Loading...
HomeMy WebLinkAboutPackets - Council Packets (1478) **AMENDED (3/31/00, 4:30 p.m.) AGENDA ORO VALLEY TOWN COUNCIL REGULAR SESSION APRIL 5, 2000 ORO VALLEY COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 6:00 PM CALL TO ORDER ROLL CALL EXECUTIVE SESSION AT OR AFTER 6:00 PM 1. Pursuant to ARS 38-431.03 (A)(3) to obtain legal advice relating to Tortolita v. Town of Oro Valley Cause No. 328365 and related cases and matters 2. Pursuant to ARS 38-431.03 (A)(3) to obtain legal advice relating to U. S. Homes v. Town of Oro Valley Cause No. CV335827 3. ** Pursuant to ARS 38-431.03 (A)(3) & (4) relating to current litigation regarding Agrillo v. Town of Oro Valley Cause No. 320471 4.** Pursuant to ARS 38-431.03 (A)(3) & (4) relating to current litigation regarding Anderson v. Town of Oro Valley U.S. District Court CV 96-630 TUC 5.** Pursuant to ARS 38-431.03 (A)(3) & (4) relating to current litigation regarding Williford v. Town of Oro Valley Cause No. CV 331652 RESUME REGULAR SESSION AT OR AFTER 7:00 PM CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE UPCOMING MEETING ANNOUNCEMENTS — TOWN MANAGER The Mayor and Council may consider and/or take action on the items listed below: ORDER OF BUSINESS: MAYOR WILL REVIEW THE ORDER OF THE MEETING CALL TO AUDIENCE — 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. 04/05/00 Agenda, Council Regular Session 2 1. CONSENT AGENDA (Consideration and/or possible action) A. Minutes — March 1, 6, 8, 15, 20, 2000 B. Resolution No. (R)00-30 Approving OV #1 Improvement Priorities B and C Engineering Design and Construction Period Services C. Resolution No. (R)00-31 Approving a contract with Brown and Caldwell for Engineering Design and Construction Period Services for Rancho Vistoso Well No. 2 and Well No. 3 Replacement D. Resolution No. (R)00-32 Authorizing and Approving a Line Extension Agreement between the Town and The Lakke Investment Group LLC, providing for water service to the Pusch Ridge Day Care/Office Complex E. Resolution (R)00-33 Award of contract for Project No. 99/00 16, La Canada Drive Landscaping Improvements (Lambert Lane to Naranja Drive) to Southwest Enviroscapes in the amount of $83,990 F. Resolution (R)00-34 Award of Engineering Professional Services Contract to David Evans and Associates (DEA, Inc.) for Project No. 99/00 22 Calle Concordia/La Canada Drive Intersection Improvements $15,595 G. Approval of Budget and Bond Committee recommendation to allow the Committee to review the Town Manager's Recommended Budget H. Request from the Water Utility Commission regarding the postponement of rendering Annual Report until May 17, 2000 I. Approval of Town Council Policy #8 — Job Description for Town Council Liaison to Boards and Commissions 2. PUBLIC HEARING- REQUEST FOR APPROVAL OF A SERIES 09 PERSON TRANSFER LIQUOR LICENSE —ABCO STORE #457, 13005 NORTH ORACLE ROAD 3. ORDINANCE NO. (0)00-11 AMENDING THE WATER DEVELOPMENT IMPACT FEES RELATING TO THE TOWN OF ORO VALLEY WATER UTILITY POTABLE WATER SYSTEM; AND AMENDING SECTIONS 15- 17-5 AND 15-17-10 OF THE ORO VALLEY WATER CODE (PUBLIC HEARING HELD MARCH 15, 2000) 4. STATUS REPORT ON DENNIS WEAVER POOL 5. STATUS REPORT ON LINDA VISTA TRAIL ACCESS 6. REQUEST TO INITIATE A GENERAL PLAN AMENDMENT FOR STATE LAND NORTH OF TOWN LIMITS 7. ** CONSIDERATION AND/OR POSSIBLE ACTION REGARDING ANDERSON V. TOWN OF ORO VALLEY U.S. DISTRICT COURT CV 96- 630 TUC 04/05/00 Agenda, Council Regular Session 3 8.** CONSIDERATION AND/OR POSSIBLE ACTION REGARDING WILLIFORD V. TOWN OF ORO VALLEY TOWN MANAGER'S REPORT ENGINEER'S REPORT FINANCE DIRECTOR'S REPORT COMMUNITY DEVELOPMENT DIRECTOR'S REPORT POLICE CHIEF'S REPORT WATER UTILITY DIRECTOR'S REPORT COUNCIL COMMITTEE REPORTS 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: 03/24/00 4:30 PM LH AMENDED AGENDA POSTED: 03/31/00 4:30 PM LH 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 8:30 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 297-2591. 04/05/00 Agenda, Council Regular Session 4 INSTRUCTIONS TO SPEAKERS Members of the public have the right to speak during any posted public hearing. However, those items not listed as a public hearing are for consideration and action by the Town Council during the course of their business meeting. Members of the public may be allowed to speak on these topics at the discretion of the Chair. If you wish to address the Town Council on any item(s) on this agenda, please complete a speaker card located on the Agenda table at the back of the room and give it to the Town Clerk. Please indicate on the speaker card which item number and topic you wish to speak on, or if you wish to speak during "Call to Audience", please specify what you wish to discuss when completing the blue speaker card. Please step forward to the podium when the Mayor announces the item(s) on the agenda which you are interested in addressing. 1 . Please state your name and address for the record. 2. Speak only on the issue currently being discussed by Council. Please organize your speech, you will only be allowed to address the Council once regarding the topic being discussed. 3. Please limit your comments to 3 minutes. 4. During "Call to Audience" you may address the Council on any issue you wish. 5. Any member of the public speaking must speak in a courteous and respectful manner to those present. Thank you for your cooperation. AGENDA ORO VALLEY TOWN COUNCIL REGULAR SESSION APRIL 5, 2000 ORO VALLEY COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 6:00 PM CALL TO ORDER ROLL CALL EXECUTIVE SESSION AT OR AFTER 6:00 PM 1 . Pursuant to ARS 38-431.03 (A)(3) to obtain legal advice relating to Tortolita v. Town of Oro Valley Cause No. 328365 and related cases and matters 2. Pursuant to ARS 38-431.03 (A)(3) to obtain legal advice relating to U. S. Homes v. Town of Oro Valley Cause No. CV335827 RESUME REGULAR SESSION AT OR AFTER 7:00 PM CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE UPCOMING MEETING ANNOUNCEMENTS — TOWN MANAGER The Mayor and Council may consider and/or take action on the items listed below: ORDER OF BUSINESS: MAYOR WILL REVIEW THE ORDER OF THE MEETING CALL TO AUDIENCE — 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 — March 1, 6, 8, 15, 20, 2000 B. Resolution No. (R)00-30 Approving OV #1 Improvement Priorities B and C Engineering Design and Construction Period Services C. Resolution No. (R)00-31 Approving a contract with Brown-and Caldwell for Engineering Design and Construction Period Services for Rancho Vistoso Well No. 2 and Well No. 3 Replacement D. Resolution No. (R)00-32 Authorizing and Approving a Line Extension Agreement between the Town and The Lakke Investment Group LLC, providing for water service to the Pusch Ridge Day Care/Office Complex 04/05/00 Agenda, Council Regular Session 2 E. Resolution (R)00-33 Award of contract for Project No. 99/00 16, La Canada Drive Landscaping Improvements (Lambert Lane to Naranja Drive) to Southwest Enviroscapes in the amount of $83,990 F. Resolution (R)00-34 Award of Engineering Professional Services Contract to David Evans and Associates (DEA, Inc.) for Project No. 99/00 22 Calle Concordia/La Canada Drive Intersection Improvements $15,595 G. Approval of Budget and Bond Committee recommendation to allow the Committee to review the Town Manager's Recommended Budget H. Request from the Water Utility Commission regarding the postponement of rendering Annual Report until May 17, 2000 I. Approval of Town Council Policy #8 — Job Description for Town Council Liaison to Boards and Commissions 2. PUBLIC HEARING- REQUEST FOR APPROVAL OF A SERIES 09 PERSON TRANSFER LIQUOR LICENSE —ABCO STORE #457, 13005 NORTH ORACLE ROAD 3. ORDINANCE NO. (0)00-11 AMENDING THE WATER DEVELOPMENT IMPACT FEES RELATING TO THE TOWN OF ORO VALLEY WATER UTILITY POTABLE WATER SYSTEM; AND AMENDING SECTIONS 15- 17-5 AND 15-17-10 OF THE ORO VALLEY WATER CODE (PUBLIC HEARING HELD MARCH 15, 2000) 4. STATUS REPORT ON DENNIS WEAVER POOL 5. STATUS REPORT ON LINDA VISTA TRAIL ACCESS 6. REQUEST TO INITIATE A GENERAL PLAN AMENDMENT FOR STATE LAND NORTH OF TOWN LIMITS TOWN MANAGER'S REPORT ENGINEER'S REPORT FINANCE DIRECTOR'S REPORT COMMUNITY DEVELOPMENT DIRECTOR'S REPORT POLICE CHIEF'S REPORT WATER UTILITY DIRECTOR'S REPORT COUNCIL COMMITTEE REPORTS 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 04/05/00 Agenda,Council Regular Session 3 POSTED: 03/24/00 4:30 PM LH 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 8:30 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 297-2591. 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 he? ring are for consideration and action by the Town Council during the course of their business meeting. Members of the public may be allowed to speak on these topics at the discretion of the Chair. If you wish to address the Town Council on any item(s) on this agenda, please complete a speaker card located on the Agenda table at the back of the room and give it to the Town Clerk. Please indicate on the speaker card which item number and topic you wish to speak on, or if you wish to speak during "Call to Audience", please specify what you wish to discuss when completing the blue speaker card. Please step forward to the podium when the Mayor announces the item(s) on the agenda which you are interested in addressing. 1. Please state your name and address for the record. 2. Speak only on the issue currently being discussed by Council. Please organize your speech, you will only be allowed to address the Council once regarding the topic being discussed. 3. Please limit your comments to 3 minutes. 4. During "Call to Audience" you may address the Council on any issue you wish. 5. Any member of the public speaking must speak in a courteous and respectful manner to those present. Thank you for your cooperation. MINUTES ORO VALLEY TOWN COUNCIL REGULAR SESSION �" , MARCH 1,2000 444). ORO VALLEY COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 6:00 PM CALL TO ORDER: 6:10 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Dick Johnson, Vice Mayor Paul Parisi, Council Member Fran LaSala, Council Member (arrived 6:20 p.m.) Wayne Bryant, Council Member EXECUTIVE SESSION AT OR AFTER 6:00 PM A MOTION was made by Council Member Bryant and SECONDED by Vice Mayor Johnson to go into Executive Session at 6:10 p.m. Motion carried 4 - 0: 1. Pursuant to ARS 38.431.03 (A)(3)to obtain Legal Advice relating to Tortolita v. Town of Oro Valley Cause No. 328365 and related cases and matters 2. Pursuant to ARS 38-431.03(A)(3) & (4) regarding current litigation in regards to Agrillo v. Town of Oro Valley Cause No. 320471 3. Pursuant to ARS 38-431.03 (A)(3) & (A)(7) regarding Midvale Farms Water Company. A MOTION was made to go out of Executive Session at 7:00 p.m. by Vice Mayor Johnson. MOTION SECONDED by Council Member Bryant. MOTION carried 5 —0. REGULAR SESSION CALL TO ORDER 7:18 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Dick Johnson, Vice Mayor Paul Parisi, Council Member Fran LaSala, Council Member Wayne Bryant, Council Member PLEDGE OF ALLEGIANCE Mayor Loomis led the audience in the Pledge of Allegiance. UPCOMING MEETING ANNOUNCEMENTS 03/01/00 Minutes,Council Regular Session 2 Town Manager Chuck Sweet reviewed the upcoming meetings. He also announced that Oro Valley's Primary Election Day was March 14th and that the Oro Valley Arts and Music Festival would be held on March 18th and 19th at Dennis Weaver Park. CALL TO AUDIENCE No speakers. Mayor Loomis announced a change in the order of the meeting with Agenda Items 9, 10, 5, and then 2 to follow after Item 1. 1. CONSENT AGENDA At the request of Council Member Bryant, Mayor Loomis removed Items B, F, G, and H from the Consent Agenda. MOTION: Council Member LaSala MOVED to APPROVE the Consent Agenda with the exclusion of Items, B, F, G, and H. Vice Mayor Johnson SECONDED the motion. Motion carried, 5 —0. A. Minutes—2/7/00 B. Resolution No. (R)00-21 Approval of a contract with Willdan Associates to provide professional services to the Town for building plan review services, engineering services and temporary staff to the Building Safety Division(PULLED FOR DISCUSSION) C. Resolution No. (R)00-22 Authorization to enter into an Agreement with Pima County Recorder's Office for providing Voter Registration/Early Voting Services for 3-14-00 Primary & 5-16-00 General Elections D. Resolution No. (R)00-23 A Resolution of the Town of Oro Valley, Pima County, Arizona approving an Intergovernmental Joint Funding Agreement with the United States Geological Survey for the continuation of the Aquifer Storage Change Study of the CDO Wash E. Resolution No. (R)00-24 Approval of a Line Extension Agreement between Town of Oro Valley and Matrix Equities LLP providing for water service by the Town to the Foothills Business Park, Lots 16 & 17 F. Project No. 605-311-904-2 Award of Bid for the purchase of a Portable Vacuum System to Balar Equipment Corporation in the amount of $15,299.24 (PULLED FOR DISCUSSION) G. Project No. 605-311-904-1 Award of Bid for the purchase of a Portable Air Compressor to Tucson Tractor Company in the amount of$11,654.50 (PULLED FOR DISCUSSION) H. OV 12-97-21A Rancho Vistoso Neighborhood 10 Parcel N Phase II Final Plat (Vistoso Village) Located west of Phase 1, east and adjacent to Hidden Springs Drive, and south of the Vistoso Resort Casitas (PULLED FOR DISCUSSION) 03/01/00 Minutes,Council Regular Session 3 B. RESOLUTION NO. (R)00-21 APPROVAL OF A CONTRACT WITH WILLDAN ASSOCIATES TO PROVIDE PROFESSIONAL SERVICES TO THE TOWN FOR BUILDING PLAN REVIEW SERVICES, ENGINEERING SERVICES AND TEMPORARY STAFF TO THE BUILDING SAFETY DIVISION MOTION: Council Member Bryant MOVED to APPROVE Resolution No. (R)00-21 approving the contract with Willdan Associates to provide professional services to the Town for a period of at least one year. Council Member LaSala SECONDED the motion. AMENDMENT TO THE MOTION: Mayor Loomis asked to amend the motion to read for "a time period as needed or not to exceed one year." Council Member Bryant and Council Member LaSala agreed to the amendment. Motion carried, 5 — 0. F. PROJECT NO. 605-311-904-2 AWARD OF BID FOR THE PURCHASE OF A PORTABLE VACUUM SYSTEM TO BALAR EQUIPMENT CORPORATION IN THE AMOUNT OF $15,299.24 MOTION: Council Member LaSala MOVED to APPROVE the purchase of the portable vacuum system from Balar Equipment Corporation for the amount of $15,299.24. Vice Mayor Johnson SECONDED the motion. Motion carried, 5 - 0. G. PROJECT NO. 605-311-904-1 AWARD OF BID FOR THE PURCHASE OF A PORTABLE AIR COMPRESSOR TO TUCSON TRACTOR COMPANY IN THE AMOUNT OF $11,654.50 MOTION: Vice Mayor Johnson MOVED to APPROVE the purchase of the portable air compressor from Tucson Tractor Company for the amount of$11,654.50. Council Member Bryant SECONDED the motion. Motion carried, 5 —0. H. OV12-97-21A RANCHO VISTOSO NEIGHBORHOOD 10 PARCEL N PHASE II FINAL PLAT (VISTOSO VILLAGE) LOCATED WEST OF PHASE 1, EAST AND ADJACENT TO HIDDEN SPRINGS DRIVE, AND SOUTH OF THE VISTOSO RESORT CASITAS Council Member Bryant expressed his concerns about General Note 22 regarding the Homeowners Association (HOA) accepting responsibility for maintenance, control, safety and liability of private drainageways, drainage easements and common areas due to the possibility that the HOA may not always exist. He asked if there could be a "finance" mechanism that would guarantee that the Town would not have to take back those financial responsibilities in the event the HOA would dissolve. 03/01/00 Minutes,Council Regular Session 4 Mayor Loomis explained that the General Notes of the Final Plat establish certain requirements. He explained that the requirements lock the developer and final property owners into assuring that there is a Homeowners Association that would be responsible or they would be liable for forfeiture through the Town and the County if they failed to meet said requirements. MOTION: Vice Mayor Johnson MOVED to APPROVE OV 12-97-21A, Rancho Vistoso Neighborhood 10 Parcel N Phase II (Vistoso Village) Final Plat effective on the date of satisfaction of attached conditions listed in Exhibit"A." A) 1. Specify the reduced front setbacks for Lots 178 and 179 in General Note six. 2. Address all comments from the review of the improvement plans and drainage report. 3. Add the scale to the vicinity map on sheet 1 of 3 on the Final Plat. A scale of 3 inches equals 1 mile is required. The scale of the map was checked and found to be 2.8 inches equals one mile, please adjust accordingly. 4. The length of line L8 must be corrected to show 95.39 feet instead of 65.39 feet. Council Member Parisi SECONDED the motion. Motion carried, 3 —2 with Council Member Bryant opposed and Council Member LaSala abstaining. 9. CONSIDERATION AND POSSIBLE ACTION RELATING TO ADVICE OF COUNSEL IN AGRILLO V. TOWN OF ORO VALLEY CAUSE NO. 320471 Council Member Parisi declared a Conflict of Interest and excused himself from the meeting. Town Attorney Dan Dudley explained that the Town's insurance company has been defending the Town, Council Member Parisi, and former Mayor Cheryl Skalsky over a lawsuit filed by Susan Agrillo. He explained that four causes of action have been dismissed, with one count remaining relating to violation of the Open Meeting Law. Mr. Dudley reported that the insurance company does not have any insurance in place for reputed violations of the Open Meeting Law. Therefore, if the Town, Ms. Skalsky and Mr. Parisi are to be defended in this action it would be necessary for the defense costs to come from other sources. If the Town would lose the lawsuit, the Town could be required to pay certain attorney fees of the opposing party. Mr. Dudley recommended that Council authorize the continued defense and employment of Todd Hale of this matter at an approximate cost of$30,000. In response to a question from Council Member LaSala, Mr. Dudley explained that as a public entity, the Town could be required to pay for legal defense costs regardless of whether we "walked away" from it or not. The fines would be paid by the individuals if they are determined to be liable but the Attorney fees could become the responsibility of the Town. 03/01/00 Minutes,Council Regular Session 5 Vice Mayor Johnson stated that public officials could be sued at any time on alleged Open Meeting Law violations, etc. He stated that he felt that in this situation, the Town should be able to defend those who are willing to serve the Town. Council Member Bryant stated that he had a problem with people who knowingly violate the Open Meeting Law or any law. He stated that he felt that the Council is trained on Open Meeting Law and council members must be held accountable. The public should not have to pay. MOTION: Vice Mayor Johnson MOVED to APPROVE the Town Attorney's recommendation regarding this matter(Mr. Dudley recommended that Council authorize the continued defense and employment of Todd Hale of this matter at an approximate cost of$30,000.) Council Member LaSala SECONDED the motion. Discussion followed regarding assuming innocence until proven guilty, doing what is right, protecting the Town and Council from people who want to sue for no reason, setting a precedent, decisions being made on individual merits and demerits, impact to the Town, and obligation of the Town to provide protection. CALL FOR THE QUESTION: Motion carried, 3 — 1, with Council Member Bryant opposed. Council Member Parisi returned to the meeting. 10. CONSIDERATION AND POSSIBLE ACTION RELATING TO THE MIDVALE FARMS WATER COMPANY MOTION: Council Member LaSala MOVED to AUTHORIZE the Mayor to enter into contracts to acquire 74 acre feet of Type II Ground Water Rights, 1,500 acre feet of Central Arizona Project(CAP) Annual Allocation and 200+ acres in La Reserve upon contracts being approved by the Town Attorney, subject to a 90 day feasibility period during which the Town can withdraw at the sole discretion of the Town Council if the property does not meet its expectations. Council Member Bryant SECONDED the motion. Motion carried, 5 - 0. Mayor Loomis recessed the meeting at 7:55 p.m. The meeting resumed at 8:04 p.m. 5. PRESENTATION AND POSSIBLE APPROVAL OF THE PROGRAMMING STATEMENT AND SITE INVENTORY FOR THE NEW ORO VALLEY LIBRARY Community Development Director Brent Sinclair introduced Architects David Wald- Hopkins and Dave Burns. 03/01/00 Minutes,Council Regular Session 6 Mr. Wald-Hopkins and Mr. Burns presented a draft copy of the Library Master Plan and Programming Statement to Council. They then presented an overview of the site plans for new library including Phase I (15,000 square feet) and Phase II (10,000 square feet.) Council Member LaSala questioned the plan for a 300 square foot area Coffee Room in Phase I. He felt that such an amenity might be better placed in Phase II and keep available space in Phase I open for books, technology, etc. Mr. Burns explained that the Technical Advisory Committee set goals for the new Library and were working towards a contemporary facility that offered something for the entire community. Vice Mayor Johnson also explained that the Coffee Room concessions could be run by the Friends of the Library as a fundraiser to enhance the library. He also explained that the Technical Advisory Committee worked diligently on all aspects and the design of the new library. Mr. Wald-Hopkins then reviewed the budgets representing the 15,000 square foot library (Phase I), the entire 25,000 square foot library (Phase I and II) and an alternative budget for the extra 10,000 square foot"shell." He explained that the "shell" if built, would only include the concrete foundation, outside walls, roof, windows and doors. The shell would be intact and weather proof. All other items (interior finishes, carpeting, interior walls, etc.) would be added at such time that the Town deemed appropriate. Richard Golombek, 1078 E. Balmoral Place, member of the Library Technical Advisory Committee, urged Council to approve the 15,000 square foot library plus the 10,000 square foot shell citing the overall savings. He also stated that once the 15,000 square foot building is in use, citizens would find it insufficient and would demand additional books and services. He asked that Council approve the entire structure and fill in as the money becomes available. Henry Suozzi, 11733 Mandarin Lane, member of the Library Technical Advisory Committee, stated that he is very pleased with the architects' input. He strongly urged Council to approve the 15,000 square foot library plus the 10,000 square foot shell. Items could then be added on a gradual basis. Werner Wolff, 12616 N. Running Coyote, stated that the 15,000 square foot library does not seem right for the Town. He asked Council to be proactive and not reactive. He suggested building the entire 25,000 square foot library if financing were available and if not, at least include the 10,000 square foot shell in Phase I of the project. Stan Weintraub, 1320 E. Starship Place, stated that as a resident of Oro Valley, he attended several meetings of the Library Technical Advisory Committee. He stated that after listening to the committee's and architects' discussions, he also felt it was more economically feasible to build the 15,000 square foot building and the 10,000 square foot shell in Phase I. 03/01/00 Minutes,Council Regular Session 7 Discussion followed regarding the feasibility of building the shell at the same time the 15,000 square foot Phase I portion of the library is built, protection of the shell, parking requirements, the necessity of a third vehicular entrance to the Town campus and the fact that the shell would only be suitable for storage until it was completely built out. Mayor Loomis stated that there was still an opportunity to review plans but recommended that there be a significant emphasis on the 15,000 square foot building. He stated that everyone agrees on the economics of building the shell in conjunction with the original 15,000 square foot building. Mayor Loomis also reported that budget sessions are coming up at which decisions can be made on which direction to go. Vice Mayor Johnson stated that he would like to have Finance Director David Andrews look at financial options. David Wald-Hopkins stated that if Council authorizes the programming statement, they would proceed with the schematic design (elevations, walls, doors, proposal of what building would look like.) He explained that they would design the complete 25,000 square foot facility in order to back off and then decide what Phase I would be. MOTION: Council Member Parisi MOVED to APPROVE the programming statement and site analysis as recommended by the Library Technical Advisory Committee. Council Member LaSala SECONDED the motion. Motion carried, 5 —0. Mayor Loomis recessed the meeting at 9:03. The meeting resumed at 9:12 p.m. Mayor Loomis moved Item 7 and 8 forward on the Agenda. 7. DISCUSSION REGARDING NEED FOR A NEW POOL AT DENNIS WEAVER PARK Community Development Director Brent Sinclair reported that the estimated cost of a new 50-meter Olympic size pool equipped similar to the Dennis Weaver Pool would be approximately $2 million. In response to a question from Council Member Parisi, Mr. Sinclair stated that the approximate cost of renovating the Dennis Weaver Pool would be $300,000 - $400,000. Mayor Loomis stated that there are alternate locations that may be better suited for a new aquatic facility. He stated that by comparing the cost analysis, it would probably be in the best interest of the Town to fix the existing pool and then begin planning for a new pool at one of the new park sites. Chad Riester, 3031 W. Laquila Aerie, past Pool Manager for Dennis Weaver Pool and representing Swim Tucson, stated that it is devastating to the swim teams and the public to have the pool closed; however, the pool definitely needed to be renovated to a standard that would allow for competitive purposes for both long and short courses. He stated that this would allow the Town to renovate all the facilities at the pool and make it a state of 03/01/00 Minutes,Council Regular Session 8 the art facility. He also encouraged Council to consider a new aquatic facility in addition to the renovation of the Dennis Weaver Pool. Don Enright, 8110 E. Rivenoak Circle, swim coach at Canyon del Oro High School, stated that he supported the recommendation to build a premier aquatic facility at Dennis Weaver Park that would benefit the entire community. He stated that the long-term benefits would be great for the Oro Valley area. Cindy Gastreich, 1969 W. Placita Colima, president of the Pusch Ridge Swim Team, stated that the swim team supports the closure of Dennis Weaver Pool for renovation or replacement. She asked that things be completed in a timely manner. She stated that their greatest concern is that the community would be without a swim facility for more than one year. She asked that the target open date be April 1, 2001. 8. RESOLUTION NO. (R)00-20 APPROVAL OF AGREEMENT FOR ARCHITECTURAL SERVICES WITH EARL KAI CHANN ASSOCIATES, LTD. FOR THE RENOVATION OF DENNIS WEAVER POOL (CONTINUED FROM 2-16-00) Community Development Director Brent Sinclair reviewed the Council Communication and discussed the following issues: • The scope of architectural services to be provided by Earl Kai Chann Associates, LTD • The extent and severity of the pool's problems • The process recommended by staff for renovating the pool • The options available for providing a temporary fix for the summer of 2000 • Other options that might be available to the Town. Mr. Sinclair stated that staff is recommending that at a minimum, a full assessment of the pool be completed and that a Master Plan including cost estimates be developed. This assessment would include the filtration system, chlorination system, heating system, drainage system, and other problematic areas such as the decks, bathhouse, showers, guardhouse, pool equipment, and electrical boxes. He explained that the pool structure is sound and could be revitalized. Discussion followed regarding the time period needed for the renovations, exploring alternative disinfection methods, keeping the pool open for the current summer with partial renovations and then closing in the fall for full renovation, and the safety and reliability of the pool. In response to a question from Mayor Loomis, Mr. Chann, architect consultant, stated that they could have an initial status report regarding the deficiencies of the pool to Council within one month. MOTION: Vice Mayor Johnson MOVED to APPROVE the agreement with Earl Kai Chann Associates, LTD for architectural services for a total cost of$5,200 for the Dennis 03/01/00 Minutes,Council Regular Session 9 Weaver Park Swimming Pool renovation project; and to approve Resolution No. 00-20 authorizing and directing staff to enter into an agreement with Earl Kai Charm Associates LTD and that they prepare an initial status report and bring it back to Council within one month. Council Member Bryant SECONDED the motion. Motion carried, 4— 1 with Council Member LaSala opposed. Mayor Loomis moved Agenda Item 3 forward. 3. PUBLIC HEARING - RESOLUTION NO. (R)00-25 ADOPTION OF THE TOWN OF ORO VALLEY CAPITAL IMPROVEMENTS PLAN, DATED FEBRUARY 2000 Nina Trasoff, consultant for the Capital Improvements Plan (CIP), reviewed the recommendations from the CIP Technical Advisory Committee. She explained that a Capital Improvement project is one that is $10,000 in cost, has a two-year life span and will become an asset to the Town. She explained that the CIP is divided into four funds: the General Fund, the Local Transportation Assistance Fund (LTAF), the Highway fund, and the Townwide Development Impact Fees (DIF) Fund. Ms. Trasoff reported that all of the LTAF and Townwide DIF projects are being recommended for funding. She also explained that the Committee is recommending that all of the General Fund projects be funded through the use of a one-time funding of $424,400 from cash reserves and $285,000 not expended as matching funds for a Heritage Fund Project. If this one-time funding is not approved, projects that would not be recommended for funding are: the West Lambert Lane Park, Administration Building expansion, Global Positioning System, Interactive Voice Response System, and a Voice Recognition System. Ms. Trasoff also reported that one of the Highway Fund projects (the Monte del Oro slurry/crack seal project) is not being recommended for funding until next year. Mayor Loomis opened the public hearing. Bill Adler, 10720 N. Eagle Eye Place, stated that parks and open space lead the way in citizens' concerns. He stated that he felt that Council should respond to the citizens' priorities, and that the West Lambert Lane Park trails element should be funded. Mayor Loomis closed the public hearing. MOTION: Council Member LaSala MOVED to ADOPT Resolution No. (R)00-25 approval of the Capital Improvement Plan. Vice Mayor Johnson SECONDED the motion. DISCUSSION: Mayor Loomis expressed his concern regarding the one-time funding. He asked that those items be revisited as part of the budget process. 03/01/00 Minutes,Council Regular Session 10 AMENDMENT TO THE MOTION: Council Member LaSala and Vice Mayor Johnson agreed to change the motion to have the one-time funding items be revisited as part of the budget process. MOTION carried 5 —0. 2. PUBLIC HEARING- REQUEST FOR APPROVAL OF A SERIES 14 CLUB LIQUOR LICENSE APPLICATION—THE STONE CANYON CLUB LOCATED AT 945 W VISTOSO HIGHLAND DRIVE Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed. MOTION: Vice Mayor Johnson MOVED to APPROVE the request for a Series 14 liquor license for Mr. John Beerling and principals at The Stone Canyon Club. Council Member Parisi SECONDED the motion. Motion carried, 4 — 1 with Council Member Bryant opposed. 4. PUBLIC HEARING—ORDINANCE NO. (0)00-10 OV8-99-04 CONDITIONAL USE PERMIT TO REPLACE AN EXISTING UTILITY POLE AT THE COMMERCIAL CENTER ON THE SOUTHEAST CORNER OF LA CANADA AND LAMBERT LANE Community Development Director Brent Sinclair reviewed the Council Communication. He explained that staff has reviewed the conditional use permit for replacing an existing utility pole at the commercial center on the southeast corner of La Canada and Lambert Lane. Staff recommended approval with the condition listed in Exhibit"A" requiring the utility pole to be "raptor-friendly." Charles Hulsey, The WLB Group, representing the applicant Beztak, reviewed an overhead slide showing the existing utility pole and a depiction of the proposed replacement pole. He explained that they are not changing the actual height of the pole or the size of the wiring. He stated that the removal of a portion of the dirt hill necessitates a longer utility pole. Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed. MOTION: Vice Mayor Johnson MOVED to ADOPT Ordinance No. (0)00-10, for a conditional use permit to replace an existing utility pole at the commercial center on the southeast corner of La Canada and Lambert Lane with the condition that the installation of the utility pole needs to be done in a manner that is raptor friendly. Council Member LaSala SECONDED the motion. Motion carried, 5 —0. 03/01/00 Minutes,Council Regular Session 11 6. REQUEST TO AMEND THE 1999/2000 BUDGET AND APPROVE THE ADDITIONAL EXPENDITURE OF $7,165 TO HIRE A PART-TIME COURT SERVICES CLERK Judge George Dunscomb reviewed his request and the necessity for a part-time Court Services Clerk. MOTION: Council Member LaSala MOVED to AMEND the 1999/2000 Budget and approve the additional expenditure of approximately $7,165 by the Magistrate Court to hire a part-time clerk for the remainder of the fiscal year. Council Member Bryant SECONDED the motion. Motion carried, 5 —0. TOWN MANAGER'S REPORT No report. ENGINEER'S REPORT Town Engineer Bill Jansen reported that construction on the Hardy/Oracle Road traffic light would begin on March 13th. FINANCE DIRECTOR'S REPORT No report. COMMUNITY DEVELOPMENT DIRECTOR'S REPORT No report. POLICE CHIEF'S REPORT No report. WATER UTILITY DIRECTOR'S REPORT No report. COUNCIL COMMITTEE REPORTS Vice Mayor Johnson encouraged the Town Manager to address the lack of parking in the Town Hall parking lot for the town's March 14th primary election. Council Member Parisi reported that Jeff Weir, Economic Development Administrator, has been working in coordination with the Chamber of Commerce to recruit businesses to Oro Valley. He also reported that the Fraternal Order of Police would be meeting with the Town Council next week. 03/01/00 Minutes,Council Regular Session 12 Council Member LaSala reported that the Environmental Sensitive Lands Ordinance committee met Thursday, February 24th. He explained that the process is tedious and he complimented the members on their efforts. Council Member LaSala also reported that the Budget and Bond Committee met on February 28th and will be bringing forth their recommendations to Council in March or April. He also complimented the Oro Valley Police Department on their efforts to recreate an accident that occurred at Pusch View Lane and Oracle Road. Council Member Bryant reported that the Water Utility Commission would be meeting with the Town Council on Monday, March 6th to study the Renewable Water Source Plan. CALL TO AUDIENCE No speakers. ADJOURNMENT MOTION: Vice Mayor Johnson MOVED to ADJOURN at 10:28 p.m. Council Member LaSala SECONDED the motion. Motion carried, 5 —0. Respectfully submitted, Roxana Garrity, Deputy Town Clerk I 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 1st day of March, 2000. I further certify that the meeting was duly called and held and that a quorum was present. Dated this 24th day of March ,2000. N / 1, Kathrn E. Cuvelier, CMC Town Clerk THE MINUTES FOR MARCH 6, 8, & 15, 2000 WILL BE MADE AVAILABLE AS SOON AS POSSIBLE. THANK YOU ! C DRAFT MINUTES ORO VALLEY TOWN COUNCIL STUDY SESSION MARCH 8,2000 ORO VALLEY TOWN COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE CALL TO ORDER: 5:35 P.M. PRESENT: Paul Loomis, Mayor Dick Johnson, Vice Mayor (arrived at 5:45 p.m.) Wayne Bryant, Council Member EXCUSED: Fran LaSala, Council Member Paul Parisi, Council Member ANNUAL EMPLOYEE FORUM Mayor Loomis announced that this is the first Annual Employee Forum. He stated he would like to see this Forum open a dialogue between employees and Mayor and Council Members. He asked how can the Council make working conditions better and improve quality of life and make the work experience better for all employees. He stated that although the Council cannot make a decision tonight, they are here to listen. He explained that at budget time, requests for additional personnel and benefit options will be considered. The following employees submitted their comments for the record: Paul Johnston, Manager of Permit Counter and Plans Review Technician for Building Codes. Mr. Johnston stated he is representing Building Safety and submitted a daily log- in sheet showing the amount of walk-in customers that his department helps on a typical day. He also submitted documentation summarizing their work load for inspections and plan reviews. He strongly urged the Council to consider additional staffing and appropriate technology for his department to help alleviate the tremendous workload due to the growth of the Town. Mayor Loomis stated Council is aware that all departments are overworked and that we are playing "catch-up" for the next couple of years to meet the demands of the increased workload. He recommended staff attend Budget Study Sessions to support your department and to provide back-up to your department head to provide back-up on what is needed. Vice Mayor Johnson stated he is committed to resolving the backlog of work. He expressed concern with pay issues, workload and losing good planners and engineers to the private sector. 