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Home My WebLink AboutPackets - Council Packets (1385) AGENDA ORO VALLEY TOWN COUNCIL REGULAR SESSION OCTOBER 3, 2001 ORO VALLEY COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 7:00 PM CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE UPCOMING MEETING ANNOUNCEMENTS — TOWN MANAGER The Mayor and Council may consider and/or take action on the items listed below: ORDER OF BUSINESS: MAYOR WILL REVIEW THE ORDER OF THE MEETING CALL TO AUDIENCE — According to the Arizona Open Meeting Law, the Town Council may only discuss matters listed on the Town Council Agenda. Matters brought up by the public under "Call to Audience"cannot be discussed by 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 order to speak during "Call to Audience'; please specify what you wish to discuss when completing the blue speaker card. 1. CONSENT AGENDA (Consideration and/or possible action) A. Minutes — September 4, 19, 2001 B. Building Codes Activity Report —August 2001 C. OV12-95-14 Approval of Substitute Assurance Agreement between Daystar Homes LLC and First American Title Insurance as Trustee of Rivers Edge Lots 70 through 102, Common Areas A and B D. Resolution No. (R)01-86 Authorizing the execution of an Intergovernmental Agreement between Pima County and the Town of Oro Valley to transfer County bond funds to the Town of Oro Valley for the design and construction of the Canada Del Oro Linear Park situated between La Canada Drive and First Avenue E. Resolution No. (R)01-87 Accepting those streets within the Ram's Canyon Phase 1 and 2 subdivision as public streets F. Resolution No. (R)01-88Accepting those streets within the Sunridge II subdivision as public streets 10/03/01 Agenda, Council Regular Session 2 2. POSSIBLE CANCELLATION OR POSTPONEMENT OF NOVEMBER 21, 2001 REGULAR TOWN COUNCIL MEETING DUE TO THANKSGIVING HOLIDAY 3. GENERAL PLAN UPDATE 2020 STATUS REPORT #1 Explanation: Planning staff requests comment and feedback on the recording and reporting of implementation of the Public Participation Action Plan 4. RESOLUTION NO. (R)01-89 AUTHORIZING AND APPROVING THE EXECUTION OF THE CONTRACT BETWEEN THE TOWN OF ORO VALLEY AND JOE A. TYLER, ARTIST, IRONWOOD BOTANICAL SCULPTURES, INC., TO PROVIDE THE PUBLIC ART, "LEAVES UNFOLDING" RELATING TO THE ORO VALLEY PUBLIC LIBRARY PROJECT AND APPROVAL OF THE APPROPRIATE SCRIPT FOR THE SCULPTURE PUBLISHED BY PREMEDIA CORPORATION 5. APPOINTMENT OF MEMBERS TO THE ORO VALLEY STORMWATER UTILITY COMMISSION Explanation: Five citizens will be appointed to serve on the Town's Stormwater Utility Commission. The members appointed will draw lots to determine the terms of membership, three members shall serve a term of 2 years and two members shall serve a term of 1 year. 6. RESOLUTION NO. (R)01-90 ADOPTING ECONOMIC DEVELOPMENT INCENTIVE POLICY GUIDELINES Explanation: This resolution, if approved will revise and expand the Town's current Economic Development Policies. TOWN MANAGER'S REPORT CALL TO AUDIENCE—According to the Arizona Open Meeting Law, the Town Council may only discuss matters listed on the Town Council Agenda. Matters brought up by the public under "Call to Audience"cannot be discussed by 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 order to speak during "Call to Audience'; please specify what you wish to discuss when completing the blue speaker card. ADJOURNMENT POSTED: 09/26/01 4:30 p.m. Ih 10/03/01 Agenda, Council Regular Session 3 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 Kathryn Cuvelier, Town Clerk, 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. Ify ou wish to address the Town Council on any item(s) on this agenda, please complete a speaker card located on the Agenda table at the back of the room and give it to the Town Clerk. Please indicate on the speaker card which item number and topic you wish to speak on, or if you wish to speak during "Call to Audience", please specify what you wish to discuss when completing the blue speaker card. forward to thepodium when the Mayor announces the item(s) on the Please step Y 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. MINUTES OF THE ORO VALLEY TOWN COUNCIL SPECIAL SESSION/STUDY SESSION SEPTEMBER 4, 2001 ORO VALLEY TOWN COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE SPECIAL SESSION CALL TO ORDER 6:40 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Francis LaSala, Vice Mayor Dick Johnson, Council Member Bart Rochman, Council Member Werner Wolff, Council Member(arrived at 6:50 p.m.) EXECUTIVE SESSION MOTION: A MOTION was made by Council Member Johnson to go into an Executive Session at 6:41 p.m. for the following purpose: 1. Pursuant to ARS 38-431.03(A)3 and (A)4, discussion or consultation with the Town Attorney regarding Citizens for Open Government vs. Town of Oro Valley, Superior Court of Arizona in and for the County of Pima, and regarding Ordinance No. (0)01-20, an ordinance amending the Town of Oro Valley's General Plan for Neighborhood 11. 2. Pursuant to ARS 38-431.03(A)3 and (A)4, discussion or consultation with the Town Attorney regarding the consideration and reconsideration of the General Plan Amendment for Neighborhood 12, Ordinance No. (0)01-21 3. Pursuant to ARS 38-431.03(A)3 and (A)4, discussion or consultation with the Town Attorney regarding Citizens for Open Government et al vs. Town of Oro Valley et al, U.S. District Court for District of Arizona, CIV 01-393-TUC-FRZ MOTION SECONDED by Council Member Rochman. MOTION carried 4—0. Mayor Loomis announced that in addition to the Town Council, the Town Manager, the Town Attorney, and the Town Clerk, Planning & Zoning Administrator Bryant Nodine would be present for Items #1, #2 & #3 MOTION: Council Member Johnson MOVED to go out of Executive Session at 7:40 p.m. Vice Mayor LaSala SECONDED the motion. MOTION carried 5 —0. 09/04/01 Minutes,Town Council Special Session/Study Session 2 ADJOURNMENT MOTION: A MOTION was made by Council Member Johnson to ADJOURN the Special Session at 7:41 p.m. MOTION SECONDED by Vice Mayor LaSala. MOTION carried 5 —O. STUDY SESSION CALL TO ORDER: 7:50 P.M. 1. TANGERINE ROAD/LA CANADA INTERSECTION DESIGN AND ROAD ALIGNMENT Town Engineer Bill Jansen stated that Public works is working on the extension of La Canada to Moore Road and the four lane widening of Tangerine Road. He stated that it is important to discuss the intersection design and the alignment options for Council consideration. He pointed out that the Town is looking at the intersection of two major four lane arterials. One running east/west, and one running north/south. He pointed out that once the Town grows, the traffic will increase and what we decide now, will effect the intersection twenty years from now. Civil Engineer III Paul Nzomo discussed the design issues encountered at this intersection, one being the location of a saguaro cactus and the other being a wash located east of the intersection. Mr. Nzomo stated a pygmy owl study has been completed with no pygmy owls in the vicinity. He stated that the Town has also applied for a 404 permit. Bill Schlesinger, P.E., Catalina Engineering, Inc., stated that they are in the process of designing the improvements to Tangerine Road from just west of La Canada Drive all the way east to the First Avenue intersection. He stated the road would have two lanes in each direction including drainage improvements, a multi-use path and landscaping. Mr. Schlesinger stated that it is important to look at alternative alignments now so that when Tangerine Road is finished, the intersection is where it needs to be and nothing will have to be torn up when improvements are made to La Canada Drive. Mr. Schlesinger gave a presentation showing the following information and the 3 alignments proposed: • Existing Property Layout. • Right-of-way Details. • Photograph of the location of the saguaro cactus. • Alternative Alignment 1 (Relocates cactus, and provides the best geometry and safest design of the three alignments). • Alternative Alignment 2 (Allows the cactus to stay in place, impacts the Miller property,but not as safe as first alignment). • Alternative Alignment 3 (Allows the cactus to stay in place, does not impact the Miller property as much, however, it is right on top of the wash, takes out natural habitat, and will have a problem obtaining a 404 permit). • Lane configuration, including a traffic signal. 09/04/01 Minutes,Town Council Special Session/Study Session 3 Mr. Schlesinger explained that their recommended Alternative is Alternative No. 1. Landscape Architect Don McGann reviewed the Cactus Assessment, how it would be transplanted and showed photographs of the condition of the Saguaro cactus: • Plant is generally healthy. • Transplanting discussed with Cezar Mazier (Desert Botanical Garden) and others. • Transplanting is an option. However, there is no guarantee that it will survive given the size of the saguaro. • Extraordinary measures required. • Maintain in vertical position. • Move with soil root ball. • Move on site. • Transplant options: - Box (or similar) and move with crane. - Utilize large spade. In response to a question by Council Member Johnson, Mr. Schlesinger stated that if the cactus is not moved, there needs to be a wide enough median so that it doesn't become a safety issue. Discussion followed regarding the long-term effect of gas fumes on the cactus if it is left in the median. Mr. McGann stated that it will have a negative impact on the plant and puts it in a vulnerable position by leaving the cactus in the roadway. Mr. Schlesinger stated that they could take a look at Council Member Johnson's suggestion of leaving the cactus where it is and developing a median to protect the cactus from the roadway. Mayor Loomis stated that it appears to come down to cost and finding additional data regarding the success rates for transplanting a cactus of this size. He asked that this be brought back to the Council in a future study session. 2. DISCUSSION REGARDING THE PROPOSED GENERAL PLAN AMENDMENT FOR RANCHO VISTOSO NEIGHBORHOOD NO. 11 Planning and Zoning Administrator Bryant Nodine stated this general plan amendment is requested for a change in open space designation of 60 acres. He stated the actual impact on open space is 90 acres. Staff recommended approval with "considerations". He stated that the Town Attorney has expressed legal concerns relating to those"considerations" included in the General Plan Amendment. Mr. Nodine reviewed those proposed "considerations" that included: • Trail and trailhead development • Creating a Honey Bee Loop Trail from the southwest portion of Neighborhood 11, up into the Tortolita Mountains and back down to Honey Bee Park 09/04/01 Minutes,Town Council Special Session/Study Session 4 • Open space dedication to balance out intrusion into 130 acres. (Current Pima County (RH) zoning allows for 20 homes). • Dedication of the northeast corner of the Rancho Vistoso property. (Everything north of Honey Bee Wash). • Site for a water reservoir. • Imposing development standards to mitigate the impacts on 80 homes that may be developed in the future through a PAD amendment. • Approval of the general plan amendment would not necessarily approve the lots as they are proposed. Charles Hulsey, The WLB Group, representing Vistoso Partners brought in a model that clearly defines the impacts of Neighborhood 11 and Neighborhood 12. Mr. Hulsey stated that Vistoso Partners has agreed to the proposed considerations, however he expressed some concerns with the considerations being inappropriate for a general plan. Mr. Hulsey showed a presentation of the topography, slope analysis and lot layouts. He also showed a photo study of Neighborhood 11. Mr. Hulsey stated that they have tried to: 1. Stay out of the view shed. 2. Stay more than the 150 feet required by the Honey Bee Management Plan. 3. Provide additional screening proposed for anywhere that would be visible and mitigate with additional plantings. In response to a question byMayor or Loomis, Mr. Hulsey stated that all of the exhibits P Y meet the"considerations"requirements. Mayor Loomis opened the floor for public comment. Bill Adler, 10720 N. Eagle Eye Place. Mr. Adler referred to a letter from Vistoso Partners requesting reconsideration regarding "appropriateness", however he hasn't heard any discussion on the appropriateness of the "considerations." He stated that in his opinion, when the land use designation is changed for the General Plan, a huge piece of consideration is removed from the PAD/rezoning process because everything needs to comply with the General Plan. Therefore,he feels that it is imperative that considerations are attached at this juncture. Mr. Adler stated that: 1) The grading limits are excessive and he asked that they be reduced from 20,000 SF to 12,000 SF. 2) The density of the area should be 2 acre lots instead of 1 acre lots out of respect for the delicacy and sensitivity of the area. Mayor Loomis called a recess at 8:45 p.m to allow for the public to look at the exhibits brought in by Vistoso Partners. Meeting resumed at 8:50 p.m. 09/04/01 Minutes,Town Council Special Session/Study Session 5 3. DISCUSSION REGARDING THE PROPOSED GENERAL PLAN AMENDMENT FOR RANCHO VISTOSO NEIGHBORHOOD NO. 12 Planning and Zoning Administrator Bryant Nodine stated that this is a proposal for a change in an area of approximately 360 acres. He stated this includes changing 23 acres to medium density residential, 13 acres for resort and 172 acres of low density residential, with 151 acres remaining as open space. He stated that this land has been zoned in Pima County with a designation of RH, allowing for 80—90 units. The request is for 185 units. Mr. Nodine stated that there is a change of 100 to 150 units. Mr. Nodine pointed out that the way the "considerations"were drafted, they are not legally appropriate. He stated the "considerations"might be structured differently in future presentations. Mr. Nodine stated that the "considerations"included: • Dedicate the Honey Bee Canyon Park to the Town. • Provide any necessary reservoir sites. • Suggestions for potential "trade areas," such as Honey Bee Village Archaeological Site and the designated riparian areas within Big Wash and the Honey Bee Wash. • Recommended development standards for future development. Charles Hulsey, representing the applicant, Vistoso Partners, stated that the Town's General Plan currently calls for 176 acres to be open space and the remaining 182 acres to be low density residential (.5 units per acre). He stated that Vistoso Partners is proposing that the density be "jumbled" so that it fits the actual topography. He stated that if this is done, the open space would go from 176 acres to 178 acres. The low density residential will go from 182 acres down to 152 acres. He pointed out that the difference is in the area for the Resort casitas and the parking lot for the Ritz-Carlton Resort. Mr. Hulsey pointed out that what is important to him as a planner is that the layout fits the topography. Mr. Hulsey showed a presentation of the topography for Neighborhood 12. In response to a question by Council Member Rochman, Mr. Hulsey stated that there is a net gain of open space by 2 acres, it is just distributed differently. Council Member Johnson asked that staff provide at the September 19th Town Council meeting, the economic impacts/revenue streams for both Neighborhoods 11 and 12. He asked that something be shown for both Neighborhoods 11 and 12 that reflects how close the development is to Honey Bee Canyon. Mayor Loomis announced that public hearings for Neighborhoods 11 and 12 are scheduled for the September 19th Council Agenda. 09/04/01 Minutes,Town Council Special Session/Study Session 6 ADJOURNMENT MOTION: A MOTION was made by Council Member Johnson and SECONDED by Council Member Wolff, to ADJOURN the study session at 9:20 p.m. MOTION CARRIED 5 —0. Respectfully submitted, Kathryn E. Cuvelier, CMC Town Clerk 09/04/01 Minutes,Town Council Special Session/Study Session 7 i V MINUTES ORO VALLEY TOWN COUNCIL REGULAR SESSION SEPTEMBER 19, 2001 ORO VALLEY COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE REGULAR SESSION CALL TO ORDER 6:10 p.m. ROLL CALL PRESENT Paul Loomis, Mayor Fran LaSala, Vice Mayor Dick Johnson, Council Member Bart Rochman, Council Member Werner Wolff, Council Member EXECUTIVE SESSION MOTION: A MOTION was made by Council Member Johnson and SECONDED by Council Member Rochman to go into Executive Session at 6:11 p.m. for the following purpose: 1. Pursuant to ARS 38-431.03(A)(3) and (A)(4) discussion or consultation with the Town Attorney for legal advice and/or consultation with the Town Attorney regarding pending or contemplated litigation relating to Wong Family, L.L.C. v. Town of Oro Valley, Pima County Cause No. 20005064 and.Wong Family L.L.C. v. Town of Oro Valley, Pima County Cause No. C20013660 2. Pursuant to ARS 38-431.03(A)(3) and (A)(4), discussion or consultation with the Town Attorney for legal advice and/or consultation with the Town Attorney regarding pending or contemplated litigation relating to Aspen Green v. City of Tucson, U.S. District Court, Cause No. CIV 98-456TUC-RCC 3. Pursuant to ARS 38-431.03(A)(3) for consultation with the Town Attorney regarding general plan amendments for Rancho Vistoso Neighborhoods 11 and 12 MOTION carried, 5 —0. Mayor Loomis announced that in addition to the Town Council, the Town Manager, the Town Clerk, and the Town Attorney, Community Development Director Brent Sinclair would be present in Executive Session for Item l and Planning and Zoning Administrator Bryant Nodine would present in Executive Session for Item 3. MOTION: A MOTION was made by Council Member Johnson and SECONDED by Council Member Wolff to go out of Executive Session at 7:00 p.m. Motion carried, 5 -0. 09/19/01 Minutes, Council Regular Session 2 RESUME REGULAR SESSION CALL TO ORDER 7:05 p.m. ROLL CALL PRESENT Paul Loomis, Mayor Fran LaSala, Vice Mayor Dick Johnson, Council Member Bart Rochman, Council Member Werner Wolff, Council Member Mayor Loomis called for a moment of silence to remember those in New York, Washington D.C. and throughout the country that were affected by the tragedy on September 11, 2001. PLEDGE OF ALLEGIANCE Mayor Loomis led the audience in the Pledge of Allegiance. UPCOMING MEETING ANNOUNCEMENTS Town Manager Chuck Sweet reviewed the upcoming meetings. He also announced that the Pusch Ridge Majesty art sculpture would be dedicated to the Town on Saturday, September 22, 2001 at 9:00 a.m. CALL TO AUDIENCE No speakers. CONSENT AGENDA At the request of Council Member Rochman, Mayor Loomis pulled Item M from the Consent Agenda. (Item M was considered at the end of the agenda.) MOTION: Council Member Johnson MOVED to APPROVE the Consent Agenda with the exception of Item M. Vice Mayor LaSala SECONDED the motion. Motion carried, 5 - 0. A. Minutes—08-06-01; 08-15-01; 08-20-01 B. Information Activities Report—August 2001 C. Coyote Run Transit Report—July 2001 D. Police Report—July 2001 E. Finance Report for the month ended July 31, 2001 F. Award of contract for the Oracle Road Improvement District to RS Engineering for the completion of construction plans in the amount of$193,416 G. Resolution No. (R) 01-74 Authorizing and Approving a Contract with Castro Engineering Corp. for Engineering Design for Linda Vista Reservoir Overflow and Water Plant No. 10 High Mesa Site Improvements H. Resolution No. (R)01-75 Project No. OV 30 00/01 20 Award of a professional engineering services contract to Stantec Consulting Inc. in the amount of$68,174 for the Calle Concordia from Oracle Road to Calle Loma Linda Safety Improvements for the design of an ultimate three-lane roadway section, environmental determination, drainage improvements, bike lanes and sidewalks 09/19/01 Minutes,Council Regular Session 3 1. Resolution No. (R)01-76 Approving a License Agreement with the Copper Creek Homeowner's Association for the installation and maintenance of Landscaping Elements and Accent Lighting within the La Canada Drive,Naranja Drive and Tangerine Road rights-of-way J. Resolution No. (R)01-77 Project No. OV 30 00/01 13 Acceptance of Bid and Award of contract to Southwest Slurry Seal in the amount of$244,573.98 for Sun City Vistoso Units 1, 2, 5, 6, 6B, 7, 17, 18 & 18B for pavement preservation K. Resolution No. (R)01-78 Award of a Professional Engineering Services contract to Transcore in the amount of$28,511.85 for the Monte del Oro Street Rehabilitation Project L. Resolution No. (R)01-79Approval of purchase of used equipment—Crack Sealer from Superior Supply, Inc. in the amount of$43,661.12 M. Resolution No. (R)01-80 Adopting the revised Town Council Parliamentary Rules & Procedures and Code of Conduct of the Oro Valley Town Council (PULLED FOR DISCUSSION) N. Approval of the expenditure of up to $12,500 from the Town's contingency fund for the Town's share of Phase One of the Health Care Consortium Project O. Approval of an additional member to the Naranjo.Town Site Master Plan Task Force to represent the Monterra Hills Subdivision 2. REAPPOINTMENT OF STEVE LUCAS AND TOM VETRANO TO THE MUNICIPAL PROPERTY CORPORATION WITH TERMS TO EXPIRE SEPTEMBER 30, 2004 MOTION: Council Member Johnson MOVED to REAPPOINT Mr. Steve Lucas and Mr. Tom Vetrano to the Municipal Property Corporation with terms to expire September 30, 2004. Council Member Wolff SECONDED the motion. Motion carried, 5 —0. 3. APPOINTMENT OF MEMBERS TO THE BOARD OF ADJUSTMENT WITH TERMS TO EXPIRE JUNE 30, 2003 MOTION: Council Member Rochman MOVED to REAPPOINT Ms. Lyra Done and Mr. Bill Adler to the Board of Adjustment with their terms to expire June 30, 2003. Council Member Johnson SECONDED the motion. Motion carried, 5 —0. 4. APPOINTMENT OF A STEERING COMMITTEE FOR THE GENERAL PLAN UPDATE 2020 Community Development Director Brent Sinclair reviewed the Council Communication and reported that the Steering Committee for the General Plan Update 2020 would provide input, feedback, and guidance through the update process. The committee is to be representative of the community as a whole. He explained that the Sector Boards formed in 1996 would not be reconvened during this update but those members were invited to meetings on August 21 and September 17, 2001 to see if there was an interest in representation on the Steering Committee. Six former Sector Board members attended those meetings with two being recommended to serve on the Steering Committee. MOTION: Council Member Johnson MOVED to APPOINT those members identified in Table 1 (Nos. 1 —20) to the General Plan Update 2020 Steering Committee including the appointment 09/19/01 Minutes,Council Regular Session 4 of Steve Ruble as "Alternate Citizen at Large." The terms of the appointments will expire on November 5th. 2002. Affiliation Recommended Steering Committee Member 1. Mayor Loomis Appointee Mary Glueck 2. Vice Mayor LaSala Appointee Joe Winfield 3. Council Member Johnson Appointee John Neis 4. Council Member Rochman Appointee Allen Weinstein 5. Council Member Wolff Appointee Karen Rogers 6. Development Review Board Appointee Alfred Kunisch 7. Planning &Zoning Commission Appointee Don Cox 8. Parks &Recreation Advisory Board Appointee Mike Wilson 9. Greater Oro Valley Arts Council Dick Eggerding 10. Citizen at large Carol Clark 11. Citizen at large Alan Dankwerth 12. Citizen at large Pat Spoerl 13. Youth Representative, Ironwood High School Jeff Dauenhauer, Sophomore President 14. Youth Representative, CDO High School To be determined 15. Senior Representative Charles Walton 16. Disability Community Tom Bush 17. Healthcare Community David Koford 18. Northwest Chamber of Commerce Andrew Way 19. Oro Valley Neighborhood Coalition Alan Wright 20. Southern Arizona Homebuilders Association Eric Shoberg Vice Mayor LaSala SECONDED the motion. AMENDMENT TO THE MOTION: At the request of Mayor Loomis, Council Member Johnson and Vice Mayor LaSala agreed to amend the motion to change the appointments to expire after the election ratifying the General Plan. Mayor Loomis also asked to amend the motion to add the recommended members representing the former Sector Boards. Council Member Johnson and Vice Mayor LaSala did not accept the amendment citing that the twenty citizens being recommended represented an excellent cross- section of the community and that the Sector Boards were not needed for the current update process. MOTION as amended, carried 4— 1, with Mayor Loomis opposed due to the elimination of the Sector Board representatives. 5. APPROVAL OF A TECHNICAL ADVISORY COMMITTEE FOR THE GENERAL PLAN UPDATE 2020 Community Development Director Brent Sinclair reviewed the Council Communication and reported that the Technical Advisory Committee (TAC) for the General Plan Update 2020 would guide the Plan update process. The TAC will be comprised of agency representatives that are within the planning area. He explained that some of the recommendations are still to be 09/19/01 Minutes,Council Regular Session 5 determined, so those names will be presented to Council at a later date for recommended appointment. MOTION: Council Member Rochman MOVED to APPROVE the composition of the General Plan Update 2020 Technical Advisory Committee as presented: Agency Representative Pima County Jim Mazzocco, Planning Official/Ben Changkakoti, Principal Planner Pinal County Dennis Cady, Planning Director Town of Marana Joel Shapiro,Planning&Zoning Director City of Tucson Jack Siry, Assistant Planning Director Catalina Council Kenneth Conrad Pima Association of Governments Andy Gunning, Regional Planning Manager State Land Department Gordon Taylor, Manager, Planning Section Arizona Department of Commerce Debra Sydenham, Community Planning Manager U.S. Fish and Wildlife Service Sherry Barrett,Assistant Field Supervisor U.S. Forest Service, Coronado National Forest Mike Borens,retired Recreation and Lands Staff Officer U.S.National Park Service (To be determined) Arizona Game&Fish Sherry Ruther,Habitat Specialist Catalina State Park (Declined appointment) Amphitheater School District (To be determined) Fire Marshall (To be determined) University of Arizona School of Planning Dr. Barbara Becker, Director Town Department Representative Oro Valley Town Manager Bob Kovitz,Public Information Officer Oro Valley Water Utility Alan Forrest, Water Utility Director Oro Valley Public Works Martin Roush,Transportation Planner Oro Valley Economic Development Jeff Weir, Economic Development Administrator Oro Valley Parks and Recreation Ainsley Reeder, Parks &Recreation Administrator Oro Valley Police Department Sgt. Chuck Trujillo Oro Valley Naranja Town Site Brent Sinclair, Community Development Director Council Member Johnson SECONDED the motion. Motion carried, 5 —0. 6. PUBLIC HEARING —RESOLUTION NO. (R)01-81 - OV11-01-03 REQUEST TO AMEND THE TOWN OF ORO VALLEY GENERAL PLAN FROM COMMERCE PARK AND MEDIUM HIGH DENSITY RESIDENTIAL TO COMMUNITY COMMERCIAL FOR 58 ACRES LOCATED ON THE EASTSIDE OF ORACLE ROAD AT NORTH FIRST AVENUE, PARCELS 220-09-0030, 220-12-0010,220-12-0020 Economic Development Administrator Jeff Weir reported that The WLB Group, representing Canada Del Oro Partners is requesting a General Plan Amendment for 58 acres located on the eastside of Oracle Road at First Avenue from Commerce Park and Medium High Density Residential to Community Commercial. He explained that two neighborhood meetings have been held in addition to two Planning and Zoning Commission meetings. He stated that a General Plan amendment would only identify the type of use (Community Commercial.) He stated that approval of a future Planned Area Development (PAD) would specifically identify 09/19/01 Minutes,Council Regular Session 6 what could be allowed as development on the property. Mr. Weir further explained that staff feels that Community Commercial would be the best use for the property and in the best interest of the community. Planning and Zoning Administrator Bryant Nodine reviewed the site which is located on the eastside of Oracle Road and First Avenue. He explained that approval of the General Plan amendment would establish policies and indicate in general what uses may be appropriate for the area. He also explained that this is not a rezoning of the property and provides no additional development rights. Mr. Nodine further stated that staff recommends the change to Community Commercial with modifications. Some of the modifications would be clustering of the buildings, an inward focus of activity and a business park-type environment, preservation of views, and protection of residents' privacy. He explained that when the PAD is presented, specific uses could be presented that would be different than any other areas currently in the Town or that are being planned for future development. Mr. Nodine then reviewed the Four Findings of Fact that would constitute a General Plan amendment: 1) The amendment constitutes an overall improvement to the General Plan and is not solely for the benefit of a particular landowner or owners at a particular point in time. 2) The amendment is consistent with the vision, goals, and policies of the General Plan. 3) The General Plan Land Use Map does not provide appropriate optional sites for the use proposed in the amendment. 4) The amendment will not adversely impact the community as a whole or a portion of the community without an acceptable means of mitigating these impacts through the subsequent zoning and development process. He explained that the proposed amendment does not meet all of the Findings of Fact to the letter. p p p However, development of the site for commercial use is appropriate with added modifications. He stated that Community Commercial is an appropriate land use, as it would buffer the surrounding residential land uses from Oracle Road and the intersection at First Avenue. It would also allow specialized higher-end commercial retail. He also explained that it is unlikely that the land would ever be developed as it is currently defined in the General Plan Land Use Designation (Commerce Park.) Mr. Nodine explained that at the neighborhood meetings, citizens expressed concerns regarding the possibility of a Walgreens, a gas station or a five-story hotel being placed on the subject property and what the changes would mean to their quality of life. Also, concerns were expressed that relate to the PAD zoning and the Development Plan process. Mr. Nodine reported that the Planning and Zoning Commission voted to recommend approval of the General Plan amendment at their August 7, 2001 meeting. Staff also recommends approval of the General Plan amendment with special area policies as proposed. Further discussion followed regarding the possibility of the General Plan amendment and the PAD being presented at the same time, discussion of the PAD process and the fact that the PAD allows restriction of uses, grading controls, signage controls, and changes to property rights/entitlements. 09/19/01 Minutes,Council Regular Session 7 Mayor Loomis recessed the meeting at 7:55 p.m. The meeting resumed at 8:07 p.m. Charles Hulsey, The WLB Group, representing the applicant Canyon Del Oro Partners, reviewed the site being proposed for the General Plan amendment. He explained that the owners are requesting a General Plan amendment and then will submit a PAD on the property. He explained that the PAD would provide more protection of the area than standard zoning, it would be more restrictive, and would provide for a mix of uses of retail, office and residential uses. Mr. Hulsey also reported that they have held neighborhood meetings. They have also met with a steering committee from the La Reserve Homeowners Association (HOA) of which three to five members will be selected to represent the HOA throughout the PAD process. Mr. Hulsey further explained that they are trying to develop a site plan that is good for the community, La Reserve, and the owners. In response to a question from Council Member Johnson regarding the General Plan amendment and the PAD being presented at the same time, Mr. Hulsey explained that PAD preparation is very expensive. If the General Plan amendment was not approved, then they lose all the monies put toward the PAD. Mayor Loomis stressed that this item was not a rezoning. He stated that they are looking at the General Plan Land Use Map, which provides Council guidance on the desired future use of the property. He also stated that the General Plan was created five years ago and things have changed. He stated that the Land Use Map would be re-evaluated in the General Plan update. Mayor Loomis opened the public hearing. The following people spoke in opposition to approval of the General Plan amendment citing reasons such as: developing the property when the demand is apparent, unknown uses, does not meet the Four Findings of Fact, overall benefit to citizens, La Reserve citizens do not endorse the change, proper environmental studies not completed, attach the General Plan amendment to the PAD, protection of panoramic views and wildlife, and it is not necessary to amend the General Plan as specific uses can be addressed through Conditional Use Permits: Virginia Burkholder 1737 E. Deer Hollow Leap Lisa Brown 1785 E. Deer Hollow Leap Ruth Ann Fowler 1379 E. Stoney Canyon Tom Chase 10247 N. Calle del Camero Charles Baker 10456 N. Buck Ridge Kaven Smallwood 1500 E. Pusch Wilderness Drive Anne de Alva 1540 E. Sonoran Desert Drive William de Alva 1540 E. Sonoran Desert Drive Linda Achtziger 10291 N. Calle del Camero Scott Lumry 1321 E. Stoney Canyon Butch Farabee 1359.E. Stoney Canyon Phillip Slattery 1798 E. Placita de la 011a Stuart Vlanoff 10315 N. Alder Spring Drive Bill Adler 10720 N. Eagle Eye Place Mayor Loomis closed the public hearing. He then called for a recess at 8:58 p.m. The meeting resumed at 9:12 p.m. 09/19/01 Minutes,Council Regular Session 8 Further discussion followed regarding: • What could be built on the site under the current zoning verses the requested zoning • The PAD and hard zoningidentifyrequirements and allowed uses whereas the General Plan q does not • Getting the consensus of the community • Maintaining high standards • Hillside protection • There is no requirement for Council to approve any rezoning requests. MOTION: Council Member Johnson MOVED to CONTINUE Resolution No. (R)01-81, OV 11-01-03 General Plan amendment, until such time as the Planned Area Development (PAD) is forth coming. The PAD would be developed in coordination with the developer, citizens, and Town staff. Council Member Wolff SECONDED the motion. Discussion followed regarding reviewing the General Plan amendment and the PAD compsimultaneously, romise coming from both sides, keeping the General Plan as it is may be worse than what is being proposed, and the PAD identifies conditions of the property. Mayor Loomis highlighted words and phrases that were used during the public hearing as being important for the developer to take note of. Some of those were: "specialty shops,""scenic p p corridors,"" "unique " "preservation of views" and "what may be appropriate for the site." Mayor Loomis suggested an alternative motion that would approve OVl 1-01-03, amending the General Plan by redesignating 58 acres located on the eastside of Oracle Road at North First Avenue from Commerce Park and Medium High Density Residential to Community Commercial, policies to the contained in Exhibit "A" attached herewith, with the addition of the following wording to Resolution No. 01-81: The revised Land Use Map shall be effective within thirty days s from the date of this resolution and shall cease to be effective by June 19, 2002 with a PAD amendment is adopted in substantial conformance with the General Plan Land Use map and the policies in Exhibit"A". Council Member Johnson did not accept the suggested alternative motion. CALL FOR THE QUESTION Motion carried, 3 —2, with Mayor Loomis and Vice Mayor LaSala opposed. Mayor Loomis recessed the meeting at 9:40 p.m. The meeting resumed at 9:58 p.m. 7. CONTINUED PUBLIC HEARING - RESOLUTION NO. (R)01-84 OV11-01-01 REQUEST TO AMEND THE TOWN OF ORO VALLEY GENERAL PLAN FOR A PORTION OF RANCHO VISTOSO NEIGHBORHOOD 11, BORDERED ON THE EAST, NORTH, AND WEST SIDES BY THE TOWN BOUNDARY AND BY STONE CANYON 111, 11, AND IV ON THE SOUTH (ASSESSOR'S PARCEL #219050101A, 21905011C, AND 21906014A) (CONTINUED FROM AUGUST 1, 2001) Community Development ment Director Brent Sinclair stated that staff is requesting a continuance of this item until December 19, 2001 due to noticing requirements. 