors and assigns agree to the full performance of all the provisions herein contained. Contractor may not, either voluntarily or by action of law, assign any obligation assumed by the Contractor without prior written consent of the Town. SECTION 14. The Contractor shall cause the Performance Bond to remain in full force and effect through the warranty and guarantee period. By my signature hereunder, as Contractor, I agree to keep the Performance Bond or cashier's check in equivalent of the full performance bond in full force and effect through said period. The cashier's check shall serve the same purposes and fully cover the requirements of a Performance Bond and a Payment Bond. SECTION 15. By my signature hereunder, as Contractor, I certify that I will comply with all provisions of the Town of Oro Valley Project No. OV-240301. SECTION 16. By my signature hereunder, as Contractor, I agree that even if only one (1) Progress Payment is prosecuted by the Town of Oro Valley for this Project, the Town will retain ten percent (10%) of the Progress Payment amount. The ten percent (10%) retention will be discharged in accordance with the Standard Specifications. SECTION 17. By my signature hereunder, as Contractor, I agree that I am not an employee of the Town, and that I am performing the duties as an Independent Contractor, supplying my own employees, and CONTRACT AGREEMENT 3 maintaining my own insurance and handling all of my own internal accounting. The Town in no way controls, directs or has any direct responsibility for the actions of the Contractor. By my signature hereunder, as Contractor, I agree that I shall be responsible for the compliance with the United States Immigration Reform and Control Act of 1986, and shall indemnify and hold harmless the Town for any liability arising from failure of the Contractor to comply with this act. This indemnification includes the costs of suit. By my signature hereunder, as Contractor, I agree that I shall be responsible for compliance with the Americans With Disabilities Act of 1990 and shall indemnify and hold harmless the Town for any liability arising from failure of the Contractor to comply with this act. This indemnification includes the costs of suit. SECTION 18. By their signatures hereunder, as Contractor and Town, the parties agree to be bound by all applicable Federal and State regulations governing Equal Opportunity and Non-Discrimination. SECTION 19. Pursuant to the requirements of Arizona Revised Statutes, Title 34, the Town will require both of the following documents to be completed and submitted before the final payment is made and retainage is released. 1. A certification from the Prime Contractor that all bona fide project claims and bills from his/her subcontractors and suppliers have been paid, and that all his/her project claims against the Town have been resolved (CONTRACTOR'S AFFIDAVIT REGARDING SETTLEMENT OF CLAIMS). 2. The consent of surety affidavit signed by an authorized representative of the surety (CONSENT OF SURETY TO FINAL PAYMENT AND FULL RELEASE OF CONTRACT RETAINAGE). The Town of Oro Valley reserves the right to obtain from the Contractor "satisfactory receipts for all labor and material billed and waivers of liens from any and all persons holding claims against the work". SECTION 20. This is the entire Contract Agreement between the parties. If any portion(s) of this contract Agreement is (are) later found to be invalid or unenforceable, such portion(s) shall be null and void and without any effect on the rest of the Contract Agreement which shall continue in full force and effect. SECTION 21. This Agreement is subject to the provisions of A.R.S. § 38-511 which provides in pertinent part that the state, its political subdivisions or any department of either may, within three years after its execution, cancel any contract, without penalty or further obligation, made by the state, its political subdivisions, or any of the departments or agencies of either if any person significantly involved in initiating, negotiating, securing, drafting or creating the Agreement on behalf of the state, its political subdivisions or any of the departments or agencies of either is, at any time, while the Agreement or any extension of the Agreement is in effect, an employee or agent of any other party to the Agreement in any capacity or a Contractor to any other party to the Agreement with respect to the subject matter of the Agreement. SECTION 22. THIS CONTRACT AGREEMENT SHALL BE VALID UPON EXECUTION. CONTRACT AGREEMENT TOWN OF ORO VALLEY, a Municipal Corporation BY: BY: Mayor Town Engineer DATE: DATE: REVIEW AS TO FORM: BY: BY: Name of Contractor Town Attorney BY: DATE: BY: ATTEST: DATE: Town Clerk Town of Oro Valley Oro Valley, Arizona 85737 SIGNING INSTRUCTION TO THE CONTRACTOR: All signatures must be notarized. In the event that the contracting firm is a corporation, the president and the secretary or the vice-president and the secretary of the corporation must sign and the corporate seal must affixed thereto. STATE OF ARIZONA ) ss. County of Pima SUBSCRIBED AND SWORN that the foregoing instrument was acknowledged before me this day of , 20 by (Name) as (Title) and by , (Name) as (Title) of (Name of Company). Notary My Commission Expires: CONTRACT AGREEMENT 5 PERFORMANCE BOND (100% of Total Contract Amount) KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the Town of Oro Valley, State of Arizona, has awarded to as principal, designated as the "Contractor", a "Contract"for the work generally described as follows: PROJECT NO. Off`-240301 PROJECT NAME: RECLAIMED WATER DISTRIBUTION SYSTEM PIPELINE WHEREAS, said Contractor is required to furnish a bond in connection with Contract guaranteeing performance and this bond shall remain in full force and effect through the warranty and guarantee period of the Contract. NOW THEREFORE, we the undersigned Contractor and Surety, are held and firmly bound unto the Town of Oro Valley in the sum of (Dollars) ($ ), to be paid to the Town or its attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, The above Contractor, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to, abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract and any alteration made as provided, on his/her or their part to be kept and performed at the time and in the manner specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Town of Oro Valley, its officers, employees and agents, as therein stipulated. It shall be and remain in full force and virtue until such time the project is completed then this obligation shall become null and void. In the event suit is brought upon this bond by the Town and judgment is recovered, the Surety shall pay all costs incurred by the Town in the suit, including reasonable attorneys' fees to be fixed by the court. IN WITNESS WHEREOF, we have hereunto set our hands, and seals on this day of ,20 . CONTRACTOR: SURETY: Name: Name: Address: Address: Tel. No.: Tel. No.: CONTRACT AGREEMENT 6 By: By: Attorney-in-Fact NOTE: This bond must be executed by both parties, and in the case of a corporation, with corporate seal affixed. All signatures must be acknowledged. (Attach acknowledgments.) The attorney-in-fact for the bonding company must be registered in at least one county in the State of Arizona. CORPORATE ACKNOWLEDGEMENT(S) STATE OF ARIZONA ) ) ss: COUNTY OF PIMA ) On this day of , 20 before me personally appeared to me known, who, being by me duly sworn, did depose and say that he/she reside(s) in Pima County, Arizona and that he/she is the _ of the , the corporation which executed the Contract; that he/she knows the seal of the corporation; that the seal affixed to the instrument is the corporate seal; that is/was so affixed by order of the Board of Directors of the corporation, and that he/she signed his/her name to the instrument by like order. NOTARY PUBLIC My Commission Expires: STATE OF ARIZONA ) ) ss: COUNTY OF PIMA ) On this day of , 20 before me personally appeared known to me to be the person whose name is subscribed to this instrument as the Attorney-in-Fact of of a n d acknowledged to me that he/she subscribed the name of as Surety, and his/her own name as Attorney-in-Fact. NOTARY PUBLIC My Commission Expires: CONTRACT AGREEMENT 7 PAYMENT BOND (100% of Total Contract Amount) KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the Town of Oro Valley, State of Arizona, has awarded to as principal, hereinafter designated as the "Contractor", a "Contract"for the work generally described as follows: PROJECT NO: OV-240301 PROJECT NAME: RECLAIMED WATER DISTRIBUTION SYSTEM PIPELINE WHEREAS, Contractor is required to furnish a bond in connection with the Contract, to secure the payment of claims of laborers, mechanics, material men and other persons as provided by law. NOW THEREFORE, we the undersigned Contractor and Surety are held and firmly bound unto the Town of Oro Valley in the sum of Dollars, (S_ )for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, If Contractor, his/her or its heirs, executors, administrators, successors or assigns, or subcontractors, shall fail to pay any of the persons named in, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any claimant, or any amounts required to be deducted, withheld, and paid over to the Tax Board from the wages of employees of the Contractor and his/her subcontractors, pursuant to the Revenue and Taxation Code, with respect to work and labor, that the Surety or Sureties will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In the event suit is brought upon this bond by the Town and judgment is recovered, the Surety shall pay all costs incurred by the Town in the suit, including reasonable attorneys'fees to be fixed by the court. This bond shall inure to the benefit of any of the persons named as to give a right of action to such persons or their assigns in any suit brought upon this bond. IN WITNESS WHEREOF, we have hereunto set our hands and seals on this day of 20 CONTRACTOR: SURETY: Name: Name: Address: Address: Tel. No.: Tel. No.: By: By: Attorney-in-Fact NOTE: This bond must be executed by both parties, and in the case of a corporation, with corporate seal affixed. All signatures must be acknowledged. (Attach acknowledgments.) The Attorney-in-fact for the bonding company must be registered in at least one county in the State of Arizona. CONTRACT AGREEMENT 8 CORPORATE ACKNOWLEDGEMENT(S) STATE OF ARIZONA ) ) ss: COUNTY OF PIMA ) On this day of , 20 before me personally appeared to me known, who, being by me duly sworn, did depose and say that he/she reside(s) in Pima County, Arizona and that he/she is the of the , the corporation which executed the Contract, that he/she knows the seal of the corporation; that the seal affixed to the instrument is the corporate seal; that is/was so affixed by order of the Board of Directors of the corporation, and that he/she signed his/her name to the instrument by like order. NOTARY PUBLIC My Commission Expires: STATE OF ARIZONA ) ) ss: COUNTY OF PIMA ) On this day of , 20 before me personally appeared known to me to be the person whose name is subscribed to this instrument as the Attorney-in-Fact of of and acknowledged to me that he/she subscribed the name of as Surety, and his/her own name as Attorney-in-Fact. NOTARY PUBLIC My Commission Expires: CONTRACT AGREEMENT 9 CONSENT OF SURETY TO FINAL PAYMENT AND FULL RELEASE OF CONTRACT RETAINAGE OR SUBSTITUTE SECURITIES The undersigned Surety (the "Surety"), having provided the Town of Oro Valley (the "Town") with a payment bond for the payment of labor and material provided to the Contractor (the "Contractor") in connection with Project No. OV-240301 (the "Project") consents to final payment and full release of all retainage to Contractor held by Town in connection with the Project. Surety further releases Town from all claims, past, present, future, known or unknown which it may assert or could have asserted against Town as a result of Town's final payment and release of the retainage held in connection with the Project. This release is only intended to relieve Town of any liability or responsibility in connection with final payment and full release of retainage to the Contractor in connection with the Project and shall in no way be construed to relieve Surety of any obligation under the payment bond issued for the Project. IN WITNESS WHEREOF, the Surety has executed this instrument this day of , 20 . SURETY Authorized Representative Title: STATE OF ARIZONA ) ) ss. COUNTY OF PIMA ) The foregoing instrument was acknowledged before me this day of , 20 by , on behalf of My Commission Expires: Notary Public CONTRACT AGREEMENT 10 CONTRACTOR'S AFFIDAVIT REGARDING SETTLEMENT OF CLAIMS Project No.: OV-240301 Project Name: RECLAIMED WATER DISTRIBUTION SYSTEM PIPELINE To the Town of Oro Valley, Arizona: This is to certify that all lawful claims for materials, rental of equipment and labor used in connection with the construction of the above contract project, whether by subcontractor or claimant in person, have been duly discharged. The undersigned, for the consideration of $ , as set out in the final pay estimate, as full and complete payment under the terms of the contract, waives and relinquishes any and all further claims or right of lien under, in connection with, or as a result of the above described contract. The undersigned further agrees to indemnify, defend and save harmless the Town of Oro Valley against any and all liens, claims of liens, suits, actions, damages and expenses whatsoever, which the Town may suffer arising out of the failure of the undersigned to pay for all labor performance and materials furnished for the performance of installation. Contractor By: STATE OF ARIZONA ) )ss. COUNTY OF PIMA ) The foregoing instrument was acknowledged before me this day of , 20 by , on behalf of My Commission Expires: Notary Public CONTRACT AGREEMENT 11 EXHIBIT A DEFINITION OF TERMS Contract Agreement The written agreement between the Agency and the contractor setting forth the obligations of the parties thereunder including, but not limited to, the performance of the work, the furnishing of labor and materials and the basis of payment. Addendum Written or graphic instrument(s) issued in writing, after advertisement, but prior to the opening of the Bids, which alter, change, clarify, correct, modify, or revise the Contract Documents. Special Provisions Additions and revisions to the Standard Specifications covering conditions and requirements peculiar to an individual project. Project Plans Specific details and dimensions peculiar to the work which are supplemented by the standard details insofar as they may apply. Standard Plans The latest edition of the CITY OF TUCSON/PIMA COUNTY STANDARD DETAILS FOR PUBLIC IMPROVEMENTS, including all SUPPLEMENTAL AMENDMENTS, as prepared by a joint effort of the Departments of Transportation of the City of Tucson and Pima County as approved for repetitive use, showing details to be utilized where appropriate. Standard Specifications The latest edition of the CITY OF TUCSON / PIMA COUNTY STANDARD SPECIFICATIONS FOR PUBLIC IMPROVEMENTS, including all SUPPLEMENTAL AMENDMENTS, as prepared by a joint effort of the departments of Transportation of the City of Tucson and Pima County as approved for general application and repetitive use (1994 Edition) Waterworks Standards The latest edition of the CITY OF TUCSON WATERWORKS STANDARD SPECIFICATIONS AND DETAILS, unless modified within the Plans and/or the Standard Notes and Detail Plan Sheet for the Town of Oro Valley Water Utility. Reference Specifications Any specifications referred to in the Contract Documents other than Standard Specifications, including, but not limited to: bulletins, standards, rules, methods of analysis or tests, codes, other agency specifications, engineering societies, or industrial associations referred to in the Contract Documents. These refer to the latest edition, including amendments in effect and published at the time of advertising the Project or issuing the permit, unless otherwise specifically referred to by edition, volume or date. The Bidder's Proposal: The offer of a bidder, on the prescribed form, to perform the work and to furnish the labor and materials at the prices quoted. Notice Inviting Bids The public announcement, as required by law, inviting Bids for work to be CONTRACT AGREEMENT 12 performed and/or materials to be furnished and/or labor to be furnished and/or equipment to be furnished. Non-Collusion Affidavit Certification on behalf of the person, firm, association or corporation submitting the bid, that such person, firm, association or corporation has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action, in restraint of free competitive bidding in connection with the submitted bid. Performance Bond The security provided by the contractor solely for the protection of the contracting agency and conditioned upon the faithful performance of the contract in accordance with the plans, specifications and conditions thereof. Payment Bond The security provided by the contractor solely for the protection of claimants supplying labor and materials to the contractor or to subcontractors of the contractor. Bidders Bond The security furnished with a bid to guarantee that the bidder shall enter into the contract if the bid is accepted. Surety Bond Bond in the amount of one hundred percent (100%) of the amount of the contract. Binds the contractor for the full and complete performance of the contract and for payment of all debts pertaining to the work. Bid The offer of the bidder, submitted on the prescribed form(s) to perform the Work and/or furnish material(s) and/or furnish labor and/or furnish equipment at the price(s) quoted. Change Order A written order, issued and signed by the Engineer to the Contractor, directing addition(s), deletion(s) or revision(s) in the Work, adjustment in Contract Price(s) or Contract Time, said Change Order(s) is/are issued after the execution of the Contract, all as incidental to the prosecution of the Work as advertised. CONTRACT AGREEMENT 13 uate: -2/18/U4 1/1:04 FM Sender's Fax ID: Page 2 of 3 ... . . ......... .. . .._.. .. ACORD. CERTIFICATE OF LIABILITY INSURANCE OPIO HC DATE(NiNtDD'YYYY, ME_ 1.