HomeMy WebLinkAboutPackets - Council Packets (1252) AGENDA
ORO VALLEY TOWN COUNCIL
SPECIAL SESSION
SEPTEMBER 15, 2003
ORO VALLEY COUNCIL CHAMBERS
11,000 N. LA CANADA DRIVE
SPECIAL SESSION AT OR AFTER 4:30 PM
CALL TO ORDER
ROLL CALL
1. EXECUTIVE SESSION AT OR AFTER 4:30 PM
Pursuant to ARS Section 38-431.03(A)(3), an executive session is to be
held for discussion and consultation with attorneys for the Town pertaining
to the protests and objections filed in connection with the Oracle Road
Improvement District
5:00 p.m. RECONVENE INTO PUBLIC SESSION
2. ORACLE ROAD IMPROVEMENT DISTRICT; CONDUCT HEARINGS ON
OBJECTIONS TO THE EXTENT OF THE ASSESSMENT DISTRICT AND
ON THE SUFFICIENCY OF PROTESTS AGAINST THE IMPROVEMENT
DESCRIBED IN RESOLUTION NO. (R)03-65 (THE "IMPROVEMENT")
A. Conduct Public Hearing on Objections to the extent of the
Assessment District and Rule on Each Objection
B. Conduct Public Hearing on the sufficiency of protests against
the improvement and rule on the sufficiency of such protests
3. If the Protests are ruled insufficient and all Objections are overruled:
CONSIDER AND ADOPT RESOLUTION NO. (R)03-78 ORDERING THE
IMPROVEMENT DONE AS DESCRIBED IN RESOLUTION OF
INTENTION NO. 03-65; AND DECLARING AN EMERGENCY
ADJOURNMENT
POSTED: 09/10/03
4:30 p.m.
Ih
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.
3
TOWN OF ORO VALLEY
COUNCIL COMMUNICATION MEETING DATE: September 15, 2003
TO: HONORABLE MAYOR & COUNCIL
FROM: Kathryn Cuvelier, Town Clerk
SUBJECT: RESOLUTION NO. (R)03-78 ORDERING THE IMPROVEMENT DONE AS
DESCRIBED IN RESOLUTION OF INTENTION NO. 03-65; AND DECLARING AN
EMERGENCY
SUMMARY:
Attached is Resolution No. (R)03-78 ordering the Improvement done for the Town of Oro Valley, Arizona,
Oracle Road Improvement District as described in Resolution of Intention No. (R)03-65 adopted by the Mayor
and Council on July 11, 2003.
ATTACHMENTS:
1. Resolution No. (R)03-78
2. Exhibit A to Resolution No. (R)03-78 - Notice to Contractors
SUGGESTED MOTION:
I MOVE to adopt Resolution No. (R)03-78, ordering the Improvement done as described in Resolution of
Intention No. 03-65; and declaring an emergency.
r •
Town lerk
-/ � _..� moi►/ i` �
Town Tanag er gr
RESOLUTION NO. 03- 78
RESOLUTION ORDERING THE IMPROVEMENT DONE AS
DESCRIBED IN RESOLUTION OF INTENTION NO. 03-65; AND
DECLARING AN EMERGENCY.