09/19/01 Minutes,Council Regular Session 9 Mayor Loomis opened the floor for public comment. Allen Wright, 1005 W. Wilkenson, reviewed a brief history of the land in Rancho Vistoso Neighborhood 11. He explained that the land was designated as natural open space which was a concession from the developer to the community in return for granting the overall zoning with Pima County of 7,000 homes on 7,000 acres. He explained that it became part of the terms and conditions for granting the PAD. He stated that the land should remain as natural open space since significant compromises have already been made. He said that citizens have repeatedly requested that no homes be allowed in the area and that it remains natural open space. MOTION: Council Member Johnson MOVED to CONTINUE Resolution No. (R)Ol-84, OV 11-01-01 until the December 19, 2001 Town Council meeting. Council Member Wolff SECONDED the motion. DISCUSSION: Mayor Loomis expressed concern about the December 19th date. He stated that Y the item was previously continued, it has been discussed in depth, and it needed to be concluded. He asked that the motion be amended to bring the item back in October. Council Member Johnson did not accept the request to amend the date stating that he would want to have the item come forward with the Planned Area Development (PAD). Mayor Loomis stated that bringing in a PAD amendment along with a General Plan amendment is against the way the Town's processes work and what the General Plan is for. SUBSTITUTE MOTION: Vice Mayor LaSala MOVED to CONTINUE the item to the second regularly scheduled meetingin October(October 17th). Mayor Loomis SECONDED the motion. g Y DISCUSSION: In a response to question from Council Member Rochman, Mr. Sinclair stated p that he did not believe the PAD would be ready for submittal to Council by the second meeting in October. Council Member Rochman said that it would make sense to continue the item until the PAD was ready to come forward. The citizens would then be able to see exactly what would be done to the subject property and the conditions would be attached. Vice Mayor LaSala stated that the item had been studied in depth and the issues are known. He stated that the Council should decide on the issue now. He also stated that any issues could be "cleaned up"by October, and then any requirements could be added to the PAD. Mayor Loomis agreed with Vice Mayor LaSala Council Member Rochman stated that the final action affects the entire Town and he would like everyone to know what is being included in the total package. Council Member Johnson agreed with Council Member Rochman. SUBSTITUTE MOTION CARRIED, 3 —2, with Council Member Rochman and Council Member Johnson opposed. 8. CONTINUED PUBLIC HEARING - RESOLUTION NO. (R)01-85 OV 11-01-02 - REQUEST TO AMEND THE TOWN OF ORO VALLEY GENERAL PLAN FOR THE AREA KNOWN AS RANCHO VISTOSO NEIGHBORHOOD 12, LOCATED NORTH OF RANCHO VISTOSO BOULEVARD IN THE NOTCH FORMED 09/19/01 Minutes,Council Regular Session 10 BY THE TOWN BOUNDARIES BETWEEN RANCHO VISTOSO NEIGHBORHOODS 11 & 13 (ASSESSOR'S PARCEL #21904009E, 219200021, 21920002B,AND A PORTION OF 21904009D) (CONTINUED FROM AUGUST 1, 2001) Community Development ment Director Brent Sinclair stated that staff is requesting a continuance of this item until at least the second meeting in October due to noticing requirements. He also explained that currently there was no Planned Area Development (PAD) submitted on this item. MOTION: Vice Mayor LaSala MOVED to CONTINUE Resolution No. (R)01-85, OV 11-01- 02 until the first meeting in November (November 7th.) Mayor Loomis SECONDED the motion. Motion carried, 5 —0. 9. RESOLUTION NO. (R)01- 82 DECLARING AS A PUBLIC RECORD THOSE CERTAIN DOCUMENTS RELATING TO THE OFFICES OF THE TOWN COUNCIL, FILED WITH THE TOWN CLERK AND ENTITLED "ARTICLE 2-1, COUNCIL", AMENDING THE TERM OF THE VICE MAYOR AND "ARTICLE 2-2, (RESERVED)," OF THE ORO VALLEY TOWN CODE MOTION: Vice Mayor LaSala MOVED to ADOPT Resolution No. (R)01-82 declaring Article 2-1, Council and Article 2-2 (Reserved) of the Oro Valley Town Code, a public record. Council Member Rochman SECONDED the motion. Motion carried, 5 — 0. (*Numbering of Resolution (R)Ol-82 was clarified during discussion of Item 11.) 10. PUBLIC HEARING —ORDINANCE NO. (0)01-22 AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA,RELATING TO PUBLIC OFFICERS; AMENDING BY REFERENCE THE CURRENT "ARTICLE 2-1, COUNCIL", AMENDING THE TERM OF THE VICE MAYOR AND "ARTICLE 2-2, MAYOR," OF THE TOWN OF ORO VALLEY TOWN CODE; REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH Town Clerk Kathryn Cuvel i er reviewed the Council Communication explaining that on January 8, 2001, the Government Review Task Force (GRTF) presented their recommendations regarding the selection of the Vice Mayor and clarified the duties of the Mayor. The Council's direction to staff was to bring back the GRTF's recommendations that the Vice Mayor be selected every two years in a form ready for adoption. She explained that the Ordinance includes the GRTF's recommendations. Discussion followed regarding the timing of the rotation of the Vice Mayor and the fact that the Vice Mayor is more than just a "title." Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed. MOTION: Council Member Johnson MOVED to APPROVE Ordinance(0)01-22 amending by reference the current "Article 2-1, Council" and "Article 2-2, Mayor," of the Oro Valley Town Code with the following change to 2-1-4: "At the first regular Town Council meeting in January of each calendar year, the Town Council shall elect one of its members as Vice Mayor by a majority vote. Those Council Members eligible each January are only those whose terms 09/19/01 Minutes,Council Regular Session 11 will not expire in June of that calendar year. Council Member Rochman SECONDED the motion. DISCUSSION followed regarding whether January, June or November would be a better date for the appointment of Vice Mayor. CALL FOR THE QUESTION Motion carried, 5 —0. 11. PUBLIC HEARING —RESOLUTION NO. (R)01-83 OVl 1-00-04 AMENDING THE GENERAL PLAN BY REDESIGNATING 83.31 ACRES LOCATED NORTH OF TANGERINE ROAD, IN THE AREA OF THE PROPOSED LA CANADA EXTENSION, FROM RURAL LOW DENSITY RESIDENTIAL TO LOW DENSITY RESIDENTIAL AND AMEND THE URBAN GROWTH BOUNDARY Planning and Zoning Administrator Bryant Nodine reviewed the Council Communication and an overhead map of the area. He also reviewed the current and proposed General Plan Land Use designations of the parcels, the Urban Growth Boundary (UGB) alignment in the area and the requested change to the UGB (moving it to the western edge of the properties.) Mr. Nodine then reviewed the Four Findings of Fact that would constitute a General Plan amendment: 1) The amendment constitutes an overall improvement to the General Plan and is not solely for the benefit of a particular landowner or owners at a particular point in time. 2) The amendment is consistent with the vision, goals, and policies of the General Plan. 3) The General Plan Land Use Map does not provide appropriate optional sites for the use proposed in the amendment. 4) The amendment will not adversely impact the community as a whole or a portion of the community without an acceptable means of mitigating these impacts through the subsequent zoning and development process. He explained that the proposed La Canada Drive extension would bring in infrastructure and services that would provide opportunities for development. He stated the impacts on the UGB are consistent with General Plan Policies 1.1A, 1.2F, and 5.1D. Mr. Nodine reported that the applicant and the neighbors have met several times and have worked out proposals and changes that addressed the neighbors' concerns. He also explained that the General Plan amendment does not meet Finding of Fact#3. However, the La Canada Drive extension is "a given," and when constructed will bring urban services to the area. Also, the agreement reached between the applicant and the neighbors makes the request for the General Plan amendment viable. He stated that it provides densities that give a good transition between the urban and rural densities, and the General Plan amendment and subsequent rezoning would provide an opportunity for the Town to acquire right-of-way for La Canada Drive. Mr. Nodine stated that the Planning and Zoning Commission and staff recommend approval of the General Plan amendment. Town Engineer Bill Jansen explained that the La Canada Drive Extension is on a "fast track" and the Design Contract has been awarded. He stated that the target date for starting construction is 09/19/01 Minutes,Council Regular Session 12 2003 with the finish datep rojected in 2004. He explained that environmental and archeological studies are under way along with right-of-way acquisitions. Carl Winters, 270 N. Church, representing the applicants, explained that the Consulting Engineer has been in contact with him to discuss alignment issues. Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed. MOTION: Council Member Rochman MOVED to ADOPT Resolution No. (R)01-83, OV 11- 00-04, amending the General Plan by realigning the Urban Growth Boundary to follow the section line between Sections 34 and 35, Township 11S and Range 13E and redesignate the Fidelity National Trust, Tremont Trust and Alden properties from Rural Low Density Residential to Low Density'Residential 0.6 to 1.3 dwelling per acre west of the wash and 1.3 to 2.0 dwelling units per acre east of the wash subject to conformance with the concept plan for fidelity National Trust property and the policies listed in Exhibit "A." Exhibit"A" 1. A request for rezoning of the Fidelity National Trust, Tremont Trust and Alden properties shall not be effective until the right-of-way for La Canada Drive has been procured and the final design has been approved by Town Council. 2. The Land Use designation for the Fidelity National Trust, Tremont Trust and Alden shall not exceed Low Density Residential 0.6 to 1.2 dwelling units per gross acre west of the wash and 1.3 to 2.0 dwellings per gross acre east of the wash. Council Member Wolff SECONDED the motion. Mayor Loomis recessed the meeting at 10:50 p.m. to allow staff time to clear up a discrepancy in numbering of the Resolution. The meeting was resumed at 10:55 p.m. Town Attorney Dan Dudley asked that the record reflect with respect to Agenda Item #9, that Resolution No.(R)01-82 was properly agendized but the motion inadvertently referred to Resolution No. (R)01-81. (Motion on Item #9 was changed to reflect the correct number, (R)01- 82.) MOTION carried, 5 —0. 12. 0V12-00-05 PRELIMINARY PLAT FOR RANCHO VISTOSO NEIGHBORHOOD 7, PARCEL A, LOCATED SOUTH AND ADJACENT TO MOORE ROAD, WEST AND ADJACENT TO HIGHLANDS WASH, AND EAST OF VISTOSO RIDGE SUBDIVISION Community Development Director Brent Sinclair reviewed an overhead map representing the proposed preliminary plat for Rancho Vistoso Neighborhood 7, Parcel A. He explained that this item was before the Town Council on August 12, 2000 and was approved at that time. However, the preliminary plat expired in February 2001 during the project management transfer. He explained that The WLB Group has now requested approval of a preliminary plat for 53 single- family residential lots. The proposed density is 2.7 RAC, which complies with the medium density residential standards in the Rancho Vistoso Planned Area Development. Mr. Sinclair 09/19/01 Minutes,Council Regular Session 13 explained that the conditions of the original preliminary plat have been met and staff recommends approval of the preliminary plat. In response to a question from Mayor Loomis, Mr. Sinclair stated that the item was returned to the Development Review Board for review. MOTION: Council Member Johnson MOVED to APPROVE OV 12-00-05, the Preliminary Plat for Rancho Vistoso Neighborhood 7, Parcel A. Council Member Wolff SECONDED the motion. Motion carried, 5 —0. 13. OV12-00-18 DEVELOPMENT PLAN FOR THE ATA BLACK BELT ACADEMY LOCATED ON THE SOUTHWEST CORNER OF LA CANADA DRIVE AND NARANJA DRIVE NORTH OF THE SOMBRA OFFICE COMPLEX (PARCEL #22424009U) Planning and Zoning Administrator Bryant Nodine reviewed the Council Communication and explained that Full Circle Engineering is requesting approval of a Development Plan for the ATA Black Belt Academy to be located at the southwest corner of La Canada Drive. This project will consist of two separate single story buildings and will include 9,000 square feet of retail/office space. He explained that the development would provide sufficient parking, landscaping and pedestrian circulation between both buildings and the adjacent sites. He explained that all issues for access to the site have been worked out. Mr. Nodine further explained that impacts to the neighbors at the Eagle Bluffs subdivision have been mitigated by a wall and extensive landscaping. He stated that staff recommends approval of the Development Plan for ATA Black Belt Academy as it meets all Zoning Code requirements. In response to a question from Mayor Loomis, Mr. Nodine explained that headlights from traffic would be adequately screened from the neighboring residences. Lee Feiles, Full Circle Engineering, 890 W. Grant Road, representing the owner/developer, stated that they did not have a problem with the proposed condition on the site regarding a traffic control device being integrated at the improvement plan phase. MOTION: Council Member Rochman MOVED to APPROVE OV12-00-18, Development Plan for ATA Black Belt Academy, with the condition in Exhibit"A." A) 1. A traffic-calming device must be integrated into the site at the improvement plan stage. Council Member Johnson SECONDED the motion. DISCUSSION: In response to a question from Mayor Loomis, Town Engineer Bill Jansen explained that they would look at appropriate signage when the item comes forward in the improvement plans and it would be covered under the condition as proposed in Exhibit"A". MOTION carried, 5 —0. 14. DISCUSSION AND/OR POSSIBLE ACTION RELATING TO THE ORO VALLEY MUNICIPAL PROPERTY CORPORATION AND THE TOWN OF ORO 09/19/01 Minutes,Council Regular Session 14 VALLEY V. CANADA HILLS WATER CO. LTD. PARTNERSHIP AND NOTRE DAME INVESTORS, INC. MOTION: Council Member Johnson MOVED to APPROVE the Settlement Agreement and to authorize the Mayor to execute the agreement. Council Member Wolff SECONDED the motion. Motion carried, 5 —O. 15. DISCUSSION AND/OR POSSIBLE ACTION RELATING TO ASPEN GREEN V. CITY OF TUCSON U.S. DISTRICT COURT, CAUSE NO. CIV 98-456 TUC-RCC MOTION: Council Member Wolff MOVED to ACCEPT the recommendation of the Town Attorney as provided in Executive Session on this date. Vice Mayor LaSala SECONDED the motion. Motion carried, 5—0. 16. DISCUSSION AND/OR POSSIBLE ACTION RELATING TO WONG FAMILY, L.L.C.V. TOWN OF ORO VALLEY, PIMA COUNTY CAUSE NO. 20005064 MOTION: Council Member Rochman MOVED to CONFIRM the filing of the Notice of in this case and to direct the Town Attorney y to continue the prosecution of this appeal. Council Member Johnson SECONDED the motion. Motion carried, 5 —0. M. RESOLUTION NO. (R)01-80 ADOPTING THE REVISED TOWN COUNCIL PARLIAMENTARY RULES & PROCEDURES AND CODE OF CONDUCT OF THE ORO VALLEY TOWN COUNCIL Member Rochman asked that the following change be made to the Parliamentary Rules and Procedures as follows: Page 8 - 5.2A Agendas-Change four (4)months to three (3)months Council Member Rochman also asked that "unexcused absences"be defined as used on Page 10 - 7.1. Town AttorneyDudley Dan stated that "unexcused absences"would be as defined pursuant to State Statutes, which would give the Council virtually unlimited discretion in determining what an "unexcused absence" was. Mayor Loomis asked that the following addition be made to the Parliamentary Rules and Procedures as follows: Page 15 - 10-5 —Add "In the majority of Town Council actions,motion(s) should be made in the affirmative." MOTION: Council Member Rochman MOVED to APPROVE Resolution No. (R)0l-80, adopting the revised Town Council Parliamentary Rules and Procedures and Code of Conduct of p g the Oro Valley Town Council with the following changes: Page 8 - 5.2 A Agendas —Change four(4) months to three (3) months and Page 15 - 10-5 —Add "In the majority of Town Council actions, motion(s) should be made in the affirmative." Council Member Wolff SECONDED the motion. Motion carried, 5 — 0. TOWN MANAGER'S REPORT No report. 09/19/01 Minutes,Council Regular Session 15 CALL TO AUDIENCE No speakers. ADJOURNMENT MOTION: Council Member Wolff MOVED to adjourn at 11:20 p.m. Council Member Rochman SECONDED the motion. Motion carried, 5 —0. Respectfully submitted, Roxana Garrity, Deputy Town Clerk l hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular session of the Town of Oro Valley Council of Oro Valley, Arizona held on the_19th_ day of September,2001. 1 further certify that the meeting was duly called and held and that a quorum was present. Dated this day of , 2001. Kathryn E. Cuvelier, CMC Town Clerk Z r- -4 70' -I m 0 --I 0 Cr) n o i cn � - O U) _'O '""1 � i M M 0 0 K�7J'��1 ... 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H SUBJECT: OV12-95-14 SUBSTITUTE ASSURANCE AGREEMENT BETWEEN DAYSTAR HOMES L.L.C., AND FIRST AMERICAN TITLE INSURANCE AS TRUSTEE OF RIVERS EDGE LOTS 70 THROUGH 102,COMMON AREAS A AND B. SUMMARY: Daystar Homes L. L. C., has purchased Lots 70 through 102, Common Areas A and B, therefore they request the approval of a Substitute Assurance Agreement. RECOMMENDATIONS: Staff has no objections to this request. SUGGESTED MOTION: The Town Council may wish to consider the following motion: I move to approve OV12-95-14, Substitute Assurance Agreement for Daystar Homes L. L. C., for Rivers Edge, lots 70 through 102, and Common Areas A and B. ATTACHMENTS: Substitute Assurance Agreement r. -,. Plann :� d Zoning •ministrator itt_ILAI IIA.-_- C 416'u 7 ty Develo -��nt Director / p1 J Town ' anager F:\individ\sag\assur\tccrel } WHEN RECORDED MAIL TO: TOWN OF ORO VALLEY ASSURANCE COORDINATOR 11000 N. LA CANADA ORO VALLEY,AZ 85737 TOWN OF ORO VALLEY SUBSTITUTE ASSURANCE AGREEMENT FOR COMPLETION OF SUBDIVISION IMPROVEMENTS BY THIS AGREEMENT made and entered into the day of , 2001, between DAYSTAR HOMES, L.L.C., an Arizona limited liability company, as Beneficiary under Trust Nos. 4917 (referred to in this Agreement as "Subdivider"); FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, as Trustee under Trust Nos. 4917 (referred to in this Agreement as "Trustee"); and the TOWN OF ORO VALLEY, a municipal corporation, (referred to in this Agreement as "Town"), hereby confirm and agree as follows: 1.01 Trustee, p ursuant to the land trust agreement described in Exhibit "B" is the owner of a certain parcel of land described in Exhibit "A", which is located in the Town of Oro Valley, Pima County, Arizona. 1.02 The parties to this Agreement wish to establish specific terms, conditions and guidelines for compliance with the provisions of ARS Section 9- 463.01(C)(8) - 463.01 C 8 and Chapter 4, Article 4-9 of the Oro Valley Zoning Code Revised. II AGREEMENT 1.03. In consideration of the Town approving a final plat for the property described in Exhibit "A", commonly referred to as Subdivision Name Rivers Edge, Lots 70 through 102 and Common Areas "A" and "B", Oro Valley Case No. OV12-95-14, the Trustee and Subdivider specifically agree to all those conditions and requirements set forth herein. 2.01. Property Description: The property which is the subject matter of the Agreement is all that property described in Exhibit "A", which is annexed to and made a part of this Agreement. 2.02. Assurances. Pursuant to the requirements of ARS Section 99463.01(C)(8), this Agreement is submitted as an assurance for the completion of subdivision improvements including streets, water, telephone, gas and electric utilities, drainage and flood sewer, p control improvements and monuments and property corners as more fully described in Exhibit "C" attached hereto and as required pursuant to applicable Federal, State, County g and Town ordinances and regulations. These subdivision improvements are required by the Town of Oro Valley,the improvement standards of the Director of Water, Pima CountyWastewater Management Department, the gas and electric utilities and State Statutesregulations,and re ulations,which requirements are in effect on the date of execution of this Agreement. 2.03. Limitation of Transfer of Title. The Trustee shall not convey title to any of the property described in Exhibit "A" without obtaining prior written approval from the p Y Town in the form of a Release of Assurance signed by the Town Engineer. The Trustee mayact in full faith and reliance upon the Release of Assurance. A Release of Assurance shall only provided be to the Trustee by the Town upon satisfactory completion and formal acceptance by the Town of the required improvements. The Trustees only duty under this Agreement is not to convey without first obtaining a Release of Assurances. 2.04. Contracts for Sale. The limitation on the conveyance of title contained in paragraph 2.03 notwithstanding, the Trustee may enter into contracts for sale of the g ra p described in Exhibit "A", provided such contracts clearly state that the property conveyance of title to the property is subject to the limitations contained in this Agreement. The Trustee shall, prior to entering into such contracts for sale,provide the Town with a copy of the form of contract containing the disclosure of limitation on the power to convey. 2.05. Bulk Sales. The limitation on the conveyance of title contained in paragraph 2.03 notwithstanding, the Trustee may sell and convey all of the property described in Exhibit "A" in one transaction to a single purchaser, provided that the purchaser shall, prior to conveyance, have submitted to the Town satisfactory assurances for the completion of the required improvements. 2.06. Conveyance Out of Trust for the Purpose of Encumbrance. The limitation on the conveyance of title contained in paragraph 2.03 notwithstanding, the Trustee may convey all or part of the property described in Exhibit "A" to the Subdivider or Beneficiary of the Trust solely for the purpose of encumbering the property by the recording of mortgages or deeds of trust, provided the property is thereafter immediately reconveyed into the Trust. 2.07. Completion of Improvements. The required improvements shall be completed within two (2) years of the date that the Town Council approved the final plat. This period for completion of improvements may be extended subject to Town Council approval and applicable Town ordinances where Subdivider is prevented from pp completing the improvements by act of God, strike or similar event or circumstances 2 beyond its control or when such extension is determined to be reasonable and prudent by the Town Council. Any such extension granted shall not exceed one (1) year. 2.08. Substitution of Assurances. At any time during the period described above in paragraph 2.07 for the completion of improvements (or, if such time for completion of the required improvements has been extended by subsequent agreement of the parties, at any q p time on or before such extended date for the completion of improvements), Subdivider or Trustee mayoffer substitute assurances. Such assurances shall be in a form and amount acceptable to the Town and shall be subject to review and approval by the Oro Valley Town Council. 2.09 Inspection and Acceptance of Improvements. The Town may provide for the p inspection of the required improvements to insure satisfactory completion. The Town p will not accept dedication of the required improvements, nor release, in whole or in part, any pp Y subject ert sub'ect to the Agreement until the improvements have been satisfactorily completed and accepted by the Town Engineer. 2.10. Partial Release of Assurances. The Town may provide the Trustee with a Release of Assurance for a portion of the lots created by the subdivision plat attached as Exhibit "A", rovided that all of the improvements required in connection with such lots p have been satisfactorily completed and accepted by the Town and provided further that such improvements can bk.),used and maintained separately of the improvements required for the entire subdivision plat. For example, temporary cul-de-sacs should be provided for incomplete streets; water, sewer, gas, telephone and electric facilities should be capable of independent operation; and adequate access for public safety vehicles should p p be provided. 2.11. Failure to Complete Improvements. In the event that Subdivider fails to complete the required improvements within the period in paragraph 2.07 above, the parties agree that the Town may initiate a process to re-plat that portion or portions of the property described in Exhibit "A" for which the improvements have not been p Y satisfactorily completed. The purpose of such plat initiated by the Town will be to return thero ert to approximately the same boundary configurations of record existing before p p Y pp recording of the subdivision plat described in Exhibit "A". Prior to initiating any action to re-plat the portion of property for which improvements have not been completed, the Town shall provide the Trustee and Subdivider with thirty (30) days written notice of the Town's intent to re-plat. The notification shall be sent by first class mail, shall be deemed received upon mailing and shall be sent to the following addresses: First American Title Insurance Company Daystar Homes, L.L.C. 1880 E. River Road, Suite 1209 P. O. Box 5631 Tucson, Arizona 85718 Tucson, Arizona 85703 Trustee Subdivider 3 The Trustee and Subcivider, as record owner and subdivider, respectively, agree that execute suchplat returningrelevant portions of the property to approximately they will the same boundary configuration confi uration of record existing before recording of the plat described in Exhibit "A". Thep arties hereto have executed this Agreement this__day of 2001. TOWN OF ORO VALLEY A municipal corporation MAYOR COUNTERSIGNED: As Town Clerk and not personally APPROVED AS TO FORM this day of , 2001. Dan Dudley, Town Attorney First American Title Insurance DEVELOPER/SUBDIVIDER: Company, a California corporation as Trustee under Trust o. 4977 DAY`TAR HOM S, L.L.C. an Ari'ona lim d liability company By / By Bri tte, - ave Joli an Martinez Its:Assistant Vice President Its:M.-- ._ger 4 STATE OF ARIZONA) ) ss COUNTY OF PIMA ) was acknowledged before me this i EXHIBIT "A" LEGAL DESCRIPTION Lots 70 through 102 and Common Areas "A" and "B" of Rivers Edge according to the the Office of the County Recorder of Pima County, Arizona, recorded plat of records in in Book 47 at Page 58 . 6 EXHIBIT "B" Recording Requested by: FIRST AMERICAN TITLE When Recorded Mail To : First American Title 1880 E. River Road #120 Tucson, Arizona 85718 Attn: Trust Dept . DECLARATION OF TRUST AND AFFIDAVIT FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, was employed to act in a Trustee capacity under its Trust Nos . 4917 and hereby declares that it has acquired title to various parcels of property in the name of Trust No . and 4917 . The beneficiary (beneficiaries) of said Trust No . 4891 are : NAME ADDRESS Daystar Homes, L.L. C . P .O. Box 5631 Tucson, AZ 85703 li �idaY of ,�. :/- ,, 200 . DATED thls al4 i FIRS AMERICA , ; E. INSURANCE COMPANY, a ± nia corporation / / By: .7 Brigi e have, Assi ant Vice President 7 , STATE OF ARIZONA) ) ss : COUNTY OF PIMA ) 1 Subscribed and sworn to me this f, day of ; ,_ 2001 ,by Brigitte itte Echave, Assistant Vice President of rIRST AMERICAN TITLE INSURANCE COMPANY, a California corpo ation and that she as such officer, being authorized to do so, g executed the foregoing instrument for the purpose therein contained by signing the name of the Corporation as Assistant Vice President . }, r f,,;, ,/,., if f. 77) ey i , / (} / J- 7'4 al-4-4 � �+, ��({ NOTARY , BLIC d '// MY COMMISSION EXPIRES : /7- 69 - c;2-00 c_----_..--.%.,...--,,-...7 •.... - � .• ►: OFFICIAL SEAL" Kti yl > Rachel nn Turnipseed ��' . Notar - <<<: y Public-Arizona -:� Pima County ' +�y Gomm.Expires 7/2/2004 , 8 EXHIBIT "C" Subdivision Name : Rivers Edge OV Case No. : OV 12-95-14 Trust No. : 4917 The following improvements rovements and conditions are made apart of the attached Assurance Agreement: 1. Paving, grading, and drainage improvements included in Cella Barr Job #103566080240 2. Ap ublic water system satisfactory to the Canada Hills Water Utility. 3. A sanitary water system satisfactory to Pima County Wastewater Management. 4. A telephone distribution system satisfactory to US West Communications. 5. An electric distribution system satisfactory to Tucson Electric Power Company. 6. Fire Hydrants and other fire appurtenances satisfactory to the Rural Metro Fire Department. 7. A naturalg as distribution system satisfactory to Southwest Gas Corporation (if gas is being utilized in the subdivision). 8. Utility trenches and civil appurtenances satisfactory to the using utilities. 9. Installation of all street signs and street striping. 10. The Professio:'al Engineer of Record shall certify, in writing, that all improvements,whether private or public,have been constructed,placed, p installed, etc. in substantial conformance with the approved plans for this development. Certifications, in writing, are to be received by the Town Engineer of the Town of Oro Valley and the Oro Valley Water Utility. 9 Exhibit "C" -page 2 11. The Soils Engineer of record or other Registered Professional Civil Engineer with expertise in the areas of soils engineering shall certify, in writing, that all materials utilized on this development are in conformance with the accepted plans and specifications. Certifications, in writing, are to be received by the Town of Oro Valley prior to the request for building permits and/or final inspection and release of assurances. 12. The Soils Engineer of Record or other Registered Professional Civil Engineer with expertise in the area of Soils Engineering shall certify, in writing, that all soils operations for this development were performed in accordance with the recommendations as set forth in the Soils Report and any amendments thereto, by Terracon., Job No.63935249, dated December 16, 1993. Certification, in writing, is to be received by the Town Engineer of the Town of Oro Valley prior to the request for any building permits and/or final inspection and the release of assurances. 13. As-built drawings shall be provided to the Town of Oro Valley Public Works Department prior to full release of assurances. ADEQ approval of construction shall be provided to the Town of Oro Valley Water Utility prior to any water service being provided. 