___k_-1 __U/1/____..8 0 ____NCU 4 PRODUCER THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION Brown & Brown Insurance of A2 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 4041 N. Central Ave., #1500 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR P.O. Box 33619 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Phoenix AZ 85067 Phone: 602-277-6672 INSURERS AFFORDING COVERAGE NAIC# --- WWII'S) K.SLIRER.A Westfield insurance 0584 Mercury Constructors, Inc. LNS-URER E' Nine CToss Ranch I-Ram Excavating Inc. INSURER C- PO Box 1038 Willcox AZ 85644 !- WaSOREP E , COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REOUIREMENT,TERM OR CONENTION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL TEE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLANS. WISR ?IDOL i . i POLICY EFFECTIVE POLICY EXPIRATION LTR INSITC,1 TYPE Or INSURANCE POLICY NUEWIER DATE fERA-DOTS) DATE INIM,00,Y) LIMITS, GENERAL LIABILITY EACH 00.C...RpEN cE 5 1000000 ,---., L.A.M1,...:=11, A X I X C3t-44/EiR:A. GE-gf:RAL.Dief-511( CWP3997237 01/27/04 01/27/05pckEvs-,--;..s(E- ocr.,,,Le) s 150000 Ct_AVS mAZE 1 I 1 cr-,_ajc EEC DIP(Arty air p.r5on) 5 10000 ' 1 PEPSONAL it N.J.,IWOURY 5 1000000 ,----, Li GENERAL AGGREGATE s 2000000 IG .,1,_AG-GGATE LW APPLES.PEE L PROCII_'.T5-(..: 50,f&,AGG S 2000000 1 iC-1"' n PO'LrY 1 i JECT i_ : 1 ,AUTOMOBILE LIABILITY C011..481dEDSINGLE LIMIT 1000000 F----1 A g ANY miT 0 CWP3997237 01/27/04 01/27/05 ALL 004-1-M AUTOS ,- I .SC.,:AEDULH,AO I KOLY INJURY (Pe pers.ort) 5 HIRED AUTOS HOOEY it.11,1FTY 5 NOT,OWNED X./OS (PET...-ciriert;, I PROPERTY DAMAGE 5 (Pe,nalfrit) , 1 GARAGE LIABILITY ALTO ON.IY-EA Ar.."-DOENT S i NI'AUTO , EA ACC S OTHER Ti- N 1 s AUTO ONLY. 1 1 AGG 5 E X CESSAINVEVRELLA LIABILITY EACH OCCURRENCE S 2000000 ! , r-----t A C114,r,WOE CwF3997237 01/27/04 01/27/05 AGGREGATE s2000000 U . . . , --I * ,,,,E-T.ENT LON 10 1 ' 1,V",-..S. WORKERS C OMP ENsATION AND i -TORY,1 A,,,L0T ,, I ER K I EMPLOYERSLIABILITY , I EL.EACH ACCIDENT 5 NO P9a,R,E3OR.,PAP.1WRIE ,2-...UTNE t-- OFFCEP../W,M5ER.EXCAZIX-34ED7' Et.DiSEASE-EA EMPLOYEE S 1Ty,,er,...scrr,urtne., i SPECIAL P,;-.),,,SIDAVS ty,to. El.aSEASE-POLICY LIMO 5 ,---4 i OTHER DESCRIPTION OF OPERATIONS I LOCATIONS:VEHICLES:EXCLUSIONS ADDED BY ENDORSEMENT,SPECIAL PROVISIONS *Except for ten (10) days notice for non-payment of premium. Project: Reclaimed Water Distribution Systems Pipeline Project No: OV24-03-01. Town of Oro Valley is named as additional insured as respects to the General Liability. CERTIFICATE HOLDER CANCELLATION TOWNOR1 SNOLF-D ANY OP THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFO—R—E—E—ETP--TN !RATION DATE THEREOF.THE ISSUING INSURER WILL ENDEAVOR TO MAR. 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.MIT FAILURE TO DO SO 51-tALL Town of Oro Valley IMPOS1 HO OBLIGATION OR LIABILITY OF Atil RIND UPON THE INSURER as AGENTS OR Water Utility David Ruiz REPRESENTATIVES. 11000 N La Canada Drive A - ••.......„.. Oro Valley AZ 85737 I ACORD 25(2001/08) ©ACORD CORPORATION 1988 uate: 1/18/04 LII:U4 PM Sender's Fax 1D: Page 3 of 3 IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s),authorized representative or producer,and the certificate holder, nor does It affirmatively or negatively amend,extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2001/08) N\N\LEY'4R/ OQ- • 2� Lir ! J • UNDER ATTACHMENT Sketch r„ i — a J , r� •,j� 1 4 i 3 c i" \,� > + T''1. 3 r i k it,V .r,, ,ra rvi .. Or 1Y V.«ra P '► }../,),..ti..". • y,rr .p F tip�N.:., '+......1, It , X794 ,,,:. 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''$ • t ",40,,,,, _ Wilit' � , a"d,4,' N 1 y�y` {,IOW 252 ft r .: 36.hole �� F. * , ii,,, A y,,,,�y « F' P K V /' '� t • rr�M yr�y� ';!Mgt! .yam, ii.,,.. it, .M F��'R i *� -MI SIIII Tref � �,Y N,.a Al ,..$V a '� ,v , .,%l �1 +%� :. M A'. t'R 'i �,t 4` -., 4iiiitita., .... d. ' ..„ . op : liatlasillerk.. ..,, e r 0. -ti ) , 1, . A y.-rt ill ..: an 1111 FF� ,�iF ♦ I ; ,. s Pim a; '' .,..w+.w.ay^n + F x i y ri `a F 4L1F "+ p . 4Lambert ,ane ',4, 0. l wit 5 " "�" a iNa r �" �w ".' MI6 r"``� a li. . , t.a , a h. «r+P r+ai Fa r; TOWN OF ORO VALLEY -:OUNCIL COMMUNICATION DATE: March 3, 2004 TO: Honorable Mayor and Council FROM: David L. Andrews, Finance Director SUBJECT: Consideration and Possible Approval of a Cost of Living Adjustment for Town Employees in FY 2003/04. SUMMARY: On February 9, 2004 the Mayor and Council held a study session to review and discuss the mid-year financial status of the Town. At that meeting, staff was directed to calculate the cost impact of a 2% cost of living adjustment (COLA) for Town employees, to be possibly implemented in Fiscal Year 2003/04. Attached to this communication please find a memorandum which outlines the cost impacts to the Town under various options. The cost estimates include wages and salaries, retirement and social security expenses. FISCAL IMPACT: COLA FY 2003/2004 Annual Cost Effective Date SalaryBase Cost Impact Impact July 1, 2003 July 1, 2003 $259,048 $259,048 January 1, 2004 July 1, 2003 $129,524 $259,048 January 1, 2004 January 1, 2004 $127,342 $254,683 TOWN MANAGER'S RECOMENDATION: The Town Manager recommends a cost of living adjustment with an effective date of January 1, 2004 based on salaries as of July 1 , 2003 for all Town employees employed by the Town as of July 1, 2003. ATTACHMENTS: Cost Calculations memorandum SUGGESTED MOTION: - I move to approve a 2% of cost of living adjustment with an effective date of January 1, 2004, based on salaries as of July 1, 2003 for all Town employees employed by the Town as of July 1, 2003. (i:(.`OLN(..IL`:.CC-COI.._A ,Ad;tminent.do( TOWN OF ORO VALLEY ,OUNCIL COMMUNICATION DATE: March 3, 2004 or I move to . . . ni _,„/,,,,f)A7c. 60)----x-d- David L. Andrews Finance Director / i / ' ' 4 Chuck Sweet Town Manager i:;:.('Qt NCS I1..;.(.,(..`-COI...:A Adju tnicnL.dcc MEMORANDUM DATE: February 13, 2004 TO: David Andrews, Finance Director FROM: Mary Rallis, Accounting Supervisor it SUBJ: COLA Calculations Attached are the spreadsheets prepared by Toni Robinson on the COLA calculations you requested. The following tables are a summary of the results: Effective July 1, 2003: Fund Annual Cost General Fund $202,488 Highway Fund 21,974 Public Transportation Fund 3,818 Townwide Dev. Impact Fees Fund 3,379 Water Utility Fund 27,389 Total All Funds $259,048 , Effective January 1, 2004 Fund 1/1/04-6/30/04 Annual Cost General Fund $99,192 $198,384 Highway Fund 10,408 20,816 Public Transportation Fund 2,188 , 4,376 Townwide Dev. Impact Fees Fund 1,690 3,379 Water Utility Fund 13,864 27,728 Total All Funds $127,342 $254,683 Please let me know if you have any questions. r---- 6 TOWN OF ORO VALLEY i OUNCIL COMMUNICATION DATE: March 3, 2004 TO: Honorable Mayor and Council FROM: David L. Andrews, Finance Director William A. Jansen, P.E., Town Engineer SUBJECT: Consideration pp i ration and Possible Approval of Resolution No. (R) 04- 14 authorizing and approving the distribution of the two (2%) percent increase in the local tax on pp g construction contracting activities. SUMMARY: At the Town on Council MeetingFebruary4, 2004 the Town Council approved Ordinance No. (0) 04- 06 which increased the local tax rate on construction contracting activities from a rate of 2% to a rate ° Subsequently, on 18th, 2004 the Council approved Ordinance No. (0) 04-08. This of 4 /°. February ordinance changed the effective date of the original ordinance from April 15, 2004 to May 1, 2004. It construction contracts entered into prior to May 1 , 2004 from the increased tax rate. also exempted At the Februarymeeting, ebrua 18th the Town Council also directed staff to return on March 3rd with a Resolution that would designate how the funds from the 2% rate increase would be used. ANALYSIS: Staff estimates that the annual amount of local construction contracting taxes that will be generated pp from the 2% rate increase is approximately $2.1M. The Town's Budget and Bond Committee recommended to the Council that 75% $1.6M) of that amount be earmarked for streets and roads maintenance. The remainingbalance of approximately $500,000 would be used for general municipal purposes. two other local jurisdictions, Town of Marana and the Town of Sahuarita have local Currently, J construction contractingactivities tax rates of 4% and 3%, respectively. The Town of Marana dedicates 75% of its total construction sales tax collections to transportation (capacity related improvements). The Town of Sahuarita dedicates 100% of its collections to fund general capital improvement projects. you have beforeyou this evening, consistent with the Budget and Bond Committee's The Resolution recommendation, would dedicate 75% of the 2% increase to streets and roads maintenance and 25% to general municipal purposes. TOWN ENGINEER'S DISCUSSION: additional fundingfrom the construction sales tax will allow the Public Works Department to The address the unfunded infrastructure maintenance needs of the Town. It is anticipated that the u additional funds will be used for subdivision street maintenance and preservation. The additional funds will be used for both capital improvement and maintenance projects. G:.COl N(1 L..(.`C Construction Contractin`?.Joc TOWN OF ORO VALLEY OUNCIL COMMUNICATION DATE: February 4, 2004 The Town'sp roposed 2004/05 Capital Improvement Fund Program has $7.7 million in capital improvements needed for the period FY04/05 through FY 08/09. This request included $1.35 million in PAG funding and $6.35 million in Town highway funds. For the last two budget cycles, only $682,000 has been available from the existing available funds. At this funding availability for this five Year program, only $3.4 million of Town funds would be available to meet a $6.35 million need. g In addition to the capital needs, funding for street maintenance cannot keep up with the existing needs for street maintenance. Presently, we can only sweep subdivision streets twice a year instead of the desired four times a year. To increase sweeping frequency requires another street sweeper and operator. Street striping is done by contract once a year; it should be done twice a year. Our total p annual budget for street maintenance materials and contracts is approximately $ 225,000. A one time striping contract is $40,000. The Town has presently numerous streets in excess of 20 years old that have had little to no pavementpreservation reservation due to a lack of funding. It is recommended that a street needs to be slurry sealed every 5 years to preserve the pavement condition. Inability to perform pavement preservation means that the Town will have to overlay or reconstruct. The cost to slurry seal is approximately $16,000p er lane mile, while the cost to overlay is $45,000 per lane mile and $102,000 per lane mile to reconstruct. Presently the Town maintains over 300 lane miles of streets. As an example, Sun City has 51 lane miles of public streets and they will shortly need a pavement overlay. The cost to do this overlay is estimated at $2.3 million. This project would not qualify for regional funding and has to be paid for from Town funds. In the event the Sun City streets had to be reconstructed due to the inability to overlay in a timely manner, the cost would be $5.2 million. The Town's ongoing road improvement program is adding 3 new bridges, miles of shared use paths and landscaped medians and new traffic signals. Additional funds will be needed to maintain these improvements. The allocation of the additional construction sales tax revenues for street and road maintenance will allow Public Works to address the many unfunded infrastructure maintenance needs of the Town. ATTACHMENTS: Resolution No. (R) 04- 14 authorizing and approving the distribution of the two (2%) percent increase in the local tax on construction contracting activities. SUGGESTED MOTION: I move to approve Resolution No. (R) 04- 14 authorizing and approving the distribution of the two (2%) percent increase in the local tax on construction contracting activities. or I move to deny Resolution No. (R) 04- 14 authorizing and approving the distribution of the two (2%) percent increase in the local tax on construction contracting activities. {.i:'.C(. I. \(I I...(,`( ConstC'ontracting.doc TOWN OF ORO VALLEY 'OUNCIL COMMUNICATION DATE: February 4, 2004 or I move to... ;it/ William A. Janse - Town Engineer David L. Andrews Finance Director 400 huck Sweet Town Manager (3:`.COLN I L-`:CC:.:-Construction Contractino.doc RESOLUTION NO. (R) 04- 14 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA AUTHORIZING AND APPROVING THE DISTRIBUTION OF THE TWO (2%) PERCENT INCREASE IN THE LOCAL TAX ON CONSTRUCTION CONTRACTING ACTIVITIES WHEREAS, the Town of Oro Valley is a political subdivision of the State of Arizona, and pursuant to Article 13, Section 7 of the Arizona Constitution, is vested with all rights, privileges, benefits and is entitled to the immunities and exemptions granted municipalities and political subdivisions under the Constitution and laws of the State of Arizona and the United States; and WHEREAS, on February 4, 2004, the Town Council approved Ordinance No. (0) 04-06 (amended on February 18, 2004 by Ordinance No. (0) 04-08) increasing the local tax rate on construction contracting activities from two (2%) percent to four (4%) percent; and WHEREAS, the Town's Budget and Bond Committee has recommended that the Town dedicate seventy-five percent (75%) of the two percent (2%) increase in the local tax rate on construction contracting activities for streets and road maintenance; and WHEREAS, the Town's Budget and Bond Committee has recommended that the Town dedicate the remaining twenty-five percent (25%) of the two percent (2%) increase in the local tax rate on construction contracting activities for general municipal purposes. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona, that the two (2%) percent increase in the local tax rate on construction contracting activities to be used as follows: a) 75% of the 2% increase for local streets and roads maintenance; and b) the remaining 25% of the 2% increase for general municipal purposes, is hereby approved. BE IT FURTHER RESOLVED that the Mayor and any other administrative officials of the Town of Oro Valley are hereby authorized to take such steps as are necessary to execute and implement the distribution of the 2% increase in local tax on construction contracting activities set forth herein. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, • Arizona this 3 day of March z 2004. TOWN OF ORO VALLEY Paul H. Loomis, Mayor F:\ResolutionsConstruction tax increase.doc Town Attorney's Office//ca/022404 ATTEST: Kathryn Cuvel i er, Town Clerk APPROVED AS TO FORM: Mark J. Langlitz, Town Attorney FAesolutions\Construction tax increase.doc Town Attorneys Office!