WHEREAS, on July 11, 2003, the Mayor and Council of the Town of Oro
Valley, Arizona, passed and adopted Resolution No. 03-65 (the "Resolution of Intention"), which
Resolution of Intention established the following: declared the Council's intention to make the
improvements described in the Preliminary Plans and Specifications on file with the Clerk (the
"Work"); the costs and expenses of such Work to be known as "Town of Oro Valley, Arizona,
Oracle Road Improvement District" (the "District"); determined that improvement bonds shall be
issued to represent the costs and expenses thereof; declared the Work to be of more than local or
ordinary public benefit, and that the costs and expenses thereof shall be assessed upon the parcels
and lots within the District; provided that the proposed Work shall be performed under the
provisions of Title 48, Chapter 4, Article 2, Arizona Revised Statutes, and all amendments
thereto; such Work, the District to be assessed and the improvement bonds to be issued were
more fully described in the Resolution of Intention to which reference is hereby made for such
description; and
WHEREAS, a copy of said Resolution of Intention has been published five times
in the The Territorial, a daily newspaper of general circulation in the Town of Oro Valley; and
WHEREAS, the Superintendent of Streets of the Town of Oro Valley caused the
District Engineer to post along the line of said proposed work or improvement on the streets,
alleys and rights-of-way to be improved at not more than three hundred (300) feet apart, notices
of the passage of said Resolution of Intention, said notices being headed "Notice of Proposed
Improvement" such heading in letters at least one (1) inch in height; said notices stated the fact
of the passage of said Resolution of Intention and briefly described the proposed improvement;
and
WHEREAS, more than fifteen (15) days have elapsed since the date of the last
publication of said Resolution of Intention, and since the completion of the posting of said
notices of the proposed improvement; and
WHEREAS, protests against the proposed Work and objections to the extent of
the District described in the Resolution of Intention were filed with the Clerk during the time
prescribed by law; and
WHEREAS, this Council set the date for hearing said protests and objections to
the extent of the District for September 15, 2003; and
WHEREAS, the Clerk caused notice of said hearing to be mailed to each
protestant and each objector, as the case may be, at least ten (10) days prior to the hearing; and
-1-
S WR:par 498698.2 09/04/03
WHEREAS, the Clerk caused notice of said hearing to be published twice in The
Territorial; and
WHEREAS, this Mayor and Council have heard the arguments presented with
respect to each protest and objection; and
WHEREAS, it is found that those persons protesting said improvement constitute
the owners of 49.18% of the frontage of property contained within the limits of the assessment
district will be subject to assessment; and
WHEREAS, the owners so protesting do not constitute the owners of a majority
of the frontage of property fronting on streets or parts of streets contained within the limits of the
assessment district described in the Resolution of Intention; and
WHEREAS, such protests are therefore insufficient to bar the Work; and
WHEREAS, the Council has heard each and every objection to the extent of the
Assessment District; and
WHEREAS, said Council finds and determines that objections to the said District
are without merit and are hereby denied; and
WHEREAS, having found the protests to be insufficient and having denied all
the objections to the extent of the District, the Council hereby finds and determines that it has
jurisdiction to order the Work as described in the Resolution of Intention; and
WHEREAS, the Council having thereby acquired jurisdiction to order the Work
and to acquire the property necessary therefor;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND
COUNCIL OF THE TOWN OF ORO VALLEY,ARIZONA, as follows:
Section 1. Ordering the Completion of the Final Plans and Ordering
Improvement. The Superintendent of Streets has caused the preparation of preliminary Plans and
Specifications. The Superintendent of Streets is hereby ordered to cause the completion of the
Plans and Specifications. Upon completion of the Plans and Specifications, the Superintendent
of Streets shall cause to be prepared and shall execute a notice of the passage of this resolution
and notice inviting sealed proposals for the construction of the Work in substantially the form
attached hereto as Exhibit A. The Superintendent of Streets is authorized and directed to
establish the date and time for such proposals to be received and to set forth such date in the
notice. Such notice shall be posted and published as provided by law.
By virtue of the authority vested in Title 48, Chapter 4, Article 2, Arizona
Revised Statutes, and all amendments thereto, the Mayor and Council of the Town of Oro
Valley, Arizona (the "Town"), hereby orders the Work done as described in the Resolution of
Intention relative to the Town's Oracle Road Improvement District, and in accordance with the
Final Plans and Specifications.
-2-
SWR:par 498698.2 09/04/03
Section 2. Emergency Clause. Whereas, it is necessary for the preservation of
the peace, health and safety of the Town, an emergency is declared to exist, and this resolution
shall be effective immediately upon its passage and adoption.