10 0- 1 TOWN OF ORO VALLEY D COUNCIL COMMUNICATION MEETING DATE: October 3, 2001 TO: HONORABLE MAYOR& COUNCIL FROM: Martin Roush, P.E. Planning Division Manager SUBJECT: Resolution No. (R) 01- 86 , authorizing the execution of an Intergovernmental Agreement between Pima county and the Town of Oro Valley to transfer County Bond funds to the Town of Oro Valley for the design and construction of the Canada Del Oro Linear Park situated between La Canada Drive and First Avenue. Background: Pima County held a Special Bond Election in May 1997. At that time, $1,000,000 was approved for the construction of the COO Linear Park located on the south bank of the wash between First Avenue and La Canada Drive. This section of the linear park is part of a Master Plan Park System originally conceived in 1976, updated in 1986 and 1996, to establish a continuous river trails system along approximately 100 miles of river corridors in the greater Tucson area. In December 1999, the Town of Oro Valley Pedestrian and Bicycle Plan was adopted by Mayor and Council, also supporting the river park concept. Pima County had originally planned to design and construct the project in fiscal year 2002/3. However, due to time constraints, Pima County has agreed to allow the Town of Oro Valley assume responsibility for the project. Town of Oro Valley Department of Public Works staff is willing to accept responsibility for the design and construction of the project under the terms of the Intergovernmental Agreement. ATTACHMENTS: 1. Attachment"A" Proposed Project Location Map 2. Attachment"B" Resolution (R) 01-86 3. Attachment"C" Intergovernmental Agreement FISCAL IMPACT: Pima County will transfer $1,000,000 to the Town of Oro Valley upon receipt of written request for such payment from the Town of Oro Valley following execution of this Agreement by the Pima County Board of Supervisors. Total cost for the design and construction of the project is estimated to be approximately $1.6 million. The bond money will cover the costs of design, engineering, and three pedestrian bridges that are necessary to cross the inlets. The remaining $600,000 will need to come from Town funds or other sources. RECOMMENDATIONS: Staff recommends approval of Resolution Number(R) 01 -86, thus executing the Intergovernmental TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 Agreement between the Town of Oro Valley and Pima County to transfer County Bond funds to the Town of Oro Valley for the design and construction of the Canada Del Oro Linear Park. SUGGESTED MOTION: I move to approve Resolution Number (R) 01-86 , authorizing the execution of an Intergovernmental Agreement between Pima county and the Town of Oro Valley to transfer County Bond funds to the Town of Oro Valley for the design and construction of the Canada Del Oro Linear Park. Or I move to deny approval of Resolution Number (R) 01-$6 , authorizing the execution of an Intergovernmental Agreement between Pima county and the Town of Oro Valley to transfer County Bond funds to the Town of Oro Valley for the design and construction of the Canada Del Oro Linear Park. Town Engineer Town Manager Oro Valley i 1 1 ri,- '', ,,_ i_ - _ �� / _'' .O er 0 _ 0 �_ ! 41%o tL 7 1 w u --I-----r3 Tangerine Rd�-t„�- -{-r / 6 6 —a! ieta .iiII1, 1 r k--- ' , 1 el c-- , 1 , ,a0e,, oi"-----"-----. ' I, t.a _,,--- jff R k f i ..,_:_f_j")„, Air O Project Area ,� Attachment "A" RESOLUTION NO. (R) 01-86 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND PIMA COUNTY FOR THE CONSTRUCTION OF THE CDO LINEAR PARK BETWEEN LA CANADA DRIVE AND FIRST AVENUE. WHEREAS, the Town of Oro Valley (the "Town") is authorized by Arizona Revised Statutes (A.R.S.) § 9-276 to establish and improve parks and public grounds and construct bridges, and WHEREAS, Pima County (the "County") and the Town of Oro Valley are authorized by Arizona Revised Statutes (A.R.S.) § 11-933 (A) to enter into a cooperative agreement for the establishment, development, maintenance or administration of a public park, and WHEREAS, The Town and County mutually agree that the construction of the Canada Del Oro Linear Park (the"Project") is in the best interest of the public; and WHEREAS, the Pima County Board of Supervisors included funding for the Project in the Bond Improvement Plan for the May 20, 1997 Special Bond Election; and WHEREAS, $1,000,000 is available for the Project from the County bonds authorized in the May 20, 1997 Special Elections; and WHEREAS, the County has agreed to transfer the $1,000,000 to the Town to design and construct the Project; and WHEREAS, the Town and County desire to cooperate in the construction of the Project; and WHEREAS, the Town and County are authorized by A.R.S. § 11-952 to enter into intergovernmental agreements for joint and cooperative action of this nature. NOW THEREFORE, BE IT RESOLVED, BY THE MAYOR AND THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA: 1. That the Intergovernmental Agreement, attached hereto as Attachment "C" and incorporated herein by this reference, by and between The Town of Oro Valley, Arizona and Pima County, Arizona, to utilize County bonds for the design and construction of the Canada Del Oro Linear Park Project is hereby approved. 2. That the Mayor is authorized to execute the agreement on behalf of the Town of Oro Valley. 3. That various Town administrative officials and employees are hereby authorized to take such steps as are necessary to execute and implement the terms of the Intergovernmental Agreement. PASSED AND ADOPTED bythe Mayor and Town Council of the Town of Oro Valley, Arizona this-day of October , 2001. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: Kathryn E. Cuvelier, Town Clerk Date APPROVED AS TO FORM: Dan L. Dudley, Town Attorney Date Intergovernmental Agreement Between Pima County and the Town of Oro Valley For Design and Construction of the Canada Del Oro River Park Path Oro Valley, Arizona (P-34) Table of Contents Recitals... ...... .................. ...... ... ... ...... ...... ...... ............ ............... .....1 1. Purp ose... ............ ...... ... ...... ... ...... ... ............... ... ......... ......... 3 2. Project......... ... ... ...... ... ...... ... ...... ......... ... ........................ ......3 3. Design and Construction Responsibilities3 4. Design... ... ...... ... ...... ......... ......... ......... ... ...... .................. ......3 a. Consultants .3 b. Standard Design Requirements ..3 i. "Design Standards"... ...... ..................................3 ii. "Design Features"... ... ... ..................... ............... 3 c. Coordinate Design Standards and Design 3 5. Construction... 4 6. County Review of Contracts......... ...... .............................. ... .....4 a. Prior to issuance of the Notice to Proceed 4 b. Change orders and supplemental agreements 4 c. Contract Claims . 4 d. Disputes ..4 7. Review of Bids; Termination......... ...... ............... ......... ......... .... 4 a. Bids exceed Engineer's Estimate ...4 b. Division of Costs 4 8. Utility Relocations..................... ..................... 5 9. Rights of Way and Construction Easements5 10. Right of Entry... ......... ... ............ ... ............ ... ... ... ............. 5 11. Project Permits5 12. Public Participation5 13. Project Manager and County Representative......... ............ ......... 14. Financing of the Project5 a. Allocation of Project costs 5 b. Town responsibility for excess costs ..5 15. Payment... ..• ..• ...5 16. Regulation of the Project During Construction... ... ...... ..................6 17. Inspection; Ownership of Materials... ... ......... ... ............ ..............6 a. Inspection 6 b. Ownership of installed materials, equipment And appurtenances .. 6 18. Term and Termination of Intergovernmental Agreement... . 6 a. Effective Date .6 b. Termination .6 i. For cause6 ii. At will...... ... ............ ... ............ ... ... ................. 7 iii. ARS § 38-511........................... ... ............ ... ... 7 iv. Non-appropriation... ...... ...... ......... ...... ...... ... ....7 v. Arbitrage7 vi. Legal authority...... ......... ............... ••. ... 7 viii. Ownership of property upon termination7 19. Indemnification... ... ...... ... ... ... ......... ...... ...... ......... ... ... ...... ... ... 8 a. Mutual Indemnity .8 b. Preexisting Conditions 8 c. Notice 8 d. Negligence of Indemnified Party .. 8 e. Survival of Termination......... .................. .............. 8 20. Insurance... ...... ... ......... ......... ...... ...... .................. ...... ...... 8 21. Public Art8 22. Accountingof Project Costs9 23. Books and Records...... ... ............ ... ...... ........................... ... ... 9 24. Inspection and Audit9 25. Construction of Agreement9 a. Entire Agreement 9 b. Amendment . 9 c. Construction and Interpretation 9 c. Captions and Headings ..9 26. Legal Jurisdiction............ ... ......... ... ............ ............ ......9 27. No Joint Venture............ ... ...... ...... ............ ...... ... ... .................9 28. Workers' Compensation... ... ... ...... ...... ...... ......... ...... ...... ... ... ... 10 29. No Third Party Beneficiaries............... ... ........................ ... ... .....10 30. Compliance with Laws...... ............ ... ............... ... ............ ... ......10 a. Anti-Discrimination .. 10 b. Americans with Disabilities Act .... 10 c. Compliance wit County Laws 10 31. Waiver10 32. Force Ma1jeure............... ............... ...... ...... ...... .................. .... 11 33. Remedies11 Intergovernmental Agreement Between Pima County and the Town of Oro Valley For Design and Construction of a portion of the CDO Riverpark Shared-Use Path Located Between La Canada Drive and First Avenue This intergovernmental Agreement is entered into by and between Pima County, a body politic and corporate of the State of Arizona ("County") and the Town of Oro Valley, Arizona ("Town") pursuant to ARS § 11-952. Recitals A. County and Town are authorized by ARS § 11-933 (A) to enter into a cooperative agreement for the establishment, development, maintenance or administration of a public park. B. Town is authorized by ARS § 9-276 to establish and improve parks and public grounds and construct bridges. C. County and Town may contract for services and enter into agreements with one another for joint or cooperative action pursuant to ARS § 11-952. D. County desires to provide recreational opportunities for the residents of Pima County under the Master Plan for River Parks. E. Town desires to provide a section of the River Park in Oro Valley. F. County and Town agree that a cooperatively engineered and constructed shared- use path is needed for northern Pima County. G. County and Town desire to cooperate in the design, construction, and maintenance of the Canada Del Oro Shared-Use Path Project (the "Project"), more fully depicted in the attached Exhibit A and incorporated herein. H. The Pima County Board of Supervisors included funding for the Project in the Bond Improvement Plan for the May 20, 1997 Special Bond Election. 1 I. The Pima County Board of Supervisors adopted guidelines for bonding disclosure, accountability and implementation of County bond projects in other jurisdictions in Pima County Code § 3.06.080, "Implementation of County Bond Projects in Other Jurisdictions" and Pima County Ordinance No. 1997035,Section VIII, "Implementation of County Bond Projects in Other Jurisdictions." J. The estimated total cost of the Project is approximately $1,612,781. K. $1,000,000 is available for the Project from County bonds authorized in the May 20, 1997 Special Election. L. Town intends to provide funding for any costs of the Project in excess of the $1,000,000 County bond funds. M. County and Town have agreed that Town shall design and construct the Project. Town shall advertise, award, execute and administer the design and construction contracts for the Project. N. Upon approval of the design contract for the DCR (30% plans) including a detailed cost estimate, the County will forward 50% of the DCR cost to be matched by the Town's 50%. 0. Construction of the Project is currently scheduled to commence on or before January 1, 2003, subject to acquisition of all necessary permits, easements and environmental clearances, and is currently estimated to be completed approximately (9) months after the start of construction. P. The Pima County Board of Supervisors authorized the Chair to execute this Intergovernmental Agreement by Resolution No. on the day of , 2001. Q. The Oro Valley Town Council authorized the Mayor to execute this Intergovernmental Agreement by Resolution No. on the- day of , 2001. NOW, THEREFORE, County and Town, pursuant tot he above, and in consideration of the matters and things hereinafter set forth, do mutually agree as follows: 2 Agreement 1. .Pur oseThe purpose of this Intergovernmental Agreement is to set forth the Purpose. responsibilities of the parties for the design, construction, maintenance and operation of the Project and to address legal and administrative matters among the parties. 2. 1ect. The Project consists of the design and construction of a paved, shared- usep ath with three pedestrian/bicycle bridges. No amenities are planned at this time but in the future, they will be constructed by the Parks and Recreation Department of the Town of Oro Valley. 3, Design and Construction Responsibilities. The Town is hereby authorized to design and construct the Project. 4. Design. a. Consultants. If consultants are employed to design any portion of the Project, the Town shall prepare the contracts for design and choose the consultants. The Town shall have the usual rights of the owner of a public design contract, including the authority to approve changes and make payments. b. Standard Design Requirements. Town shall use its Design Standards and Design Features for the Project. i. "Design Standards" are federal, state, county or municipal standards for engineering, traffic, safety or public works facilities design. Examples of Design Standards include the American Association of State Highway and Transportation Officials and Federal Highway administration standards for highway engineering and construction, the Pima County/City of Tucson Standard Specifications for Public Improvements, and Pima County and municipal design guidelines for roadway lane widths and level of drainage protection required. ii. "Design Features" are optional elements of roadway and public works facilities construction. Examples of optional Design Features include sidewalks, street lighting, bus stop shelters, landscaping elements, traffic noise barriers and public art features. c. Coordinate Design Standards and Design. County and town shall meet to coordinate Design Standards and Design Features prior to the commencement of construction. The Town shall provide County the opportunity to comment on all items that affect the design of the Project. Town design and field personnel shall work with their counterparts in the County for coordination purposes. Coordination shall include meetings and 3 information exchanges between corresponding personnel at all levels for the Project. 5. Construction. Town shall advertise, award, execute and administer all construction contracts for the Project. Town shall have the usual rights of the owner of a public construction contract, including the authority to approve changes and make payments. 6. County Review of Contracts. a. Prior to issuance of the Notice to Proceed. Town shall provide County the opportunity to review and comment on the solicitations for all contracts for the pp Y Project, including relevant scopes of work, prior to town's issuance of such solicitations. Town shall provide County the opportunity to review and comment on all contract modifications, including change orders and supplemental agreements, prior to the issuance to the contractor of a Notice to Proceed. Town may assume County has no comments on the documents submitted for review pursuant to this section if no comments are received by Town within twelve (12) working days following delivery of the documents to County. b. Change orders and supplemental agreements. Prior to execution, Town shall consult with County on all change orders and supplemental agreements with an estimated cost of more than $50,000. c. Contract claims. Town shall afford County the opportunity to review and comment on all contract claims prior to resolution thereof. d. Disputes. Any dispute regarding the contents of solicitations, award of p contracts, execution of contract modifications, issuance of change orders and supplemental agreements or resolution of contract claims shall be submitted to the Directors of the Pima County Flood Control District and the Oro Valley Department of Public Works. 7. Review of Bids; Termination. a. Bids exceed Engineer's Estimate. If the lowest responsible bid exceeds the Engineer's Estimate, County and Town shall conduct a joint review of the bids immediately following opening and consult upon a course of action. If a course of action is not agreed upon after thirty (30) days, this Agreement shall be deemed to terminate by mutual consent. b. Division of Costs. If upon joint review of the bids, Town or County gives written notice to the other that it elects not to proceed with the Project, or this Agreement is terminated by mutual consent, the costs incurred prior to such notice or termination shall be allocated equally to both parties. 4 8. Utility Relocations. Town shall coordinate all utility relocations for the Project. shall use its jurisdictional powers to assist Town in its utility relocation County efforts. 9. Rights of Wayand Construction Easements. Rights of Way exist within the Project area as a result of Flood Control Project 4FOVCDI-4. If any additional right of wayor easement is required, the Town shall make the acquisition. g of Entry. Execution of this Agreement by the parties grants to Town the 10. Right ry rightuponCounty-owned to enter lands for the purpose of constructing the Project. 11. Project Permits. Town shall obtain any approval, permission or permits necessary for construction of the Project. County shall cooperate with Town to obtain allp ermits necessary for completion of the Project and shall waive all fees associated with said permits. 12. Public Participation. Town shall coordinate the public participation process, and shall manage all public participation processes for design and construction of the Project. 13. Project Manager and County Representative. Town shall furnish a representative to perform the functions of a project manager (the "Project Manager"),, and County shall furnish a project coordinator (the "Project g Coordinator") to cooperate and consult with the Project Manager on all aspects of the Project. If the Project Manager and the Project Coordinator disagree on any J aspect of the Project, the issue in dispute shall be submitted to the Directors of p the Pima County Flood Control District and the Oro Valley Department of Public Works for resolution. 14. Financing of the Project. a. Allocation of Project costs. In accordance with the voter-approved bond issue of the May 20, 1997 Special Bond election, $1,000,000 of County bond funds has been allocated for the Project, when and if such bonds are issued. No County bond funds in excess of that amount may be expended for the Project without the prior amendment of this Agreement by the Board of Supervisors. b. Town responsibility for excess costs. Town intends to provide the funding for all costs of the Project in excess of the $1,000,000 provided by County. 15.Payment. a. County shall pay $1,000,000 (less the amount designated in Recitals, Section N) to Town upon receipt of written request for such payment from Town 5 following execution of this Agreement by the Pima County Board of Supervisors and written notice from Town of award of the construction contract for the Project. b. Town shallp rovide written notice to County on completion of construction of the Project. On completion of construction of the Project, Town shall conduct a Final Accounting of all costs of the Project and shall, within ninety (90) days of written notice of completion of construction to County, submit a detailed Final AccountingStatement to the County. Town shall, upon completion of Town's Final Accounting, refund to County any portion of County's $1,000,000 contribution not expended for the Project. 16.Reg ulation of the Project During Construction. Town shall have responsibility for an control over the Project during construction. Town shall provide a traffic controlP lan to County for comment prior to the commencement of construction. Town may assume County has no comments on the traffic control plan if no comments are received by Town within twelve (12) working days following delivery of said plan to County. 17.Inspection; Ownership of Materials. a. Inspections. County may inspect any portion of the Project construction for substantial compliance with drawings and specifications. Town shall allow County reasonable access to the Project site during and after construction. Town and County inspectors will cooperate and consult with each other during Project construction. b. Ownership of installed materials, equipment and appurtenances. Upon completion of all work under this Agreement, ownership and title to all materials, equipment and appurtenances installed shall automatically be vested in Town. Nor further agreement will be necessary to transfer ownership. 18.Term and Termination of intergovernmental Agreement. a. Effective Date. This Intergovernmental Agreement shall be effective on the date it is recorded with the Pima County Recorder and shall terminate upon completion and final acceptance of the construction for all parts of the Project. c. Termination. i. For cause. A party may terminate this Agreement for material breach of the Agreement by the other party. Prior to any termination under this paragraph, the party allegedly in default shall be given written notice by the other party of the nature of the alleged default. The party said to be in default shall have forty-five days to cure the default. if the default is 6 not cured within that time, the other party may terminate this Agreement. Anysuch termination shall not relieve either party from liabilities or costs already incurred under this Agreement. At will. Countyor Town may terminate this Intergovernmental �i. giving Agreement byivin sixty (60) days written notice. Such termination shall not relieve either party from those liabilities or costs already incurred under this Intergovernmental Agreement. iii. ARS § 38-511. This Intergovernmental Agreement is subject to the provisions of ARS § 38-511. pp iv. Non-appropriation, It is acknowledged that all obligations of the County and Town hereunder to make payments to or to incur costs for the specified Project shall be subject to annual appropriation by the P respective governingbodies and to any limitation imposed by budget p laws or other applicable state or local law or regulation, and are undertaken subject to and in accordance with such processes and constitutional limitations. Notwithstanding any other provision in this Intergovernmental Agreement, this Intergovernmental Agreement may be terminated if for any reason the Pima County Board of Supervisors or Oro Valley Town Council does not appropriate sufficient monies for thep �u ose of maintaining this Intergovernmental Agreement. In the event of such cancellation, County and Town shall have no further obligation to the other party other than for payment for services rendered prior to cancellation. v. Arbitrage. County mayunilaterally terminate this Intergovernmental Agreement whenever the County determines violations of federal arbitrage regulations are likely to occur and may reallocate the Project funds. vi. Legal Authority. Neither party warrants to the other its legal authority to enter into this Agreement. If a court, at the request of a third person, should declare that either party lacks authority to enter into this Agreement, or any part of it, then the Agreement, or parties of it affected by such order, shall be null and void and no recovery may be had by either party against the other for lack of performance or otherwise. vii. Ownership of property upon termination. Any termination of this _ Intergovernmental Agreement shall not relieve any party from liabilities 9 g or costs already incurred under this Intergovernmental Agreement, nor affect any ownership of the Project constructed pursuant to this Intergovernmental Agreement. 19.Indemnification. a. Mutual Indemnity. To the fullest extent permitted by law, each party to this Agreement shall indemnify, defend and hold the other party, its governing board or body, officers, department, employees and agents, harmless from and against anyand all suits, actions, legal or administrative proceedings, 9 claims, demands, liens, losses, fines or penalties, damages, liability, interest, attorney's, consultant's and accountant's fees or costs and expenses of whatsoever kind and nature, resulting from or arising out of any act or omission of the indemnifying party, its agents, employees or anyone acting under its direction or control, whether intentional, negligent, grossly negligent, or amounting to a breach of contract, in connection with or incident to the performance of this Agreement. b. Preexisting Conditions. To the fullest extent permitted by law, each party to this Agreement shall indemnify, defend and hold the other party, its governing board or body, officers, departments, employees and agents, harmless from and against any claims and damages, as fully set out above in Paragraph resulting 19(a), from or arising out of the existence of any substance, material or waste, regulated pursuant to federal, state or local environmental laws, regulations or ordinances, that is present on, in or below or originated from property owned or controlled by the indemnifying party prior to the execution p Y of this Intergovernmental Agreement. c. Notice. Each party shall notify the other in writing within thirty (30) days of the receipt of any claim, demand, suit or judgment against the receiving party for which the receiving party intends to invoke the provisions of this Article. Each partyshall keep the other party informed on a current basis of its defense of any claims, demands, suits, or judgments under this Article. d. Negligence of Indemnified Party. The obligations under this Article shall not extend to the negligence of the indemnified party, its agents or employees. e. Survival of Termination. This Article shall survive the termination, cancellation or revocation, whether in whole or in part, of this Intergovernmental Agreement. 20.Insurance. When requested by the other party, each party shall provide proof to the other of their worker's compensation, automobile, accident, property damage, and liability coverage or program of self-insurance. 21.Public Art. Public Art, in the amount of 1% of the construction cost, shall be included in the Project and shall be approved by both parties. 8 22. Accounting Project Project Costs. The Town shall account for all costs related to the Project. 23. Books and Records. Town shall keep and maintain proper and complete books, records and accounts, which shall be open for inspection and audit by dulyauthorized representatives of County at all reasonable times. All design and p construction drawings, records, documentation and correspondence shall be the property of Town. Within six months after final completion of the Project, Town p Y shallp rovide County with "As-Built" original drawings of the Project at no cost to the County. 24. Inspection and Audit. County may perform an inspection of the Project or an audit of any books or records of Town in order to verify that monies spent on the Project were done so in accordance with this Agreement. 25. Construction of Agreement. a. Entire Agreement. This instrument constitutes the entire agreement between the parties pertaining to the subject matter hereof, and all prior or contemporaneous agreements and understandings, oral or written, are hereby superseded and merged herein. b. Amendment. This Agreement shall not be modified, amended, altered or changed except by written agreement signed by both parties. c. Construction and Interpretation. All provisions of this Agreement shall be construed to be consistent with the intention of the parties as expressed in the recitals hereof. d. Captions and Headings. The headings used in this Agreement are for convenience only and are not intended to affect the meaning of any provision of this Agreement. e. Severability. In the event that any provision of this Agreement or the application thereof is declared invalid or void by statute or judicial decision, such action shall have no effect on other provisions and their application, and to this extent the provisions of the Agreement are severable. In the event that any provision of this Agreement is declared invalid or void, the parties agree to meet promptly upon request of the other party in an attempt to reach an agreement on a substitute provision. 26.Legal Jurisdiction. Nothing in this Intergovernmental Agreement shall be construed as either limiting or extending the legal jurisdiction of County or Town. 27.No Joint Venture. It is not intended by this Intergovernmental Agreement to, and nothing contained in this Intergovernmental Agreement shall be construed 9 to, create any partnership, joint venture or employment relationship between the parties or create any employer-employee relationship between County and any Town employees, or between Town and any County employees. Neither party shall be liable for any debts, accounts, obligations nor other liabilities whatsoever of the other, including (without limitation) the other party's obligation to withhold Social Security and income taxes for itself or any of its employees. 28. Worker's Compensation. An employee of either party shall be deemed to be an "employee" of both public agencies while performing pursuant to this Intergovernmental Agreement, for purposed of ARS § 23-906 in substantially the following form: All employees are hereby further notified that they may be required to work under the jurisdiction or control or within the jurisdictional boundaries of another public agency pursuant to an intergovernmental agreement or contract, and under such circumstances they are deemed by the laws of Arizona to be employees of both public agencies for the purposes of workers' compensation. 29. No Third Party Beneficiaries. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or affect the legal liability of either party to the Agreement by imposing any standard of care with respect to the maintenance of streets and highways different from the standard of care imposed by law. 30.Compliance with Laws. The parties shall comply with all applicable federal, state and local laws, rules, regulations, standards and executive orders, without limitation to those designated within this Agreement. a. Anti-Discrimination. The provisions of ARS § 41-1463 and Executive Order 75-5, as amended by Executive Order 99-4, issued by the Governor of the State of Arizona are incorporated by this reference as a part of this Intergovernmental Agreement as if set forth herein. b. Americans with Disabilities Act. This Agreement is subject to all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 4 USC 12101-12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 26. c. Compliance with County laws. Town agrees to comply with Pima County Code § 306.080, "Implementation of County Bond Projects in Other Jurisdictions" and Pima County Ordinance No. 1997-80, Section VIII, "Implementation of Transportation Projects in Other Jurisdictions." 31.Waiver. Waiver by either party of any breach of any term, covenant or condition herein contained shall not be deemed a waiver of any other term, covenant or 10 condition, or any subsequent breach of the same or any other term, covenant, or condition herein contained. 32.Force Majeure. A party shall not be in default under this Agreement if it does not fulfill any of its obligations under this Agreement because it is prevented or delayed in doing so by reason of uncontrollable forces. The term "uncontrollable forces" shall mean, for the purpose of this Agreement, any cause beyond the control of the party affected, including but not limited to failure of facilities, breakage or accident to machinery or transmission facilities, weather conditions, flood, earthquake, lightning, fire, epidemic, war, riot, civil disturbance, sabotage, strike, lockout, labor dispute, boycott, material or energy shortage, casualty loss, acts of God, or action or non-action by governmental bodies in approving or failing to act upon applications for approvals or permits which are not due to the negligence or willful action of the parties, order of any government officer or court }excluding orders promulgated by the parties themselves), and declared local, state or national emergency, which, by exercise of due diligence and foresight, such party could not reasonably have been expected to avoid. Either party rendered unable to fulfill any obligations by reason of uncontrollable forces shall exercise due diligence to remove such inability with all reasonable dispatch. 