/ca/022404 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: March 3, 2004 TO: HONORABLE MAYOR & TOWN COUNCIL FROM: Chuck Sweet, Town Manager SUBJ: RESOLUTION NO. (R) 04 - _015 TO ENCOURAGE SUPPORT OF DEVELOPERS AND HOME BUILDERS IN ORO VALLEY TO WORK WITH THE AMPHITHEATER SCHOOL DISTRICT REGARDING VOLUNTEER DONATIONS FOR THE CONSTRUCTION OF SCHOOLS SUMMARY: This agenda item is being brought forward at the request of Council Member Dick Johnson. Mayor & Council conducted a joint meeting with the Amphitheater Governing Board approximately three years ago regarding Senate Bill 1161 of the 45th Legislature. The proposed Senate Bill was written to allow towns and cities to assess impact fees for schools. The Arizona Court of Appeals had previously held that towns and cities lacked authority to assess impact fees on development for the benefit of school districts. The Senate Bill was never passed by the Legislature. The attachments include the agenda and minutes of the joint meeting along with the Town's and Amphitheater Governing Board's unanimous support of Senate Bill 1161. Also attached is the Town's current resolution supporting developers and home builders in Oro Valley to work with the Amphitheater School District regarding volunteer donations for the construction of schools. RECOMMENDATION: I recommend approval of Resolution No. (R),04 -.Sf5 encouraging developers and home builders in Oro Valley to work with the Amphitheater School District regarding volunteer donations for the construction of schools. SUGGESTED MOTION: I move to approve Resolution No. (R) 04 - ,,V5 encouraging developers and home builders in Oro Valley to work with the Amphitheater School District regarding volunteer donations for the construction of schools. ATTACHMENTS: 1. Proposed Resolution No. (R) 04 - . 15 supporting developers and home builders in Oro Valley to work with the Amphitheater School District regarding 14400volunteer donations for the construction of schools. 2. February 5, 2001 Agenda of the Joint Study Session between Town of Oro Valley Council and Amphitheater School District Board of Directors 3. February 5, 2001 Minutes (as prepared by Town of Oro Valley Clerks) of the Joint Study Session between Town of Oro Valley Council and Amphitheater School District Board of Directors 4. February 5, 2001 Minutes (as prepared by Amphitheater School District) of amsd the Joint StudySession between Town of Oro Valley Council and Amphitheater School District Board of Directors 5. March 7, 2001 Agenda of the Town of Oro Valley Council Regular Session 6. March 7, 2001 Minutes of the Town of Oro Valley Council Regular Session 7. Resolution No. (R) 01-15 setting forth the Town's support of Senate Bill 1161 of the 45th Legislature 8. Senate Bill 1161; school development fees; municipalities 9. February 15, 2001 letter from Amphitheater Governing Board President regarding Amphitheater resolution unanimously passed by Amphitheater Governing Board 10. March 9, 2001 letters from Mayor Loomis regarding Mayor & Council's unanimous support of Senate Bill 1161 j / L. -__61''44 Chuck Sweet', Town Manager 1 RESOLUTION NO. (R) 04- �5 A RESOLUTION OF THE TOWN OF ORO VALLEY ENCOURAGING SUPPORT OF DEVELOPERS AND HOME BUILDERS TO MEET WITH AMPHITHEATER SCHOOL DISTRICT REGARDING VOLUNTARY DONATIONS FOR THE CONSTRUCTION OF SCHOOLS. WHEREAS, it is the intent of the Council to provide the best education opportunity possible for area students; and WHEREAS,the future of Arizona is dependent upon the quality of educational opportunity available for its young people; and WHEREAS, high quality educational facilities enrich the general community by enhancing the educational, recreational, and esthetic qualities of the Town while making the residential areas within school districts more valuable and desirable to home buyers; and WHEREAS, increased residential development creates a need for increased school construction; and WHEREAS, the Arizona Court of Appeals held that municipalities lack authority to assess impact fees on development for the benefit of school districts; and p p WHEREAS,the Council encourages developers and home builders to meet with Amphitheater School District regarding voluntary donations for the construction of schools. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona encourages developers and home builders to meet with Amphitheater School District regarding voluntary donations for the construction of schools. PASSED AND ADOPTED by Mayor or and Town Council this 3rd day of March, 2004. TOWN OF ORO VALLEY ATTEST: Paul H. Loomis, Mayor Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Mark Langlitz, Town Attorney AGENDA ORO VALLEY TOWN COUNCIL AND AMPHITHEATER SCHOOL DISTRICT BOARD OF DIRECTORS JOINT STUDY SESSION FEBRUARY 5TH, 2001 ORO VALLEY TOWN COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE STUDY SESSION - AT OR AFTER 7:00 P.M. CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE INTRODUCTIONS MAYOR LOOMIS & BOARD PRESIDENT SMITH CALL TO AUDIENCE 1. GROWTH ISSUES a. Current PlanningCoordination (District/Town) b. Future Rezoning/PAD Amendments 2. Educational Donations from the community 3. New Schools: a. Ironwood Ridge High School (Traffic Issues/School Resource Officers/Joint Use of Facilities) b. Painted Sky Elementary School (DARE Officer/After School Programs) 4. Schedulingof Future Joint Meeting Dates ADJOURNMENT The Town of Oro Valley complies with the Americans with Disabilities Act (ADA). please anytype of accommodation, notify If anyperson with a disability needs yp Kathryn Cuvelier, Town Clerk, at 229-4700. Y POSTED: 2/1/01 12:00 noon Ih 4110MINUTES OF THE ORO VALLEY TOWN COUNCIL AND AMPHITHEATER SCHOOL DISTRICT GOVERNING BOARD JOINT STUDY SESSION FEBRUARY 5, 2001 ORO VALLEY TOWN COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE CALL TO ORDER: 7:00 p.m. ROLL CALL: Town Council: Paul Loomis, Mayor Fran LaSala, Vice Mayor Dick Johnson, Council Member Bart Rochman, Council Member Werner Wolff, Council Member Staff Present: Chuck Sweet, Town Manager Dan Dudley, Town Attorney Bill Jansen, Town Engineer Danny Sharp, Chief of Police Brent Sinclair, Community Development Director Bryant Nodine, Planning & Zoning Administrator Amphi School Board: Dr. Kenneth Smith, President Dr. Kent Barrabee, Member Mike Prout, Member Mary Schuh, Member Excused: Nancy Young Wright, Member Staff Present: Dr. Vicki Balentine, Superintendent Dr. Katie Frey, Associate Superintendent Todd Jaeger, Associate to the Superintendent Dr. Richard Hooley, Associate Superintendent Mayor Loomis turned the meeting over to Dr. Smith for the following items: CALL TO AUDIENCE Dr. Smithrecognized nized the followingcitizens during the Amphitheater Public School District's Call to Audience: Sue Hays Kathy Cross Bob Oro 02/05/01 Minutes, Joint Study Session Oro Valley Town Council & 2 Amphitheater School District Governing Board 1. GROWTH ISSUES a. Current Planning Coordination between the District and Town Planning & ZoningAdministrator Bryant Nodine explained how the Town is currently Pl g coordinating with the school district to address the growth in Oro Valley. Mr.Nodine showed a map of the Town boundaries, subdivisions approved for development and areas of development that will include children. Mr. Nodine explained that they are trying to do a better job in projecting the future population for Oro Valley and will be pinning down the population area by area. He stated that the population growth at build-out is projected to be 60,000 in the year 2020. Mr. Nodine stated that the biggest issues facing both the Town and Amphi School District are infrastructure and pygmy owls. Discussion followed regarding the importance of having cooperative planning between the Town and the District and the possibility of avoiding community resistance to where future school sites are located. Dr. Smith pointed out that the policy of the State School Facilities Board appears to be that they operate in a "crisis" mode rather than a planning mode in securing lands for future schools. It was discussed that during the Town's General Plan Update, future school sites in Oro Valley should be identified and that the District will work more closely with Oro Valley on this issue. In answer to a question by Vice Mayor LaSala, Todd Jaeger and Dan Dudley agreed that an agreement could be prepared rather than just a policy, between the two entities, however, the g agreement cannot bind future Council members or Governing Board members. Dr. Barrabeep ointed out that his commitment is to the entire district, not just Oro Valley. Associate Superintendent Dr. Katie Frey showed what schools serve Oro Valley and their current capacities. She then explained the process school districts must follow to acquire funding for new land from the State School Facilities Board. Dr. Frey reviewed a Cost Comparison between the District and the School Facilities Board for new school construction. She pointed out that the School Facilities Board standards for new school construction is lower than Amphi's standards for a high quality school facility. Dr. Balentine stated that they will be meeting with the School Facilities Board in April and will take them on a tour of some of their schools. Associate to the Superintendent Todd Jaeger reviewed the Apache Junction litigation regarding school districts and impact fees and presented the proposed SB 1161 that would provide authorization to incorporated cities/towns to assess impact fees for school districts. He pointed out that if this Senate Bill passes, it will remedy the situation in Apache Junction. Mr. Jaeger 02/05/01 Minutes, Joint Study Session Oro Valley Town Council& 3 Amphitheater School District Governing Board than reviewed the Gilbert Unified School District position paper and the Vail School District 11110 Resolution regarding donations from developers and builders. Dr. SmithMayor suggested and Loomis su ested that each jurisdiction prepare a resolution supporting Senate Bill 1161. Dr. Smith turned the meeting back over to Mayor Loomis. Mayor Loomis called a recess at 8:45 p.m. Meeting called back to order at 9:00 p.m. New Schools a. Ironwood Ridge High School - Traffic Issues Town Engineer Bill Jansen expressed concerns with the inability to make any road improvements to accommodate the increased traffic anticipated at the new high school, due to the school's location in the disputed Tortolita area. He stressed the importance of working with the school district to see what the traffic issues are and how the improvements would be paid for. Dr. Frey stated she will provide the Town with the traffic study. She mentioned that there is no Intergovernmental Agreement with Pima County. Discussion followed regarding the dangers at the Tangerine/La Cholla intersection and the importance of working together to get the kids to school safely. It was discussed that Oro p Valley's ability to make the necessary road improvements stems on the result of the annexation 110 dispute currently in the Courts. Mr. Jansen stated that if the Court rules in favor of Oro Valley, and it becomes a part of Oro Valley, then there is funding in the 5 year TIP Program that can be used for improvements on La Cholla. Mayor Loomis suggested that once the needed road improvements are identified, the Town should get together with Pima County and Amphi School Board to come up with a solution to address those needs. School Resource Officers: Chief of Police Danny Sharp stated that OVPD has always had a great relationship with Amphi Schools in providing School Resource Officers and he would like to continue this at the new high school. He pointed out that OVPD is prepared to move quickly to get 1 Officer at the new High School. Mr. Sharp explained that his goal is to have 2 SRO Officers, as is the model they have at Canyon Del Oro High School. Mayor Loomis stated that the Town would like to have an Intergovernmental Agreement with Amphi at the new high school like the one the Town currently has with Wilson School. Minutes, Joint Study Session Oro Valley Town Council& 4 02/05/01 Amphitheater School District Governing Board Joint Use of Facilities • Community Development ment Director Brent Sinclair stated that Parks & Recreation are working on somejoint uses at Painted Sky Elementary for ball fields and providing recreational programs at Copper Creek Elementary. Council Member Johnson stressed the importance of providing for joint use of facilities to maximize taxpayer dollars. Dr. Frey stated that the coordination for allowing for joint use of facilities may be very difficult for the District to accommodate because the District overlaps into 3 jurisdicitons. However, they work with the town and provide a listing of ballfields to Oro Valley Parks & Recreation. will She stressed that sharing information will be the first step. g Mr. Jaeger stated that school districts are very limited and can only improve property that is already owned. He pointed out that school districts cannot improve property that is owned by a municipality, however, he said that it is possible for the Town to build a facility and if the school wants to use it, the school district can be charged a fee. Mr. Jaeger clarified that a school district can improve leased property. Mr. Sharp stated Painted thatcurrently, SkyElementary School is sharing the DARE Officer currentlyassignedCopper to Co er Creek Elementary. He recommended that an additional DARE • Officer be assigned to Painted Sky. He pointed out that he will explore the possibly of the availability of grant funds for this use. Scheduling of Future Joint Meeting Dates Discussion followed regardingthe possibility ardin of the Town and the Board meeting twice a year, and holding the next meeting possibly in September. Mayor Loomis asked that the Town & District staff look at: • Review and coordinate the future growth for northwest area between the Town and the District to meet the needs of the community. • Identify District needs for the next 5 —25 years. • Town should share the 2000 Census data with Amphi School District to help them with their future forecasting. Amphi School District Call to Audience Dr. Smith took public comment from Barry Simone. ADJOURNMENT A MOTION was made by Vice Mayor LaSala to adjourn the study session at 9:45 p.m. MOTION SECONDED by Council Member Johnson. MOTION carried 5 — 0. Pi I • 02/05/01 Minutes,Joint Study Session Oro Valley Town Council & 5 Amphitheater School District Governing Board 110 Respectfully submitted, Cac...St/A; Kathryn E. Cuvelier, CMC Town Clerk MA,R,:,28-2001 14 50 AMPHI GOVERNING BOARD P.02 .• AMPHITHEATER PUBLIC SCHOOLS Tucson,Arizona MINUTES OF JOINT PUBLIC MEETING OF THE AMPHITHEATER GOVERNING BOARD AND THE ORO VALLEY TOWN COUNCIL Place, Date and Time of Meeting Oro Valley 5,2001, 7:05 p.m. Town Council Chambers, 11000 North La Canada Drive, February Amphitheater Governing Board Members Present Dr. Kenneth Smith, President Dr. Kent Barrabee, Member Mike Prout, Member Mary Schuh, Member Member Excused Nancy Young Wright,Vice President/Clerk Central Administrators Present Dr.Vicki M. Balentine, Superintendent Dr. Katie M. Frey,Associate Superintendent Dr. Richard Hooley,Associate Superintendent Todd A.Jaeger,J.D., Associate to Superintendent and General Counsel Oro Valley Town Council Members Present Paul Loomis, Mayor Fran LaSala,Vice Mayor Dick Johnson, Council Member Bart Rochman, • Council Member DISTRIBUTED Werner WolffCouncil Member MAYOR ,i� IOWN MI\NPGER Staff Present 0 FILE 15LCOUNCIL Chuck Sweet,Town Manager -�-ttorneDiDEm ,� HEADS Dan Dudley, Town Attorney HER Bill Jansen,Town Engineer Danny Sharp, Chief of Police Brent Sinclair, Community Development Director Bryant Nadine, Planning & Zoning Administrator OPENING OF MEETING Call to Order and Signing of Visitors Register Mayor Loomis called the meeting to order. There was roll call of the Oro Valley Town Council. President Smith called the meeting to order. Roll call was taken of the Amphitheater Governing Board. Pledge of Allegiance The Pledge of Allegiance was given. PUBLIC COMMENT Theo g persons llowin addressed the Governing Board: Sue Hayes, in appreciation of the joint meeting beingheld; CathyCross, speaking of the committees working for the new high school, and of the fund- raising und- r ' in campaign for new books; Bob Oro, advocating gym availability for use by students and parents. ais g Q 01 1 50 AMPH I GOVERNING BOARD P.03 MA��.f28-20 4 • Amphitheater Governing Board Special MeetingFebruary- 5, 2001 2 p STUDY SESSION 11110 1. Growth Issues pistrictlTown� A. Current Planning and Zoning Coordination B. Future Rezoning/PAD Amendments and Educational Impacts C. Development of a Policy to Involve the Amphitheater District in Oro Valley Planning and Zoning Coordination and ZoningAdministrator for the Town of Oro Valley, spoke of ongoing Bryant Nodine, Planning coordination dination with Amphitheater School District,the sharing of information in the areas of growth and r zonin s and the tracking of development. Mr. Nodine gave a Geographic population projections, e 9 � . presentation, projecting growth areas in Oro Valley, and speaking of two major issues Information System press � P � , projections,the r and the pygmy owl. Discussion included long-range enrollmentp , -infrastructure importance of cooperative planningbetween Amphitheater District and Oro Valley, and timely school-site selection and the support of the community. In discussion of funding from the State School Facilities Board (SSFB), Councilman Johnson encouraged