03/08/00 Minutes,Council Study Session 2 Craig Civalier, PE and Elizabeth Eberbach, Civil Engineer-Technician stated they are representing Planning & Zoning Department and read the following memorandum for the p g record: "We thank the Town Council for giving us this opportunity to present our ideas and concerns. The Planning & Zoning Staff and Administration are committed to improving theualit of life and customer service in our operations and in the Town in general. In q y this effort, we need your help and support in the following areas: • Use existing interview information and other programs to promote employee retention. • We ask that the Town Manager and Council support our superiors when they request additional staff. • Many have noticed an increase in illness that correlates to the increased stress level and work load amongst the P & Z staff. • Town growth has exceeded the capabilities of the existing staff. We propose that the Council provide funding to bring new staff on board ASAP. • Continue to evaluate the salaries for all P & Z staff. The planner positions have been addressed and we appreciate what the Council has done in this regard. However, the rest of the titles in Planning & Zoning need to be evaluated. • Request support for travel and training. At least 5% of our time should be devoted to professional development-both outside and in-house training programs. Employees need not to feel that they are getting backlogged while taking time for training. • We need time to prepare and give training sessions for developers, designers, engineers and architects in the development processes of the Town. • Employees need not to feel that they are getting backlogged while taking time for vacations. • We encourage and support the Town's effort in hiring someone to answer the telephones or provide every employee with a direct line with voice mail. This will free up the clerical staff to do their jobs more effectively and with less interruption. • Evaluate the space that is being provided in the new building in relation to existing and projected staff. We need the close relationships that the move into the new building will provide, but we also need to insure that adequate space is provided for all staff. Please reconsider the staff relocations and consider keeping the modular building for the increase in staff. Provide water and sewer service to the modular building. • Dental and eye plan coverage needs to be updated. • Be supportive to re-evaluate flextime. The Mayor & Council discussed the following issues: • Providing adequate space for staff to do their jobs. • New sophisticated telephone system will be helpful to the staff. • Taking sick leave when staff needs to. 03/08/00 Minutes,Council Study Session 3 • Importance of training and cross training when needed. • Appreciation for the honest feedback between staff and Council to help resolve these issues. • There's no way to slow down development, it is important to have appropriate staff to deal with the demands brought on by the Town's growth. If development slows down, share personnel on projects in other departments, as needed. F.O.P. LODGE #53 ANNUAL FORUM Jim Bloomfield representing Oro Valley FOP stated their target is retaining high quality officers. Trying to remain competitive with other agencies in particular, City of Tucson. They are working on a nice comprehensive plan for submittal. Officer Trujillo stated he is Chairman of the Committee and he thanked the Council for their time. They are working to give the Council "more bang for the buck." Vice Mayor Johnson and Mayor Loomis commended the police department for their outstanding service to the citizens. ADJOURNMENT Council Member Bryant MOVED to adjourn the meeting at 6:30 p.m. MOTION SECONDED by Vice Mayor Johnson. MOTION carried 3 —0. Respectfully submitted, Kathryn . Cuvelier, CMC Town Clerk MINUTES ORO VALLEY TOWN COUNCIL REGULAR SESSION MARCH 15,2000 I4P'N ORO VALLEY COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE REGULAR SESSION CALL TO ORDER 5:40 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Dick Johnson, Vice Mayor Paul Parisi, Council Member Fran LaSala, Council Member EXCUSED: Wayne Bryant, Council Member MOTION: A MOTION was made by Vice Mayor Johnson and SECONDED by Council Member LaSala to go into Executive Session at 5:40 p.m. Motion carried, 4 - 0. EXECUTIVE SESSION The Executive Session was called for the following purpose: 1. Pursuant to ARS 38.431.03 (A)(3) to obtain Legal Advice relating to Tortolita v. Town of Oro Valley Cause No. 328365 and related cases and matters 2. Pursuant to ARS 38-431.03 (A)(3) Legal advice relating to Supplemental Water Agreement Amendments 3. Pursuant to ARS 38-431.03 (A)(3) Legal advice relating to General Plan Amendment for Rancho Vistoso PAD (Neighborhood #11) 4. Pursuant to ARS 38-431.03 (A)(3) Legal advice relating to PAD Amendment for Rancho Vistoso Neighborhood 11 5. Pursuant to ARS 38-431.03 (A)(3) & (4) Legal Advice relating to pending litigation regarding U.S. Homes v. Oro Valley, Pima County Superior Court Cause No. 335827 6. Pursuant to ARS 38-431.03 (A)(3) & (4) Legal Advice relating to pending litigation regarding New World Homes v. Oro Valley, Pima County Superior Court Cause No. 325395 MOTION: A MOTION was made by Vice Mayor Johnson and SECONDED by Council Member LaSala to go out of Executive Session at 6:45 p.m. Motion carried, 4 - 0. RESUME REGULAR SESSION 03/15/00 Minutes,Council Regular Session 2 CALL TO ORDER 7:03 p.m. ROLL CALL Paul Loomis, Mayor Dick Johnson, Vice Mayor Paul Parisi, Council Member Fran LaSala, Council Member Wayne Bryant, Council Member PLEDGE OF ALLEGIANCE Mayor Loomis led the audience in the Pledge of Allegiance. UPCOMING MEETING ANNOUNCEMENTS Town Manager Chuck Sweet reviewed the upcoming meetings. Mr. Sweet also introduced Ms. Susan King, the Town's new Public Relations Specialist. CALL TO AUDIENCE Charles LeForge, 1002 W. Wilkenson, expressed his concerns regarding a trail off Calle Loma Linda in Logan's Crossing that accesses Canyon del Oro Wash. He stated that a private landowner has placed barbed wire across the area. He expressed his concern for the safety of the horses and riders that use the area and the fact that equestrians, hikers, bikers, and joggers now have to travel down La Canada Drive to get to the wash. He requested that the issue be placed on the next Council agenda. Emily Sleigh, 12417 N. Copper Queen Way, stated that she enjoyed the election day process. She stated that she ran for Council because she was interested in the quality of life in Oro Valley. She asked that when petitioners come before Council, that the quality of life, the citizens and the Town staff be considered as well as the developers and builders. Ms. Sleigh also asked that the Council move forward on the Town's historic preservation. Karen Baker, 1231 W. Linda Vista Boulevard, spoke on the issue of the Canyon del Oro (CDO) Wash access trail. She explained that she worked on the Pima County Trail System Master Plan draft in 1992 in which they worked on the access trail to CDO Wash. She stated that the horse property values and safety issues need to be considered and addressed. Ms. Baker explained that the trail access is approved as part of the Pima County Trail System Master Plan, the Oro Valley Trails Plan and is being worked on by the PimalPinal Regional System Master Plan committee. Hector Conde, 14040 N. Lobelia Way, referenced changes in the General Plan. He stated that he recently spent time in a law library. He then read an excerpt from one of his findings stating that zoning classifications and regulations should only be changed or amended when such action is in the public interest and that it has a reasonable relation to the health, safety, morals, welfare or prosperity of the community. 03/15/00 Minutes,Council Regular Session 3 CONSENT AGENDA Mayor Loomis pulled Items F and H from the Consent Agenda. MOTION: Vice Mayor Johnson MOVED to APPROVE the Consent Agenda, Items A, B, C, D, E, and G. Council Member LaSala SECONDED the motion. Motion carried, 5 — 0. A. Minutes—2/2/00, 2/16/00 B. Finance Report— Month Ended January 31,2000 C. Approval of Budget & Bond Committee Report to Council for Quarter Ended December 31, 1999 D. Approval of Budget & Bond Committee Recommendation to amend the month of the Committee Election of Chairman& Vice-Chairman from April of each year to July of each year E. Resolution No. (R)00-26 Authorizing the Police Department to apply for the 2000 Local Law Enforcement Block Grant (LLEBG) Program from the Arizona Criminal Justice Commission for the funding of Law Enforcement Support Equipment and a 10% match of the total program in the amount of$388 F. Resolution No. (R)00-27 Project No. DPW 99-00-09 Awarding a contract to Kimberly-Home & Associates in the amount of$215,077.20 for the Town Wide Drainage Study, Update Floodplain Ordinance & preparation of a Drainage Manual (PULLED FOR DISCUSSION) G. Resolution No. (R)00-28 Confirming & authorizing entry into the Continuation of Occupancy Agreement between Ann Alden & the Town of Oro Valley, and authorizing the early payment of$45,000.00 to Alden for relocation expenses prior to vacation of the premises H. OV12-96-04B Rams Canyon Phase III Final Plat located '/4 mile east of Oracle Road & '/2 mile northeast of Allied Signal (PULLED FOR DISCUSSION) F. RESOLUTION NO. (R)00-27 PROJECT NO. DPW 99-00-09 AWARDING A CONTRACT TO KIMBERLY-HORNE & ASSOCIATES IN THE AMOUNT OF S215,077.20 FOR THE TOWN WIDE DRAINAGE STUDY, UPDATE FLOODPLAIN ORDINANCE & PREPARATION OF A DRAINAGE MANUAL MOTION: Vice Mayor Johnson MOVED to APPROVE Resolution (R)00-27. Council Member LaSala SECONDED the motion. Motion carried, 5 —0. H. OV12-96-04B RAMS CANYON PHASE III FINAL PLAT LOCATED ' MILE EAST OF ORACLE ROAD & 1/2 MILE NORTHEAST OF ALLIED SIGNAL MOTION: Council Member Parisi MOVED to APPROVE OV 12-96-04B Rams Canyon Phase III Final Plat, effective on the date of satisfaction of attached conditions 03/15/00 Minutes,Council Regular Session 4 listed in Exhibit A, and with the exception that General Note #19 will be changed to read " Grading shall be limited tol 5,000 square feet per lot." A) 1. General Note 8 shall be revised to state that the setbacks are: front— 30 feet, side—20 feet, and rear—40 feet. 2. Provide access from Broken Rock Drive to the top of the bank on the east side of the drainage-way. 3. A landscape plan will not be required for this project. However, screening should be provided between the homes and the trail on the top of the drainage-way bank. Therefore, revise General Note 19 to add the following: "Building envelopes shall be situated to preserve existing protected plants (as identified in the Native Plant Salvage Plan) to the maximum extent possible, and to provide a buffer between private yards and the public trail on the drainage-way." Vice Mayor Johnson SECONDED the motion. Motion carried, 4 — 1, with Mayor Loomis opposed. UNFINISHED BUSINESS: 2. PUBLIC HEARING- ORDINANCE NO. (0)00-07 OV 11-98-02 AMENDMENTS TO THE 1996 GENERAL PLAN FOR THE NORTHERN PORTION OF A PARCEL KNOWN AS RANCHO VISTOSO NEIGHBORHOOD 11, LOCATED IN THE NORTHWEST CORNER OF ORO VALLEY (CONTINUED FROM 2/16/00) Melissa Shaw, Planner II, referenced the four Findings of Fact that the granting of a General Plan amendment are based on. She explained that Planning Staff has met with the applicant three times since this item was last heard by Council. She stated that although there has been lot of positive changes made to the proposed plan, staff does not recommend approval of the General Plan amendment as being presented. She explained that there are still areas of open space fragmentation, issues regarding clustering, and the four Findings of Fact are not met. Ms. Shaw asked that the item be continued to the May 3rd Council meeting to allow further analysis of the revised plans and maps. In response to questions from Council Member LaSala, Ms. Shaw explained that there are no lots currently approved for the area. She also reiterated that the proposed plan does not meet the four Findings of Fact for a General Plan amendment. Charles Hulsey, The WLB Group, representing the applicant, Vistoso Partners, stated that they spenta good amount of time trying to develop unique home sites with as little impact to the area as possible. He explained that they are looking at the design of the site not the number of lots. He asked that Council continue this item to allow them time to work with staff. 03/15/00 Minutes, Council Regular Session 5 Mr. Hulsey further explained that they have been working with a biology consultant (PCR Services Corporation) who has prepared a report on the area regarding fragmented areas, corridor widths, buffers, etc. (Report was presented to Council.) Mr. Hulsey also presented a site topography map to Council for their reference. He explained that Vistoso Partners want to build on approximately 65-66 acres that are currently "unbuildable." In exchange for this opportunity, they are offering to dedicate to the Town the upper portion of Honey Bee Canyon, the trailhead site, Honey Bee Park and another 35 —40 acres in the northeast corner of Neighborhood 11. Mr. Steve Nelson, PCR Services Corporation, biology consultant, explained that their analysis is intended to build on the Harris Environmental Group's Habitat Study not refute it. He explained that after meeting with Town staff and walking the site, PCR understands that the issues revolve around the loss and fragmentation of habitat. Specific issues that were addressed in their report are: • Direct loss of habitat • Habitat buffers • Corridor/linkage width • Encroachments into corridors/linkages • Site specific design features Mayor Loomis opened the public hearing. Bill Adler, 10720 N. Eagle Eye Place, stated that the issue is the requirements of the General Plan and whether the Town should adhere to them or set them aside. He stressed that all four Finding of Fact must be met. He stated that#1 and#3 would never be met. Mr. Adler stated that in the public sector, a wider number of stakeholders are impacted and exceptions to policies should be rare, well justified and documented. He asked that Council do what is best for the Town. He suggested that if the decision is made to override the requirements of the General Plan, that Council receive monies instead of land exchanges to allow the completion of parks and the development of new parks. Hector Conde, 14040 N. Lobelia Way, stated that delays on the part of the applicant made reports and maps unavailable for public review before tonight's meeting. He expressed his concerns that the proposed exchange for lands is not comparable. He also stated that the proposal does not meet the four Findings of Fact. Irving Kempner, 288 E. Calle Diamante, stated that the public did not have access to the detail or facts before the meeting. He said that he is opposed to the proposal to amend the General Plan. He stated that there would be long term changes and the potential loss of open space. He asked that the General Plan be left intact. He expressed his concern that Oro Valley is being destroyed piece by piece by the influence of the developers. Patty Estes, 11700 N. Joi Drive, recommended denial of the General Plan amendments. She stated that giving up open space would not benefit the community as the community wants more open space. She stated that the proposal would never meet the criteria for a 03/15/00 Minutes,Council Regular Session 6 General Plan amendment. She asked that the Council uphold the General Plan and the desires of the community. Nancy Young Wright, 1005 W. Wilkinson, stated that she is concerned that the recommendations of the Harris Study were not being considered. She also expressed concerns regarding the public trail access as it relates to Pima County Trails requirements. She also stated that the land trade did not make any sense as it is not acre for acre. Martha Pearce, 11449 N. Mandarin Lane, stated that she has spoken in the past regarding the preservation of open space. She stated that this area is spectacular open space. She urged Council to deny the amendment to the General Plan. Mayor Loomis closed the public hearing. MOTION: Council Member Bryant MOVED to DENY Ordinance (0)00-07 on the findings that it does not meet the four Findings of Fact to the General Plan. Council Member LaSala SECONDED the motion. DISCUSSION: Council Member LaSala stated that nothing has changed since the last time this item was before Council. He stated that staff has noted that the request does not comply with the General Plan. He said that everyone needs a break from this and if the developer wants to come back in a year with another request, they can. Vice Mayor Johnson stated that it was premature to act on this issue and he supports the continuation of the item. He stated that he would like to have more time for the public to review the final proposal and then receive their input on the item. Council Member LaSala stated that the process for reviewing and updating the General Plan is coming forward and that would provide an opportunity for a lot of public input. He said that maybe that would be the time to take a look at this request. Council Member Parisi stated that he was not in favor of developing open space but he felt that dialogue was needed to come to a consensus. He said that it would not hurt to continue this item and to study the benefit to the citizens, the Town and all those concerned. Council Member Bryant said that citizens have met with the developer on the project. He said that there would be an opportunity as the General Plan is reviewed to set policy that would provide definite answers on the issue of open space. CALL FOR THE QUESTION moved by Council Member Bryant and SECONDED by Council Member LaSala. Carried, 5 — 0. Motion to DENY the General Plan amendment failed, 2 — 3, with Mayor Loomis, Vice Mayor Johnson and Council Member Parisi opposed. 03/15/00 Minutes,Council Regular Session 7 MOTION: Vice Mayor Johnson MOVED to CONTINUE Ordinance No. (0)00-07, amendments to the General Plan until May 3, 2000. Motion carried, 3 —2 with Council Member LaSala and Council Member Bryant opposed. Mayor Loomis recessed the meeting at 8:20 a.m. The meeting resumed at 8:35 p.m. 3. PUBLIC HEARING —ORDINANCE NO. (0)00-08 OV9-98-02A AMENDING THE RANCHO VISTOSO PLANNED AREA DEVELOPMENT (PAD) FOR NEIGHBORHOOD 11, RECONFIGURATION OF OPEN SPACE AND TRAIL REALIGNMENT LOCATED IN THE NORTHWEST CORNER OF THE TOWN OF ORO VALLEY (CONTINUED FROM 2-2-00) Planning and Zoning Administrator Bryant Nodine reviewed an overhead map of Neighborhood 11, Rancho Vistoso Planned Area Development (PAD). He referenced changes made to the original map: ■ Area A - All lots have been eliminated due to encroachment in the riparian buffer ■ Area B - Six lots have been eliminated due to encroachment in the riparian buffer ■ Area C - Two lots have been eliminated, lots have been clustered better, and a shared driveway was provided to limit impacts on a rock outcrop ■ Area D - Seven lots have been eliminated due to encroachment in the riparian buffer and lots have been clustered better ■ Area E - All lots have been pulled back from the riparian buffer ■ Area F —Not evaluated ■ Area G—This lot may have been eliminated, no plan was provided ■ Area H —Not evaluated Mr. Nodine stated that progress had been made and there seemed to be an understanding of what the goals are for each side. He explained that the applicant is utilizing the topography to create privacy and maintain the value. Mr. Nodine showed overhead pictures of the area and the proposed"trade" areas. He explained that the open space being proposed for dedication to the Town is primarily riparian areas and mesquite bosques which should have a higher habitat value than the open space in the upland areas that are proposed for development. Mr. Nodine stated that there was still a lot to study and staff recommended continuance of this proposal until May 3rd Charles Hulsey, The WLB Group, representing Vistoso Partners, stated that they have come along way. He said that there is new information to consider and they would appreciate continuance of the item. Mayor Loomis opened the public hearing. Jan Johnson, 3 885 E. Golder Ranch Road, stated that she would like to see the trail remain in Neighborhood 11. She said that the trail is on the Eastern Pima County Trail 03/15/00 Minutes,Council Regular Session 8 System Master Plan. Ms. Johnson asked that the Pima Trails Association be included in any negotiations regarding trails in the area. Bill Adler, 10720 N. Eagle Eye Place, stated that if there are private discussions or contacts taking place with the developer that exclude Planning staff, they should be fully disclosed. He stated that the public is entitled to full disclosure and discussions should be held in a Study Session environment. Nancy Young Wright, 1005 W. Wilkinson, referenced the loss of the Big Horn Sheep on Pusch Ridge and asked that Council not make the same kind of mistakes that were made in the past. She recommended that there continue to be public workshops, but asked that Council listen to the people's input. Mayor Loomis closed the public hearing. MOTION: Council Member LaSala MOVED to CONTINUE this item until the first meeting in May (May 3rd) with the condition that all the lots in areas A— H be excluded and the discussions be limited to the lots that the Town has no concerns with. Council Member Bryant SECONDED the motion. Discussion followed regarding approving the plan on only the areas that do not cause concerns to staff, allowing Town staff to work on the project and not tying their hands, looking at positive and negative impacts to trails, open space, and economic issues, etc. CALL FOR THE QUESTION moved by Council Member Bryant and SECONDED by Council Member LaSala, carried 4— 1, with Mayor Loomis opposed. Motion failed, 2 — 3, with Mayor Loomis, Vice Mayor Johnson, and Council Member Parisi opposed. MOTION: Vice Mayor Johnson MOVED to CONTINUE the item to May 3rd and allow staff to work with the developer lot by lot. Motion carried, 3 —2 with Council Member LaSala and Council Member Bryant opposed. (Council Member Bryant excused himself from the meeting due to illness.) 4. RESOLUTION NO. (R)00-14 RANCHO VISTOSO SUPPLEMENTAL AGREEMENT AMENDMENTS (CONTINUED FROM 02/02/00) MOTION: Vice Mayor Johnson MOVED to CONTINUE Resolution (R)00-14 to the May 3, 2000 Council meeting. Council Member LaSala SECONDED the motion. Motion carried, 4 - 0. NEW BUSINESS: 03/15/00 Minutes, Council Regular Session 9 5. APPOINTMENT OF LAQUITA STEC TO THE WATER UTILITY COMMISSION EFFECTIVE 3-15-00—6-30-02 MOTION: Council Member LaSala MOVED to APPOINT Ms. LaQuita Stec to the Oro Valley Water Utility Commission with her term expiring on June 30, 2002. Vice Mayor Johnson SECONDED the motion. Motion carried, 4—0. 6. RESOLUTION NO. (R)00-28 APPOINTMENT OF LOCAL PUBLIC SAFETY RETIREMENT BOARD MEMBERS MOTION: Vice Mayor Johnson MOVED to APPROVE Resolution (R)00-28, appointing members of the Public Safety Personel Retirement System Local Board pursuant to Arizona Revised Statutes. (Members: Mayor for an indefinite term, Town Manager for a four year term, Sergeant Trujillo for a four year term, Sergeant Buvik for a two year term and Mr. Herb Rutt for a two year term.) Council Member Parisi SECONDED the motion. Motion carried, 3 — 1, with Council Member LaSala abstaining. 7. PUBLIC HEARING —ORDINANCE NO. (0)00-11 AMENDING THE ORO VALLEY TOWN CODE ARTICLE 15-17-5 AND ARTICLE 15-17-10 AND RELATED PROVISIONS AS TO WATER UTILITY CONNECTION FEES/DEVELOPMENT IMPACT FEES Interim Water Utility Director Shirley Seng reported that on February 2"d, the Town Council adopted Resolution No. (R)00-06 which provided notice of intent to increase potable water system development impact fees and established the public hearing date for March 15th. Due to statutory requirements for the collection of impacts, the fees were designed using the assumption that the utility would finance the cost of infrastructure using the impact fees to repay the debt. The proposed impact fees are comprised of three components: ■ Costs to construct the infrastructure ■ Costs affiliated with infrastructure needs to meet existing system demands placed on the system by golf courses ■ The costs that would be incurred to finance the construction of the facilities Ms. Seng stated that staff recommends that Council approve the amendments to the development impact fees with the fee structure titled Case 3B which includes the golf course related infrastructure cost component. Mr. Mark Taylor, Westland Resources, consultant, referenced the approved Potable System Master Plan which projects existing land uses, future populations, water system demands and infrastructure requirements. The infrastructure requirements were separated into two distinct categories; existing and future infrastructure requirements based upon population and land use projections. Mr. Taylor also reviewed the methodology for allocating water system costs between the different types of users. 03/15/00 Minutes,Council Regular Session 10 Frank Cassidy, Outside Legal Counsel, explained that per Statutes, the public hearing would be held not less than thirty days after the public report was made available and not less than fourteen days before the adoption of the Ordinance. Mayor Loomis opened the public hearing. Steve Solomon, 12753 N. Walking Deer Place, stated this was a totally different way of funding puc bliprojects. He stated that the current citizens of Oro Valley are using the water system and roads that they did not pay for. These items were paid for by the tax base of the town. He stated that now we are saying that growth must pay for itself. He also stated that the proposed fee change was very large and needs to be carefully considered. Dick Maes, 955 W. Vistoso Highlands Drive, representing Vistoso Partners, stated that he did not question the increase in fees, but he questions the amount. He stated that he understands the need to increase the capacity of the reservoirs, but some of the evaluations are questionable. He also addressed non-turf uses and golf course use. He then referenced water meter fees charged in Maricopa County and stated that he was looking for equality. Mayor Loomis closed the public hearing. In response to questions from Mayor Loomis, Mr. Taylor explained that the basis for the numbers on the impact fees is the cost of new infrastructure that is required to support new development. He said that development has paid for the facilities since the beginning of the water company. He explained that there are large additional costs related to fire flow, storage requirements, telemetry costs, etc. Mr. Cassidy explained that if or when the existing golf courses are taken of potable water, there would be excess capacity. If the golf courses do not come off the potable water, the capacity that is being used currently would have to be built into the system so the fee would go up more. The same holds true for new golf courses that would be using the potable water system. If an alternative water resource system comes to be, then they can determine the extent of the benefit that was received by the potable water system or the extent of the benefit received by the alternative water system. They can then determine if the golf course is paying its full share for water delivery. He stated that the process would be equitably established. MOTION: Council Member LaSala MOVED to set the date for consideration of Ordinance (0)00-11 to the first meeting in April (April 3rd.) Vice Mayor Johnson SECONDED the motion. Motion carried, 4— 0. 8. RADON REPORT RECOMMENDATIONS FROM WATER UTILITY COMMISSION 03/15/00 Minutes,Council Regular Session 11 Interim Water Utility Director Shirley Seng reviewed the Council communication. She explained that the Environmental Protection Agency (EPA) does not currently regulate radon in drinking water. However, the Safe Drinking Water Act calls for the establishment of both a Maximum Contaminant Level (MCL) and Alternative Maximum Contaminant Level (AMCL) for radon in an effort to reduce health risks associated with radon. Ms. Seng reported that the EPA's final MCL and AMCL for radon are expected to be published in August, 2000 with the State's final rule effective in 2002. However, if the State establishes the AMCL with a Multimedia Mitigation (MMM) program, the implementation date would be in 2005. Council Member LaSala asked why wasn't the Town lobbying on this ridiculous requirement for radon testing. Vice Mayor Johnson concurred that lobbying should be done on the subject. Mayor Loomis stated that the study compiled by Westland Resources (Radon Assessment Study) was well done. He asked that Council include in the motion to initiate a lobbying effort both at state and federal levels to identify the Town's concerns over the proposed legislation. MOTION: Council Member LaSala MOVED that staff be directed to follow through on the Suggested Actions detailed in Article 6.0 of the Radon Assessment Study and to develop for Council approval a program to inform the public about radon issues. Also, to begin a lobbying effort with local, state and national water associations to make comments strenuously against this particular issue. Vice Mayor Johnson SECONDED the motion. Town Manager Chuck Sweet stated that the Water Utility Commission is working on a program that they would be bringing forward to Council. Motion carried, 4— 0. 9. POSSIBLE ACTION RELATING TO U.S. HOME V. TOWN OF ORO VALLEY, PIMA COUNTY CAUSE NO. 335827 MOTION: Vice Mayor Johnson MOVED to CONTINUE this item INDEFINITELY. Council Member LaSala SECONDED the motion. Motion carried, 4 —0. 10. POSSIBLE ACTION RELATING TO NEW WORLD HOMES V. TOWN OF ORO VALLEY, PIMA COUNTY CAUSE NO. 325395 MOTION: Council Member LaSala MOVED to accept the settlement recommendation of the Town Attorney as expressed in Executive Session to settle the case of new World Homes v. Oro Valley, Pima County Cause #325395 relating to a pre-annexation agreement entered into between the parties in 1993. Vice Mayor Johnson SECONDED the motion. Motion carried, 4 —0. 03/15/00 Minutes,Council Regular Session 12 TOWN MANAGER'S REPORT No report. ENGINEER'S REPORT No report. FINANCE DIRECTOR'S REPORT No report. COMMUNITY DEVELOPMENT DIRECTOR'S REPORT No report. POLICE CHIEF'S REPORT No report. WATER UTILITY DIRECTOR'S REPORT No report. COUNCIL COMMITTEE REPORTS Council Member LaSala reported that the ESL (Environmentally Sensitive Lands) Task Force met last week and progress is being made. He also reported that the Planning and Zoning Commission met and they will be sending their recommendations to Council regarding the 1% fee for art. Vice Mayor Parisi reported that he, the Town Manager, the Human Resource Director and the Chief of Police met with a delegation of the Fraternal Order of Police. He stated that it was good to see the open dialogue between labor and management. CALL TO AUDIENCE No speakers. ADJOURNMENT MOTION: Council Member LaSala MOVED to adjourn at 10:05 p.m. Vice Mayor Johnson SECONDED the motion. Motion carried, 4—0. 03/15/00 Minutes, Council Regular Session 13 Respectfully submitted, 0• rc- Roxana Garrity, Deputy Town Clerk I 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 15th day of March,2000. I further certify that the meeting was duly called and held and that a quorum was present. Dated this day of ,2000. Kathryn E. Cuvelier, CMC Town Clerk MINUTES ORO VALLEY TOWN COUNCIL AFT SPECIAL SESSION MARCH 20, 2000 ORO VALLEY COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE SPECIAL SESSION AT OR AFTER 6:30 PM CALL TO ORDER: 6:30 p.m. PRESENT: Paul Loomis, Mayor Paul Parisi, Council Member Fran LaSala, Council Member Wayne Bryant, Council Member EXCUSED: Dick Johnson, Vice Mayor EXECUTIVE SESSION AT OR AFTER 6:30 PM A MOTION was made by Council Member LaSala and SECONDED by Council Member Bryant to go into Executive Session at 6:30 p.m. Motion carried 4 - 0: 1. Pursuant to ARS 38.431.03 (A)(1) regarding personnel matters: Annual Evaluation of the Town Manager's performance A MOTION was made to go out of Executive Session at 7:15 p.m. by Council Member LaSala. MOTION SECONDED by Council Member Bryant. MOTION carried 4—0. RESUME SPECIAL SESSION CALL TO ORDER 7:20 p.m. PRESENT: Paul Loomis, Mayor Paul Parisi, Council Member Fran LaSala, Council Member Wayne Bryant, Council Member EXCUSED: Dick Johnson, Vice Mayor RESOLUTION NO. (R)00-29 CANVASS OF THE VOTE—MARCH 14, 2000 PRIMARY ELECTION Town Clerk Kathryn Cuvelier reviewed the results of the March 14th Primary Election: Werner Wolff 1878 (46.68%) Paul Parisi 1040 (25.85%) Hector Conde 1640 (40.77%) Michael Kerrigan 926 (23.02%) Wayne Bryant 1628 (40.47%) Matthew Moutafis 613 (15.24%) Bart Rochman 1562 (38.83%) Emily Smith Sleigh 587 (14.59%) Richard Johnson 1374 (34.15%) 03/20/00 Minutes,Council Special/Study Session 2 Since none of the candidates received a majority vote, the following 6 candidates will run in the May 16th General Election: Wayne Bryant Paul Parisi Hector Conde Bart Rochman Richard Johnson Werner Wolff MOTION: A MOTION was made by Council Member LaSala to approve Resolution No. (R)00-29, canvassing the vote for the March 14, 2000 Primary Election. MOTION SECONDED by Council Member Bryant. MOTION carried 4-0. ADJOURNMENT OF SPECIAL SESSION A MOTION was made by Council Member LaSala to ADJOURN the special session at 7:25 p.m. MOTION SECONDED by Council Member Bryant. MOTION carried 4—0. STUDY SESSION Mayor Loomis called the study session to order at 7:26 p.m. PRESENT: Paul Loomis, Mayor Paul Parisi, Council Member Fran LaSala, Council Member Wayne Bryant, Council Member EXCUSED: Dick Johnson, Vice Mayor BARRERAS SLOPE PROJECT Town Engineer Bill Jansen explained that the town inherited this eroding slope located at the northwest corner of First Avenue and Lambert Lane, and he has come up with a permanent solution to resolve the problem. He reviewed the concept plans for the improvements of the "Barreras" 3:1 slope and stated staff is recommending Option Three because it is cost effective, aesthetically pleasing, provides good slope stability and is within the budget. Steve Hagedorn, Landscape Architect with McGann & Associates reviewed five options for improving this slope and stated the options range from $50,000 to $300,000. He recommended that the Council consider approval of Option Three that includes the use of rock filled gabion baskets along the lower portions of the slope. The gabion treatment was determined to provide slope stability at a reasonable cost. Although not inexpensive, the cost for the gabion treatment proved to be approximately one-half the cost of the retaining wall treatment. Slides were shown pointing out how the desert trees in Option Three would be used at the base of the slope and at the top of the slope to soften the look of the gabion baskets. He also showed slides of the Larson Project used in various locations around Tucson. 03/20/00 Minutes,Council Special/Study Session 3 After discussion regarding the best treatment for the slope, Mayor Loomis requested that the Council look at some additional slope treatment options. He expressed concern with the fact that this slope is visible along First Avenue. He suggested using the corner area of the right of way below the slope as a rest stop and tie in to trails on the Lambert Lane Bike Path. He asked the Town Engineer to find out how much space would be available to do this. He asked that the Larson Project be included for consideration and that the Town Council look at samples. It was requested that this item come back to the Council at their April 19th Regular Session. AMENDMENTS TO THE ORO VALLEY ZONING CODE REVISED RELATING TO PUBLIC ART/PUBLIC ART ENDOWMENT FUND Community Development Director Brent Sinclair reviewed proposed amendments to the Oro Valley Zoning Code Revised regarding creating a funding mechanism for public art projects that the whole town can enjoy while leaving the bulk of the existing on-site requirements intact. This proposed amendment would allow commercial projects valued at or below $500,000, the option to build the 1% ($5,000) public art on-site or contribute the 1% to the newly created Public Art Fund. Likewise, commercial projects valued at or above $10,000,000 would have the option to use all 1% for on-site public art or contribute that portion of the 1% over $100,000 to the Public Art Fund. Bob Weede, GOVAC discussed with the Council, the following issues: • Is the contribution to the Public Art Fund voluntary or mandatory? • Who will administer/manage the Public Art Fund? • Who will make the decisions of how and when funds will be expended? • What can these funds be expended for? • Make-up of the Public Art Fund Review Committee members. • The possibility of broadening the definition of art to include performing arts. Mr. Sinclair noted that staff also proposes deleting Section 4-504 (3)(C). This would allow approval of the public art to occur during the construction of a project rather than requiring it up front when the scope of costs of the project are in flux. He also pointed out that the Public Arts Projects ordinance does conform to the cultural and historic resources element of the General Plan. Mr. Sinclair stated this proposal will be brought back before the Council at the April 19, 2000 Council Regular Session, taking into account the suggestions made this evening. ADJOURNMENT MOTION: Council Member LaSala MOVED to adjourn the meeting at 8:45 p.m. Council Member Bryant SECONDED the motion. Motion carried, 4— 0. 03/20/00 Minutes,Council Special/Study Session 4 Respectfully submitted, Kathryn E. Cuvelier, CMC Town Clerk I 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 20th day of March,2000. I further certify that the meeting was duly called and held and that a quorum was present. Dated this 30th day of March ,2000. (Cw-JLe Kathry . Cuvelier, CMC Town Clerk i TOWN OF ORO VALLEY E3 COUNCIL COMMUNICATION MEETING DATE: April 5, 2000 TO: HONORABLE MAYOR& COUNCIL FROM: Robert Jacklitch Project Manager, Oro Valley Water Utility SUBJECT: Resolution No. (R)00- 30 A Resolution of the Town of Oro Valley, Pima County, Arizona Approving OV#1 Improvement Priorities B and C Engineering Design and Construction Period Services. SUMMARY: This project provides professional engineering design and construction period services services for four (4) projects in the former OV-1 service area. The projects were identified in the Oro Valley Water Improvement District No.1 Task Force July 1998 Report. The Utility assumed management of the OV#1 system July 1, 1999. The infrastructure improvements are: 1. Approximately 1,900 linear feet of 8 inch"D"Zone water main extension on Egleston Drive. 2. Approximately 900 linear feet of 8 inch"C"Zone main extension on Calle Loma Linda. 3. Approximately 7,300 linear feet of 8 inch "C" Zone main extension along Greenock Drive and Golf View Drive from Roma Drive to Calle Loma Linda. 4. Approximately 4,800 linear feet of 8 inch "C" Zone main extension along Valle del Oro Right of Way to Calle Loma Linda. The Oro Valley Water Utility (OVWU) submitted a Request For Proposal to five (5) engineering firms and received three (3) proposals in response. The OVWU staff rated the firms capabilities on project understanding, approach, project team and firms capabilities. Staff selected WestLand Resources, Inc. and negotiated a contract for$116,675.00 for professional engineering design and construction period services. Design Fee: $70,675.00 Contract Administration Fee: $24,000.00 Construction Inspection Fee: $22,000.00 TOTAL: $116,675.00 FISCAL IMPACT: Funds for this project are available from the 1999 MPC excise tax revenue bond issue. RECOMMENDATIONS: Staff respectfully recommends award of this contact to WestLand Resources, Inc. through the adoption of the attached resolution. ATTACHMENTS: 1. Resolution No. (R)00- 30 2. WestLand Resources, Inc. proposal dated February 18, 2000. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 r SUGGESTED MOTION: The Mayor and Council may wish to consider one of the following motions:. I move to approve RESOLUTION NO.(R) 00-30 for professional engineering design and construction period services. Or I move to r6.e-W l' tjt- V P •'-- . 'ager \ ‘ - ,Water Utili ►erector, Town Manager . RESOLUTION NO. (R) 00- 30 A RESOLUTION OF THE TOWN OF ORO VALLEY, PIMA COUNTY, ARIZONA AUTHORIZING AND APPROVING A CONTRACT WITH WESTLAND RESOURCES, INC. FOR OV#1 IMPROVEMENT PRIORITIES B AND C ENGINEERING DESIGN AND CONSTRUCTION PERIOD SERVICES. WHEREAS, TOWN OF ORO VALLEY has the project funds available from the 1999 MPC excise tax revenue bond issue; and WHEREAS, 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 the rights, privileges and benefits and entitled to the immunities and exemptions granted municipalities and political subdivision under the Constitution and laws of the State of Arizona and the United States; and WHEREAS, TOWN OF ORO VALLEY now finds it necessary to award a contract to WestLand Resources, Inc. for OV#1 improvement priorities B and C engineering design and construction period services. NOW, THEREFORE,BE IT RESOLVED BY THE ORO VALLEY MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY: 1. That the attached contract is hereby approved. 