33.Remedies. Either party may pursue any remedies provided by law for the breach of this Agreement. No right or remedy is intended to be exclusive of any other right or remedy and each shall be cumulative and in addition to any other right or remedy existing at law or in equity or by virtue of this Agreement. In Witness Whereof, County has caused this Intergovernmental Agreement to be executed by the Chair of its Board of Supervisors, upon resolution of the Board and attested to by the Clerk of the Board, and the Town has caused this Intergovernmental Agreement to be executed by the Mayor upon resolution of the Mayor and Council and attested to by its Clerk. ATTEST: TOWN OF ORO VALLEY Kathi Cuvilier, Town Clerk Paul H. Loomis, Mayor ATTEST: PIMA COUNTY Lori Godoshian Raul M. Grijalva, Chairman Clerk of the Board Board of Supervisors 11 INTERGOVERNMENTAL AGREEMENT DETERMINATION The foregoing Intergovernmental Agreement between Pima County and the Town of Oro Valley has been reviewed pursuant to ARS §11-952 by the undersigned, who have determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to those parties to the Intergovernmental Agreement represented by the undersigned. Pima County: Town of Oro Valley Deputy County Attorney Town Attorney 12 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: October 3, 2001 TO: HONORABLE MAYOR & COUNCIL FROM: Steven Faaborg, Civil Engineering Technician • Resolution No. (R)O1- 87 , accepting those streets within the Ram's SUBJECT. Canyon subdivision as public streets. SUMMARY: Substantial build out has occurred within phases 1 and 2 of the Ram's Canyon p subdivision and the developer, Richmond-American Homes has requested that the Town assume maintenanceresponsibility res onsibilit for the internal streets in the subdivision. The rights- of-way have been dedicated to the Town of Oro Valley by plat and the streets have had a p surface treatment acceptable to the Town Engineer applied. The Department of Public Works staff has reviewed streets within the Ram's Canyon subdivision and find that they q meet the requirements for acceptance as set forth in the Town Code, Chapter 7 Article 7- 9-1 Acceptance of Deeded or Dedicated Streets, Drainageways and Rights-of-way. This resolution would formalize the acceptance of the following streets or street segments totaling approximately 1.07 miles: • Rams Field Pass from Oracle Road to the easterly boundary of the Ram's Canyon subdivision (a point 345.24' south and east of Skipping Rock Way). • Skipping Rock Way from Rams Field Pass to Flat Granite Drive. • Stone Stable Drive from Rams Field Pass to Flat Granite Drive. • Flat Granite Drive from and including the cul-de-sac north of Broken Rock Drive to and including the cul-de-sac south of Skipping Rock Way. • Gray Boulder Court from Broken Rock Drive north to and including the cul-de- sac. • Old Ram Court from Broken Rock Drive north to and including the cul-de-sac. • Broken Rock Drive from Rams Field Pass to a point approximately 125' east of Flat Granite Drive. The remainder of Broken Rock Drive is a part of Ram's Canyon phase 3, a five-lot subdivision that is not a part of this street acceptance. ATTACHMENTS: Resolution No. (R)01- 87 , A resolution of the Town of Oro Valley, Arizona accepting those streets within the Ram's Canyon, phase 1 and 2, subdivision as public streets, map of streets included. FISCAL IMPACT: Yearly maintenance costs would average approximately $13,500, including signage, sweeping, striping, crack-sealing and surface maintenance. This figure is based on a typical average cost of$0.75 per square yard of paving per year. TOWN OF ORO VALLEY COUNCIL COMMUNICATION PAGE 2 OF 2 RECOMMENDATIONS OF STAFF: The Department of Public Works recommends approval of Resolution No. (R)01- 87 , accepting those streets within the Ram's Canyon, phase 1 and 2, subdivision as public streets. SUGGESTED MOTION: I move to approve Resolution No. (R)01-$7 , accepting those streets within the Ram's Canyon, phase 1 and 2, subdivision as public streets. or I move to deny Resolution No. (R)01-87 , accepting those streets within Ram's Canyon, phase 1 and 2, subdivision as public streets. 14,)4.."4.•t—_, ..–_______ Department Head 0114 514(P•ed Town Manager RESOLUTION NO. (R)O1-87 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, ACCEPTING THOSE STREETS WITHIN THE RAM'S CANYON PHASES 1 AND 2 SUBDIVISION AS PUBLIC STREETS WHEREAS, the Town Council of the Town of Oro Valley, Arizona recognizes that Richmond-American Homes desires to dedicate to the Town, and has requested formal acceptance for maintenance, those streets within the Ram's Canyon phases 1 and 2 subdivision as public streets; and, WHEREAS, the developers have constructed those streets within the Ram's Canyon phases 1 and 2 subdivision with the intent that they be dedicated and turned over to the Town of Oro Valley for maintenance; and, WHEREAS, all conditions for repair and maintenance prior to acceptance, as set forth by the Town Engineer, have been met for those streets within the Ram's canyon phases 1 and 2 subdivision; and, WHEREAS, The Mayor and administrative officials of the Town of Oro Valley are authorized to take steps necessary to accept these streets on behalf of the Town of Oro Valley, Arizona; therefore, NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA AS FOLLOWS, THAT: 1. The Town Council hereby approves the acceptance of the following streets or street segments within the Ram's Canyon phases 1 and 2 subdivision as public streets: • Rams Field Pass from Oracle Road to the easterly boundary of the Ram's Canyon subdivision (a point 345.24' south and east of Skipping Rock Way). • Skipping Rock Way from Rams Field Pass to Flat Granite Drive. • Stone Stable Drive from Rams Field Pass to Flat Granite Drive. • Flat Granite Drive from and including the cul-de-sac north of Broken Rock Drive to and including the cul-de-sac south of Skipping Rock Way. • Gray Boulder Court from Broken Rock Drive north to and including the cul-de- sac. • Old Ram Court from Broken Rock Drive north to and including the cul-de-sac. • Broken Rock Drive from Rams Field Pass to a point approximately 125' east of Flat Granite Drive. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 3rd day of October , 2001. Paul H. Loomis, Mayor Date ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Date Dan L. Dudley, Town Attorney Date I \ !• .I 4111) , 1 \ 1 i ilfeN 1 ,O 1 0 i o _,,,eC o k,Z , , 1 , - �4 , , A\\- O [E, , 01 , /ee ) , , , i - , Oc' , 1 0 , D , r- 71 �, N m '0 M o— W e , C. 4 A 10;),/ 41, 0 iii,0 , Ai\ , 0 ! , . ,1 , . "vilw i , , . ' , . _ ;.6 0 'a. 14tt 7) a�\ 1 o 0) o 1' , AI 0 419 11 w.-- Iling talk ' 1 ! 3 /1- re t. t; I s -0 or rw( l , j 1.11 10,r/-6?) . .iii own . wegreilii... .,, '•,,,,.. 1 // i , /6, 0 4.,., 0) 1 = k< 0I 0 1 .,..,„:„ .. 1f , Ilp iir. , ,. • i i I 1 i , . ' 1. , ‘ 1 . 1 i ,_. 1 i 1 I I r , i 1 � )1> Z t TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: October 3, 2001 TO: HONORABLE MAYOR & COUNCIL FROM: Steven Faaborg, Civil Engineering Technician SUBJECT: Resolution No. (R)01-ss , accepting those streets within Sunridge II subdivision as public streets. SUMMARY: Substantial build out has occurred within the Sunridge II subdivision and the developers, Bill Dallman, Mike Arnold and Robert Lewis, have requested that the Town assume maintenance responsibility for the internal streets in the subdivision. The right-of-way has been dedicated to the Town of Oro Valley and the streets have had a surface treatment acceptable to the Town Engineer applied. The Department of Public Works staff has reviewed streets within the Sunridge II subdivision and find that they meet the requirements for acceptance as set forth in the Town Code, Chapter 7 Article 7-9-1 Acceptance of Deeded or Dedicated Streets, Drainageways and Rights-of-way. This resolution would formalize the acceptance of the following streets or street segments totaling approximately 0.82 miles: • Piping Rock Road from the southern boundary of the Sunridge II subdivision (a point 223.09' south of the centerline of Soaring Hawk Place) to the northern boundary of the Sunridge II subdivision (a point 206.61' north of the centerline of Kachina Ridge Place). • Soaring Hawk Place from and including the cul-de-sac west of Piping Rock Road to the eastern boundary of the Sunridge II subdivision (a point 794.38' east of the centerline of Piping Rock Road). • Silver Eagle Court from and including the cul-de-sac west of Piping Rock Road to and including the cul-de-sac east of Piping Rock Road • Sedona Ridge Place from and including the cul-de-sac west of Piping Rock Road to Piping Rock Road. • Kachina Ridge Place from Piping Rock Road east to and including the cul-de- sac. ATTACHMENTS: Resolution No. (R)01-ss , A resolution of the Town of Oro Valley, Arizona accepting those streets within the Sunridge II subdivision as public streets, map of streets included. FISCAL IMPACT: Yearly maintenance costs would average approximately $10,500, including signage, sweeping, striping, crack-sealing and surface maintenance. This figure is based on a typical average cost of$0.75 per square yard of paving per year. TOWN OF ORO VALLEY COUNCIL COMMUNICATION PAGE 2 OF 2 RECOMMENDATIONS OF STAFF: The Department of Public Works recommends approval of Resolution No. (R)01- 88 , accepting those streets within the Sunridge II subdivision as public streets. SUGGESTED MOTION: I move to approve Resolution No. (R)01-88 , accepting those streets within the Sunridge II subdivision as public streets. or I move to deny Resolution No. (R)01-88 , accepting those streets within the Sunridge II subdivision as public streets. \''N' '''>.7_.----__ ---13 cA.A____:,..._ ‘ ________ , CDepartment Head \' atiodcc,"4.4 zi.„..,--- Town Manager RESOLUTION NO. (R)01- 88 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, ACCEPTING THOSE STREETS WITHIN THE SUNRIDGE II SUBDIVISION AS PUBLIC STREETS WHEREAS, the Town Council of the Town of Oro Valley, Arizona recognizes that Bill Dallman, Mike Arnold and Robert Lewis desire to dedicate to the Town, and has requested formal acceptance for maintenance, those streets within the Sunridge II subdivision as public streets; and, WHEREAS, the developers have constructed those streets within the Sunridge II subdivision with the intent that they be dedicated and turned over to the Town of Oro Valley for maintenance; and, WHEREAS, all conditions for repair and maintenance prior to acceptance, as set forth by the Town Engineer, have been met for those streets within the Sunridge II subdivision; and, WHEREAS, The Mayor and administrative officials of the Town of Oro Valley are authorized to take steps necessary to accept these streets on behalf of the Town of Oro Valley, Arizona; therefore, NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA AS FOLLOWS, THAT: 1. The Town Council hereby approves the acceptance of the following streets or street segments within the Sunridge II subdivision as public streets: • Piping Rock Road from the southern boundary of the Sunridge II subdivision (a point 223.09' south of the centerline of Soaring Hawk Place) to the northern boundary of the Sunridge II subdivision (a point 206.61' north of the centerline of Kachina Ridge Place). • Soaring Hawk Place from and including the cul-de-sac west of Piping Rock Road to the eastern boundary of the Sunridge II subdivision (a point 794.38' east of the centerline of Piping Rock Road). • Silver Eagle Court from and including the cul-de-sac west of Piping Rock Road to and including the cul-de-sac east of Piping Rock Road • Sedona Ridge Place from and including the cul-de-sac west of Piping Rock Road to Piping Rock Road. • Kachina Ridge Place east to and including the cul-de-sac. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 3rd day of October , 2001. Paul H. Loomis, Mayor Date ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Date Dan L. Dudley, Town Attorney Date * ' ,-7 ..gt / \ / \\ \\ - \ ..,. ... • \.\\\ -- --------1- ; ..,., \ C N s,.N, : . , \\\\ \ •,, \ , / / / \ / \ \ . lh > \ . : • . 1 1 1 1 i i I / 01 ! • 1 , , . I \ , • CI) i 1 III K 7— , > \ N I I r— ' 1 . 1:11 ml M I i• • • 1 . , i.) , , , . i t-----------. \•, ,' \ „ III \'70 I , . 1 1 , 1 , ,________________ , (I) 0- II -• 1 .... . 0 • - w A. 0 , 1 4 1 a 'b. 116 1 44 I (0 •i i CO ft a . Ili j W 1 1 i CID '--.-------- 11 Iii , 1/7 I I . ::1 )19eltheNhkd ..... 17 , 1 2 I 1,J, • I i ; I ; I I • 1 , r I I I , • I I • / . I • - I 1 / i 1 / fr. . i ' . i M / ' .-----.• : -..i. nol-rils / . )iiii> z \ / / , , , A TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: October 3, 2001 TO: HONORABLE MAYOR & COUNCIL FROM: Kathryn Cuvelier, Town Clerk SUBJECT: CANCELLATION OR POSTPONEMENT OF NOVEMBER 21, 2001 REGULAR TOWN COUNCIL MEETING DUE TO THE THANKSGIVING HOLIDAY SUMMARY: Due to the g Thanksg ivin Holiday falling on the day after the Council's regular meeting this year, it is suggested that the regularly scheduled Town Council meeting on November 21st be postponed or cancelled. y SUGGESTED MOTION: I MOVE to cancel the November 21, 2001 Council meeting due to the Thanksgiving Holiday.... Or... I MOVE top ostpone the November 21, 2001 Council meeting due to the Thanksgiving Holiday, until D Oifent Head • -Town Mana:er TOWN OF ORO VALLEY 3 COUNCIL COMMUNICATION MEETING DATE: October 3, 2001 TO: HONORABLE MAYOR& COUNCIL FROM: Melissa Shaw, AICP, Project Manager SUBJECT: GENERAL PLAN UPDATE 2020 STATUS REPORT #1 BACKGROUND: Theprocess to update the Oro Valley General Plan (Update 2020, the Future in Balance) was initiated on p June 5, 2001. This is the first of monthly status reports to inform the Council of the status of the General Plan update project. The status reports will track events from project initiation through the end of the project, estimated to be November, 2002. An integral component of the processes is implementation of the Public Participation Action Plan (PPAP), adopted in July, 2000. The PPAP outlines the techniques and processes that Town staff, citizens and General Plan consultant will take to maximize public involvement in the update. A summary of the techniques recommended by the PPAP and the status of implementation is shown in Table 1 (see Attachment 3). A record of events is documented the "Public Participation Action Plan Implementation Diary" (see Attachment 1). This record describes the public participation event or technique, event date, type of action, such as "informational meeting", an evaluation of the event, such as attendance and responses, and "lessons learned". The implementation diary differs from the summary table below and contains more detail, specificity and is a record of all events, including those that go beyond the PPAP. Public comments are being recorded in a database entitled Update 2020 Citizen Comments. A sample of this database is included in Attachment 2. Both of these mechanisms are available for public review in the Planning and Zoning office and may be posted on the Update 2020 web site in the future. SUMMARY: A summary of the public participation techniques is included in the following attachments: Attachment 1, Public Participation Implementation Diary; Attachment 2, excerpt from Update 2020 Citizen Comments database; and Attachment 3, Public Participation Action Plan Technique Summary. RECOMMENDATION: Planning staff requests comment and feedback on the recording and reporting of implementation of the Public Participation Action Plan. SUGGESTED MOTION: None suggested. ATTACHMENTS: 1. Public Participation Action Plan Implementation Diary 2. Excerpt from Citizen Comment Database 3. Table 1, Public Participation Action Plan Technique Summary TOWN OF ORO VALLEY ( COUNCIL COMMUNICATION Page 2 of 2 hao Planning. oning Administrator Community Develop : t Director 6/12 oisti Town Manage \\OV PZD\PZ1\PROJECTS\GP2001\Staff Reports\Status Report#1 to TC.doc V — O O (TO 0 �_• U) �-• �` C a) C a) a) L o� O C 0 O 0) C C C OJ 0 O Q. u) .C) O C2. Ca_0 C FE .}.. 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O t!) - O 0 U) 0 0 c O to c C O 0 U c - cn > OU O (f) O co c O -a) 'cn c 0 1 ';--,',1 E O O C 0-T +'' E U O i-' V) CD •E - O 4= To Q) c .c .- a) E a) 0) --E, E a) 2N -c crS 0C CD O _ 0 0E0 °� � ° 00E •3 � E - `�' � coE � o E � � D O � E Oc En0 32 � � ..cam -oa) � N co >> c E > O .�.. �- �.., O O O -�... O O 4 -� W Y o0 00 Q o ui ai o I .c Ha_ c -c Q a .E rt-- r t-- r- '- r Vca_ :: : O O O O O O O O N N N a) OO 07 O O O it To ToTo To rt CC C C O O O O 40:t ,..-, ...., ,4,14:, .-ct co co co E E E E ` : 0 0 0 0 F: 4i,:t.:E cC c C O O O O U U U U O O O O E E E E 0 0 0 0 U U U U ;::;: 0) o 0 0 0 4 c c a) a) .0 .0 Cl) .0 is 2 2 co Co coo co co co co i2 12 12 0 0 o U U U U a Co Co U 0 0 Ai C/3 CO Co Co Co 3 a) a' a) cm a) It 0 0 0 0 0 .� s a0) a) a) a) o 0 o Q) o 0)) o a°)) �`` v) Co a. a. z z z z E N M d' LI) CD N. CO 6) O Ca N ATTACHMENT 3 Table 1 Public Participation Action Plan Technique Summary Technique Comments/Status Steering Committee Committee approved by Council 9/19/01. First meeting tentatively scheduled 10 meetings for 10/4/01. Technical Advisory Committee Committee approved by Council 9/19/01. First meeting will be scheduled for 5 meetings early October, 2001. Sector Boards Technique changed. One meeting held for all 7 boards, 2 representatives recommended for Steering Committee. Two sector board meetings were held. Approved Steering Committee does not include representatives from the former Sector Boards. Boards and Commissions To be scheduled through out the process. Leadership Interviews Approximately 3 leadership and 5 department interviews conducted at report 20 anticipated writing; additional scheduled for 9/27/01. Topic Focus Groups (5) To be scheduled November thru January, 2002. Future Search Conference Scheduled for October 27, 2001. Open Houses (3) To be scheduled, one prior to P&Z public hrg. on vision stmt.; one to present alternatives & 1 topic focus open houses to present draft elements. Landowner/Developer Forum Will be combined with Topic Focus Group on Land Use Patterns, Housing& Economic Development. Interviews with large property owners/developers. Public Hearings To be scheduled. Six meetings to adopt vision statement& select preferred alternative, in addition to final plan adoption Random Sample Survey In process of drafting questions. Goal to conduct survey prior to Oct. 27,2001 Future Search Conference. Informal Surveys No action to date. Project Database See Implementation Diary, Citizen Comment database and databases of interested citizens and groups. Storyboarding Will be utilized throughout the process. Project Web Page/E-Mail Project is on front page of Town of Oro Valley website and links to: www.update2020.com. Web site still under construction. Project Newsletter(3) In draft stage. Technical Reports (3) In draft stage. Press Communications Several major newspaper articles covering General Plan update to date. Press releases will be issued throughout process. Youth Forum No action to date. Develop curriculum as "mini" citizen planning institute and conduct on yearly basis in schools. Have a youth appointed to Steering Committee. Citizen Planning Institute Class begins 10/18/01. Schedule includes intensive General Plan coverage. Community Walk Abouts. Deleted due to time and staff constraints Community Characteristics No action to date. Preference Survey Planning Lecture Series Deleted due to time and staff constraints. Partnering with Community Will join with Oro Valley Jazz&Music Festival weekend of Oct. 20, 2001. Events Speakers Bureau Four informational presentations to date; 2 additional scheduled. Ongoing. Traveling Mobile Display No action to date *Revised June 28, 2001 by Town Council. .PROJECTS\GP2001\Staff Reports\PPAP summary table to TC.doc TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: October 3, 2001 TO: HONORABLE MAYOR& COUNCIL FROM: Mary Hartz-Musgrave, Managing Librarian SUBJECT: Consideration and/or Possible Approval of a Resolution NO. (R) 01-89 Authorizing and Approving the Execution of the Contract Between the Town of Oro Valley and Joe A. Tyler, Artist, Ironwood Botanical Sculptures, Inc. to Provide the Public Art, "Leaves Unfolding" Relating to the Library Project. SUMMARY: The Oro Valley Public Library's Public Art Selection Committee recommends to Town Council for approval the art proposal, "Leaves Unfolding", from Joe Tyler of Sun City, Arizona. The sculpture is a free standing outdoor sculpture depicting, learning, reading, and the literary arts with a mature tree emerging from a book. The roots that flow across the page of the book will contain legible script that is appropriate for a library setting and selected by staff. The final cost of the project is $27,000 and should be completed by April 29, 2002, the same date scheduled for final completion of the library. �.r UBLIC ART SELECTION COMMITTEE (PASC) ACTION: On May 14, 2001, the Town hired GOVAC to oversee the Oro Valley Public Library Art Project. Public meetings were held on June 19 and July 9, 2001 to select the final project. PASC reviewed 19 public art applications and selected four finalists at the first meeting. On July 9, 2001, PASC held presentations of the four finalists and voted to recommend this piece for approval. RECOMMENDATION: Staff recommends approval of the PASC's recommendation for the library's public art and recommends that the project be completed to coincide with the building's completion. Also, Staff recommends the following poem published by Primedia Corp. as appropriate script for the sculpture. The poem is appropriate for a library and understandable by children and adults. The more you read, the more you know. The more you know, the more you grow. The smarter you grow, the stronger your voice, When speaking your mind, or making your choice. Reproduced with permission from Highsmith, Inc. under license with Primedia Corp. TOWN OF ORO VALLEY OOUNCIL COMMUNICATION Page 2 of 2 SUGGESTED MOTION: The Town Council may wish to consider the following motion: I move to approve the Resolution NO. (R) 01-8 9 of the Mayor and Council of the Town of Oro Valley, Arizona, Authorizing and Approving the Execution of the Contract Between the Town of Oro Valley and Joe A. Tyler, Artist, Ironwood Botanical Sculptures, Inc. to Provide the Public Art, "Leaves Unfolding" Relating to the Library Project and the appropriate script for the sculpture published by Premedia Corp. /1. .__ ;AikL Managing,' ibrari.n 1-9N Community Development Director 4ar Town Manager Attachments: 1. Art Proposal for Oro Valley Public Library "Leaves Unfolding" (with budget) 2. Photograph of Sculpture 3. Recommendation for the Site Location for the Public Art 4. Letter giving copyright permission, dated August 30, 2001 5. Resolution NO. (R) 01-89 6. Contract Agreement for Outside Professional Services RESOLUTION NO. (R) O1-89 A RESOLUTION OF THE MAYOR AND COUNCIL, OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING AND APPROVING THE EXECUTION OF THE CONTRACT BETWEEN THE TOWN OF ORO VALLEY and JOE A. TYLER, ARTIST, IRONWOOD BOTANICAL SCULPTURES, INC. TO PROVIDE THE PUBLIC ART, "LEAVES UNFOLDING" RELATING TO THE LIBRARY PROJECT. 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,the Community Development sought public art for the Library Project; and WHEREAS, Community Development reviewed all bid proposals received in response to the project ect criteria and recommend awarding the contract to And JOE A. TYLER, ARTIST, � ndin IRONWOOD BOTANICAL SCULPTURES, INC. due to their overall project understanding, approach, and project team capabilities; and WHEREAS, Community Development negotiated the contract for $27,000 for the services of And JOE A. TYLER, ARTIST, IRONWOOD BOTANICAL SCULPTURES, INC. of which are estimated to be complete by April 29,2002; and WHEREAS, it is in the best interest of the Town to approve and execute the Contract to And JOE A. TYLER, ARTIST, IRONWOOD BOTANICAL SCULPTURES, INC., attached hereto as Exhibit "A" and incorporated herein by this reference, in order to gain the public art, "Leaves Unfolding" for the project. NOW, 'THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona, that the Contract Agreement between the Town of Oro Valley and And JOE A. TYLER, ARTIST, IRONWOOD BOTANICAL SCULPTURES, INC. to provide the public art, "Leaves Unfolding" to the Library Project relating to creation and installation of public art, shall by April 29, 2002. BE IT FURTHER RESOLVED that the Contract Agreement attached hereto as Exhibit "A" and incorporated herein by this reference, is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the Town of Oro Valley is hereby authorized to take such steps as are necessary to execute and implement the terms of the Agreement. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 3rd day of October , 2000. TOWN OF ORO VALLEY ATTEST: Paul H. Loomis,Mayor Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Dan L. Dudley, Town Attorney CONTRACT AGREEMENT FOR OUTSIDE PROFESSIONAL SERVICES This Agreement is made and entered into this day of ,2001,by and between the TOWN OF ORO VALLEY, hereinafter referred to as"Town," and JOE A. TYLER, ARTIST, IRONWOOD BOTANICAL SCULPTURES, INC., hereinafter referred to as "Contractor." SCOPE OF SERVICES A. Contractor will design, produce, and install artwork adjacent to the new Oro Valley Public Library currently under construction. Specifically, Contractor will create a full-scale welded steel sculpture of a mature multi-branched tree in leaf with roots flowing from the pages of an open book. The sculpture will be approximately eight feet by eight feet in area and sixteen feet tall. The features of the artwork will correspond to the model provided by the Contractor to the Selection Committee and the Town. The location of the sculpture on the Library grounds will be determined by the project architect and the Town's project manager in consultation with Contractor. B. As part of the design, Contractor will incorporate phrases or quotations provided by the Managing Librarian for the Town. C. The sculpture will be fabricated from steel by the Contractor in transportable sections and will be assembled and finished on site. D. Within twenty(20)working days of signing this contract, Contractor must submit for review and approval a schedule and detailed outline of planning, design and fabrication deadlines. Contractor must submit progress reports in the course of the contract period and note any changes or delays in the above- mentioned schedule. All schedules and outlines, including revisions, must be submitted, in writing,to the Town's Library Project Manager for approval. E. Before the artwork is constructed,the Contractor will submit drawings certified by a licensed, professional engineer that specify methods of fabrication, material and welding standards, and that depict the structural support and installation plan for the sculpture, which must meet commercial standards for structural integrity and public safety. The Town may request modifications to the design as described in the submitted plans and may refuse to approve the design until satisfied with Contractor's revision. F. Contractor will coordinate the installation of the artwork with the Town,the project architect,the landscape architect, and the general contractor on site. The cost of concrete used in the installation of the artwork or of landscape features surrounding the sculpture will not be chargeable to the Contractor's budget to the extent that such materials and related labor were otherwise included costs of the general construction contract. G. The artwork will be finished with a treatment that will preserve the characteristics of the work at the time of completion and that will minimize the necessity of regular maintenance. H. Contractor shall supply a protocol to the Town that describes the method of restoration or repairs to the artwork that may become necessary in the future. A listing of products and formulations used to treat and/or color the base metal of the artwork shall be included, as well as any recommendations that the Contractor can make that will contribute to maintaining the integrity of the artwork. I. The Town reserves the right to obtain like materials or services from local artisans to repair artwork.. II. COMPENSATION AND METHOD OF PAYMENT In consideration of the performance of the services described in the Scope of Services, the Town shall pay the Contractor the sum or amounts as set forth below, and Contractor shall charge the Town only in accordance with those same amounts. The total contract amount is Twenty-seven Thousand Dollars ($27,000). The town shall pay three (3) successive payments according to the following schedule: A. Fifteen Thousand Dollars ($15,000)upon approval of the Contractor's fabrication and installation schedule, and the signing of this contract by Contractor and the Town. B. Seven Thousand Five Hundred Dollars ($7500)upon delivery of major studio fabricated components of the artwork to the project site. C. Four Thousand Five Hundred Dollars ($4500) upon completion of all work by contractor, including installation of sculpture and finish treatments. D. The Town will pay the Contractor following the submission of itemized invoices for the services rendered. No payment shall be issued prior to receipt of material or service and correct invoice. Each itemized invoice must bear a written certification by an authorized Town representative confirming that the services for which payment is requested have been performed. 2 III. DUEZATION, TERMINATION, RENEWAL Contractor agrees to the following schedule: A. Completion of the new Oro Valley Public Library is scheduled for April 29, 2002. Upon signing this contract, Contractor will submit a fabrication and installation schedule to the Town with a completion date no later than April 29, 2002. The artwork must be installed and completed within this agreed time-line. B. For each half-month and any part of any half-month after the artwork is not produced and installed,the Town will reduce compensation to Contractor at the rate of Two Hundred Dollars ($200) per half month as liquidated damages. If production and installation of artwork is not completed by target date as a result of circumstances outside of Contractor's control, Contractor will not be penalized. C. This Agreement may be terminated at any time by mutual written consent, or by the Town with or without cause, upon giving thirty (30) days written notice. The Town reserves the right to immediately terminate the whole or any part of this Agreement due to failure of Contractor to carry out any term, promise, or condition of this Agreement. If this Agreement is terminated,the Town shall be liable only for payment for services rendered and accepted material received by the Town before the effective date of termination. If this Agreement is terminated for cause by the Town, the Town may, at its option, recoup any payments previously made. IV. INDEPENDENT CONTRACTOR A. Contractor must comply with all applicable federal, state, county and Town laws, ordinances and regulations. Contractor shall ensure payment of all taxes, licenses, permits and other expenses of any nature associated with the provision of services herein. B. Contractor shall maintain in current status all Federal, State and Local licenses and permits required for the operation of the business conducted by the Contractor. C. It is understood that each party shall act in its individual capacity and not as an agent, employee, partner,joint venture, or associate of the other. An employee or agent of one party shall not be deemed or construed to be the employee or agent of the other party for any purpose whatsoever. D. The Contractor is advised that taxes or social security payments shall not be withheld from a Town payment issued thereunder and that Contractor should make arrangement to directly pay such expenses, if any. 3 Town will notprovide anyinsurance coverage to the Contractor including E. The Workmen's Compensation coverage. V. MODIFICATIONS A. This may Agreement only be modified by a written amendment signed by g y persons dulyauthorized to enter into contracts on behalf of the Town and the Contractor. p B. All subcontracts shall comply with Federal and State laws and regulations that are applicable to the services covered by the subcontract and shall include all the terms and conditions set forth herein,which shall apply with equal force to the subcontract, as if the subcontractor were the contractor referred to herein. The Contractor is responsible for contract performance whether or not subcontractors are used. C. The Contractor shall establish and maintain procedures and controls that are acceptable to the Town for the purpose of assuring that no information contained in its records or obtained from the Town or from others in carrying out its functions under the contract shall be used by or disclosed by it, its agents, officers, or employees, except as required to efficiently perform duties under the contract. Persons requesting such information must be referred to the Town. VI. WAIVER The failure of either party of this Agreement to take affirmative action with respect to any conduct of the other which is in violation of the terms of this contract shall not be construed as a waiver thereof, or of any future breach or subsequent wrongful conduct. VII. INDEMNIFICATIONS Contractor shall indemnify, defend, and hold harmless the Town from any and all claims, demands, suits, actions, proceedings, loss, cost and reasonable attorney's fees and/or expenses litigation arising or alleged to have arisen out of any act, omission, professional g error,fault, mistake, or negligence of the Contractor, its employees, agents, representatives, or subcontractors,their employees, agents, or representatives in connection with or incidental to the performance of this agreement. The Contractor's obligation under this section shall not extend to any liability caused by the sole negligence of the Town, or its employees. 4 contractual coverage including,but not limited to,the liability assumed under the indemnification provisions of the Agreement. The Commercial General Liability additional insured endorsement shall include coverage for Contractor's operations and products and completed operations. In addition, such policy shall contain a severability of interest provision, and shall not contain a sunset provision or commutation clause, nor any provision that would serve to limit third part action over claims. If required by this Agreement the Contractor subletting any part of the work, services or operations awarded to the Contractor shall purchase and maintain, at all times during prosecution of the work, services, or operations under this Agreement, an Owner's and contractor's Protective Liability insurance policy for bodily injury and property damage, including death, which may arise in the prosecution of the Contractor's work, service or operations under this Agreement. Coverage shall be on an occurrence basis with a limit not less than $1,000,000 per occurrence, and the policy shall be issued by the same insurance company that issues the Contractor's Commercial General Liability insurance. 