PASSED, ADOPTED AND APPROVED by the Mayor and Council of the
Town of Oro Valley, Arizona, on September 15, 2003.
Mayor
ATTEST:
Clerk
APPROVED:
gli•IIP
Special ounsel
CERTIFICATE
I hereby certify that the above and foregoing Resolution No. 03- was duly passed by the
Mayor and Council of the Town of Oro Valley, Arizona, at a regular meeting held on
September 15, 2003, and that a quorum was present thereat.
Clerk
Attachment - Exhibit "A" —Notice Inviting Proposals for Construction of the Work
-3-
S W R:par 498698.2 09/04/03
NOTICE TO CONTRACTORS
ADVERTISEMENT FOR PROPOSALS
NOTICE
OF THE PASSAGE OF THE RESOLUTION ORDERING THE IMPROVEMENT AND
INVITING SEALED PROPOSALS FOR MAKING THE IMPROVEMENT KNOWN AS
TOWN OF ORO VALLEY, ARIZONA, ORACLE ROAD IMPROVEMENT DISTRICT
This notice is given pursuant to the provisions of§§ 48-571 to 49-622, inclusive,
Arizona Revised Statutes, and amendments and supplements thereto.
On September 15, 2003, the Mayor and Council of the Town of Oro Valley,
Arizona, duly passed and adopted its Resolution No. 03- 78 ordering that the work described in
Resolution of Intention No. 03-65 be done, said resolution also directing this notice to be given.
THEREFORE, notice is hereby given that the Town of Oro Valley, Arizona, will
receive proposals for furnishing of all labor, material, transportation, services and equipment for
the improvement of certain streets within the Oracle Road Improvement District (the
"Improvement District"); each proposal to be made in accordance with the aforementioned
Resolution of Intention on file in the office of the Clerk of said Town; plans, specifications and
other proposal documents and contract documents are now on file with the Clerk and the
Superintendent of Streets, both offices being located at the Town Hall, 11000 N. LaCanada
Drive, Oro Valley, Arizona 85737, where they may be examined. A set of such documents may
be obtained from R S Engineering, Inc., 2445 N. Tucson Boulevard, Tucson, Arizona 85716,
telephone: 520.791.3933 (the "District Engineer"), upon a deposit of$ . This deposit will
not be refunded.
Bidders must be eligible to do said work under and in accordance with, and must
agree to conform to, the laws of the State of Arizona. The five percent (5%) preference pursuant
to Arizona Revised Statutes § 34-241 does not apply to this project.
Each proposal shall be sealed in an envelope addressed to the Town Clerk and
bear the following statement on the outside of the envelope: Proposal to Construct Town of Oro
Valley, Arizona, Oracle Road Improvement District.
Each proposal shall be made out in the form set forth in the Contract Documents
and all pages of said contract documents book must be submitted as part of the proposal and
shall be accompanied by a bid bond payable to the Town of Oro Valley, Arizona for not less than
ten percent (10%) of the amount of the bid. The above-mentioned bond shall be given as a
guarantee that the bidder will enter into the contract if awarded to him, and will be declared
forfeited if the successful bidder refuses to enter into said contract after being requested to do so
by the Town Clerk. All proposals shall be filed with the Clerk at the Town Hall, 11000 N.
LaCanada Drive, Oro Valley, Arizona 85737, on or before , at p.m. on
SWR:par 498702.2 09/04/03
200 . All proposals will be opened on such date. All proposals will be tabulated by the
District Engineer who shall report his findings to the Mayor and Council of the Town. The bids
will bep ublicl declared at a public meeting of the Mayor and Council to be held at the Council
y
Chambers located at the Town Hall on , 2003. It is expected that the Mayor
and Council will award the contract to the lowest and best responsible bidder at such Council
meeting which shall be held at p.m., on such date.
The Mayor and Council reserve the right to reject any or all proposals, or to reject
the bids of any persons who have been delinquent or unfaithful to any contract with the Town
and to waive any informalities or irregularities in the proposals.