collaboration,with supporting Oro Valley the District's efforts. Dr. Smith concurred that the more ed the better it is for the state, and the more likely it is to listen to the District. cooperation is evidenc , Vice Mayor LaSala asked if a binding memorandum of understanding might be produced to address certain issues. Todd Jaeger and Dan Dudley were in agreement that there are ways to fashion an agreement that would more permanently ermanentl bind; however, by law one cannot bind future bodies in the exercise of their legislativeauthority;; a schematic by which the entities agree to work in the future may be tY s d but would be less than binding. Dr. Smith spoke of building community spirit. Dr. Barrabee provide , noted the District's strong commitment to all jurisdictions,to good schools everywhere within the District. g and Support of Development Donations/Impact Fees to Support School Construction 2, Sol�cltatlon PP the schools' Dr.Katie Frey reviewed the schools that currently serve Oro Valley(and other jurisdictions as well), enrollment capacities and current enrollment status. She noted that after Ironwood Ridge High School is open with the current Canyon del Oro High School North Campus,would no longer exist She stated that all four grade levels, one of the ways the State School Facilities Board agreed to fund some additional land for the District was that the North Campus will be excluded from future consideration for square-footage;it will need a use other than for a high school. Dr.Frey reviewed the construction and staffing costs of over$40 million for the new high school,which has a capacity of 2,000 students. She described the formula/process for State School Facilities Board land and new- construction funding.. There was discussion of the importance of future planning for school sites that will be needed. p Dr. Balentine stated that the September SSFB meeting will be held in Amphitheater School District,and suggested that a tour be given at that time to the leadership of that group. Dr.Frey reported that as required by law,land is funded by the SSFB at a price that is less than or equal to fair market value. However,the SSFB strongly encourages donations of school sites/land by developers,and has a very strong belief that developers ers should be required to donate land. She stated that an Amphitheater schoolis P not comparable to a SSFB school, being far better than a SSFB school. Mr. Jaeger reviewed the Cityof Apache Junction/Apache Unified School District litigation,which led to currently pending SB 1161;the bill would provide authority to school districts to assess impact fees for the benefit of schools and school districts. He noted that the pending bill indicates"can accept donations of p land in lieu of these impact fee assessments." Mr. Jaeger provided examples of school districts that have attempted to address the fact that the SSFB formulas do not adequately address the need to build schools on a level that communities may expect. These efforts involved solicitation of donations of land/cash equivalentsby school districts themselves. Mr. Jaeger clarified that the enabling legislation for the SSFB indicates tes that what theyare to fund is the threshold-a level the state has determined is an appropriate level for school districts across the state, designed to provide equality. However, it does allow for 1111 communities on a local basis to go beyond that minimum state standard, to augment what the SSFB provides.. Dr. Balentine confirmed that it is still permissible for the school district, in additionto receiving SSFB 9, fundin to issue bonds as allowed by law for new school development, There was discussion of MAT-728-2001 14:50 AMPHI GOVERNING BOARD P.04 4 Amphitheater Governing Special Board S ecial Meeting-February 5, 2001 3 the distribution of impact fees and of the implementation of impact fees causing the price of houses to , rise. Dr.Smith asked that the Town Council consider a joint resolution with the District, or a separate 1161. Mayor Loomis stated that logistically a joint resolution might be difficult resolution, in support of SB y - • itsupport, that it might be a better District in trying to coordinate it with other communities needs to pp , g for the ry itthat the impact would be better. Dr. Smith stated that this would be fine, noting idea to do separately, P that part of the District is in the City of Tucson. Dr. Smith asked that the Town Council consider voluntary fees,to help in providing good schools, and get back with the District on this matter. Dr.Smith turned themeeting over to Mayor Loomis,who declared a recess at 8:45 p.m. The meeting reconvened at 9:00 p.m. 3. New Schools A. Ironwood Ridge High School Traffic Issues/School Resource Officer/Joint Use of Facilities) B. Painted Sky Elementary School DARE Officer/After-School Programs) Mayor Loomis introduced Town staff members. Bill Jansen,Town Engineer, spoke of the new high school's expected impact on Oro Valley. He noted that the new high school is in a disputed area and therefore the Town is not able to deal with improvements needed to accommodate the traffic resulting from the school. In the event the court rules in the Town's favor, then it would become the Town's issue relative to the traffic. He spoke of trafflc/s ignalization/bus issues that need to be addressed, and the need to work with the District. Dr. Frey stated that a traffic study has been done;the Town will be provided this information. There was discussionregarding re ardin the dangers of the Tangerine/La Cholla intersection; it was noted that Oro Valley's abilityto make the necessary road improvements depends on the result of the annexation dispute currently in the courts. Mr. Jansen commented that if the court rules this is a part of Oro Valley,then there is funding in the five-year TIP Program that can be used for necessary improvements. e Mayor Loomis recommended, once the Town receives the traffic study and needs are identified, that if necessary, the District and Town Council could go jointly to Pima County to seek solutions to traffic/road issues. Oro ValleyChief of Police Danny Sharp spoke of the excellent relationship that exists between the District and the Oro ValleyPolice Department. He referred to the title of Resource Officers, stating that the officers are there not to be campus cops, but to be resources to the faculty, staff and students. He proposed that one officer be assigned to the school when it opens with freshmen and sophomores. His goal is to have two SRO officers, continuing with the same model at Ironwood Ridge High School as is in t Candel Oro High School. Mayor Loomis stated that the Town would be interested in initiating place a Y at the new high school. an lntergovemmental Agreement for resource officer(s) 9 Community Development ment Director Brent Sinclair reported that parties are working toward joint use of facilities. There was discussion of extensive joint usage/sharing of expenses/coordination of scheduling of fields. Dr_ Frey noted the difficulties in scheduling for joint use of fields, since the District overlaps three jurisdictions1 and suggested that sharing of information be the first step. She will provide a listing of the fields to the Town's Parks and Recreation Department,and suggested that the Town provide a list of what facilities it has allocated. Mr. Jaeger clarified that the District can improve only property it owns;this does not reclude joint use or joint development of adjoining properties, but does preclude a school district from P improving the property that is owned by municipalities. MAR-28-2801 14:51 AMPHI GOVERNING BOARD P.05 Amphitheater Governing BoardSpecial S ecial Meeting- February 5, 2001 4 tl Painted SkyElementary School is sharing the DARE officer assigned to 10 Mr. Sharp stated that currently Copper Elementary ente School. He recommended that an additional DARE Office be assigned ned to Painted Sky. Oro Valley will be exploring grant funding for this purpose. 4. Future Joint Meeting Schedule Mayor Loomis9g and possiblyset a suggested the Town Council and Governing Board meet semi-annually, meeting for September. P t mber. The Superintendent and Town Manager will work together to set a date as appropriate. With each entity gathering necessary data,the Town and District will identify how we can proactively work together to meet the needs of the community, putting together a plan for the future of the northwest area. The Town and District will work toward identifying needs for the next five to twenty-five years, utilizing new census data. BOARD MEMBER REQUESTS FOR FUTURE AGENDA ITEMS There were no requests for future agenda items from Governing Board members. PUBLIC COMMENT Barry Simone spoke in appreciation of the joint meeting. ADJOURNMENT A motion was made byMrs. Schuh, seconded by Mr. Prout and passed unanimously, that the meeting be adjourned. The time was 9:48 p.m. • **AMENDED (3-2-01, 4:30 p.m.) AGENDA ORO VALLEY TOWN COUNCIL REGULAR SESSION MARCH 7, 2001 ORO VALLEY COUNCIL CHAMBERS 11,000 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 ARS 38-431.03 (A)(7) Discussion relating to the possible 1. Pursuant to or lease of real property (28 acre-parcel north of Naranja Town purchase p P Y site) 2. Pursuant to ARS 38-431.03(A)(3) legal advice relating to the proposed Development Agreement with Stone Canyon LLC 3. Pursuant to ARS 38-431.03(A)(3) Legal Advice relating to the Settlement Agreement with City of Tucson 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 mayconsider and/or take action on the items listed below: ORDER OF BUSINESS: MAYOR WILL REVIEW THE ORDER OF THE MEETING CALL TO AUDIENCE - According to the Arizona Open Meeting Law, the Town only Council maydiscuss matters listed on the Town Council Agenda. Mattersbroughtupby the public under "Call to Audience" cannot be discusby discussed the Town Council as they have not been placed on the agenda. Any items must be addressed to the whole Council, not a specific member. In speakg order to during "Call to Audience", please specify what you wish to discuss when completing the blue speaker card. f ` 03/07/01 Agenda, CouncilRegular Session 2 1. CONSENT AGENDA (Consideration and/or possible action) A. Minutes 2/7/01 , 2/12/01, 2/21/01 , 2/22/01, 2/26/01 Report for the month ended January 31, 2001 B. Finance On- 14 Declaring proposed amendments C. Resolution No. (R)O1- Call-Back Pay, Transfer of Leave and Bereavement Call/Emergency y nel Policies and Procedures of Oro ValleyPerson Leave) to the Town at Code, a public record (PublicHearing on the Ordinance will be held the April 4, 2001 Town Council meeting) 2. (R)O1-15RESOLUTION OF THE TOWN OF ORO RESOLUTION NO. A VALLEY, ARIZONA, SETTING FORTH THE TOWN'S SUPPORT OF SENATE BILL 1161 — SCHOOL IMPACT FEES Explanation: This resolution is being broughti forward as a follow-up to the point meeting and the Amphitheater Governing Board on of the Mayor & Councilp Board and in response to a letter from Amphi Governing February 5, 2001, p proposed Kenneth Smith askingfor support of SB 1161. Thep p President Senate Bill would ld a llow towns and cities to assess impact fees for schools. to the Senate Education Committee & the Currently, this bill was assigned Senate Government Committee on January 17, 2001. To date, the bill has not been scheduled for a hearing by either committee. 3. OV 12-94-2A FINAL PLAT AMENDMENT, GOLD CANYON LOT 6 (AKA LA RESERVE PARCEL K) LOCATED EAST OF ORACLE ROAD AND EAST OF LA RESERVE DRIVE IN PROXIMITY TO GOLD CANYON PLACE Explanation: encroach and build applicant has The requested a Final Plat Amendment to en proposed on part of a natural area. ro The osed land exchange will locate the house in a less sensitive area that will be free of any vegetation. 4. OV12-00-24 RANCHO VISTOSO NEIGHBORHOOD 10 RECREATION AREA DEVELOPMENT PLAN LOCATED ON DESERT FAIRWAYS DRIVE Explanation: Vistoso Partners, represented byThe WLB Group, requests approval of a recreation area developmentplan lan for the Rancho Vistoso Neighborhood This property is located in the southwestern portion 10 Recreation Area. p p Y the 8.9 acre parcel is on the south side of Desert of Rancho Vistoso, �dHidden approximately 1/3 mile west of the intersection of Fairways Drive, approx Y p Springs Drive. This development plan is for a private recreation facility to serve the residents of Rancho Vistoso. 03/07/01 Agenda, CouncilRegular Session 3 5. OV12-00-24 RANCHO VISTOSO NEIGHBORHOOD 10 RECREATION PRESERVATION, SALVAGE AND NATIVE PLANT MITIGATION� PLAN AND LANDSCAPE PLAN LOCATED ON DESERT FAIRWAYS DRIVE Explanation: approval of a Partners, represented by The WLB Group, requestspp Vistoso P � p __ and Landsca e Native Plant Preservation, Salvage and Mitigation Planp Plan for the Rancho Vistoso Neighborhood hborhood 10 Recreation Area. Located portion of Rancho Vistoso, the 8.9 acre parcel is on in the southwestern �d west of Desert Fairways Drive, approximately 1/3 mile the south side of Y p the intersection of Hidden Springs Drive. This will be a private recreation facility to serve residents of Rancho Vistoso. 6. OV12-99-20 RANCHO VISTOSO NEIGHBORHOOD 10, PARCELS Q &R FINAL PLAT, LOCATED NORTH OF MOORE ROAD AND EAST OF THE FUTURE LA CANADA DRIVE EXTENSION Explanation: Town B Group, representing Kaufman and Broad, requests The WL 4 acres in Rancho review and approval of the final plat for 48.1 Councilpp Vistoso Neighborhood 10 Parcels Q & R. This will consist of 212 le- sin g s ace wash and trails accessing the wash. family lots, a preservedopen 7. ORDINANCE NO. (0)01 08 - AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA AUTHORIZING AND APPROVING THE TOWN TO ENTER INTO A DEVELOPMENT AGREEMENT BY AND BETWEEN THE TOWN OF ORO VALLEY AND STONE CANYON, L.L.C. TO FACILITATE THE DEVELOPMENT OF NEIGHBORHOOD 12; AND DECLARING AN EMERGENCY ** R )01-16 A RESOLUTION OF THE TOWN OF g. RESOLUTION NO. ( ORO VALLEY, ARIZONA COMMITTING UP TO $28,680 TOWARDS A JULY 4TH, 2001 INDEPENDENCE DAY CELEBRATION AT CDO RIVERFRONT PARK IN CONJUNCTION WITH THE GREATER ORO VALLEY ARTS COUNCIL AND AMENDING THE FY 2000/2001 TOWN BUDGET TOWN MANAGER'S REPORT - Accordingto the Arizona Open Meeting Law, the CALL TO AUDIENCE discuss matters listed on the Town Council Town Council may only ou ht upbythe public under "Call to Audience" cannot Agenda. Matters brought gthe • Town Council, as they have not been placed on be discussed by the must be addressed to the whole Council, not a specific agenda. Any items �� s specify what order to speak during "Call to Audience", pleasep Y member. In p wishwhen completing the blue speaker card. you to discuss uss p 9► Council Regular Session � 4 03/07/01 Agenda, g ADJOURNMENT POSTED: 02/28/01 AMENDED AGENDA POSTED: 4:30p.m. 03/02/01 lh 4:30 p.m. rg packet of agenda materials as listed� ed above is available for public inspection at � Council meetingin the office of the Town Clerk least 24 hours prior to the between the hours of 8:00 a.m. — 5:00p.m. The Town of Oro Valley complies with the Americans with Disabilities Act (ADA). n t If anyperson with a disability needs any type of accommodation, please notify Kathryn Cuvelier, Town Clerk, at 229-4700. Y INSTRUCTIONS TO SPEAKERS i ht to Members of the public have the speak during any posted public right hearing. However, those items not listed as a public hearing are for ' Town Council during the course of their consideration and action by the • of the public may be allowed to speak on business meeting. Members these topics at the discretion of the Chair. Council on anyitem(s) on this agenda, please Ifyou wish to address the Town Co on the Agenda table at the back of the room complete a speaker card located g item p Please indicate on the speaker card which and give it to the Town Clerk. on, if you wish and topic you wish to speak or to speak during "Call Audience", specify what you wish to discuss when to please p y completing the blue speaker card. when the Mayor announces the item(s) on the Please step forward to the podium Y agendayou which are interested in addressing. your name and address for the record. 1. Please state Speak onlyon the issue currently being discussed by Council. Please 2� organizeyour speech, you will only be allowed to address the Council once regarding the topic being discussed. g g 3. Please limit your comments to 3 minutes. 4. During "Call to Au you ou may address the Council on any issue you wish. must speakin a courteous and 5. Any member of the public speaking respectful manner to those present. Thanky ou for your cooperation. • 03/07/01 Minutes,Council Regular Session 2 Dick Johnson, Council Member IP Bart Rochman, Council Member Werner Wolff, Council Member PLEDGE OF ALLEGIANCE Mayor Loomis led the audience in the Pledge of Allegiance. UPCOMING MEETING ANNOUNCEMENTS Town Manager Chuck Sweet reviewed the upcoming meetings and events. CALL TO AUDIENCE No speakers. 