2. Automobile Liability. Contractor shall maintain Commercial/Business Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence with respect to the Contractor's any owned, hired, and non-owned vehicles assigned to or used in performance of the Contractor's work. 3. Worker's Compensation. The Contractor shall carry Worker's Compensation insurance to cover obligations imposed by federal and state statues having jurisdiction of Contractor's employees engaged in the performance of the work or services; and Employer's Liability insurance of not less than $100,000 for each accident, $100,000 disease for each employee, and $500,000 disease policy limit. In case any work is subcontracted,the Contractor will require the Subcontractor to provide Worker's Compensation and Employer's Liability to at least the same extent as required of the Contractor. 4. Professional Liability. The Contractor retained by the Town to provide the work or service required by this Agreement will maintain Professional Liability insurance covering negligent acts, errors, mistakes, and omissions arising out of the work or services performed by the Contractor, or any person employed by the Contractor, with a limit of not less than $1,000,000 each claim. C. Certificates of Insurance. Prior to commencing work or services under this Agreement, contractor shall furnish the Town with Certificates of Insurance, or 6 The amount and type of insurance required shall not in any way be construed as limiting the scope of the indemnification set forth above. VIII. INSURANCE A. Insurance requirements. The Contractor, at the Contractor's expense, shall purchase and maintain the herein stipulated minimum insurance with companies duly licensed (or approved unlicensed in the State of Arizona), possessing a current A.M. Best Inc. Rating of Al with policies and forms satisfactory to the Town. The contractor's insurance shall be primary insurance with respect to the Town, and any insurance or self-insurance maintained by the Town shall not contribute to it. All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of the Agreement is satisfactorily completed and formally accepted; failure to do so may, at the sole discretion of the Town, a constitute a material breach of this Agreement. Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect the Town. The insurance policies, except Worker's Compensation, shall contain a waiver of transfer rights of recovery (subrogation) against the Town, its agents, representatives, directors, officers, and employees for any claims arising out of the Contractor's negligent acts, errors, mistakes, omissions, work, or service. The insurance policies may provide coverage,which contain deductibles or self- insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to the town under such policies. The Contractor shall be solely responsible for the deductible and/or self-insured retention and the Town, at its option, may require the Contractor to secure payment of such deductibles or self-insured retention by a Surety Bond or and irrevocable and unconditional letter of credit. The insurance policies, except Worker's Compensation and Professional Liability, required by the Agreement, shall name the Town, its agents, representatives, officers, directors, officials, and employees as additional insureds. B. Required Insurance Coverage. 1. Commercial General Liability. Contractor shall maintain Commercial General Liability insurance with a limit of not less than $1,000,000 for each occurrence with a $2,000,000 General Aggregate Limit. The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket 5 as required bythe Agreement,issued by the Contractor's formal endorsementsq . . evidence thatpolicies providing the required coverages, conditions insurer(s), as and limits required Agreement bythis A eement are in full force and effect. All Certificates of Insurance shall be identified with Project Title and Town Project Number. n insurance policy(ies) required by this Agreement is(are)written In the event any p Y( ) on "claims made" basis, coverage e shall extend for two years past completion and acceptance of the Contractor's work or services and as evidenced by annual Certificates of Insurance. If a policy does expire during the life of the Agreement, a renewal certificate must be sent to the Town thirty (30) days prior to the expiration date. D. Cancellation and Expiration Notice. Insurance required herein shall not expire, be canceled, or materially changed without thirty(30) days prior written notice to the Town. IX. SITE PREPARATION AND INSTALLATION Site preparation and installation shall be coordinated with the Town's Library Project general eneral contractor. Contractor shall arrange for all equipment and labor Manager and required for installation of artwork. X. DOCUMENTATION AND MAINTENANCE Prior to acceptance of the installed artwork, Contractor will provide the Town a written description of the artwork, and, as stated in the Scope of Services, Contractor shall protocol a maintenance and a description of how the protocol is properly applied to maintain the artwork in a normal condition. XI. OWNERSHIP provisions Notwithstandingthe of Section XIV,the Contractor understands and agrees that the Town may use, reuse, give or sell, without restriction or further compensation to Contractor, anycreation byContractor while performing the services required by this contract. Contractor may use, reuse, give or sell, without restriction or compensation to the Town, creation byContractor while performing the services required by this any contract. 7 XII. WARRANTY Contractor warrants the following: A. The artwork is the original product of Contractor's own creative efforts. B. Upon delivery,the artwork is free and clear of all liens and claims arising from any source whatsoever. C. The artwork is unique and will not be reproduced for installation elsewhere. XIII. COPYRIGHT A. As an artist, Contractor reserves every right available to Contractor in common law or under the Federal Copyright Act, except as those rights are limited by this contract. B. All reproductions of the artwork by the Town shall contain a credit to Contractor and a copyright notice substantially in the following form: "Copyright, Contractor's name, year artwork completed,"in such a manner and location as shall comply with U.S. copyright laws. XIV. NON-DESTRUCTION, ALTERATION AND RESTORATION A. All services, information, computer program elements, reports, and other deliverables which may have a potential patent or copyright value and which are created under this Agreement shall be the property of the Town and shall not be used by the Contractor or any other person except with the prior written permission of the Procurement Director. B. The Town, after acceptance, will not permit any intentional destruction, damage, or modification of the artwork that is within the Town's control or best interest. In the event the artwork is accidentally damaged or vandalized,the Town will consult Contractor before restoration and will give Contractor first opportunity to restore it, if practicable and cost effective. XV. NOTICE. All notices given pursuant to this Agreement shall be given in person or by first class pre- paid mail to the following persons or any other persons a party may designate in writing: 8 To the Town: Town of Oro Valley Attention: Brent Sinclair, Community Development Director 11000 N. La Canada Drive Oro Valley, Arizona 85737 cc: Town Attorney Dan Dudley To the Contractor: Ironwood Botanical Sculpture,Inc. Attention: Artist, Joe A. Tyler 27602 North 151 Avenue Sun City West, AZ, 85375 XVI. COMPLIANCE WITH CIVIL RIGHTS During the performance of this Agreement,the Contractor agrees as follows: A. Equal Employment opportunity. In connection with the execution of this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, or national origin. Such actions shall include, but not limited to,the following: employment, promotion, upgrading, demotion or transfer, recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training, including apprenticeship. B. Nondiscrimination Civil Rights Act of 1964. Contractor will comply with all federal regulations relative to nondiscrimination in federally assisted programs. C. Solicitations and Procurement. In all solicitations, either by competitive bidding or negotiations, made by the Contractor for work to be performed under a subcontract including procurement or materials or leases of equipment, each potential subcontractor, supplier, or lessor shall be notified by Contractor of Contractor's obligations under this Agreement and the regulations relative to nondiscrimination on the grounds of race, religion, color sex, or national origin. D. Immigration Reform and Control Act of 1986. The Contractor shall further be responsible for 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 said Act. E. Americans with Disabilities Act of 1990. The Contractor 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 said Act. 9 XVII. MISCELLANEOUS PROVISIONS The parties stipulate that this Contract has been made and entered A. Jurisdiction. p into, and shall be construed, enforced, and governed by the laws of the State of Arizona, and any action to enforce the same shall be brought only in courts in the State of Arizona. B. Headings. The titles or headings used in this Contract are for general reference only and are not a part of the Contract. C. Arbitration. Thep arties agree that should a dispute arise between them, in any manner, and said dispute involves the sum of$10,000 or less in money damages only, exclusive of interest, cost or attorneys' fees, the parties will submit the matter to BindingArbitration pursuant to the Arizona Supreme Court Rules for lso u Comp rY Arbitration and the decision of the arbitrator(s) shall be final and binding upon the parties. D. Attorneys' fees. Should the Town bring any legal or equitable action for the purposeof 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. E. Assignment. The parties stipulate and agree that this is an Agreement for services, and that as part of the consideration of this Agreement,the Town has taken into account the experience and expertise of the Contractor. Therefore,this Agreement is not assignable by the Contractor without prior written consent of the Town. However, nothing in this clause shall be deemed to prevent the Contractor from utilizing the services of in-house personnel in performing its duties under this Agreement. F. Severability. The provisions of this Agreement are severable to the extent that any provision or application held to be invalid shall not affect any other provision or application of the Agreement that may remain in effect without the invalid provision or application. G. Full Force. Any provision of this Agreement held to violate any law shall be deemed void, and all remaining provisions shall continue in full force and effect. H. Conflict of Interest. Contractor stipulates that its officers and employees do not now have a conflict of interest and it further agrees for itself, its officers, and its employees that it will not contract for or accept employment for the performance of any work or services with any work or services with any individual business, corporation, or government unit that would create a conflict of interest in the performance of its obligations pursuant to this Agreement I. Cancellation. Pursuant to ARS § 38-511,the Town reserves the right to cancel the whole or any part of this Agreement due to failure by the Contractor to carry 10 out any obligation,term, or condition of the Agreement. The Town will issue written notice to the Contractor for acting or failing to act as in any of the following: 1. The Contractor provides material that does not meet the specifications of the Agreement; 2. The Contractor fails to adequately perform the services set forth in the specifications of the Agreement; 3. The Contractor fails to complete the work required or to furnish the materials required within the time stipulated in the Agreement; 4. The Contractor fails to make progress in the performance of the Agreement and/or gives the Town reason to believe that the Contractor will not or cannot perform the requirements of the Agreement. Upon receipt of the written notice of concern,the Contractor shall have ten(10) days to provide a satisfactory response to the Town. Failure on the part of the Contractor to adequately address all issues of concern may result in the Town resorting to any single or combination of the following remedies: 1. Cancel any Agreement; 2. Reserve all rights or claims to damage for breach of any covenants of the Agreement; 3. Perform any test or analysis for compliance with the specifications of the Agreement. If the results of any analysis find a non-compliance with the specifications,the actual expense of analysis shall be borne by the Contractor; 4. In case of default,the Town reserves the right to purchase materials, or to complete the required work in accordance with the Town Code. The Town may recover any actual excess costs from the Contractor by: i. Deduction from an unpaid balance; ii. Collection against the bid and/or performance bond, or; ill. Any combination of the above or any other remedies as provided by law. J. Force Majeure. Except for payment for sums due, neither party shall be liable to the other nor deemed in default under this Agreement if and to the extent that such party's 11 performance of this Agreement is prevented by reason of force majeure. The term "force majeure"means an occurrence that is beyond the control of the party affected and occurs without its fault or negligence. Without limiting the foregoing, force majeure includes acts of God: acts of the public enemy; war;riots; strikes; mobilization; labor disputes; civil disorders;fire; floods;lockouts; injunctions- interventions-acts, or failures or refusals to act by government authority; and other similar occurrences beyond the control of the party declaring force majeure which such party is unable to prevent by exercising reasonable diligence. The force majeure shall be deemed to commence when the party declaring force majeure notifies the other party of the existence of the force majeure and shall be deemed to continue as long as the results or effects of the force majeure prevent the party from resuming performance in accordance with this Agreement. Force majeure shall not include the following occurrences: 1. Late delivery of products as specified in Exhibit"A" caused by, excessive Contractor workload or similar occurrences. 2. Late performance by a subcontractor unless the delay arises out of a force majeure occurrence in accordance with the force majeure term and condition. Any delay or failure in performance by either party hereto shall not constitute default hereunder or give rise to any claim for damages or loss of anticipated profits if, and to the extent that such delay or failure is caused by force majeure. If either party is delayed at anytime in the progress of the work by force majeure,then the delayed party shall notify the other party in writing of such delay within forty-eight (48) hours commencement thereof and shall specify the causes of such delay in such notice. Such notice shall be hand delivered or mailed certified-return receipt and shall make a specific reference to this article,thereby invoking its provisions. The delayed party shall cause such delay to cease as soon as practicable and shall notify the other party in writing. The time of completion shall be extended by Agreement modification for a period of time equal to the time that the results or effects of such delay prevent the delayed party from performing in accordance with this Agreement. 12 IN WITNESS WHEREOF,two(2)identical counterparts of this Contract, each of which shall for all purposes be deemed an original thereof, have been duly executed by the parties herein before named, on the date and year first herein written. TOWN OF ORO VALLEY: CONTRACTOR: Mayor Paul H. Loomis (Joe A. Tyler, Artist) ATTEST: ATTEST (if corporation): Town Clerk Kathryn E. Cuvelier (Type Name/Secretary) APPROVED BY: WITNESS (If individual or partnership) Town Attorney Dan Dudley (Type Name/Title) Signing Instruction to the Contractor: All signatures must be notarized. In the event that the contracting firm is a corporation, the President and Secretary (or Vice-President and Secretary) of the corporation must sign and the corporate seal must be affixed thereto. State of Arizona ) ss. County of Pima ) Subscribed and sworn that the foregoing instrument was acknowledged before me this day of , 2001, by (Name) , as (Title) and by (Name) as (Title) of(Name of Company) Ironwood Botanical Sculptures,Inc. . Notary My Commission Expires: 13 JOE TYLER/ARTIST Art Proposal for Oro Valley Public Library "LEAVES UNFOLDING' I chose to propose a free standing outdoor sculpture depicting learning, reading, and the literary arts.The image of a mature well established tree emerging from the center of the open leaves of a book is a strong symbol of personal growth through knowledge and inspiration obtained by reading the pages of a book. The leaves of a tree have all of the information they need to grow and develop, and the leaves of the book can provide this same type of amazing growth and development. This growth and development takes time. As the leaves on a tree grow, there are always new leaves unfolding. As the leaves of a book are opened and read,there are always new revelations as information unfolds. The roots that flow across the pages of the book can actually be sculpted into legible script that could make a statement about the library, the joy of reading, the literary arts, or any other appropriate verbiage. The sculpture would be constructed from welded steel, and a set of working drawings with a structural engineering stamp would show how the sculpture is constructed and anchored in place to the chosen location. Careful consideration will be given to public safety. The sculpture is of welded steel and this will assure durability for several generations, with little maintenance. I hesitate to recommend the exact dimension for this artwork. This should be determined by the specific location the sculpture is placed. The architect should help determine this issue for he will know what scale would best relate to the building. I envision this to be a large-scale piece. This sculpture can be designed, fabricated and installed within the $27,000.00 budget, and the April 2002 deadline should not pose a problem as long as their are no major construction delays on the building,or any major delays with the city design review process. I have designed a sculpture that met the criteria set forth in the call to artist prospectus. I wanted to design a public artwork that conveys a clear, strong message, and one that both children and adults can easily relate to. I feel that this work will fit in well with the library setting and the Oro Valley environment and that the citizens of Oro Valley will respond positively to the visual message. Sincerely, ''... .,,40-,'".•7-.....k..','•••,41,4:-.,):. . .....,.....:.,...:,..,. ,_, s$.',1.;.:. 4V-Irii44i-171ti. _ , . , . . .-..., .,,?...:...,;.,?...•-,.. -.•;,,,,,..,,,,,%::4.11;:,,,Ivitmf:,,,mg,„'":. .. . . , , ,,, , .. -:'.i- :,,.,-.',41.(1,,....',.:,'•.:-..1,...:-.5..V.441,•-.'t - '-. 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Hardware and Fittings $ 250 . 00 6. Equipment Rental $ 500 . 00 7 . Painting/Metal Treatment $ 1, 250 . 00 8 . Working Drawings $ 1, 500 . 00 9 . Engineering Fees $ 1, 000 . 00 10 . Insurance $ 400 . 00 11 .Custom Fabrication/Installation $ 4, 650 . 00 12 . Site Preparation, Foundation, Masonry $ 2, 500 . 00 13 . Transportaion of artwork to Oro Valley $ 450 . 00 14 .Contingency/Permits and Taxes $ 3, 000 . 00 TOTAL: $27, 000 . 00 BURNS "IN '4 \VALH - llOPh1 $ AR CHI TEC TS Recommendation for the Site Location for the Public Art The "Tree of Knowledge" sculpture proposed by the artist, Joe Tyler, is a relatively large, free-standing piece that requires ample room to walk around and admire the form and composition from all sides. To be appropriately displayed, and as a complement to the composition of patios and library building,I would suggest placing the piece in the patio south of the meeting room. The artist has proposed that the built piece be approximately 10' front to back, 14' side to side, and 14'high. I used that "footprint"to test areas around the entry, or west side of the Library. The areas immediately flanking the front door are too narrow to comfortably display a piece of that size. Adjacent parking lot islands are too small and would create pedestrian(viewer)/automobile conflicts. The patio area south of the meeting room is adequate in size and would allow the work to be viewed from a variety of areas, such as(A) the arrival zone for automobiles, on axis with the main entry drive with the Catalinas in the background, (B) the front entry plaza/ drop-off and pickup zone, and (C) the upper patio area( casual seating) as well as the entire lower patio area. The attached sketch depicts the approximate location for the art and its relation to viewing positions. The following considerations have been given in selecting a site for this piece: 1. The patio is sufficient in size and strategically located to present this artwork to the public. 2. Placing the artwork as shown would continue to allow access by fire-fighting equipment to move between the sculpture and the building as required by the Fire Chief. 3. This location will mark the "trail head"to the future pathway that has been planned to circumscribe the entire Town Hall site. 4. Locating the artwork on the patio would allow close-up contact by viewers, including children that attend programs held in the large meeting room. 5. No currently contracted plant material, irrigation lines, or grading will be affected. 6. Aligning the "book" edge with the building orientation would tip the"text" toward the building (northwest) allowing shadows to form from raised "text" and heighten the definition of the work. The artist and the Managing Librarian have concurred that this is an excellent location for the art. August 30, 2001 Mary Hartz-Musgrave Managing Librarian Town of Oro Valley 11000 N. La Canada Dr Oro Valley, AZ 85737 Dear Mary: I am pleased to grant you copyright permission to reproduce the text from the "The More You Read"theme. Please note the following conditions apply: 1. The reproduced text and artwork is solely for non-profit use and may not be resold. The text and artwork must be used without alteration. 2. Permission is granted for one time use only. 3. Credit should be given as follows: Reproduced with permission from Highsmith, Inc. under license with Primedia Corp. If you have further questions, please feel free to call me at 920-563-9571. Sincerely, Matt Mulder Director, Highsmith Publications TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: October 3, 2001 TO: HONORABLE MAYOR & COUNCIL FROM: Jim Hossley Manager, Stormwater Division SUBJECT: Appointments to the Oro Valley Stormwater Utility Commission SUMMARY: Councilman Wolff, together ether with the Town Engineer and the Stormwater Division Manager, interviewed nine Oro Valleycitizens for five positions on the newly created Stormwater UtilityCommission. One member with hydrology and erosion expertise; one member with a background in finance; one member who represents commercial or industrial property one member drawn from a homeowner's association board; owners; and one mg were member-at-large sought. The individuals selected for your consideration for appointment have a broad range of combined experience and backgrounds. Together, they representmany of the citizen interests in Oro Valley. The initial five (5) members shall draw lots to determine the terms of membership, of which three (3) Il serve a term of two (2) ears and two (2) members shall serve an initial members sha Y term of one (1) year. As a result of those interviews, the following five (5) applicants are being forwarded to you for consideration and appointment. 1. Mr. Nick Bokaie 2. Mr. Thomas Waddell 3. Mr. Richard Hawkinson 4. Mrs. Leann O'Brian 5. Mr. Ralph Stein FISCAL IMPACT: None ATTACHMENTS: 1. Proposed Member Applications SUGGESTED MOTION: Imoe v toappoint Mr. Nick Bokaie; Mr. Thomas Waddell; Mr. Richard Hawkinson; Mrs. Leann O'Brian; and Mr. Ralph Stein to the Oro Valley Stormwater Utility Commission. The term of each member shall be determined by the drawing of lots at the first scheduled meeting of the Commission. Zi) _2_1,-. William A. \-L,--------Engineer Jansen, L AL ' . 1 Chuck Sweet, Town Manager . ‘, , . , ,4\1,--4T, . 3 :oo , S 1 . . , 1, p v , 4 .;c:fr.,I=-Yit',-;' ..i;".:1:;'''..t A C� • BOARD/COMMISSION APPLICATION ORO VALLEY Dear Oro Valley Citizen: We appreciate your interest in the Town of Oro Valley. Enclosed is an informational form which when completed will allow us to quickly process your application. While the information asked for is optional, your supplying the information will greatly assist in an understanding of education, experience and background to allow the best possible use of your talents which you are so kindly willing to provide to the Town of Oro Valley and for which we thank you. Please return to the Town Clerk's Office, 11,000 North La Canada Drive, Oro Valley, Arizona 85737. Name Bokaie Nick Last First Middle Home Address Business Address RS Engineering, 2445 N. Tucson Blvd. , Tucson, AZ 85716 Home Phone ( Business Phone (520) 791-3933 Number of Years in ro Valley 4 /c, ,' e 8/27/01 I Signature Date Please state which board/commission you wish to join and why. Stormwater Utility Commission - to assist the Town in implementing the requirements and guidelines established. Please list other community, civic, professional, social, educational, cultural or athletic organizations you have been affiliated with, length of time, any office held. and any achievements in those organizations you feel are noteworthy. *Greater Tucson Leadership (GTL), 3 years Board of Directors member *American Public Works Assoc. (APWA) , 7 years Board of Directors member *Pima County Flood Control Advisory Committee, 2 years Assisting/representing the Town of pro Valley *American Youth Soccer Organization (AYSO) , 1 year Board of Directors member • • What do you consider your p _ highest res responsibility, skill or achievement; professionally and/or personally, and why? Giving back to the community and the town I live in and getting involved with the areas I could make a difference. I feel involvement on the part of residents adds to the quality of life and will improve the communities. EMPLOYMENT Please list previousemployment.em loyment. List your past or present employment first: RS Engineering Inc. (Present) Dames & Moore (Past) Dates of Employment Company Name& Address RS Engineering Inc. 2445 N. Tucson Blvd. , Tucson, AZ 85716 g g / Dames & Moore 6 Hutton Centre Dr. , Suite 700, Santa Ana, CA 92707 • 3. 4. 5. (List Position & Job Description in numbered order as listed above) 1. Vice President, Office Manager 2. Sr. Project Manager, Manager of the Infrastructure Group EDUCATION Briefly describe your educational background: Institution/School Degree Received 1. Iowa State University B.S. , Civil Engineering 2. 3. 2 • 4. 5. Area of Study in numbered order as listed above: Civil En:ineerin: Other fields of study, professional institutes, training program, etc: IF DESIRED, FURTHER INFORMATION MAY BE ATTACHED 3 - # ALG-10-2001 08:50 12AFIG DMAFB AZ 2284658 P.01/04 . o 9 Town of Oro Va l l ey 11000 N. La Canada Drive Oro Valley AZ 85737 520-229--4700 Telephone Y 520-297-0428 Fax Citizen Advisory Board and Commission Interest Form Dear Oro Valley Citizen: We appreciate your interest in the Town of Oro Valley. This is an informational form which when completed, will allow us to quickly process your application. While the information asked for is optional, supplying the information will greatly assist us in understanding your background to allow the best possible use of your talents. Name: Waddell Thomas Patrick Last First Middle Residence Address: Business Address: 2915 S Twelfth Air Force Dr. Davis-Monthan AFB AZ 857.P7..4100 228-2309 Number/Street City/Town Phone MONTH YEAR I have been a resident of Oro Valley since: . 08/98 Education: - MS, Human Resource Management, Gonzaga University, Spokane, WA - BS, Elementary Education, Montana State Univeristy, Bozeman, MT Other fields of study, professional institutes, training programs, etc.: - Ceritfied: Professional in Human Resouces (PHR) - Graduate of the USAF Air War College, Air Command and Staff College, and Squadron Officers School - Graduate of the National Defense University Armed Forces Staff College Employment: Dates of Employment Company Name &Address Please See Attached Resume • ALG-18-2881 08:50 12AFIG DMAFB AZ 2284658 P.02/04 Please list other community, civic, professional, social, educational, cultural, or athletic organizations you have been affiliated with, length of time, any office held, and any achievements in those organizations you feel are noteworthy: - Greater Tucson Leadership, Class 2001 -Arizona Consortium for Education and Training — Board Member Jan 00 — Pres - Society of Human Resource Management— Member Sept 99— Pres - Faculty Member, Graduate School of Business, University of Phoenix— May 01 — Pres - Environmental Policy Board— Davis-Monthan AFB, Aug 98 — May 00 I am interested in serving on the following board (s), commission (s) in order of preference (please indicate 18i, 2"d, choice, etc,): Planning Commission Development Review Board Board of Adjustment 5 Grievance Review Board Water Utility Commission Fire Advisory Board Parks Planning Advisory Committee 2 Parks and Recreation Advisory Board Metro Domestic Water District Management Committee Municipal Property Corporation Board of Directors Pima County Flood Advisory Committee 4 Pima County Advisory Committee Industrial Development Authority 3Environmental Planning Advisory Committee Population Technical Advisory Committee (POPTAC) Other(please indicate) Special Project you feel needed by the Town (specify). 1 Stormwater Utility Commission Signature Date Please return completed form to: Town Manager's Office Town of Oro Valley 11000 N. La Cafiada Drive Oro Valley AZ 85737 Or Fax to: 520-297-0428 Attn: Town Manager AUG-10-2001 08:50 12AFIG DMAFB AZ 2284658 P.03/04 Thomas P.Waddell, PHR Oro Valley,AZ 85737-1819 ( Education: • Present-- MBA/E-Business, University of Phoenix, Tucson,AZ • 1979— MS, Human Resource Management, Gonzaga University, Spokane, WA • 1974— BS, Elementary Education, Montana State University, Bozeman, MT Qualifications: Senior executive with consistent, proven success during 20+ years of management and team leadership experience in: -Training and Education - Program Implementation - Human Resource Management -Curriculum Development -Project Management -Grievance Investigation/Resolution - Facilities Management -Marketing and Recruiting Proficient in MS Office to include Word, Power Point, Excel, Access, and Outlook ertified Professional in Human Resource Management(PHR) P grverience: Reputy Inspector General, USAF, HQs 12th Air Force, Tucson, AZ May 01 -- Present enior executive responsible for overseeing the investigating of policy and procedure lrievances for 50,000+ employees; Responsible for the training and evaluation of six offsite investigation offices Regional approval authority for all completed investigation case files Provides oversight of all regional investigations C?irector of Operations, University of Phoenix, Tucson, AZ May 00— May 01 enior executive responsible for directing and managing operations and student services for 1er 3,000 degree and certificate seeking students. Supervised 30-person staff. Directed and managed facilities at main campus and four satellite learning centers Supervised academic counselor staff providing counseling services to over 2,900 students Campus Americans with Disabilities Act officer; reviewed applications and determined accommodations l spector General, USAF, 355th Wing, Tucson,AZ May 98-- May 00 enior executive responsible for investigating policy and procedure grievances for 6,000+ employees; Supervised 150-person training and evaluation team • Directed Congressional liaison and inquiries office; coordinated senior official visits • Directed 150-person training and evaluation team • Revamped grievance investigation procedures reducing investigator man-hours by 20%; supervised four investigators; reviewed and approved investigation reports • Selected regional outstanding investigations office for 1998/1999 AUG-10-2001 0 50 12AFIG DMAFB AZ 2284658 P.04/04 8 Deputy Base Facilities Manager, USAF, 355th Wing, Tucson, AZ Aug 97--May 98 Senior manager for the facility and service infrastructure of a 16,000+ person industrial and residential community; Monitored and directed $215M annual agency budget • Maintained critical community services, to include fire, police, communications, civil engineering, and education while implementing a $5.8M budget reduction • Executive member of the Environmental Policy Committee • Executive member of the base education oversight committee Deputy Director Reconnaissance Operations, USAF, 12°'AF, Tucson,AZ Aug 96--Aug 97 Senior program manager for a $39M reconnaissance program; Coordinated and directed 100- person battle staff; Led 10-person multi-discipline task analysis team_ • Developed an intelligence imagery processing proposal that met worldwide requirements while saving $8M in production and procurement costs • Executive member of the command-wide advisory group; prioritized and recommended changes to the USAF command and control architecture • Produced unit task analysis study; restructured organization, reduced costs by 45% Department Chairman, USAF, Northern Arizona University, Flagstaff AZ Jul 93 —Aug 96 Directed curriculum development, recruitment, and scholarship programs; Managed $140K • operations budget and $120K scholarship fund_ • Developed and implemented new marketing and recruiting program; reduced costs by 10% while increasing enrollment by 25% for three consecutive years • Directed 400-student summer training program; developed schedules; approved curriculum; coordinated housing and food services; supervised training staff • Innovative program selected as "Best in the Nation" out of 144 programs for 1993/94 Director of Operations and Training, USAF, 381" RS, Omaha, NE Jun 90—Jul 93 Second in command; Directed training for 500-person unit; Managed $10OM travel, training, and equipment budget; Training program named "Best in Command". • Led major unit restructuring program integrating flight operations and aircraft maintenance functions; met goals 6 months ahead of schedule and under budget • Developed curriculum, maintained training schedules, and supervised 25 instructors • Directed 150-person flight and maintenance operation at an austere overseas location; reduced manpower by 15% while maintaining 100% mission effectiveness Various Training, Management, and Budget Assignments, USAF Jun 74--Jun 90 Details available upon request Professional Education: • 1993 Air War College—Graduate studies in executive decision making and leadership • 1987—Armed Force Staff College--Graduate studies in managerial problem solving • 1982—Air Command and Staff College--Graduate studies in management systems Professional Affiliations: • Greater Tucson Leadership—Class of 2001 • Arizona Consortium for Education and Training—Member of Board 2000/2001 • Society of Human Resources, Greater Tucson Thomas P.Waddell, Page 2 TOTAL P.04 OM f At 12X' CIO Name O'Brian mann Mary Last First Middle Home Address Business Address N/A T-inmP Phr Biu.ine Phnne Ni/ 1 .1 a V V.. ✓l a.V✓✓ .1 Number ofVe r Oro Valley 10+ 11 Ulli ei of Years�in Oro 1 2 f•'�✓ f'/��./s' I• I � ✓ �.