The Mayor and Council have determined that improvement bonds will be issued
to represent the construction cost and all of the incidental costs of such work and improvement,
including engineering, printing, advertising and posting and preparation of proceedings; and
notice is hereby given that such bonds shall be issued under the provisions of Title 48, Chapter 4,
Article 2, Arizona Revised Statutes, and amendments thereto, by the Town but payable only out
of a special fund collected in annual installments from the assessments of $25.00 or over
remaining unpaid at the end of the cash collection period. The bonds payable out of the first
installment collected shall be payable on the first day of January in the year determined by the
Mayor and Council and on the first day of January of each year thereafter until all are paid. Said
bonds shall bear interest at a rate of not to exceed % per annum. Interest will be payable
on the first days of January and July of each year.
The contractor will be paid with cash payments once each month, such payments
to be on the basis of ninety percent (90%) of the value of the work actually performed as
estimated by the District Engineer. The retainage will be paid after the Mayor and Council has
approved the assessment. Approval of the assessment is expected to occur approximately forty-
five (45) days after the Work to be let for the Improvement District has been certified to the
Mayor and Council as completed and approved by the Superintendent of Streets. The contractor
will not be required to advance incidental expenses. The contractor will not be responsible for
making cash collections from property owners.
Without charge, the Town will provide the winning bidder with the opinion of
Gust Rosenfeld P.L.C. concerning the validity of the proceedings to and including the execution
of the construction contract. The fees of Gust Rosenfeld P.L.C. will be paid as a part of the
incidental expenses.
No bidder may withdraw his proposal for a period of ( )
calendar days after the date set for the opening thereof
The Town reserves the right to cancel this notice at any time.
For information concerning the plans, technical specifications or bid forms, please
contact the District Engineer, R S Engineering, Inc., 2445 N. Tucson Boulevard, Tucson,
Arizona 85716, telephone: 520.791.3933.
SWR:par 498702.2 09/04/03
-2-
For information concerning the financing procedures and the issuance of bonds
contact Mr. Scott W. Ruby, Gust Rosenfeld P.L.C., 201 East Washington Street, Suite 800,
Phoenix, Arizona 85004,phone 602.257.7422.
DATED:
Superintendent of Streets
Publish: Two times in the The Territorial
Post at or near the door of the Council Chambers for five days.
SWR:par 498702.2 09/04/03
-3-
04/30/2003
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Obi TOWN OF ORO VALLEY PUBLJC WORKS DEPARTMENT BILL JANSEN,RE,TEWN ENGINEER
ORACLE ROAD IMPROVEMENT DISTRICT }IO. REVISION DESCRIPTION C,L/SECT.ENGP. DATE DATE
ASSESSMENT DIAGRAM 'n..:41,= +�TT 8,00
DRAWN
�, CI.ECK0
TC IN OF ORO VALLEY c 2 aaC:.Elw:,R.
P/.VA COUNTY,ARIZONA z
Home Depot USA Inc. Tosco Corporation
. University Medical Center Corp.
District Manager Steve Hickman ATTN: Property Tax Dept/DC 17
3925 W. Costco Dr. 1501 N. Campbell Ave.
Tucson,AZ
85741 P.O. Box 52085 Tucson, AZ 85701
Phoenix, AZ 85072-2085
The La Reserve Community Assoc. DRRC LLC Lincoln National Life Ins. Co.
Heidi Hewitt Attn: Leisure Care Inc. 200 E. berry St.' 3rd Floor
7493 N. Oracle, Ste 135 325-118th Ave SE#300 Fort Wayne,
IN 46802
Tucson, AZ 85704 Bellevue, WA 98005
*KS Real Estate Investors LLC
Conquistador Properties, LLC Scott Ruby Attn: Transmark Company
Attn: Pro-L.A.N.D. Gust Rosenfeld P.L.C. Adam Karon
1980 E. Palisades Road 201 N. Central Ave., Suite 3300 P.O. Box 66018
Tucson, AZ 85737 Phoenix, AZ 85073-3300
Tucson, AZ 85728
Brakemax#3 LLC Barclay Group No. 10 LP
Giant Industries Arizona Inc. Attn: Raymond L. Posciotta 8145 N. 86th Pl.