1. CONSENT AGENDA MOTION: Council Member Johnson MOVED to APPROVE the Consent Agenda as presented. Vice Mayor LaSala SECONDED the motion. Motion carried, 5 —0. A. Minutes—2/7/01, 2/12/01, 2/21/01, 2/22/01, 2/26/01 B. Finance Report for the month ended January 31, 2001 C. Resolution No. (R)01-14 Declaring proposed amendments (On- • CalllEmergency Call-Back Pay, Transfer of Leave and Bereavement Leave) to the Town of Oro Valley Personnel Policies and Procedures Code, a public record (Public Hearing on the Ordinance will be held at the April 4, 2001 Town Council meeting) 2. RESOLUTION NO. (R)01-15 A RESOLUTION OF THE TOWN OF ORO VALLEY,ARIZONA, SETTING FORTH THE TOWN'S SUPPORT OF SENATE BILL 1161 SCHOOL IMPACT FEES TownManager Chuck Sweet reported that Resolution No. (R)01-15 was a follow up to a Joint Meetingwith the Oro Valley Town Council and the Amphitheater School District 5, 2001. He stated that Am hi Governing Board President Kenneth Smith on FebruaryAmp hi forwarded a letter to Mayor Loomis and Council asking for support of Senate Bill Mr. Sweet ex lained that if approved, the proposed Senate Bill would allow (SB)116l. explained towns and cities to assess impact fees for schools. Currently, this bill has been assigned to the Senate Education Committee & the Senate Government Committee. He reported that to date, the bill had not been scheduled for a hearing by either committee. Dr. Kenneth Smith, President of the Amphitheater School District Governing Board, reported that the Board unanimously passed a resolution in support of SB 1161. He explained that the Bill would allow municipalities to impose impact fees for the purpose of school construction and/or improvements. It would allow the flexibility to impose or 11110 not to impose impact fees. If the municipality did impose the fees, they would have total 1r 03/07/01 Minutes,Council Regular Session 3 control and would be able to set the conditions for the impact fees. He agreed to keep the pp Council up to date on what is happening in the Senate regarding the Bill. MOTION. Vice Mayor LaSala MOVED to APPROVE Resolution No. (R)O1-15. Council Member Rochman SECONDED the motion. Motion carried, 5 —0. 3. OV12-94-2A FINAL PLAT AMENDMENT, GOLD CANYON LOT 6 (AKA LA RESERVE PARCEL K) LOCATED EAST OF ORACLE ROAD AND EAST OF LA RESERVE DRIVE IN PROXIMITY TO GOLD CANYON PLACE o Brent Sinclair reported that the applicant has requested a Community Development Director P Final Plat Amendment to encroach and build on part of a natural area in Gold Canyon, Lot 6, in La Reserve Parcel K. He stated that staff recommended approval of the amendment as would locate the house in a less sensitive area that would be the proposed land exchange g etation and would avoid the building pad being constructed on the free of any significantve 25 percent slope. 10373 N. Gold Canon Place, stated that he had no problems with the Jack Tyrell, applicant, y pp listed conditions of approval. He stated that they are fair and in accordance with the discussions held with the Town staff. MOTION: Vice My Mayor LaSala MOVED to APPROVE OV12-94-2A,revisions to the Final Plat,Lot 6 at Gold Canyon, effective on the date of satisfaction of the conditions as • listed in Exhibit"A". A) . 1. All general notes and conditions from the original Final Plat shall apply. 2. All proposed structures must meet all applicable building setbacks and maximum building height. 3. The total gr g adin limits shall not exceed 5,000 square feet, excluding driveway. 4. The extension of the driveway to the proposed site shall be designed around the vegetationtoprovide minimal disturbance.significant e. Any disturbance to significant 'ti ated utilizing the ratios depicted in Chapter 14 of the Oro Valley vegetation must be ml g g Zoning Code Revised (OVZCR.) 5. The two buffer exchange areas will remain undisturbed. 6. A Palo Verde tree on the east side of the property next to the proposed building pad must be preserved in place. 7. The followingmaterials must be submitted to record the revisions: • Revised mylars of the Final Plat. • 3 full-size (24 inches X 36 inches) copies of the revised Final Plat • Data diskette (3 1/2 inch diskette, zip disk, or CD-ROM) in DXF or AutoCAD DWG format Council Member Wolff SECONDED the motion. Motion carried, 5 —0. • • RESOLUTION NO. (R)01-15 A RESOLUTION OF THE TOWN OF ORO VALLEY, ARIZONA, SETTING FORTH THE TOWN'S SUPPORT OF SENATE BILL 1161 OF THE 45TH LEGISLATURE WHEREAS, it is the intent of the Oro Valley Town Council to provide the best educational opportunity possible for area students; and e endent WHEREAS, the future of Arizona is d upon the quality of educational p opportunity available for its young people; and WHEREAS, high quality educational facilities enrich rich the general community unity of municipalities, by enhancing the educational, recreational and artistic opportunities available in that community; and development creates a need for school WHEREAS, increased residential p construction; and WHEREAS, high quality school facilities' ' within a school district make residential units within that school district more valuable and desirable to buyers; and Appeals has concluded that municipalities lack WHEREAS, the Arizona Court of . for the benefit of school districts, authorityto assess impact fees on development and tl pending Senate Bill 1161 is presently p 9 in the 45th Legislature of the State of Arizona; and Legislature,if passed by the State Leg , Senate Bill 1161 would provide fees for the benefit of local school authority for municipalities to assess impact districts. that the Mayor and Town Council support NOW THEREFORE BE IT Y RESOLVED h 45tLegislature in its current form as of SB 1161 currently pending in the 9 e February 27, 2001 and any amendments to this version of SB1161 would require resolution b the Mayor and Town Council. subsequent action and y • . • A I • PASSED and APPROVED by the Town Council of the Town of Oro 7th dayof March , 2001 Valley, Arizona, this TOWN OF ORO VALLEY 5,,g--- 37:7;, "---- MAYOR ATTEST:4TOW CLERK c,.,„_,,,,4L --''' lab -',s ' A i ir i 4 / - III" TO N ATTOR EY 1 U1 SB 1161 - 4511t- 1 ver rage / REFERENCE TITLE: school development fees; municipalities State of Arizona Senate Forty-fifth Legislature First Regular Session 2001 SB 1161 Introduced by Senators Rios: Aguirre, Brown, Hartley, Jackson, Mitchell, Nichols AN ACT 1 TER 9. ARIZONA REVISED STATUTES_ BY ADDING AMENDING TITLE 1.,; CHAP r ARTICLE 9; RELATING TO SCHOOL DEVELOPMENT FEES. (TEXT OF BILL BEGINS ON NEXT PAGE) it enactedby Legislature the Le islature of the State of Arizona: is amended Section 1. Title 15, chapter 9, Arizona Revised Statutes, by adding article 9, to read: ARTICLE E 9. SCHOOL DEVELOPMENT FEES 5-106 Definitions IN THIS ARTICLE, UNLESS THE CONTEXT OTHERWISE REQUIRES: MEANS THAT PART OF THE COUNTY�� OUTSIDE THE 1. "AREA OF JL�.�DICTION�, I�IE.�1ti�, - CORPORATE LIMITS OF A MUNICIPALITY. 2. "BUILDING PERMIT,, MEANS S ANS:' DOCUMENT OR OTHER DEN`ICE GRANTING AN INDIVIDUAL ORTHE INDIVIDUAL'S AGENT THE RIGHT TO CONSTRUCT IMPROVEMENTS, INCLUDING RESIDENTIAL STRUCTURES, ON REAL PROPERTY, WHETHER ISSUED BY A MUNICIPALITY PURSUANT TO SECTION 9-467 OR BY A COUNTY PURSUANT TO SECTION 11-321. 3. "DEVELOPER" "DEVELOPER" MEANSANY ` PERS_ON- FIRM. CORPORATION. ORPORATION. PARTNERSHIP. ASSOCIATION. SYNDICATE, TRUST OR OTHER LEGAL EN _C LEN I_ THAT UNDERTAKES C PLAN OR CNSTRUC - ADEVELOPMENT, EXCEPT THAT N INDIVIDUAL SERA/711\7G ' S --�. iJ�`�{ � AGENT C FOR A.LEGAL ENTITY I.S N O�_ A DEVELOPER. �.. 1 1� I "DEVELOPMENT" T" LOj. MENTt ���[[ AN S A REAL ESTATE 6''E L O P ME. ,.+i ._:`S:�.{L 1. `R�. _. THE Y- RESIDENTIAL �! T---.� 7, { ��e i �: "�'y$ d � OR A _ J1 5...��Jl.._.<�..3-.�_ a.I S_. �� �.- %r,.!S_/.tom.. -� i..i._-' CREATION ION O F A RE S ID E1.�,TI.� S�,, �,:f I.S s _. sbl .htm . 02/21/2001 httP://www.azleg.state.az.us/legtext/451eg/lr/bills/ 161 p oii SB1161 - 451R- 1 Ver rage z SUBDIVISION, OR BOTH, OR.RESULTING IN THE CONSTRUCTION. OF RESIDENTIAL UNITS OR RESIDENTIAL:STRUCTURES. • 5. "FINAL PLAT" MEANS A MAP OF ALL OR PART OF A SUBDIVISION THAT ESSENTIALLY CONFORMS TO AN APPROVED PRELIMINARY PLAT AND THAT IS PREPARED IN ACCORDANCE WITH ANY APPLICABLE ORDINANCE OR STATUTE. 6. "HABITABLE SQUARE FEET" OR "HABITABLE SQUARE FOOTAGE" MEANS THE AREA MEASURED IN SQUARE FEET UNDER THE ROOF OF A RESIDENTIAL STRUCTURE EXCLUDING ANY- AREA FOR PARKING MOTOR VEHICLES AND ANY SPACE NOT SURROUNDED BY. FOUR WALLS, SUCH AS AN ATTACHED PATIO. 7. "MULTIFAMILY RESIDENTIAL SUBDIVISION" MEANS LAND THAT IS SUBJECT TO SECTION 9-463.02 OR 11-806.01 AND THAT IS USED FOR THE CONSTRUCTION OF RESIDENTIAL UNITS, INCLUDING APARTMENTS. 8. "MUNICIPALITY" MEANS AN INCORPORATED CITY OR TOWN. 9. "PLAT" MEANS A MAP OF A SUBDIVISION. 1.0. "PRELIMINARY PLAT" MEANS A PRELIMINARY MAP, INCLUDING SUPPORTING - DATA, THAT INDICATES A PROPOSED SUBDIVISION DESIGN AND THAT IS PREPARED IN ACCORDANCE WITH ANY APPLICABLE ORDINANCE OR STATUTE. 11. "RECORDED PLAT" MEANS A FIN-AL PLAT BEARING ALL OF THE CERTIFICATES OF APPROVAL REQUIRED BY ANY APPLICABLE ORDINANCE OR STATUTE. 12. "RESIDENTIAL STRUCTURE" MEANS A STRUCTURE OR BUILDING FOR WHICH A BUILDING PERMIT IS REQUIRED BY LAW AND THAT IS INTENDED OR IS COMMONLY USED AS A.RESIDENCE OR DWELLING PLACE AND A MOBILE HOME, EVEN IF A • BUILDING PERMIT IS NOT REQUIRED FOR THE MOBILE HOME. 13. "RESIDENTIAL SUBDIVISION" MEANS LAND THAT IS SUBJECT TO SECTION 9-463.02 OR 11-806.01 AND THAT IS USED FOR THE CONSTRUCTION OF RESIDENTIAL. STRUCTURES, INCLUDING MOBILE HOME PARKS, 14-. "RESIDENTIAL UNIT" MEANS THAT PORTION OF A MULTIFAMILY RESIDENTIAL SUBDIVISION THAT IS SET LIP AS A SEPARATE HOUSEKEEPING UNIT AND THAT IS COMMONLY USED BY A FAMILY OR AN ENTINVIDUAL AS A RESIDENCE OR DWELLING PLACE. 15. "SCHOOL DEVELOPMENT FEE FUND" MEANS A FUND OF A SCHOOL. DISTRICT ESTABLISHED BY THE COU:NTTY TREASURER. FOR THE COLLECTION OF SCHOOL DEVELOPMENT FEES DEPOSITED AND EXPENDED PURSUANT TO SECTION 15-1072. I 6. "SCHOOL DEVELOPMENT FEES" OR. "FEES" 1.vi-E.AM:,!S MONIES ASSESSED AND COLLECTED B SCHOOL DISTRICTS FOR THE PURPOSES OF AND PURSUANT TO THIS ARTICLE. http://www.azleg.state.az.usilegtext/451egn ribills/sb1161p.htm 02/21/2001 SB1161 - 451k- I Ver rage 17. "SUBDIVIDER" MEANS ANY PERSON_ FIRM, CORPORATION, PARTNERSHIP, ASSOCIATION. SYNDICATE_ TRUST OR OTHER LEGAL ENTITY THAT FILES AN APPLICATION'AND INITIATES PROCEEDINGS FOR THE SUBDIVISION OF LAND FOR A RESIDENTIAL SUBDIVISION OR A MULTIFAMILY RESIDENTIAL SUBDIVISION IN ACCORDANCE WITH ANY APPLICABLE ORDINANCE OR STATUTE, EXCEPT THAT AN INDIVIDUAL SERVING AS AN AGENT FOR A LEGAL ENTITY IS NOT A SUBDIVIDER. 15-1062. Assessment of school development fees A MUNICIPALITY MAY ASSESS SCHOOL DEVELOPMENT FEES PURSUANT TO SECTION 9-463.05 TO OFFSET COSTS ASSOCIATED WITH PROVIDING NECESSARY EDUCATIONAL FACILITIES AND SERVICES TO RESIDENTIAL DEVELOPMENTS. A MUNICIPALITY SHALL DETERMINE THE AMOUNT OF THE FEES AS PRESCRIBED IN THIS ARTICLE. 15-1063. Maximum fees time of assessment A. BEFORE ASSESSING SCHOOL DEVELOPMENT FEES THE MUNICIPALITY SHALL DETERMINE AND DOCUMENT THE COSTS FOR ITEMS DESCRIBED IN.SECTION 15-1072, SUBSECTION B. THE MUNICIPALITY SHALL INCLUDE ONLY THOSE COSTS FOR WHICH THERE IS A RATIONAL CONNECTION WITH THE BURDENS IMPOSED BY THE DEVELOPMENT. THE TOTAL FEES ASSESSED AGAINST A RESIDENTIAL DEVELOPMENT SHALL NOT EXCEED TWENTY-FIVE PER CENT OF THESE COSTS. B. IN ADDITION TO THE TOTAL FEE LIMITATION, SCHOOL.DEVELOPMENT FEES SHALL NOT EXCEED: I. FOR A RESIDENTIAL STRUCTURE THAT IS LESS MAN SIX HUNDRED FIFTY SQUARE FEET IN SIZE, TWENTY-FIVE CENTS A SQUARE FOOT. 2. FOR A RESIDENTIAL STRUCTURE THAT IS SIX HUNDRED FIFTY OR MORE SQUARE FEET IN SIZE, SIXTY-F1VE CENTS A SQUARE FOOT L TO A MAXIMUM OF THREE THOUSAND FIVE HUNDRED SQUARE FEET. C. THE DEPARTMENT OF EDUCATION SHALL ADJUST THE AMOUNTS THAT MAY BE ASSESSED BY THE ANNUAL GROWTH IN THE GROSS DOMESTIC PRODUCT PRICE DEFLATOR. D. NO MORE THAN TWENTY-FIVE PER CENT OF THE TOTAL FEES ASSESSED MAY BE MADE DUE AND PAYABLE ON OR BEFORE THE APPROVAL OF THE FINAL PLAT FOR A RESIDENTIAL SUBDIVISION. THE REMAINING FEES ASSESSED ARE DUE AND PAYABLE ON OR BEFORE THE ISSUANCE OF ANY BUILDING PERMITS FOR RESIDENTIAL STRUCTURES OR RESIDENTIAL UMTS. A RESIDENTIAL SUBDIVISION OR MULTIFAMILY RESIDENTIAL SUBDIVISION THAT DOES NOT REQUIRE OR USE A PLAT SHALL BE ASSESSED AND SRALL PAY THE SCHOOL DEVEL-OPT\1ENT FEE: BEFORE THE ISSUANCE OF BUILDING PERMITS FOR ANY RESIDENTIAL STRUCTURES OR UNITS BUILT IN THE SUBDIVISION. http://www.azleg.state.az.usilegtext/451eg/lrfbills/sb1161p.htm 02/21/2001 SB1161 - 451k- 1 Ver rage / Land or facilities in lieu of school development fees A MUNICIPALITY MAY ACCEPT A DONATION OF LAND OR FACILITIES FROM A SUBDIVIDER OR DEVELOPER IN LIEU OF PART OR ALL OF THE FEES. THE DESIGN OF ANY CONTRIBUTED FACILFTIES SHALL BE AT THE DISCRETION OF THE MUNICIPALITY. -1 065. Exempt developments A DEVELOPMENT THAT BY ZONING.- DEED RESTRICTIONS OR OTHER PERMANENT RESTRICTIONS ON OWNERSHIP OR RESIDENCE WITHIN THE DEVELOPMENT RESTRICTS THE PERSONS RESIDING IN THE DEVELOPMENT TO PERSONS TWENTY- TWO YEARS OF AGE OR OLDER IS EXEMPT FROM THE ASSESSMENT AND PAYMENT OF SCHOOL DEVELOPMENT FEES. EACH RESIDENTIAL STRUCTURE OR UNIT WITHIN A DEVELOPMENT THAT CHANGES ITS ZONING OR REMOVES ITS DEED RESTRICTIONS OR OTHER PERMANENT RESTRICTIONS OF OWNERSHIP OR RESIDENCE WITHIN THE DEVELOPMENT TO ALLOW PERSONS RESIDING IN THE DEVELOPMENT TO BE UNDER TWENTY-TWO YEARS OF AGE SHALL.BE ASSESSED THE SCHOOL DEVELOPMENT FEES IF THE RESIDENTIAL. STRUCTURE OR UNIT HAS NOT PREVIOUSLY BEEN ASSESSED AND PAID THE FEES. IF AN EXEMPT DEVELOPMENT Ek.1.1_,S TO ENFORCE ITS ZONING. DEED RESTRICTIONS OR OTHER PERMANENT RESTRICTIONS ON OWNERSHIP OR RESIDENCE WITHIN THE DEVELOPMENT IN ALL CASES.. THE EXEMPT DEVELOPMENT LOSES ITS EXEMPTION AND THE. ENTIRE DEVELOPMENT IS SUBJECT TO THE FEES. : fr-10t6 Limitation on approval of residential subdivisions or granting.building or hooku 'emits A. A MUNICIPALITY OR COUNTY SHALL NOT APPROVE A FINAL.PLAT OF A RESIDENTIAL SUBDIVISION MOBILE HOME PARK OR MULTIFAMILY RESIDENTIAL SUBDIVISION UNLESS THE FEES REQUIRED BY THIS ARTICLE HAVE BEEN PAID. B. A MUNICIPALITY OR COUNTY SHALL NOT IS SUE A BUILDING PERMIT FOR A RESIDENTIAL STRUCTURE OR RESIDENTIAL UNIT OR APPROVE ANY HOOKUP PERMIT FOR A MOBILE HOME UNLESS THE FEES REQUIRED B THIS ARTICLE HAVE BEEN PAID TO THE EXTENT THE RESIDENTIAL SUBDIVISION OR MULTIFAMILY RESIDENTIAL SUBDIVISION HAS NOT PREVIOUSLY BEEN ASSESSED OR PAID THE FEES. - Notice of preliminary_plat AFTER A PRELIMINARY PLAT IS. FILED. THE MITNICIPALITY OR COUNTY IN WHICH IT IS FILED SHALL NOTIFY AND FORWARD A COPY OF THE PLAT TO THE MUNICIPALITY WiTHIN WHOSE BOUNDARIES Ma': PROPERTY DEF_ICR13ED ON THE PRELIMINARY PLAT IS LOCATED. THE DEVELOPER OR SUBDIVIDER SE ALL CONTACT THE MUNICIPALITY REGARDINQ \-M_ENT OF THE SCHOOL DEVELOPMENT FEES. Notice of application for building.. pennit or hookup Dermit http://www.azleg.state.az.usilegtext/451eg/lebills/sb1161p.htm 02/21/2001 1 ' SB1161 - 451R- IVer rage J01 / THE DEVELOPER OF A RESIDENTIAL STRUCTURE OR RESIDENTIAL L NIT OR A PERSON DESIRING IRING TO HOOK UP A.MOBILE HOW. TO RECEIVE UTILITY SERVICES SHALL PRESENT ITS FINAL PLANS TO THE ML'NICIPALITY WITHIN WHOSE BOUNDARIES THE STRUCTURE OR UNIT IS LOCATED FOR ASSESSMENT OF THE SCHOOL DEVELOPMENT FEES. THE FINAL PLANS SHALL CLEARLY SET FORTH THE CORRECT HABITABLE SQUARE FOOTAGE OF THE STRUCTURE OR.UNIT. 15-1069. Nonconforming subdivisions; lien A RESIDENTIAL SUBDIVISION OR MULTIFAMILY RESIDENTIAL SUBDIVISION THAT IS ESTABLISHED WITHOUT A RECORDED PLAT OR THAT IS ESTABLISHED WITHOUT COMPLYING WITH APPLICABLE ORDINANCES AND STATUTES 'REGARDING THE SUBDIVISION OF REAL PROPERTY OR ANY DEVELOPMENT THAT IS EXEMPTED FROM THE ASSESSMENT OF SCHOOL DEVELOPMENT FEES PURSUANT TO SECTION 15-1065 AND THAT SUBSEQUENTLY LOSES ITS EXEMPTION IS SUBJECT TO THE FEES. UNTIL PAID IN FULL, THE FEES CONSTITUTE A LIEN AGAINST THE PROPERTY IN FAVOR OF THE MUNICIPALITY WITHIN WHOSE BOUNDARIES THE NONCONFORMING SUBDIVISION IS LOCATED. 15-1070. Nonconforming_structures and units: lien A RESIDENTIAL STRUCTURE OR RESIDENTIAL UNIT THAT IS CONSTRUCTED WITHOUT A BUILDING PERMIT OR THAT 15 CONSTRUCTED WITHOUT COMPLYING WITH APPLICABLE ORDINANCES OR STATUTES REGARDING THE STRUCTURES OR. UNITS OR ANY DEVELOPMENT T THAT IS EXEMPTED FROM THE ASSESSMENT OF T AND DEVELOPMENT FEES PURSUANT TO SECTION 15-1065 THAT SUBSEQUENTLY LOSES ITS EXEMPTION IS SUBJECT TO THE FEES. UNTIL.PAID IN FULL, THE FEES CONSTITUTE A LIEN AGAINST ANY STRUCTURE OR UNIT CO NSTRUCTED IN FAVOR OF THE MUNICIPALITY WITHIN WHOSE BOUNDARIES ARIES T. NONCONFORMING STRUCTURE OR UNIT IS LOCATED. I 1071 . Foreclosure of liens A LIEN IMPOSED PURSUANT TO SECTION 15-1069 O.R. 15-1070 MAY BE FORECLOSED BY THE MUNICIPALITY IN 11-1- MANNER SET FORTH IN TITLE 42, CHAPTER 18 FOR THE SALE AND FORECLOSURE OF LIENS ARISING FROM NONPAYMENT OF REAL PROPERTY TAT S. 5- 07 . Deposit of fees: fund: use: return: exemption A. CI-I00 S L DEVELOPMENT FEES SHALL. BE DEPOSITED WI STH THE COUNTY ..., TREASURER WHO SHALL CREDIT TI-LE MONIES TO 11111.. SCHOOL DEVELOPMENT FEE FUND. MONIES DEPOSITED UN AND EXTENDED FROM THE FUND� SH.AL,L B IDENTIFIED BY THE DEVELOPMENT THAT IS EE SOURCE OF THE MONIES. B. SUBJECT TO THE LIMITATIONS PRESCRIBED IN SUBSECTION B OF THIS SECTION_ THE GOVERNING BOARD MAY SPEND TH- E_ FEES Et D INTEREST EARNED `L, • FEES FOR: http•.