�..�7'G�.;� i August /, 200 1 Signature Date Please state wish to join and why. ctnrrp W titer Run-off Commission—As a citizen of Oro Valley, I want to help protect sensitive desert and washes from storm water run-off and pollution. Please list other community, civic, professional, social Pdi if'a tional, cultural or athletic organizations you have been affiliated with, length of time, any office held, and any achievements in those organizations you feel are noteworthy. thy. Arizona- n a Desert M i u sei i m—Docenta X06 to pr en a� a dncient at S D� onduct to i on..r� ��✓..�.__ -�,,..i1. .� r. 5___t• �t I c... r.rS, interpret live animals and inanimate objects that are indigenous to the Sonoran desert. Animals that I handle include, but are not limitPdl to,the Harris' hawk, common barn owl, American kestrel, western handle 1\.1fe are the Harris' common fl V lff western LV screech owl, desert tortoise, gopher snake, and king snake. Interpretations of inanimate objects include, but ar n t , Tucson Mountain Story(describes form tion the Tucson Mountains 1 v-1✓ rn ii ion years are 1161 limited to Tucson S 1Vu1 tu,ili `l.Le.Tt/1 1V..•J fonnation Tucson ago)and the Basin and Range/Aquifer kit which describes laying down of ancient aquifers, lowering of the water table, subsidence, and use n f CAP water to restore the water table. Biosphere"—Docent-Dec. 1998—June 1999— tours, discussed the importance of the biomes depicted at Bio2, and talked about the early missions within the biosphere. Last year, as a docent at ASDM, I participated in the Los Amigos del Desierto program. This is an outreach program. We visited schools and interpreted various aspects of the Sonoran desert directly to children in grades R-5. This interactive program allowed the children to touch animals, dispelled fears, and instilled a sense of importance in environmental protection. This was a rewarding experience. What do you consider yoir highest responsibility, skill or achievement, professionally andlor personally, and why? While Manager, Technical Services at a local blood center, I established a stem cell laboratory for the treatment of breast and other types of cancers. The stem cells were harvested from the patient, frozen and stored in liquid nitrogen, and infused into the patient at a later date. Our success rate was good and it was gratifying to see patients cured of such dreadful diseases. EMPLOYMENT Dates of Employment Company Name and Address Dec 1994-Oct. 1998 Arizona Blood Institute, ;915 E.Broadway Blvd., Tuccnn, A7. Feb. 1991-Apr. 1994 American Red Cross, WAV-HQ, Wilmot Road, Tucson, AZ June 1988-Feb. 1991 American Red Cross,NHQ,Washington,D.C. Leann M. O'Brian Page 2 List Position&Job Description in numbered order as listed above. Manager, Technical Services/Regulatory Officer managed all aspects of the blood center laboratory, met with the FDA during annual inspections of the blood center; and ensured that the blood center was brought into compliance with any citations issued by the FDA during the inspections. I also submitted license applications for the manufacture of blood components, with supporting documentation, to the FDA. Western Area Office Compliance Manager—I traveled in the six western states where ARC blood centers were located. I ensured compliance with ARC and FDA directives, participated during FDA inspections, and directed activities to bring the blood center into compliance with any ARC or FDA citations. While with ARC-GHQ, I worked out of my home. I had long-term assignments in blood centers that were found to be significantly out of compliance with FDA regulations. I had overall responsibility for bringing the entire blood center back into FDA compliance. I also wrote ARC standard operating procedures_ Because of my experience with the FDA, I am thoroughly familiar with the Code of Federal Regulations. I'm sure that this will be beneficial for interpreting EPA guidelines. I took an early retirement in Oct. 1998. EDUCATION Institution/School Decree Received University of South Alabama BS Health Services Administration East Tennessee State University None St. Joseph's Hospital School of Medical Technology MT(ASCP)certification Mt. Aloysius Jr. College AS Premedical Technology Area of Study in numbered order as listed above: Management,administrative courses Accounting principals and practices Various disciplines of the clinical laboratory Sciences courses to obtain entrance into a medical technology certification program Other fields of study, professional institutes training program,etc. Board of Registry, American Society of Clinical Pathologists, MT(ASCP)certification 043707 Y 0 A•- ��" r-r�..• • ORO VALLEY BOARD/COMMISSION APPLICATION - -- o�ND Dear Oro Valley Citizen: We appreciate your interest in the Town of Oro Valley. Enclosed is an informational form which when completed will allow us to quickly process your application. is optional, your supplying the information will greatly assist in an understanding While the information asked for p � PP Y of education, experience and background round to allow the best possible use of your talents which you are so kindly willing to provide to the Town of Oro Valley and for which we thank you. Please return to the Town Clerk's Office, 11,000 North La Canada Drive, Oro Valley, Arizona 85737. Name Last First Middle Home Address Business Address Home Phone Business Phone .lumber of Years in Oro Valley (/-,./ • \,) 0,0 - (2-2 6)/91 S igiature Date Please state which board/commission you wish to join and why. Please list other community, civic, professional, social, educational, cultural or athletic organizations you have been affiliated with, length of time office held. and any achievements in those organizations you feel are any noteworthy. 4. Area of Study in numbered order as listed above: Other fields of study, professional institutes,training program, etc: IF DESIRED, FURTHER INFORMATION MAY BE ATTACHED 1 3 1 1 • `l-;. F13-C- Co: no JP�yFv .4„9/ - o 4 • ct. r __ . VALLEY BOARD/COMMISSION APPLICATION ORO Dear Oro Valley Citizen: We appreciate your interest in the Town of Oro Valley. Enclosed is an informational form which when completed will allow us to quickly process your application. While the informationoptional, yoursupplying asked for is su lying the information will greatly assist in an understanding of education, experience and background to allow the best possible use of your talents which you are so kindly willing to provide to the Town of Oro Valley and for which we thank you. Please return to the Town Clerk's Office, 11,000 North La Canada Drive, Oro Valley, Arizona 85737. Name k R `A - r Last J First Middle Home Address Business Address r R � 1 C> i s C e t, Home Phone `� - Phone � Number of Years in Oro Valley / -___Rt,tektk.„-L-11? c7C1 A 4i Signature Date Please state which board/commission you wish to join and why. /Lc cir) t-og c ',I./3 ei To ler /g, ,71,� 4r- ars / e- °ley e 7r)e/711- e - r - 5- eie „kr-e i'') 1�J h Jr tle ) ‘3, Qr.osie)}-7 9Please list other � community, civic, professional, social, educational,cultural or athletic organizations you have been en of time, anyoffice held, and any achievements in those organizations you feel are affiliated with, length noteworthy. S e e- (4 A e 0 e 1') ? • � M What do you consider your highest responsibility, skill or achievement; professionally and/or personally, and why? p ty� • Ck us <1., A/0 L . r u I 1, LA - ri a 5c,74 9 S e_a rck ciAA_Lkitits\--‘c-1.1 s OA c(11 US • vc) e, A e t.i , • g— ct. 7 r4,'n c) Avner iu,4 5 S& C�� , rn� ��.�LAS �S �-�' �prc' i) vi ci,vtd I:4. iagrtngilievi EMPLOYMENT Please listP revious employment. List your past or present employment first: ee, rerci' e. Dates of Employment Company Name & Address 1. See_ p-tSurne 094 - 2000) oz7 Ex_c.1-0 n e D 3. X 4. 5. (List Position& Job Description in numbered order as listed above) rio05 poSa 4 0 el S e5cr • e/d /J-) et.,717/4„c.A et" EDUCATION Briefly describe your educational background: Institution/School Degree Received 1. (/% 2 ) / nS A9y cirde),9)1 jj ( ics -7 ) E1cc11mL1I r Se. .9 e- 3. 2 • • 4. 5. Area of Study in numbered order as listed above: Other fields of study, professional institutes, training program, etc: Al G> e re.) 5- e%rl is /cizn c/ r c ei 1 / cf2_ 5 es ct_ii id US 6 IF DESIRED,FURTHER INFORMATION MAY BE ATTACHED 3 RICHARD O. HAWKINSON ORO VALLEY, AZ 85737 ( EDUCATION: UNIVERSITY OF ARIZONA, TUCSON BS IN WATERSHED MANAGEMENT, 1966 UNIVERSITY OF ARIZONA, TUCSON MS IN WATERSHED MANAGEMENT, 1968 1963 - 1963 Provided summer and part-time assistance to the U.S. Forest Service, Hayfork, California. 1964 - 1964 Worked part time and summer with the Department of Atmosphere Physics, University of Arizona. 1965 - 1968 Worked part time and summer with the U.S. Forest Service, Forest and Range Experimental Station, Tucson, Arizona. Also worked with the Department of P Watershed Management, University of Arizona. 1968 - 1972 Entered duty with the U.S. Geological Survey,Water Resources Division as a Hydrologist in Austin, Texas. Duties included the collection and preparation of basic surface-water records; preparation of interpretive reports involving the evaluation of effects of small reservoirs on water yield, statistical analysis of water quality and streamflow data, and comparison of methods for determining evaporation losses from reservoirs; coordinator of a state-wide program involving the evaluation of the effects of Soil Conservation service constructed small reservoirs. Also, I was a consultant on urban hydrology studies and was involved in HUD Type-15 flood-plain mapping studies. y gy I supervised technicians and engineers involved in flood-mapping studies from 1970- 1972. 1972 - 1973 I was transferred to the Subdistrict Office in Phoenix, Arizona, where I was responsible for the collection and analysis of basic surface-water records including work on indirect measurements of flow (slope-area computations and flow through culverts). I was also responsible for the oversight of WRD employees involved in the collection and compilation of hydrologic records. 1973 - 1976 Project Manager of the National Stream Quality Accounting Network (NASQAN) within the Water-Quality Branch in Reston, Virginia. 1976 - 1977 Transferred to Columbus, Ohio, where I was the Supervisory Hydrologist in charge of the Technical Support and Data Processing Section and Project Chief for a state-wide urban hydrology study. 1977 1979 Assistant District Chief responsible for program planning and project coordination. developed I develo ed multidisciplinary projects for incorporation into the District program. Additional duties included District Training Officer and Personnel Specialist for professional employee needs. 1979 1980 Served as ActingDistrict Chief in Columbus, Ohio. I was responsible for all FY 80 prodevelopment with Federal and State cooperators, and general District P operations. 1980 - 1980 For the period 4/7/80 through 6/10/80, I was reverted back to Assistant District Chief pending transfer to the Colorado District. 1980 - 1988 On 6/10/80 I entered the position of Associate District Chief, Colorado. Duties included intra-district coordination; fiscal management of hydrologic data and project studies programs; roject development including proposal preparation; attendance at cooperatormeetings; personnel and management reviews to insure effective use of employees. I was the Survey's representative on the Federal Interagency Commission for y Colorado River salinitycontrol; District representative to the Department of Interior Irrigation and Drainage Commission for Development of Selenium Studies in Colorado;loradoTeam Member to review and reorient NASQAN Program (November 1985 to 1988). Served as Acting District Chief from March 1986 through September 1986 and March 1987 through December 1987. 1988 - 1989 Acting Chief, Branch of Analytical Services. 1989 - 1991 Chief, Branch of Analytical Services. I was responsible for the management of the WRD's environmental Lab with an annual budget of 10 million dollars. The Laboratoryprovides analytical services, methods research in laboratory and . field techniques, and qualitycontrol to support Survey WRD projects in 42 Districts and q Division "Thrust" P rograms in surface- and ground-water toxics and river-basin assessment studies. During the 3 years I was Chief, the Laboratory became more responsive to customer needs -- good data on time and technical support. Also alleviated were budget deficits of previous Lab management teams. Additionally, as Chief of the NWQL, I led efforts to (1) initiate A&E studies for new national lab and research facilities worked with USGS, Branch of Space Facilities and GSA, (2) QCrateinteg program as part of the operational program rather than being a "policing" activity, (3) integrate Lab personnel into District activities and programs with other � P agencies, and (4) upgrade full performance level for Physical Science Technicians to g GS-9. 1991 - 2000 District Chief, WRD, Austin, Texas. The District Chief is responsible for the technical and fiscal oversight of about a 14 million dollar program involving both hydrologic data and hydrologic research/investigative studies. Work is conducted by about 150P Peo le located in 6 offices throughout Texas and in collaboration with New Mexico District staff in Las Cruces as well as Oklahoma District staff in the Woodward, Oklahoma Field Office. Improvements have been accomplished in the following areas: (1) Fiscal and staffing planning and management, (2) timeliness of interpretive and data reports, (3) project proposal quality project chief involvement with customers, (4) new customer and project and p J development,(5 cost effectiveness and efficiency within hydrologic data program and (6) ) elimination of long-time over-due reports. Though improvement is still possible, progress been made in areas -- increased awareness of project funds available, better has . . . monitoringof project spending and employee utilization, increase in gross funds per FIE E P from $71,000 in FY 96 to $95,000 in FY 97, reduction in late reports and progress on P those which remain, improved generation of new project initiatives, new customers, and improved use of staff coupled with a reduction in supervisory positions. Major new project activities in FY 98 in the District include: (1) SB-1: Monitoring and reporting of hydrologic is conditions statewide to facilitate water resources planning and management decisions, (2) source water assessment project for surface- and ground-water resources, and (3) ground-water model for the Houston metropolitan area. 2000 _ Senior Hydrologist working with HQ on programs involving the National Water Information System (NWIS) and delineation of waterhseds on a national scale. Other duties include working with the Regional Hydrologists Office in Central Region ion on the Federal Collection of Basic Records (CBR)program and project planning and management. AtJ9 .'s'r 3 a,c)00 Re. - v-€c) cr-cvNiDef';.. o T nte(-ior USGS1 B. BIBLIOGRAPHY Hawkinson, R.O., 1968, Cover, soil, and microrelief characteristics which influence runoff from a desert grassland range: M.S. Thesis, University of Arizona, Tucson, Arizona. Gilbert, C.R., and Hawkinson, R.O., 1971, A proposed streamflow data program for Texas: U.S. Geological Survey, Texas District Open-File Report No. 126, 52 p. Hawkinson, R.O., January 1972, Hydrologic studies of Little Pond Creek and North Elm Creek watersheds, Brazos River Basin, Texas, 1963-69: U.S. Geological Survey, Texas District Open-File Report, 137 p. Hawkinson, R.O., 1972, A comparison of mass-transfer and climatic-index evaporation computations from small reservoirs in Texas: Texas Water Development Board Report No. 141, 10 p. , J.F. Hawkinson, R.O., and Steele, T.D., 1972, An evaluation of Blakey, water-quality records for Texas streams: U.S. Geological Survey, Texas District Open-File Report, 54 p. Jennings, M.E., Hawkinson, R.O., and Bauer, D.P., 1972, Application of a stream-system model for evaluating effects of floodwater retarding structures on small basin flood flows: Proceedings of national symposium on watersheds in transition, June 19-22, 1972, American Water Resources Association and Colorado State University, 5 p. Steele, � Gilroy,T.D. Gilro , E.J., and Hawkinson, R.O., 1974, An assessment of areal and temporal variations in streamflow quality using selected data from the National Stream-Quality Accounting Network (NASQAN), U.S. Geological Survey Open-File Report No. 74-217, 210 p. Ficke, J.F., and Hawkinson, R.O., 1975, The National Stream-Quality Accounting Network (NASQAN)--some questions and answers, Geological Survey Circular No. 719, 23 p. Hawkinson, R.O., Ficke, J.F., and Saindon, L.G., Feb. 1977, Quality of U.S. rivers, 1974--based on the National Stream Quality Accounting Network NASQAN): U.S. Geological Survey Open-File Report 77-151. Covay, K.J., and Hawkinson, R.O., 1982, Hydrologic-information needs for oil- shale development, northwestern Colorado, chapter on surface-water qualityWater Resources Investigations Report 82-4076, pp 49-58. Hawkinson, R.O., and Lystrom, D.J., 1983, Water Resources Investigations of the U.S. Geological Survey in Colorado--FY 1983: U.S. Geological Survey Open-File Report 83-138, 79 p. Hawkinson, R.O., and Lystrom,D.J., 1984, National Water Summary 1983- Hydrologic Events and Issues, Colorado Water Issues: U.S. Geological Survey Water-Supply Paper 2250, pp 96-99. Butler, David L., and Hawkinson, R.O., 1990, Sediment discharge in Fortification Creek and the effect of sedimentation rate on the proposed Rampart Reservoir,Northwest Colorado: Water Resources Investigations Report 90-4103. C. MEMBERSHIP & ACTIVITIES IN PROFESSIONAL SOCIETIES: 1. MEMBER, AMERICAN WATER RESOURCES ASSOCIATION 2. MEMBER, NATIONAL WATERSHED COALITION D. ANCILLARY SKILLS AND ACTIVITIES: 1 4 1. SOCCER PLAYER/COACH/REFEREE 2. BASEBALL COACH 3. SNOW SKIER E. AWARDS AND HONORS: 1. 30 YEAR LENGTH OF SERVICE AWARD 2/98 2. PMRS PERFORMANCE AWARD 8/93 3. OUTSTANDING PERFORMANCE RATING 8/92 4. PMRS PERFORMANCE AWARD 8/92 5. OUTSTANDING PERFORMANCE RATING 8/91 6. PMRS PERFORMANCE AWARD 8/91 7. SUPERIOR SERVICE AWARD 11/90 8. OUTSTANDING PERFORMANCE RATING 8/90 9. PMRS PERFORMANCE AWARD 8/90 10. OUTSTANDING PERFORMANCE RATING 8/89 11. PMRS PERFORMANCE AWARD 8/89 12. OUTSTANDING PERFORMANCE RATING 8/88 13. PMRS PERFORMANCE AWARD 8/88 14. 20 YEAR LENGTH OF SERVICE 2/88 15. OUTSTANDING PERFORMANCE RATING 8/87 16. PMRS PERFORMANCE AWARD 8/87 time" 17. 10 YEAR LENGTH OF SERVICE 2/78 • 0 q 7 RALPH STEIN ..Oro Valle\ -' L 85737 August 4,2001 Town Clerk's Office 11000 North La Canada Drive Oro Valley, AZ 85737 Attention: Storm Utility Commission Enclosed is my application for the Storm Utility Commission. I have also included a resume of my work background and education. This additional information should be helpful in evaluating my credentials for the Commission. Although my experience has primarily encompassed the nuclear field, many activities included siting,drainage and pollution control. I have a strong interest in providing my services to the town of Oro Valley. It is my home and I would like to contribute to its well being and proper growth. During the next two weeks,I will be out of town, returning on August 21. However, I do check my voice mail regularly and will respond to messages while I am away from my home. Sincerely, y. 4 Ralph .tein JP 0 4.4- ...*.r.....c' ..;.;!:t ORO VALLEY BOARD/COMMISSION APPLICATION ,couN____:::0 ,,,,,..,_ Dear Oro Valley Citizen: We appreciate your interest in the Town of Oro Valley. Enclosed is an informational form which when completed will allow us to quickly process your application. asked for is optional, your supplying the information will greatly assist in an understanding While the information p of education, experience and background to allow the best possible use of your talents which you are so kindly willing to provide to the Town of Oro Valley and for which we thank you. Please return to the Town Clerk's Office, 11,000 North La Canada Drive, Oro Valley, Arizona 85737. Name STIr'I , gALPH Niti 1 Last First Middle Home Address i Business Address Home Phone Business Phone Number of Years in Oro Valley 6. /4/ / .,(?&A,i_ , g//10 / Signature f Date Please state which board/commission you wish to join and why. cro -i Y UTILIf �D/4/11/S !ON, ' ELIv '/4 TecH��cAI �9AJ MAtiAfE' .5cILLs ♦o ! if t ) 0-4 dagt r iv or . . . 14, •4. r •A I .C . tr 6 ,1. 't_ u r. no I,E Co Al 0/vs Please list other community, civic, professional, social, educational, cultural or athletic organizations you have been lengthof time, anyoffice held, and any achievements in those organizations you feel are affiliated with, noteworthy. — 50Aiz,0 o 2�=cTo S No Ai tv E OlvERs Associsris,�V.- f2sr 6oD; es/4,4/3/.i_s i 601n 61 c- Amp ormeRs Nn e c n vE s 856-94 --Air_cu , 56 Dsj, yy-,qrg _ = /N Toni N14 77L7N�4 0o 0 L UATT E ' �: i c1 PA-7-EDU AN//1N/Ai,4 L P�-,S i i71J STv es �' RS r PfLE$IDEArr, 4erjc, /J jvcLEwA Sôciry, Lacgt, C 1-115 /y�."\ 4 /&5714-16 le/L. O77 E . A ciiiik-vri g W TS SEE i4-r77�c� D E What do you consider your hip ghest responsibility, skill or achievement; professionally and/or personally, and why? v L.1, :t jai # I !i-4-v L: I r • • 'C F i r/q , DL s 4 L lir IP-1 1 LEv,ct JVQLL EAL 1/ditE I e - CHl LD/E4 .r 'Du # t 114 '/F.P 111/771 C ill LP/2P l ( uc ' it-EN) EMPLOYMENT Please listP revious employment. List your past or present employment first: fLcE 5'6- % Dates of Employment Company Name& Address 1. 2 3. 4. 5. (List Position& Job Description in numbered order as listed above) EDUCATION Briefly describe your educational background: Institution/School Degree Received 1. P & se SEE eE5V/14E ,477 ccHED 3. 2 4. c Area of Study in numbered order as listed above: Other fields of study, professional institutes, training program, etc: IF DESIRED, FURTHER INFORMATION MAY BE ATTACHED 3 Ralph Stein Education B.S. in OLE., University of Pittsburgh, 1954 Ohio State University, Nuclear Engineering Graduate Program, 1956-1959. (No degree) DOE Senior Executive Service Candidate Program, 1980-1982 (certified). Work Summary Mr. Stein joined Golder Associates Inc. as a Proxy Holder and Director for Golder Federal Services, Inc. (GFS) and currently manages the GFS Washington, DC-area office. Before joining Golder Associates, Mr. Stein was an SAIC Assistant Vice President and Operations Manager with 35 years experience in the nuclear field, including 18 years in management of nuclear waste. He was responsible for management of 5 divisions covering such diverse areas as RCRA, CERCLA and NEPA support, public affairs and outreach, information systems, ground water modeling and technology development for site remediation, and management of spent nuclear fuel. He is a recognized national and international expert in the siting and management of nuclear waste facilities. Mr. Stein was a senior DOE program manager for numerous nuclear activities, associated with spent nuclear fuel and high level waste. He directed the development of numerous environmental reports and an EIS which formed the basis for a Department of Energy (DOE) decision on geologic disposal for spent nuclear fuel. He has strong expertise in the various EPA and NRC regulations and standards for managing waste streams and used this capability in managing the development of nuclear waste facilities characterization plans and waste minimization strategies. Mr. Stein established a performance assessment (PA) organization within DOE Headquarters and subsequently integrated this activity throughout the spent nuclear fuel and high-level waste program. Mr. Stein has represented the Department with the Nuclear Regulatory Commission and the Environmental Protection Agency, Congress and the Utilities. He was the Team Leader for the Pantex Tiger Team serving under the Secretary of Energy. Professional Experience 4/96 — 12/98 Golder Federal Services, Inc. Washington, D.C. President and Manager of Washington-area Office Mr. Stein continues in his role noted below. 1/94 -4/96 Golder Federal Services, Inc. Washington, D.C. Vice President and Manager of Washington-area Office Mr. Stein both manages the Office and provides broad management and environmental services to the Federal Client. In particular, he provides expertise to the Department of Energy (DOE) in spent nuclear fuel management, siting of nuclear waste disposal facilities, regulatory interpretation and implementation, and storage and disposal of 07/96 Ralph Stein mixed waste and spent nuclear fuel. Mr. Stein also assists in the evaluation and development of DOE management and policy issues. In addition to these activities, Mr. Stein participates in non-Federal and international activities, including siting activities for low level radioactive waste and spent nuclear fuel. Mr. Stein is responsible for all business development activities in the Office and decision-making on other business activities originating at other Golder Federal Services offices. Mr. Stein, in addition to these functions, is Proxy Board Chairman and a Director of Golder Federal Services, Inc. 3/93 - 12/93 Golder Associates Inc. Washington, D.C. Vice President and Manager of Golder Associates Inc. Federal Services Division In this position, Mr. Stein was responsible for startup and operation of a new office providing environmental and geotechnology services to the Federal sector. In addition, Mr. Stein provided direct technical and management services to the Department of Energy and other agencies on broad radioactive and hazardous waste matters. 10/90 - 3/93 Science Applications International Corporation Assistant Vice President and Operations Manager Mr. Stein managed a 100+ person organization providing broad technical and management support to the Department of Energy as well as to other agencies and clients, including the Waste Isolation Pilot Plant, support for the Idaho Operations Office, strategic planning, and general program support. The activities involved management, studies and evaluations into RCRA permitting, waste characterization, development of regulatory criteria, review and modifications to DOE orders, technology development, waste minimization and assessing the impacts on the Department's radioactive waste repositories, among others. 1987 - 1990 U.S. Department of Energy, Office of Civilian Radioactive Waste Management (OCRWM) Associate Director, Office of Systems Integration and Regulations In this capacity, as the Director of an office of 45 persons and a budget of about$60M, Mr. Stein was responsible for policy, planning, managing and overseeing the integration of the civilian radioactive waste management systems, developing and managing the transportation program and related facilities, managing the development of transportation and storage casks, management and coordination of all regulatory, safety and quality assurance activities for the civilian program including related 07/96 Ralph Stein performance assessment analysis and management and development of Environmental Impact Statements. The Office was also responsible for development of licensing plans, coordinating and managing activities leading to the licensing of a repository and storage facilities and coordinating and managing activities to demonstrate compliance with NEPA, RCRA and State and local environmental regulations. He represented the OCRWM and its programs to the NRC, EPA, Congress and Utilities. 1982 - 1987 U.S. Department of Energy, Office of Civilian Radioactive Waste Management Director, Engineering and Geotechnology Division As Director, Mr. Stein was responsible for providing management and coordination of all geoscience activities, engineering development, facility design, construction, operation and decommissioning efforts related to the geologic repository program. The Division also provided management for development of site characterization plans, and assessment of the geoscience testing underway or planned. In addition, the Division was responsible for evaluations of alternative disposal options and performance assessment and modeling of the repository. The Division consisted of 25 persons with a budget of close to$200M. 1980 - 1982 U.S. Congress, House Science and Technolgy Committee DOE Fellow Mr. Stein was assigned to the Energy and Production Sub-Committee where he provided Staff functions for the Members. This included analysis of technical issues, evaluation of funding, arranging hearings, developing technical questions and preparing legislation drafts requested by Members. In this latter category, he was a principal contributor to the development of the Nuclear Waste Policy Act of 1982. 1978 - 1980 Department of Energy, Waste Management Division Waste Isolation Pilot Plant (WIPP)Program Manager and Basalt Waste Isolation Project (BWIP) Program Manager As Program Manager for these Projects (WIPP, 1978; BWIP, 1979-80), Mr. Stein was responsible for overseeing all technical, programmatic and budgetary activities. This included review and approval of engineering designs, site evaluations and preparation of environmental documents such as Environmental Impact Statements and Environmental Assessments. Under his direction, site preparation and construction activities were initiated and a program developed to determine the suitability of the site(BWIP). 07/96 Ralph Stein 1973 - 1978 Department of Energy, Reactor Development Project and Facilities Manager In this position, Mr. Stein was responsible for managing all major new initiatives involving large reactor and reactor support facilities. In addition, he served as the DOE manager for large, complex in-core experiments, such as the Sodium Loop Safety Facility, an in-core pumped sodium loop. As Manager of the Safety Research Experiment Facility, he was responsible for management of the conceptual design for a fast reactor and related test facilities. These facilities were planned to support the development of a commercial fast breeder reactor. 07/96 Ralph Stein 1961 1973 National Aeronautic and Space Administration, Plum Brook Station, Lewis Research Center, Reactor Division Division Manager Served in a number of increasingly responsible positions at the Plum Brook Reactor Facility and Plum Brook Station. As Assistant Chief, Engineering Branch, Mr. Stein was responsible for managing the reactor mechanical and electrical designs and management of construction. As Chief, Project Engineering Office, the experiment program, including analysis, design, fabrication, checkout, operations and data reduction fell under his purview. As Deputy Chief, Reactor Division, all elements of the facility operations were subject to management and direction by the Division Office including shutdown of the reactor facility in 1973. In this capacity, Mr. Stein managed over 200 persons. 1959 - 1961 ALCO Products, Incorporated Mechanical Engineer Part of a contractor support team at the Army's SM-1 reactor, Fort Belvoir, Virginia. Responsible for operations of the process control system and mechanical designs. 