23733 N. Scottsdale Rd. 7380 N. Moon Spirit Ln. Scottsdale, AZ 85258
Scottsdale, AZ 85258 Tucson AZ 85718
Carl Karcher Enterprises Inc. Dayton Hudson Corp. Wells o
Far
Attn: PropertyTax Dept T-0700 g
Attn: Store#11100365 tt 10585 N. Oracle Rd.
P.O. Box 4349 1000 Nicollet Mall Tucson, Az 85737
Anaheim, CA 92803-9907 Minneapolis, MN 55403-2542
Scaletta, Dominic & Gloria JT/RS del Oro Partners
Pizza Hut of Arizona, Inc. Canada
Attn: Tucson Restaurants, Inc. 2400 Mid-Continent Tower
10605 N. Oracle Rd. 1300 E. Mission, Suite C-101
Tucson, AZ 85737 Tulsa, OK 74103
Phoenix, AZ 85014
Kroger Co. Bank of America Albertson's, Inc.
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Attn: Fry's Food Store#18 Attn: KPMGLLP 250 Park Center Blvd.
P.O. Box 6016 750 B Street, Ste 1500 P.O. Box 20
Phoenix, AZ 85005-6016 San Diego, CA 92101 Boise, ID 83276
*Ritchie Realty *Flys Food Store
*Barclay Group N. 11 LP
Joseph C. Ritchie Patti Russell
15 974 N. 77th Street p
630 N. Craycroft#108 10661 N. Oracle
Scottsdale, AZ 85260
Tucson, AZ 85711 Oro Valley, AZ 85737
*Big 0 Tires
Michael Jewett
1500 E. Pusch Wilderness Dr.
#12-202
Oro Valley, AZ 85737
Lincoln National *Bank of America
Attn: Brad Marting Attn: David White
1300 S. Clinton St., Mail Stop 3505 P.O. Box 89071
Fort Wayne, IN 46802 Tucson, AZ 85752
/`d(/ •
D1STRIBW Live, .
ED/MAYOR E3"
TOWN MANAGER.
12, 2003Q'flLECOUNCIL
September
DDEPTHEADS HEADS 71 nTHER
Mayor Paul Loomis
Oro Valley Town Hall „„,
11000 N. La Canada Drive
Oro Valley, AZ 85 73 7
Dear Mayor,
This letter is sent to you to voice a concern of everyone's safety for the road
conditions by Oracle and First, at the outlet from the Fry's grocery store,
where the is currently no light. Here's is what happened to me today. At this
particular outlet, there are two lanes, one to make a left turn onto to First
(towards Lambert), and one to make a right (to go toward Oracle). I'm in
the left lane making my left turn. I see my chance to get out but do not get
any further than the middle, because a woman in a BMW, on the cell phone
is suddenly pulling out in front of me making the left turn also. Thank God I
saw her before I pulled any ffurther! Off course I'm already in the middle
now, stunned at what just happened. She must have pulled into the right
turn only lane, seen the same "hole"to get out that I saw, and "made a run
for it". Now I'm stuck in the middle, waiting for cars that are now coming
from Oracle's light, and here comes the friendly police officer and gives me
a warning. I have to thank him for this, because it prompted me to write this
letter. Something has to be done with the road there,from now on I'm going
to go to the Push Ridge light to get out (since there is no other way). Hope
you can use a few extra signatures from my friends who feel the same way
also.