2. That the Mayor of the Town of Oro Valley is hereby authorized to sign the attached contract. PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Pima County, Arizona this 5th day of April , 2000. Mayor, Paul H. Loomis ATTEST: APPROVED AS TO FORM: Kathy Cuvelier, Town Clerk Dan L. Dudley, Town Attorney af% . WestLand Resources, i n c. Engineering and Environmental Consultants February 18,2000 Mr. Robert Jacklitch Project Manager ORO VALLEY WATER UTILITY 1565 Rancho Vistoso Boulevard, Suite A Oro Valley, Arizona 85737 RE: OV-1 IMPROVEMENT PRIORITIES 'B'AND 'C'DESIGN AND CONSTRUCTION PERIOD SERVICES WESTI,AND PROPOSAL NO.P585.00 Dear Mr. Jacklitch: Per your request, we arc pleased to provide a proposal for professional engineering services for design and construction period services for the OV-1 Priority 'B' and 'C' improvements. The proposed facilities will improve both the reliability and the fire-flow capability of the OV-1 service area.The OV-1 Priority'B'and'C' improvements can be divided into four potable water projects. Our scope of work for design is divided into four components to reflect the four projects: PROJECT No. 1: OV-1 PRIORITY'B'-EGLESTON DRIVE 8-INCH'D'ZONE MAIN EXTENSION The Egleston Drive main extension will consist of the design of approximately 1,900 lineal feet (if) of 8-inch 'D: Zone water main. The proposed main will connect on the north to the existing 8-inch `D' Zone water main on Egleston Drive, located adjacent to the portable buildings for CDO High School, approximately 1,500 feet north of Calle Concordia. The main extension will connect on the south to the existing 8-inch water main in front of Dennis Weaver Park. Our services will include an investigation of the existing rights-of-way (ROW), property ownership research along the proposed alignment, and coordination with existing utilities. Additionally, we propose to provide professional land survey services, including locating existing utilities as marked by Bluestake, picking up existing culture along the alignment, provide topographic data to determine elevations for the project, and provide horizontal control for layout of the project. We propose to provide these design services, including plans, specifications,and contract documents for public bid, for a lump sum fee of$11,175. PROJECT No.2: OV-1 PRIORITY'B'-CALLE LOMA LINDA 8-INCH'C' ZONE MAIN EXTENSION The Calle Loma Linda'C' Zone main extension will consist of the design of approximately 900 if of 8-inch'C'Zone main. The main is proposed to be located within the Calle Loma Linda ROW. The proposed main will connect on the north to an existing 8-inch 'C' Zone main at Linda Vista Boulevard. The main will connect on the south to an existing 8-inch 'C' Zone water main located at Calle Loma Linda. Our services will include an investigation of the existing ROWs, property ownership research along the proposed alignment, and coordination with existing utilities. Additionally, we propose to provide professional land survey services, including locating existing utilities as marked by Bluestake, picking up existing culture along the alignment, provide topographic data to determine elevations for the project. and provide horizontal control for layout of the project. We propose to provide these design services, including plans, specifications, and contract documents for public bid, for a lump sum fee of$5,700. Q:'Proposals\585.00 OV-1 Improv Priority rev prop.doc 2343 E. Broadway Blvd., Suite 202 • Tucson, AZ 85719 • 520.206.9585 Fax 520.206.951 8 Mr. Robert Jacklitch February 18,2000 Page 2 PROJECT No.3: OV-1 PRIORITY 'C' - 8-INCH 'C' ZONE MAIN EXTENSION ALONG GREENOCK DRIVE AND GOLF VIEW DRIVE FROM ROMA DRIVE TO CALLE LOMA LINDA This project will consist of approximately 7,300 lf of 8-inch water main to be constructed within the existing ROW of the above-referenced alignment. The 8-inch water main will be equipped with fire hydrants so that each home along the alignment will be within 1,000 feet of a fire hydrant. We propose to coordinate with the utility companies in the area to locate existing facilities and design domestic services for connections along the proposed alignment. We propose to bid the domestic services as an add-alternate in the public bidding process. Connections between the existing water mains and the proposed main will be incorporated into the design. The professional land survey services included within our scope of work will include locating existing utilities as marked by Bluestake, obtaining existing culture along the alignment, including driveways and existing vegetation, and centerline of pavement grade information. We propose to provide these design services, including plans, specifications, and contract documents for public bid, for a lump sum fee of$31,000. PROJECT No.4: OV-1 PRIORITY'C'-VALLE DEL ORO 8-INCH'C'MAIN EXTENSION We propose to connect to the newly constructed 8-inch water main in Valle del Oro Road at Desert Sky adjacent to the existing clubhouse for the Oro Valley Country Club. The proposed 8-inch main will extend approximately 4,800 lf west along the Valle del Oro ROW and connect into the existing 8-inch water main in Calk Loma Linda. The 8-inch water main is proposed to be located within the existing ROW of the above-referenced alignment. The 8-inch water main will be equipped with fire hydrants so that each home along the alignment will be within 1,000 feet of a fire hydrant. We propose to coordinate with the utility companies in the area to locate existing facilities. The design for potable water services along property lines of the alignment will be incorporated in our design scope. We propose to bid the domestic services as an add-alternate in the public bidding process. Connections between the existing public water mains and the proposed main will be incorporated into the design. The professional land survey services included within our scope of work will include locating existing utilities as marked by Bluestake, obtaining existing culture along the alignment including driveways and existing vegetation, and centerline of pavement grade information. We propose to provide these design services, including plans, specifications, and contract documents for public bid, for a lump sum fee of$22,800. CONSTRUCTION PERIOD SERVICES It is our understanding that there are four individual projects that will be included within the OV-1 Priority 'B' and `C' Improvements. It is our assumption that all four projects will be included into one set of bid documents to be awarded to one contractor. For the purposes of the development of this scope of work it is our estimate that the construction period from Notice to Proceed, to Final Acceptance will be approximately 90 calendar days. Our scope of work is defined by each individual task component. The professional service activities listed for each component are based upon the expected level of WestLand staff effort required to effectively manage and inspect the projects. Our detailed scope of services is listed as follows: • CONTRACT ADMINISTRATION AND PROJECT MANAGEMENT Our scope of services for this project is based upon our experience in implementing projects for the Oro Valley Water Utility(OVWU), meetings with OVWU staff regarding expected levels of effort for project management,and the new requirements of the Pima County Department of Environmental Quality(PCDEQ) for inspection. We have Q,Proposals\585.00 OV-I Improv Priority rev prop doc Mr. Robert Jacklitch February 18,2000 Page 3 broken down the expected level staff effort for these services by task for appropriate personnel. These efforts are listed in tabular form as follows: Staff Work Effort Matrix Project Project Project Manager Engineer Inspector Administration Task Identification (Hours) (Hours)._ (Hours) (Hours) Public Coordination and Meetings 10 10 1 Pre-Bid Meeting 2 2 1 Issue Addenda(If Required) 1 5 1 Bid Related Q&A 2 15 Bid Opening 1 2 Bid Tabulations 2 _ Council Communications 2 2 1 Issue Notice of Award 2 1 Pre-Construction Meeting 2 2 2 1 Issue Notice to Proceed 2 1 Review Submittals 5 5 Weekly Construction Meetings _ _ 32 32 15 Technical Resolutions - — _—_ 40 40 j 5 Pay Request Evaluations(Written Tech. j Memo) - _ 20 20 -----4-- -- - Final Walk Through 5 + 5 'AS Constructed' Drawings 20 I 20 Engineers Certificate of Completion — 2 5 10 1 Final PCDEQ Submittal 1 _ I5 1 Sub-Total 23 173 139 33 Our standard billing rates for the staff member classifications shown above are listed within our attached standard billing rates. Using the staff requirements shown above, our gee is estimated to be $23,160. Using this information we propose to provide these services on a time and materials basis with a budget of$24,000. This budget number includes reimbursable items such as reproductions and mileage. CONSTRUCTION INSPECTION Based upon the new requirements of the PCDEQ, detailed construction inspection activities are required that are necessary for an engineer registered in the State of Arizona to seal an Engineers' Certificate of Completion. This requirement dictates that the engineer, or an individual working under the direction of the engineer, inspects the projects. Based on these requirements, we project that a project inspector will be required on-site approximately 20 hours per week during construction. We also anticipate that a Project Engineer will be required to spend approximately five Q Proposals\585.00 OV-1 Improv Priority rev prop.doc Mr.Robert Jacklitch February 18, 2000 Page 4 hours per week to make periodic site visits for technical resolutions. This level of effort includes the following construction-inspection related items: • Verification of On-site Materials. • Maintenance of Daily Inspection Logs. • Verification of Quantities. • Verification of Traffic Control Equipment On-site. • Verification of Chlorinating Techniques and Residuals. • Verification of Pressure Testing Procedures and Results. • Stand-by for System Tie-ins. • Coordination of System Outages(if applicable). • Verification of System Flushing Procedures and Effectiveness. Based upon 20 hours per week for a construction inspector and five hours per week for a project engineer, and our standard billing rates for the required staff, we anticipate the fee for these services will be approximately $19,500. Based upon these staffing levels, we propose to provide these services on a time and materials basis with a budget of $22,000. This fee also includes an additional budget for reimbursable items such as reproductions and mileage. If you find the scope of services and costs described herein to be acceptable, please sign and return both copies of the attached contract to our office. We will sign both copies upon receipt and return one fully executed copy to you for your file. We appreciate the opportunity to provide this proposal to your office, and hope to continue our working relationship with the OVWU. If you have any questions regarding our scope of services or if you need additional information, please call me. Respectfully, WestLand Resources,Inc. Thomas A.Martinez,P.E. Project Manager TAM:be Attachment: Contract Billing Rate Schedule cc: Mark Taylor, WestLand YACKO`,ADMIN\Proposals\585.00 OV-1 Improv Priority rev prop doc 0.4,0"--. • WestLand Resources, inc. Engineering and Environmental Consultants BILLING RATE SCHEDULE Personnel Classification Rate Principal $ 95.00 Scientist 5/ Environmental Specialist 5/ Engineer 5 $ 85.00 Scientist 4/ Environmental Specialist 4/ Engineer 4 $ 75.00 Scientist 3 / Environmental Specialist 3 / Engineer 3 $ 65.00 Scientist 2/ Environmental Specialist 2/ Engineer 2 $ 55.00 Scientist 1 / Environmental Specialist 1 / Engineer 1 $ 45.00 Designer 2 $ 65.00 Designer 1 $ 55.00 Drafter 2 $ 45.00 Drafter 1 $ 35.00 Senior Field Inspector $ 65.00 Senior Field Technician $ 62.50 Field Research Technician 2 $ 42.50 Field Research Technician 1 $ 32.50 Technical Editor $ 45.00 Contract Administrator $ 40.00 Secretary/Word Processor 2 $ 38.00 Secretary/Word Processor 1 $ 30.00 CONTRACT FOR PROFESSIONAL SERVICES OV--1 Improvement Priorities 'B'and 'C'Design and Construction Period Services This Agreement entered into between WestLand Resources,Inc. (WestLand)and Oro Valley Water Utility(CLIENT) authorizes WestLand to complete the scope of services outlined in the Scope of Services described below. I. SCOPE OF SERVICES WestLand will provide the following scope of services. PROJECT No. 1: OV-1 PRIORITY'B'-EGLESTON DRIVE 8-INCH'D'ZONE.MAIN EXTENSION The Egleston Drive main extension will consist of the design of approximately 1,900 lineal feet(10 of 8-inch'D'Zcne water main. The proposed main will connect on the north to the existing 8-inch'D' Zone water main on Egleston Drive, located adjacent to the portable buildings for CDC)High School, approximately 1,50( feet north of Calle Concordia. The main extension will connect on the south to the existing 8-inch water main in front of Dennis Weaver Park. Our services will include an investigation of the existing rights-of-way (ROW), property ownership research along the proposed:alignment, and coordination with existing utilities. Ad lit ona ly, we propose to provide professional land survey services, including locating existing utilities as market. by Bluestake, picking tip existing culture along the alignment,provide topographic data to determine elevations foi the project.,and provide horizontal control for layoat of the project. We propose to provide these design services, including plans,specifications,and contract documents for public bid, for a lump sum fee of$11,175. PROJECT NO.2: OV-1 PRIORITY 'B' CALLE LOM.A LINDA 8-INH'C'ZONE MAIN EXT ,NSION The Calle Lonia Linda'C'Zone main extension will consist of the design of appro-.4>,_1 u tele;9001f of 8-inch'C'Zone main. he main is proposed to be located within the Calle Loma Linda ROW. The proposed main will connect on the north to an existing 8-inch'C'Zone main at Linda V tsta Boulevard. 'The main will conne.con the south to an existing 8-inch •C' Zone water mats. located at Calle Loma Linda. On' services will include an in esitgatiorl of the existing ROWS, property ownership research along the proposed alignment, and coordination with ey.isting,oth-ties. Additionally, we propose to provide professional land survey services,including locating exisnnig utilities as marked by Bluestake,p:cki.ig up existing culture along the alignment,provide topographic data to determine elevations for the project, and provide horizontal control for layout of the project.We propose to provide these design services,including plans,specifications, and contract documents for public bid, for a lump sum fee of$5,700. PROJECT No.3: OV-1 PRIORITY'C'-8-INCH'C'ZONE MAIN EXTENSION ALONG GREENOCK DRIVE AND GOLF VIEW DRIVE FROM ROMA DRIVE TO CALLE LOMA LINDA This project will consist of approximately 7,300 lf of 8-inch watei rriam to be constructed within the existing ROW of the above-referenced alignment. The 8-inch water main will be equipped with fire hydrants so that each home along the alignment will be within 1,000 feet of a file hydrant. We propose to coordinate with the utility companies in the area to locate existing facilities and design domestic services for connections along the proposed alignment. We propose to bid the domestic services as an add-alternate in the public bidding process.Connections between the existing water mains and the proposed main will be incorporated into the design. The professional land survey services included within our scope of work will include locating existing utilities as marked by Bluestake, obtaining existing culture along the alignment, including driveways and existing vegetation, and centerline of pavement grade information.We propose to provide these design services, including pians; specifications,and contract documents for public bid, for a lump sum fee of$31,000. PROJECT No.4: OVA PRIORITY'C'-VALLE DEL ORO 8-INCH'C'MAIN EXTENSION We propose to connect to the newly constructed 8-inch water main in Valle del Oro Road at Desert Sky adjacent to the existing clubhouse for the Oro Valley Country Club. The proposed 8-inch main will extend approximately 4,800 lf west YAC KO\ADMIN\Proposals\585.00 OV-1 Improv Priority rev cont.doc Page 1 of 6 along the Valle del Oro ROW and connect into the existing 8-inch water main in Calle Loma.Linda. The 8-inch water main is proposed to be located within the existing ROW of the above-referenced alignment. The 8-inch water main will be equipped with fire hydrants so that each home along the alignment will be within 1,000 feet of a fire hydrant. We propose to coordinate with the utility companies in the area to locate existing facilities. The design for potable water services along property lines of the alignment will be incorporated in our design scope. We propose to bid the domestic services as an add-alternate in the public bidding process. Connections between the existing public water mains and the . proposed main will be incorporated into the design.The professional land survey services included within our scope of work willinclude locating existing utilities as marked by Bluestake, obtaining existing culture along the alignment including driveways and existing vegetation,and centerline of pavement grade information.We propose to provide these design services, including plans,specifications,and contract documents for public bid, for a lump sum-7ee of$22,800. Construction Period Services It is our understanding that there are four individual projects that will be included within the OV-1 P--iority'B'and 'C' Improvements. It is our assumption that all four projects will be included into one set of bid documents to be awarded to one contractor. For the purposes of the development of this scope of work;t is our estimate that the construction. period from Notice to Proceed, to Final Acceptance will be approximately 90 calendar days. Our scope of work is defined by each individual task component. The professional service activities listed for each component are based upon the expected level of WestLand staff effort required to effective&manage and inspect the projects. Our detailed scope of services is listed as follows: Contract Administration And Project Management Our scope of services for this project is based upon our experience in implementing projects for the Oro Valley Water Utility(OVWU),meetings with OVWU staff regarding expected levels of effort for project management, and the new requirements of the Pima County Department of Environmental Quality(PCDEQ)for inspection. We have broken down the expected level staff effort for these services by task for appropriate personnel These efforts are listed in tabular form as follows: • • Staff Work Effort Matrix • • Project • Project Project Manager Engineer Inspector Administration Task Identification (Hours) (Hours) i (Hours) i (Hours) Public Coordir_at'on and Meetings I0 10 [ _ 1 Pre-Bid Meeting 2 2 1 Issue Addenda(If Required) 1 5 1 Bid Related Q&A 2 15 Bid Opening 1 2 Bid Tabulations Council Communications 2 2 1 Issue Notice of Award 2 1 Pre-Construction Meeting Issue Notice to Proceed 1 Review Submittals 5 Weekly Construction Meetings 32 32 15 _— Technical Resolutions 40 40 5 Pay Request Evaluations(Written Tech. Memo) 20 20 4 Final Walk Through 5 - s 5 'AS Constructed' Drawings 20 20 Engineers Certificate of Completion 2 5 10 1 Final PCDEQ Submittal 1 2 5 1 Sub-Total 23 173 139 33 Our standard billing rates for the staff member classifications shown above are listed within our attached standard billing rates. Using the staff requirements shown above,our fee is estimated to be$23,160. Using this information we propose to provide these services on a time and materials basis with a budget of $24,000. This budget number includes YACKO`ADMIN\Proposals\585.00 OV-1 Improv Priority rev cont.doc Page 2 of 6 reimbursable items such as reproductions and mileage. Construction Inspection Based upon the new requirements of the PCDEQ, detailed construction inspection activities are required that are necessary for an engineer registered in the State of Arizona to seal an Engineers' Certificate of Completion. This requirement dictates that the engineer,or an individual working under the direction of the engineer,inspects the projects. Based on these requirements,we project that a project inspector will be required on-site approximately 20 hours per week during construction. We also anticipate that a Project Engineer will be required to spend approximately five hours per week to make periodic site visits for technical resolutions. This level of effort includes the following construction-inspection related items: • Verification of On-site Materials. • Maintenance of Daily Inspection Logs. • Verification of Quantities. • Verification of Traffic Control Equipment On-site. • Verification of Chlorinating Techniques and Residuals. • Verification of Pressure Testing Procedures and Results. • Stand-by for System Tie-ins. • Coordination of System Outages(if applicable). • Verification of System Flushing Procedures and Effectiveness. Based upon 20 hours per week for a construction inspector and five hours per week for a project engineer, and our standard billing rates for the required staff,we anticipate the fee for these services will be approximately$19.500. Based upon these staffing levels,we propose to provide these services on a time and materials basis with a budget of$22,000. • This fee also includes an additional budget for reimbursable items such as reproductions and mileage.. II. COSTS: See above Scope of Services. III. TERMS AND CONDITIONS • 1. CLIENT agrees to cooperate in any and every way or manner with WestLand on the services to be perforrned by WestLand as described above. 2. All sketches,drawings,tracings,computation,survey notes,and other original documents are and shall remain the property of WestLand, and CLIENT subject to the requirements of public agencies. 3. All agreements on WestLand's part are contingent upon and subject to the fact that WestLand shall not be responsible for damages or be in default or deemed to be in default by reason of delays in performance by reason of strikes, lockouts,accidents, acts of God,shortages of materials,unavailability of labor at established area wage rates,delays caused by failure of CLIENT or CLIENT's agents to furnish information or to approve or disapprove work promptly,or due to late or slow or faulty performance by CLIENT, or other contractors or governmental agencies,the performance of whose work is precedent to or concurrent with the performance of WestLand's services hereunder and other unavoidable delays or any causes beyond reasonable control of WestLand. In the case of the happening of any such cause of delay, the time of completion shall be extended accordingly. In the event WestLand's services hereunder are not completed within six(6)months from the date of this Agreement,WestLand reserves the right to adjust its fee for the uncompleted portion of its services to reflect any increases of wages,salaries or benefits to be paid by WestLand to its employees in the performance of this Agreement. WestLand shall complete the Scope of Services in accordance with Exhibit A. 4. In the event that any staking is destroyed by an act of God or parties other than WestLand,the cost of restaking shall be paid for by CLIENT. Such cost shall be in addition to the compensation otherwise payable to WestLand hereunder. 5. WestLand makes no representation concerning soil conditions, and has not, unless expressly set forth in the description of the scope of work set forth in this Agreement,undertaken any responsibility to furnish any reports YACKO\ADMIN\Proposals\585.00 OV-1 Improv Priority rev cont doc Page 3 of 6 or to secure performance of tests concerning the character of soils or their suitability for construction. In the event that WestLand agrees to secure performance of soil tests, it is agreed that the service shall be for the convenience of the CLIENT,and WestLand's only obligation shall be to coordinate the performance of soil tests and preparation of soil reports for a soil testing lab, which reports and tests shall be for exclusive use of and dissemination to CLIENT. WestLand shall not be responsible for any claims,liabilities or damages which arise or are alleged to arise out of the making or failure to make soil surveys,compaction tests,or other subsurface soil tests of any kind or nature. 6. WestLand's responsibility in performing this contract is limited solely to the scope of services to be performed by WestLand as expressly set forth in this contract,and WestLand,its agents and/or employees shall have no liability of any kind to the CLIENT or to any construction contractor or subcontractor or any person having contractual relationships with them for any actions, errors and/or omissions of WestLand, its agents and/or employees which are not within the scope of the services to be performed by WestLand Additional services requested by the CLIENT shall be covered by letter or memorandum and constitute an addendum to the Agreement. 7. CLIENT agrees that the liability of WestLand,its agents and employees,in connection with services hereunder to the CLIENT and to all persons having contractual relationships with them,resulting from any negligent acts, errors and/or omissions of WestLand, it agents and/or employees is limited to the total fees actually paid by the CLIENT to WestLand for services rendered by WestLand hereunder. 8. No conditions or representation altering, detracting from or adding to the terms hereof shall be valid unless printed or written hereon or evidenced in writing by either party to this Agreement and accepted in writing by the other. 9. The CLIENT agrees that, in accordance with generally accepted construction practices, the construction contractor will be required to assume sole and complete responsibility for job site conditions during the course of construction of the project, including, without limitation, prosecution and of work and the safety of all persons and property and that this requirements shall be made to apply continuously and not be limited to normal working hours. CLIENT further agrees to defend, indemnify and hold WestLand harmless from any and all liability, real or alleged, in connection with the performance of work on the project. 10. CLIENT shall pay the cost of all expenses incurred or to be incurred by WestLand directly or indirectly in connection with the project for: transportation of subsistence incidental thereto: obtaining bids or proposals from contractors; toll telephone calls and telegrams; and all charges to be paid or incurred for fees,permits, bond premiums, title company charges, delivery charges, blueprints and reproduction of reports, drawings, specifications and all other charges and expenses not specifiable itemized in this paragraph, but which are reasonably necessary to the proper completion of the services hereby covered. In the event such reimbursable items are paid directly by WestLand,then CLIENT shall be obligated to reimburse WestLand,therefore,and such charges and expenses shall be invoiced by WestLand to CLIENT at direct cost,plus fifteen percent(15%) for handling. 11. Invoices will be issued monthly,are due and payable upon receipt and are delinquent thirty(30)days after the invoice date. When an invoice becomes delinquent,WestLand may,at its option suspend or stop performance hereunder until such time as all delinquent invoices,together with accrued late charges,attorneys'fees,litigation or collection expenses, whether taxable or not, shall have been paid. If an invoice remains delinquent for a period of thirty(30)days, WestLand may, at its option,terminate this Agreement by giving written notice of its termination to the CLIENT. Termination shall take effect on the date of the notice of termination. In the event of termination under the provisions of this paragraph, WestLand shall be entitled to payment for all services rendered and costs incurred hereunder to the date of termination and to recovery of all expenses which are attributable to said termination or described in paragraph 18 hereof. 12. CLIENT shall promptly review invoices and reasonably notify WestLand of any objection thereto. 13. If invoices are not paid in full prior to delinquency,CLIENT agrees to pay a late change on the unpaid amount at a monthly rate equivalent to the prime lending rate then being charged by Bank of Arizona, plus four(4) percentage points, said late charge to accrue from the date on which each such invoice becomes delinquent. ,YACKO\ADMIN\Proposals,585.00 OV-1 lmprov Priority rev cont doc Page 4 of 6 WestLand reserves the right to increase or reduce the late charge rate by giving written notice to CLIENT. Notice of any such increase or reduction shall become effective thirty(30)days following the date of the notice. All payments received by WestLand shall first be credited to payment of any late charges and then to the principal balance. 14. In the event any term or provision of this agreement is held to be invalid or unenforceable,the validity of the other provisions hereof shall not be affected,and this agreement shall be construed and enforced as if it did not contain the particular term or provision held invalid or unenforceable. 15. In the event of a conflict or dispute as to the interpretation,application or implementation of this agreement, either party shall have the right to submit the conflict or dispute to arbitration in accordance with the Construction Industry Rules of the American Arbitration Association in effect at the time of submission of the dispute. 16. In the event of a change of rule,regulation or policy by any governmental agency or agencies after the date of this agreement, which change alters the plans, specifications and/or field work to be prepared or performed hereunder,any additional office or field work required as a result of such change shall be deemed additional services, shall be payable by CLIENT, and shall be invoiced and paid for as provided hei ein. 17. Upon written request,each of the parties hereto shall execute and deliver or cause to be executed and delivered such additional instruments and documents as may be necessary and proper to carry out the terms of this agreement. 18. Should litigation be necessary to enforce any term or provision of this agreement, then all litigation and collection expenses,including,without limitation,witness fees,court costs,attorneys'fees and other expenses, whether taxable or not,shall be paid to the prevailing party. 19. This agreement binds WestLand and CLIENT and their successors,assigns and partners. Neither party shall assign, sublet or transfer his interests,rights or obligations in this agreement without the prior written consent of the other party hereto. 20. This agreement shall be construed and enforceCi in accordance with the laws of the State of Arizona. Any action arising out of this agreement shall be brought in theSuperior Court of Arizona, for Pima County. 21. This agreement sets forth the entire agreement of CLIENT and WestLand with respect to the services to be performed hereunder. There are no understandings or agreements except as expressly stated herein. 22. CLIENT may terminate this agreement at any time without cause upon delivery,during normal business hours, of written notice to that effect to the other, in which event this Agreement shall terminate 24 hours after the delivery of such notice. If the CLIENT terminates this Agreement, CLIENT shall pay WestLand for any expenses incurred up to the time of termination. 23. Any waiver at any time by either PARTY of its rights with respect to a default under this Agreement,or with respect to any other matters arising in connection with the Agreement,shall not be deemed a waiver with respect to any subsequent default or other matter. 24. All notices, requests, demands or other communications required or permitted to be given hereunder to WestLand shall be delivered to WestLand at 2343 E.Broadway Boulevard,Suite 202,Tucson,Arizona. 85719. All notices, requests, demands or other communications required or permitted to be given hereunder to the CLIENT shall be delivered to the Address set forth below the CLIENT'S signature on this Agreement. YACKO\ADMIN\Proposals\585 00 OV-I Improv Priority rev cont doc Page 5 of 6 IN WITNESS WHEREOF,the parties hereto have executed this Agreement this day of ,20 Oro Valley Water Utility WestLand Resources,Inc. Signature: _ Signature: Name: _ Name: Title: Title: Principal Street Address: City, State,Zip: Telephone Fax No • YACKO\ADMIN\Proposals\585 00 OV-1 Improv Priority rev cont.doc Page 6 of 6 Y" ' TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: April 5, 2000 TO: HONORABLE MAYOR& COUNCIL FROM: Robert Jacklitch Project Manager, Oro Valley Water Utility SUBJECT: Resolution No. (R)00- 31 A Resolution of the Town of Oro Valley, Pima County, Arizona Authorizing Approving A roving a Contract with Brown and Caldwell for Engineering Design and Construction Period Services for RV Well No. 2 and Well No. 3 Replacement. SUMMARY: This project provides professional engineering design and construction period services to replace well RV2 and RV3. TheJ ro'ects are identified in the 1999-2000 Annual Budget. However, the budget indicates RV Well p No.2 designonlyand RV Well No. 3 both design and construction for a total of$360,000.00. Construction of the wells will not takep lace until next fiscal year where appropriate funds will be budgeted. Staff has conservatively estimated cost savings of 20% for engineering and 10% for construction when both are included in one contract. The engineering design and construction period services are: Task 1, well installation: permitting and technical documentation. Task 2, construction services: pilot hole evaluation,well design and installation inspection. Task 3, post construction services: pump discharge test, aquifer analysis, and well report. Task 4, design development: project initiation, coordinate with TEP. Task 5, preliminary design: site layout, submittal. Task 6, final design: site survey, geotechnical investigation, construction documents, and submittals. Task 7, bid services: pre-bid meeting. Task 8, construction services: shop drawing submittals, meetings, payment applications, estimating, reporting, change orders, inspection activities, material testing, operation/startup training, as-built drawings. The Oro Valley Water Utility (OVWU) requested Statement of Qualification from multiple engineering firms. The OVWU staff rated the firm's capabilities on project understanding, approach, project team and firms capabilities. Staff selected Brown and Caldwell and negotiated a contract for $231,366.00 for professional engineering design and construction period services. Design Services: $148,320.00 (Lump Sum) Construction Services: $ 83,046.00 (T&M, Not to Exceed) TOTAL: $231,366.00 FISCAL IMPACT: Funds for this project were approved in the 1999-2000 Annual Budget. RECOMMENDATIONS: Staff respectfully recommends award of this contact to Brown and Caldwell through the adoption of the attached resolution. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 ATTACHMENTS: 1. Resolution No. (R)00-31 2. Brown and Caldwell proposal March 7, 2000. SUGGESTED MOTION: The Mayor and Council may wish to consider one of the following motions:. I move to approve RESOLUTION NO.(R) 00-31 Authorizing and Approving a Contract with Brown and Caldwell for Engineering Design and Construction Period Services for RV Well No.2 and Well No. 3 Replacement. Or I move to azA , FILO •j-. Ma ager I . I -n • ; ater Uti *ty Di i= tor AA A' "own Manager RESOLUTION NO. (R) 00- 31 A RESOLUTION OF THE TOWN OF ORO VALLEY, PIMA COUNTY, ARIZONA AUTHORIZING AND APPROVING A CONTRACT WITH BROWN AND CALDWELL FOR ENGINEERING DESIGN AND CONSTRUCTION PERIOD SERVICES FOR RV WELL NO. 2 AND WELL NO. 3 REPLACEMENT. WHEREAS, 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 the rights, privileges and benefits and entitled to the immunities and exemptions granted municipalities and political subdivision under the Constitution and laws of the State of Arizona and the United States; and WHEREAS, TOWN OF ORO VALLEY now finds it necessary to award a contract to Brown and Caldwell. for Engineering Design and Construction Period Services for RV Well No. 2 and Well No.3 Replacement. WHEREAS, TOWN OF ORO VALLEY has the project funds available from the 1999- 2000 annual budget; and NOW, THEREFORE, BE IT RESOLVED BY THE ORO VALLEY MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY: 1. That the attached contract is hereby approved. 2. That the Mayor of the Town of Oro Valley is hereby authorized to sign the attached contract. PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Pima County, Arizona this 5th day of April , 2000. Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn Cuvelier, Town Clerk Dan L. Dudley, Town Attorney Town of OroValley Rancho Vistoso Well Numbers 2 and 3 Scope of Work The proposed scope of work for this project is divided into two phases. Phase 1 is the well installation services to be provided to replace Rancho Vistoso Well No. 2. Phase 2 is the well outfitting services to be provided at both Rancho Vistoso Well Nos. 2 and 3. The specific scope of work for each phase is detailed in the following sections. Phase I Well Installation The well installation phase of the project consists of the permitting, preparation of technical specifications, bid, construction, and post-construction services. The scope of work to replace Rancho Vistoso Well No. 2 is identical to those services currently being performed by Brown and Caldwell for the replacement of Rancho Vistoso Well No. 3. It is our understanding that both wells will be drilled under two separate well drilling contracts due to time constraints. Because Brown and Caldwell has prepared similar permitting and technical documents to replace Rancho Vistoso Well No. 3, over a 50 percent cost savings will be realized for Task 1.0—Pre-Construction Services. The scope of work includes the following assumptions: • Permitting and technical documents to replace Rancho Vistoso Well No. 3 will form the basis of similar documents to be prepared for Rancho Vistoso Well No. 2. • Location of proposed well site will not be modified during the well impact/well spacing analysis for well permitting. • The scope does not include drilling, geophysical surveys, furnishing test pump equipment, video surveys, and analytical laboratory costs. • Three days to drill pilot hole of the replacement well. • Three days for well construction plus 1.5 days for well development. The services to be provided are as follows: Task 1.0 Pre-Construction Services Subtask 1.1 Permits Acquisition and Regulatory Approval. Permit acquisition and regulatory approval will include filing applications to drill a replacement service area well within an Active Management Area as required by ADWR. Also included and to be filed with the application is a well impact/well spacing study to maximize the allowable annual production rate of the replacement well.This study is not required for a replacement well permit, but without the study the allowable annual production rate will be limited to an annual withdrawal rate calculated from the historical capacity of the existing well and a 50 percent duty cycle. Based on available information, it is anticipated the production capacity of a properly designed replacement well will most likely be significantly greater than the capacity of the existing well. Subtask 1.2 Technical Specifications Preparation. The technical specifications will detail the specific methods and materials to be used by the selected well construction contractor in the drilling, installation, and testing of the replacement well. The detailed and concise language will provide project control for the Town and minimize the risk of contractual disputes or unacceptable work from the contractor. Specific elements of the technical specifications will be based on anticipated hydrogeologic conditions. P:\GENT\ABLIN\Oro Valley\Scope_of work.doc Page 1 of 7 Brown and Caldwell 03/07/00 Town of OroValley Rancho Vistoso Well Numbers 2 and 3 Subtask 1.3 Bid Services. Bid services will include providing assistance to Oro Valley, as needed, to answer bidder questions during the contractor selection process. Brown and Caldwell personnel will attend pre-bid and pre-construction conferences to respond to any technical questions of bidders. Brown and Caldwell will also review the contractor bid submittals for arithmetic errors, evaluate unit costs, and prepare a bid tabulation. Brown and Caldwell will provide a recommendation of the lowest, responsive, and responsible bidder to the Oro Valley Water Utility. Task 2.0 Construction Services Subtask 2.1 Pilot Hole Evaluation. The pilot hole of the replacement well will be evaluated to access the local hydrogeologic conditions. After the pilot hole has been drilled to its total depth, a Brown and Caldwell hydrologist will evaluate the drilled cuttings from each 10-foot interval of the pilot hole and prepare a lithologic log describing the geologic material penetrated by the boring. Samples of the drilled cuttings will be collected in specially designed plastic "chip tray" containers, which will be provided to the Town for archival purposes. Drilled cuttings from selected intervals of the borehole will be submitted for sieve analysis by a geotechnical laboratory. Furthermore, the penetration rate of pilot hole drilling monitored by the contractor will also be analyzed to aid in assessing the local hydrogeologic conditions. Brown and Caldwell will also oversee the geophysical survey of the pilot hole if conducted. The geophysical surveys can provide information of the small-scale variations of the local lithology. Subtask 2.2 Well Design Modifications. Based on the assessment of the local hydrogeologic conditions, Brown and Caldwell hydrologists will modify the pre-bid well design by determining the proper well screen slot size and filter pack grain size that will prevent sand invasion during pumping, while providing for maximum water production and efficiency of the well. The portion of the aquifer with the greatest groundwater production potential will be optimized by the final well design. Subtask 2.3 Well Installation Inspection. Brown and Caldwell will provide inspection of well construction on a 24-hour, 7-day per week basis. Continuous inspection of the casing, screen, and annulus material installation will provide assurance the well installation is conducted in compliance with the materials and construction standards specified. Brown and Caldwell personnel will document all construction materials, installation techniques, and well development techniques via pipe tallies,cement grout records, development records, etc. Samples of the filter pack material and cement grout will be collected and submitted to the Oro Valley Water Utility for archival purposes, and detailed record drawings of the production well will be prepared for inclusion in the Final Well Construction Reports (Task 3.3). Brown and Caldwell has allocated 80 hours for field personnel to provide "round-the-clock" inspection of well installation. A Brown and Caldwell hydrologist will also perform"spot" check inspection of well development to assure that the well development is conducted in compliance with the specified construction standards and local aquifer conditions. A video survey of the replacement well will be performed by the contractor after installation is complete to