1954 - 1959 Battelle Memorial Institute Columbus, Ohio Principal Engineer Engaged in Research and Development related to nuclear chemical processing, fuel element fabrication technology and metallurgy. Awards/Honors NASA Sustained Superior Performance Award, 1963 NASA Merit Incentive Awards, 1964 and 1967 ERDA Special Achievement Award, 1976 DOE Special Achievement Award, four awards DOE Special Service Awards, 1985 and 1986 DOE Exceptional Service Award, 1987 DOE Meritorious Service Award, 1989 Selected Publications/Presentations Publications 07/96 Ralph Stein R. Steing The Civilian High Level Radioactive Waste Program. Waste Management 96. February 25 - 29, 1996. P. Corpst ein R. Stein and T. Blackburn. The New Process for Selection of a Site for Low-Level , Radioactive Waste Disposal for Illinois. Waste Management 96. February 25 -29, 1996. M. Frei and R. Stein. A Programmatic Overview for the DOE-Owned Spent Nuclear Fuel Program. Waste Management 95. February 26 -March 2, 1995 R. Stein. DOE Perspectives on the Regulatory Framework of the Civilian Radioactive Waste Management Program. International High-Level Radioactive Waste Management Conference. April 8- 12, 1990. R. Stein. Site Characterization and its Role in Repository Licensing. Radioactive Waste Management and the Nuclear Fuel Cycle, A Multinational Journal. December, 1989. R. Stein. An Overview of the National Civilian Radioactive Waste Management Program (Invited Paper). 10th Annual Conference on Structural Mechanics in Reactor Technology. August 14-18, 1989. rY R. Stein. Introducto Remarks to the Conference on Geostatistical, Sensitivity and Uncertainty Methods for Ground Water Flow and Radionuclide Transport Modeling. CONF-870971. Proceedings of Conference, September 15-17, 1987. R. Stein. The United States Geologic Repository Program. IAEA-SM-289/2. Proceedings of Symposium on Siting, Design and Construction of Underground Repositories for Radioactive Waste, Vienna, 1986. R. Stein and P.L. Collyer. Pilot Research Projects in the United States for Underground Disposal of Radioactive Wastes, IAEA-CN-43/459. IAEA International Conference on Radioactive Waste Management. May 16-19, 1983. R. Stein, M. Glora. Licensing Considerations for NWTS Program Strategy. Proceedings of the American Nuclear Society Winter Meeting. November 15, 1982. R. Stein, R. DeFayette, L. Homyak. Experimental Design Studies for Fuel Pin Development, National Symposium for Fuel Pin Development, CONF-690910. September, 1969. R. Stein and R.E. Monroe. Corrosion of Zircaloy-2 Sheet Weldments. Welding Research. December, 1958. 07/96 Ralph Stein Presentations M. Frei and R. Stein. Requirements for the Emplacement of DOE-Owned Spent Nuclear Fuel into a Civilian Repository. International High-Level Radioactive Waste Management Conference. April 30 - May 5, 1995. R. Stein. The OCRWM Transportation Program. Proceedings of the Symposium on Waste Management. February 25 - March 1, 1990. R. Stein. The U.S. Geologic Repository Program: An Overview. International Symposium on Design and Construction of Underground Repositories, Hanover, FRG. March 3-7, 1987. R. Stein. International Training Course on Management and Disposal of Radioactive Waste, IAEA/AECL. Winnipeg, Manitoba, Canada, May 26 -June 13, 1986. R. Stein. DOE Perspective on the Regulatory Structure. Proceedings from Waste Management 85. March 24-28, 1985. R. Stein and Steve Lanes. Nuclear Waste Legislation - Issues and Impacts. Proceedings of the Waste Management 83 Conference. February, 1983. R. Stein and P.L. Collyer. The DOE Test and Evaluation Facility Program for a Geologic Waste Repository. Atomic Industrial Forum Fuel Cycle Conference. March 21-24, 1982. 07/96 A . V---7 A ORO VALLEY BOARD/COMMISSION APPLICATION Dear Oro Valley Citizen: n i the Town of Oro Valley. Enclosed is an informational form which when completed We appreciate your interest will allow us to quickly process your application. While the information askedoptional,for is o tional, your supplying the information will greatly assist in an understanding g of education, experience and background to allow the best possible use of your talents which you are so kindly willing to provide rovide to the Town of Oro Valley and for which we thank you. the Town Clerk's Office, 11,000 North La Canada Drive, Oro Valley, Arizona 85737. Please return to Name '`�L� -- _ Last First Home Address .) f--Z-a/ 4- Business Address Home Phone Business Phone Numb-- •f Years i Oro Valley / (/1/ / �� b�`gn 1 ature Date Please state which board/commission you wish to join and why. _AL/ //.1/7;`-77,'Please list other community,�ty, civic, professional, social, educational, cultural or athletic organizations you have been affiliated with, length of any time office held, and any achievements in those organizations you feel are noteworthy. _ _ What do you consider your highest responsibility, skill or achievement; professionally and/or personally,and why? ."-P .----. -24/5/ 4. -, - j 1 ----. eA,C/Z,Aj 671, ilZ/ .:,611-fl- 14.--- - . /2 - -(1 - ' F(s1-.e.'1' EMPLOYMENT Please list previous employment. List your past or present employm t first: Ase,471/)E2,1-= -5/-74:iet Cf, -. /e_Z-,1) ) Dates of Emplovme t Company Name & Address 1. . '' /4 . —71/99, Aii/''' ' I — - 3. 4. (List Position& Job Description in numbered order as listed above) _}-L- .6//&r AlbtX4c--Je.— te3/_54.4_, 7244/1-14-‘ 7,e.. A:0 -)atio_i 1 mmfA.-- -., ,,, , ..04,6-,e4,14 - 4,5445o94E-_-c.,--) .a/i.Lzr.; , ,, 61L.-- EDUCATION Briefly describe your educational background: Institution/School Degree Received 1. 4/611 65 .7-icioiii.tr,t9e-; A/4- ). 0 ,51, )1(e4_ 3. 2 A ' 4. Area of Study in numbered order as listed above: Other fields of study, professional institutes, training program, etc: IF DESIRED, FURTHER INFORMATION MAY BE ATTACHED 3 . A7 . ' ,00 9J7 , NEIS 8 CALLAWAY, P. C. ATTORNEYS AT LAW 1100 TRANSAMERICA BUILDING JOHN M. NEIS 177 NORTH CHURCH AVENUE TEL(520) 622-3600 WILLIAM H. CALLAWAY TUCSON,ARIZONA 85701 FAX(520) 622-13 6 4 August 10, 2001 Town Clerk Town of Oro Valley 11000 North La Canada Drive Oro Valley, Arizona 85737 Dear Sir: Enclosedp lease find my application for the Stormwater Utility Commission. I am also enclosing a copy of my resume in case it may add any other information. ify ou have any questions, please do not hesitate to contact me at either my office or at my home. Thank you. Sincerely yours, r 'Thr\ne•\.,‘. .,. alPhn M. Neis JMN/dg Enclosure • ORO VALLEY BOARD/COMMISSION APPLICATION Name: Neis, John McCormick Home address: Oro Valley, AZ 85737 Business address: 177 N. Church Avenue, Suite 1100, Tucson, Arizona 85701 Home phone: Business phone: Number of years in Oro Valley: 2.5 in Oro Valley. 28.5 years in northwest area of Tucson prior to moving to Oro Valley. August 10, 2001 S'gn. re Date Please state which board/commission you wish to join and why. Stormwater Utility Commission - I believe this issue is critical to Oro Valley's future. It is also critical to residents, homeowners associations in low areas next to arroyos. Please list other community, civic, professional, social, educational, cultural or athletic organizations you have been affiliated with, length of time, any office held, and any achievements in those organizations you feel are noteworthy. Currently, I am serving as president of Desert Greens Homeowners Association and a board member of Southern Arizona Child and Advocacy Center. I have served as president of two previous homeowners associations. During my years in Tucson and Oro Valley I have sat on the boards of many non-profit organizations such as president/board member for the Catholic Foundation for the Diocese of Tucson; president/board member of Parents Anonymous; president/board member of Marana Health Clinic; board member of CODAC; board member of Tucson Parks Foundation; Pima Association of Governments committees, Tucson County Club and Oro Valley County Club committees as well as member and board member of various Bar (legal) associations. I have continually served on non- profit boards and various committees over the past 31 years. The Oro Valley and Tucson areas have been very good to me. I believe it is important that we must give back to the community. What do you consider your highest responsibility, skill or achievement; professionally and/or personally, and why? Obviously, my marriage to my wife Krista is the most important factor in my life. Professionally, I have my own law practice and as such, each and every accomplishment for my client I consider to be important. I consider my work as a Board Member and work in the community to be very important. Prior to my own law practice I was appointed by the Pima County Board of Supervisors to run the Pima County Public Defender's Office. EMPLOYMENT Present employment listed first. 1. 1988- present Neis & Callaway, P.C., Tucson, Arizona 2. 1980-1988 John M. Neis, P.C., Tucson, Arizona 3. 1979-1980 Neis & Taylor, P.C., Tucson, Arizona 4. 1971-1979 Pima County Public Defender's Office, Tucson, Arizona 5. 1968-1971 Ernst & Ernst, Tucson, Arizona (List position & job description in numbered order as listed above.) 1 . Partner and Attorney in private practice of law specializing in criminal defense law, civil litigation, etc. 2. Owner and Attorney in private practice of law specializing in criminal and civil litigation. 3. Partner and attorney specializing in criminal and civil litigation. 4. Appointed by Pima County Board of Supervisors to head Pima County Public Defender's Office. As director and attorney I was responsible for 60 employees, 33 lawyers and 5,000 defendants annually. Was Deputy Pima County Public Defender 1971-1974 dealing exclusively in criminal defense law. 5. Worked as tax accountant and auditor. EDUCATION Briefly describe your educational background: Institution/School Degree Received 1. University of Texas J.D. 2. University of Michigan M.B.A. 3. University of Michigan B.B.A. Area of study in numbered order as listed above: 1. Law 2. Business 3. Business Other fields of study, professional institutes, training program, etc. Obviously, as an active lawyer in Tucson I attend numerous courses and training in areas to enhance my professional expertise. Such courses and continuing legal education is too numerous to mention but can be provided if requested. REFERENCES WILL BE PROVIDED UPON REQUEST. • JOHN M. NEIS Oro Valley, Arizona, 85737-5042 Home: ( Office ( Personal Born: May 11 , 1942; Height: 6'0"; Weight: 210 lbs. Family: Married, three adult children Education & B.B.A. - University of Michigan - 1964 Academic M.B.A. - University of Michigan - 1965 Achievements J.D. - University of Texas - 1968 -Recipient of American Jurisprudence Award in Labor Law -Licensed to practice law in Arizona, Texas and Federal Courts -Since 1968 I have attended various classes and seminars in law, taxation, management, criminal justice, etc. Experience Attorney in the private practice of law, Tucson, Arizona. 1979 - Present As a sole practitioner, and presently a partner with Neis & Callaway, P. C., I have a general litigation practice with major emphasis in criminal defense, probate, domestic relations, business, some real estate, personal injury and taxes, etc. I also serve as a court appointed arbitrator in numerous cases. My practice involves both trial and appellate work in administrative, municipal, county, state, and federal courts. I also have an office practice. 1981 - Present Faculty member at the University of Phoenix, Tucson, Arizona. I teach both undergraduate and graduate-level business law courses and ethics. I have taught managerial accounting and economics. I previously served as Area Chair. 1974 - 1979 Pima County Public Defender, Tucson, Arizona. My duties and responsibilities were, upon order of the court, to defend, advise, and counsel defendants in felony cases, misdemeanor cases, extradition hearings, civil commitment hearings, juvenile delinquency and incorrigibility pg appeals s and a eals to higher court or courts. The total annual case load was in excess of 5,000 cases. In order to fulfill these duties I was responsible for a staff of over 70 people with budgets in excess of $1 .5 million. In addition to indigent ent criminal defense work, this position included: Establishing annual budgets; developing develo in an efficient organization;drafting potential legislation, local court rules, and various legal documents; hiring, and in a small number of cases, personnel;dismissingersonnel; working with judges and other officials; serving on numerousjustice criminal committees; giving speeches; communication with the media; and anyother work necessary as the head of a large law office. Accomplishments - 1 created an experienced, client-oriented, professional staff reducingturnover from over 50 percent to less than 20 percent; while established maximum standards per attorney per year, thus preventing malpractice due to a large caseload; reorganized to meet office's growth while increasing efficiency;ienc ; reduced the office caseload from 92 to 70 percent of all Pima County criminal defense work. JOHN M. NE1S Resume - Page 2 1971-1974 Pima County Deputy Public Defender, Tucson, Arizona. I was assigned to represent people who were charged with jailable offenses and could not afford private counsel. This representation included attending arraignments in justice courts, preliminary hearings, Superior Court arraignments, motions, trials (court and jury), appeals, etc. These cases varied fromett theft with probation to first degree murder with the death penalty. P Y The courts varied from Justice Court to the United States Supreme Court. 1968 - 1971 Staff accountant and tax accountant for Ernst & Ernst, Tucson, Arizona. As an auditor, my responsibilities ranged from establishing the client's internal control and testing accounting procedures, to the final income and expense and balance sheet report and the management letter suggesting methods of improvement. As a tax accountant most of my work consisted of corporate tax returns. I also prepared personal tax returns. Part-time Duringthe period of my formal education, I worked part-time for ten summers Experience in sales, construction, banking and accounting. I also taught a course in human relations for Central Piedmont College. President of Casitas de Castilian, Inc., a condominium association, in 1971 . Additional Experiences Treasurer and President of the Marana Health Clinic, 1986 to 1989. The health clinic's budget exceeded $1 million. A major accomplishment was keeping the clinic self-sustaining when federal funds were terminated. I have also served as a board member and an officer of C.O.D.A.C., Parents Anonymous, A.C.L.U., Tucson Parks Foundation, Tucson Country Club, Pima Association of Governments, various church foundations and committees, justice groups, etc. Professional Societies - am Ipresently a member of the Arizona and Texas Bar practice licensed to in U.S. District, Appellate and Supreme Courts. I was also a member of the Pima County Bar Association Board of Directors. I am also a member of various disciplinary and other bar association committees. Lecturer I have lectured on various legal subjects to legal and non-legal groups. athletic programs in high school, college and post-college. Other Activities I participated in Presently I am activegolf in and occasionally in softball, basketball, and hone and piano and have been in various bands. racquetball. I play the saxophone I collect stamps and coins. References available upon request. P _i +1,0 0 e-ot- ,,,, 0 <0 6.42_C....---- ^ ;Zs %�'' oZ"Vdl 9 /7 : ;.''', .., 4:-...;:',''.77 -;::: a '✓ %Ak OROVALLEY BOARD/COMMISSION APPLICATION -a Foufro ;;1 Dear Oro Valley Citizen: inthe Town of Oro Valley. Enclosed is an informational form which when completed We appreciate your interest will allow us to quickly process your application. While the information askedoptional,for is o tional, your supplying the information will greatly assist in an understanding g of education, experience and background to allow the best possible use of your talents which you are so kindly willing to provide to the Town of Oro Valley and for which we thank you. Please return to the Town Clerk's Office, 11,000 North La Canada Drive, Oro Valley, Arizona 85737. Name ¼rieqh ii a ir g 5 1,1), Last First Middle Business Address r e ii e-e d Home Phone Business Phone /1//-1 Number of Years in Oro Valley 4/ am&e.el o0 WA-4_74 S-.--- y- ,12 0 0/ Si a Date Please state which board/commission you wish to join and why. f', - 1'rn)GAJct/er tiii iii/ ( sien 1 I A IA, _Jr cito r'1'Y1 1 r k1 L,I--- ic11?ce i urn [ziiJiiir j i 1A l Q 7 f A. 1 ') / i '1 C .L - 'i(1 _ )/ . 41 t• r Please list other community,unitcivic, professional, social, educational, cultural or athletic organizations you have been y, affiliated with, length of time, anyoffice held, and any achievements in those organizations you feel are noteworthy. 1 .� / / 1 f . . ,.. 1', / i4 S A -C:t.-t' Fermi-I/ /cYL•n (riv 11 <-a irliz.h Cl. f; I/-I lit V) in .eM [Dici Zif Pe y) r4:1-f is.,s p !-- A Y iZ- c 4 4 11,4 1 )'1,.Ail limitlE' ' -irisfi 1jt, I 46f--/ �/ � c)i4 I ynia = ACI /chi-y 60,-( t%Zvi✓►„t' h�F,3 fro 13.4 ly In I - 19bk' L Fill)Y/n Gvt4 . Niv4y /2 dz.:-r 14 6,ti rq1 ,n ,9a 4 49--rte' 4, /.. (7,1 I,,I7/J Zk % 1 / 6 ? - l /6 12,2 / t r 4 +„► What do you consider your highest responsibility, skill or achievement; professionally and/or personally, and why? 1 /,, 1� to 0y' S m t y#c Y-� tle'Ctfi�' m�* f;1.7„: �X,II�i fig�� - 1?� � � ;5 � 'r .r-14✓! t 1- t , gfv,'r i s • 61•11,1 b Ci _e' Hy 6c'II Jas 14 Melt.el” Ls fife'Aril : �� )3z4 4,e47_f-r1 z EMPLOYMENT Please list previous employment. List your past or present employment first: Tv 'f DD7v [le y (Pk d2 . t) r• � 41 pi `b, Dates of Employment Company Name& Address 1. 3. 4. S. (List Position &Job Description in numbered order as listed above) EDUCATION Briefly describe your educational background: Institution/School Degree Received 1. bin ly 8-''2. frl s" (c t ) / 754- z;.$ !f$ 3. 2 4. S Area of Study in numbered order as listed above: Other fields of study, professional institutes, training program, etc: IF DESIRED, FURTHER INFORMATION MAY BE ATTACHED 3 *MA ri • I'11'ILH r H-i.',, i`;U. t'z.:�_?�'��1`7i .0 HU 9. U( cfM.:11 1 1••.)0HM'1 r` - r A NiC, . S.Y o 9 /s ,_ -,, ;1.FY A ..', - �,4P . R/ . ...-. :.:.:..:::::::-... 0 1 .. "•• •..:::..-- ...-..) 4!.:... .1 ORO VALLEY BOARD/COMMISSION APPLICATION •*o Dear Oro Malley Citizen: We appreciate your interest in the Town of Oro Valley. Enclosed is an irdortnational form which when completed will allow Lis to quickly process your application. While the information asked for is optional, your supplying the information will greatly assist in an understanding of education, experience and background to allow the best possible use of your taikn which you arc o kindly 8j willing to providee to the Town of Oro Valley and for which we thank you, Please return to the Town Clerk's Office, 11,000 North La Carladg Drive,Oro Valley,Arizona ii5737. Name ' / IA' _ -___:u2r1222 ,..5.• Lae First Middle . _._...�..� Business Ades Nwrrt• of Y-- in Oro Valley ........._2_____ ,..-:--# /L. 4 a : - — _ 45L/16.1_ Sigtutture IP Please state which bo4rdicovnission you wish to joint and why/ ., '�, r l,,,)ale._r 66,41 .. ..-.2zrn rd, — __,--- :ie.-I,'li-e c/ 0* ,_„72e—LaPLL..........6)44/7-9 I f..1-/0 Pi .5- pi txtz:1_,L......_,_,. ..,,t, e4sj.,7;.._____ ,f._,__/r, c___ . ...._4(.;'',1 e_ i r i,e , 7 _ „., ,-1.---) . e,-4,( i'.i..e-oz74 X., r - .e.),/z. 4-et*?r-"*" e','.;if-i 1 ' - 7-- 4' '21#/ Al'i . /A / cc"i ' Plc= list mst other Coty, civic, professional,social education,cultural or athletica org tion you have been arc affiliated with, length01 time, any office held. and y achievements in those or ar tious you feel ' noteworthy. -, ., - j ,�/ C�'f7 t ✓ rye �' ,, �� 7�c �✓ rf s (-Z/-- �� ?:.L.....(::/ — - --,.---- • .r L +rte,.___. e ....,,ScL(L42____ _:efe it ',I.. ij ..._‘...1_4:_;- ._,/_"I. - 1. t-Ki_fr I tir IL H I-HA HU. : ."./c.1-j1U HU c4. LI ZULli I I ,5(HP1 What do you consider your highest rexnsibility,skill or achievement; professionally tuldior personally, and why? c:•,-z i i d je.e e-t./e / , ,-- .--___........,,.. — Z... , ,,Zie2_____ /ife4p _ __.............________ _.....___. .....___. --.111.1.••••••••••••••••--.-- -•-•••••...,...w.... •••••••...._... •••• - .. ...... --..-..... ._ EMPLOYMEN L __ T ..............._...______.._.... Please list previous employment. Lis your past or pment employment fint: 22-9)e r9. , zifA,e tozy_.............,____ ----,_,ZeJe_ __„.e.,,--- , z- - ,.....vc,t4_.1.4.., ---,,,,_.: (-- 77-e-C.. 11 :/4 -(L...j=ZA ., 4 ,,.._,.., 0 _ '''' -) ' - , • "-.4,11--- ,...... __........... TAktsisafnutionsni _______ .L.-1-22/11-‘.-.dL- .. ______________.____ ____. gY.:;/ZW — 6.?"7"..-e•--11.'74 —_42221_ 54_2 0 0 Z) ....-___ ____........, ,- 11.••••.••••••1104..WP.P.....•••••. ••••.,.................•••• •,,• •4,/,^•^-, ••••,, •+••,....,.......r.• ..w.....,A.04.••••• ••••MM••••••-•.....,...................... ‘,... (List Position & Job Description in numbered order as listed above) /1 c)1• -•-il• ' . 7 '/re'- .: ./4-•0 , . ./ z - e;• ic:C ----- _ 4t_a_es- 7z22.._, *L ____ --.........r.v..m........1.1....... .--- . _--- . ..-............,................ 3 ;,,D> -_ 1-___„--iyhtiady..-i,:;_,,,y,:-.- -- - - ---- ____.... ___ . _ ---/ • •• ,_____ — _____ •,__ _. L ___ EDUCA.WeiV ---- __ Briefly describe your educauonai background: iti , t .. Ift, , , ntir.trittflind • ( 1. A - --fli-4"e -' 4'. le kf'fr-14 -,"1 '--- - ____L/i2ely_xl 1 olt //:f.,J. 4-,f 4-• (//7 --.............-...-,...,..........., -..,..,,,,,............. - ..----"--•-'.-=,.........,...4P,.. .- ..,_........._ 2 FROM MMLA FW NO. : 52132921290 Po.9. 07 2001 :37Pti P4 f 4 • 4. 5. Area of Study in numbered order as listed above: . % Of I. friPt ‘-; e Other fields of study,professional institutes,training program,tic: IF DESIRED,FURTHER INFORMATION MAY tig ATTACHED 3 , 6 TOWN OF ORO VALLEY TOUNCIL COMMUNICATION MEETING DATE: October 3, 2001 TO: HONORABLE MAYOR& COUNCIL FROM: CHUCK SWEET, TOWN MANAGER JEFFREY H. WEIR, ECONOMIC DEVELOPMENT ADMINISTRATOR Resolution No. (R)01-90 SUBJECT: ECONOMIC DEVELOPMENT INCENTIVE POLICY REVISION. SUMMARY: On August 4, 1999 the Town Council approved Resolution No. R 99-79 A, adopting Lodging Industry Incentives Policy/Guideline. This policy/guideline has been applied as the basis for two Economic Development Agreements, the first for the Ritz-Carlton Resort project and the second for the Sheraton El Conquistador Resort meeting space expansion and re-investment projects. The need for an increased presence of retail businesses that generate sales tax revenue has become the highest priority for Economic Development as the future years revenues forecast clearly indicates a reduction of residential construction related sales taxes. Recently the Town has received proposals for major retail developments located along the western side of Oracle Road (Steam Pump Village and the De Rito Partners projects). In at least one instance the developer has requested that an agreement between the Town and the 'eveloper addressing the "sharing" of sales tax revenues be considered (see attached letter from De Rito artners). Additional considerations by the Council that could be included in a revised/expanded Economic Development Policy address the possibilities of providing assistance for the Retention and/or Expansion of Existing Businesses, consideration of expansion of the Town's boundaries through annexation (i.e.; paving of streets, construction of a trails system, etc.), aggressive recruitment of"Targeted" employment based businesses (high tech/high salary), and the flexibility to react to needs in a future setting. The use of incentives has been an accepted practice by many communities for a long period of time. It is prudent that the use and/or consideration of using incentives should be carefully defined. In most instances the community must receive an important (as determined by that community) benefit in some measurable form. Some examples of current incentive practices in established Arizona communities include: Sales Tax Revenue Sharing, Transient Lodging Tax Revenue Sharing, Reduction of hook up fees and/or impact fees, Reclassification of property resulting in lower property taxes, Infrastructure Improvements both for private sector businesses as well as part of an inducement for annexation activities, and other actions. When you move beyond the Arizona state line you will find incentive practices that also include: Direct financial grants, gifting of land or significant reductions in the price of land, and payment for all forms of utility extensions. The need and opportunity to re-address the Town's Policy towards use of various forms of Economic Development related incentives and/or inducements appear to be appropriate at this time. To that end I '-qve prepared the attached Town of Oro Valley Economic Development Incentive Policy Guidelines. The own of Oro Valley Economic Development incentive Policy Guidelines was developed as a comprehensive view of the use and possible application of incentives and/or inducements by the Town Council. The applicable uses are very broad by design to allow the Town Council discretion and flexibility. The Policy TOWN OF ORO VALLEY COUNCIL COMMUNICATION PAGE 2 OF 2 SUMMARY: CONT statement clearly states that the "Town may consider using some form of incentives"providing complete discretion as too applicability. Furthermore, the Policy statement states "These incentives will only be used when the Town satisfies itself that..... would have a significant, positive effect on the Oro Valley economy"thereby requiring a litmus test that must be satisfied each and every time. ATTACHMENTS: 1. De Rito Partners letter. 2. Draft Resolution. 3. Town of Oro Valley Economic Development Guidelines. 4. Community Economic Development Strategy (CEDS). FISCAL IMPACT: N/A (Separately and Individually determined). AECOMMENDATION: Staff recommends the Town Council approve Resolution No. (R) 01 -90 adopting the Economic Development Incentive Policy Guidelines as presented. SUGGESTED MOTION: I move to approve Resolution (R)01 -90 I* • iv,- JEFFREY H.WEIR, CED Economic Development Administrator 0//dAJ/6e,dtad CHUCK SWEET TOWN MANAGER DP25 3 L. L.C. April 27, 2001 Mr. Jeffrey H. Weir Economic Development Administrator TOWN OF ORO VALLEY 11000 North La Canada Drive Oro Valley, Arizona 85737 Re: Vistoso Towne Center Southwest Corner of Tangerine and Oracle Roads Oro Valley, Arizona Dear Mr. Weir: In response to your recent meeting with Bruce Dunn, I am sending you this correspondence on behalf of DP25, L.L.C. to express our desire to commence formal p discussions pertaining to a tax revenue sharing development agreement with the Town of Oro Valley for Vistoso Towne Center. As we witnessed by the last neighborhood meeting, the proposed layout and design of Vistoso Towne Center have been well received. I am excited about this project with the Town's assistance and look forward to our future discussions. Thank you for your assistance in this matter. Sincerely, DP25, .L.C. r � /0 11 t Mart De Rit Man i g Member MD/mc 2400 East Arizona Biltmore Circle / Building 4, Suite 2450 / Phoenix, Arizona 85016 Ph: (480) 834-8500/ Fax: (602) 381-1981 / Development Fax: (602) 553-2940 C:\old\WINWORD\MD\Oro Valley\Town of Oro Valley\Tax.Rev.Sharing-J.Weir.doc File: Vistoso Towne Center—Town of Oro Valley RESOLUTION NO. (R) 01 - 90 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, ADOPTING ECONOMIC DEVELOPMENT INCENTIVE POLICY GUIDELINES. WHEREAS,the Town of Oro Valley's General Plan has identified pursuing diversification of the local economy as highly desirable and is well supported by the community, and; g WHEREAS,the existingCommunity Economic Development Strategy states that one major action step desired is the development and adoption of a Business Incentive Policy, and; WHEREAS,the existing Community Economic Development Strategy further states that the Town may from time to time wish to use some form of incentives to attract or retain targeted businesses, and; WHEREAS,the Town of Oro Valley recognizes the importance of developing a policy and guidelines that include similar considerations for the retention and expansion of existing targeted businesses as those that apply to the attraction of new targeted businesses; NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA: The adoption of Exhibit A, Town of Oro Valley Economic Development Incentive Policy Guidelines, attached herewith, provides examples of items that a business owner/developer may request consideration for. PASSED,ADOPTED AND APPROVED by the Mayor and Town Council of the Town of Oro Valley, Arizona, this 3rd day of Oc t ob e,r 2001 . TOWN OF ORO VALLEY, ARIZONA Paul H. Loomis, Mayor ATTEST: Kathryn Cuvelier, Town Clerk APPROVED AS TO FORM: Dan L. Dudley, Town Attorney EXHIBIT A TOWN OF ORO VALLEY ECONOMIC DEVELOPMENT INCENTIVE POLICY GUIDELINES GOAL: To provide the Town Council a set of guidelines that assist in the retention of targeted businesses and the attraction of new or expanding targeted businesses to the Town of Oro Valley resulting in the diversification of the existing tax base and the creation of employment opportunities. POLICIES: In certain cases the Town may consider using some form of incentives in order to attract or retain targeted businesses. These incentives will only be used when the Town satisfies itself that the addition of the new business or retention and/or expansion of an existing business would have a significant, positive effect on the Oro Valley economy. The need for diversification of the local economy which minimizes dependence of residential sales tax revenues is a necessity. This policy places a priority emphasis on new and existing businesses that generate significant sales tax revenues. As a guideline the following listing can be viewed as a prioritized preference: 1. Resorts, 2. Retail, 3. Other Lodging, 4. High Tech Job Creation, and 5. Service Providers. The following general provisions shall be considered prior to offering incentives. 1. Incentives will only be offered if they are actually necessary in order to affect the retention and/or expansion of an existing business or to attract a new business to the Town. This would include: - A situation in which the Town of Oro Valley has determined that the retention of an existing business is desirable. - A situation in which the Town of Oro Valley is competing with other cities for the expansion of an existing business to the Town or where incentives are actually necessary to affect the expansion of an existing business. - A situation wherein incentives are needed to induce a business to relocate or expand their operation to the Town of Oro Valley from an existing site in another city. 2. A high priority should be placed on the businesses "targeted"in the Community Economic Development Strategic (CEDS)Plan (1997, or the most recent update). 3. The project will have a substantial positive economic impact on the community, i.e.;the number of jobs created or the sales tax created by the project in the long-term will offset the short-term costs offered by incentives. Additionally, the project will be of such size or consequence to produce significant employment-or sales in related sectors. 4. Incentives should not continue for more than a 10 year period. 5. An emphasis should be placed on firms that provide diversification (within targeted industrial or commercial sectors)to the Town's economy. EXHIBIT A 6. The Town will not buy land or existing buildings or construct buildings for purely private objectives. The Town's position should be to offer incentives that have a relationship to public benefit. Improvements such as streets, water lines,traffic signals, storm drainage, parking structures, parks and open space, and similar publicly assessed improvements are examples of public-private financed incentives. Acquisition of property and construction p of buildings, if necessary, must be related to a public purpose. 7. The dollar amount of the incentives offered shall not exceed the cost of the project considered nor shall the incentive value be more than the project could reasonably expect to return in benefits within a ten year period. 8. Private dollars should be utilized whenever possible to up-front identified project costs and then to be reimbursed by the Town to avoid straining the Town's operational or bonding capacity and reduce the Town's front-end risks. 9. Incentives can be utilized for resort, retail, commercial and industrial projects Town- wide. e. 10. In certain instances incentives may be offered in conjunction with annexation activities which are viewed as important strategically. In the case of large-scale development areas, incentives should be combined with a community facilities district, where feasible, to offer maximum flexibility in attracting development. 11. The intangible or unmeasurable benefits of a business to a community, such as the location of a headquarters facility, enhancement of attractiveness to other similar businesses or suppliers, or other similar image-related items are also very important and should be considered along with other factors when making decisions on incentives. 12. Generally Retail projects which qualify should generate significant sales tax revenues similar to projects normally identified at a community or regional shopping center level. 13. Retail development projects are a high priority. 14. New Retail development should have an emphasis on meeting a need not currently being filled in the community, or providing a higher level of service/goods/products than presently available, or providing similar services in an area not currently being served. 15. Final authority for any approval of the use of an incentive and/or inducement rests with the Town Council. 16. Each action is separate and independent from all other actions associated with the approval of the use of an incentive and/or inducement. TOWN OF ORO VALLEY LE Y /k , ...i =:::,--z,-C i F.i.,;."...,,,?...7,..,•;•., 0 ...-.4f7.::'::' .:.7- '-'17'7;•'4•1*4fiUf.4, 4 -4. 7 ...._,..... _ . ,-...,„ , ., ...