Sincerely,
7-V/31/7,/
Brith Jolivet
c.c. Lynn M Garcia
Name: • Address:
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/57-03
biD 40/1. i..-C-4101)4CA1-
TOWN OF ORO VALLEY
DEPARTMENT OF PUBLIC WORKS
INTEROFFICE MEMORANDUM
TO: CHUCK SWEET
FROM: BILL JANSEN liy/
SUBJECT: MEETING ON HOME DEPOT TRAFFIC ISSUES
DATE: FEBRUARY 15, 1999
CC: DON CHATFIELD, BRYANT NADINE
On February 12, 1999, a meeting was held at the DPW to discuss the plans for
the traffic management on First Ave and Oracle due to the opening of the Home
Depot store in January 2000. Those in attendance were:
Bill Jansen, TOV; Bryant Nadine, TOV; Alan Tanner, Bourn properties (Home
Depot); Paul Schloss, Grub&Ellis (Albertson's), Robert Miles, Greenberg
Farrow (Home Depot); Trey Eakin, Barclay Group; Charles Hulsey, WLB.
The main topics of discussion were the installation of a traffic signal at La
Reserve on Oracle and the proposed interim First Ave improvements.
First Ave. Improvements:
The modified First Ave plan that eliminated the signal and relocation of the Fry's
entrance was discussed. The parties present agreed that that plan was doable
relating to the opening of the Home Depot store. The development of the
Albertsons may require a revision to provide better access to the grocery store
from eastbound First Ave. This issue will be pursued as the First Ave plans
proceed.
The left turn from Fry's to west bound First is still an issue. One thought is that
the existing left turn pattern will not change due the Home depot project. West
bound traffic on First wanting to enter the Home Depot complex will have a
dedicated right turn lane, the left turn from Fry's will merge with the westbound
traffic as it does now. This issue still needs additional study and is being
investigated.
The Barclay Group will continue with the required installation the First Ave.
deceleration and acceleration lanes into the north parcel. The Town will be
responsible for the other needed modifications to First including the dual right
turn onto Oracle. Charles Husley suggested that the Developer's work on First
08/18/03 04:85pm P. 003
and the Town' s work be merged into a single set of plans, a single ADOT permit
and one construction contract. This would be the most efficient and expeditious
way of completing the First Ave. improvements in advance of the Home Depot
opening. In this concept, the Barclay Group would have the entire First Ave
improvement plans and specifications and the Town would reimburse Barclay for
our share of the improvements from the existing project funds. Since some of
the funds are from PAG's 15% allowance, I will check with PAG to see if that
would be allowable. This seems like an excellent idea and I recommend that this
concept be pursued.
Once the First Avep lans are conceptually approved, we need to meet with Fry's
to inform them of the plans.
La Reserveignal:
The Home Depot representatives supported the installation of the La Reserve
signal and they expressed willingness to pay for the installation now and seek
p
credit from the Oracle Road Improvement District. The signal plans are
expected to be completed within 45 days and they will then apply for the ADOT
permit.
Initial discussions with ADOT traffic section indicated that there should be no
problem in obtaining the needed permit in sufficient time to allow for the signal
installation prior to the opening of the Home Depot providing that the plans are
submitted in a timely manner for ADOT review. 1 have requested a meeting
between the developers, ADOT and the Town to discuss the signal permit
requirements and the expected time required for the issuance of the permit. This
meeting is scheduled for the week of Feb. 22 and Maria Deal of ADOT will
contact Bryant Nadine to set the meeting date during the latter part of the week
of Feb. 15th.
Home Depot is very concerned about a possible linkage to the granting of the
CFO to the signal installation. Providing the developer proceeds with submitting
the signal plans for review in a timely manner that would allow sufficient time for
review by ADOT and the Town, 1 do not feel that it would be appropriate to link
the CFO and the signal from a traffic management standpoint. In the event that
ADOT takes an excessive review time or there are construction difficulties, any
left turn from the La Reserve connection to Oracle could be prevented until the
signal is in place. I would appreciate your thoughts and that of Community
Development on this linkage.
2