//www.azle us/le text/451eg/l r/bills/sbl 161 p.htm 02/21/2001 g.state.az. g • SB1161 - 451R- 1 Ver rage o or / 1. ACQUISITIONS BY PURCHASE_ LEASE-PURCHASE, LEASE OR LONG-TERM LEASE OF LAND, BUILDINGS AND IMPROVEMENTS TO LAND AND BUILDINGS, INCLUDING LABOR AND RELATED EMPLOYEE BENEFITS COSTS AND MATERIAL COSTS IF WORK IS PERFORMED BY SCHOOL DISTRICT EMPLOYEES. 2. PUPIL AND NON-PUPIL TRANSPORTATION VEHICLES AND EQUIPMENT,'INCLUDING ALL CAPITAL.EXPENDITURES IN A CONTRACT IF THE SCHOOL DISTRICT CONTRACTS FOR PUPIL TRANSPORTATION. 3. EXPENSES INCURRED BY A SCHOOL DISTRICT IN ASSESSING AND COLLECTING SCHOOL DEVELOPMENT FEES. INCLUDING ALL PROFESSIONAL_ LEGAL, ENGINEERING, ACCOUNTING AND AUDIT FEES OR EXPENSES TH. AT ARE INCURRED. C. DEVELOPMENT FEES SHALL. BE SPENT WITHIN FIVE YEARS AFTER THEY ARE PAID. FEES THAT ARE NOT SPENT WITHIN THIS PERIOD SHALL BE RETURNED TO THE DEVELOPER THAT PAID THE FEES. D. SCHOOL DEVELOPMENT FEES AND ANY INTEREST EARNED ON THE FEES ARE EXEMPT FROM THE LIMITATIONS ON EXPENDITURE OF LOCAL REVENUES AS DEFINED IN ARTICLE IX. SECTION 21, CONSTITUTION OF ARIZONA. NOTWITHSTANDING SECTION 15-905, SUBSECTION F, AT LEAST SEVENTY-FIVE PER CENT OF THE AMOUNT WITHIN THE CAPITAL OUTLAY REVENUE LIMIT, AS PROVIDED IN SECTION 15-951_ SUBSECTION C OR SECTION 15-961_ SHALLBE BUDGETED ENTIRELY IN THE CAPITAL OUTLAY SECTION FOR ANY FISCAL YEAR IF A GOVERNING BOARD ASSESSES SCHOOL DEVELOPMENT FEES OR IF THERE ARE MONIES IN THE SCHOOL DEVELOPMENT FEE FUND. E. A GOVERNING BOARD MAY ONLY USE THE FEES AND INTEREST EARNED ON THE FEES FOR PROJECTS AND EQUIPMENT THAT EXCEED THE STANDARDS PRESCRIBED IN SECTION 15-2011. 73Appeal of assessments A. A SUBDIVIDER OR DEVELOPER WHO BELIEVES THE ASSESSMENT OF SCHOOL DEVELOPMENT FEES IS IMPROPER MAY APPEAL THE ASSESSMENT TO THE MUNICIPALITY BY FILING THE APPEAL WITH THE GOVERNING BOARD NOT MORE THAN TEN DAYS AFTER THE. RECEIPT OF THE NOTICE OF THE ASSESSMENT. THE DEVELOPER SHALL BE FURNISHED WITH TI-E, METHOD OF COMPUTATION OF THE ASSESSMENT IN WRTTING WITH THE NOTICE OF THE ASSESSMENT. THE APPEAL SHALL BE IN MUTING AND SHALL STATE SPECIFIC FACTS RELATING DIRECTLY TO THE ALLEGED WRONGFT TL SSESSMENT M\PD THE MUNICIP.ALITY SHALL HEAR THE APPEAL. WITHIN THIRTY DAYS. AFTER THE APPEAL IS FILED. B. HEARINGS ON THE APPEALS ARE OPEN TO THE. PUBLIC, UNLESS THE SUBDIVIDER OR DEVELOPER REQUESTS CONFIDENTIAL. HEARINGS ARE INFORMAL AND TECHNICAL RULES OF EVIDENCE DO NOT APPLY EXCEPT THE RULES OF PRIVILEGE RECOGNIZED BY 1__A . BOTH THE SLEET' 1DER OR DEVELOPER AND THE MUNICIPALITY SHALL BE. NOTIFIED AT LEiL,ST 7V:71--_-71 DAYS BEFORE THE HEARING http://www.azleg.state.az.us/legtext/451eg/lebills/sb1161p.htm 02/21/2001 SBI 161 - 451R- I Ver rage / of / • THE PARTIES MAY SELECT REPRESENTATIVES OF THEIR CHOOSING, PRESENT AND CROSS-EXAMINE WITNESSES AND GIVE EVIDENCE BEFORE THE MUNICIPALITY. THE MUNICIPALITY MAY APPOINT A HEARING OFFICER TO CONDUCT THE HEARING AND TAKE EVIDENCE ON BEHALF OF THE MUNICIPALITY. THE MUNICIPALITY SHALL PREPARE AN OFFICIAL RECORD OF THE HEARING THAT INCLUDES ALL TESTIMONY RECORDED MANUALLY OR BY MECHANICAL DEVICE AND THE EXHIBITS. C. WITHIN THIRTY DAYS AFTER THE CONCLUSION OF THE HEARING THE MUNICIPALITY SHALL ENTER ITS DECISION AND SEND A COPY OF THE DECISION BY CERTIFIED MAIL TO THE SUBDIVIDER OR DEVELOPER AT THE ADDRESS AS GIVEN AT THE HEARING OR TO A REPRESENTATIVE DESIGNATED BY THE SUBDIVIDER OR DEVELOPER TO RECEIVE A COPY OF THE DECISION. D. A PARTY MAY APPEAL THE DECISION OF THE MUNICIPALITY TO THE SUPERIOR COURT IN THE COUNTY IN WHICH THE SCHOOL DISTRICT IS LOCATED IF THE ORDER WAS: 1. FOUNDED ON OR CONTAINED AN ERROR OF LAW INCLUDING AN ERROR IN THE CONSTRUCTION OR APPLICATION OF ANY PERTINENT RULES. 2. UNSUPPORTED BY THE EVIDENCE AS DISCLOSED BY THE ENTIRE RECORD. 3. MATERIALLY AFFECTED BY AN UNLAWFUL PROCEDURE. 4. BASED ON A VIOLATION OF ANY CONSTITUTIONAL PROVISION. 5. ARBITRARY OR CAPRICIOUS. http://www.azleg.state.az.us/legtext/451eg/1 ribills/sb1161p.htm 02/21/2001 �-- GOVERNING BOARD t:.. (520)696-5158 • -4, FAX(520)696-5047 ANIMPIHISTIKIIUMER 701 W.Wetmore Road•Tucson,AZ 85705•(520)696-5000•FAX(520)696-5064•TDD(520)696-5055 GOVERNING BOARD MEMBERS Kenneth J.Smith,Ed.D. Nancy Young Wright Kent Barrabee,Ph.D. Mike Prout Mary Schuh President Vice President SUPERINTENDENT Vicki Balentine,Ph.D. February 15, 2001 Mayor Paul Loomis Town of Oro Valley 11000 North La Canada Drive Tucson,Arizona 85737 Dear Mayor Loomis: I am enclosing a copy of a resolution passed unanimously by the Amphitheater Governing Board at its regular meeting on February 13. This resolution is in support of Senate Bill 1161, which gives permission to towns and cities to assess impact fees for schools and is the bill which we discussed at our joint meeting with you. It is requested that you bring a similar resolution before the Oro Valley Town Council for consideration. I'll be glad to speak at that meeting if you so desire. Since we share the same lobbyist, a resolution from both your Council and our Board would strengthen his position in discussing this matter with legislators. Sincerely, iec) _ / La f Kenneth J. Smith, Ed. D. Governing Board President ag Enc. c: Amphitheater Governing Board Members and Superintendent Amphitheater High•Canyon del Oro High•Ironwood Ridge High•Amphitheater Alternative Amphitheater Middle School•Coronado K-8 School•Cross Middle School•La Cima Middle School•Wilson K-8 School Copper Creek Elementary•Donaldson Elementary•Harelson Elementary•Holaway Elementary•Keeling Elementary Mesa Verde Elementary•Nash Elementary•Painted Sky Elementary•Prince Elementary•Rio Vista Elementary•Walker Elementary Rillito Center•El Hogar RESOLUTION OF THE GOVERNING BOARD OF AMPHITHEATER UNIFIED SCHOOL DISTRICT NO. 10 OF PIMA COUNTY, ARIZONA, IN SUPPORT OF SENATE BILL 1161 OF THE 45th LEGISLATURE WHEREAS, the GoverningBoard of Amphitheater Unified School District is charged with providing the best educational opportunity possible for its students; d g WHEREAS, the future of Arizona is dependant upon the quality of educational opportunity available to its young people; WHEREAS, the State of Arizona has fully assumed the responsibility of funding school construction through the Students First legislation; WHEREAS, thelevelfunding provided of for the Students First construction program is not sufficient to totally fund community educational needs; WHEREAS, high quality educational facilities enrich the general community of enhancing municipalities, bythe educational, recreational and artistic opportunities available in that community; WHEREAS, local communities maydesire school facilities of a level beyond that provided under the Students First legislation; WHEREAS, residential development creates a need for school construction; WHEREAS, high quality school facilities within a school district make residential units within that school district more valuable and desirable to buyers; WHEREAS, developers rely upon on and in fact market the quality of school facilities serving their developments in their business; Court of Appeals has concluded that municipalities lack WHEREAS, the Arizona PP � fees on development for the benefit of school districts; s ; authority to assess impactP impose impact WHEREAS, school districts cannot fees upon developments which p do impact the school district's ability provide to quality education and educational facilities; resent) pending Senate Bill 1161 is presently P 9 in the 45`h Legislature of the State of Arizona; WHEREAS, if passed by the State Legislature, Senate Bill 1161 would provide assess impact fees for the benefit of local school authority for municipalities to p districts; • 4 BE IT THEREFORE RESOLVED that the Governing Board of Amphitheater Unified School District No. 10 of Pima County, Arizona strongly supports the passage of Senate Bill 1161 and urges legislators concerned with the quality of education and quality of life in their local communities to lend their support to Senate Bill 1161 and vote for its passage. DATED this 13`b day of February, 2001 . - tfr-4 11 I r,"'Z Smi Pr- dent Amphitheater Governing Board 01*() TOWN OF ORO VALLEY - ` .. 11000 N. LA CANADA DRIVE .° ._= gf ORO VALLEY,ARIZONA 85737 .416 Administrative Offices(520)229-4700 Fax(520)297-0428 .416°1*-1:44;i1 www.ci.oro-valley.az.us °UNDEo1g March 9, 2001 Sam Polito 75 W. Linda Vista Blvd. Oro Valley, Arizona 85737 RE: Senate Bill 1161 Dear Sam: During the Oro ValleyTown Council meeting held last evening, the Mayor and Council unanimously approved Resolution No. (R)01-15, setting forth the Town's support of to Senate Bill 1161 currently pending in the 45 Legislature. Enclosed is a copyof this resolution and please provide your support of this pending Senate Bill that if approved, would provide authority for municipalities to assess impact fees for the benefit of local school districts. Copies of this resolution have been sent to our District 12 Representatives and The League of Arizona Cities & Towns. Sincerely, Paul H. Loomis, Mayor Town of Oro Valley, Arizona • LEY qR 0 ,--:ic*Vi4,„-:;',, o c5'..- , w,:cox' , •is . ., TOWN OF ORO VALLEY - -1- u W` 11000 N. LA CANADA DRIVE � ORO VALLEY,ARIZONA 85737 r ,JP:..-„,,,_. • Administrative Offices(520)229-4700 Fax(520)297-0428 www.ci.oro-valley.az.us 19),;1-- 3*ri:'''...ir'r. .- A pO .1911 bi UNDEO March 9, 2001 Cathy Connolly, Executive Director The League of Arizona Cities & Towns 1820 W. Washington Phoenix, Arizona 85007 RE: Senate Bill 1161 Dear Cathy: Valley Town Council meetingheld last evening, the Mayor and Council During the Oro V y approved unanimouslya roved Resolution No. (R)01-15, setting forth the Town's support of Senate Bill 1161 currently pending in the 45th Legislature. Enclosed is a copyof this resolution and please provide your support of this pending Senate Bill that if approved, would provide authority for municipalities to assess impact fees for the benefit of local school districts. Copies of this resolution have been sent to our District 12 Representatives and The League of Arizona Cities & Towns. Sincerely, .,..--- -,----.0- — Paul H. Loomis, Mayor Town of Oro Valley, Arizona P0-EY A• R/ " .. TOWN OF ORO VALLEY 11000 N. LA CANADA DRIVE ' " ORO VALLEY, ARIZONA 85737 't 414 • Administrative Offices(520)2294700 Fax(520)297-0428 A--.471110114 www.ci.oro-valley.az.us p SUN DEO 1 March 9, 2001 The Honorable Toni Hellon Senator — District 12 Senate Wing 1700 W. Washington Phoenix, Arizona 85007 RE: Senate Bill 1161 Dear Senator Hellon: /9't'' Town Council meetingheld last evening, the Mayor and Council During the Oro Valley , Resolution No. (R)01-15, setting forth the Towns support of unanimously approved Senate pending Bill1161 currently in the 45th Legislature. npleaseprovide your support of this pending Enclosed is a copy of this resolution and Senate Bill that if approved, would provide authority for municipalities to assess impact pp fees for the benefit of local school districts. Copies of this resolution have been sent to our District 12 Representatives and The League of Arizona Cities & Towns. Sincerely, Paul H. Loomis, Mayor Town of Oro Valley, Arizona • ; " .. TOWN OF ORO VALLEY '_ ; 11000 N. LA CANADA DRIVE ORO VALLEY,ARIZONA 85737 Ah• • Administrative Offices(520)229-4700 Fax(520)297-0428 .: _ �--�``'',-, ''�.. ' vwvw.ci.oro-valley.az.us °UN D ED March 9, 2001 The Honorable Pete Hershberger Representative — District 12 House Wing 1700 W. Washington Phoenix, Arizona 85007 RE: Senate Bill 1161 Dear Representative Hershberger: Town Council meetingheld last evening, the Mayor and Council During the Oro Valley , Resolution No. (R)01-15, setting forth the Towns support of unanimously approved Senate Billcurrently pending 1161 in the 45th Legislature. resolution andplease provide your support of this pending Enclosed is a copy of this Senate Bill that if approved, provide would authority for municipalities to assess impact fees for the benefit of local school districts. Copies of this resolution have been sent to our District 12 Representatives and The League of Arizona Cities & Towns. Sincerely, Paul H. Loomis, Mayor Town of Oro Valley, Arizona r • + r P-LEY /1/ op Anteetit 0 O _, ,. , R-; .. - TOWN OF ORO VALLEY . • 11000 N. LA CANADA DRIVE 44' A �;: ? ORO VALLEY,ARIZONA 85737 /46,/ • Administrative Offices(520)229-4700 Fax(520)297-0428 4, �"' "` ��-��`�"` ���"" � www.ci.oro-valley.az.us °Li NDEO March 9, 2001 The Honorable Steve Huffman Representative — District 12 House Wing 1700 W. Washington Phoenix, Arizona 85007 RE: Senate Bill 1161 Dear Representative Huffman: Duringthe Oro Valley Town Council meeting held last evening, the Mayor and Council unanimously approved Resolution No. (R)01-15, setting forth the Town's support of Senate Bill 1161 currently pending in the 45th Legislature. Enclosed is a copy of this resolution and please provide your support of this pending Senate Bill that if approved, would provide authority for municipalities to assess impact fees for the benefit of local school districts. Copies of this resolution have been sent to our District 12 Representatives and The League of Arizona Cities & Towns. Sincerely, Paul H. Loomis, Mayor Town of Oro Valley, Arizona C4-6-lbatice.)‹e" 8. PUBLIC SERVICES AND FACILITIES ELEMENT Policy I-1 b: Growing Smarter The City shall coordinate the preliminary location of public facilities requires joint with the preparation of conceptual land use plans prepared by the planning efforts Arizona State Land Department. between the City and ASLD. Policy I-1c: The City shall coordinate the preliminary location of public facilities with the new owners (i.e. private, state) of future lands transferred from the Bureau of Land Management and Bureau of Reclamatin. Policy I-1 d: See Objective F- The City shall monitor thepotential development of an Adequate Public l p q 4 and Policies A- Faci l ities Ordinance (AFPO) by Maricopa County. 1 b and B-2b. GOAL J: PUBLIC EDUCATION ENTITIES TO ADEQUATELY FUND AND OPERATE A HIGH QUALITY EDUCATION SYSTEM THAT PROVIDES ADVANCED LEARNING OPPORTUNITIES. Objective J-1: Actively coordinate with local unified: school districts, charter schools and private entities on the planning nd'construction of new and rehabilitated schools in concert With redevelopment, revitalization and development activitiep. S , r sr 'r3:<r•.`ir .fix. { f'rrS,ct.•3Sr inky fi� Policy J 1 a• r } v 5? rf{}i:y iii#fY 4 t mac.