-,.: :.......:7,-,7-,!4.:,p-• "..v:-.14, $_, , - . . •.-- ; , .---,I:7,z..•, --_-..-40„ x- I ''.— f - • . • •,•"*.••• ,f• ' ''''''+',..•.-4-•••• '''' 4 Cc- ..a.".49,":.,•,, - '' ''. ,! ;_ - .,, ._, ,. ',•- / .44;f:,,,,,_, -.,,,,,:'„:;„4:4,,,•:-`,. • ,:1,-. • ;-'•9.• - - .:-.,'• . P.> :,••,....• ..,...!';'!„,-,,-;A.i--.1-,••::,.!•• -' 9._11.• • , -4. 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' ,. , " .sd4_,:\ ''':''',`.4,'4'''-4;14:-..e'*..:*:*T.F..•--1T-:- -,--,.:---:i ., -1---,---;---", :r: '- --r-_,....P7Pi:-.vg,-,--2:-.*-''•''*-----•• ." -_ --- --- : a,..,,, ,,,. lanigiatigi„,„„.0.44.0. • ,- 0 0N 0 ED COMMUNITY ECONOMIC DEVELOPMENT STRATEGY TOWN OF ORO VALLEY COMMUNITY ECONOMIC DEVELOPMENT STRATEGY SEPTEMBER 1997 TOWN OF ORO VALLEY TOWN COUNCIL CHERYL SKALSKY Mayor PAUL PARISI Vice-Mayor BILL KAUTENBURGER Councilmember FRANK BUTRICO Councilmember DICK JOHNSON Councilmember Acknowledgements The following persons were instrumental in the development of the Town of Oro Valley's Community Economic Development Strategy. Economic Development Plan Task Force Cheryl Skalsky Mayor Kit Donley Pro L.A.N.D. Dennis Douglas Chairman, P&Z Commission Melissa Franklin Educator, Amphitheater School District Patti Jo Lewis Development Review Board Richard Maes Vistoso Partners Michaele Ann Melton El Burrito Patio Restaurant Patty Morris Tucson Electric Power Oscar Rothenbuecher P&Z Commission Mark Weinberg Diamond Management Town Support Staff Chuck Sweet, Town Manager Norm Phillips, Economic Development Administrator David Andrews, Finance Director Don Chatfield, AICP, Planning & Zoning Director Bryant Nodine, AICP, Senior Planner TABLE OF CONTENTS Mission Statement ... 1 Background 2 ... Scope and Organization ... 3 Purpose ... 4 Action Steps ... 4 Town of Oro Valley-Assistance for Economic Development ... 9 Challenges and Vision for the Future ... 9 Appendix Economic Development Partners — Programs and Assistance ... 12 Economic Development Contacts ... 18 TABLE 1 - GTSPED Targeted Industries ... 19 MISSION STATEMENT "To increase the quality of life for Oro Valley citizens and the business community by developing a positive business climate consistent with the community's values to ensure the long-term financial and economic sustainability of the Town of Oro Valley." • 1 Background During past ast Y ear there has been a concerted effort on the part of Town and private individuals to develop an organized plan of action for economic development in Oro Valley. Oro Valley leaders have begun to realize that resources available for economic development are being depleted. The limited commercial and industrial lands are rapidly being developed. Also, the demand for municipal services creates an incentive for the Oro Valley community to establish a stronger commercial/industrial tax base in order to keep local taxes at a minimum. In July 1996, the Town adopted the Focus 2020: Oro Valley General Plan, which included an Economic Development Element. A key policy (3.IA) in the Economic Development Element of the Plan states: "Economic Development touches everyone and everything within a community. Policies made now will have substantial impacts on the future. They will determine the services a town can provide to its residents and the quality. To ensure that future growth reflects the desires of the community in balance with an analysis of the Town's financial needs, a Strategic Plan for Economic Development will be detailed to ensure that future development will complement community values and work toward implementation of the community's economic vision for the future." The development and use of an economic development strategy was deemed to be an important step in providing for implementation of the General Plan Goals and Policies. Without a strategic plan for action, the implementation of the General Plan Goals and Policies would likely be sporadic, uncoordinated, poorly timed and inefficient. With a strategic or action plan for economic development the Town can make the best use of limited resources in providing a focused economic development program for the community. A statement in the Economic Development Element of the General Plan says it best; "The success of the General Plan is measured by how well the plan is implemented." Important actions called for in the General Plan Element include: • Appoint an Economic Development Task Force to work closely with the Economic Development Administrator (EDA) to develop a Strategic Plan. • Develop an economic development marketing plan. 2 • Coordinate closely with surrounding municipal and regional as well as Statewide organizations. • Develop and maintain a computer database inventory of available land and buildings • Develop a fiscal impact analysis before initiating an annexation. • Develop an Economic Development Impact Analysis to be incorporated into the evaluation of significant development proposals. • Initiate the design of thematic entry monuments at key entry areas to Oro Valley. One purpose of an economic development strategy is to organize and implement these and other actions necessary to provide for an effective economic development effort. The second action item suggested in Economic Development Element was the appointment of an Economic Development Task Force to work with the EDA in developing a Strategic Plan. The Economic Development Task Force was appointed by the Town Council in August of 1996 to coordinate the completion and adoption of a strategic plan. The first Task Force meeting was held in October of that year. Care was taken to include members which represented various major groups within the community, i.e., small business, developer, land owner educator, utilities, home owner, etc. The Task Force met monthly from October of 1996 through August 1997. The Town Manager, the Economic Development Administrator, the Finance Director and the Planning and Zoning Director facilitated the meetings. In September 1997, the strategic plan document was completed and sent to the Town Council for implementation. Scope and Organization This document is designed to bring together under one cover the existing and planned strategies and programs into an overall community economic development strategy for the Town of Oro Valley. The name of this plan is the Town of Oro Valley Community Economic Development Strategy (CEDS). 3 Purpose The purposes of the Community Economic Development Strategy are as follows: • Implement the Goals and Policies of the Economic Development Element of the Town General Plan. • Make the best use of limited resources in providing a focused economic development program for the community. • Link all development-related programs and strategies in a formal way. • Provide guidelines in decision-making to the Town's political and administrative leadership to achieve unity of purpose in the pursuit of economic development goals. • Attract new public and private resources to assist in carrying out the action steps contained in the CEDS. Action Steps (1) Establish an Action Program and operating budget for the Economic Development Administrator (EDA). The EDA will work with the Finance Director and Town Manager to develop an action program and operating budget for one year and operating guidelines for a three-year program (subject to refinement). This program & budget will provide the general framework in which the EDA is expected to operate and is based on activities needed to implement the Economic Development Element of the General Plan. The one-year program will provide a focused scope, while the three-year program provides the broader operating context. This process of developing the one and three-year program is advanced by one year and updated. (2) Insure that adequate funding resources are available to implement the action steps contained in this document. The EDA and the Finance Director will work with the Town Manager and Town Council to assure that adequate funding is available to carry out the action steps contained in the Economic Development Strategic Plan. 4 (3) Pursue private, county, state and federal funding sources. The EDA will seek out available funding from various sources including the private sector and various governmental agencies. (4) Develop and implement a Business Retention Program. A retention program will be developed which provides for regular visits by Town staff to Oro Valley businesses. A survey will be utilized and information summarized at the end of each year and an annual report produced. The report will be used to analyze and evaluate Town services, development trends and other information relating to the business community. The report will be presented each year to the Town Council. (5) Monitor expansion plans of businesses in the community. In conjunction with the Business Retention Program, the EDA will closely monitor the expansion and relocation plans of businesses in the Town. The EDA will assist expanding businesses with their plans and help to expedite the development review and construction process. (6) Work with appropriate agencies in assisting local business and retaining local companies in Oro Valley. The EDA will work with the Greater Oro Valley Chamber of Commerce, Greater Tucson Economic Council (GTEC), the Industry Network Corporation (INC), Pima County's Business Assistance Center, the Pima Community College Small Business Development and Training Center and the Arizona Department of Commerce in assisting local businesses and retaining local companies in Oro Valley. (7) Work to attract retail development in the community by maintaining regular contact with the development community. The EDA will maintain regular contact with landowners, real estate professionals, and developers in order to attract new retail development to the Town. Contact with the retail community will be facilitated through attendance at meetings and conferences of the International Conference of Shopping Centers (ICBG) to secure new prospects and network with retail professionals. 5 (8) Streamline the development review process. The EDA will work with the Town Development Review Ad Hoc Committee and Town staff to streamline the development review process. A procedure will be developed to expedite the permit process in response to development requests p of significant importance to the Town image, tax base or employment base. 9 p (9) Create and foster a positive image Create aositive image for the Town and use that image in marketing plans to p 9 promote Oro Valleyin industries such as retail, manufacturing and tourism. Specific action steps are: • Complete an Identity/Image study for the community. • Use the study in developing marketing plans for retail, light industry and hospitality and tourism industry attraction. • Work with the Town Council and other appropriate groups to develop and enhance a sense of community identity through landscape and design themes/treatments at entryways to the Town or along major road corridors. • Work with the Town Council, Arts Board, Public Works Department and the Arizona Department of Transportation (ADOT) to provide directional signage to Oro Valley along the I-10 freeway and State Routes 77 and 89. • Work to establish the Town Hall Complex and surrounding vicinity as the "Town Center" of Oro Valley and work to establish this site as the focus and identify for the community. • Promote Oro Valley as progressive, on the move, properly staffed and favorably disposed osed to accommodate the need of new retail, high tech industry and resort and tourism developments. • Portray Oro Valley as a quality place to live, work, shop and recreate. Demonstratethe commitment of Town officials to accommodate commercial and industrial developments, which contribute to the community's identity. • Reinforce the competitive strengths of Oro Valley as a place for business, capitalizing on the unique recreational opportunities and desert and mountain p 9 beauty, highly hi hl educated citizens, high median income and rapid growth. (10) Work with regional organizations to improve the image of the Town in the development community. Work with regional organizations such as the Greater Tucson Economic Council g (GTEC), Metropolitan Tucson Convention and Visitors Bureau (MTCVB) and the Greater Oro Valley Chamber of Commerce in developing the Town image. Work with such organizations to improve the image of the Town within the development community. 6 (11) Develop a strategy to encourage northern Town and unincorporated area residents to shop and do business in Oro Valley. It is recognized that it is important to provide nearby shopping opportunities for those Town residents in the Rancho Vistoso section of the Town and citizens north of Oro Valley. This area has significant economic potential and should be included in the Town Marketing Plan. (12) Develop and adopt a Business Incentive Policy The Town may from time to time wish to use some form of incentives to attract or retain desirable businesses. Guidelines and review criteria will be established to assist the Town in deciding when to grant such incentives. (13) Develop a computerized Fiscal Impact Analysis The EDA will develop a computerized fiscal impact analysis for use in measuring the benefit of specific development, rezoning or annexation to the community. (14) Develop and maintain a Database Inventory The EDA will develop and maintain a computer database of available land, buildings and lease space. (15) Develop and Maintain an Oro Valley Business Directory Develop a Business directory as part of an effort to retain retail dollars in the community and encourage residents to use Oro Valley services. (16) Develop Economic Development Web pages Develop Economic Development Web pages on the Internet, including a retail, industrial /office and general information and demographics page. The existing Oro Valley tourism page will be updated. (17) Work to increase the number of tourists, both seasonal and year round, that come to Oro Valley. Work with the MTCVB, the GOV Chamber of Commerce and the Sheridan El Conquistador to increase the number of tourists that come to the area. (18) Work to attract uses which support the hospitality/tourism industry. These uses include retail businesses such as hotels and restaurants, which generate sales and bed tax revenues for the Town. 7 (19) The Town will target the following list of retail, tourism and industrial uses for areas identified appropriate in the General Plan. These targeted uses meet one or more of the following criteria: • High paying jobs • Strong projected job growth • Underrepresented in the Oro Valley market Retail * • Furniture & Home Furnishings • Big-box Discount Stores • Restaurants • Drugstores • Movie theaters • Clothing stores Tourism • Resorts • Hotels/motels • Driving range Office • Corporate headquarters/regional headquarters • Back-office facilities • Health services • College, institutions • Professional offices Services • Dry Cleaning • Insurance services • Banking and credit institutions • Insurance Agencies • Investment Services Industrial The Town will target the Greater Tucson Strategic Partnership for Economic Development (GTSPED) selected industries** as described in the Greater Tucson Strategic Economic Development Plan, July 1996 (see Table 1). * Well-designed specialty retail developments (such as Saint Phillip's Plaza in Tucson) are much-preferred over strip commercial projects. * * Arou of industries under the group heading "Fabricated Metals/Industrial Agroup Machinery & Equipment" has been not been included due to incompatibility with the Town General Plan. 8 (20) Work with appropriate agencies in developing industrial/office leads and prospects. The EDA will work with the GOV Chamber of Commerce, GTEC and the Arizona Department of Commerce in developing industrial/office leads and prospects. This will include coordination on marketing materials and attendance at relevant events, trade shows, conferences and prospecting trips. (21) The status of the Economic Development Plan will be reviewed annually by Town officials. The EDA will review the Economic Development Strategic Plan annually with the Finance Director and Town Manager. Appropriate modifications will be brought forward to the Town Council for adoption. An annual status report will be prepared and presented to the Council reviewing progress on completion of the action steps identified in the Strategic Plan. Town of Oro Valley-Assistance for Economic Development Local governments in the Tucson regional area, individually or in association, promote local and regional economic development. The state grants municipal governments, such as Oro Valley, the power to engage in economic development. These powers allow the Town to provide the leadership, energy and perspective to bring together the different segments of the community. Guidelines for the Town use of assistance for business location or expansion are outlined In the Town of Oro Valley Economic Development Incentive Policy. Challenges and Vision for the Future The economic and physical transformation of Oro Valley will occur as a result of a combination of physical, political and socio-economic factors which will influence the direction of growth and development in the years to come. External and internal forces influencing growth in Arizona and the region will filter down to Oro Valley, generating impacts in its economy that are difficult to predict. The Town economy evolved as a result of the work of early pioneers who conquered the desert after harnessing water and energy resources. Later, with the advent of World War II, a diversified industrialization process began to take place. This along with large population immigration, created by workers coming to take jobs in new area industries, has transformed Oro Valley into the fastest growing town or city in the State of Arizona. 9 Economic growth and development in the region evolved, until recently, without the guidance of comprehensive planning, fueled primarily by speculative forces and population immigration. Planning the future economic and physical growth of the Town, which is closely tied to the City of Tucson and the region, poses many challenges. To be beneficial, economic development must not only help create wealth, it must also generate community benefits and be consistent with the unique character of the Town. A statement at the beginning of the Economic Development Element of the General Plan put this in perspective: "Oro Valley's economic future is interwoven with its distinctive character based on a residential/resort image and its proximity to the Pusch Ridge Wilderness, Coronado National Forest and Catalina State Park. Diversification in the local revenue base, encouraged through additions to employment and shopping opportunities, is desirable. However, any new development must be consistent with the community's vision for the future and values." The Town Council and staff will continue to work diligently to carry out this vision. 10 APPENDIX Economic Development Partners — Programs and Assistance Success in economic development is best achieved through cooperation with a number of local, regional and State agencies and groups. The following is a discussion of the most important of these organizations and what they provide in the way of programs and assistance for economic development. Arizona Department of Commerce (ADOC) Economic development was an elusive function in Arizona until recently. At the initiative of a variety of individuals and organizations, the State Legislature enacted the Omnibus Economic Development Act in 1989, directing the Department of Commerce to assess Arizona's business climate and draft the first statewide strategic economic development plan. This effort culminated in the design and publication of Arizona's Strategic Plan for Economic development g (ASPED) in October 1992. To implement ASPED, the Governor's Strategic Partnership for Economic Development (GSPED) was established. GSPED identified ten key economic clusters upon which to build and expand Arizona's future economy. 1. Bio-industry 2. Optics 3. Environmental Technology 4.. Software 5. Food, Fiber & Natural Products 6. Tourism and Experience 7. High Tech Industry 8. Transportation 9. Mining & Minerals 10. Senior Living As defined byASPED, an economic cluster is a geographic concentration of competitive firms in related industries that do business with each other. Clusters include companies that sell inside and outside of the region as well as support firms that supply raw materials. These become magnets for companies to locate in an area and create a spawning ground for start-up companies. Also, these create large, diverse pools of experienced workers; attract suppliers who tend to congregate in their vicinity for increased efficiency; and foster a competitive spirit that stimulates growth and innovative strategic alliances. The activities of GSPED will be of benefit to the economic growth of Oro Valley. Inp articular, those related to the High Tech Industry, Optics, Tourism and Experience, and Senior Living. 12 The Arizona Department of Commerce is the key agency responsible for marketing and promoting the economy of Arizona while providing support to GSPED in implementing cluster initiatives. In 1993, the National Marketing Division of the ADOC aligned its recruitment efforts with GSPED. Their marketing representatives were each assigned specific GSPED industry groups. The Department of Commerce approach has been to emphasize the non-urban areas in their recruiting efforts. Leads and prospects considering the Tucson or Phoenix metro areas are turned over to the corresponding regional agency (GTEC or GPEC). While recruitment prospects are turned over to GTEC and not to Oro Valley, a number of important incentives are made available to the Town by the ADOC. • The Commerce and Economic Development Fund The Arizona Legislature established the Commerce and Economic Development Commission (CEDC) to help expand economic opportunities in the state. A CEDC fund capitalized yearly with a percentage of lottery proceeds was established by the Legislature to help retain, expand, and relocate businesses to Arizona. The CEDC funds are administered by ADOC. Direct loans, loan guarantees and interest rate subsidies are directed by the CEDC to businesses. Priority consideration is given to businesses seeking to relocate and expand in rural and economically disadvantaged areas and to minority and women owned business. The allocations are made on a first-come first-served basis. • Work Force Recruitment and Job Training Program The Arizona State Legislature established the work force recruitment and job- training fund in 1993 to provide customized training to firms that create new jobs in Arizona and to businesses that undergo economic conversion. Grants are administered by ADOC and offered to financially sound for-profit enterprises. Those firms identified within the GSPED clusters receive priority consideration. The grants cover the cost of recruitment, screening, assessment, interviewing, materials design, and training costs, among others. Training is provided through established community colleges, or private post-secondary educational institutions, or other qualified providers, as requested byte company. • The Arizona Business Connection This program is operated through the ADOC and provides assistance in business expansion, relocation and start-ups. The office is a resource for information regarding licensing, permits, applicable taxes, applicable regulations, and financial referrals to local, state and federal agencies, as appropriate. Small 13 businesses established in the Planning Area can access and benefit from these programs. • Private Activity Bonds Private Activity Bonds can be issued for industrial, manufacturing facilities, and equipment. The Town of Oro Valley or the Pima County Industrial Development Authorities can issue these bonds. • Revolving Energy Loans Under this program, qualified Arizona companies can receive financial assistance for long-term, fixed-asset plant expansions for the manufacture of energy-conserving products and energy-conserving building retrofits, including the acquisition of qualified energy-conserving improvements and equipment. • Environmental Technology Tax Incentive Program The State of Arizona offers tax credits and exemptions to companies that invest $20 million over five years in manufacturing technology that produces goods from recycled materials and renewable energy. • Defense Restructuring Assistance Program Under this program, defense contractors can receive individual and corporate tax credits for conversion of defense activities to commercial activities. • Economic Strength Fund This program approved by the Arizona State Legislature provides private non- profit and/or local government financing for highway or road projects which retain or significantly increase jobs in Arizona, or which lead to significant capital investment, or which make a significant contribution to the economy of the State. • Arizona Enterprise Development Corporation (AEDC) Loan Programs AEDC offers several types of Small Business Administration (SBA) Guaranteed Loans to small businesses including: SBA 504 and SBA 502 fixed asset subordinated loans, SBA 7A working capital and debt refinance, and bridge loans for land, building acquisition, inventory or equipment. • Rural Economic Development Initiative (REDI) Program This program, a part of ADOC Community Assistance Services, offers specialized services and funding assistance in the form of matching grants to 14 rural communities. The communities use the assistance to maintain viable economic development programs and to make themselves more attractive for capital investment, industrial expansions and business locations. • Community Facilities Districts Arizona's Community Facilities District Act, allows a landowner or a group of landowners to request by petition that a municipality establish a community facilities district within the city limits to finance and construct public infrastructure and facilities. The district provides developers and cities with a new and flexible mechanism to deal with the rising costs of new community facilities. Several financial options are available to construct and maintain infrastructure, including: General Obligation Bonds, Revenue Bonds, Special Assessments and Assessment Bonds, Uses Fees and Charges, Municipal and Private Contributions. The type of projects that could be funded include: water and sewerage storage, flood control and drainage, lighting and traffic control, streets and parking, police and fire facilities, public buildings, school sites and facilities, parks and recreation among others. • Other Programs: Other Arizona programs that may offer potential for economic development are those offered through the Department of Environmental Quality (DEQ) Revolving Loan Funds, the Arizona Department of Tourism and the Arizona Film Commission. Federal Over the years, the Federal Government has introduced a vast array of programs that local jurisdictions can use to improve their economies and neighborhoods. These programs range from specific development projects for rural and urban development to job training. While the breath and funding of federal programs is always subject to changes in national policy and emphasis in Washington D.C., local communities can make themselves aware of opportunities and where possible, participate in those programs. The following is a list of federal programs and agencies that offer the most potential to promote development in concert with the attributes of the Planning Area. • Small Business Administration Loans These loans are offered through the state of Arizona. • The Rural Economic and Community Development Service, and the Consolidated Farm Services Agency, formerly the Farmers Home Administration (FmHA) provides a vast array of programs including 15 guaranteed loans and grants to rural areas for water / wastewater facilities, community facilities (e.g. fire and rescue or health facilities, schools), business and industrial loans. • Economic Development Administration (EDA) Public Works Grants The EDA programs are directed to the funding of public works and development facilities that contribute to the creation or retention of private sector jobs and to the alleviation of unemployment and underemployment. For example, EDA funds could facilitate the construction of an industrial park in Oro Valley. • Community Development Block Grants (CDBG) Oro Valley is not an entitlement jurisdiction and relies on Pima County for CDBG funding (see below). Pima County • CDBG Funds Entitlement funds received through the US Department of Housing and Urban Development are utilized to support community and economic development activities in the Town of Oro Valley. These funds are received through the Pima County Entitlement Program and may be used by the Town for economic development projects, public works, community facilities, public services and planning. • Pima County Industrial Development Authority The IDA was established by Pima County to facilitate financing through the issuance of tax exempt private activity (industrial revenue) bonds for manufacturing, infrastructure and medical developments. These bonds are generally limited to land, building and equipment for manufacturing purposes and they are capped at $10 million. The proceeds from the sales of bonds are made available to finance projects through loans, leases or installment sales agreements with private credit-worthy companies. Payments are used to pay the principal and interest on the bonds as they become due. Interest rates are normally three to four percent lower than those charged through conventional borrowing. Greater Tucson'Economic Council (GTEC) The Town contracts with GTEC to provide national and international marketing activities for the region. GTEC receives and markets sites in the area to 16 prospects passed onto them from the Department of Commerce and also prospects developed through the group's own marketing efforts. The membership dollars provided to GTEC from Oro Valley and other towns and organizations in the Tucson area help improve the business climate, and attract new employers to the area. Metropolitan Tucson Convention and Visitors Bureau (MTCVB) This organization receives funding from public agencies such as the Town of Oro Valley and from a number of Tucson area corporate sponsors (especially those in the hospitality industry). The activities result in bookings of hotel rooms and conventions with the impact of several million dollars each year to the local economy. Greater Oro Valley Chamber of Commerce The Chamber provides a local network for the exchange of ideas between the business community and the Town. Also the Town has worked jointly with the Chamber on a variety of economic development issues and projects. Tucson Electric Power Company (TEP) TEP works with the Town and other economic groups to provide assistance to companies in the area of business attraction, expansion and retention. The Economic Development Section of TEP provides various forms of assistance including power information, sharing of lead information and in certain cases rate reductions for firms considering expansion or location in the Pima County area. Private Sector One of the most critical pieces in the puzzle, fundamental to the building of foundations for economic development is the private sector. The private sector consists of local lenders, developers, investors, builders and contractors, professionals, chambers of commerce, professional and business associations and the utilities. Non-profit Sector Another key sector in economic development is the non-profit sector. The non- profit sector includes colleges and local universities, community based organizations, economic development corporations, neighborhood groups and private foundations. This sector is an important source of both training and funding for economic development programs and projects. 17 ECONOMIC DEVELOPMENT CONTACTS Chuck Sweet, Town Manager 297-2591 Norm Phillips, Economic Development Administrator 297-2591 David Andrews, Finance Director . 297-2591 Don Chatfield, Planning & Zoning Director 797-9797 David Hook, Town Engineer 797-2442 Bob Maassen, Building Official 797-9096 18 TABLE 1 GTSPED TARGETED INDUSTRIES Optics Ophthalmic Goods (SIC 3851) Optical Instruments & Lenses (SIC 3827) Analytical Instruments (SIC 3826) Photographic Equipment & Supplies (SIC 3861) Environmental Technologies Fluid Meters & Counting Devices (SIC 3824) Analytical Instruments (SIC 3826) Measuring & Controlling Devices (SIC 3829) Environmental Controls (SIC 3822) Aerospace Space Vehicle Equipment (SIC 3769) Guided Missiles & Space Vehicles (SIC 3761) Space Propulsion Units & Parts (SIC 3764) Space Commerce Biolndustries Biological Products, Except Diagnostic (SIC 2836) Diagnostic Substances (SIC 2835) Medicinals & Botanicals (SIC 2833) Teleservices Telecommunications Services (SIC 4812. 4813, 4822) Sofhvare/Information Services Computer Professional Services (SIC 7376) Data Processing (SIC 7375) Electronic Information Services (SIC 7374) Computer& Data Processing (SIC 737) Prepackaged Software (SIC 7372) Computer Integrated Systems (SIC 7373) 19 Electronic & Other Electronic Equipment Electronic Components & Accessories (SIC 367) Semiconductors & Related Devices (SIC 3674) Printed Circuit Boards (SIC 3672) Instruments & Related Products J Fluid Meters & Counting Devices (SIC 3824) Analytical Instruments (SIC 3826) Measuring & Controlling Devices (SIC 3829) X-ray Apparatus & Tubes (SIC 3844) Surgical & Medical Equipment (SIC 3842) Electromedical Equipment (SIC 3845) Process Control Equipment (SIC 3823) Photographic Equipment & Supplies (SIC 3861) Environmental Controls (SIC 3822) Instruments to Measure Electricity (SIC 3825) 20