document the condition of the well at the time of its construction. Brown and Caldwell will provide inspection of the final video survey to assure acceptable clarity and integrity of the video. We will prepare a video survey log to document the content of the final video. Task 3.0 Post-Construction Services Subtask 3.1 Step-Rate Discharge Testing and Analysis. Brown and Caldwell will supervise a 10-hour, step-rate discharge pump test to evaluate the overall well performance as a baseline for operational and maintenance considerations. The analyses of the step-rate pump test will provide P:\GEN 1\ABLIN\Oro Valley\Scope_of work.doc Page 2 of 7 Brown and Caldwell 03/07/00 • Town of OroValley Rancho Vistoso Well Numbers 2 and 3 the critical production rate and hydraulic head information that will ultimately be required to design the permanent pump equipment for the well. It will also enable us to determine the efficiency of the new well, the well's specific capacity, and optimum water production rate. Subtask 3.2 Aquifer Test Analysis. Brown and Caldwell will supervise a 24-hour, constant-rate aquifer test for the well to determine the local aquifer hydraulic characteristics. These hydraulic characteristics can be applied to groundwater flow equations to predict future groundwater conditions associated with future production and artificial recharge. Subtask 3.3 Final Well Construction Report Preparation. The Final Well Construction Report will include clear descriptions of the well drilling and installation process, as well as basic data such as pipe tallies, grout records, penetration rate log, the lithologic log, and final video log. The report format utilized by Brown and Caldwell will provide comprehensive documentation of the well installation. The report will also include Brown and Caldwell's recommendations of the optimum pumping rate and pump setting, and detailed record drawing of the replacement well. Phase 2 Well Outfittin' and Pi 'eline Installation The well outfitting and pipeline design will consists of the design, preparation of contract documents, and construction services for Rancho Vistoso Well Nos. 2 and 3 and the associated 12-inch supply pipelines to Rancho Vistoso Water Plant Number 1. The project will include the following major facility components at the well site: • Vertical turbine well pump and motor. • Well discharge piping, valves, propeller flow meter, hydropneumatic tank, and appurtenances to connect to the water transmission line. • Approximately 5,000 linear feet of supply pipeline to Rancho Vistoso Water Plant Number 1. • Perimeter wall. • Electrical power supply equipment including service entrance, transformer, power monitoring and controls, and equipment to permit the connection of portable standby power. • Instrumentation and pump controls including coordination with the Utilities SCADA system. • Site features including site grading, electrical and instrumentation equipment housing, and vehicle access. • An initial investigation detailing the location of the floodplain and the need for a 404 permit will be conducted. However, the cost for preparing and submitting the permit has not been included. • No architectural or landscaping services are to be provided. The services to be provided are as follows: Task 4.0 Design Development Subtask 4.1 Kick-Off Meeting. A kickoff meeting with representatives from Brown and Caldwell and Oro Valley will be conducted at project initiation. The following will be accomplished: • Introduce key team members • Establish lines of communication P:\GEN 1\ABLIN\Oro Valley\Scope_of_work.doc Page 3 of 7 Brown and Caldwell 03/07/00 Town of OroValley Rancho Vistoso Well Numbers 2 and 3 • Review the project scope and schedule • Identify specific goals and expectations • Identify key issues affecting project development • Request background information • Discuss and identify preferred system operation, equipment, and suppliers for the civil, mechanical, electrical, instrumentation, and control equipment • Prepare and distribute meeting minutes to the attendees prepared by Brown and Caldwell. Subtask 4.2 Data Collection and Review. Collect and review background information including: • Site legal description (Provided by Oro Valley) • Representative construction documents detailing the preferred well site features and arrangements (Provided by Oro Valley) • Town of Oro Valley standards and review requirements (Provided by Oro Valley) • Pima County Department of Environmental Quality requirements • Buried utility maps Subtask 4.3 Electrical Agency Coordination. Conduct an initial meeting with Tucson Electric Power(TEP) to review the project and identify the project specific power requirements. Off-site electrical design and the preparation of construction documents will be conducted by TEP. Brown and Caldwell will review these documents and conduct up to one additional meeting with TEP to coordinate the design efforts. Task 5.0 Preliminary Design Subtask 5.1 Conceptual Site Layout and Pipeline Alignment. Develop conceptual site layout and pipeline alignments for each well site. The sites will include sufficient detail to accurately depict the well site layout, pipe lay-down storage areas, major equipment, right-of-way, perimeter walls, site access, and connections to the existing water transmission mains. A brief memo will be submitted with the conceptual layout to identify the key equipment manufacturers, system operation, and other design criteria. Subtask 5.2 Site Layout Submittal and Review Meeting. Each site layout will be submitted to the Town of Oro Valley for review and comment. One review meeting will be conducted as required to discuss all review comments. Task 6.0 Final Design Subtask 6.1 Site Surveys. Conduct topographic site surveys for the two well sites and the selected pipe alignments. Information collected will include all surface features and existing utilities. The survey will be used as the base for developing the Construction Documents. Subtask 6.2 Geotechnical Investigation. Conduct on site geotechnical investigation services to identify the subsurface soil conditions, recommendations for earthwork, soil corrosiveness, and recommendations for pipeline and structures backfill. Up to four(4) borings will be conducted. Subtask 6.3 90 Percent Construction Documents. The preliminary site layout submittal, including any revisions, will be incorporated into the 90 percent construction documents including plans, specifications, and construction cost estimate. The documents will be prepared in sufficient detail for Pima County and Oro Valley review. P:\GEN 1\ABLIN\Oro Valley\Scope_of_work.doc Page 4 of 7 Brown and Caldwell 03/07/00 Town of OroValley Rancho Vistoso Well Numbers 2 and 3 Subtask 6.4 Oro Valley and Pima County Submittals. Three copies of the Construction Documents will be submitted to Oro Valley including the plans, specifications, and construction cost estimate. Two copies of the Construction Documents will be provided to Pima County for approval. One review meeting will be conducted with each agency to identify any comments. Subtask 6.5 Final Submittal. After receiving all review comments, the final plans and specifications will be prepared. One set of reproducible drawings and specifications will be provided to the client. Task 7.0 Bid Services Subtask 7.1 Pre-Bid Conference. Attend the pre-bid conference to answer bidder questions pertaining to the Contract Documents. Subtask 7.2 Questions. Receive and respond to bidder inquires after the pre-bid conference. Subtask 7.3 Addenda. Prepare addenda required to clarify or modify the Contract Documents. Task 8.0 Construction Services Subtask 8.1 Construction Period Services. These services will include the office engineering required during construction including reviewing shop drawings submittals, responding to contractor request for information, and review of Operation and Maintenance materials. Subtask 8.2 Pre-construction and Bi-Weekly Construction Meetings. The Construction Manager will schedule,conduct, and document the construction progress meetings. This will include: • Creating and distributing meeting agendas to address progress to date, schedule impacts, cost to date, change orders, special inspection requirements, and job site safety. • Preparing and distributing meeting minutes including a list action items, due dates, and action item responsibility to provide a record of participation by all parties. Subtask 8.3 Payment Application Review and Recommendation. The Construction Manager will review monthly payment applications presented by the General Contractor to verify accuracy of the application and make recommendations to the Client based on this review. Subtask 8.4 Estimating. The Construction Manager will provide estimating services for changes in construction scope caused by unforeseen conditions, permit requirements, or Client requested changes during construction. These estimates will be provided to verify cost of proposals submitted by the General Contractor for these changes. Subtask 8.5 Monthly Reports. The Construction Manager will author monthly reports for the Client that will be a compilation and summary of Inspector's reports, and will contain management information which will include a change order log, request for information log, most current construction schedule, possible schedule impacts, and report on any quality assurance issues. Subtask 8.6 Change Order Review, Processing, and Tracking. All change orders will be reviewed by the Construction Manager to determine validity, estimated cost, schedule impact, and completeness, and a recommendation to accept or deny will be forwarded to the Client after the review is complete. P:\GEN 1\ABLIN\Oro Valley\Scope_of_work.doc Page 5 of 7 Brown and Caldwell 03/07/00 Town of OroValley Rancho Vistoso Well Numbers 2 and 3 Subtask 8.7 Inspection. During the course of construction the Consultant shall provide competent onsite construction inspection to ensure the construction conforms to the construction documents. The type of inspection required will be determined by the Construction Manager and shall be coincident with the type of construction in progress. The Inspectors will generate inspection reports documenting weather conditions, number of personnel on site, construction equipment on site, equipment deliveries, construction activities observed during the inspection, any issues discovered which are or might impact the schedule or affect the construction budget. Subtask 8.8 Material Testing. The Consultant will provide engineering review of all test results supplied by the General Contractor to the Client, and will document any discrepancies and forward review comments to the Client, Construction Manager, and construction files. Subtask 8.9 Document Control and Filing System. The Project Coordinator will provide clerical functions, i.e., typing, filing, and mailing required on the project to maintain a set of project files that will be submitted to the Client upon final completion of construction. Subtask 8.10 Punchlist Generation and Mangement. The Construction Manager along with the discipline (civil, structural, mechanical, electrical) Construction Inspectors will generate a punchlist at substantial completion and distribute the list to the Client and General Contractor. After generation the Construction Manager will monitor and record the General Contractor's progress in remedying all punchlist items and manage the process through Final Completion. Subtask 8.10 Operations and Startup. The Operations Specialist (OS) will provide one day of on site systems operation training for the Client's personnel. This person will also observe and assist with component testing and system startup for a period of two days and will review Operations and Maintenance manual submissions from the General Contractor for completeness. The OS will organize the manual, generate a equipment maintenance matrix consisting of system components, maintenance frequency, type of maintenance required, and reference the appropriate manuals. The Operations Specialist will also generate start up and shut down procedures for the systems that will be presented during the training session. Subtask 8.11 Record Drawings/As-Builts. Prepare record drawings based on information provided by the Contractor. One set of mylars will be submitted to the Town. P:\GEN 1\ABLIN\Oro Valley_\Scope_of_work.doc Page 6 of 7 Brown and Caldwell 03/07/00 Town of OroValley Rancho Vistoso Well Numbers 2 and 3 Fee Breakdown Task No. Description Cost Design Services 1, 2, 3 Well Installation $23,554 4 Design Development $6,544 5 Preliminary Design $10,679 6 Final Design $100,595 7 Bid Services $6,948 Lump Sum Total $148,320 Construction Services 8 Construction Services $83,046 Time and Materials Total,Not to Exceed $83,046 Project Total $231,366 P:\GEN 1\ABLIN\Oro Valley\scope_of_work.doc Page 7 of 7 Brown and Caldwell 03/07/00 03/03/2000 10:14 5205249552 BROWN AND CALDWELL PAGE 02 • Schedule of Hourly Billing Rates lLevel ,,.• Enqineerinc technicalISGle iiHOW Level A Clerk 1 34 Officeworker 1 Level B Assistant Field Service Technician Clerk II 42 Computer Drafting Plotter Operator Officeworker II Data Entry Clerk Project Assistant Drafter Trainee Receptionist 1 Student Trainee I Word Processor I Level C Assistant Drafter 49 Assistant Illustrator Clerk!!! Assistant Scientist Editor\Coordinator Associate Field Service Tech, Librarian Computer Drafting Operator Trainee Officeworker Ill Student Trainee II Senior Project Assistant Records Management Assit. Secretary I Receptionist 11 Telephone Operator Word Processor II Level D Engineering Aide Telecommunications Coord. I Accountant I 59 Inspection Aide Associate Scientist Senior Accounting Clerk Assistant Engineering Tech. Human Resources Analyst Drafter Senior Clerk Computer Drafting Operator Assistant Technical Writer Illustrator Librarian 11 Field Service Technician Supervisor, Mailroom Facilities Supervisor, Reproduction Srvc. Marketing Coordinator Project Coordinator I Secretary Il Receptionist III Supervisor,Switchboard Word Processor III Level E Assistant Engineer Computer Programmer Accountant II 69 Assistant Inspector Telecommunications Coordinator Supervisor,Accounting Asst. Geologist/Hydrogeologlst Administrative Coordinator Scientist I Sen. Human Resources Analyst Assistant Designer Human Resources Administrator{ Associate Engineering Tech. Benefits Administrator Senior Drafter Associate Technical Writer Computer Drafting Senior Operator Community Relations Assistant Senior Illustrator Legal Assistant 1 Senior Field Service Technician Librarian III Senior Marketing Coordinator Project Coordinator II Executive Secretary I Executive Assistant I Word Processor IV Supervisor Word Processing c:\tvcaon office managernent\brown and caldwell personnel rate tabie\1999 rate table.doc 03/03/2000 10:14 5206249552 BROWN AND CALDWELL PAGE 03 Level F Associate Engineer Computer Programmer/Analyst Accountant iii 83 Associate Inspector Assoc.Geologist/Hydrogeologist Administrative Supervisor Scientist Ii Human Resources Representative Designer Area Business Operations Mgr. I Engineering Technician Technical Writer Lead Drafter Legal Assistant II Computer Drafting Lead Operator Contracts Administrator Lead Illustrator Supervisor, Library Services Senior Technical Coordinator Analyst Supervisor,Office Services Business Development Coordinator Senior Project Coordinator Executive Secretary iI Executive Assistant Ii Level G EngineerComputerSystemsAnalyst Anal st Senior Corporate Accountant 97 Inspector Intranet/Internet Support Coord. Manager,Accounting Computer Application Support Coord. Administrative Manager Geologist/Hydrogeologist Area Business Operations Mgr. II Scientist Ill Senior Technical Writer Senior Designer Marketing Support Manager Senior Engineering Technician Supervising Drafter Computer Drafter Supervising Opert. Supervising Illustrator Graphic Designer Level H Senior Engineer Manager,Computer Services Regional Administrative Mgr. 112 Sr. Construction Eng./Inspector Reg. Infor.Sr-vs. &Suppt. Mngr. Area Business Operations Mgr. Ill Senior Geologist/Hydrogeoiogist Communications Manager Senior Scientist Marketing Manager Principal Designer Chief Drafter Level I Principal Engineer IS Project Manager Product Manager 127 Principal Const. Eng.11nspector Principal GeologistlHydrogeologist Regional Bus.Devipmt. Coord. Principal Scientist Supervising Designer Manager,Computer Drafting Level J Supervising Engineer Network and Computer Support Mgr. Corporate Health and Safety Dirctr. 133 Supervising Scientist Marketing Communications Mgr, Supervising Geologist/ Business Development Mgr. Hydrogeoiogist Central Proposal Group Mgr, Chief Designer Level K Managing Engineer Manager,information Systems Controller 146 Managing Geologist/Hydrogeologist Managing Scientist Level L Executive Engineer Manager, information Services Manager, Human Resources 161 Chief Engineer Director, Information Technology Marketing Director Chief Scientist Chief Geologist/Hydrogeologist Level M Executive A.Q. BROWN AN II Effective December 26, 1998 to December 31, 1999 CALDVVEL Note: Hourly base rate ranges are revised annually to reflect changes in actual pay rates. c.\tucson office managernent\broum and caldwell personnel rate trble\1999 rate table doc AGREEMENT FOR CONSULTING SERVICES BETWEEN THE TOWN OF ORO VALLEY WATER UTILITY AND BROWN AND CALDWELL FOR DESIGN AND SITE EQUIPPING OF RANCHO VISTOSO WELL NUMBERS 2 AND 3 THIS AGREEMENT is made and entered into on this day of , 2000 by and between the Town of Oro Valley Water Utility, hereinafter referred to as "Client," and Brown and Caldwell,a California corporation, hereinafter referred to as "Consultant." RECITALS: WHEREAS, Client is authorized to and desires to retain Consultant for the design and site equipping of Rancho Vistoso Well Numbers 2 and;(3 (3 WHEREAS, Consultant has available and offers to provide personnel and facilities necessary to perform the desired services within the required time;and WHEREAS, Client desires to retain Consultant to perform the services in the manner, at the time, and for the compensation set forth herein; NOW,THEREFORE, Client and Consultant agree as follows: 1 I. DESCRIPTION OF PROJECT Client and Consultant agree that Project is as described in Exhibit A, entitled "Description of Project," dated . If, during the course of Project, Client and Consultant agree to changes in Project, such changes shall be incorporated in this Agreement by written amendment. II. SCOPE OF CONSULTANT SERVICES Consultant agrees to perform those services described hereafter. Unless modified in writing by both parties, duties of Consultant shall not be construed to exceed those services specifically set forth herein. A. Basic Services Consultant agrees to perform those basic services described in Exhibit B entitled "Scope of Work," dated (the "Services"). Any tasks not specifically described in Exhibit B are Additional Services. B. Additional Services Client shall pay Consultant all fees and costs incurred in performing Additional Services provided the services were either (a) authorized by Client, or (b) required to be performed due to emergency conditions at the project site. Client will be deemed to p:\wp\orovalley\99648\wells2&3agiTut.doc 2/I 0/00\jw C L-P (June 30,1999) Page 1 of 10 have authorized the Additional Services if Consultant provides Client with notification that the Additional Services will be performed and Client does not object within five (5) working days after notification. Unless otherwise agreed in writing, Additional Services shall be performed in accordance with Consultant's standard billing rates at the time the Additional Services are performed. C. Litigation Assistance Unless specifically stated therein, the Scope of Services does not include assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by Client. All such services required or requested of the Consultant by Client or any third party (except claims between Client and Consultant) will be reimbursed at Consultant's applicable rates for such litigation services. III. RESPONSIBILITIES OF CLIENT In addition to payment for the Services performed under this Agreement, Client shall: 1. Assist and cooperate with Consultant in any manner necessary and within its ability to facilitate Consultant's performance under this Agreement. 2. Designate in writing a person to act as Client's representative with respect to this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define Client's policies, make decisions and execute documents on Client's behalf. 3. Furnish Consultant with all technical data in Client's possession including, but not limited to, maps, surveys, drawings, soils or geotechnical reports, and any other information required by, or useful to, Consultant in performance of its Services under this Agreement. Consultant shall be entitled to rely upon the information supplied by Client. 4. Notify Consultant of any known or potential health or safety hazards existing at or near the project site. 5. Provide access to and/or obtain permission for Consultant to enter upon all property, whether or not owned by Client, as required to perform and complete the Services. 6. If Consultant's scope of work includes services during construction, Client will require the construction contractor to indemnify and hold harmless Consultant,its officers, employees, agents, and consultants against claims, suits, demands, liabilities, losses, damages, and costs, including reasonable attorneys' fees and all other costs of defense, arising out of the performance of the work of the contractor, breach of contract, or willful misconduct of the contractor or its subcontractors, employees, and agents. Client will require the contractor to name Consultant, its directors, officers and employees as additional insureds on the contractor's general liability insurance and/or Owner's and Contractor's Protective policy (OCP), and any builder's risk, or other property insurance purchased by Client or the contractor to protect work in progress or any materials, supplies, or equipment purchased for installation therein. Client will furnish contractor's certificates of insurance evidencing that Consultant, its officers, employees, agents, and consultants are named as additional insureds on contractor's general liability and property insurance applicable to the Project. p:\wp\orovatley\99648\wells2&3agzmt.doc:\2/I0/00\jw CL-P(June 30,1999) Page 2 of 10 Contractor's policies shall be primary and any such insurance carried by the Consultant shall be excess and noncontributory. The certificates shall provide that Consultant be given 30 days' written notice prior to any cancellation thereof. IV. AMERICANS WITH DISABILITIES ACT Any other provision of this Agreement to the contrary notwithstanding, unless otherwise specified in the Scope of Services, Client shall have sole responsibility as between Client and Consultant for compliance with the Americans With Disabilities Act ("ADA") 42 U.S.C. 12101 et. Seq. and the related regulations. V. AUTHORIZATION AND COMPLETION In signing this Agreement, Client grants Consultant specific authorization to proceed with work specified in Exhibit B. The estimated time for completion is within calendar days of the date Consultant receives authorization to proceed with the work from Client. Consultant shall use its best efforts to perform the work specified in Exhibit B within the estimated time. VI. COMPENSATION A. Amount For the Services described in Exhibit B, Client agrees to pay, and Consultant agrees to accept compensation in accordance with Exhibit C. Where Consultant has provided Client with a breakdown of the total compensation into subtasks, such breakdowns are estimates only. Consultant may reallocate compensation between tasks, provided total exceeded without the compensation is not approval of Client. B. Payment As long as Consultant has not defaulted under this Agreement, Client shall pay Consultant within 30 days of the date of Consultant's invoices for services performed and reimbursable expenses incurred under this Agreement. If Client has reason to question or contest any portion of any such invoice, amounts questioned or contested shall be identified and notice given to Consultant, within 15 days of the date of the invoice. Any portion of any invoice not contested shall be deemed to be accepted and approved for payment and shall be paid to Consultant within 30 days of the date of the invoice. Client agrees to cooperate with Consultant in a mutual effort to resolve promptly any contested portions of Consultant's invoices. In the event any uncontested portions of any invoice are not paid within 30 days of the date of Consultant's invoice, interest on the unpaid balance shall accrue beginning with the 31st day at the maximum interest rate permitted by law. VII. RESPONSIBILITY OF CONSULTANT A. Standard of Care Professional Services Subject to the express provisions of the agreed scope of work as to the degree of care, amount of time and expenses to be incurred, and subject to any other limitations p:\wpbrovalley\99648\wells2&3abnnt.doe\2/10/00\jw CL-P(June 30,1999) Page 3 of 10 contained in this Agreement, Consultant shall perform its Services in accordance with generally accepted standards and practices customarily utilized by competent engineering firms in effect at the time Consultant's Services are rendered. Consultant does not expressly or impliedly warrant or guarantee its Services. B. Reliance upon Information Provided by Others If Consultant's performance of services hereunder requires Consultant to rely Y on information provided by other parties (excepting Consultant's subcontractors), Consultant shall not independently verify the validity, completeness, or accuracy of such information unless otherwise expressly engaged to do so in writing by Client. C. Consultant's Opinion of Probable Costs (Cost Estimate) Client acknowledges that construction cost estimates, financial analyses and feasibility projections are subject to many influences including, but not limited to, price of labor and materials, unknown or latent conditions of existing equipment or structures, and time or quality of performance by third parties. Client acknowledges that such influences may not be precisely forecasted and are beyond the control of Consultant and that actual costs incurred may vary substantially from the estimates prepared by Consultant. Consultant does not warrant or guarantee the accuracy of construction or development cost estimates. D. Construction Phase Services 1. Consultant's Activities at Construction Site. The presence of Consultant's personnel at a construction site, whether as ori-site representative, resident engineer, construction manager, or otherwise, does not make Consultant responsible for those duties that belong to Client and/or construction contractors or others, and does not relieve construction contractors or others of their obligations, duties, and responsibilities, including, but not limited to, construction methods, means, techniques, sequences, and procedures necessary for completing all portions of the construction work in accordance with the contract documents, any health or safety programs and precautions required by such construction work, and any compliance with applicable laws and regulations. Any inspection or observation of the contractor's work is solely for the purpose of determining that the work is generally proceeding in conformance with the intent of the project specifications and contract documents. Consultant makes no warranty or guarantee with respect to the performance of a contractor. Consultant has no authority to exercise control over any construction contractor in connection with their work or health or safety programs and precautions. Except to protect Consultant's own personnel and except as may be expressly required elsewhere in the scope of services, Consultant has no duty to inspect, observe, correct, or report on health or safety deficiencies of the construction contractor. 2. Shop Drawing and Submittal Review. If required by Consultant's Scope of Services, Consultant shall review shop drawings or other contractor submittals for general conformance with the intent of the contract documents. Consultant shall not be required to verify dimensions, to engineer contractor's shop drawings or p:\wp1orovaliey199648\wells2&3agnnt.doc\2/10/00\jw CL-P(June 30,1999) Page 4 of 10 submittals, nor to coordinate shop drawings or other submittals with other shop drawings or submittals provided by contractor. 3. Record Drawings. Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the Project was finally constructed. Consultant is not responsible for any errors or omissions in the information from others that are incorporated into the record drawings. VIII. ASSIGNMENT OF TASKS TO AFFILIATES A. If the authorized scope of work includes construction activities or the oversight of construction, Consultant may, at its discretion and upon notice to Client, assign all of its contractual rights and obligations with respect to such activities or services to Brown and Caldwell Constructors, its wholly owned affiliate. B. If the authorized scope of work requires professional services to be performed in a jurisdiction in which Consultant renders professional services solely through a locally registered engineering affiliate for purposes of compliance with professional licensing requirements in that jurisdiction, Consultant may, in its discretion, upon notice to Client, assign its contractual rights and obligations with respect to such activities or services to such locally registered engineering affiliate. IX. ASBESTOS/HAZARDOUS MATERIALS Consultant and Consultant's subcontractors shall have no responsibility\ for the discovery, handling, removal, or disposal of or exposure of persons to asbestos or hazardous or toxic materials that are present in any form at the Project site. Professional services related to or in any way connected with the investigation, detection, abatement, replacement, use, specification, or removal of products, materials, or processes containing asbestos or hazardous or toxic materials are beyond the scope of this Agreement. Client shall be solely responsible for notifying all appropriate governmental agencies, including the potentially effected public, of the existence of any hazardous or toxic materials located on or in the project site at any time. In the event Consultant encounters asbestos or hazardous materials at the jobsite, Consultant may, at its option and without liability for damages, suspend the performance of services on the Project until such time as Client and Consultant mutually agree on an amendment to this Agreement to address the issue, or Client retains another specialist consultant or contractor to identify, classify, abate and/or remove the asbestos and/or hazardous materials. X. CONSULTANT'S WORK PRODUCT A. Scope Consultant's work product which is prepared solely for the purposes of this Agreement, including, but not limited to, drawings, test results, recommendations and technical specifications, whether in hard copy or electronic form, shall become the p:\wp\orovallcy\99648\wells2&3agnnt.doc\2/10/00\jw C L-P(June 30,1999) Page 5 of 10 • property of Client when Consultant has been fully compensated as set forth herein. Consultant may keep copies of all work product for its records. Consultant and Client recognize that Consultant's work product submitted in performance of this Agreement is intended only for the project described in this Agreement. Client's alteration of Consultant's work product or its use by Client for any other purpose shall be at Client's sole risk, and Client shall hold harmless and indemnify Consultant against all losses, damages, costs and expense, including attorneys' fees, arising out of or related to any such alteration or unauthorized use. B. Electronic Copies If requested, solely as an aid and accommodation to Client, Consultant may provide copies of its work product documents in computer-readable media ("electronic copies," "CADD"). These documents will duplicate the documents provided as work product, but will not bear the signature and professional seals of the registered professionals responsible for the work. Client is cautioned that the accuracy of electronic copies and CADD documents may be compromised by electronic media degradation, errors in format translation, file corruption, printing errors and incompatibilities, operator inexperience and file modification. Consultant will maintain the original copy,which shall serve as the official, archived record of the electronic and CADD documents. Client agrees to hold harmless, indemnify and defend Consultant from any claims arising out of or relating to any unauthorized change or alteration of electronic copies and CADD documents. XI. INDEMNIFICATION A. Indemnification of Client Consultant agrees to indemnify, defend, and hold Client harmless from and against any liability to the extent arising out of the negligent errors or negligent omissions of Consultant, its agents, employees, or representatives, in the performance of Consultant's duties under this Agreement. B. Consequential Damages Regardless of any other term of this Agreement, in no event shall either party be responsible or liable to the other for any incidental, consequential, or other indirect damages. XII. CONSULTANT'S INSURANCE Consultant shall procure and maintain the following minimum insurance: 1. Commercial general liability insurance, including personal injury liability, blanket contractual liability and broad-form property damage liability coverage. The combined single limit for bodily injury and property damage shall be not less than $1,000,000. 2. Automobile bodily injury and property damage liability insurance covering owned, non- owned, rented, and hired cars. The combined single limit for bodily injury and property damage shall be not less than $1,000,000. p:\wpbrovalIcy\99648\wclis2&3agni t.dot;\2/IWOO\jw CL-P(June 30,1999) Page 6 of 10 3. Statutory workers' compensation and employer's liability insurance as required by state law. 4. Professional liability insurance. The policy limit shall be not less than$1,000,000. Upon request, Consultant shall submit to Client certificates of insurance for the policies listed above. The certificates shall provide that the insurance company gives written notice to Client at least ten days prior to cancellation of the policy. XIII. CONFIDENTIALITY Consultant agrees it will maintain the confidentiality of material it receives from Client which Client has clearly identified as "Confidential" and will not disclose, distribute, or publish to any third party such confidential information without the prior permission of Client. Notwithstanding the foregoing, Consultant shall have no confidentiality obligation with respect to information that: 1) becomes generally available to the public other than as a result of disclosure by Consultant or its agents or employees; 2) was available to Consultant on a non-confidential basis prior to its disclosure by Client; 3) becomes available to Consultant from a third party who is not, to the knowledge of Consultant,bound to retain such information in confidence. In the event Consultant is compelled by subpoena, court order, or administrative order to disclose any confidential information, Consultant shall promptly notify Client and shall cooperate with Client prior to disclosure so that Client may take necessary actions to protect such confidential information from disclosure. ti XIV. SUBCONTRACTS Consultant shall be entitled, to the extent determined appropriate by Consultant, to subcontract any portion of the services to be performed under this Agreement. XV. SUSPENSION OF WORK Work under this Agreement may be suspended as follows: 1. By Client. By written notice to Consultant, Client may suspend all or a portion of the Work under this Agreement if unforeseen circumstances beyond Client's control make normal progress of the Work impracticable. Consultant shall be compensated for its reasonable expenses resulting from such suspension including mobilization and demobilization. If suspension is greater than 30 days, then Consultant shall have the right to terminate this Agreement in accordance with Article XVI,Termination of Work. 2. By Consultant. By written notice to Client, Consultant may suspend the Work if Consultant reasonably determines that working conditions at the Site (outside Consultant's control) are unsafe, or in violation of applicable laws, or for other circumstances not caused by Consultant that are interfering with the normal progress of the Work. Consultant's suspension of Work hereunder shall be without prejudice to any other remedy of Consultant at law or equity. p:\wpbrovalley\99648\wells2&3abmnt.doc\2/IO/00\jw CL-P(June 30,1999) Page 7 of 10 XVI. TERMINATION OF WORK A. This Agreement may be terminated by Client as follows: (1) for its convenience on 30 days' notice to Consultant, or (2) for cause, if Consultant materially breaches this Agreement through no fault of Client and Consultant neither cures such material breach nor makes reasonable progress toward cure within 15 days after Client has given written notice of the alleged breach to Consultant. B. This Agreement may be terminated by Consultant as follows: (1) for cause, if Client materially breaches this Agreement through no fault of Consultant and Client neither cures such material breach nor makes reasonable progress toward cure within 15 days after Consultant has given written notice of the alleged breach to Client, or (2) upon five days' notice if work under this Agreement has been suspended by either Client or Consultant for more than 30 days in the aggregate. C. Payment upon Termination In the event of termination, Consultant shall perform such additional work as is reasonably necessary for the orderly closing of the Work. Consultant shall be compensated for all work performed prior to the effective date of termination, plus work required for the orderly closing of the Work, including: (1) authorized work performed up to the termination date plus termination expenses, including all labor and expenses, at Consultant's standard billing rates, directly attributable to termination; (2) all efforts necessary to document the work completed or in progress; and (3) any termination reports requested by Client. Except for termination of Consultant by Client for cause, Consultant shall also receive a termination fee equal to 15 percent of the total compensation yet to be earned under existing authorizations at the time of termination to account for Consultant's rescheduling adjustments, reassignment of personnel, and related costs incurred due to termination. 'VII. ASSIGNMENT This Agreement is binding on the heirs, successors, and assigns of the parties hereto. Except as otherwise set forth under Article VIII, Assignment of Tasks to Affiliates, this Agreement may not be assigned by Client or Consultant without prior,written consent of the other. XVIII. NO BENEFIT FOR THIRD PARTIES The services to bep erformed by Consultant are intended solely for the benefit of Client, and no benefit is conferred on, nor contractual relationship established with any person or entity not a party to this Agreement. No such person or entity shall be entitled to rely on Consultant's services, opinions, recommendations,p lans, or specifications without the express written consent of Consultant. No right to assert a claim against the Consultant, its officers, employees, agents, or consultants shall accrue to the construction Consultant or to any subcontractor, supplier, manufacturer, lender, insurer, surety, or any other third party as a result of this Agreement or the performance or nonperformance of the Consultant's services hereunder. p:\wp\orovalicy\996.48\wels2&3agrnnt.doc\2/10/00\jw CL-P(June 30,1999) Page 8 of 10 XIX. FORCE MAJEURE Consultant shall not be responsible for delays caused by circumstances beyond its reasonable control, including, but not limited to (1) strikes, lockouts, work slowdowns or stoppages, or accidents, (2) acts of God, (3) failure of Client to furnish timely information or to approve or disapprove Consultant's instruments of service promptly, and (4) faulty performance or nonperformance by Client, Client's independent consultants or Consultants, or governmental agencies. Consultant shall not be liable for damages arising out of any such delay, nor shall the Consultant be deemed to be in breach of this Agreement as a result thereof. XX. INTEGRATION This Agreement represents the entire understanding of Client and Consultant as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered herein. This Agreement may not be modified or altered except in writing signed by both parties. Any purchase order issued by Client, whether or not signed by Consultant, and any terms and conditions contained in such purchase order which are inconsistent with this Agreement shall be of no force and effect. XXI. SEVERABILITY If any part of this Agreement is found unenforceable under applicable laws, such part shall be inoperative, null, and void insofar as it conflicts with said laws, but the remainder of this Agreement shall be in full force and effect. [For EPA-funded projects, add:] XXII. COMPLIANCE WITH FEDERAL REGULATIONS-40 CFR 33.1030 The model subagreement clauses contained in 40 CFR 33.1030, except those applicable to subagreements for construction, are incorporated into this Agreement and supersede any conflicting provision in this Agreement. 