•. r.4x The City shall continue to fester open lines of communication with the See Policy A-3i. respective school districts through the exchange of annual reports and g g p mutual review of development proposals. Policy J-1 b: The City shall request that developers of residential projects meet with See PolicyA- 3i. the respective school district and that the district provide the City with projected enrollment and timing impacts such that this information can be included in Planning Commission and City Council staff reports. Policy J-1 c: See Policy A-3i. The City shall prepare and adopt allowances guidelines for the dedication of future school sites that meet district criteria and timing issues. PEORIA GENERAL PLAN PEORIA,ARIZONA 8-5 i i 18 TOWN OF ORO VALLEY STAFF REPORT TO TOWN COUNCIL MEETING DATE: March 3, 2004 TO: HONORABLE MAYOR AND COUNCIL FROM: David Ronquillo, Planner I SUBJECT: OV12-02-11, CENTRES INC, REPRESENTING ECKERD'S DRUG STORE, REQUESTS APPROVAL OF A MASTER DEVELOPMENT PLAN FOR A COMMERCIAL CENTER AND SPECIFIC DEVELOPMENT PLAN FOR THE ECKERD'S DRUG STORE; LOCATED ON THE NORTHEAST CORNER OF ORACLE ROAD AND HARDY ROAD, PARCEL #22512065A PROJECT UPDATE: At the regular meeting of December 17, 2003, the Town Council voted unanimously to recommend continuance of this project until the February 4, 2004 meeting to give the Board of Adjustment time to hear an appeal of the Planning & Zoning Administrator's interpretation/decision regarding an application of the Oracle Road Scenic Corridor Overlay District (ORSCOD) to the project. The Board of Adjustment upheld the Planning & Zoning Administrators interpretation on January 27, 2004. That decision allows the plan to go forward as presented. At the regular meeting of February 4, 2004, the Town Council voted to continue the proposed project until March 3rd at the applicant's request. NEW INFORMATION: This report provides new information since the December 17, 2003 report (attached). East Bufferyard Centres Inc. has submitted a revised drainage and landscape design for the east side bufferyard, which abuts the Shadow Mountain Estates subdivision. The applicant has sent out the revised design to the surrounding property owners for comments. To date, no comments regarding the revised design have been received by Staff. The previous bufferyard design submitted did not achieve the DRB's condition of approval nor did it address the neighbor concerns. The new bufferyard design meets the DRB condition of approval by providing the following; • A narrow meandering drainage swale with rip rap rock native in color along the entire length of the bufferyard. • Adequate vegetation (trees and shrubs) adjacent to the swale to the greatest extent possible with large pockets of landscaping. • Boulders and stones have been placed within the buffer. This is an acceptable design and there are other viable options, which the applicant may utilize to achieve maximum screening and eliminate the visibility of the rip rap along the bufferyard. The options are specified in the December 17th Staff report to Town Council. Application of ORSCOD to the Site The subjects of the appeal to the Board of Adjustment were as follows: F:\OV\OV 12\2002\OV 12-02-11\reports\DPTCrpt.3-3-04.continued.doc TOWN OF ORO VALLEY STAFF REPORT TO TOWN COUNCIL Pape 2 Interpretation. The basic interpretation was that the drugstore, the largest building on the site, is the principal structure and not a free-standing pad. Decision. The rear buildings are not regulated by the ORSCOD because they do not front on, nor are they directly accessible from, Oracle Road. Recommendation. The northwest restaurant was allowed to be a separate pad through the use of Section 10- 401.C., Special Recommendations, which allows the Planning and Zoning Administrator to recommend standards to assure compliance with the Oracle Road Scenic Corridor Specific Plan Goals and Objectives. This recommendation allowed the separation of the restaurant from the other buildings in order for the development to respond to the topography, to break up the building mass, and to allow an access drive to the next parcel to the north, thus limiting access points onto Oracle Road. The Board of Adjustment upheld the above application of the ORSCOD to the site. RECOMMENDATION: It is recommended that the Town Council approve the Master Development Plan and Specific Development Plan for this project with the conditions listed in the attached Exhibit"A". SUGGESTED MOTIONS: The Town Council may wish to consider one of the following motions: I move to approve OV 12-02-11, Master Development Plan and Specific Development Plan, effective on the satisfaction of the conditions listed in Exhibit "A" attached herewith. OR I move to approve OV12-02-11, Master Development Plan and Specific Development Plan, effective on the satisfaction of the conditions listed in Exhibit "A" and the following added conditions: OR I move to deny OV 12-02-11, Master Development Plan and Specific Development Plan, finding that: Attachments: 1. Exhibit A - Conditions of Approval 2. Exhibit B - East Side Bufferyard/Landscape Plan 3. Exhibit C —Landscape Cross Section of Bufferyard 4. Master Development Plan A CL'I /DYEL 5. Town Council report dated December 17, 2003 m Pl aim n,; ,nd Zonin dmini strator cc: Tyler Watson, Fax: 480-759-4872 ''(L Keri Silvyn, (520) 879-4721 C• 1 ity Develop nt Director 1 Town Manager F:\ov\ovinoo2\ov 12-02-11\reports\DPTCrpt.3-3-04.continued.doc EXHIBIT "A" OV12-02-11 MASTER DEVELOPMENT PLAN 1 . All PAAL cross slopes shall comply with the Town of Oro Valley's Subdivision Street Standards; section 4.11 (maximum of 4% cross slope for drainage). 2. All ADA parking shall comply with ADA standards. 3. All parking space dimensions, scaled and noted in plan view shall match the referenced detail on sheet SD4 for typical and ADA compliant parking. 4. Provide a detail for the hydraulic design at the confluence of Off CP1 and Off CP2 on the development plan. 5. Provide Pre development Q values for each on-site drainage course for which the 100 year frequency flood (Q100) equals or exceeds 50 cfs at the point of entering or leaving the site on Exhibit B. 6. Provide an addendum from the Geotechnical Engineer of Record that will allow the fill slope to be constructed greater than 3:1 (H:V) as shown in detail 6/SD4. 7. Provide an addendum from the Geotechnical Engineer of Record that will allow the cut slope to be greater than 2.5:1 (H:V) at the highpoint of the northeast corner of the site, directly west of the east buffer site wall. 3. A type 2 Grading permit will not be issued for the site until arrangements acceptable to the Town and the Golder Ranch Fire District have been made to: • Ensure fire protection and dust control during construction; and • Provide sufficient fire flow upon issuance of a temporary certificate of occupancy. F:\OV\OV 12\2002\OV 12-02-11\reports\DPTCrpt.3-3-04.continued.doc ..tringt,n, , j.!.,IA, g f11,71 • ‘,k I.W.....*.7A"' l emelbium :'i.ii.o-s '• - ,,,,,,i . t s ,• ....," , „.."-1,29.1Meram.t?..mlikiliug....x.x.v..,.....T.., e). ......\ ,,,' \/ 'iqa i.'•tit Alb . ! C. 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IWwl riYs. rb DRUGSTORE #22847 6, 6, , lc .: !fit tAN I aiE I ?k7g5-4 ,... i . ,,.. t ir ti •-g : A • i I Cy] 2 I 4 A --A NEC of ORACLE HIGHWAY and HARDY ROAD ' i 1 ORO VALLEY,AZ I ,a, , k A TOWN OF ORO VALLEY STAFF REPORT TO TOWN COUNCIL MEETING DATE: December 17,2003 TO: HONORABLE MAYOR AND COUNCIL FROM: David Ronquillo,Planner I SUBJECT: OV12-02-11, CENTRES INC, REPRESENTING ECKERD'S DRUG STORE, REQUESTS APPROVAL OF A MASTER DEVELOPMENT PLAN FOR A COMMERCIAL CENTER AND SPECIFIC DEVELOPMENT PLAN FOR THE ECKERD'S DRUG STORE; LOCATED ON THE NORTHEAST CORNER OF ORACLE ROAD AND HARDY ROAD, PARCEL #22512065A BACKGROUND: The subject property consists of 8.85 acres and the zoning is C-1 Commercial. Currently, the site is vacant and undeveloped. The property slopes from the northeast corner to the southwest corner approximately 40' and due to the topographical constraints,the property has been very difficult to develop in the past. Recently, a conditional use permit was approved by Town Council for the Eckerd's Drug Store double drive- through window. The drive-through is defined in the OVZCR as a convenience use; therefore, a use permit was required to assure land use compatibility. The proposed uses are permitted on this site. ►SUMMARY: The site has been designed in a stair-stepped method, where three main areas of the property vary in elevation. The Eckerd's Drug Store is situated on the lowest part of the site, approximately 2,648 elevation. The restaurant on the northwest corner and parking area directly south are slightly higher in elevation, approximately 2,656 elevation. The remaining restaurants, office/retail uses and parking area along the east side of the property are on the highest portion of the site, which vary from 2,661-2,671 elevation. There is also an 8' difference in elevation between the adjacent residential homes and the eastern portion of the development. Master Development Plan The proposed Master Development plan will consist of the following; Phase 1 • Eckerd's Drug Store (13,813 sf.) • Two access drives (Oracle Road and Hardy Road) • First phase of parking • Grading for Phase 1 only • Sidewalks for the entire length of Oracle Road and Hardy Road and a bus stop pullout bay Phase 2 • Restaurant, adjacent to Oracle Road(6,975 sf.) • Restaurants(17,525 sf.) and Retail/Office(6,000 sf.) on the east side of the property • Second phase of parking/plaza area • Grading for the remainder of the site F:\ov\ovinoo2\ov12-02-11\reports\DPTCrpt.12-17-03.doc TOWN OF ORO VALLEY TAFF REPORT TO TOWN COUNCIL Page 2 Specific Development Plan The specific development plan consists of the Eckerd's Drug Store,which is located on the southwest corner of the property. The drug store will be built as part of phase one and will provide general retail sales, a pharmacy and a drive-through window(positioned on the north side of the building). Surrounding Land Uses North: C-1, Commercial,Undeveloped. South: C-1, Commercial, Circle K Store &R-6, Multi Family Residential, Existing Apartments. West: R-6, Multi Family Residential, Existing Apartments. East: R1-36, Single Family Residential, Shadow Mountain Estates. OVZCR The project provides parking, access/circulation, loading area, and landscaping within the site that satisfy the requirements of the OVZCR. The project, as proposed by the applicant, also meets all bufferyard requirements including the east bufferyard"B",which could be a minimum of 15 feet wide per code. East Bufferyard The primary remaining issue with this project involves the design of the bufferyard wall, landscaping and ainage design along the eastern property line. Because of the way the swale is designed in this area (not allowing adequate area for vegetation) this issue has been a significant concern of the residents. As depicted on the plan, the proposed bufferyard design (See Sheet 2 of the Development Plan and Exhibit 1: East Property Bufferyard) integrates a 20' landscaped/drainage area directly adjacent to the eastern property of the bufferyard. The drainage swale meanders from the northeast corner to the southeast corner of the site, increasing in width through this distance. The problems with the proposed design include: • There is vegetation within the floodline banks, which is not acceptable to the Engineering Department due to its affect on flows. • There are only limited opportunities to provide landscaping outside the swale as it increases in width; to the south. • It does not satisfy the resident concerns for more screening. • The drainage swale design does not meet the intent of the DRB condition of approval, which specifies, "the buffer yard along the eastern edge of the property must be revised to exclude vegetation within the floodline of the drainage channel. The channels shall be meandered to the greatest extent feasible". Staff's Proposal. The northern portion of the proposed bufferyard design meets the intent of the condition specified by the Development Review Board and the resident concerns. Staff recommends continuation of the narrow-width, meandering swale, as in the northern portion, along the entire length of the property line (See Exhibit 2). Utilizing this design, larger pockets of vegetation at alternating points provide a denser vegetative :een. Because the drainage swale will be narrowed, the depth will need to increase and rip rap will need to be installed in the southern portions. The rip rap must be a natural earth tone color to blend in with the existing F:\OV\OV 12\2002\OV 12-02-11\reports\DPTCrpt.12-17-03.doc • TOWN OF ORO VALLEY STAFF REPORT TO TOWN COUNCIL Page 3 vegetation. This design would comply with the DRB condition of approval and satisfy the resident concerns. Condition#9 has been added to Exhibit"A"for this to be achieved. This is the recommended option. Other Options. Staff met with the applicant on multiple occasions to discuss other options. The following options are acceptable to staff and are provided for your information: 1. A narrow, five-foot, V-Ditch swale could be installed along the east portion of the bufferyard screen wall, allowing the remaining (approximately 15') east portion of the bufferyard to be utilized for vegetation. 2. A retaining wall west of the site wall could be installed, allowing the area between the retaining wall and the screen wall to be utilized for the drainage swale. The remaining portion of the bufferyard (east side of wall, approximately 20') could incorporate a dense vegetation screen. 3. A drainage pipe could be placed along the east portion of the screen wall with piping to allow drainage to flow down into the parking area. The area east of the drainage pipe could be utilized for dense vegetation(approximately 15'). Drainage The existing on-site drainage patterns (east to west) will be maintained. Onsite drainage will be conveyed by a combination of underground detention facilities, inverted crown PAALs and a constructed channel to existing drainage facilities along Oracle Road. Underground detention systems are provided to limit the post developed lows to the pre-developed rate and also serve as the first flush basins. Grading A Type 2 Grading Permit will be required to construct the building pads, drainage structures, utilities, parking lot, and any walls necessary for grading on the development site. A floodplain use permit will also be required. Trac Access to the site will be from Oracle and Hardy Roads. The area highway network will be modified to incorporate the traffic generated from this development. The east side of Oracle Road will be provided a continuous right turn lane with a right-in, right-out driveway. A second right-in right-out access is proposed, however, a variance is required before it can be approved. The intersection's southbound left turn lane on Oracle Road will be lengthened to provide 250' of storage. On Hardy Road, a two way left turn lane will be constructed to provide left turn movements for driveways on both sides of the street. DEVELOPMENT REVIEW BOARD ACTION: At their regular meeting of November 12, 2003, the Development Review Board (DRB) recommended conditional approval of the development plan for this project. At this meeting, the only significant issue with the development plan involved the wall and landscaping along the eastern property line. As previously explained, this has been a concern to the adjacent residents (to the east) since the early stages of the development process and, after various neighborhood meetings, it has yet to be resolved. In an attempt to .solve this issue prior to Town Council review of the project, the DRB directed staff to facilitate a neighborhood meeting with the applicant and residents (See Public Comment Section for more details). To date, the majority of the other DRB conditions have been addressed. The remaining conditions, as shown in F:\ov\ovinoo2\ov 12-02-11\reports\DPTCrpt.1 2-1 7-03.doc TOWN OF ORO VALLEY FAFF REPORT TO TOWN COUNCIL Page 4 Exhibit A,will be completed prior to final staff certification of the development plan or at the improvement plan stage. PUBLIC NOTIFICATION AND COMMENT: The Development Plan has been notified in accordance with the public notification requirements. There have been various neighborhood meetings to date and the following is a summary of each. • A neighborhood meeting was held on May 27, 2003 to inform the adjacent residents of the proposed development and to address any concerns. At this meeting, the respondents were not in opposition to the proposed development; however, they had concerns with various issues such as lighting, screening,mechanical equipment of buildings and traffic impacts. The applicant submitted a follow up letter highlighting the major issues of concern(attached). • A second neighborhood meeting was held on October 6, 2003 to further address certain issues. Overall, all the remaining resident concerns were resolved with the exception of the following two issues; 1. Lighting — The residents requested for the height of the lights within 130' of the property line to be lowered to 10' located. The developer agreed to lower the height of the lights along the parking area on the east side of the property. A general note was added on the development plan. 2. Screening — The residents requested for the wall and landscaping along the east bufferyard to be increased with additional landscaping. The developer has agreed to increase the bufferyard area approximately S' and provide additional landscaping. A general note was added on the development plan. • A third neighborhood meeting was held on November 24, 2003 to further address the wall and landscaping along the eastern property line. Among other concerns, this issue was the primary focus of the meeting but in the end, a consensus was not achieved. Based on the DRB direction and the resident discussions from this meeting, the applicant submitted a revised plan, however, only partially complied with the DRB condition regarding the bufferyard. GENERAL PLAN COMPLIANCE: Staff has reviewed this request for compliance with regard to the General Plan Design Policy Elements. In particular, Policy 1.1E applies, which states, "view protection shall be an essential aspect of Oro Valley's community design review and project approval." Overall, the development has assured compliance of this policy by achieving the following; • All the proposed buildings will be single story • The project will be designed in a stair stepped design, where three main areas of the property will vary in elevation. • A viewshed analysis was submitted that assures the preservation of