40 CFR 33.1030 is attached to this Agreement as Exhibit VIII. CHOICE OF LAW/JURISDICTION This Agreement shall be administered and interpreted under the laws of the state in which the BC office responsible for the project is located. Jurisdiction of litigation arising from the Agreement shall be in that state. XXIV. ATTORNEYS' FEES In the event either party commences legal proceedings against the other, then the prevailing party shall, in addition to any other recovery, be entitled to recover its reasonable attorneys' fees and all other costs of such proceeding. p.\wp\oiovaliey\99648\weils2&3agnut do.'2/10/00\jw CL-P(June 30,1999) Page 9 of 10 XV. NOTICES All notices required under this Agreement shall be delivered by facsimile, personal delivery or mail and shall be addressed to the following persons: Mr. Ronald L. Ablin,P.E. Mr. Robert Jacklitch Project Manager [Title] Brown and Caldwell Town of Oro Valley Water Utility 3636 North Central Avenue, Suite 200 1565 East Rancho Vistoso Boulevard, Phoenix,Arizona 858012 Suite A (602) 222-4444 Oro Valley,Arizona 85737 Fax: (602) 222-4466 (520) [phone number] Fax: [number] Notice shall be effective upon delivery to the above addresses. Either party may notify the other that a new person has been designated by it to receive notices, or that the address or Fax number for the delivery of such notices has been changed, provided that, until such time as the other party receives such notice in the manner provided for herein, any notice addressed to the previously-designated person and/or delivered to the previously-designated address or Fax number shall be effective. AUTHORIZATION The persons executing this Agreement on behalf of the parties hereto represent and warrant that the parties have all legal authority and authorization necessary to enter into this Agreement, and that such persons have been duly authorized to execute this Agreement on their behalf. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. BROWN AND CALDWELL TOWN OF ORO VALLEY Signature Signature Printed Name Samuel A. Edmondson,P.E. Printed Name Title Vice President Title Federal Tax ID number: 94-1446346 p:\wp\orovalley\99648\wells2&3agnnt.doc\2/IO/00\jw CL-P(June 30,1999) Page 10 of 10 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: April 5th,2000 TO: HONORABLE MAYOR& COUNCIL FROM: Don Manspeaker, Sr. Civil Engineering Technician SUBJECT: Resolution#(R)00- 3 2 Authorizing and Approving a Line Extension Agreement Between the Town of Oro Valley and The Lakke Investment Group LLC Providing for Water Service by the Town of Oro Valley to the Pusch Ridge Daycare/Office Complex. SUMMARY: The Town Water Code, established by Ordinance#96-13, requires that applicants for water service enter into a Line Extension Agreement(LEA)with the Town. The LEA establishes the framework for the relationship between the applicant and the Town, spelling out such things as what facilities the applicant will construct, the cost of those improvements, what costs (if any) will be eligible for reimbursement, the method and limitations of reimbursement, the calculation and payment of fees and the dedication/acceptance of the facilities. FISCAL IMPACT: This agreement will allow the Town to collect the appropriate fees. It will commit the Town to certain future refund provisions as detailed in the document. The facilities constructed will become assets of the Town. ATTACHMENTS: Resolution No.(R)00-3 2 Authorizing and Approving a Line Extension Agreement between the Town of Oro Valley and The Lakke Investment Group LLC Providing for Water Service by the Town of Oro Valley to the Pusch Ridge Daycare/Office Complex. RECOMMENDATIONS: Staff recommends approval and execution of the LEA. SUGGESTED MOTION: The Town Council may wish to consider one of the following motions: I move to approve Resolution(R)00-3 2 or I move to not approve Resolution(R)00- 3 2 . ,Engineering = ician I ate / lity Dire.., r /) , - / � _ii .moi 4 own Manag- _ RESOLUTION NO. (R) OO- 32 RESOLUTION OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING AND APPROVING A LINE EXTENSION AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND THE LAKKE INVESTMENT GROUP LLC TO PROVIDE WATER SERVICE BY THE TOWN OF ORO VALLEY TO PUSCH RIDGE DAYCARE/OFFICE COMPLEX. WHEREAS, The Lakke Investment Group LLC desires to enter into a Line Extension Agreement with the Town of Oro Valley for the construction of water facilities at the Pusch Ridge Daycare/Office Complex, attached hereto as Exhibit A and incorporated herein by this reference; and WHEREAS, The Lakke Investment Group LLC is the owner ofert ro located p y Oro Valley, which is more specifically located in a portion of Sections 12 and 13, 12 South, Range 13 East and has applied to the Town of Oro Valleyforapproval pp al of the construction of the water facilities under private contract; and 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 i . with all the rights, privileges, and benefits, which entitles the Town to immunities and exemptions granted to a political subdivision under the Constitution as well as the laws of the State of Arizona and the United States; and WHEREAS, pursuant to A.R.S. § 9-511 and approval by the Town Council in 1996, the Town may construct, purchase, acquire, own and maintain within or without its corporate rp rate limits any such business or enterprise of which shall be known as the Town of Oro Valley Water Utility; and WHEREAS, pursuant to Section 15-12-3, of the Oro ValleyTown code, the Council cl reviewed the Agreement at the regular Town Council meeting held April 5, 2000, and has determined that the Line Extension Agreement for construction of the water facility under private contract should be approved; and WHEREAS, the Line Extension Agreement is the sole agreement between bothp arties to provide water service by the Town to the Pusch Ridge Daycare/Office Complex and is found to be mutually beneficial to both parties. NOW, THEREFORE, BE IT RESOLVED by the Mayor and the Council of the Town o n of Oro Valley, Arizona that the attached Line Extension Agreement between the Town n of Oro Valley and The Lakke Investment Group LLC to provide water service to the Pusch c Ridge Daycare/Office Complex is hereby approved. LEA Approval BE IT FURTHER RESOLVED THAT THE an Mayor and otheradministrative y administrative officials of the Town of Oro Valley are herebyauthorized to take such steps as are necessary to execute and implement the terms of the Line Extension Agreement. PASSED AND ADOPTED by the Mayor and Town Council, the Town of Oro Valley, Arizona this 5th day of April, 2000. TOWN OF ORO VALLEY, ARIZONA Paul H. Loomis, Mayor ATTEST: Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Dan L. Dudley, Town Attorney LEA Approval TOWN OF ORO VALLEY LINE EXTENSION AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES UNDER PRIVATE CONTRACT THIS AGREEMENT, authorized by Section 15-12-3 of the Oro Valley Water Code, is made and entered into this day of , 2000, by and between the TOWN OF ORO VALLEY, hereinafter called the Town, and The Lakke Investment Group LLC, hereinafter called the Applicant. WITNE S SETH: WHEREAS, the Applicant desires to install the Water Facilities to provide service to the project to be known as Pusch Ridge Daycare/ Office Complex, located on the parcel of land described on Exhibit A, hereinafter called the Subject Property; and WHEREAS,the required plans, specifications, and materials for the Water Facilities have been approved by the Town; and WHEREAS, the Applicant desires that the Town take possession of, operate and service the Water Facilities; and WHEREAS, the Town is willing to accept the Water Facilities and permit them to be connected to the Town Water System provided it meets Town standards and the work is done in accordance with Town requirements; NOW, THEREFORE, in consideration of the matters and conditions set forth in this Agreement, IT IS HEREBY AGREED AS FOLLOWS: I. General 1. The Applicant shall design and install, at applicant's own expense, the Water Facilities, as set forth in Oro Valley Plan No.OV12-99-17 , a true and correct copy of which is on file with the Oro Valley Water Utility, and Town Standard Waterworks Specifications and Details and special specifications and details as approved by the Town and by this reference made a part of this Agreement (all of which are collectively referred to in this Agreement as "the Water Facilities"). 2. The Water Facilities shall be constructed by a contractor properly licensed by the State of Arizona for this type of work. 3. Before any service connections are made to the Water Facilities or the Town's Water System, all fees which are then due shall be paid to the Town (see section II of this Agreement). 4. No service connections will be made until the Water Facilities have been accepted by the Town in accordance with Section 15-12-2 of the Oro Valley Water Code. Oro Valley Plan No. OV 12-99-17 5. Meter applications will be accepted onlyfor the lots as ' . designated in the description of the Subject Property. 6. Execution of this Agreement certifies that the Applicant has reviewed ewed the plans and specification for the Water Facilities, approved the location of service lines and is in full accordance therewith. II. Applicable Fees The Town will require certain fees to be paid for providing water service under this s Agreement. The Town will take all necessary and legal steps torotect its interests, including cluding the refusal to provide water service, if Applicant fails to pay fees when due. Applicant's pp payment of a fee shall not constitute a waiver of its provided,to seek a refund of the fee; r ovided, however, that interpreted in this Agreement shall be as a waiver of anyapplicable pp able statutory claims procedure. The water fees currently contemplated to be charged for the Property Subject are as follows: 1. Monthly minimum water service fees, water commoditycharges,ges an d service charges (see Oro Valley Water Code Sections 15-17-1 15-17-1B 15-17-3, - � 15 17 6A, and 15- 17-7), based on water usage and circumstances, which are due and payable . p y within ten days after billing by the Town, in accordance with Oro ValleyTown Code Section 15- - 15 2. 2. Meter Setting Fees (see Oro Valley Water Code Sections 15-17-2 and 15-17-8) 17 8) calculated to total $ 1764.00 for the Subject Property Ybased on the current development proposal and rates, as calculated on Exhibit E. Actual meter settingfees which will for be charged or the Subject Property will be based on the rates effective at the time the water service connection is installed. Meter setting fees shall be paid before the Town sets the meteris whichis the subject of the fee. 3. Hook-up Fees (see Oro Valley Water Code Sections 15-17-5 and 15-17-10), calculated to total $ 8625.00 for the Subject Property based on the current development proposal and rates, as calculated on Exhibit F. Actual hook-up fees which will be charged d for the Subject Property will be based on the rates effective at the time the fee isaid. Hook-up p ook up fees shall be paid prior to issuance of construction permits for the land use which is the subject ect of the fee. 4. Alternative Water Resources Development Fees (see Oro Valley Water Code Sections 15-17-4 and 15-17-9), calculated to total $ 4500.00 for the Subject Property based on the current development proposal and rates, as calculated in Exhibit G. Actual Alternative Water Resources Development Fees which will be charged for the Subject Property will be based on the rates effective at the time the fee isaid. Alternative Water Resources sources Development Fees shall be paid prior to issuance of constructionermits for the land use which hich is the subject of the fee. Oro Valley Plan No. OV 12-99-17 III. Refunds Applicant's actual cost of constructing the Water Facilities, currently estimated to total $22815.00, as detailed in Exhibits B, C, and D, as supported by invoices submitted to the Town, shall be refundable to the extent permitted by Articles 15-11, 15-12, and 15-13 of the Oro Valley Water Code. It is expressly understood by and between the parties that the formula for computation of refunds from gross annual revenues as set forth in Article 15-11 shall apply to construction of facilities undertaken pursuant to Article 15-12. No costs incurred by Applicant to repair, replace or make good on defective or deficient work shall be included in refunds available under this paragraph. The refund shall not exceed the total actual costs of constructing the Water Facilities. No interest or any other payment reflecting the time value of money shall be paid as part of any refund by the Town. Town shall make no refunds from any revenue received from properties other than those located within the Subject Property. It is expressly understood and agreed between the parties that if the Oro Valley Water Code is amended during the period that Applicant is receiving refunds in accordance with this Agreement, Applicant may request modification of this Agreement to take advantage of any such amendments that may be applicable to Applicant's installation of the Water Facilities. IV. Engineering and Inspection 1. When the cost of construction of the Water Facilities is greater than $12,500, the Applicant shall employ a registered Civil Engineer to accomplish system design and to lay out and establish control lines and certify the layout according to the approved plans. 2. Any inspector authorized by the Town shall have full inspection authority over the work to be performed under this Agreement. The Applicant shall furnish the Town Inspector with reasonable facilities for obtaining full information concerning the work. The work shall be subject to Town inspection at all times. Defective work shall be corrected in a manner satisfactory to the Town Inspector. Inspection by the Town make no guarantee as to the safety or engineering soundness of plans prepared by the Applicant or any contractor. 3. In the event that, because of contractor scheduling, a Town Inspector is caused to work any overtime, or during any hours other than the normal 40 hours in a work period, or on a Saturday, Sunday, or legal holiday as defined in A.R.S. § 1-301, the Applicant or the contractor shall compensate the Town for any additional salaries, expenses or employee benefits relating to such overtime or holiday work. Such additional inspection costs will be billed to the Applicant. A normal work period shall be defined as 40 hours in a seven (7) day work period, usually worked on an eight (8) hour day, five (5) day basis, commencing on Monday and ending on Friday, continuing in seven(7) day increments. Nothing in this paragraph shall require the Town to provide inspection on weekends and holidays. If the Town declines to provide inspection on weekends and holidays, neither Applicant nor Applicant's contractor shall have a right to damages against the Town as the result of Town's decision not to perform such weekend and holiday inspections. Oro Valley Plan No. OV 12-99-17 V. Pre-construction and Construction Procedure 1. The Applicant shall submit a written request to begin construction of the Water Facilities to the Town five (5)working days prior to the time work is to commence. 2. This Agreement shall be completed, signed and notarized and returned to the Oro Valley Water Utility prior to issuance of a`Notice to Proceed". 3. No work shall commence until the Town has issued a "Notice to Proceed" which will specify the starting date and a reasonable time for completion. 4. Applicant shall provide Town with an accurate, written schedule of construction, which shall be updated in a manner sufficient to provide Town the ability to schedule town inspection personnel. 5. Materials used in the construction shall be available for sampling and testing prior to being used in the Water Facilities. Materials that fail to meet Town specifications shall be removed from the site. 6. The Applicant shall, at Applicant's expense, obtain all necessary permits and licenses for work permitted herein, pay all fees and comply with all laws, ordinances and regulations relating to the work, public health an safety and safety of Applicant's employees or Applicant's contractors employees. 7. No work shall commence until the Applicant or Applicant's contractor has obtained a construction water permit from the Oro Valley Water Utility. 8. The work shall be commenced on the date specified in the"Notice to Proceed". 9. The Applicant, or Applicant's designated agent, shall be present at all times during performance of the work. The name of the designated agent and the contractor performing the work shall be furnished to the Town before commencement of the work. Instructions given the designated agent on the work site shall be deemed to have been given to the Applicant. 10. The Applicant shall employ only competent and efficient laborers, mechanics or artisans on the work and the Applicant agrees to perform the work diligently to complete the work on or before the completion date given in the `Notice to Proceed". 11. The Applicant shall identify and locate all water valves prior to paving and set valve boxes to final grade after paving. 12. The Applicant shall, at Applicant's expense, make any and all alterations to the existing water system, either on-site or off-site, necessitated by paving, drainage, or other improvements caused by this development. Oro Valley Plan No. OV 12-99-17 13. The Applicant shall require the contractor or subcontractor to comply with all safety requirements of the Arizona Occupational Safety and Hazards Act of 1972 as set forth by the Federal Governmentand as implemented by the State of Arizona. The Applicant or Applicant's contractor shall be solely responsible for all fines or other penalties provide for by law for any violations of the Occupational Safety Hazards Act. 14. In accordance with the Oro Valley Water Code and policies relating to the operation of domestic water utility companies, a true and complete copy of the Certificate of Approval to Construct the work issued by the Arizona Department of Environmental Quality or the Pima County Department of Environmental Quality is attached as Exhibit H. VI. Indemnity In addition to any liability imposed by law, which liability is not affected hereby, on behalf of Applicant and any contractor hired by Applicant, to perform any work hereunder, shall indemnify, defend, and save harmless the Town of Oro Valley, its Mayor and Council, officers and employees, boards, committees and commissions from and against any loss, claim, suit, demand cause of action, or liability of any nature, including but not limited to damage to property and injuries to persons, including death, arising or alleged to have arisen, in whole or in part, out of any act or omission of Applicant or any such contractor or any subcontractor, or any person employed directly or indirectly by any of them in the performance of any work or operations pursuant to this Agreement. VII. Dedication 1. The Applicant shall, and does, hereby grant, bargain, sell, convey, transfer and deliver the Water Facilities to the Town, free and clear of all liens, claims, charges or encumbrances, upon final acceptance of the Water Facilities by the Town. 2. The Applicant guarantees the Water Facilities to be free from all failures due to poor workmanship or materials for a period of two (2) years from the final acceptance date by the Town. 3. The Applicant shall not construct any utility, building or other improvement which would interfere with the operation or maintenance of the Water Facilities. 4. The Applicant further guarantees that all service lines, meters, and meter boxes will be to finish grade and that Applicant will remain responsible for raising/lowering said services as required until the area described is fully developed. 5. The Town shall accept title to and take possession of the Water Facilities upon completion of the Water Facilities to the satisfaction of the Town, and upon acceptance and approval of the Water Facilities,the Town shall operate and service the Water Facilities. Oro Valley Plan No. OV12-99-17 THIS AGREEMENT shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties; provided however that Applicant may not assign this Agreement without prior written consent of the Town. IN WITNESS WHEREOF, the Applicant has executed or has caused this instrument to be executed by its proper officers hereunto duly authorized, and the Town has caused this instrument to be executed by its proper officers thereunto duly authorized, all as of this da - - year first above written. ._... "Town" "pP licant" r" p Town of Oro Valley //, By. h Ix Mayor Date Its: 1 G - Date Witness: Town Clerk Approved As To Form: Town Attorney ,`, v.. , .•,t .r. 7 .+.i J o r r r ti liir 7► r Arri � 4` OFRGAL.SEAL JILL MARIE FERRELL i +' NOTARY PUBLIC-ARIZONA STATE OF BONA) ,. �. PIMA COUNTY County of Pima ) ss. 4• xis Commission tor Myo 6 Expires The foregoing instrument was acknowledged before me on -78-7 ;c3C; , 2000, by LLL YL CO , who acknowledged that s/he is .0 of Lea.tce SAves-iirtelei- referred to in this Agreement as "Applicant", on behalf of the corporation. //, Afi a:. �— IN•taryPub 'c My commission expires: -n--2.900 Oro Valley Plan No. OV12-99-17 EXHIBITS TO LINE EXTENSION AGREEMENT A Description of the Subject Property B Cost estimate detail for on-site facilities C Cost estimate detail for off-site facilities D Cost estimate detail for facility oversizing E Meter setting fee calculation detail F Hook-up fee calculation detail G Alternative Water Resources Development Fee calculation detail H Certificate of Approval to Construct the work issued by ADEQ or PCDEQ Oro Valley Plan No. OV12-99-17 EXHIBIT A i : .,� 1 • • .. l+ • �• '• '.••%i.:•��... • •••1, .� .1.1' . �..•• ;j• „....i;-„,..,• 49 t• fir• I- • • • . ',. t ` •••'.` i t. • .,y....;,•:..1 .,_•,,,',,;t., + i ` • , • • . .*,,Y •J ,+,• J. :›yy.• 1.4.'r'.Y. • { • U• `7 Tt.r�..r • • L� v . . ' • ' 41.# 4k. . '. .• ;• .. LAMBERT _ j:,�:.:... . , ; ii if. Z'\tp9 , . PROJECT _Hi; .4,, . • SITE , Or+1 •~ -f ' :,'id . 8 � 4Oi--39 , ;fir. • . • '. .: , .•• •r •••....''..;. .?... .;•'..'::.?;;..(:1...•..- '..,...1.1''....47:'-::,',•'•;fril • • • ., LO C A TI ON, M dr-NP . - . _ � r1 • '.r,..... _ '•,• t' ••^• .-.;;,•::,...:....,......,...,.....,.....:,”....,....,.;,, .,, ' Scale: jNj Mile - . . . . . • •....,.. . ••.- -.. .::.,. ...,- SE 1/4 Sec 12 & NE 1/4 Sec 13 • -.• ,• ` ,r- •- T--12—S, R-13—E, G i SRI ...„. . t: !..▪ ...,......--•••••.::4%.„ ;- ,_ ▪ : :_ .,„ • Pima County Arizona �� �• :.�•: ••_ ^••:.:•-. • • owN ER/D EVELOPER . . . . • ., r .::.,... .,.;.::-.. ..-. . .i!..i . • The Lakke Investment . Group, LLC °r: • • 3425 E. Grant Rd. Ste 101 . . ..,.. .. , .. ... .. .••„:-.,:.. • ... , • •• .'::.,•;s:'•I ' Tucson, Arizona 85718 • �;. Contact Person: Larry Coch r n •- .. •.,...: . • .. i 4. Phone (520) 320-5075 • ,. : , s., , ,,, . . ... ......, . . ... ....„.. ... . ..N'., . ' . .• • ••'... • .,'4••• .. . t , • SHEET INDEX . .. - . - .. . .•-,.. , ,•,....-k4, . SHEET Na DESCR/PT1'DN • • . . .4 . `� 1 Coser Sheet y :,.. ,:•: • ►t • • : •••tI• \y,K!t •;' <<.r� !ir•,ice• • 1 2 General Notes . • ...:.: •.,,....•••,. . : � _, . 1� ' • • ,... .-:.....,..........,,,,..,...........,•:".44, . ,•.`.wfe'Jce «'}• - .,.., . ; • ,,. • i 3 '. Detolls •• • .- .,. , . ,:.. ...,,,•"--.:;•I.A.,..,:;•,;,...4. .• ,. • ' ._,,,•„-.,• ,, s,fi► .4♦r,� • • 4 • • - ..,.. • i Details •,p; •• , Yx :.••�r • EXHIBIT B _`� -__ '4 : FIN ESTIMATE & MATERIAL TAKE-OFF .091 A NAME: r a & PLAN NO. ni 12 -_.91.-1- 2 • Date: .**********4ms.=:******:************.******x.**************#*****1JJOJi9 ** *.****....w* This project is installing Potable Mains ______Z Reclaimed Mains ,..,,. This project is located entirely/panty within the __72iNarms._21(0iLL____ service area. This project is located entirely/partly within Ci frown imics. ***********s**+ *******************w**************** + ***+ ***********•+ ****,... ...* ....W.v. Eglet It C Total C Pipe . . _ ___49---- Pipe Pipe - @ _ Wipe @ -_ ......- 1w" D.I.Pipe — 24W = _le52___.......241Z- 4 Valves,B &C Valves,B &C .. 0 . t� Valves,B &C - • . . 0 — __I _ ar)—. —_,6r ‘_ iiii Valves,B &C @ de = 21)119 Tapping Sleeve&Valve, B &C • ... @ = —20— , 2,,__ eryie Tapping Sleeve&Valve.B &C 0 2"Drain Valve Assembly(Paved Area) 0 = 1"Drain Valve Assembly(Unpaved Area) . . . . . . .. . . @ S..... . Fire Hydrants - @ __I -41.—S . al 40J) 1/StY Paving Repl.6''ABC 2" Asphalt . = 4)._.... Paving Rept.6"Conc. 2"Asphalt . . ._ . @ @ = • = TOTAL ESTIMATE = _Wag_ Total Estimate (Includes , (Does not include) Items from Supplementary Sheet +7'tt�stttt4.14►.kti 20/Z0'd 6160 072, 0_q OD'k INS 9t:t I 000?-t77-NHf EXHIBIT B .20'd ib101 e, owaidlid11011116. 1..•••Ir• �• •• •••+•r•. Plan No. - 7 r r n ____ s SUPPLEMENTARY SHEET (TO BE USED ONLY IF NEEDED) 1 1"&2"Copper Pipe with fittings . . _ _ @ = 3/4"& 1"Copper Pipe with fittings _ . @ = 2"Copper Pipe on lv without fittings . . . C� 1 1/2"Copper Pipe only without fittings . @ = 1 "Copper Pipe only_without fittings @ T 3/4"Copper Pipe of without fittings @ 1 1/2"&2"Service Tie-Over 6 = 3/4"& 1"Service Tic-Over @ — 1 '/z"&2"Service Renewals @ 3"& 1" Service Renewals @ 1 &3/4"New Split Water Service Stub @ 2"New Water Service Stub @ = _,.._Z._ 1 '/z"New Water Service Stub ,.. @ ‘4495 = __IRO_ 1"New Water Service Stub . . . • . . @ 34-•New Water Service Stub . Pipe @ = Pipe .. . @ • D.I. Pipe @ w _ Casing for Boring . . . . . @ = Piling for River Crossing @ = Tapping Sleeve&Valve,B &C . _ . . . . .. @ _ Tapping Sleeve &Valve. B &C . . • . . . .. @ = Tapping Sleeve &Valve, B &C . . @ = Air Release Valve Assembly - . @ = Pressure Reducer Valve Chick Valve. . . . . . . . _ . _ . . . . @ :::aii:1-• = ___.10____- @ _ @ _ @ _ : eIMI.•a N.Jac 20/g0'd E I80 RttL A?c 0DNHei1NB 81:I 1 000?-t7-Nbf EXHIBIT C Cost estimate for off-site facilities—not applicable. Oro Valley Plan No. OV 12-99-17 EXHIBIT D Cost estimate for facility oversizing - not applicable. Oro Valley Plan No. OV12-99-17 EXHIBIT E Calculation of Meter Setting Fees Meter Size #of Units Per Unit Cost Total Due 1 1/2" 3 $588.00 $1764.00 TOTAL $1764.00 Note: The per unit cost includes applicable taxes. Oro Valley Plan No. OV 12-99-17 EXHIBIT F Calculation of Hook-up Fees Meter Size #of Units Per Unit Cost Total Due 1 1/2" 3 $2875.00 $8625.00 TOTAL $8625.00 Oro Valley Plan No. OV 12-99-17 EXHIBIT G Calculation of Alternative Water Resource Development Fees Meter Size #of Units Per Unit Cost Total Due 1 1/2" 3 $1500.00 $4500.00 TOTAL $4500.00 Oro Valley Plan No. OV 12-99-17 ,y ����PIMA COUNTY DEPARTMENT OF ENVIRONMENTAL QUALITY 41 TECHNICAL SERVICES DIVISION �a 130 West Congress--Tucson, Arizona 85701-1317 o; N Telephone : 740-3340 co Rece%v CERTIFICATE OF APPROVAL TO CONSTRUCT tglIOW 01 Oro Valley 4 UtilitS Water and ' / ater Facilities or Was tew Lem 6-ts System Name : ORO VALLEY WATER COMPANY System No. : 10- - Project Owner : TOWN OF ORO VALLEY WATER COMPANY Address : 1565 E . RANCHO VISTOSO BLVD, SUITE A, ORO VALLEY, ARIZONA 85737 Project Location: T-12-SL R-13-E, SECTION 13 County: PIMA Description: WATER LINE EXTENSION TO SERVE PUSCH RIDGE DAYCARE/ OFFICE COMPLEX Approval to construct the above described facilities as represented in the approved plan on file with the Pima County Department of Environmental Quality is hereby given. subject to the following provisions : THE PIMA COUNTY DEPARTMENT OF ENVIRONMENTAL QUALITY (740-3340) MUST BE NOTIFIED AT LEAST 48 HOURS IN ADVANCE TO SCHEDULE PRESSURE TESTING AND MICROBIOLOGICAL TESTING. AFTER COMPLETION OF CONSTRUCTION, THE RECEIPT OF AN ENGINEER' S CERTIFICATE OF COMPLETION AND ACCEPTANCE BY PIMA COUNTY, ACCURATE "AS BUILT" PLANS SHALL BE PREPARED AND SUBMITTED TO PIMA COUNTY DEPARTMENT OF ENVIRONMENTAL QUALITY IN ORDER TO OBTAIN AN APPROVAL OF CONSTRUCTION. THOSE PLANS MUST BE CLEAR BLUELINE PRINTS SUITABLE FOR MICROFILMING AND SHALL CLEARLY AND ADEQUATELY REPRESENT THE FACILITIES AS THEY ARE CONSTRUCTED. The State law, A.R. S . 49-353 , requires that construction of the project must be in accordance with the rules and regulations of the Arizona Department of Environmental Quality. If project includes trenching, land stripping, earthmoving or road construction an air quality activity permit may be required pursuant to P. C. C. Title 17 . 12 .470 If construction has not started within one year of the date of this issue, this certificate will be void and a written extension of time shall be required. Date Approved: February 8, 2000 DAVID ESPOSITO, DIRE To' BY1 Richard Grimaldi Technica Services Manager BY Eric Shepp, P . E. Civil Engineer cc : P-File No . P003700 P-ADEQ, SRO ' ACC P-Oro Valley Water Company Engineer- Entranco P-PCDEQ TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: April 5, 2000 TO: HONORABLE MAYOR & COUNCIL FROM: Paul K. Nzomo, P.E Civil Engineer: CIP & Development SUBJECT: Resolution (R) 00-33 Award of contract for Project No. 99/00-16 La Canada Drive Landscaping Improvement (Lambert Lane to Naranja Drive) SUMMARY: This project involves landscape improvements, irrigation system improvements and other incidental work. These improvements will improve the appearance of La Canada Drive. In response to the advertisement for bids, the Town received two bid proposals. The bid proposals were opened by Town staff at 2:00 p.m. on March 7, 2000. The following is a summary of the bids received along with the engineer's estimate: Southwest Enviroscapes $ 83,990.00 AAA Landscape $ 95,644.00 The Groundkeeper $ 102,537.00 Architect Estimate $ 116,145.10 ATTACHMENTS: Resolution (R) 00-3 3 FISCAL IMPACT: Funding for this project is available from budgeted Town funds for the 99/00 fiscal year. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 RECOMiVIENDATION: Public Works staff recommends the awarding of this contract to Southwest Enviroscapes through the adoption of the attached resolution. SUGGESTED MOTION: The Council may wish to consider one of the following motions: I move to approve Resolution (R) 00-33 OR I move to deny Resolution (R) pp_ 33 • . Jans� , P.E.,`It•,wn Engineer Chuck Sweet, Town Manager RESOLUTION NO. (R) 00- 33 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AWARDING A CONTRACT FOR LA CANADA DRIVE LANSCAPING IMPROVEMENTS FROM LAMBERT LANE TO NARANJA DRIVE TO SOUTHWEST ENVIROSCAPES COMPANY. WHEREAS, the landscaping improvements within the Town's Right of Way is necessary to the public health, safety, welfare and beautification; and WHEREAS, the Town Council deems it necessary, in the interest of providing for the health, safety, welfare, and beautification to the citizens of Oro Valley, to authorize the Town's staff to contract with Southwest Enviroscapes company for landscape improvements at La Canada Drive from Lambert Lane to Naranja Drive. THEREFORE, BE IT RESOLVED, BY THE MAYOR AND THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA: That Town staff is authorized to contract with Southwest Enviroscapes Company for La Canada Drive landscaping improvements from Lambert Lane to Naranja Drive. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 5th day of April , 2000 TOWN OF ORO VALLEY, ARIZONA Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Dan Dudley, Town Attorney Date Date TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: April 5th, 2000 TO: HONORABLE MAYOR & COUNCIL FROM: Paul K. Nzomo, P.E Civil Engineer: CIP & Development SUBJECT: Resolution (R) 00-34 Award of Engineering Professional Services Contract to David Evans and Associates (DEA) Inc for Project No. 99/00-22 Calle Concordia / La Canada Drive Intersection Improvements for a Fee of$ 15,595.00. SUMMARY: This project will involve the development of plans and specification for the construction of left turn bay for southbound traffic, right turn lane for northbound traffic on La Canada Drive, right turn lane for westbound traffic on east leg of Calle Concordia, striping and other incidental work. ATTACHMENTS: 1. Resolution (R) 00-34 2. Fee Proposal from DEA FISCAL IMPACT: Funding for this project is available from budgeted Town Funds for the 99/00 fiscal year as amended by the Town Council on February 2, 2000, to reflect $105,000 for this project. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 RECOMMENDATION: Public Works staff recommends the awarding of this contract to DEA, Inc. through the adoption of the attached resolution. SUGGESTED MOTION: The Council may wish to consider one of the following motions: I move to approve Resolution (R) 00-34 OR I move to deny Resolution (R) 00- 34 4 .4. L:"'"' William A. J. 9,.:n, P.E., •,, n Engineer Chuck Sw•et, Town Manager RESOLUTION NO. (R) 00- 34 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AWARDING A CONTRACT FOR CALLE CONCORDIA AND LA CANADA DRIVE INTERSECTION IMPROVEMENTS TO DAVID EVANS AND ASSOCIATES (DEA), INC FOR A FEE OF $ 15,595.00. WHEREAS, the construction of intersection improvements is necessary to the public health, safety, and welfare in order to provide for the safe and effective movement of vehicular and pedestrian traffic; and WHEREAS, the Town Council deems it necessary, in the interest of providing for the health, safety, and welfare of the citizens of Oro Valley, to authorize the Town Manager to contract with DEA, Inc. for the development of plans and specifications for Calle Concordia and La Canada Drive intersection improvements. THEREFORE, BE IT RESOLVED, BY THE MAYOR AND THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA: That Town Manager is authorized to contract with DEA, Inc. for Calle Concordia and La Canada Drive intersection improvements. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 5th day of April , 2000. TOWN OF ORO VALLEY, ARIZONA Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Dan Dudley, Town Attorney Date Date 55E P91!�� FEB 28 '90 1 :47 67 6 tc FAX TRANSM]TTAI DATE: February 28, 2000 TIME: 2:35 PM TO: PAUL NZOMO TOWN OF ORO VALLEY FROM: JERRY PELzT ' DAVID EVANS A D ASSOCIATES, INC. RE: LA CANADA/CALLE CONCORDIA: Attached is the revised proposal per our conversation this morning. Please keep me informed of the status. We can meet with you and Pima County staff at your convenience. Thanks..... Jerry JOB #: 00.627 NUMBER CALLED: 797-2202 TOTAL PAGES SENT, INCLUDING COVER SHEET: 3 If you did not receive all of the pages, please call (520) 388.9098 DAVID EVANS AND ASSOCIATES, INC. 345 E. TOOLE AVENUE, SUITE 300 TUCSON, AZ 85701-1823 (520)388-9098 FAX (520)388-9122 55E P02/07. FEB2e '00 14:47 1 It fi FEE PROPOSAL/SCOPE O FOR A QAAQNCALLr' cQ LA Revised February 28, 2000 1. ' sign Conce $tat„ nt David Evans and Associates, Inc. (DEA) will r r= , prepare a an abbreviated DCS. `#"hi statement shall discuss the existingconditions of thes . roadway and proposed improYements, No alternatives, traffic analyses, environmental investigation, . or formal � public participation drainage report will be prepared under this limited preliminarycost estimate report. A will be included in this report. Fee...,.. ..... $2,040 2. Plan Preparation DEA will prepare construction plans to Pima Countystandards. Plan and profile sheets will be to a 40-scale. Standard Pima Countydetails will be utilized where appropriate, and shall be referenced bynote. p Fee ,.. _.. -.$5,035 3. 52ggigi, Prcvisions DEA will prepare the special provisions for this project. inclusion These will be prepared for inclusion into the final contract documents that will bereared Valley. p p by the Town of Ore Fee........................... .................. ....... .. $1,110 4, Cost ggtimatel DEA will prepare cost estimates at the DCSphase, the 60% phase phase. and the final design Fee ,, ..................... .. . $640 555 P03/21: FEB 28 '00 14:48 5. Serve DEA will provide topographic mapping for creating the base ,m eet information for the of the proposed improvements. Ties will be to Pima County datum and existing rnonumentation to establish control for the protectuse project. Fee..... .............. $4800 6. Projectdmi istratit2 Coo in t' n DEA will attend meetings with Town of Oro Valley a ley and Pima County staff, coordinate with in-house staff, monitor schedules andperform the . andnecessary administrative duties quality assurance to assure that the project is being maintained on schedule andthat the � plans are in conformance with theappropriate standards. Fee ...... $1,470 7. Dkeçt CostslReimbu I m Estimated Cost.. ,............ .................. $500 TOTAL FEE $15,595. ............. cclusio 1. Traffic signals. 2. Street and intersection lighting. 3, Landscape plans. 4. Geotechnical investigation and pavement design report. 5. Drainage g R a n age report and watershed investigation. 6. All other items not specified in this proposal. 7. R R Construction Management Services. TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: April 5,2000 TO: HONORABLE MAYOR& COUNCIL FROM: David L. Andrews, Finance Director SUBJECT: Consideration and Possible Approval of Budget and Bond Committee Recommendation to Allow the Committee to Review the Town Manager's Recommended Budget SUMMARY: On February 28, 2000 the Town's Budget and Bond Committee met to consider an expansion of the roles of the Committee. Currently, the Committee meets quarterly to review actual revenues and expenditures compared to budgeted amounts, the expenditures of bond proceeds, and the Town's annual financial audit. The Committee would like an expansion of its roles to review and present comments and suggestions to Council with regard to the Manager's Recommended Budget. Please refer to the attached draft minutes and communication for further detail. ATTACHMENTS: 1. Draft minutes from February 28, 2000 Special Meeting of the Budget and Bond Committee 2. Budget and Bond Committee Staff Communication dated February 28, 2000 RECOMMENDATION: The Budget and Bond Committee voted 3 —0 (Mr. Longley absent) to forward the positive recommendation to the Town Council. SUGGESTED MOTION: I move to amend the Powers and Duties of the Budget and Bond Committee to allow for the Committee to review and present comments and suggestions to the Council with regard to the Manager's Recommended Budget. or I move to . . . 2)4Aizti David L. Andrews Finance Director Chuck Sweet Town Manager MINUTES Town of Oro Valley Budget and Bond Committee D . AFT SPECIAL MEETING Town Council Chambers 11,000 N. La Canada Drive Oro Valley, Arizona Monday, February 28, 2000 7:00 p.m. CALL TO ORDER 7:03 p.m. ROLL CALL PRESENT: Fran LaSala, Councilmember (arrived 7:17 p.m.) Barton Rochman, Chairman Vito Tedeschi, Vice-Chairman Louis Dudas, Member ABSENT: Jack Longley, Member STAFF PRESENT: David Andrews, Finance Director Mary Rallis, Senior Accountant Suzette Krueger, Administrative Assistant Bart Rochman, Chairman, stated that he received a letter of resignation from Mark Neihart. MINUTES 1. Consideration and Possible Recommendation to Council to Amend the Powers and Duties Section of the Rules and Operating Procedures of the Committee David Andrews, Finance Director, distributed a copy of the Town's Financial Planning Calendar for fiscal year 2000-2001 and reviewed the dates and details of the process with the committee. Discussion ensued by the committee members on the details of reviewing the budget. MOTION: Louis Dudas MOVED to forward a recommedation to the Town Council to expand the powers and duties of the committee as outlined in the suggested language by adding Section D, as follows: "On an annual basis, the town Manager submits a recommended budget for the fiscal year to the Town Council for consideration and final approval. Members of the Budget and Bond Committee shall be presented a copy of the Town Manager's Recommended budget and shall review and present comments and suggestions to the Council with regard to the Manager's Recommended Budget." Vito Tedeschi SECONDED the motion. Motion carried, 3-0. ADJOURNMENT MOTION: Mr. Tedeschi MOVED to adjourn the meeting at 8:20 p.m. Motion SECONDED by Mr. Dudas. Motion carried, 3-0. Respectfully submitted, Suzette Krueger, Administrative Assistant TOWN OF ORO VALLEY BUDGET & BOND COMMITTEE MEETING DATE: February 28, 2000 COMMUNICATION TO: Budget & Bond Committee Members FROM: David L. Andrews, Finance Director SUBJECT: Consideration and Possible Recommendation to Council to Amend the Powers and Duties Section of the Rules and Operating Procedures of the Committee SUMMARY: At its January 31, 2000 Regular Meeting, the Budget and Bond Committee discussed its duties and roles. There appeared to be a consensus from the members present (Mr. Rochman, Mr. Dudas, and Mr. Tedeschi) that the Committee should review the Town Manager's Recommended Budget and make recommendations to Council with respect to that budget document. The purpose of this evening s meeting is for consideration and a possible recommendation to the Council to amend the Powers and Duties section of the rules and operating procedures of the committee. Should the committee desire to forward a recommendation, it would need to be approved by the Town Council. Pursuant to the Town's budget schedule, the Council would need to consider this item in April, probably at its April 5 Regular Meeting. The Committee may also discuss how to fit this expanded role into the Town's budget process which started on February 17. POSSIBLE LANGUAGE: D. REVIEW OF TOWN MANAGER'S RECOMMENDED BUDGET On an annual basis, the Town Manager submits a recommended budget for the fiscal year to the Town Council for consideration and final approval. Members of the Budget and Bond Committee shall be presented a copy of the Town Manager's Recommended Budget and shall review and present comments and suggestions to the Council with regard to the Manager's Recommended Budget. ATTACHMENTS: 1. Rules and Operating Procedures of the Budget and Bond Committee SUGGESTED MOTION: I move to forward a recommendation to the Town Council to expand the powers and duties of the Committee as outlined in the suggested language by adding Section D. or I move to . . . L),4,eid or David L. Andrews Fi - •c/ Director uck Sweet Town Manager If a quorum is not present at a regular or special meeting, such meeting will be continued to a specific time. If there are no time-considered agenda items, the meeting may be continued to the next regular meeting. AGENDAS Agendas and accompanying information shall be available to the members of the Budget and Bond Committee and the public no later than seven days before the Committee meeting. SCOPE The Budget and Bond Committee primarily advises the Town Council on Town budgetary issues and reviews expenditures from long-term debt issuances for conformity to the intended uses of the funds. POWERS AND DUTIES The Budget and Bond Committee performs the following duties: A. Budget Reviews On a quarterly basis, the Budget and Bond Committee reviews the Towns actual revenues and expenditures compared to budgeted amounts and provides a report to the Town Council with respect to its findings. Such reviews and reports shall use as a guideline the Town's Fiscal and Budgetary Policy that has been established and may be amended from time to time by the Town Council. B. Reviews of Proceeds from Long-Term Debt Issuances From time to time, the Town Council may authorize the issuance of long-term debt which shall be defined as the financing of a principal amount equal to or greater than $100,000 with repayment to occur over a period in excess of one year. On a quarterly basis, the Budget and Bond Committee reviews the expenditures of long-term debt proceeds to the originally stated intended uses of the funds. The findings from such reviews shall be reported to the Town Council. C. Town's Annual Financial Audit On an annual basis, the Budget and Bond Committee shall be presented the results of the Town's financial audit performed by a certified public accounting firm and make a recommendation to the Council with respect to Council acceptance of the audit. 2 H TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEE1'ING DATE April 5, 2000 TO: HONORABLE MAYOR & COUNCIL FROM: Shirley Seng, Interim Utility Director SUBJECT: Request for Postponement of Rendering Annual Report SUMMARY: In November 1999, Council adopted Ordinance No. (0) 99-58 amending the Oro Valley Water Utility Code Article 154 Section 5, to change the due date of the annual report from March 1st to April 1st. Major elements in the annual report are the recommendations for an annual and five year capital improvement program, the related budget, and review of the water revenue requirements with recommendations in rate adjustments, if necessary. With the resignation of the Water Utility Director, staff, in conjunction with the Water Utility Commission, will be unable to complete the report on a timely basis. Therefore, we are requesting that the due date of the annual report be postponed until May 17, 2000 to allow ample time for completion. FISCAL IMPACT: None. COMMISSION RECOMMENDATIONS: At their meeting on March 13, 2000, the Commission recommended postponement of the annual report. STAFF RECOMMINDATIONS: Staff is in concurrence with the Water Utility Commission in their request for a postponement in the rendering of the annual report to Town Council. SUGGESTED MOTION: I move to approve the postponement of the rendering of the annual report of the Water Utility Commission until May 17,2000. Or I move to ATTACHMENTS: None. I ri Utility D. r Town Manager TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: April 5, 2000 TO: HONORABLE MAYOR & TOWN COUNCIL FROM: Chuck Sweet, Town Manager SUBJ: Town Council Policy #8 SUMMARY: Draft Policy #8 was provided to the Council in February of this year for review and comment. The Council is now being asked to consider the adoption of Town Council Policy #8 which establishes a job description and sets forth the policies for the Town Council Liaison to Boards and Commissions. 1 ATTACHMENTS: 1. Town Council Policy #8 SUGGESTED MOTION: I make a motion to approve Town Council Policy #8, establishing a new policy for job description for the Town Council Liaison to Boards and Commissions. Town Manager Policy No. 8 TOWN COUNCIL POLICY Date Of Adoption Date of Revision TITLE: COUNCIL LIAISON TO BOARDS AND COMMISSIONS Page 1 of 2 Purpose and Need for Policy The purpose of this policy is to define the position of Council Liaison to Boards and Commissions. The position of Council Liaison was created in order to allow council members the opportunity to bring Council adopted policies to a particular board or commission, and keep the Town Council informed as to the actions of that advisory group. II. Policy It is the policy of the Town Council to establish or improve the lines of communication between Boards and Committees and the Town Council. Therefore, it shall be the policy of the Town Council to assign amongst themselves liaisons to the various Council appointed Boards and Committees. The Liaison will attend the meetings of the Board or Committee for which he has been assigned and represent the Council as a whole. The Liaison will then inform the Mayor and Town Council members of discussions or events which occurred at said meetings. Communication may be in the form of Council Reports (at regular meetings), written memorandum or e-mail. It is the intent of this Policy that when so requested, the Council Liaison provide Board and Committee members with the goals and objectives of the Council as a whole. It should also be noted that when requested, the Liaison provide the Council with the opinions and objectives of the Board or Committee members. It should be clear that the Council Liaison shall not be a voting member of the Board or Committee for which he is assigned and shall not to use this position to either direct or influence members of the respective Board or Committee at any time. III. Procedure to Accomplish Policy The Council Liaison will attend all meetings of the Advisory Boards or Committees to which he has been appointed. Following the meeting, the Liaison shall prepare a summarization of the events which occurred and inform the Mayor and Town Council of same. If the Council Liaison is unavailable to attend said meeting, he shall make contact with the Chair or Staff Support for that Board or Commission to obtain the necessary information. IV. Responsibility to Accomplish Policy It is the responsibility of the appointed Council Liaison to a Board or Committee to accomplish this policy. APPROVED BY THE TOWN COUNCIL: Mayor DATE: TOWN OF ORO VALLEY 2 COUNCIL COMMUNICATION MEETING DATE: April 5, 2000 TO: HONORABLE MAYOR & COUNCIL FROM: Kathryn Cuvelier, Town Clerk SUBJECT: PUBLIC HEARING — APPROVAL OF APPLICATION FOR A PERSON TRANSFER, SERIES 09 LIQUOR LICENSE—ABCO STORE #457, 13005 NORTH ORACLE ROAD SUMMARY: An application for a Person Transfer Series 09 Liquor License has been submitted by Abco Store #457, located at 13005 North Oracle Road. In accordance with Section 4-201 of the Arizona Revised Statutes, the application was posted for 20 days commencing February 10, 2000 on the premises of the applicant's property. No protests were received during that time. Chief Sharp has conducted a background investigation on the applicant. He has found no derogatory information on the applicant, therefore, he has no objections to the approval of the Person Transfer of the Series 09 Liquor License. ATTACHMENTS: 1. Memorandum from Police Department 2. Liquor License Application SUGGESTED MOTION: I move to approve the request for a Series 09 person transfer liquor license at ABCO Store #457, located at 13005 North Oracle Road. c / , re " ent Head All Air, '',, Town Manag: ill P1.LEY q p 0 ie 11000 N. La Canada Dr. Oro Valley, Arizona 85737 DANIEL G. SHARP, Chief of Police '� ► Phone (520) 742-5474 FAX (520) 797-2616 1 A ,.. A uNDEO� ORO VALLEY POLICE DEPARTMENT "INTEGRITY, PRIDE, EXCELLENCE" To: Kathryn Cuvelier, Town Clerk FROM: ..b'niel G. Sharp, Chief of Police RE: Background Investigation, Transfer of Liquor License ABCO Food Group, Inc. ABCO Store #457 13005 N. Oracle Rd. Date: March 21, 2000 On 03/20/2000, the Oro Valley Police Department completed the standard background check on ABCO Food Group, Inc., and principals, Jackson Edward Paulk, James Rodney Vaughn, and Stanley Wayne Stephens. Background checks were queried through Pima County, State of Arizona, and the National Crime Information Center. The Individuals listed on the application have no felony records on file with the listed informational, and records systems. ABCO Store #457 has no recorded infractions in the Town of Oro Valley. The Oro Valley Police Department has no objections to the application for Liquor License transfer by the ABCO Food Group, Inc. ABCO 'i J 5 i 22 4'- S'' R.iem's, toe4ce. -42•0/e7P 5 41 1 ffe p 1 BgGege:N+'1 ./2,-6�i2 D,2.//2--/ Fz...a424 L / ez ��oG�� G,Po��/ � ,,Pfd, , h v � J �LES � 0 ,,0 ‘ k. ----" <iPf ia.sus4Es,2 30 57Fli° v1I S�Rv' i`'�CLXTstti� fr \U , /.7:. L--, o Gt-'7 ‘9 G?.RTS SGaT/.�✓l� LiQ. �TR. �//o'� /\ INTIzAµGE. After recording please return to: DURABLE SPECIAL POWER OF ATTORNEY � I Effective Date: 10/31/99 Expiration Date: Upon County and State Revocation Maricopa County Arizona PRINCIPAL (Name, Address and Zip ATTORNEY-IN-FACT (Name, Address Code) and Zip Code) Fleming Companies, Inc. Nicholas C. Guttilla 6301 Waterford Blvd. GUYfILL`A & MURPHY Oklahoma City, OK 73126-0647 4150 W. Northern Ave. Phoenix, AZ 85051 Principal constitutes and appoints Attorney-in-Fact to act as the true and lawful attorney for and in its name. place and stead to perform the following acts and things: Sign all documents and forms relative to Arizona spirituous liquor licenses issued to, or to be issued to, Fleming Companies, Inc., pursuant to Title 4 of the Arizona Revised Statutes. 1. Principal gives and grants to Attorney-in-Fact full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully to all intents and purposes as it might or could do if personally present. Principal ratifies and confirms all that Attorney-in-Fact shall lawfully do or cause to be done by virtue of this special power of attorney. 2. This Special Power of Attorney shall not be affected by disability of the Principal. Page 1 of 3 Pages dthe Principal giving actual Power of Attorney may be revoked by . 3. This Special a Revocation of 'ce to anyone dealing with the attorney-in-fact or by recording written note Power of Attorney with the County Recorder of Maricopa County Arizona. WARNING TO PERSONS EXECUTING THIS SPECIAL POWER OF ATTORNEY importantdocument. It creates a durable power of attorney. This is an legal T Before executing this these important facts:document, you should know attorney-in- . mayprovide the person you designate as your 1. This document fact with broad powers to dispose,sell,convey,and encumber your real and personal property. willindefiniteperiod of time unless you limit exist for an • 2. These powersto exist notwithstanding • this document. These powers will continue their duration in subsequent disability or incapacity. your • terminate this durable power of attorney You have the right to revoke or • 3' public office designated for that timerecordinga revocation in the at any by (a) in your attorney- in-fact • of Attorney and(b)directly notifying on this Special Power purpose our attorney-in-fact with respect to anyone who may be dealing with y and your property or other matters. of Fleming Companies.Inc.,sign Sr Vice President �. I, Charles L. Hall1999 this of Attorney this 9th day of December , mynametoDurablePower undersigned authority that I sign and execute • sworn, do declare to the unders gn and being first duly �-- direct • willingly, or r � I it - �� •tY'11i1rLg orne i� and that I sign �ti ill�ng•y, this instrument as i:I ' power of u ,, `. � act for the purposes I execute it as my free and voluntary another to sign for me, that or older, of expressed in the Durable Power of Attorney and that I am eighteen years of age sound mind and under no constraint or undue influence. er Charles L. Sr. Vice President Page 2 of 3 Pages ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL W 5th ;" J 400 W 800 Washineton Floor i �".1: Congress#150 Phoenix AZ 85007-2934 -:Atty. y Tucson AZ 85701-1352 (602) 542-5141 *.p,e (520) 628-6595 APPLICATION FOR LIQUOR LICENSE TYPE OR PRINT WITH BLACK INK Notice: Effective Nov.1,1997,All Owners=Agents,Partners,Stockholders Officers,or Managers actively involved in the day to day, onerations of the business must attend a Department approved liquor law training course or provide proof of attendance with. the last five years. See page 5 of the Liquor Licensing requirements. SECTION 1 This application is for a: SECTION 2 Type of ownership: ®INTERIM PERMIT Complete Section 5 0 J.T.W.RO.S. Complete Section 6 ❑NEW LICENSE Complete Sections 2,3,4,13,14,15,1417 0 INDIVIDUAL Complete Section 6 CD PERSON TRANSH±R(Bars&Liquor Stores ONLY) 0 PARTNERSHIP Complete Section 6 Complete Sections 2,3,4,11,13,15,1417 ®CORPORATION Complete Section 7 ❑LOCATION TRANSFER(Bars and Liquor Stores ONLY) 0 LIMITED LIABILITY CO. Complete Section 7 Complete Sections 2,3,4,12,13,15,1417 0 CLUB Complete Section 8 ❑PROBATE/WILL ASSIGNMENT/DIVORCE DECREE 0 GOVERNMENT Complete Section 10 Complete Sections 2,3,4,9,13,15,17(fee not required) 0 TRUST Complete Section 6 ❑GovERNmarr Complete Sections 2,3,4,10,13,15,1417 0 OTHER Explain SECTION 3 Tvpe of license and fees: LicENsE##; 09100153 1. Type of License: 0 9 2.Total fees $ 200.00 APPLICATION FEE AND INTERIM PERMIT FEES(IF APPLICABLE)ARE NOT REFUNDABLE. A service fee of$25.00 will be charged for all dishonored checks(A.R.S.44.6852) SECTION 4 Applicant:(All applicants must complete this section) 1. Applicant/Agent's Name:Ms_ Paulk Jackson Edward (Insert we name ONLY to appear an ban=e) Last Fast Addle 2. Corp./Partnersiup/L..I..C.: ABCO Food Group, Inc. (Exactly as it appears an Artides of Inc.ar Articles of Org.) ' 3. Business Name: ABCO Store # 457 (Exactly as it appra:s an the maxim of premises) 4. Business Address: 13005 N. Oracle Road Oro Valley Pima 85737 (Do not use PO Boos Num city COUNTY LP 5. Business Phone:( 602 ) 222-1600 Residence Phone:( ) 6. Is the business located within the incorporated limits of the above city or town? LYES ONO 7. Mailing Address: 3001 W. Indian School Road Phoenix AZ 85017 City state MP 8. Enter the amount paid for a06,07,or 09 license: $ N/A (Price of License ONLY) r DEPARTMENT USE ONLY Accepted b . J/L1Dane :-Amp Lic.# CL-i ''r -1,3 \OO • :f)(0. TC: Application Interim Permit Agent Change Club F.Prints TOTAL PROCESSING APPLICATIONS TAKES APPROXIMATELY 90 DAYS,AND C RCUMSTANCES OFTEN RESULT IN A LONGER wAInVG PERIOD. YOU ARE CAUTIONED REGARDING PLANS FOR A GRAND OPENING,ETC..BEFORE FINAL APPROVAL AND ISSUANCE OFT E LICENSE. LIC 0100 05n999 =Disabled individuals requiring special accommodation.please call the Department. ECT1ON 5 Interim Permit ndinyou will need an Interim Permit pursuant to A.R.S.4-203.01. �to operate business while your application is peg_ . If you intend pe you are applying fm•currently issued to the location.MUST be a valid hcenSe of the same type r ntl 0 9 1 0 0 .5 3 i. Enter the license number currently at the location. � ❑NO If no,how lone has it been out of use? k Is the license currently in use. YES AT THE LOCATION TO THIS APPLICATION. _i —fact for the A'TTACS THE LICENSE CURRENTLYattorney and attorney-i tti 3.1 declare that I am the CURRENT LIC�ISEE of the stated license andI, Nicholas C. Gu (Print full name) the contents and all statements are true,correct and complete. location. I have read this application and State of Ari 7 nna County of "-------------) /. ' The foregoing instrument was acknowledged . >.ro P? before me this z-- f • ,Siguaatac► � .. q NOTARY�U�_LC-S-TPAMLA A,TEOF An'�Na ff Mw d °ft+-'1--_-•- � �`M�w� U ,j2(2.(2. ". Year .vmmExpires 09.14.02My commission expires on: vue of NOTA ') c , 0 N 6 Individual or Partnership Owners: EACH FORM`LICa10'�',AN 'APPLJCANT'TYPE FINGERPRINT CARD,AND$24 FEE FOR EACH PERSON 4. D MUST SUBMIT A COMPLETED CARD. 1. Individual: Owed Residence Address C•iiv Stare • _ -__ Fust Mdd _- • - • --- - -- - — \ cic - - Last - - -- - - .�. c.. _ ,_ . (Onlythe first partner listed will appear on :•-nse Partnership Name: �starve • e �__ --- —--- Resit __ __ddress - --- - - ❑ ❑ ❑ ❑ EIIIIIIIklhhilligIIIIIIIIIII ❑ ❑ mIIIIIIIIIIIIIIIIII 0 \ L SH ET IF � (ATTACH ADDmONA inthe profits/losses of the business? 0 YES 0 NO Is any person,other than the above,going to share SECTION 12 Location to Location Transfer: (Bars and Liquor Stores ONLY) APPLICANTS CA• •T OPERATE UNDER A LOCATION TRANSFER UNTIL IT IS APPROVED BY THE STATE. 1. Oarrent Business Name and •'U. ss: Exactly as u appears on license) I New Business Name and Address: (Do not use PO Box Number) 3. License Type: License Number: . .-,ewal Date: 4. What care do you plan to move? What date do you plan to open? SECTION 13 Questions for ail in-state applicants: 1. Distance to nearest school: 10000 ft NamelAddress of school: Catalina Mountain School (regardless of distance) 14500 N. Oracle Rd. - Tucson, AZ 85738 2. Distance to nearest church: 8000 ft. Name/Address of church: Community Church , (regardless of distance) 1200 Rancho Vista Blvd. - Tucson, AZ SUBLESSEE ❑OWNER 0 85737 .i. I am the: ❑LFss� PURCHASER(of premises) 4. If the premises is leased give lessors name and address: Fleming C ie s, Inc. , 3001 W. Indian School Road, Phoenix, AZ 85017 , -ta. Monthly rent /lease rate S 32,714.93 . What is the remainingn f them ? 15 11 ,eu�of��lease': yrs. mos. Unpaid rent, eviction and termination of lease. 4b. What is the penalty if the lease is not fulfilled? $ or other (give devils-attach additional sheet if necessary) 5. What is the total business indebtedness of the applicant for this license/location excluding lease? S none Does any one creditor represent more than 10%of that sum? ❑yES 0 NO If yes,list below. Total must equal 100%. Last Fit '.fie %Owed ^-_ Residence Address .City Stage To (ATTACH ADDTITONAL SHEET IF NECESSARY) 6. What type of business will this license be used for?(BE SPECIFIC) Retail grocery 7. Has a license.or a transfer license for the premises on this application been denied by thelissiitg within the past one(1)year? ❑YES fn NO If yes,attach explanation. 8. Does any spirituous liquor manufacturer,wholesaler,or employee,have any interest in your business? DYES L2 NO 9. Is the premises currently licensed with a liquor license? ®YES ❑NO If yes,give license number and licensee's name: 09100153 (Exactly as it appears on license f =a s. (calm._• • - 5 SES • • Restaurant,or Hotel-Motel Applicants: _ license at the proposed location? ❑YES❑NO If yes,give licensee's name: 1. Is there a valid restaurant or otel and license#: Last Fust %, ••' for an Interim Per= •- -.:rate while your application is pending;consult the answer to Question 1 is YES,you may qualify 2. If A.R.S.Section 4-203.01;and complete Section 5 of this application. t Operation Plan(Form LIC0114)provided by the ��-.:�•���-nt of Liquor. restaurant applicants must complete a Restaurant 3. All 4. Doou understand that 40°Io of your annual gross revenue must be from food sales? 0 YES El NO Y SECTION 15 Diagram of Premises:•(Blueprints not accepted,diagram must be on this form)) 1. Check ALL boxes that apply to your licensed premises: fia Entrances/Exits ® Liquor storage areas O Drive-in Widows 0 Patio enclosures Q Service windows 0 Under construction-estimated completion date tzs must explicitly depict kitchen equipment and dining facilities. 2. Restaurants and Hotel/Motel apphcan ' liquor is to be sold,served.consumed.dispensed,possessed,or stored. 3. The diagram below is the only area where spirituous q Give the square footageor outside dimensions of the licensed premises. DO NOT INCLUDE PARKING LOTS,LIVING QUARTERS,ETC. See attached. DEPARTMENT OF UQUOR OF ANY CHANGES OF BOUNDAF 3, YOU MUST NOTIFY THE SERVICE WINDOWS MADE AFTER SUBMISSION OF THIS DIAGRAM. ENTRANCES, EXITS, OR 6 S 13tYn5-. Diept- —Furs /\_) 2_c).3 ‘ SECTION 16 Geographical Data: A SAMPLE FOR THIS SECTION IS PROVIDED ON THE BACK OF THIS PAGE. List below the exact names of all churches,schools,and spirituous liquor outlets within a one half mile radius of your proposed location. CAGE/210 C,IAciN A 1Z �r ►�vES , • VN a�Ci,►2GE.K) c c� s 3. � 4. rr 5. 0 6. 7. 8. 2 3 9. icZA IOC 4 a -T V ScS A 10. 11. 12. 13. 14. 1.5. ATTACH ADDITIONAL SHEET IF NECESSARY) A=Your business name and identify cross streets. SECTION 17 Signature Block: I Jackson Edward Paulk ,declare that: 1)I am the APPLICANT(Agent/Club Member/Partner),making this (Print name of APPLICANT/AGENT listed in Section 4 Question 1) application;2)I have read the application and the contents and all statements are true,correct and complete;3)that this application is not beim made to defraud or injure any creditor,taxing authority,regulatory authority,or transferor,4)that no other person,firm,or corporation,excer as indicated, has an interest in the spirituous liquor license for which these statements are made: and 5) that none of the owners, partner members,officers.directors or stockholders listed have been convicted of a felony in the past five(5)years. /(12 State of Arizona County of Maricopa - ���� The foregoing instrument was acknowledged before me this r�� r day of gait.A.L.L.1 JFrII.iAL SEAL • Month Year PAMLA JEAN SINES 's NOTARY PUS�JC-STATE OF ARIZONA • MARICUPA COUNTY My commission expires o : �.� , , - � (Signature NOTARY PUBLIC) 7 -7 . -2 ABCO FOOD GROUP, INC. a Nevada Corporation Authorized to Transact Business in the State of Arizona FLOW CHART OF OWNERSHIP Both management companies hold Fleming Companies. Inc.'s stock as investment and do not participate in the direction, management or policy decisions of Fleming Companies, Inc. Southeastern Asset Fidelity Management Management (Owns approximated Research anapproximately (Owns approximately 14.4%of Fleming 13.9%of Fleming Companies, Inc.) Companies.Inc.) 1 I FLEMING COMPANIES, INC. An Oklahoma Corporation (A publicly-traded corporation) 1 V RETAIL INVESTMENTS, INC. A Nevada Corporation (A wholly-owned subsidiary of Fleming Companies. Inc.) I V ABCO FOOD GROUP, INC. A Nevada Corporation (A wholly-owned subsidiary of Retail Investments. Inc.) , WITNESS . James V. Barwick the witness, sign my name to the foregoing I, . of Attorney. beingfirst duly sworn, and do declare to the undersigned Durable Power � authority that Charles L. Hall , Sr. Vice President of Fleming Companies, Inc., signs and executes this instrument as his/her power of attorney and that he/she signs it willinglydirects another to sign for him/her, and that I. in the presence and wailingly, or � hearing of the undersigned authoty � . i this Durable Power of Attorney as witness to his/her Y to the best of m knowledge, he/she is eighteen years of age or older, of signing and that sound mind and under no constraint or undue influence. / / _r Witn-: James V. Barwick STATE OF Oklahoma ) ) ss County of Oklahoma ) Subscribed,sworn to,and acknowledged before me by_Charles L. Hall Sr. Vice President e ident ofFleming Companies.Inc.,this 9th day of December , 1999. `\����,11i i i l r i►,�,/�� ��.\ X111 N G i, .L.:16."'D..., ----- �A \ 6-: Commission Ex tr4. a.. ' yL L _ My C o p .. 1 �. i - `� Ren Manning•,f �� ' °� � � Nota Public �� .� .:o - i`.i.•...... .r,•;.,\\ r STATE OF Oklahoma ) ) SS County of Oklahoma ) Subscribed, sworn to, and acknowledged before me by James V. Barwick , witness. this 9th day of December 1999. n My Commission Expires: :i;:i,f-�,, -- � - ii_iiii ,,;�5f�i` ///!, Nsta 'ublic R- ee' Mann g -, --.'..---c\.'f,=3.1/6'..... -% .- ,4----1:<",- .•-•,-,c5. 1, 4., -_-2,:2::-,7'(._c--:,;,.- 1,6' 7,,,t,".c.s _ -- ,,.-,9 '� Page 3 of 3 Pages , , Cs /////,���dic. L:r"�6v��\'\`� "/I1iL ltit0 ABCO FOOD GROUPS. LNC. Schedule of Liquor Licenses Store No. Location/County L License No. Simons Store #300 1045 South Gilbert 09070415 Mesa, AZ 85204 Maricopa ABCO Store #402 6750 W. Camelback 09070644 Glendale, AZ 85303 Maricopa ABCO Store #405 7361 Via Paseo Del Sur 09070645 Scottsdale, AZ 85258 Maricopa ABCO Store #410 5802 W. Thomas Rd. 09070650 Phoenix, AZ 85031 Maricopa ABCO Store #412 1845 N. Scottsdale 09070652 Scottsdale, AZ 85281 Maricopa ABCO Store #414 4402 N. Miller 09070654 Scottsdale, AZ 85251 Maricopa ABCO Store #415 13440 N. 7th Street 09070655 Phoenix, AZ 85022 Maricopa ABCO Store #418 2315 E. Bell Rd. 09070657 Phoenix, AZ 85022 Maricopa ABCO Store #419 12415 N. Tatum 09070658 Phoenix, AZ 85028 Maricopa ABCO Store #420 4430 E. Camelback 09070659 Phoenix, AZ 85018 Maricopa ABCO Store #422 5521 N. 7th Street 09070660 Phoenix, AZ 85014 Maricopa Updated January 18, 2000 Page 1 of 6 Pages Store No. Location/County I License No. ABCO Store #423 725 W. Apache Trail 09110062 Apache Junction 85220 Final , ABCO Store #425 4101 N. 28th Street 09070662 Phoenix. AZ 85016 Maricopa ABCO Store #427 1737 E. Broadway 09070665 Tempe, AZ 85282 Maricopa .♦ - ABCO Store #428 7336 E. Main 09070664 Mesa, AZ 85207 Maricopa ABCO Store #431 6660 W. Cactus 09070416 Glendale, AZ 85304 Maricopa 1 ABCO Store #432 1500 W. Warner 09070055 Gilbert, AZ 85233 Maricopa ABCO Store #433 4410 W. Union Hills 09070705 Glendale, AZ 85308 Maricopa ABCO Store #434 710 E. Union Hills 09070260 Phoenix. AZ 85024 Maricopa , ABCO Store #435 1334 East Chandler Blvd. 09070115 Phoenix, AZ 85048 Maricopa ABCO Store #436 822 S. Alma School 09070656 Mesa, AZ 85201 Maricopa ABCO Store #437 10720 W. Indian School Rd. 09070595 Phoenix, AZ 85039 Maricopa , ABCO Store #438 20165 N. 67th Ave. 09070113 Glendale. AZ 85308 Maricopa Updated January 18, 2000 Page 2 of 6 Pages Store No. Location/County License No. ABCO Store #439 3434 W. Greenway 09070647 Phoenix, AZ 85029 Maricopa ABCO Store #440 9028 West Union Hills 09070651 Peoria, AZ 85382 Maricopa ARCO Store #441 23425 N. 39th Ln. 09070653 Glendale, AZ 85310-5521 Maricopa ABCO Store #442 340 E. McDowell 09070110 Phoenix, AZ 85003 Maricopa ARCO Store #445 6730 W. Cameiback 09070648 Glendale. AZ 85303 Maricopa ABCO Store #446 13940 W. Meeker 09070124 Sun City West, AZ 85 375 Maricopa ABCO Store #447 2330 W. Bethany Home Road 09070697 Phoenix, AZ 85015 Maricopa ABCO Store #448 9301 E. Shea Blvd.. Suite 132 09070112 Scottsdale. AZ 85258 Maricopa ABCO Store #449 1849 W. Greenway Road : 09070663 Phoenix, AZ 85023 Maricopa ABCO Store #450 4625 E. Speedway 09100273 Tucson, AZ 85712 Pima ABCO Store #452 428 W. Valencia 09100242 Tucson, AZ 85706 Pima ABCO Store #453 6310 N. Oracle - 09100243 Tucson, AZ 85704 Pima Updated January 18, 2000 Page 3 of 6 Pages Store No. Location/CQUfltY License No. AB C O Store #454 2140 W. Grant 09100244 Tucson, AZ 85745 Pima ABCO Store #455 5555 E. River Rd 09100082 Tucson, AZ 85718 Pima ABCO Store #456 9125 E. Tanque Verde 09100241 Tucson. AZ 85749 Pima ABCO Store #457 13005 North Oracle Road 09100153 Oro Valley, AZ 85737 Pima w ABCO Store #458 3925 E. Grant 09100029 Tucson, AZ 85712 Pima ABCO Store #459 9705 N. Thornydale, Suite 100 09100033 Tucson, AZ 85742 Pima ABCO Store #460 9050 E. Valencia, Suite 100 09100022 Tucson, AZ 85747 Pima ABCO Store #470 115 E. Dunlap 09070117 Phoenix, AZ 85020 Maricopa 11755 N. 136th Street 09070128 ABCO Store #472 Scottsdale, AZ 85259 Maricopa ABCO Store #501 1519 W. Gurley Street 09130424 Prescott, AZ 86301 Yavapai ABCO Store #5022600 W. 16th Street 09140004 Yuma, AZ 85364 Yuma ABCO Store #503 85 S. Highway 92 09020051 Sierra Vista, AZ 8535 Cochise Updated January 1 8, 2000 Page 4 of 6 Pages I Store No. Locations County 1 License No. A.BCO Store #686 1740 W. Ajo Way 09100021 Tucson, AZ 85 713 Pima ABCO Store #691 7877 E. Broadway 09100024 Tucson, AZ 85 710 Pima ABCO Store #693 2039 W. Guadalupe 09070111 Mesa, AZ 85202 Maricopa ABCO Store #699 2000 E. Irvington 09100035 Tucson, AZ 85714 Pima ABCO O Store #702 725 W. Baseline 09070132 Tempe, AZ 85283 Maricopa ABCO Store #705 12801 W. Bell Rd 09070133 Surprise, AZ 85374 Maricopa ABCO Store #712 13802 N. Scottsdale 09070742 Scottsdale, AZ 85254 Marico.a w ABCO Store #714 15472 N. 99th Ave 09070121 Sun City, AZ 85351 Maricopa ABCO Store #715 1625 E. Glendale 09070122 Phoenix, AZ 85020 Maricopa ABCO Store #723 4722 E. Broadway 09100026 Tucson, AZ 85711 Pima ABCO Store #724 5540 E. 22nd Street 09100027 Tucson, AZ 85711 Pima I ABCO Store #729 101-10 W. Esperana 09100032 Green Valley, AZ 85614 Pima . Updated January 18, 2000 Page 5 of 6 Pages Store No. Location/County License No. ABCO Store #777 1675 W. Valencia 09100112 Tucson, AZ 85746 Pima ABCO Store #778 7177 E. Tanque Verde 09100036 Tucson, AZ 85715 Pima ABCO Store #779 1450 N. Dysart 09070700 Avondale, AZ 85323 Maricopa ABCO Store #780 9750 W. Peoria 09070120 Peoria, AZ 85 345 Maricopa ABCO Store #782 9460 E. Golf Links Dr. 09100019 Tucson, AZ 85730 Pima ABCO Store #790 3415 W. Glendale 09070114 Phoenix, AZ 85051 Marico.a Active as of 1/18/00 - 59 Inactive as of 1/18/00 - - 65 :\FLEMING\Mattus\LlauooMisc\LUQUOR.CHT adlic Updated January 18, 2000 Page 6 of 6 Pages I am the Agent of the Applicant.ABCO Food Group,Inc.for the foregoing list of Arizona stores and liquor licenses. rson E. Paulk • BCA raining • . lco�°�� C Cep{% �, se Print-r'''" A r _ , - ' Now plea Gf f s NameDate /l; � --:-/-LL-Y , aus�nes Training '?C� :7 ,t,n el ' QCD Concession• instructor C Ott $a1e 0 On-Sate a management Basic_Valid Years.from date i ss u s' Management-Valid lot 5 years rotdate ofs ue• SUSiTIOSS Council tor Alcohol Education 500st llornas Road. Suite 1� PtiodnX, 850126013 . .,...- ARIZONA PRICE IMPACT. L.L.C. (dba Food 4 Less) Schedule of Liquor Licenses Location/County License No. 245 East Bell Road 10073641 Phoenix, AZ 85022 Maricopa 240 West Warner Road 10073642 Chandler, AZ 85224 Maricopa • 5810 West Peoria Avenue 10073701 Glendale, AZ 85302 Maricopa J:\FLEMING\Matters\Liquoc\MattersXo-Op\M Price Impact chart MitCO FOOD GROUPS, INC. Schedule of Liquor Licenses Store No. Location/County 1 L. e No. 'll Simons Store #300 1045 South Gilbert 09070415 Mesa, AZ 85204 Maricooa ABCO Store #402 6750 W. Cameiback 09070644 Glendale, AZ 85303 Maricooa ARCO Store #405 7361 Via Paseo Del Sur 09070645 Scottsdale, AZ 85258 Maricora ABCO Store #410 5802 W. Thomas Rd. 09070650 Phoenix. AZ 85031 Maricopa ABCO Store #412 1845 N. Scottsdale . . 09070652 Scottsdale, AZ 85281 MaricoDa ABCO Store #414 4402 N. Miller 09070654 Scottsdale, AZ 85251 Maricopa ABCO Store #415 13440 N. 7th Street 09070655 Phoenix. AZ 85022 1 Maricooa , ABCO Store #418 2315 E. Bell Rd. 09070657 Phoenix, AZ 85022 MarlcoDa AB # 12415 N. Tatum 09070658 CO Store419 Phoenix, AZ 85028 Maricooa AB X --420 4430 E. Cameiback 09070659 CO Store Phoenix, AZ 85018 Maricopa Store #422 5521 N. 7th Street 09070660 ABCO � Phoenix. AZ 85014 Maricooa Updated January 18, 2000 Page 1 of 6 Pages Store No. Locationi C ountv License No. ABCO Store #423 725 W. Apache Trail 09110062 Apache Junction 85220 Pinal , ABCO Store #425 4101 N. 28th Street 09070662 Phoenix, AZ 85016 Maricopa ABCO Store #427 1737 E. Broadway 09070665 Tempe, AZ 85282 Maricopa ABCO Store #428 7336 E. Main 09070664 Mesa, AZ 85207 Maricopa ABCO Store #431 6660 W. Cactus 09070416 Glendale. AZ 85304 Maricopa 1500 W• Warner 09070055 ABCO Store #432 Gilbert, AZ 85233 , Marico•a ABCO Store #433 4410 W. Union Hills 09070705 Glendale, AZ 85308 Maricopa ABCO Store #434 710 E. Union Hills 09070260 Phoenix, AZ 85024 Maricopa ARCO Store #435 1334 East Chandler Blvd. 09070115 Phoenix, AZ 85048 Maricopa ABCO Store #436 822 S. Alma School 09070656 Mesa, AZ 85201 Marico•a ABCO Store #437 10720 W. Indian School Rd. 09070595 Phoenix, AZ 85039 Maricosa #43820165 N. 67th Ave. 09070113 ABCO Store Glendale, AZ 85308 Maricopa Updated January 18, 2CC0 Page 2 of 6 Pages Store No. Location/County License No. 1 ABCO Store #439 3434 W. Greenway 09070647 Phoenix. AZ 85029 Maricooa ABCO Store #440 9028 West Union Hills 09070651 Peoria. AZ 85382 Maricopa 23425 N. 39th Ln. 09070653 ABCO Store #441 __,� Glendale. AZ 85310-5521 2 1 Maricooa 340 E. McDowell 09070110 ABCO Store #442 . Phoenix. AZ 85003 Maricopa ABCO Store #445 6 730 W. Cameiback 09070648 Glendale. AZ 85303 Maricopa AB X 13 940 W. Meeker 09070124 CO Store #446 ' Sun City West, AZ 85375 Maricopa W. Bethany Store #447 2330 Home Road 09070697 ABCOPhoenix.� AZ 85 015 Maricopa Store #448 9301 E. Shea Blvd.. Suite 13/ 09070112 ABCOScottsdale. AZ 85258 Maricooa ABCO Store #4491849W W. Greenway Road 09070663Phoenix, AZ 85 023 Maricopa -- ABCO Store #450 4625 E. Speedway av 0910027 3 ,� Tucson. AZ 85712 12 Pima Store #452 428 W. Valencia 09100242 ABCOTucson, AZ 85706 Pima ABCO Store #453 6310 N. Oracle 09100243 Tucson. AZ 85704 Pima Updated January 18, 2000 Page 3 of 6 Pages , LocationiCounty License No. Store No. � Store #454 W. Grant 09100244 ABCO 2140 Tucson. AZ 85745 Pima Rd 09100082 Store #455 5555 E. River ABCO St Tucson. AZ 85718 Pima Tanque Verde 09100241 Store #456 q ABCO 9125 E. Tucson. AZ 85749 Pima re #457 13005 North Oracle Road 09100153 ABCO Store Oro Valley, AZ 85737 Pima ABCO Store #458 3925 E. Grant 09100029 Tucson. AZ 85712 Pima ABCO Store #459 9705 N. Thorny dale, Suite 100 09100033 Tucson, AZ 85742 f . Pima ABCO Store #460 9050 E. Valencia, Suite 100 09100022 Tucson. AZ 85747 Pima e #470 115 E. Dunlap 0907011.7 A.B C Q S for Phoenix. AZ 85020 Maricova ABCO Store #472 11755 N. 136`x` Street 09070128 Scottsdale, AZ 85259 Maricova e #501 1519 W. Gurley Street 09130424 ABCO Store Prescott. AZ 86301 Yavavai ABCO Store #502 2600 W. 16`h Street 09140004 Yuma. AZ 85364 Yuma tore #503 85 S. Highway 92 09020051 ABCO S Sierra Vista, AZ 8535 Cochise Updates January 18, 2000 Page 4 of 6 Pages Store No• 1 Location/C ounty 1 License No. 1 ARCO Store #686 1740 W. Ajo Way 09100021 Tucson. AZ 85713 Pima ABCO Store X691 7877 E. Broadway 09100024 Tucson. AZ 85710 Pima �— ABCO Store #693 2039 W. Guadalupe 09070111 Mesa, AZ 85202 Maric op a 2000 E. Irvington 09100035 ABCO Store #699 � Tucson. AZ 85714 Pima ABCO Store #702 725 W. Baseline 09070132 Tempe. AZ 85283 Maricot a 2801 W. Bell Rd 09070133 ABCO Store #705 1 , , Surprise. AZ 85374 . Maricot a N. Scottsdale 09070742 ABCO Store #712 13802 1 Scottsdale. AZ 85254 Maricopa ABCO Store #714 15472 N. 99th Ave 09070121 Sun City. AZ 85351 Maricona ABCO Store #715 1625 E. Glendale 09070122 � Phoenix. AZ 85020 MaricoDa ABCO Store #723 4722 E. Broadway 09100026 Tucson. AZ 85711 Pima Store #724 5540 E. 22nd Street 09100027 ABCOTucson. AZ 85711 Pima W. Es eranza 09100032 ABCO Store #729 101-10P Green Valley, AZ 85614 Pima Update° January 18, 2000 Page 5 of 6 Pages Store No. Locations C ounty 1 License No. � 091 112 ABCO Store 4777 77 1675 W. Valencia I Tucson. AZ 85746 Pima 7177 E. Tanque Verde 09100036 ABCO Store 77778 q Tucson. AZ 85715 Pima p7791450 N. Dysart 09070700 ABCO Store ^ Avondale. AZ 85323 Maricopa ABCO Store X780 9750 W. Peoria 09070120 Peoria, AZ 85345 Maricopa ABCO Store X782 9460 E. Golf Links D r. 09100019 Tucson. AZ 85730 Pima 3415 W. Glendale 09070114 ABCO Store #790 . , Phoenix, AZ 85051 . Maricopa Active as of 1/18/00 - 59 Inactive as of 1/18/00 - 6 -' 65 1:\FLEMING\Mza.,,,..auo„m'f'c\uQuoR.CHT adllc Updatea January 18, 2000 Page 6 of 6 Pages Response to question 4 16: I am an officer In the corporation, Arizona Price Impact. L.L.C., that holds the Food 4 Less Arizona liquor licenses on the attached list. ppq Upon issuance of the applicant's liquor licenses into the name of ABCO Food Group, Inc., I will be an officer on the attached list of ABCO liquor licenses. - 1 � Jame ' . aughan FLEMING COMPANIES, INC. Listing of violations Address Length of Fine Reason Date of Suspension Violation ABCO Foods #724 None $375 Case #0404-98C 5/13/98 5 540 E. 22nd Street Sale to minor Tucson, AZ 85711 ABCO Foods #436 None $650 Case #0243-99C 2/24/99 822 S. Alma School Sale to minor Mesa, AZ 85201 ABCO Foods #693 None $650 Case #0242-99C 2/24/99 2039 W. Guadalupe Sale to minor P Mesa, AZ 85202 ABCO Foods #448 Pending Case #00-00300 12/21/99 9301 E. Shea Blvd. Sale to minor Scottsdale. AZ 85258 J:\FLEMING\Matters,LiquorNatters\Violations;List ABCO MARKETS. INC. Listing of Violations ABCO M 'Markets. Inc.. #693 paid a tine in the amount of $1.000.00 for Compliance Case No. 066-89-C t,onsisting of Complaint. Consent Agreement and Order entered February 13. 1989. ABCO Markets.rkets. Inc. #427 paid a fine June 20. 1989. in the amount of $750.00 for Compliance Case No. 414-89-C. Markets, Inc. #428 paid a fine May 1. 1990, in the amount of $375.00 for ABCO �Iar Compliance Case No. 137-90-C. Markets. Inc. #436 paid a fine May 1. 1990, in the amount of $375.00 for ��B C O �1 ark Compliance Case No. 138-90-C. ABCO Markets, 781 paid a fine May i . 1990, in the amount of $375.00 for Inc.. Compliance Case No. 136-90-C. paid Markets, Inc.Inc #778 a fine April 19, 1991, in the amount of $375.00 for Compliance Case No. 177-91C. paid Markets. Inc.Inc #401 a fine September 9. 1993. in the amount of $500.00 for Compliance Case No. 166-93C. ABCO Markets. Inc. #724 was sent a warning letter on October 4. 1993 - no fine. paid Markets. Inc.Inc #686 a fine August 11. 1997 in the amount of $625.00 for Compliance Case No. 97-03687. paid Markets. Inc.Inc #456 a fine September 3. 