views from Oracle Road and the adjacent residential homes. • A 100' natural buffer has been maintained along Oracle Road. • Once an adequate landscape wall and bufferyard are established on the east side of the property, the development will comply with this policy. F:\ov\ovi2\2002\0V12-02-11\reports\DPTCrpt.12-17-03.doc • TOWN OF ORO VALLEY LAFF REPORT TO TOWN COUNCIL Page 5 PRESENTATION REQUIREMENTS: As established in Resolution No. (R) 98-31, "all presentations before Boards, Commissions, and Council"must be formatted to be shown on the Town's projection system or overhead system. A presentation must be designed to insure that the audience, staff, and the voting body can view the graphics. Examples of acceptable computer formats are PowerPoint,ArcView,videotape of presentation boards, and/or overhead transparences. The applicant is responsible for the development, presentation, and coordination of all presentation materials. If an applicant does not conform to the aforementioned resolution,the item may be continued due to non-compliance. RECOMMENDATION: It is recommended that the Town Council approve the Master Development Plan and Specific Development Plan for this project with the conditions listed in Exhibit A. SUGGESTED MOTIONS: The Town Council may wish to consider one of the following motions: I move to approve OV 12-02-11, Master Development Plan and Specific Development Plan, with the conditions sted in Exhibit "A" attached herewith. OR I move to approve 0V12-02-11, Master Development Plan and Specific Development Plan, with the conditions listed in Exhibit "A" and the following added conditions: OR I move to deny 0V12-02-11, Master Development Plan and Specific Development Plan, finding that: F:\ov\ovi2\2002\0V12-02-11\reports\DPTCrpt.12-17-03.doc TOWN OF ORO VALLEY STAFF REPORT TO TOWN COUNCIL MEETING DATE: December 17,2003 TO: HONORABLE MAYOR AND COUNCIL FROM: David Ronquillo,Planner I SUBJECT: OV12-02-11, CENTRES INC, REPRESENTING ECKERD'S DRUG STORE, REQUESTS APPROVAL OF A MASTER DEVELOPMENT PLAN FOR A COMMERCIAL CENTER AND SPECIFIC DEVELOPMENT PLAN FOR THE ECKERD'S DRUG STORE; LOCATED ON THE NORTHEAST CORNER OF ORACLE ROAD AND HARDY ROAD, PARCEL #22512065A BACKGROUND: The subject property consists of 8.85 acres and the zoning is C-1 Commercial. Currently, the site is vacant and undeveloped. The property slopes from the northeast corner to the southwest corner approximately 40' and due to the topographical constraints, the property has been very difficult to develop in the past. Recently, a conditional use permit was approved by Town Council for the Eckerd's Drug Store double drive- through window. The drive-through is defined in the OVZCR as a convenience use; therefore, a use permit was required to assure land use compatibility. The proposed uses are permitted on this site. 6UMMARY: The site has been designed in a stair-stepped method, where three main areas of the property vary in elevation. The Eckerd's Drug Store is situated on the lowest part of the site, approximately 2,648 elevation. The restaurant on the northwest corner and parking area directly south are slightly higher in elevation, approximately 2,656 elevation. The remaining restaurants, office/retail uses and parking area along the east side of the property are on the highest portion of the site, which vary from 2,661-2,671 elevation. There is also an 8' difference in elevation between the adjacent residential homes and the eastern portion of the development. Master Development Plan The proposed Master Development plan will consist of the following; Phase 1 • Eckerd's Drug Store (13,813 sf.) • Two access drives (Oracle Road and Hardy Road) • First phase of parking • Grading for Phase 1 only • Sidewalks for the entire length of Oracle Road and Hardy Road and a bus stop pullout bay Phase 2 • Restaurant, adjacent to Oracle Road(6,975 sf.) • Restaurants (17,525 sf.) and Retail/Office(6,000 sf.)on the east side of the property • Second phase of parking/plaza area • Grading for the remainder of the site F:\OV\OV 12\2002\OV 12-02-11\reports\DPTCrpt.1 2-1 7-03.doc TOWN OF ORO VALLEY TAFF REPORT TO TOWN COUNCIL Page 2 Specific Development Plan The specific development plan consists of the Eckerd's Drug Store,which is located on the southwest corner of the property. The drug store will be built as part of phase one and will provide general retail sales, a pharmacy and a drive-through window(positioned on the north side of the building). Surrounding Land Uses North: C-1, Commercial,Undeveloped. South: C-1, Commercial, Circle K Store &R-6, Multi Family Residential, Existing Apartments. West: R-6, Multi Family Residential, Existing Apartments. East: R1-36, Single Family Residential, Shadow Mountain Estates. OVZCR The project provides parking, access/circulation, loading area, and landscaping within the site that satisfy the requirements of the OVZCR. The project, as proposed by the applicant, also meets all bufferyard requirements including the east bufferyard"B", which could be a minimum of 15 feet wide per code. East Bufferyard The primary remaining issue with this project involves the design of the bufferyard wall, landscaping and _fainage design along the eastern property line. Because of the way the swale is designed in this area (not allowing adequate area for vegetation) this issue has been a significant concern of the residents. As depicted on the plan, the proposed bufferyard design (See Sheet 2 of the Development Plan and Exhibit 1: East Property Bufferyard) integrates a 20' landscaped/drainage area directly adjacent to the eastern property of the bufferyard. The drainage swale meanders from the northeast corner to the southeast corner of the site, increasing in width through this distance. The problems with the proposed design include: • There is vegetation within the floodline banks, which is not acceptable to the Engineering Department due to its affect on flows. • There are only limited opportunities to provide landscaping outside the swale as it increases in width; to the south. • It does not satisfy the resident concerns for more screening. • The drainage swale design does not meet the intent of the DRB condition of approval, which specifies, "the buffer yard along the eastern edge of the property must be revised to exclude vegetation within the floodline of the drainage channel. The channels shall be meandered to the greatest extent feasible". Staff's Proposal. The northern portion of the proposed bufferyard design meets the intent of the condition specified by the Development Review Board and the resident concerns. Staff recommends continuation of the narrow-width, meandering swale, as in the northern portion, along the entire length of the property line (See Exhibit 2). Utilizing this design, larger pockets of vegetation at alternating points provide a denser vegetative reen. Because the drainage swale will be narrowed, the depth will need to increase and rip rap will need to be installed in the southern portions. The rip rap must be a natural earth tone color to blend in with the existing F:\OV\OV 12\2002\OV 12-02-11\reports\DPTCrpt.1 2-1 7-03.doc TOWN OF ORO VALLEY ;TAFF REPORT TO TOWN COUNCIL Page 3 vegetation. This design would comply with the DRB condition of approval and satisfy the resident concerns. Condition#9 has been added to Exhibit"A"for this to be achieved. This is the recommended option. Other Options. Staff met with the applicant on multiple occasions to discuss other options. The following options are acceptable to staff and are provided for your information: 1. A narrow, five-foot, V-Ditch swale could be installed along the east portion of the bufferyard screen wall, allowing the remaining (approximately 15') east portion of the bufferyard to be utilized for vegetation. 2. A retaining wall west of the site wall could be installed, allowing the area between the retaining wall and the screen wall to be utilized for the drainage swale. The remaining portion of the bufferyard (east side of wall, approximately 20')could incorporate a dense vegetation screen. 3. A drainage pipe could be placed along the east portion of the screen wall with piping to allow drainage to flow down into the parking area. The area east of the drainage pipe could be utilized for dense vegetation (approximately 15'). Drainage The existing on-site drainage patterns (east to west)will be maintained. Onsite drainage will be conveyed by a combination of underground detention facilities, inverted crown PAALs and a constructed channel to existing drainage facilities along Oracle Road. Underground detention systems are provided to limit the post developed lows to the pre-developed rate and also serve as the first flush basins. Grading A Type 2 Grading Permit will be required to construct the building pads, drainage structures, utilities, parking lot, and any walls necessary for grading on the development site. A floodplain use permit will also be required. Trac Access to the site will be from Oracle and Hardy Roads. The area highway network will be modified to incorporate the traffic generated from this development. The east side of Oracle Road will be provided a continuous right turn lane with a right-in, right-out driveway. A second right-in right-out access is proposed, however, a variance is required before it can be approved. The intersection's southbound left turn lane on Oracle Road will be lengthened to provide 250' of storage. On Hardy Road, a two way left turn lane will be constructed to provide left turn movements for driveways on both sides of the street. DEVELOPMENT REVIEW BOARD ACTION: At their regular meeting of November 12, 2003, the Development Review Board (DRB) recommended conditional approval of the development plan for this project. At this meeting, the only significant issue with the development plan involved the wall and landscaping along the eastern property line. As previously explained, this has been a concern to the adjacent residents (to the east) since the early stages of the development process and, after various neighborhood meetings, it has yet to be resolved. In an attempt to solve this issue prior to Town Council review of the project, the DRB directed staff to facilitate a neighborhood meeting with the applicant and residents (See Public Comment Section for more details). To date, the majority of the other DRB conditions have been addressed. The remaining conditions, as shown in F:\ov\ovi2\2002\0V12-02-11\reports\DPTCrpt.12-17-03.doc TOWN OF ORO VALLEY TAFF REPORT TO TOWN COUNCIL Pate 4 Exhibit A,will be completed prior to final staff certification of the development plan or at the improvement plan stage. PUBLIC NOTIFICATION AND COMMENT: The Development Plan has been notified in accordance with the public notification requirements. There have been various neighborhood meetings to date and the following is a summary of each. • A neighborhood meeting was held on May 27, 2003 to inform the adjacent residents of the proposed development and to address any concerns. At this meeting, the respondents were not in opposition to the proposed development; however, they had concerns with various issues such as lighting, screening,mechanical equipment of buildings and traffic impacts. The applicant submitted a follow up letter highlighting the major issues of concern(attached). • A second neighborhood meeting was held on October 6, 2003 to further address certain issues. Overall, all the remaining resident concerns were resolved with the exception of the following two issues; 1. Lighting — The residents requested for the height of the lights within 130' of the property line to be lowered to 10' located. The developer agreed to lower the height of the lights along the parking area on the east side of the property. A general note was added on the development plan. 2. Screening — The residents requested for the wall and landscaping along the east bufferyard to be increased with additional landscaping. The developer has agreed to increase the bufferyard area approximately S' and provide additional landscaping. A general note was added on the development plan. • A third neighborhood meeting was held on November 24, 2003 to further address the wall and landscaping along the eastern property line. Among other concerns, this issue was the primary focus of the meeting but in the end, a consensus was not achieved. Based on the DRB direction and the resident discussions from this meeting, the applicant submitted a revised plan, however, only partially complied with the DRB condition regarding the bufferyard. GENERAL PLAN COMPLIANCE: Staff has reviewed this request for compliance with regard to the General Plan Design Policy Elements. In particular, Policy 1.1E applies, which states, "view protection shall be an essential aspect of Oro Valley's community design review and project approval." Overall, the development has assured compliance of this policy by achieving the following; • All the proposed buildings will be single story • The project will be designed in a stair stepped design, where three main areas of the property will vary in elevation. • A viewshed analysis was submitted that assures the preservation of views from Oracle Road and the adjacent residential homes. • A 100' natural buffer has been maintained along Oracle Road. • Once an adequate landscape wall and bufferyard are established on the east side of the property, the development will comply with this policy. F:\ov\ov12\2002\0V12-02-11\reports\DPTCrpt.12-17-03.doc i r TOWN OF ORO VALLEY TAFF REPORT TO TOWN COUNCIL Page 5 PRESENTATION REQUIREMENTS: As established in Resolution No. (R) 98-31, "all presentations before Boards, Commissions, and Council"must be formatted to be shown on the Town's projection system or overhead system. A presentation must be designed to insure that the audience, staff, and the voting body can view the graphics. Examples of acceptable computer formats are PowerPoint,ArcView,videotape of presentation boards, and/or overhead transparences. The applicant is responsible for the development, presentation, and coordination of all presentation materials. If an applicant does not conform to the aforementioned resolution, the item may be continued due to non-compliance. RECOMMENDATION: It is recommended that the Town Council approve the Master Development Plan and Specific Development Plan for this project with the conditions listed in Exhibit A. SUGGESTED MOTIONS: The Town Council may wish to consider one of the following motions: I move to approve OV 12-02-11, Master Development Plan and Specific Development Plan, with the conditions sted in Exhibit "A" attached herewith. OR I move to approve OV 12-02-11, Master Development Plan and Specific Development Plan, with the conditions listed in Exhibit "A" and the following added conditions: . OR I move to deny OV 12-02-11, Master Development Plan and Specific Development Plan, finding that: . F:\ov\ovi2\2002\0V12-02-11\reports\DPTCrpt.12-17-03.doc e--b•-/-.6a-Or-z.) (240 ' rc - 3-3-C:35( 8. PUBLIC SERVICES AND FACILITIES ELEMENT Policy 1-1 b: Growing Smarter The City shall coordinate the preliminary location of public facilities requires j oint with the preparation of conceptual land use plans prepared by the planning efforts Arizona State Land Department. between the City and ASLD. Policy I-1 c: The City shall coordinate the preliminary location of public facilities with the new owners (i.e. private, state) of future lands transferred from the Bureau of Land Management and Bureau of Reclamatin. Policy 1-1d: The City shall monitor the otential of an u li See Objective F- P p developmentAdequateb e 4 and Policies A- Faci l ities Ordinance (AFPO) by Maricopa County. 1 b and B-2b. GOAL J: PUBLIC EDUCATION ENTITIES TO ADEQUATELY FUND AND OPERATE A HIGH QUALITY EDUCATION SYSTEM THAT PROVIDES ADVANCED LEARNING OPPORTUNITIES. :sr Objective J-1• Actively coordinate with local unified }school districts, charter schools and priv4te entities on the plannktig and construction of new and rehabilitated schools in concert With redevelopment, revitalization and dev t . i +t, ,.i{.laikts +� gin. •, ct�v� Policy • The City shall continue to foster}' .e o n lines of communication with the �:::..... See Policy A-3i. respective school districts through the exchange of annual reports and mutual review of development proposals. Policy J-1 b: The City shall request that developers of residential projects meet with See Policy A-3i. the respective school district and that the district provide the City with projected enrollment and timing impacts such that this information can be included in Planning Commission and City Council staff reports. Policy Mc: See PolicyA-3i. p The City shall prepare and adopt allowances guidelines for the dedication of future school sites that meet district criteria and timing issues. PEORIA GENERAL PLAN '`crito PEORIA ARIZONA 8-5