1997 in the amount of $500.00 for Compliance Case No. 97-04265. ABCO Markets. Inc. #300 - violation of 10/10/97: consent agreement signed. fine paid in the amount of $625.00 for Compliance Case No. 97-05486. ABCO Markets. Inc. #428 - violation of 10/10/97: consent agreement signed, fine paid in the amount of $625.00 for Compliance Case_ No. 97-05476. ABCO FOOD GROUPS. INC. Schedule of Liquor Licenses Store No. Location/County I License No. Simons Store #300 1045 South Gilbert 09070415 Mesa, AZ 85204 Maricopa ABCO Store #402 6750 W. Camelback 09070644 Glendale, AZ 85303 Maricopa_ ABCO Store #405 7361 Via Paseo Del Sur 09070645 Scottsdale, AZ 85258 Maricopa ABCO Store #410 5802 W. Thomas Rd. 09070650 Phoenix, AZ 85031 Maricopa ABCO Store #412 1845 N. Scottsdale 09070652 Scottsdale, AZ 85281 Maricopa ABCO Store #414 4402 N. Miller 09070654 Scottsdale, AZ 85251 Maricopa ABCO Store #415 13440 N. 7th Street 09070655 Phoenix. AZ 85022 Maricopa ABCO Store #418 2315 E. Bell Rd. 09070657 Phoenix, AZ 85022 Maricopa ABCO Store #419 12415 N. Tatum 09070658 Phoenix, AZ 85028 Maricopa ABCO Store #420 4430 E. Camelback 09070659 Phoenix, AZ 85018 Maricopa ABCO Store #422 5521 N. 7th Street 09070660 Phoenix, AZ 85014 Maricopa Updated January 18, 2000 Page 1 of 6 Pages 4 LocationiCountyLicense No. Store No. ABCO Store # 423 725 W. Apache Trail 09110062 Apache Junction 85220 Pinal ABCO Store #425 4101 N. 28th Street 09070662 Phoenix, AZ 85016 Maricopa ABCO Store #427 1737 E. Broadway 09070665 Tempe, AZ 85282 Maricopa ABCO Store #428 7336 E. Main 09070664 Mesa, AZ 85207 Maricopa ABCO Store #431 6660 W. Cactus 09070416 Glendale, AZ 85304 Maricopa 1500 W. Warner 09070055 ABCO Store #432 Gilbert, AZ 85233 Maricopa ABCO Store #433 4410 W. Union Hills 09070705 Glendale, AZ 85308 Marico a ABCO Store #434 710 E. Union Hills 09070260 Phoenix, AZ 85024 Maricopa ABCO Store #435 1334 East Chandler Blvd. 09070115 Phoenix, AZ 85048 Maricopa ABCO Store #436 822 S. Alma School 09070656 Mesa, AZ 85201 Marico•a ABCO Store #437 10720 W. Indian School Rd. 09070595 Phoenix, AZ 85039 Maricopa ABCO Store #438 20165 N. 67th Ave. 09070113 Glendale, AZ 85308 Maricopa Updated January 18, 2000 Page 2 of 6 Pages Store No. Location/County License No. 11 ABCO Store #439 3434 W. Greenway 09070647 Phoenix, AZ 85029 Maricopa ABCO Store #440 9028 West Union Hills 09070651 Peoria. AZ 85382 Maricopa ABCO O Store #441 23425 N. 39th Ln. 09070653 Glendale, AZ 85310-5521 Maricopa ABCO Store #442 340 E. McDowell 09070110 Phoenix, AZ 85003 Maricopa ABCO Store #445 6730 W. Cameiback 09070648 Glendale, AZ 85 303 Maricopa Store #446 13940 W. Meeker 09070124 ABCO Sun City West, AZ 85375 Maricopa ABCO Store #447 2330 W. Bethany Home Road 09070697 Phoenix, AZ 85015 Marico a ABCO Store #448 9301 E. Shea Blvd.. Suite 132 09070112 Scottsdale. AZ 85258 Maricopa ABCO Store #449 1849 W. Greenway Road 09070663 Phoenix, AZ 85023 Maricopa ABCO Store #450 4625 E. Speedway 09100273 Tucson, AZ 85712 Pima ABCO Store #452 428 W. Valencia 09100242 Tucson, AZ 85706 Pima #453 6310 N. Oracle ABCO Store 09100243. Tucson, AZ 85704 Pima Updated January 18, 2000 Page 3 of 6 Pages f4 Store No. Location/County License No. ABCO Store #454 2140 W. Grant 09100244 Tucson, AZ 85745 Pima ABCO Store #455 5555 E. River Rd 09100082 Tucson, AZ 85718 Pima ABCO Store #456 9125 E. Tanque Verde 09100241 Tucson, AZ 85749 Pima ,._. ABCO Store #457 13005 North Oracle Road 09100153 Oro Valley, AZ 85737 Pima ABCO Store #458 3925 E. Grant 09100029 Tucson, AZ 85712 Pima ABCO Store #459 9705 N. Thornydale, Suite 100 09100033 Tucson, AZ 85742 . Pima ABCO Store #460 9050 E. Valencia, Suite 100 09100022 Tucson, AZ 85747 Pima 115 E. Dunlap Store #470 09070117 Phoenix, AZ 85020 Maricopa 11755 N. 136th Street : 09070128 ABCO Store #472 Scottsdale, AZ 85259 Marko a ABCO Store #501 1519 W. Gurley Street 09130424 Prescott, AZ 86301 YavaDai ABCO Store #502 2600 W. 16`h Street 09140004 Yuma, AZ 85364 Yuma • ABCO Store #503 85 S. Highway 92 09020051 Sierra Vista, AZ 8535 Cochise Updated January 18, 2000 Page 4 of 6 Pages • Store oto• Location/County License No. ABCO Store #686 1740 W. Ajo Way 09100021 Tucson, AZ 85713 Pima ABCO Store #691 7877 E. Broadway 09100024 Tucson, AZ 85710 Pima ABCO Store #693 2039 W. Guadalupe 09070111 Mesa, AZ 85202 Maricopa ABCO Store #699 2000 E. Irvington 09100035 Tucson, AZ 85714 Pima ABCO Store #702 725 W. Baseline 09070132 Tempe, AZ 85283 Maricopa 12801 W. Bell Rd 09070133 ABCO Store #705 Surprise, AZ 85 374 Marico•a ABCO Store #712 13802 N. Scottsdale 09070742 Scottsdale. AZ 85254 Maricosa ABCO Store #714 15472 N. 99th Ave 09070121 Sun City. AZ 85351 Maricopa ABCO Store #715 1625 E. Glendale 09070122 Phoenix. AZ 85020 Maricopa ABCO Store #723 4722 E. Broadway 09100026 Tucson. AZ 85711 Pima ABCO Store #724 5540 E. 22nd Street 09100027 Tucson, AZ 85711 Pima 101-10 W. Esanza 09100032 Esperanza Store #729 P Green Valley, AZ 85614 Pima U pdatea January 18, 2000 Page 5 of 6 Pages Store No. Lt)Cat1QII/C UUIItv License No. ABCO Store #777 1675 W. Valencia 09100112 Tucson, AZ 85746 Pima ABCO Store #778 7177 E. Tanque Verde 09100036 Tucson, AZ 85715 Pima ABCO Store #779 1450 N. Dysart 09070700 Avondale, AZ 85323 Maricopa ABCO Store #780 9750 W. Peoria 09070120 Peoria, AZ 85345 Maricopa ABCO Store #782 9460 E. Golf Links Dr. 09100019 Tucson, AZ 85730 Pima #790 3415 W. Glendale 09070114 , ABCO Store , Phoenix, AZ 85051 Maricopa Active as of 1/18/00 - 59 Inactive as of 1/18/00 - 65 1:\FLEMING\Maatn\L►auor\Misc\UQUOR.CHT adlic Updated January 18, 2000 Page 6 of 6 Pages Attachment for questions 414 and 416: From January 1991 through December, 1996 I was Vice President and an Officer at City Market, Inc. in Grand Junction, Colorado, a subsidiary of Kroger Company. I was listed and wasart of the filingfor alcoholic beverage licenses in the state of Colorado. I am unaware P of any liquor violations during my employment. r Dated: f 1 4 -1 A 2� Stan ey W. if p-hens �V1 3 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: April 5, 2000 TO: HONORABLE MAYOR & COUNCIL FROM: Shirley Seng, Interim Utility Director SUBJECT: Ordinance No. (0)00-11 Amending the Development Impact Fee Relating to the Town of Oro Valley Water Utility Potable Water System; And Amending Sections 15-17-5 and 15-17-10 of the Oro Valley Water Code SUMMARY: On February 2, 2000, the Town Council adopted Resolution No. (R)00-06 which provided notice of intent to increase potable water system development impact fees for the Oro Valley Water Utility. A Town Council study session was held on March 6, 2000 in which the design of the proposed impact fees and financing issues were discussed in detail. In accordance with state statutes, a public hearing was held on March 15, 2000 to receive public comments and further address concerns of the Council. In Addition, the proposed increase in impact fees was presented to the Water Utility Commission on several occasions during the iterative process of developing the fees. If the Council adopts Ordinance No. (0)00-11 this evening, the modified impact fees will take effect in 90 days or on July 5, 2000. FISCAL IMPACT: The proposed increase in development impact fees will provide the revenue necessary for the utility to build infrastructure to meet the needs of future customers. COMMISSION RECOMMINDATION: The Water Utility Commission respectfully recommends approval of Ordinance No. (0) 00-11 amending the development impact fees as detailed in Attachment #5 containing the fee structure titled Case 3B. STAFF RECOMMINDATIONS: Staff concurs with the Water Utility Commission recommendation. SUGGESTED MOTION: I move to approve Ordinance No. (0)00-11 Amending the development impact fee relating to the Town of Oro Valley Water Utility potable water system and amending sections 15-17-5 and 15-17-10 of the Oro Valley Water Code as originally submitted and detailed in Attachment #1. OR I move to approve Ordinance No. (0)00-11 Amending the development impact fee relating to the Town of Oro Valley Water Utility potable water system and amending sections 15-17-5 and 15-17-10 of the Oro Valley Water Code as indicated in Attachment # which includes the fee structure titled Case • TOWN OF ORO VALLEY COUNCIL COMMUNICATION PAGE 2 OF 2 ATTACHMENTS: Ordinance No. (0) 00-11 Attachment #1 which includes the fee structure as originally submitted Attachment #2 which includes the fee structure titled Case 1 Attachment #3 which includes the fee structure titled Case 2 Attachment #4 which includes the fee structure titled Case 3 Attachment #5 which includes the fee structure titled Case 3B Summary of fee scenarios Report in Support of Potable Water System Development Impact Fees dib 1 . \2.sfiLD Interim Water Uti •ty Director Town Manager ORDINANCE NO. (0) 00-11 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AMENDING THE DEVELOPMENT IMPACT FEE RELATING TO THE TOWN OF ORO VALLEY WATER UTILITY POTABLE WATER SYSTEM; AND AMENDING SECTIONS 15-17-5 AND 15-17-10 OF THE ORO VALLEY WATER CODE. WHEREAS, the Town adopted a"hook-up fee" (also sometimes referred to as a "connection fee") as a development impact fee pursuant to A.R.S. § 9-463.05 on November 6, 1996, by Ordinance No. (0) 96-44, codified in the Town Code (Water Code) at Sections 15-17-5 and 15-17-10; and WHEREAS,the Town believes the so-called "hook-up fee" or "connection fee" would be more accurately referred to as the "Potable Water System Development Fee;" and WHEREAS, on January 19, 2000, the Town completed a comprehensive study of the Town's potable water system infrastructure and adopted a Potable Water System Master Plan by Resolution No. (R) 00-05; and WHEREAS, the existing Potable Water System Development Fee is not adequate to cover the Town's costs of constructing the Town's potable water system infrastructure as identified in the Potable Water System Master Plan; and WHEREAS, on February 2, 2000, the Town adopted Resolution No. (R) 00-06, providing public notice of its intent to increase the Potable Water System Development Fee and setting a March 15, 2000 public hearing to consider the increased fee; and WHEREAS, at all times since February 2, 2000, a report entitled"Potable Water System Development Impact Fees,"which explains the basis of the proposed increased fee, has been on file with the Town and available for public review and comment; and WHEREAS, the Town held a March 15, 2000 public hearing on the proposed increase in the Potable Water System Development Fee; and WHEREAS, the Potable Water System Development Fee adopted pursuant to this Ordinance has been determined after giving due consideration to proposed modifications and adjustments suggested and proposed through the public hearing process. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Oro Valley, that the Potable Water System Development Fee is amended and incorporated into the Town Code (Water Code) of the Town of Oro Valley as follows: SECTION 1: Oro Valley Town Code (Water Code) Section 15-17-10 is amended by striking that section. SECTION 2: Oro Valley Town Code (Water Code) Section 15-17-5 is amended by striking that section and inserting the following attachment. SECTION 3: The various Town officers and employees are authorized and directed to perform all acts necessary or desire to give effect to this Ordinance and to make interpretations of it. SECTION 4: If any section, subsection, sentence, clause,phrase or portion of this Ordinance is for any reason found to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. SECTION 5: In accordance with A.R.S. § 9-463.05, this Ordinance shall not be effective until 90 days after the date set forth below. SECTION 6: Pursuant to A.R.S. § 41-1346, the governing body of each county, city, town, or other political subdivision shall maintain efficient record management for local public records and it has been determined that this Ordinance is a public record and three copies of said Ordinance are to remain on file with the Town Clerk of Oro Valley. PASSED AND ADOPTED by Mayor and Town Council, the Town of Oro Valley, Arizona, this 5th day of April, 2000. TOWN OF ORO VALLEY ATTEST: Paul H. Loomis, Mayor Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Dan L. Dudley, Town Attorney ATTACHMENT NO. 1 AS-SUBMITTED Potable Water System Development Impact Fee Schedule Single-Family *Commercial/ Irrigation(non-turf) Meter Size Residential Fees Industrial Fees Meter Fees 5/8" $2,022 $4,650 $3,639 1" $5,055 $11,625 $9,097 1 1/2" $10,110 $23,250 $18,195 2" $16,176 $37,200 $29,112 3" ---- $74,400 $58,224 4" ---- $116,250 $90,975 6" ---- $232,500 $181,950 8" ---- $465,000 $363,900 The meter component of the fee for master-metered residential uses is the higher of$950 per unit or the single-family residential fee(s) for the master meter(s)* Individually metered residential units shall pay the single-family residential fee for each meter. Turf usage fee is $20,916 per acre of turf * The total Potable Water System Development Fee for commercial/industrial and master- metered residential uses is the sum of the meter component set forth above and the following supplemental fee based on fire flow for uses requiring more than 1,000 gpm of fire flow(based on the total area of development and the fire flow requirement as determined by the Fire Department): Fire-Flow Requirement SDIFs 1,001 - 1,500 gpm $3,230/meter 1,501 -2,000 gpm $14,847/meter 2,001 -2,500 gpm $26,151 /meter For residential uses, this fee shall be paid when construction permits are issued. For all other uses, this fee shall be paid when a water meter is obtained. If water system enhancements are required in order to have sufficient capacity to provide water to a development which will be served pursuant to a line extension agreement, the line extension agreement may provide either that the developer pay the full fee provided by this section at the time of entering into the line extension agreement or that the develop construct all system enhancements needed to serve the development which is the subject of the line extension agreement. Revised 3/8/00 ATTACHMENT NO. 2 CASE 1 Potable Water System Development Impact Fee Schedule Single-Family *Commercial/ Irrigation(non-turf) Meter Size Residential Fees Industrial Fees Meter Fees 5/8" $1,935 $4,450 $3,483 1" $4,838 $11,125 $8,708 1 1/2" $9,675 $22,250 $17,415 2" $15,480 $35,600 $27,864 3" ---- $71,200 $55,728 4" ---- $111,250 $87,075 6" ---- $222,500 $174,150 8" ---- $445,000 $348,300 The meter component of the fee for master-metered residential uses is the higher of $909 per unit or the single-family residential fee(s) for the master meter(s)* Individually metered residential units shall pay the single-family residential fee for each meter. Turf usage fee is $20,017 per acre of turf * The total Potable Water System Development Fee for commercial/industrial and master- metered residential uses is the sum of the meter component set forth above and the following supplemental fee based on fire flow for uses requiring more than 1,000 gpm of fire flow(based on the total area of development and the fire flow requirement as determined by the Fire Department): - i Fire-Flow Requirement SDIFs 1,001 - 1,500 gpm $3,230/meter 1,501 -2,000 gpm $14,847/meter 2,001 -2,500 gpm $26,151 /meter For residential uses, this fee shall be paid when construction permits are issued. For all other uses, this fee shall be paid when a water meter is obtained. If water system enhancements are required in order to have sufficient capacity to provide water to a development which will be served pursuant to a line extension agreement, the line extension agreement may provide either that the developer pay the full fee provided by this section at the time of entering into the line extension agreement or that the develop construct all system enhancements needed to serve the development which is the subject of the line extension agreement. Revised 3/8/00 ATTACHMENT NO. 3 CASE 2 Potable Water System Development Impact Fee Schedule Single-Family *Commercial/ Irrigation(non-turf) Meter Size Residential Fees Industrial Fees Meter Fees 5/8" $1,585 $3,645 $2,853 1" $3,963 $9,113 $7,133 1 1/2" $7,925 $18,225 $14,265 2" $12,680 $29,160 $22,824 3" ---- $58,320 $45,648 4" ---- $91,125 $71,325 6" ---- $182,250 $142,650 8" ---- $364,500 $285,300 The meter component of the fee for master-metered residential uses is the higher of$745 per unit or the single-family residential fee(s) for the master meter(s)* Individually metered residential units shall pay the single-family residential fee for each meter. Turf usage fee is $16,396 per acre of turf * The total Potable Water System Development Fee for commercial/industrial and master- metered residential uses is the sum of the meter component set forth above and the following supplemental fee based on fire flow for uses requiring more than 1,000 gpm of fire flow (based on the total area of development and the fire flow requirement as determined by the Fire Department): Fire-Flow Requirement SDIFs 1,001 - 1,500 gpm $3,230/meter 1,501 -2,000 gpm $14,847/meter 2,001 -2,500 gpm $26,151 /meter For residential uses, this fee shall be paid when construction permits are issued. For all other uses, this fee shall be paid when a water meter is obtained. If water system enhancements are required in order to have sufficient capacity to provide water to a development which will be served pursuant to a line extension agreement, the line extension agreement may provide either that the developer pay the full fee provided by this section at the time of entering into the line extension agreement or that the develop construct all system enhancements needed to serve the development which is the subject of the line extension agreement. Revised 3/8/00 ATTACHMENT NO. 4 CASE 3 Potable Water System Development Impact Fee Schedule Single-Family *Commercial/ Irrigation(non-turf) Meter Size Residential Fees Industrial Fees Meter Fees • 5/8" $1,737 $3,995 $3,126 1" $4,343 $9,988 $7,815 1 1/2" $8,685 $19,975 $15,630 2" $13,896 $31,960 $25,008 3" ---- $63,920 $50,016 4" ---- $99,875 $78,150 6" ---- $199,750 $156,300 8" ---- $399,500 $312,600 The meter component of the fee for master-metered residential uses is the higher of$816 per unit or the single-family residential fee(s) for the master meter(s)* Individually metered residential units hall pay the single-family residential fee for each meter. Turf usage fee is $17,968 per acre of turf * The total Potable Water System Development Fee for commercial/industrial and master- metered residential uses is the sum of the meter component set forth above and the following supplemental fee based on fire flow for uses requiring more than 1,000 gpm of fire flow(based on the total area of development and the fire flow requirement as determined by the Fire Department): Fire-Flow Requirement SDIFs 1,001 - 1,500 gpm $3,230/meter 1,501 -2,000 gpm $14,847/meter 2,001 -2,500 gpm $26,151 /meter For residential uses, this fee shall be paid when construction permits are issued. For all other uses, this fee shall be paid when a water meter is obtained. If water system enhancements are required in order to have sufficient capacity to provide water to a development which will be served pursuant to a line extension agreement, the line extension agreement may provide either that the developer pay the full fee provided by this section at the time of entering into the line extension agreement or that the develop construct all system enhancements needed to serve the development which is the subject of the line extension agreement. Revised 3/8/00 ATTACHMENT NO. 5 CASE 3B Potable Water System Development Impact Fee Schedule Single-Family *Commercial/ Irrigation(non-turf) Meter Size Residential Fees Industrial Fees Meter Fees 5/8" $1,774 $4,080 $3,193 1" $4,435 $10,200 $7,983 1 1/2" $8,870 $20,400 $15,965 2" $14,192 $32,640 $25,544 3" ---- $65,280 $51,088 4" ---- $102,000 $79,825 6" ---- $204,000 $159,650 8" ---- $408,000 $319,300 The meter component of the fee for master-metered residential uses is the higher of$834 per unit or the single-family residential fee(s)for the master meter(s)* Individually metered residential units shall pay the single-family residential fee for each meter. Turf usage fee is $18,351 per acre of turf * The total Potable Water System Development Fee for commercial/industrial and master- metered residential uses is the sum of the meter component set forth above and the following supplemental fee based on fire flow for uses requiring more than 1,000 gpm of fire flow(based on the total area of development and the fire flow requirement as determined by the Fire Department): Fire-FIow Requirement SDIFs 1,001 - 1,500 gpm $3,230/meter 1,501 -2,000 gpm $14,847/meter 2,001 -2,500 gpm $26,151 /meter For residential uses, this fee shall be paid when construction permits are issued. For all other uses, this fee shall be paid when a water meter is obtained. If water system enhancements are required in order to have sufficient capacity to provide water to a development which will be served pursuant to a line extension agreement, the line extension agreement may provide either that the developer pay the full fee provided by this section at the time of entering into the line extension agreement or that the develop construct all system enhancements needed to serve the development which is the subject of the line extension agreement. Revised 3/8/00 ORO VALLEY WATER UTILITY POTABLE WATER SYSTEM DEVELOPMENT IMPACT FEES SUMMARY OF FEE SCENARIOS (Fees relative to typical single family residential meter— 5/8"x 3/4") Scenario Build-Out Interest EDU G.C. Total Period Rates Fee Fee Fee Report as Submitted 49 years 7.0/8.5 $1,934 $88 $2,022 Case 1 49 years 7.0/7.5 $1,847 $88 $1,935 Case 2 22 years 7.0/7.5 $1,497 $88 $1,585 Case 3 34 years 7.0/7.5 $1,649 $88 $1,737 Case 3B 34 years 7.0/7.5 $1,686 $88 $1,774 REPORT IN SUPPORT OF POTABLE WATER SYSEM DEVELOPMENT IMPACT FEES POTABLE WATER SYSTEM DEVELOPMENT IMPACT FEES Prepared for: TOWN OF ORO VALLEY WATER UTILITY DEPARTMENT Prepared hl': TOWN OF ORO VALLEY STAFF David Hook, P.E., Water Utility Director David Andrews, Finance Director Dan Dudley, Town Attorney Jeff Weir, C.E.D., Economic Development Administrator WESTLAND RESOURCES, INC. Mark Taylor. P.E., Principal Thom Martinez, P.E., Senior Project Engineer GUST ROSENFELD, P.L.C. Frank Cassidy, Attorney at Law Thomas Burke. Attorney at Law PEACOCK. HISLOP, STALE\'& GIVEN, INC. Jim Stricklin, Managing Director Mark Reader, Managing Director Bryan Lunberg, Assistant Vice President FEBRUARY 2,2000 • TABLE OF CONTENTS I. INTRODUCTION I I. METHODOLOGY 3 III. POTABLE WATER SYSTEM DEVELOPMENT IMPACT FEE SCHEDULE 5 IV. WATER SYSTEM DEVELOPMENT IMPACT FEE CALCULATIONS 6 Step I - Total Infrastructure Requirement Cost 6 Step 2 - Develop Standard Water Usage Based Upon Categories 6 Step 3 - Develop and Tabulate EDUs 7 Step 4 - Develop Standard Cost per EDU 7 Step 5 —Cost of Financing 7 Step 6 — Determine Method for Allocating Development Fees 8 Step 7 — Water System Development Impact Fee Calculations 8 Step 8— Multi-family System Development Impact Fees 9 Step 9 - Turf System Development Impact Fee 9 Step 10— Fire-flow System Development Impact Fee 9 Appendix A— Financial Analysis and Requirements I. INTRODUCTION .ilie Town of Oro Valley has recently adopted a Potable Water System Master Plan (PWMP). The PWMP projects existing land uses, future populations, water system demands, and infrastructure requirements for the potable water system. The infrastructure requirements were separated into two distinct categories: existing and future infrastructure requirements based upon population and land use projections. The existing system requirements were developed based upon the existing units currently being served and the existing platted lots not yet connected to the system. The existing connections and platted units were considered existing demand. and the analysis of the infrastructure requirements for these facilities were determined based upon a higher level of water service to customers. The cost burden of these facilities will be recovered from existing rate pliers, with two exceptions. The first exception is the infrastructure facilities required to serve the existing golf courses. To meet the new water system design criteria proposed in the PWMP, these additional facilities will be funded as existing system upgrades. It is anticipated that the existing golf courses will be transferred to alternative water resources within the next five years. The facilities previously used to supply the golf courses will be available to serve future growth. The cost of these facilities, minus depreciation, will be for the benefit of future customers and are included in the system development impact fees. The second exception is a portion of the existing platted lots which will eventually be developed after the new system development impact fees are adopted. It is anticipated that potable water system development impact fees will be in effect beginning June 2000. It is anticipated that approximately 1,000 platted, undeveloped lots will be connected to the system after this date. The 1,000 lots and corresponding infrastructure cost will be transferred to future development and are included in the water system impact fee calculations. in accordance with Table 17 of the Water Master Plan. Future System Buildout Summary, it is anticipated that there will be approximately 15,135 additional single-family units. 5.064 additional multi-family units, and 1.546 additional acres of commercial/industrial facilities. As developed within the PWMP, infrastructure requirements for these facilities are estimated to cost approximately $27.25 million and be built within the next 20 years to accommodate projected growth. The Oro Valley Water Utility (OVWU) has maintained a policy that growth pays for itself. In order to maintain this policy, the potable water system development impact fee has been developed in accordance with the philosophy that growth pays for itself and the cost burden for infrastructure required by future development be placed upon future development. The development impact fees have been developed so the cost allocations are distributed proportionally to the required facilities attributed to the development. Proportionality of the costs are generally based upon assessing standard water usages for single-family C`,WINDOWS\TEMP\impact tee repon doe residential units, multi-family residential units, commercial/industrial, irrigation, and turf users. The impacts fees will be collected based upon typical water usages for these categories. The design of the potable water system is based upon the anticipated water usages for different categories of development. 1he higher the water usage of a facility, the higher the cost will be to serve such facilities, hence a higher impact fee for larger users. WINDOWS\TEMP\impactfee report doc II. METHODOLOGY The method selected for allocating water system costs between different types of users is to develop equivalent dwelling units (EDUs). EDUs standardize water usage types based upon the average consumption of equivalent residential units. This method of standardization is based upon average daily demand for single-family units, multi-family units, commercial/industrial facilities, irrigation, and turf users. This allocation method includes the following steps: Determine the total infrastructure requirement costs due to future growth to be repaid by water system development impact fees. Develop separate categories of usage and estimate the average daily usage per unit based upon historic usage and/or general planning numbers. 3. Develop and tabulate EDUs for each water usage type and sum the total EDUs required for the system at buildout. 4. Develop a standard cost per EDU based upon the total cost divided by the total EDUs served. 5. Add debt service, cost of issuance, and underwriting fees to base infrastructure fees to develop total water system costs for development of an impact fee schedule. 6. Determine a method for allocating costs to future customers (i.e., charge impact fees based upon user types - the fees can be based upon meter size, acreage of development, per unit, or per fixture unit). The method for assessing standard development fees should be based upon factors such as: closely related to use and demand, easily understood by customers, and ease of implementation. 7. For fees based upon meter size (i.e., single-family residential, commercial/industrial, and irrigation [non-turf] fees) determine the typical water usage differences between user types for each meter size. The usages are based on historic water usage for different type users usingthe same meter size. Develop meter ratios based upon typical water usage within the same class of customer for different meter sizes. 8. Develop multi-family hook-up fees based upon a multiplier of multi-family usage to the standard usage of a single-family EDU to develop a cost per unit. 9. Develop a turf system development impact fee based upon standard usage of turf as a factor of EDUs. Convert the cost to a fee per acre of turf. C'`WINDOWS\TEMP\impact tee report ooc 3 10. Develop a lire-flow system development impact fee for commercial/industrial and multi-family units to allocate larger reservoir capacity for fire flows greater than the standard 1,000 gallons per minute (gpm) for residential development. Fire-flow system development fees should be allocated based upon the fire-flow requirements of the facility. F=ire-clow requirements above those generally provided for residential unit facilities range from 1,500 to 2,500 gpm within the Oro Valley system. c''W 1 NDOW S\TEMP\imp.ct tee report doc; 4 III. POTABLE WATER SYSTEM DEVELOPMENT IMPACT FEE SCHEDULE Potable Water System v Development Impact Fee Schedule Single-Family *Commercial/ Irrigation (non-turn Meter Size Residential Fees Industrial Fees Meter Fees 5/8" $2,022 $4,650 $3,639 I" $5,055 $1 1,625 $9,097 1 1/2" $10,110 $23,250 $18,195 2" $16,176 $37,200 $29,112 3" ---- $74,400 $58,224 4" ---- $116,250 $90,975 6" ---- $232,500 $181,950 8" ---- $465,000 ' $363,900 * The total impact fee for commercial/industrial and multi-family/condo consist of the total of the meter fee, plus the tire flow fees. * Multi-family/Condo = $950/unit (master metered) Turf Usage = $20,916/acre of turf Fire-flow Fees = Commercial/Industrial,Multi-family and other users requiring more than 1,000 tipm fire-tlow. (based upon the total area of development and fire-clow requirement by the Fire Department) Fire-Flow Requirement SDIFs 1,001 - 1,500 gpm $3,230/meter 1.501 - 2,000 gpm ! $14,847 /meter 2,001 - 2,500 gpm $26,151 /meter C`WINDOWS\TEMP\impact fee report dot 5 IV. WATER SYSTEM DEVELOPMENT IMPACT FEE CALCULATIONS STEP 1 - TOTAL INFRASTRUCTURE REQUIREMENT COST The future development requirements listed in the Town of Oro Valley Potable Water System Master Plan must be adjusted to allocate responsibility of individual development types to pay their fair share of required infrastructure cost components. The existing facilities initially to serve existing golf courses, but which will ultimately be used by future development at buildout, have been allocated to future development based upon depreciated infrastructure values. The 1,000 platted units included within the existing facility projections (committed demand) will be required to pay the new hook-up fees after June '000. An additional adjustment was made which excluded the units in the Tucson Water system, which may he acquired by the OVWU. It is assumed that these improvements will be paid for by separate funding. An exclusion was also made for facilities requiring fire flows above 1,000 gpm. The fire-flow infrastructure requirements of 51.18 million will be assessed through the fire-flow system development fee based upon per-meter costs, not EDUs. Future Development Requirement $27.25 M Existing Golf Course Infrastructure 2.26 M 1,000 platted units to be built after June 2000 (S1,120/unit) 1.12 NI COST TO BE RECOVERED SUBTOTAL $30.63 M Units within Tucson Water Service Area (623 units x $1,120/unit) $ 0.70 M Fire Flow Infrastructure (CommiApts) 1 .18 M 528.75 STEP 2 - DEVELOP STANDARD WATER USAGE BASED UPON CATEGORIES The following average usage for single-family, multi-family, and commercial/industrial users is based upon historic and projected Arizona Department of Water Resources (ADWR) usage for future units. The master plan water usages include approximately five percent for irrigation. irrigation usage has been subtracted from the master plan numbers and inserted separately as irrigation meters usage. System Usage Including Five Percent for Irrigation: Single-family = 286 gallons per unit per day(gpud) Multi-family = 136 gpud Commercial/Industrial = 1,200 gallons per acre per day (gpad) C\WINDOWS\TEMP\imdact tee report doc System Usage Excluding Five Percent for Irrigation: Single-family = 272 gpud Multi-family = 129 gpud Commercial/l ndustrial = 1,140 gpad STEP 3 - DEVELOP AND TABULATE EDUs The single-family number of units is based upon the master plan projection of 15,135 additional single- family units, adding the (1,000) platted but non-connected units after June 2000, and subtracting the Tucson Water service area (623 units); providing a total of 15,512 projected units. The EDU for multi- family and commercial/industrial is based upon water usage divided by the single-family usage. Growth Water Total Usage Type (to buildout) Usage EDU EDUs Single-Family 15,512 units 272 gpud 1.0 15,512 Multi-Family 5,064 units 129 gpud 0.47 2,380 Commercial 1,546 acres 1,140 gpad 4.20 6,493 Irrigation Meter(non-tura 5°'o of usage NA NA 1,283 TOTAL ---- ---- ---- 25,668 STEP 4 - DEVELOP STANDARD COST PER EDU The cost per EDU is calculated by dividing the total cost of the future infrastructure requirements (as developed in Step 1) divided by the total EDUs developed in Step 3. Cost per EDU = $28.75 M / 25,668 = $1,120/ EDU (without financing costs) The average cost per EDU will be used for the system development fee base rate factors. This system development fee will be consistent over the buildout period with the exception for future cost escalations and growth adjustments. STEP 5 — COST OF FINANCING In order to provide the funds necessary to build the future infrastructure requirements, tax-exempt revenue bonds are projected to be issued in four installments with principal and interest to be repaid over 30 years. It is expected that each bond issue will be amortized over a 10- to 15-year period. `,WINDOWS\TEMP\Impact tee report doc 7 The bonds will be repaid primarily from revenues collected from system development fees. The cost per EDU must be adjusted to include financing costs (i.e., legal fees, underwriting fees, and interest). The cost per EDU. increased from $1,120 per EDU to $2,022 per EDU due to financing costs. The cost of fire flow infrastructure, increased from $1.18 million to $2.51 million due to financing costs (see Appendix A). STEP 6 — DETERMINE METHOD FOR ALLOCATING DEVELOPMENT FEES Based upon historic water usage within the OVWU, a system development hook-up fee based upon meter size for single-family residential, commercial/industrial, and irrigation (non-turf) fees is considered appropriate and proportional to actual usage. The fees will be charged based upon meter size and usage type for these categories. Multi-family hook-up fees will be based upon a per-unit cost for multi-family, condos, and master-metered facilities. This is due to multi-family facilities generally served by a master- metered system and a per-meter hook-up fee would not be applicable to usage. Turf system development fees will be based upon standard water usage in accordance with ADWR requirements for acreage and turf areas. Fire-flow system development fees are estimated based upon a per-meter hook-up and varying with the fire-flow requirement as dictated by the appropriate fire protection agency. STEP 7 —WATER SYSTEM DEVELOPMENT IMPACT FEE CALCULATIONS The single-family residential fee is based upon the EDU costs previously calculated. Based upon historic water usage for different type of users using the same meter size, commercial/industrial water usages are typically 2.3 times higher than the water usage for the same size, single-family residential meter. In addition, irrigation (non-turf) users typical comsumption is approximately 1.8 times higher than the consumption of standard single-family residential users for the same meter size. These factors were developed to properly proportion the cost for commercial/industrial and irrigation fees. The increase in all categories, based upon meter size, is developed from the American Water Works Association (AWWA) Manual No. 6 for meter ratios. The ratios are standard increases based upon standard meter capacities and typical usage for the meter sizes. Irrigation AWWA M6 S.F. Residential Comm/Ind Fees (non-turf) Fees Meter Size Meter Ratio Fees(1.0 factor) (2.3 factor) (1.8 factor) 5/8" 1.0 $2,022 $4,650 $3,639 1" 2.5 $5,055 $1 1,625 $9,097 1 1/2" 5.0 $10,110 $23,250 $18,195 2" 8.0 S16,176 S37,200 S29,112 3" 16.0 ---- $74,400 $58,224 4" 25.0 ---- r $116,250 $90,975 6" 50.0 ---- $232,500 $181,950 8" 100.00 ---- $465,000 $363,900 C\WINDOWS\TEMP\impact fee report doc 8 STEP 8 — MULTI-FAMILY SYSTEM DEVELOPMENT IMPACT FEES Multi-family hook-up fees are based upon a multiplier of multi-family usage to the standard usage of a single-family EDU. Multi-family = 0.47 x $2,022 = $950 / unit STEP 9 - TURF SYSTEM DEVELOPMENT IMPACT FEE The turf system development fee is based upon the typical turf usage for an 18-hole golf course in accordance with ADWR requirements of 430 acre-feet per year. Using 90 acres of turf within a standard golf course, a typical water usage of 1,411 EDUs was developed per golf course. Golf course storage requirements are 1/5 of the storage requirement of a single-family home. The EDUs for golf courses were, therefore, reduced by this portion of the storage requirements. Reservoirs account for approximately 42.5 percent of the total cost. Reducing this amount by 4/5 of the storage requirement for golf courses, a 34 percent reduction in EDUs is required for turf usage. The final system development fee will be based upon a cost per acre of turf. Turf usage(ADWR requirements) = 430 acre feet/yr for 18 holes(90 acre-turf) 383,819 gallons per day (gpd)/272 gpud = 1,411 EDUs/90 acre turf Golf Course Based upon Golf Course Storage Requirement = 0.25 Average Daily Demand(ADD) (1.25 ADD for other users) Reservoir Cost account for 42.5% of total x 4/5 reduction = 34% reduction 1411 EDUs x 0.66 (reduction in storage requirement) = 931 EDU 90-AC Golf Course = 931 EDU x $2,022 /EDU = $1,882,482/Golf Course $1,882,482/90-AC turf = $20,916/acre turf STEP 10 — FIRE-FLOW SYSTEM DEVELOPMENT IMPACT FEE A fire-flow system development impact fee for commercial/industrial and multi-family users is based upon fire-flow requirements for each project. The system development impact fee is based on the affected number of meters for a project with fire-flows greater than 1,000 gpm. Historic data for the Town of Oro Valley reflect approximately one metered hook-up for every three acres of commercial/industrial or multi-family facilities. Based upon approximately 1,546 acres of commercial/industrial and 400 acres of multi-family residential development, a total of 1,946 acres of additional facilities are expected. This equates to approximately 452 hook-ups with fire flows greater than 1,000 gpm at buildout. Based upon the estimated distribution of fire-flow requirements on a percentage of new meter hook-ups, the following table provides system development impact fees that were established. C`WINDOWS\TEMP\impact fee report doc 9 Fire-flow % of Hook-ups System Development Requirement Cost of Facilities above 1,000 gpm Impact Fee 1,001 - 1,500 Qpm $1.46 M 85% $3,230/ meter hook-up 1,501 —2,000 gpm $0.79 M 10% $14,847/meter hook-up 2,001 —2,500 gpm $0.26 M 50/0 $26,151 / meter hook-up TOTAL $2.51 M 100% C\W INDOW S\TEMPlimpact fee repon.doc 10 APPENDIX A FINANCIAL ANALYSIS AND REQUIREMENTS TOWN OF ORO VALLEY, ARIZONA Summary of Financing Assumptions in Connection with the Issuance of Water System Development Fee Revenue Bonds Based on projected system demands, tax-exempt revenue bonds are assumed to be issued in four installments that are approximately imately five years apart. The first two sales are expected on or around July 1, 2000. Future sales are expected as follows; Debt Bond Total Engineer's Service Underwriting Project Bond Project Cost Reserve and Issuance Amortization Interest Phase Size Estimate Fund* Costs Period Rate Series 2000 Sale 59,025,000 57,240,000 5902,500 5882,500 10 Years 7.0% Series 2005 Sale 6,850,000 6300,000 - 550,000 15 Years 8.5% Series 2010 Sale 7.625,000 7,000,000 - 625,000 15 Years 8.5% Series 2015 Sale 6,525.000 6,000,000 - 525,000 15 Years 8.5% Total 530,025.000 526.540.000 5902,500 S2.582.500 * The debt service reserve fund is equal to 10%of the principal amount of the Series 2000 Bonds and will be transferred to subsequent sales. Interest earnings on the debt service reserve fund are used to reduce gross annual debt service requirements. -- The bonds will be secured and repaid primarily through the collection of Water System Development Fees. Additionally,the bonds will have a subordinate pledge of net water system revenues; -- The bonds are structured such that those who benefit from the infrastructure will assume all related costs; -- The Water System Development Fee methodology is based on the projected total costs of the infrastructure, including financing costs, divided by the number of projected EDU's. (See Westland Resources, Inc. engineering report and the schedule herein titled "Calculation of System Development Fee".); - Historical residential building permits issued by the Town are as follows: 1999/00 projected 1,061 1998/99 1,020 1997/98 851 5-year average 756 10-year average 756 -- Bond debt service is structured based on the projected Water System Development Fee revenues which is driven by the historical building permit activity; -- Bond debt service is structured for maximum flexibility based on building permit demand and related Water System Developme Fee revenues, however: * The Town must make, at a minimum, scheduled principal and interest payments, and * The Town can accelerate principal payments based on system development fee revenue without penalty. Prepared by: Peacock Hislop 1 '28/2000 0 0 C O L O o OCC O 0 0 0 0 0 0 o C O O O O 0 0 C tr, O O 'r1 k O N c-,1 tri �'! N et C a0 c1 E-- O O tr1 Q� tr1 C : r n � C O ,. Ci C r''1 M Cl M EA EA E;03 EA i o C C 0 0 o C o 'r' ^ 6 c o 0 0 C C C C 0 0 0 0 1 • r n t n tri Q to trc VI V Cl Cl Cl Cl CA • in tr1 C to tr1 L n r C.1 EA z C , O O O O O W C O O C O O Q C 7 7 C r . ^ r r ' V Q tr1 t!c C w ,� v . N > L z "J C� f� tom- ('� � w �/ ,A 6A EA Eo, �.:il Ce "'r 4"C 4,J `1"." ' *C- = , W 0 0 C C 0 +-- OO C O O O (T.1 ['L 0 C O O O O cil c„ O O C O O kr) til oa •j.s r_l 6. 04 00 Mtr1 00 ..+ V V •,o O �` \O •o CL a) CCZ i.. O C 4.. O 0 0 O C O O C4 ° W O o 0 o C O 6 o '' C > VI C C C O o O In O p tr) to O (,) t^ tri kri O Cl Cl tr1 y Cl Cl T' C 00 Cl MMn ?>>> •` O O N 00 O v c Cr;' l� a Lc4" v z = •.... V 1 L L O fl 2 L CCf 1.1 CA . CZ ° ... -o Cl Ca. 4) W cif .= on 5 u 77 o = O = = O ';; 3 t.- O -' O.. •L cQ O 71 y _ rJ O CV ,`�.. u L a.O 'L7 a) O 4' TAZ Cl) a.) u V .4 C _ O OU c 0 O Cl u Cl) Cl) "' V O 't7 ✓ U - a. 4_ a > .s5 17) Q Q le ci) o -v u , V ° .� v c C a.. CMU a. 4) a. vi O C , - v,C O v1 v1 v, C v, O 0 , C ... N . • , O in r- tC N r1 t- O r- O O r1 C 1) .0 v'► r 1 00 M r0 O — — 00 V, 00 O O ,0 C `'r V _ , a v, a O O r- fes, .0 rl co 00 rr.C 0? .o O O 4J -c r� 00 00 a a 00 00 r� ON r� 00 a r� a 00 v, , .__, `� r- r- r- r r- r` r• r-- r+ r' r` r- r� r` r - C = v) V1 00 r- n '!J 1`n E z - N9 w 0 C C �n �n O C v'i v'� �n O �n C C N C o rr O in n r+ N O N N r.+ O 1-- 000 ,4 C I.y 71 'n ,o v, rl oo rn , O —0o v, oo O O so v1 O u 00 -T v, 0? O v, r- 00 .o N rte, r"-. 0o O a — — N ,�`M v1 .f, ,n ? ? -T , r^ r^. r 1 r 1 — — r 1 4.41 n cA •L y o c c o o C o C c C C C C C C R C p o c • .. .. .. c 0 oc Cn c O r, O c ., ccC C C C C O C 0 0 - ,n O v, C v, C v, C O ,n v, v, O v, v1 v, r1 v1 r- C ci in rr C u r- rl r` C r-- rt r1 rl fr., N.4, f^ r^ M �f ? .1. V, V1 so r- In WI ;#1 Ir, O C 'n N', C O C u C O C un C r! v', v1 r1 r� C C in r� v1 O C in el v, C — •.• v u — r.- r 1 .0 00 O O r- ," C O t-- — r 1 v1 C O, — O i r-i r n r! co ^i rl ^' r1 v, rr •r, rl en r1 Tr �. _ C C C r1 - ri To = v a a a a a a a a a a a a a a a ;a '� in a E o c v: `^ cv �' = M w J ^ ^ o 'noCCC ..no �, e� e a Cn N O ,n r- v` O co ,n r1 v, rl n/ — 'n — r� , .O 00 O 0 r+ fes- r- C ▪ t- — r l '�1 O O ti; 04 0o K a — — 0 so r- r- ri .p v, 0, 00 r y N -r r 1 a r+ .1. — Is- f+, a V, O v'+ a r+, r+ cc �`� r4..k,o v1 v, v, v1 rf .7. ,. r.1 r•^ , — 644 VI 40 .r -LJV, CV C O C C C C O C J — C C Cc C C C C C C C C C C C 0 «. CJ) : C O O C C C C C O O O 0 o 0 C _ 'n O v, C ,n C O v, in 0 C O v, v, 0 vi J f� C rl v, t- C ,n r, rl V, C in rl r.- in rl N M f^ r". M -r .T .,,t V, ,n. -0 -0 r- r- 00 •o. ww,, D.. was4111 44, Zt..) 0 O V., 0 0 (n C. 0 ,r, C O c .0 c 0 4 v, O N N v1 N v, C C , N O u r`1 O .o rl ri — N N — ri r1 N N, r1 r- ' O\ rr O r i�O ri Q r�i O Cr, O f 00 .D a 00 r, r 1 Cis 1`.,lam! Z u 4 t fes,, — -- — rte, N rl r•. — ri r1 rt N — ,p ! C ..r y E o H CO CO 00 00 00 00 00 00 00 00 00 00 00 00 N ... V1 _ = . ..: ..r � . ,�~ Q �'- H9 4.11 r " ! O H rsV ��� . O O O , O O v,O O ,n 0 0 0 8 0 0 v, r 4 N v,O eV N N rr N N r1 N N O �n v, N fttO H N O b N r` "7 N .el— N v,v1 r! r� 'p O u 00 ,— r+, 00 — a , a 00 .o a oo e4, .n b0 L• 00 ,o r!, — 00 .o r 1 a v, — r- ,I r` N ,o rnl N — v• y LJ H 'go L• ... y C o 0 0 0 c 0 o C C O O Q C C O 0 c o c c o C C c C c C C o c ,v G C O C O O O O O C C C C O O C Ce cv.,�.;Cuu0uuOCCccc c T.' N, 1-- r- C ,ss-- 0 N r` O u O , o v, r1 r 1 r 1 r^. f�, r^, •., .? .i.. ,n ,/, .o r� r� 00 O Z 2 ~ 4O 4/1 W ~ O , v, v, Vn v, N N vn VI V, N vO rr N , , , , 1...-- ("I, C., j `O "J s...: O 00 00,O 00 �O •• 4::,� n • en ,o Z N w. 'y .� a v� oo tf"+. ,n a r•1 �n .7 N 3 x .4. n n n .7 r� .o ,0 , �O 00 •r U J � CJD 41 t.) ow 7 V �J in , v, ,n , ,f-. , n , ,n v1 v, C .J •.+ 0 J!4- c,rs r1 rl rl rl N rl rl N v1 C •- v, wn v1 v, v, wn v1 vn v1 v1 h r,, IC) •; N u� � v VI 41 C c C O v ,T„� - v0000O v, M r- r-- C r� n f- O r-. r 1 e.1 r 1 y Fi.l of A [▪ - 'T - r- 00— ..! 00 tc1 H fes. — r1 f`1 rl ——rl O — q -0 o = u ri• rl r1 rl r 1 r)r)• rl — O O sn�' Q L - .ri H y O C] v N M (/) ee CUO co O C C C C O O C C •.. ,, •,, C ,,-, c v, O , v, v1 ,n .0 O 00 �Q ♦.. 0 r� r� C, r� c r-- O r-• rl N ,.•1 1n �O N !,n N 41 (`��1 � n 0 rn oa0 Q '^ K a f�+, n O � � •� � 1 n N `r� .7 in v, ? '.r rn r41 r 1 N — O ,3 O: O N Q = r H . � rte• /f r•••• 1/1 WI b9 C C T. C C C C C C 0 0 0 o • - o c c o C O o c cE C , in ,r, v, vi vi c C n' r`1 O Tr C n C f`I r� r 1 ri I r N, O 1i c-! J r- rc J .o C :. f� r< 00 00 a O C' C , cd "r N ON ea r•. 6+4 L O "J c. L _ 01 c3 1.. -' —N r+; -f v, v0 n 00 O, O —rr r^ ? •n ,o r- 00 a O — N cc- ,,r v, ,o r.-- 00 01 O •..- O .. O C C 0 0 0 0 N N o o N o N o o o o ,y "J f LL �'��� 00000000000000000000 0 0 0 0 0 0 0 0 0 42 L C ^ rl fel N rl N ,N N r) r1 , N rl N r!N rl rl N N N N N N N N N N N N .... .V .C) H C J) Z L1.1 CAC] V J -r 1� O O - Lr) \O V C`J 00 CT N C`1 O Cl _ C� - t f1 Q, -7' 00 Cl >, = ,n 00 rC ,o rn 00 Cl >, C) -r Ln G, O = v G. v) 6A 69 ,; c'3 Q r, C O — _ a) v y v kJ 0 .... 2 v .° o — Cl ; 00 vo v LLI v O • V Cl 1� C .- = Q L oo C "' N y x in v ClO r. n ^ r^- 77 cn •., - ;r Cl - .I. _ - ti... C. C. C. v CI Q) Cd r� C+.. C C: J +.,+ �r lift 4� -- O Q CO �•' ••••.• L v O • > W > a. v o =u r LI c o c c J .� r_l cis :d - ev W o o 0 4. 69 '^, i ti) c" •cn C -CD CV C-� O n L .� 4) z A .0 ^ ,,, oCA o W Li.)3 '-1' O0 O O y y O Cl Cl Cl Cl O to J L 4� Q M ^ ` y Cl) O 77 a ... O .-�4C•1 0L E • (II cn C4 [4 ',Z1 a) C/Dw03 CoL • •rz. 4-, C`J ^ ^ 00 C) U -�. 4.. =A W Z r1 r!' O Q, ,O v CA L o C ij t v m CC- kr, X11 Q v, .r C� `� Cl u {� V .� C. � ,� ,`J, "" c4n .14 ~ ril - Q v • .� J Q Ci) V � � w c� O > _ a 3 • y .L o y o v, o till kn c E o ? fi .r o V V Cl Cl c 1 r'.I '77 V = C) J 4� 4) = V cn .A O a) RS L 'L .L •� 'L Ci CA L .- t i v� cn cn O vp Q CG ct O. O Cl)•_ I 1 V 0 V ci C) Cl.. .0 'C7 . tIJ c L t RI CL C L C6. C O J^ C O C C C C `' y •O J O C C •- LO C.O C ^ C ....C O C cl ^ O c O C C C °' a) a) --.7:,C C C O C C C Ayc,, n n .- r = v — — n n n \ �j n r— �`! 04 r— r- C1 ..'' c-' y vi •— N. r) M M r U O L Z3 r , n y V 'g C r1) 69 69 643 i Cl. O = 0 V .=> ii <O z OoC E"C c = y '" O — NnyZN • C ;.) I� y N L 'n O yce w 4... --. c'3 4... .`tt Can ''''..1,.,,, >14 0.) CZ ,./1 "J (n W CA '11 -v ; E -v Z i = O oi...1 C "t2 Colo,44 m ' 1..1 Ca Z C.,) . o .._. � , � c, ;, w t, .4 . �, ,.. 0 _ a 0 Z CCe > CZ w � oL �, "C ,., y .D - i `e- ,-. - O .A C C .... U 0 LI cn Q, zi.C -4.... ct y .. -•C Cl. O O C LT.1Cd CO CC c.�.. L .= 0 0cm y >, = = o Jy e) cd �"' r.)... O CC CC = = n > Ci O O O '� V '� _ C o O > u u y �'- E— u E 0 o U V o .� •o o cG V) = C/1 (n U C4 L L ,= U !h • • o L LtA V 0 /....., v) ci C% a U .� u Cs. 0 vl T V C V C3 V CL MI V L et Q. V L r• a ".) .... C 0 C — C O C C C�1 — -c •V _ C C0 �J O C V 00 C`1 C'1 -f o0 00 C 'C 00 04 C C (`! 00 00 OD �`I �C �O C`1 ^. -Zr .n cC3 > C O 00 --- Cr, -- r 1 tom• f I ^- Cr' - r�1 - c C .^ c`I o0 o0 O C c'1 f'1 r'I -r c7 ca = y "C - O- - C__.:- C - C - - C - C --- :7.: C - -.__- c-I 00 O0 (/) v-) vm vm 'n vm vm Irl fir`, v1 vm v .-1 v1 v1 vm v1 vm vm v`, vm vm v-, In vm vm vm v1 v1 vm in cf'1 0 6 9 'n V/ V) c-- < c'16A "Z U V 6R C r'^ ^ C C C C C C C O C C `., C Col ....r o' ^ O : 00 '•0 C O '.0 00 C`I C`1 Zr' 00 00 ti0 'C 00 00 C -C C C`1 00 00 00 C`1 V ,0 (--•1 O Zr =. C C 'D 0 "- -O O f'1 �D C - C! C! C`! - Q` 'C i 00 - -T v1 `'7• C`1 00 rr1 v't in fr1 00 C`1 .. . . . . 1.. �. ti `; ,r) v', -'r -T en c'1 c-,1 -- CD C .7, 00 l- \^ 71. rn f') CD C7, l- ,rl en -- = vrD en CD r- (n I- O 7 "A- `'� --4' `� en f.1 c•-•1 en en 1 f r'1 en en C,1 (`J r,) f 1 (-,1 — — — — — Lel - a.. 69 N N ,j A U V �. .r P. L" O C C O C C O C C C C C O C C C0 C 0 0 C 0 C C. C C C C O C C 2..!) ad - C o C C C C C o C C C o C C C C0000000 " O o 0 o C o2..!) 0 Cl) 0 Ctno 'nCLn0vl ,riCOO 'n000kn 'c, 'r, o 'n 'nkr� CC 'ci 'n 'nC �r, O - •- viv;.oVDr-c-000oQ` C --(N Ci�tin •oN-00CC`iri'ric-C(N C-O -rN-v1 C 69 N N N N C) M M r'1 r'1 'Cf '7• ' e- v1 L C C C C C C C C O C C .J v n tinnn � ' CCVI ' inC in 0 .L V t— r,1 r- c, t— — C! c'1 r- oo `p N4. ca > 00v, `^ t-- ooc, -7Q, 00t— O E E v) d9 CT ..- z 69 let •..... 3 U.1 o r_l .� C oo COOOCOOOOC C W �, cc 0 0C knvIvIVIv.) v-1WIVnkcVn C V E (y • t.. t� �t1� t1 1� c� 1 �t11� v1 ..- i. tt) cn rn rn r'i M r'1 fn rn c'1 CO N N L. (� _/ ��..����.��r- - U y tr N -p y 64 O v) V � cw C ,� ca O a) 000000CCCC 0 •`-' � o � •C � C' O - � � in . . . N = V C`1 Q` O - NCI 00 M C`1 •0 CQ, OCCO0, OO1"`- 00 C .... = ._i V C Q D 6,4ti el 1 C.) z V LNo CCC 'n 'nCCCOVn O CJ -1- C) o' 'n O v) .0 '7 Cr, 0 �n r — — C . o C,1 Q�vi— t'�(N oo f�1 c� C� ro v� o �, ,r) ,-1- -� Mc'''1NN — en cQC C v1 C 4.6 , @:). 64, c�1 O O v1 C 6A E" ` N 6A E""' y cilU •.. -O CCCCCOOOCC C O (N r'1 O O C C C O O O C O 0 r-- 0 C O O C C 0 0 0 0 O d ' C ..• ec ooviCviCCCvivi o o ' ,o y a„ vi v) v� .0 'C t� c- o0 00 'o irl 7.4 n 0 Eel f; 0 i4 •L .`. ar 3 -+.. 4.1 O H CI '- C - CSIre) "t \0t� 000, O - CIrn -rv) 'OC- 000' 0 ..... C`! r'5I .1' 'O t- 00 0, CD OV U '- >, C O O O C O O C O N (N (N N C,1 CV N (N (N CV r'-i L. 4) N V '77 - C C 0 0 C C O O C C O O C C C O O C O C O C C o 0 0 C 0 0 0 U V z- O • >"" ,C -0 CJ N N N N N N N N N N N CI N NCV CI N N N N N N N N N N N N C`! ,,, V 'O N CI. M `� : E P j a C onZ � cnCI •• a) w Ca. c V L.. Cl. • ~ as ..` '_. :i.,`_ rte; ;:sr TOWN OF ORO VALLEY 4 COUNCIL COMMUNICATION MEETING DATE: April 5,2000 TO: HONORABLE MAYOR & COUNCIL FROM: Ainsley Anne Reeder Parks and Recreation Administrator SUBJECT: Progress Report - Assessment of Dennis Weaver Pool by Earl Kai Chann Associates, LTD. SUMMARY: This item came before Council on March 1, 2000. At that time, Council directed staff to enter into an agreement with Earl Kai Chann Associates, LTD. for architectural services. The consultant agreed to return to Council in 30 days with (1) an assessment of the extent and severity of the pool's problems, (2) the scope of work required for renovation, and (3) cost estimates. The consultant is in the process of completing the investigation and will provide a report detailing the results by the middle of next week. Council will be provided with this information as it becomes available. __-_:-_— __„-, , .._-4-:)R,_—_,. Parks and Rec eation Administrator Dot intHead Town Manag CA TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: April 5, 2000 TO: HONORABLE MAYOR & COUNCIL FROM: Ainsley Anne Reeder Parks and Recreation Administrator SUBJECT: Report—Assessment of Dennis Weaver Pool by Earl Kai Chann Associates, LTD. SUMMARY: Attached is a report from Earl Kai Chann Associates, LTD. regarding the Dennis Weaver Pool. This report, as requested by Council, outlines the existing deficiencies, the scope of proposed work, and preliminary cost estimates. Although there are also issues related to the bathhouse which must be addressed, the focus of this report is on the pool. Preliminary estimates to bring the bathhouse into ADA compliance will be provided to Council on April 5, 2000. A drawing of the bathhouse, which highlights the areas of non-compliance, is also attached. The cost estimate for the pool renovation is $763,000. This includes the complete replacement of the filtration, chlorination, and heating systems for $320,000. Additional costs include equipment room renovations, electrical work, plaster and tile work, deck equipment, and deck upgrades. Additionally, a 10% contingency of$69,500 has been included in the cost estimate. In reviewing this report, it was determined that the one area of vulnerability in the renovation is the piping under the pool. The consultant is recommending a $100,000 allowance or contingency in case problems with the underground piping are found. There are two methods to determine if piping is bad. First, the pipes could be pressure tested during the renovation for $8,000 - $10,000. However, the consultant recommends the second method: as the pool is being replastered and retiled, several areas would be cut to allow for a visual inspection of the underground piping. Should the pipes be in good condition, the areas could be patched. If the pipes are in bad condition, a full inspection and repairs could be made. • Parks and Recre 'on Administrator r&Ci/ail D- •. y ent Hea Town Ma ager fji z DENNIS WEAVER PARK SWIMMING POOL ARCHITECT'S JOB NO. 622 March 29, 2000 FINDINGS OF EXISTING DEFICIENCIES, SCOPE OF PROPOSED WORK, AND PRELIMINARY COST ESTIMATE FOR POOL RELATED ISSUES ONLY 1. EXISTING DEFICIENCIES: 1.1 Filtration System The Filtration system currently consists of(12)twelve residential type filters with a capacity of 4.9 sq.ft. each,for a total of 58.8 sq.ft. This is approximately two thirds of the desired capacity. The residential type filters also are not constructed to withstand the demand of a commercial pool. The existing filtration system backwashes into a holding tank prior to terminating into the sewer system. This holding tank and the line connected to the sewer system are not sized to handle the entire backwash flow demand,thus the holding tank overflows. 1.2 Chlorination System The pool uses chlorine to treat the water. This system currently is not in operation due to the numerous repairs required. Oro Valley personnel is manually treating the water. 1.3 Heating System The pool is heated by two Ajax boilers. One is not working,the other is approaching the end of its useful life. 1.4 Pool Deck Drainage System The existing pool deck drainage system is clogged and needs to be replaced. The drywell at north end is probably undersized too. 1.5 Equipment Room Currently,there is a chain-link fence enclosed area, partially roofed over. The equipment area is full of debris brought in by blowing winds, which is very detrimental to the pool equipment. 1.6 Electrical 1.6.1 Panel "A" has electrical tape used for fillers/closures. 1.6.2 Exterior GFCI receptacle at southeast corner of pool fence enclosure is missing coverplate and this device is not weatherproof type. 1.6.3 Exterior pole mounted quartz pool deck area flood lighting is in violation of the Town's Outdoor Lighting Code. 1.6.4 Panel schedules are not up to date. 1.6.5 Handicap ramp at west entry to pool facility is deficient. 1.6.6 The existing electrical service equipment(wireway and disconnects), starters and panels are approaching the end of their useful lives. 1.6.7 Underwater pool light fixtures need to be replaced. 1.6.8 Existing interior and exterior building light fixtures are incandescent, wp wall brackets. 1.6.9 Emergency lighting for public areas do not exist. DENNIS WEAVER PARK SWIMMING POOL ARCHITECT'S JOB NO.622 MARCH 29,2000 PAGE TWO 1.6.10 Required electrical circuits for new filtration, chlorination and heating systems, i.e. pumps and controls do not exist. 1.7 Splash Pool/Wading Pool: 1.7.1 Plaster There is a crack at the bottom of the splash pool, going east and west, at about 1/3 distance from south edge. The crack seems to be a contraction/expansion type, not structural. There is also black algae on the plaster. Plaster has a few years of life left before total replacement is required. 1.7.2 Gutter Tile In fair condition. There are replacement tiles in place with non- matching colors. The gutter itself is in severe deteriorating condition. Coating is peeling off, plus there are numerous rust stains throughout. 1.7.3 Lane &Target Tile In fair condition. There are tiles cracked along the plaster crack. A few tiles are missing, and quite a few tiles are stained. Red ceramic tiles, which are required by code, are not in place at steps and at the 5' depth line. 1.7.4 Cup Anchors Plastic type. In fair condition. 1.7.5 Underwater Lights Most lights are in place. Some are falling out of their sockets. 1.7.6 Floor Returns Some floor return covers are missing, and some covers are cracked. 1.7.7 Pool Drain and Gutter Drain Grates Pool drains need to be replaced. Some gutter grates are damaged, or missing completely. 1.7.8 Deck Equipment ■ Life Guard Chairs: of varying types, aged and rusted. ■ Ladders: aged. ■ Railings: aged ■ Starting Block: aged and rusted. ■ Diving Board: aged and rusted. ■ H.C. Lift Chair: Per Oro Valley Maint., chair does not work. 1.7.9 Auto Pool Fill The pool does not have an auto pool fill system. 1.7.10 Pool Deck ■ Deck Finish: worn,full of cracks. ■ Coping Stone: in good condition. ■ Depth tile/sign: none,just painted signs, most are faded. ■ Warning tile/sign: none,just painted signs, most are faded. 1.7.11 Visually, water surface at splash pool does not appear to be level. It is higher at the northeast corner and southwest corner, and lower at the other corners, which means the deck surface is uneven. Parks and Rec. Maintenance crew indicated that they have used dye test for possible leakage last summer. The result was negative. fyt ) ryJ'iF �1 y ��r y!fl4i �3.'^ DENNIS WEAVER PARK SWIMMING POOL ARCHITECT'S JOB NO.622 MARCH 29, 2000 PAGE THREE 2. SCOPE OF PROPOSED WORK: 2.1 Filtration System The existing filtration system should be replaced with a commercial type system capable of handling the pool requirements. The system will consist of five or six tanks with a minimum capacity of 90 sq.ft. Replace existing hold tank with a larger unit, with a properly sized drain line to the sewer system on Calle Concordia. 2.2 Chlorination System The existing chlorine system should be replaced with a new bromine system. Bromine is an alternative to chlorine with a less offensive odor than chlorine. Bromine, like chlorine, is susceptible to the UV rays of the sun. However, bromine lasts longer. Bromine also has superior algae killing characteristics than chlorine at the same levels. 2.3 Heating System The existing boilers should be replaced with pool heaters specifically designed for public pool usage. 2.4 Pool Deck Drainage System Replace the existing pool deck drains and drainage system. Provide new drain line, sloping from north to south, and connect directly to the existing sewer system on Calle Concordia. 2.5 Equipment Room Remove existing chain-link fence and wood framed canopies. Construct new matching CMU wall on three sides, and extend the metal roof structure to cover the entire equipment area. In addition, a Bromine Room is required for the new set up. 2.6 Electrical 2.6.1. Provide standard plastic closure material. 2.6.2 Provide wp receptacle with locking type cover. 2.6.3 Provide new code compliant, energy efficient HID (high pressure sodium or metal halide) lighting system. 2.6.4 Prepare current panel schedules. 2.6.5 Provide adequate lighting for this area utilizing HID bollards or pole mounted fixtures. 2.6.6 Provide new electrical service equipment, starters and panels. 2.6.7 Provide new underwater pool light fixtures. 2.6.8 Provide new energy efficient HID or compact fluorescent wp fight fixtures. 2.6.9 Provide new emergency lighting for public areas. 2.6.10 Provide required electrical circuits for new filtration, chlorination and heating systems, i.e. pumps and controls. a 3 i140:4$4414:61-*, DENNIS WEAVER PARK SWIMMING POOL ARCHITECT'S JOB NO.622 MARCH 29,2000 PAGE FOUR 2.7 Splash Pool/Wading Pool 2.7.1 Plaster Splash Pool: Have a few years (less than 5) of life left. However,this is probably the best time to replaster since the center will be shut down for a full year. The advantages will be: 1)to avoid another shut down, 2)to provide a brand new facility throughout, 3)the only way to remove the black algae, 4) a new gutter, all leveled, will insure more efficient skimmering. Wading Pool: Replacement is optional. 2.7.2 Gutter Tile Need Thoro-Seal to coat the gutter. Same comment as 2.7.1. 2.7.3 Lane &Target Tile Need to install red tiles at steps and 5' depth line. Same comment as 2.7.1. 2.7.4 Cup Anchors Replace with chrome plated brass unit(square outside and round inside). Same comment as 2.7.1. Underwater Lights The pool needs to be lit for evening events. Replace all light fixtures. 2.7.5 Floor Returns Provide all new covers, and install ceramic tiles around in-lets for better efficiency. 2.7.6 Pool Drain and Gutter Drain Grates Replace pool drain with anti vortex type. Replace with new gutter drain grates. 2.7.7 Deck Equipment ■ Life Guard Chairs: Replace with S.S. units. ■ Ladders: Replace • Railings: Replace • Starting Block: Replace • Diving Board: Replace with new Duro-firm diving boards. • H.C. Lift Chair: Replace 2.7.8 Auto Pool Fill Provide a new auto pool fill system. 2.7.10 Pool Deck • Deck Finish: Provide new deck finish. • Coping Stone: Provide new deck finish over existing coping stones. • Depth tile/sign: Provide new ceramic tile signs. • Warning tile/sign : Provide new ceramic tile signs. 2.7.11 Use laser equipment to check and verify if the exiting deck is built level. x ; **P-' DENNIS WEAVER PARK SWIMMING POOL ARCHITECT'S JOB NO.622 MARCH 29,2000 PAGE FIVE 3. PRELIMINARY COST ESTIMATES: 3.1 Filtration System $ 130,000.00 3.2 Chlorination System (Bromine) $ 150,000.00 3.3 Heating System $ 50,000.00 3.4 Pool Deck Drainage System (including saw cut deck slab) $ 20,000.00 3.5 Equipment Room $ 13,300.00 CMU Wall: 640 I.f. x$7.20/s.f. = $4,600.00 Metal Roof: 800 s.f.x$8/s.f. = $6,400.00 Screen: 801.f.x$5/I.f. = $ 400.00 Bromine Room: l.s. = $ 1,000.00 Gates: 3 x$300/each = $ 900.00 3.6 Electrical $ 43,400.00 3.6.1 Provide a plastic closure material = $50.00 3.6.2 Provide wp receptacle =$150.00 3.6.3 Provide lighting system = $10,000.00 3.6.4 Prepare current panel schedules = $200.00 3.6.5 Provide H.C. lighting= $3,000.00 3.6.6 Provide electrical service = $15,000.00 3.6.7 Provide underwater light fixtures = (see 3.7.5) 3.6.8 Provide energy efficient light fixtures = $4,000.00 3.6.9 Provide new emergency lighting= $1,000.00 3.6.10 Provide electrical circuits = $10,000.00 3.7 Splash Pool/Wading Pool 3.7.1 Plaster $ 83,550.00 Splash Pool: 15,700 s.f. x$5/s.f. = $78,500.00 Wading Pool: 1,010 s.f. x $5/s.f. = $5,050.00 3.7.2 Gutter Tile Included in 3.7.1. 3.7.3 Lane &Target Tile $ 43,500.00 2,900s.f.x$15/s.f. 3.7.4 Cup Anchors $ 8,100.00 54 x$150/each 3.7.5 Underwater Lights $ 3,920.00 14 x$280/each 3.7.6 Floor Returns (Lids only) $ 420.00 Splash Pool: 32 x $10/each = $320.00 Wading Pool: 10 x$10/each = $100.00 3.7.7 Pool Drains and Gutter Drains $ 390.00 Splash Pool/ Pool Drain: 4 x $30/each = $120.00 Splash Pool/Gutter Drains: 48 x$5/each = $240.00 Wading Pool/Pool Drain: 1 x$30/each = $30.00 3.7.8 Deck Equipment $ 64,000.00 ■ Life Guard Chairs 6 x $3,500/each = $21,000.00 • Ladders 5 x$1,100/each = $5,500.00 Mfr R: f SAY _.x Z. J Jt-t, x ;t:t^.",.`.t.,r.sL,•' s..- DENNIS WEAVER PARK SWIMMING POOL ARCHITECT'S JOB NO.622 MARCH 29,2000 PAGE SIX o Railings 2 x $500/each = $1,000.00 ■ Starting Block 8 x $1,500/each = $12,000.00 • Diving Board/Stand 2 x $10,000/each = $20,000.00 • H.C. Lift Chair 1 x $4,500/each = $4,500.00 3.7.9 Auto Pool Fill (Warrick) $ 5,000.00 3.7.10 Pool Deck $ 77,920.00 • Deck Finish Splash Pool: 10,600 s.f x$6/s.f. = $63,600.00 Wading Pool: 2,100 s.f. x $6/s.f. = $12,600.00 • Coping Stone Included in deck finish. • Depth tile/sign Splash Pool: 18 x$20/each = $360.00 Wading Pool: 8 x$20/each = $160.00 ■ Warning tile/sign Splash Pool: 22 x $40/each =$880.00 Wading Pool: 8 x$40/each = $320.00 SUB-TOTAL $693,500.00 Contingency(10%): $ 69,500.00 TOTAL PRELIMINARY COST ESTIMATE $ 763,000.00 Footnote:ADA Accessibility issues, deficiencies at existing bathhouse, master plan issues are okay not addressed in this study. ��`I � ut71�^ 0ix'` ., J Ra ° N1'/9d 8OO'1i/NV 1d 311S i, ° x� Z � y w '; ! o o J r o [ Iligt 5 ,,••: " 7,,,, _,0 !gni$ NOIIV H3aH ONH S)IUHd AJ-f1HA OHO 1�' ,� 3 "„ 1 aNN ta;;;,,1:w a fI $5P1 IOOd ONIWWIMS)1Hdd H3Ad3M SINN30 Ji, o.§c a= • a o I a=i I I I g ` I.1,06 r,,'-C9 m U U U U - s N D E t b - Y 2 , - .___ I I A bi J-- W i1 1 , 1 KI. 1\_„/ ,_ '.,?v-':' ---cke--;‘ 41,--H______1\ir_41.?___L , ‘ 1-- Z J " ' EV),- -{-\ii ' V _ � 3 ui - 1- ._r 1 ,, T 1 . S ii I 1,1 I I ; I .a �.. h $ L p c=;-, 1---_: r�_1 IF _J I It_ ---�I ir---iI 1 rel i N - 1 �! !1==1, II _, i I I-- �_ I _ B C7:0 I ► — (-,,--_,`` 1 ° �, 1 i cj r--�I ,:===1,...1,I`=-_II I�-----11;-� i=l s1 c 1 , I I oo2 11 1F I �J} I - tltJ- ,FEl 11 1 i I.. All.. SY'� ° 1- - _� J-11- i I i11 , - I i ° n '^ '• Li-- 1 7,-:311C17=11,7=-1 II Ii � i �i I I! \ I`i I •� � 4 • [Ir�---�I,-._ } r__----,1,-211,_-,i, r moi I — — - • • ' i 1 ! Ij li � I II it r1 �� � A I , L , 1 II ° II II I r� %1 LL c { IL---____=3 r"....._...3 -=1�===J11c===�11L---=� �� c_LI 4� `: , t i f--\—_ i 11rr i ►-_ I1r I I I I__; ,<, l 1 1 �I - _ I- �I iI 11 u 5////�J c� �f ICY 4! 1' g ! i ® I 1 k o ; 11 * IL ! I I o ' P I i1 ' z I II fI i iI US k 0 0 e JR ' hp'IL_�-]1 1r--11 IC�j�_=11 l, _-Di!�-J �--li IC.F1 ----J..---.�•.-�....—. I I I r FE" !! 1, I II I 1 I '� i o 0 Di iIII . __ --- 4 --.1 Ir r— , IC_ 1; —1 11 II I! 1 1 i I z lel 1 -I Ir- 1 I` I I ! 11, 1 o -- a I t L I Ir,I>_-,1I —,I Imo-cI,_-,Iit -,111 -1I EL-7_711,1j; I ; L 1 it I 1 li I1 I ;I 1 ____f 1 pi I; --31 1,_.--_--_—_311=-_—_-_,,,=-.:-..,1 ��Ii._ 11 ---.1 iL--_�I i_I , I�t-� 1 11 IIII 11 .I 11 II L 0 .4 o ® � I 11 I� 11 I I Ev, I ``�— — r-- Tt 17, 1(i-- • ,,. r1 I 1 ..f�s I .o-,H 1 [• . ig ? _+\___________, , ,,,,,., _ - ,I i�) Icy-' 1.._..I o �_-}A. I , 1,-- -1,_ - , -- - - O ,_ _ -r - _ I` I $2 r- [I j ffi I: il I I 1 1 0 i 14 t 1 I,I— � l Y is Th � d .1-sl I ,> aI- I .✓.Rr II V �u 9 0 16, t --:Q _ ZoV,.- 3 _o I U ii U. I I I • , , 4 v3 co 'n4 ' •.' -, Z--T. —,„ I .._, ''' A I ch ID 1,.. ., 1 I if 1 14 .13 -,, 1 .13-.fr --, -,,, ,,,,, , —Eild = 01 III \, ligg ri 0 .\ EC) - ''t),,)!,, Lill 11 I tA-. . Lj li u .—s1----7-1.---.Li_ • — Z 0 ,9 N 4, ii-- f ) '4'3L-t —---- -4 i .1:4 -4,1,irli_4\-, ,,- 1 •'s, • 6q-,) .,, - -4 ., ' ..., , --______---- -.1-- ,,.- ''-', '•*;' t)' .s?.. 43:P (S) f to . •Vi kt Z' .,•-4,- LLI s .(.8 L , 0 I' • - r-----, •=111111MIWP • . / . ' '-' • —.' 1 alwirmrArz — ---- Ell n , ............._ .............._ lier -.,94.,,k I I _4, III 0 Lu QD <1 111 fl I no oz 0 ‘___ TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: March 1, 2000 TO: HONORABLE MAYOR & COUNCIL FROM: Ainsley Anne Reeder Parks and Recreation Administrator SUBJECT: Logan's Crossing/Linda Vista/Loma Linda Trail SUMMARY: Historically, the equestrian community in Oro Valley has utilized a multi-use trail from the Canada del Oro Wash south through Logan's Crossing subdivision and continuing across an 18-acre parcel of undeveloped land. The 10' multi-use trail through the Logan's Crossing subdivision is a platted easement. The alignment of the trail as it proceeds southeast through the undeveloped property to Loma Linda Boulevard and west to Linda Vista Boulevard is not within a dedicated easement for public use. Although there have been efforts over time to insure public access, it appears that no legal trail access is currently in place. Although Linda Vista Boulevard extended across the northern border of the undeveloped property at one time, the Town vacated the road in May 1979. Linda Vista currently terminates at the northwest corner of the property, where a Town owned water utility site is located. On the east side of the property, the Town owns a 45' easement where Calle Loma Linda would have existed should it have continued north. The following steps are being taken with regard to this issue: (a) an on site inspection of the entire area in question by Town Staff; (b) an on site assessment of the property with the Pima County trails staff to establish potential remedies, difficulties with regard to terrain, trail standards, and safety issues; (c) a survey and title search; and (d) communication with the property owner to discuss acceptable solutions and alternatives. Additionally, staff has made every effort to maintain close communication with the trail users and equestrian community. It should also be noted that the 10' portion of the trail that goes through Logan's Crossing has issues which require resolution. As a part of this overall project, staff will be addressing the trail alignment, safety features, and fencing concerns in this area. Council will be provided additional information as it becomes available. Attachments: 1) Arial photograph of the property 2) Map of the property Parks and Recreation Administrator (au De ment Head 2wr. . Town Manager • a rrwS Y. •^Y,,. •,. • te. ,,,/w/ 'rpt,1 Y..,,,�.c.,+A .„, rF• ��•/ �' �h '-•r..rwwv.,r^r'' - •N:+r/r'...,,„„..;.,•••••-r— •r. f • • I „y(!•'�.";r\,':M f:y-y'j+lV.>i �! „i`'� r :r' s r;• 3 \ .. / .3...?.... >a .”...'• >r • r 8:P,.: fs>:i ham:*,+ : In i' •,....,...'3 J,. 3 •- • -: •/ •. .,x r:•4 rte.• •.t r ' .. j/'_ `mow•: }-f j • ` ,. ' t' _ te • 0 Yom' ▪ f " _ • • •f-...'.... ':444:t".:7.-: Y 'r - +• F{ , or w ' f F' V CZ rr. { • . lr I ../N„ { fr ••• f.,•,' • - .�� }, - j �J.r h F • • : • �j , :Jr' C. C :.J` ,,, N+Yn♦♦VP.•,.•.+JJMYN..:._ ��l+�. �. j V•V♦V♦ +j'' .�4 +� rr f AS,y �, J•6 a`4;, .{. ', inw•,Y+,Mr,w..... 5 ':,jam .r j+r _ I -:•w'kM.wv..•. !.'' •r ,� '•„JrD •`{, f.k `+ =,- ; ] «_.«.::wvxMA '• v `„vY ! + i. -r/'/w \4 �..iC .. 1 iC .,,-7 �^c••i.`� .t I t .. :•rJ f"j��fr+\ • ; r rr •\ r it • J:F''7'47 • t ' •'h W. {. " r uA�lr•t•,•OMNIIYYNMt+"..�♦A.•w•.t i� II/ ,- f4•' 4, •,• r.''w - ••, r ( 'rrf'•f/ <. \v • I C 'ti•x - _end.* 7j,•�4 _ r3. • zjr•'• ,�`'\ i.,: ••' r,,�4 .,YNfwNM,v.,._•.. - �,/'/” .0 : +,4h 3?r ♦- • •r' : • • '"�''� ::=:w•. � ; • 1 f• -,. •. } .•.N.,.....M•M,,..4 j: a,.,,...,•! wwwwwya.»M,iw,..w••�.• ..... : 7 • • wM w•f,w�'•r,N �,� jw � t .' 3 r, • -,.. ........••••,. / • .1 • . , f Fr'wy w._.M„..«...w...r...w...-...r,.Yw, :r/ F \•'` •t 1rYNq•M�.tn,,.i...xx::.,a,,,,,....a,.r:..,YM.,, -- • • • • 1. �`>. i• ••. Y\ / � ..rxrr•v„.- .n •..'\ .,.s.,„,„....•4 n..wrn,.w.........:.rM:,,a,......a.rn.+�w .«.wwx.w.Y..,..w,•.r.•M•Y...«._.«.....wlwr..r...r....p} ...,..w r.,. __.-.. .. • .,...•NM .,,•dw,w•i:.:,,......:..v✓.:......_....h.• -, w.. M•.M•. f ,.. ,... <-''' ' LO l'''1/4 EN k....1 tQ.1 N . `,., ... • •_ _ • - Ke.s S - .,i.,..r..;+.a ... -,•.♦M'••'rY., 3 jf Mv.x..WY.! •.....................♦wuw+V • t. • wNillvv+:•,•••JINVnMrY..�.wM♦♦+W, • .: \ l..n.,..wwv.Yu:......NM i _ • . } * „...,4.:\.. . /- :1.- • '•,.. • • • • Yom' :,•-• • Yy♦'w,y :' r,•r"r • .ww•••♦,•„w -iwwvuro..,..,.«.Y:r - 'Y.•Mn„Y,...«,»Nnr.ryw. f•• ice(, "�• r.wu. +•`'�'. \ 'ry'y •+ „.:NMI.,w n»a•wMN♦M•✓.••••.,,n'w wvnN,Y,•,v,«,. NMYnY.Y.ay.i•wW. "w,,, R .:wMr wA'nWwY♦Y♦♦,J.•iM.w.lai•M1♦,,, •-•rAV.M, t •. • Vya'>'. �«r yam.Y♦♦ •''� {�,?' :,i+.!•••. ` 2 w�•M,,, +' .. .....r...nM,Y„•X•„Yr••NY.♦,Y+N•r}i,•a,+rw' , - .f •)' YYa% - n,rµr,..w,,,.,.rr.;:;.•,•�w.Y••.•.Y..Y..•.::Nwv..,:,...v.Y...:.:,.,,..w( r r..... • � > < \,,......../ vYNNN4N„r ..... ..rfiHNM,M««w'w•NN. ,,••,w-w MMvr.r.. ' v! tl�•r • pM wxw•-• ..v. ..NMaN„J..w• 3 ,}` '.*.ry,•J"\ 7S � .Ar, h t���y, { • r,, r•,rrN,N•w„M•Lw, •-rr :,. i• •\ {y yip l •,• \ // S. ' ,Mti//y....- ..V:x/••-N •} 1 .M..V.a + ? • N.v«•«•,w•r+A VM'N•e».�.eY1j ti \ + 'rrf•” • $ •:rMMWA•••.w•.::.Nw,w tS •�. �.»,�W.rhLNn,ro YA••.wv4:i•V+M„n.v. •\ ,• ^ � •yV y1Na•a!W+rHAN,•w.Y•,V<^�NM1,YMa•,•!••rN::NA••Ww• 4,MM( • + • • • • A' rr` � ( i }. KwIM,�yy.v_••••a(++•} �:f_ ( • - • t . • --------...•-•• ' YJ\,,‘.........._.........1....:iY? - r r a,to:r..y L.,----„„...4 - {. rI .4 wa-i'. ;.r::.:•.,,,::............ ,aN t M,wY�,,w..•«.q„N,,N•...,,,w,•rrN ,Y. A.�..., .,y♦�.1 y.Aw•' , • 3 rwa r,• : T, i : }rwrrAlw•..,,••«•,+ww.l.ww N.,f•_ .4•: • � • {' 3 7 7: 7 fMMV•M•YMaWn•YwMM'.,•.1,ta+-/•v.YwtW, •••K' • • • • • yn:::,_,....:•. +Y,... .;; 3 • x. ..M D ,,,`N u i ,.Y, ...... :_.M. : '.', :: AN•. .. ,• .•...rMNMY ..:r:�♦Y • `}Y. xw(••• r• - •� ..v. .......,1MI.•, .w......, • <nV� t MNNrMNMa a,.tiV(Nw. vww,,,,•,./NrwMY�M1.'�.V� •; , ..• ' . -- } _ '+A`'•.+, ''• >, <• _ 3 ' i}}}• Y•- • .- f k' Y f .;i>` ♦ .t { '1,,,•--„.......,.......4.--••••,— —.•••••-•----,•1:nMlw ', 'w _ ..•.- •. '# • :y� � ..f• .it - '� '( i. - � • `,s•ice•. - � �'. ..rrr,.Y .....K • ,w+fir••• `. ,„.,,...1,.......,.•,....„4.----7.4 \• S Mw• .:i„�,...,... - :: N �, 1: MMS' � Li rt.-� jrF }_ .. .,„o. .,•xww,«».v v:eyn:•wY,+M-•+M�`a , i'- .' - xaw.nw A, ....... w.x.w• 1, r/ C, t a i Y tiE'. 1 • / { ,r /JJf • • • •.M _=�/ '1 t'•>/' :rN,,,.----"------7.--"\: '7`„n.,w [ '7'..... .•7. 4 ,••••',..- l - • • • •• > t • + +y ''> > i TOWN OF ORO VALLEY ; __Pry,/ COUNCIL COMMUNICATION MEETING DATE: April 5, 2000 1 O: HONORABLE MAYOR & COUNCIL I ROM: Ainsley Anne Reeder Parks and Recreation Administrator IUBJECT: Status Report: Logan's Crossing/Linda Vista/Loma Linda Trial IUMMARY: 1 o date, the following steps have been taken to address the issue of trail access at the Logan's Crossing / I inda Vista/Loma Linda Trail: • Staff has completed several on site inspections of (1) the 10' multi-use trail through the Logan's Crossing subdivision, (2) the potential alignment of the trail as it proceeds east to Loma Linda and west to Linda Vista across the 18-acre parcel of undeveloped land in question, (3) the continuation of the trail on Linda Vista, and (4) the continuation of the trail on Loma Linda. • Staff met with Steve Anderson, the Parks and Recreation Analyst for Trails and Open Space with Pima County to establish potential remedies, difficulties with regard to terrain, trail standards, and safety issues. • The Hawkeye Land Surveying Company is being contracted to conduct a survey and title search of the existing and potential trail areas. • Staff will meet with the owner of the 18-acre parcel of undeveloped land later this week to discuss access and potential remedies. • Staff will meet with surrounding property owners and any other persons interested in the trail access issue to identify additional issues and to explore feasible remedies. C ouncil will be provided additional information as it becomes available. Parks and Recre on Administrator De artment Heal.. Aar own Mana:er April 5, 2000 2:30 p.m. Ann Britt Resides at Oro Valley Country Club Estates and owns two horses May not be able to make this evenings meeting but wanted to express her concern regarding the Loma Linda Trail in that it is the only trail that provides access to the CDO wash 6 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: April 5, 2000 TO: HONORABLE MAYOR& COUNCIL FROM: Brent Sinclair, AICP, Community Development Director SUBJECT: Request to Initiate a General Plan Amendment for State Land North of Town Limits SUMMARY: Mayor Loomis has requested the initiation of a General Plan Amendment for approximately 4620 acres of State- owned land north of the Town Limits. Specifically, the land is bounded by Town Limits on the south, Pinal County line on the north, Sausalito Wash on the west, and Big Wash on the east. Currently this block of land has a "Master Planned Community" designation on the General Plan Land Use Map. The request is to change the designation to "Open Space". Although none of the land in question is actually in Town Limits, it was included in the 1996 General Plan. This request was initiated on March 23rd and falls within the designated period of acceptance for requests for General Plan Amendments. If the Council concurs with this request, the item will be placed on the Planning and Zoning Commission Agenda for consideration once proper legal notices have been posted. UGGESTED MOTION: The Town Council may wish to consider the following motion: I move to initiate a General Plan Amendment that would change the General Plan Land Use Map designation from "Master Planned Community" to "Open Space". Attachments: 1. General Plan Land Use Map Community Development Director L..r_ Town Manager SPHERE OF INFLUENCE (1 MILE) PINAL COUNTY _...®..;;;;..®...PLANNING AREA mmmmmr®®..®®®la® ®®®sammmmm am®®mmmmmmmmmmmmmmmm.01. i- 1 I i X I} 1 1 I ♦ s. ••••�i t--I OPEN SPACE ` :. L`-1-1 PRESERVE ' } il' NOTES MASTER PLANNED COMMUrttiy ! BACK UP DESIGNATIONS C",t)VI:I.Nt ltt ti PRESERVE , i The following land use designations are INII'IA'f ivii S fl!l il'ARF=A ` ` recommended in the event that the use shown Tt)}t Tt)1 1'I'A ` $ may not be realized due to lack of funding or Alt It 1NTAIN PARK 0 ! other factors { 01 Commerce Park N. t i 02 LDR2.0 .. `� r 41 1 i- �� 03 P/OS or CommerciaV Elder Care Ilj- -------`'- : K/.F•Il i � 0 ® P/OS or R-LDR I f -i , •i 11. '`, 4.'a �; ■ ® LDR 1.2 I ,g, a --.�'./ \._�,./. r i -.0 TOWN BOUOO.: ',, qty : © Commercial 1 ��c;?' •� ,' MOR y:CPQ I 07 MDR II R-LDR . i 1 •II R-LDR y'� ;�` I I LDR �,i 1 ® LDR 1.2 • LDR, ::.,�J MOR r�� PRE-ANNEXATION AGREEMENTS a+ ' 1.2 LDR'•.•�, ' The following a . -, .i'4 g Pre-Annexation Agreements have been �,f ,x B entered into bythe Town of Oro Valle r, I �,� N �1 I y. Q'' MDR MfJR - r I �41,,,,,,,, I OA PAD w/Commercial,MHDR,MDR&P/OS S/` R-LDR �� ' MOR •' , $� ,,/ ) i © PAD w/HDR&Commercial s�' I LDR MOR) JADR \;t -,Dr ,-=;., , I._., © PAD w/HDR 1.2 �/ CATALINA OD HDR STATE OE Commercial URBAN GROWTH BOUNDARY I r'zry ( CP O �1 e I _: 1 P:'0S ; PARK F HDR I MD ,. 'I ■ -, I MOORE ROAD --- --L--- _ •_ ^( . 3 ,�"., ,-/ LA CHOLLA AIRPARK SPECIAL PLANNING AREA SifF.. ! The Boundary for this planning area is the Conical ',LDR .R-LDR y I MD' ' � Zone for airport traffic. ---- -•1 1.2 I / a CP ' .� , LDR # MOR i R-LDR R-LDR ...�' I'2 2.0 mm i MOR i',;`. :z SPECIAL CONDITIONS r r , 71,1%M `PtS;' - . • -'I ®. Oa Allowable uses limited to those in the TP Zoning District �, R-LDR i , r o ® Uses limited to those in TP,TP Conditional TANGERINE ROAD >a ,I,� .{ ;' --------;__-____.• o' and small scale retail r, LDR i 4' _ .� x 1 ® 52 DU/ac;58 DU/ac max;33%open space;minor resort i ' ,2 I 0 LDR `MDR( •J , , w/5_150 rooms on 5513 ac R•LDR %� R-LDR LDR •\ e.i 2.0 MPC - a®®.• / _ LDR - 1.2 f MOR /// -`.1"'^z.a �• ► r r� ADVISORY NOTICE Pros M� MOR- z a R) i 1 LDR 18The land use designations on this mapare policyrecommendations only. R-LDR LDR 0: difP tD9 R' I- LDR; q..R 9 y. R- t,2 R. LDR r' 1.2 •.. ,r,°'I Designations may or may not represent actual zoning on properties.No NARANJA DRIVE MOR {Y decisions regarding land purchase or possible construction should be basec LDR r ,r/`� F CP p solely on these designations.For information about actual zoning , Mt I� - r g entitlements,refer to the official Oro Valley Zoning Map,the Oro Valley O. !Pa° LDR 1 2 . r 9 Zoning Code Revised,and related information. R-LDR qr fd E / LDR i P MOf� LDR ;.SDr © , , (1_..;;-___.44,7, `� ` 0 / 0.5 , '��_.l t__J 'y 1.2 s,ssun3 ,'i LDR 10 1.2 / PISP - ` 1 -' LDR .'I t.2 p LDR R-LDR PSS LDR 1n y"icer,, R-LDR • LAMBERT LANE 2.0 liSr... =. � '`,�.;,_.f -�_ t0 ti•0�.?„,,- max=' ... ..._.,00® R•LDR� LDR I, LDR 2.0- r,Zi q. LDR 2.0 1.2 MOR �2 p ',.:(7.0',„5LDR 1.2 MD `LDR _ � I_DR / -r-•V' Oir DR LDR ���'• LDR I.DR r� rl R-LDR MOH. ,t ,�R 1 2 cr' - F'�. MOR ,,'''�'' --�� MOR`;lis l .- I''.. q R/ Log . r- LINDA VISTA Bl_VD RDR (R LDR ,. .0 1.2 J. oQ..; 2 L(iR LL)H MDR o m m m a Y LDR 0 A 0.5 L00..0_ 44-4:, i r 1 R LDR LDR $.I S T v /`� MDR d / - _ MDR MDR if.- LDR I C ..' OVERTON ROAD LDR f� Ptw� / '\ MDR7 MDR ;J• t.2 t.2 `�'P/SP MUR�. LDR , CORONADO A /0,, c"_ LDR LDR \:. R-LDR MDR' 1.2 ° e LDR', �� MDR 1.2 ms 1.2 ., I HARDY lAD-•• MOR ,„!12 . NATIONAL �', �� FOREST i��MHDR ..,;:.. (�;(:),g/:� !MHDRry AHI • O`�., - �� -_. R.I. MHDR MDR ;2. Dn LDR UNDED 19 MDR ?Jilt MDR :iii- LDR r U 1.2 ° ro1HDR �.2 n. c„'��TA !" 1,2 MDR Hir- t" lJA,C.P r LDR HDR ''4" "CPtfir,n rii, MHDR �; -..:r F/ wa r l MDR MpH 1.2 ...ALL, MHDR A LDH ..r.l Er7_,,,,,,,„ LDR c' j R-LDR /�� R-LDRMDR ,•.' 1 2 lir► 1 2 z t' LDR SECONDARY PLANNING AREA 0 .,-- II MDR 1 t i 12 1� LDR � . . ,. 1.2 O O1 / it0 !` LDRff � �i MDR -I. r..,.: r r.. "7 --7.1,-941LDR e INA ROAD S __• - 1.2 �_ !y � ' IL1Si/r'LDR PisP ^� , r r ,'ii {.,, ® {M``OP J � LDR a. SPHERE OF Q tJ LDR 1.2 LDR HDR - t'2 OR <i z INFLUENCE LDR ..1.2 `p z g4 .. 1144: 1.2 HDR , MOO ,I15 O� ,5L . • HDR a //,° r o ORANGE GROVE ROAD }-!' MDR L...-: 1 �.• C? i, ���`mm"om�PLANNING 'REA ®� '.aa., cii Zi R o z c>-c o a o SG m o • 2 0 z Q z J U J T . N .O ' U o z o z ¢ ° �` z c�� . z CS U U p O Q : o Q - . R/ e TOWN of ORO VALLEY GENERAL PLAN LAND USE RURAL LOW DENSITY RESIDENTIAL [ cIMASTER PLANNED COMMUNITIES PARKS/OPEN SPACE R LDR P t>S (0-0.3 DU/ac) L.___ LOP i LOW DENSITY RESIDENTIAL III REGIONAL COMMERCIAL 1::,''-`,[d SCHOOLS LDR LOW DENSITY RESIDENTIAL 1111 COMMUNITY COMMERCIAL I TRANSMISSION LINE 1.2 (0.6-1.2 DU/ac) LOPLOW DENSITY RESIDENTIAL NEIGHBORHOOD COMMERCIAL ;,..-- INTOWN BOUNDARY 2.0 J (1.3-2.0 DU/ac) MEDIUM DENSITY RESIDENTIAL NORTH MDA (2.1-5.0 DU/ac) i 0 I OFFICE MC RESORT "a'X 'Kim' MEDIUM-HIGH SITY RESIDENTIAL CP 1 COMMERCE PARK 0 0.5 1.0 2.0 3.0 ` (5.1 10.0 DU/aC)DENSCALE IN MILES ,c HIGH DENSITY RESIDENTIAL I P10,1 PUBLIC/SEMI PUBLIC (10+DU/ac) 95084L 8.23.96 TOWN OF ORO VALLEY I REGULAR AGENDA Page 1 of 1 COUNCIL COMMUNICATION MEETING DATE: 04/05/2000 TO: HONORABLE MAYOR AND COUNCIL FROM: Dan L. Dudley, Town Attorney SUBJECT: ANDERSON vs. ORO VALLEY, U.S. District Court Case No. CV96-630 TUC UPDATE: This item was placed on the regular session to permit discussion, consideration and possible action relating to Anderson vs. Town of Oro Valley. RECOMMENDATION: None. SUGGESTED MOTION: None. ATTACHMENT: None. Signature of Town Att ey �L� TOWN OF ORO VALLEY I REGULAR AGENDA Page 1 of 1 COUNCIL COMMUNICATION MEETING DATE: 04/05/2000 TO: HONORABLE MAYOR AND COUNCIL FROM: Dan L. Dudley, Town Attorney SUBJECT: WILLIFORD vs. TOWN OF ORO VALLEY, Pima County Cause No. CV 331652 UPDATE: This item was placed on the regular session to permit discussion, consideration and possible action relating to Williford vs. Town of Oro Valley. ATTACHMENTS: None. RECOMMENDATIONS: None. SUGGESTED MOTION: None. C-2, Z7 Signature of Town Att ey